City of Patterson Page 1 Updated 4/27/2023 3:41 PM
Agenda
City of Patterson
City Council Regular Meeting
May 2, 2023
7:00 PM
Council Chambers
1 Plaza
Patterson, CA 95363
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (209) 895-8012. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] The City Council agenda and supporting public documents are available for viewing in City Hall, Administration Department, 1 Plaza, 2nd Floor, Patterson, California, during normal business hours. The City Council agenda and supporting public documents are also available online on the City web site www.ci.patterson.ca.us listed under Popular Links “City Council Agendas” or please call or email the City Clerk at (209) 895-8012 or [email protected] If you wish to be notified of future City Council Meetings, please visit our web site www.ci.patterson.ca.us go to Popular Links “City Council Agendas” and Subscribe to “RSS” ═══════════════════════════════════════════════════════════════
1. Call to Order
2. Pledge of Allegiance
3. Statements of Conflict
City of Patterson Page 2 Updated 4/27/2023 3:41 PM
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 Minutes of Regular Meeting - April 4, 2023 (7:00 PM)
5.3. Approve Minutes of Special Meeting/Closed Session - April 18, 2023 (6:00 PM)
5.4. Approve Minutes of Regular Meeting - April 18, 2023 (7:00 PM)
5.5. Approve the Patterson Fire Fighters Association IAFF Local 4577 Memorandum of Understanding Effective July 1, 2022 through June 30, 2025 and Corresponding Salary Schedule.
5.6. Approve Resolution No. 2023-20 of the city council of the City of Patterson Approving Adoption of National Public Works Week (npww) celebration on May 21st – May 27th, 2023 for the City of Patterson.
5.7. Adopt Resolution No. 2023-21 to Accept grant funds in the amount of $124,333 for an Access to Technology Program to provide digital connectivity for older and disabled adults from the County of Stanislaus Community Services Agency. The City of Patterson will accept a $124,333 grant funds from the County of Stanislaus and authorize the Finance Department to make the necessary budget adjustments for Fiscal Year 2022-23.
5.8. Adopt Resolution No. 2023-23 approving a Memorandum of Understanding (“MOU”) between Stanislaus County (“County”) and City of Patterson (“City”), regarding the Reorganization of the Zacharias and Baldwin Ranch South Master Plan area.
City of Patterson Page 3 Updated 4/27/2023 3:41 PM
5.9. Approve Second Reading and Adoption of Ordinance No. 867, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Amending (a) Section 6.28.070, Time for Filing, of Chapter 28, Firework Sales and Discharge, of Title 6, Health and Safety, and (b) Section
6.28.110, Fireworks stand specifications-Requirements, of Chapter 28, Firework Sales and Discharge, of Title 6, Health and Safety, of the Patterson Municipal Code to Allow for Extra Time in Apply to Operate and Erecting Firework Stands.
6. Presentation
6.1. Special Events ( Recreation & Community Services Director Flanders )
7. Presentation/Action Item
7.1. Adopt Resolution No. 2023-22 Approving the City of Patterson Mid-Year Adjustments to the Budget for the Fiscal Year 2022-23.
Staff Report: Finance Director Riedeman
Council: Motion to Adopt Resolution No. 2023-22 Approving the City of Patterson Mid-Year Adjustments to the Budget for the Fiscal Year 2022-23.
8. Public Hearing
8.1. Planning Department - Approve First Reading and Introduction of Ordinance No. 868 Reading by Title Only, Waiving Further Readings, an Ordinance of the City Council of the City of Patterson, Amending chapters 18.76 (parking and loading) of title 18 of the Patterson Municipal Code to modify parking requirements.
Staff Report: Community Development Director Stice
Mayor: Open/Close the Public Hearing
Council: Motion to Approve First Reading and Introduction of Ordinance No. 868, Reading by Title Only, Waiving Further Reading
9. City Council Reports
A. Appointment of (1) Member to the Senior Center Board of Directors
9.A.1. Appoint One (1) Members to the Senior Center Board of Directors for the Term of January 2023 - 2024 ( Mayor Clauzel )
B. Councilmember Alves
. Stanislaus Homeless Alliance (Councilmember Roque alternate) City of Patterson Page 4 Updated 4/27/2023 3:41 PM
. Stanislaus County Hazardous Waste Advisory Committee (Councilmember Farinha alternate)
C. Councilmember Romero
. Westside Health Care Task Force (Councilmember Alves alternate) D. Councilmember Farinha
. San Joaquin Valley Air Pollution Control District (Councilmember Romero alternate)
E. Mayor Pro Tem Roque
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor Clauzel alternate)
. Workforce Development Board (Mayor Clauzel alternate) F. Mayor Clauzel
. Stanislaus County Mayor's Meeting
. StanCOG (Mayor Pro Tem Roque alternate)
. League of California Cities (Councilmember Farinha 1st alternate, Councilmember Alves 2nd alternate)
10. Other Matters
11. 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 April 27, 2023.
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 of Patterson Page 1 Updated 4/5/2023 4:27 PM
City Of Patterson
Regular Meeting Minutes
April 4, 2023
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Michael Clauzel
City Council
Shivaugn Alves, District A
Jessica Romero, District B
Dominic Farinha, District C
Carlos Roque, District D
City Clerk
Aracely Alegre
1. Call to Order
Attendee Name Title Status Arrived
Michael Clauzel Mayor Present
Shivaugn Alves District A Excused
Jessica Romero District B Present
Dominic Farinha District C Excused
Carlos Roque District D Present
The regular meeting of the City Council of the City of Patterson of April 4, 2023 was called to order in the City of Patterson at 7:01 p.m. by Mayor Clauzel.
City Staff Present:
1. City Manager Irwin
2. City Attorney Varinsky (remote)
3. Finance Director Riedeman
4. Public Works Director Willett (remote)
5. Fire Chief Gregory
6. Police Chief Clayton
7. IT Manager Ford
8. Human Resources Director Guillory-Jones (remote)
2. Pledge of Allegiance
3. Statements of Conflict
None.
4. Proclamation
5.2 Packet Pg. 5
Minutes Acceptance: Minutes of Apr 4, 2023 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 4/5/2023 4:27 PM
4.1. Proclamation - Love Patterson
Mayor Clauzel presented the proclamation.
Supervisor Channce Condit presented a certificate to Love Patterson.
Office of Senator Alvarado-Gil presented a certificate to Love Patterson.
5. Items from the Public
Yolanda Magana, Patterson Resident - addressed City Council in appreciation of the clean-up of the palm trees on Las Palmas Avenue. Ms. Magana also addressed City Council regarding possible bike trails on Las Palmas Avenue, the 49er youth flag football program possibly being year-round, potholes on Walnut Avenue.
Dr. Gauna, Patterson Joint Unified School District Superintendent - addressed City Council appreciation to City Council and City Manager for their support and collaboration. Dr. Gauna also provided updates on several projects.
Supervisor Channce Condit - addressed City Council regarding palm tree maintenance on Las Palmas Avenue, possible bike lane collaboration between the County and City, County road potholes contact Mr. Condit directly at (209) 622-7485, also provided an update on medical facility, and expressed his gratitude to City Council and City Manager for their collaboration.
Gavin Cline, Field Representative for the Office of Congressman John Duarte - addressed City Council to provide an update on several projects.
Jake Foulder, Field Representative for the office of Senator Alvarado-Gil - addressed City Council to provide an update on new legislative bills passed.
Julie Angeles, Patterson Resident - addressed City Council regarding El Soyo Village not having access to safely walking downtown.
Adolfo Virgen, Patterson Resident - addressed City Council in gratitude for newly installed stop signs around the neighborhoods. Mr. Virgen also invited members of the public to attend the Parks, Recreation & Beautification Commission meetings and provided an update on current projects and upcoming openings. He also addressed the City Council with the possibility of offering internships with High School students.
Kandace Weyhrauch, Love Patterson Committee - addressed the City Council in appreciation for sponsoring the event and projects members of the community can volunteer for available on their website. Ms. Weyhrauch also expressed her appreciation to all the sponsors.
6. Consent Calendar
Yvonne Reynolds, Patterson Resident pulled item 6.10 for discussion.
Mayor Pro Tem Roque motioned to approve Consent Calendar Items 6.1 through 6.9, excluding 6.10. The motion was seconded by Councilmember Romero and unanimously approved by a 3-0 roll call vote.
Ayes: Councilmembers Romero, Roque and Mayor Clauzel
Noes: None
Excused: Councilmembers Alves and Farinha
Consent Calendar Item 6.10 was discussed.
Yvonne Reynolds, Patterson Resident - addressed City Council regarding safety concern with trail going underneath the road.
City Manager Irwin addressed Ms. Reynolds concerns.
Julie Angeles, Patterson Resident - addressed City Council regarding grant for project, can it be used for any area on Salado Creek or is it specific for that section?
5.2 Packet Pg. 6
Minutes Acceptance: Minutes of Apr 4, 2023 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 4/5/2023 4:27 PM
City Manager Irwin Addressed Ms. Angeles concerns.
Councilmember Romero motioned to approve Consent Calendar Item 6.10. The motion was seconded by Mayor Pro Tem Roque and unanimously approved by a 3-0 roll call vote.
Ayes: Councilmembers Romero, Roque and Mayor Clauzel
Noes: None
Excused: Councilmembers Alves and Farinha
6.1. Motion to Waive Readings - All Readings of Ordinances and Resolutions, Except by Title are hereby waived.
6.2. Approve Minutes of Special Meeting/Closed Session - February 7, 2023 (6:00 PM)
6.3. Approve Minutes of Regular Meeting - February 7, 2023 (7:00 PM)
6.4. Approve Minutes of Special Meeting/Closed Session - February 21, 2023 (6:00 PM)
6.5. Approve Minutes of Special Meeting - March 14, 2023 (7:00 PM)
6.6. Approve Minutes of Regular Meeting - February 21, 2023 (7:00 PM)
6.7. Approve Minutes of Special Meeting/Closed Session - March 21, 2023 (6:00 PM)
6.8. Approve Minutes of Regular Meeting - March 21, 2023 (7:00 PM)
6.9. Approve Street Closure Request for the Patterson Apricot Fiesta, Scheduled for June 1 - 4, 2023.
6.10. Reject all bids for Salado Creek Trail Phase-1
7. City Council Reports
A. Councilmember Alves
. Stanislaus Homeless Alliance (Councilmember Roque alternate) . Stanislaus County Hazardous Waste Advisory Committee (Councilmember Farinha alternate)
B. Councilmember Romero
Nothing to report.
. Westside Health Care Task Force (Councilmember Alves alternate)
5.2 Packet Pg. 7
Minutes Acceptance: Minutes of Apr 4, 2023 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 4/5/2023 4:27 PM
C. Councilmember Farinha
. San Joaquin Valley Air Pollution Control District (Councilmember Romero alternate)
D. Mayor Pro Tem Roque
Nothing to report.
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor Clauzel alternate)
. Workforce Development Board (Mayor Clauzel alternate) E. Mayor Clauzel
Nothing to report.
. Stanislaus County Mayor's Meeting
. StanCOG (Mayor Pro Tem Roque alternate)
. League of California Cities (Councilmember Farinha 1st alternate, Councilmember Alves 2nd alternate)
8. Other Matters
Councilmember Romero addressed the newly installed four-way stops around town.
Mayor Clauzel provided an update from his biweekly report, now posted on the website. Mayor Clauzel also thanked Police Chief Clayton for updating the Police Department’s webpage.
Mayor Pro Tem Roque addressed the internship program and expressed his excitement to work with the School District in the future.
9. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of April 4, 2023 was adjourned at 7:52 p.m.
Approved by the Patterson City Council on May 2, 2023.
5.2 Packet Pg. 8
Minutes Acceptance: Minutes of Apr 4, 2023 7:00 PM (Consent Calendar) City of Patterson Page 1 Updated 4/25/2023 4:55 PM
City Of Patterson
Special Meeting/Closed Session Minutes
April 18, 2023
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Michael Clauzel
City Council
Shivaugn Alves, District A
Jessica Romero, District B
Dominic Farinha, District C
Carlos Roque, District D
City Clerk
Aracely Alegre
1. Call to Order
Attendee Name Title Status Arrived
Michael Clauzel Mayor Present
Shivaugn Alves District A Excused
Jessica Romero District B Excused
Dominic Farinha District C Present
Carlos Roque District D Present
The special hybrid (Closed Session) meeting of the City Council of the City of Patterson was called to order in the City of Patterson, City Council Chambers, 1 Plaza, Patterson at 6:00 p.m. by Mayor Clauzel.
City Staff Present:
1. City Attorney Goldstein
2. City Manager Irwin
The City Council will adjourn to Closed Session to address the following:
a. Conference with Legal Counsel - Existing Litigation, Cal. Gov. Code §54956.9(d)(1) Name of Case: NATIONAL PRESCRIPTION OPIATE LITIGATION, United States District Court, Northern District of Ohio, Eastern Division, Case No. 1:17-md-2804 b. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Gov. Code, § 54956.9(d): One (1) matter
2. Statements of Conflict
None.
5.3 Packet Pg. 9
Minutes Acceptance: Minutes of Apr 18, 2023 6:00 PM (Consent Calendar) City of Patterson Page 2 Updated 4/25/2023 4:55 PM
3. Items from the Public
None.
4. Adjourn to Closed Session
At 6:01 p.m. there being no items from the public, the Patterson City Council adjourned to Closed Session.
5. Report from Closed Session (if any)
At 6:59 p.m. Mayor Clauzel announced that regarding Item No. 1a and Item No. 1b, the City Council provided direction to staff.
6. Adjournment
There being no further business, the special (Closed Session) meeting of the City Council of the City of Patterson of April 18, 2023 was adjourned at 6:59 p.m.
Approved by the Patterson City Council on May 2, 2023.
5.3 Packet Pg. 10
Minutes Acceptance: Minutes of Apr 18, 2023 6:00 PM (Consent Calendar) City of Patterson Page 1 Updated 4/26/2023 3:45 PM
City Of Patterson
Regular Meeting Minutes
April 18, 2023
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Michael Clauzel
City Council
Shivaugn Alves, District A
Jessica Romero, District B
Dominic Farinha, District C
Carlos Roque, District D
City Clerk
Aracely Alegre
1. Call to Order
Attendee Name Title Status Arrived
Michael Clauzel Mayor Present
Shivaugn Alves District A Excused
Jessica Romero District B Excused
Dominic Farinha District C Present
Carlos Roque District D Present
The regular meeting of the City Council of the City of Patterson of April 18, 2023 was called to order in the City of Patterson at 7:00 p.m. by Mayor Clauzel.
City Staff Present:
1. City Manager Irwin
2. City Attorney Goldstein
3. Fire Chief Hakola
4. Associate Planner Rodriguez
5. IT Manager Ford (remote)
6. Fire Chief Gregory
7. Public Works Director Willett
8. Recreation & Community Services Director Flanders
9. Finance Director Riedeman
10. Water Resources Manager Encinas
11. Human Resources Director Guillory-Jones (remote)
12. Capital Projects Manager Rodriguez
13. City Engineer Ulloa
14. Community Development Director Stice (remote)
15. City Clerk Alegre
2. Pledge of Allegiance
5.4 Packet Pg. 11
Minutes Acceptance: Minutes of Apr 18, 2023 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 4/26/2023 3:45 PM
3. Statements of Conflict
None.
4. Proclamation
Mayor Clauzel presented the Fair Housing Month proclamation to Ana Andrade, Community Outreach Coordinator for Project Sentinel Fair Housing.
Mayor Clauzel presented the National Library Week proclamation to Susan Sawyer, Librarian for Patterson Public Library.
Mayor Clauzel presented an Certificate of Appreciation to Tiffany Rodriguez, Capital Projects Manager for the City of Patterson.
4.1. Proclamation - Fair Housing Month
4.2. Proclamation - National Library Week
5. Items from the Public
Patterson Resident - addressed City Council regarding requesting a grant for animal control. Need for control cat population in the city.
City Manager Irwin addressed resident's concerns.
Tim Benefield, Patterson Resident - addressed City Council regarding the following, CERT (Community Emergency Response Team) training courses, encourage public participation, sheriff's department pod cast, and donating blood.
Kandace Weyhrauch, Patterson Resident - addressed City Council regarding road safety survey results and provided a Love Patterson projects update.
Yolanda Magana, Patterson Resident - addressed City Council regarding noise complaints process.
Susan Sawyer, Patterson Librarian - addressed City Council to provide an update on library services.
Justin Farkas, Field Representative with the Office of Senator Alanis - addressed City Council and provided a Legislative update.
6. Consent Calendar
City Manager Irwin pulled Item 6.9 to be brought back on a future agenda.
Mayor Pro Tem Roque motioned to pull item 6.9 to be brought back on a future agenda. The motion was seconded by Councilmember Farinha and unanimously approved by a 3-0 roll call vote.
Councilmember Farinha motioned to approve Consent Calendar Items 6.1 through 6.13, excluding Item 6.9. The motion was seconded by Mayor Pro Tem Roque and unanimously approved by a 3-0 roll call vote.
RESULT: ADOPTED
MOVER: Farinha
SECONDER: Roque
AYES: Clauzel, Farinha, Roque
EXCUSED: Alves, Romero
6.1. Motion to Waive Readings - All Readings of Ordinances and Resolutions, Except by Title are hereby waived.
5.4 Packet Pg. 12
Minutes Acceptance: Minutes of Apr 18, 2023 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 4/26/2023 3:45 PM
6.2. Approve City Department Reports for the Months of February thru March 2023 (Public Works and Planning Department)
6.3. Approve City Commission Report for the Month of March 2023 (Parks, Recreation & Beautification Commission)
6.4. Review and Approve the City’s Sewer System Management Plan (SSMP) Internal Audit 2022.
6.5. Approve Resolution No. 2023-11 Approving Water, Sewer and Storm Drainage Impact Fee Increases, Per Ordinance No. 608
6.6. Approve Resolution Nos. 2023-12 and 2023-13 Declaring the City Council's Intention to Initiate Proceedings for the Annual Levy of Assessments and Ordering the Preparation of Engineer’s Reports for the Landscape Maintenance Districts (LMDs) and County Service Area (CSA) No. 15) for FY 2023/24.
6.7. Approve Resolution No. 2023-14 Approving a Deferred Improvement Agreement with Cynthia Bizzanelli and Andrew Ramirez of the Maria Ramirez Trust; Authorizing the City Manager to Execute the Agreement; and Authorizing the City Clerk to Record the Deferred Improvement Agreement.
6.8. Approve Resolution No. 2023-15 and 2023-16 a Resolution of the City Council of the City of Patterson supporting the Fiscal Year 2023-2024 Annual Action Plan and authorizing the City Manager to execute the HOME and CDBG Subrecipient Agreements for Fiscal Year 2023-2024.
6.9. Approve Resolution No. 2023-18 Accepting the Public Improvements for Villages of Patterson, Clayton Shire Offsite as Complete; Authorizing the City Clerk to File the Notice of Completion; and Begin the One-Year Warranty.
6.10. Approve Resolution No. 2023-19 A Resolution of the City Council of the City of Patterson, Adopting and Allocating Funds for an Outdoor Fitness Court® as Part of the 2023 National Fitness Campaign and accept the 2023 National Fitness Campaign Grant for an Outdoor Fitness Court and Approve Funding Through the Unallocated Balance of the Community Complex Impact Fees.
6.11. Motion to Accept and Appropriate Budget for Grant funds in the amount of $12,500 for Older Adults Recovery and Resilience Funding (OARR) for the Older Californians Nutrition Program (OCNP) and Intergenerational Activities.
6.12. Motion to Accept and Appropriate Budget for Grant funds in the amount of $17,900 for upgrading stove in Hammon Senior Center kitchen from the Stanislaus County Area Agency on Aging and authorize the Finance Department to make the necessary budget adjustments for Fiscal Year 2022-23.
6.13. Accept grant funds in the amount of $78,436.36 for T.E.M.S, Tactical Emergency Medical Service, from Homeland Security through an AFG grant and Authorize the Finance Department to make the necessary budget adjustments for Fiscal Year 2022-23.
5.4 Packet Pg. 13
Minutes Acceptance: Minutes of Apr 18, 2023 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 4/26/2023 3:45 PM
7. Presentation
Fire Chief Hakola, and Tom Whitmer, Director of Business Development with Pierce Financial Solutions reviewed the presentation.
7.1. Fire Department - Fire Engine Presentation
8. Public Hearing
8.1. Planning Department - Approve Resolution No. 2023-17 A Resolution Of The City Council Of The City Of Patterson Approving And Adopting General Plan Amendment No. 2023-01, An Update To The Health And Safety Element Including Adoption Of The Multi-Jurisdictional Hazard Mitigating Plan Therein Pursuant To Government Code Section 65302.6
Community Development Associate Planner Rodriguez reviewed her report.
Water Resource Program Manager Encinas reviewed her report.
At 8:04 p.m. Mayor Clauzel opened the item to public comments. There were no public comments.
Councilmember Farinha moved to approve Resolution No. 2023-17. The motion was seconded by Mayor Pro Tem Roque and unanimously approved by a 3-0 roll call vote.
RESULT: APPROVED
MOVER: Farinha
SECONDER: Roque
AYES: Clauzel, Farinha, Roque
EXCUSED: Alves, Romero
8.2. City Manager - Approve First Reading and Introduction of Ordinance No. 867, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Amending (a) Section 6.28.070, Time for Filing, of Chapter 28, Firework Sales and Discharge, of Title 6, Health and Safety, and (b) Section 6.28.110, Fireworks stand specifications-Requirements, of Chapter 28, Firework Sales and Discharge, of Title 6, Health and Safety, of the Patterson Municipal Code to Allow for Extra Time in Ap
City Manager Irwin reviewed his report.
At 8:08 p.m. Mayor Clauzel opened the item to public comments.
Kandace Weyhrauch, Patterson Resident - addressed City Council in support of the ordinance.
TNT Fireworks - addressed City Council in support of the ordinance.
At 8:12 p.m. there being no further comment, Mayor Clauzel closed the item to public comments.
5.4 Packet Pg. 14
Minutes Acceptance: Minutes of Apr 18, 2023 7:00 PM (Consent Calendar) City of Patterson Page 5 Updated 4/26/2023 3:45 PM
Mayor Pro Tem moved to approve the First Reading and Introduction of Ordinance No. 867, reading by title only, waiving further reading. The motion was seconded by Councilmember Farinha and approved by a 3-0 roll call vote.
RESULT: APPROVED
MOVER: Roque
SECONDER: Farinha
AYES: Clauzel, Farinha, Roque
EXCUSED: Alves, Romero
9. City Council Reports
A. Appointment/Reappointment Three (3) Members to the Planning Commission
9.A.1. Appoint/Reappoint Three (3) Members to the Planning Commission for the Term of February 2023 - 2025 ( Mayor Clauzel, Councilmember Farinha) Mayor Clauzel recommended the appointment of Eric Bendix, Michael Sidhu, and Lynn Apland to the Planning Commission for the term of February 2023- February 2025.
Councilmember Farinha moved to approve the appointment of Eric Bendix, Michael Sidhu, and Lynn Apland. The motion was seconded by Mayor Pro Tem Roque and unanimously approved by a 3-0 roll call vote.
B. Councilmember Alves
. Stanislaus Homeless Alliance (Councilmember Roque alternate) . Stanislaus County Hazardous Waste Advisory Committee (Councilmember Farinha alternate)
C. Councilmember Romero
. Westside Health Care Task Force (Councilmember Alves alternate) D. Councilmember Farinha
Nothing to report.
. San Joaquin Valley Air Pollution Control District (Councilmember Romero alternate)
E. Mayor Pro Tem Roque
Nothing to report.
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor Clauzel alternate)
5.4 Packet Pg. 15
Minutes Acceptance: Minutes of Apr 18, 2023 7:00 PM (Consent Calendar) City of Patterson Page 6 Updated 4/26/2023 3:45 PM
. Workforce Development Board (Mayor Clauzel alternate) F. Mayor Clauzel
. Stanislaus County Mayor's Meeting
Mayor Clauzel provided an update on the homeless problems in our area. . StanCOG (Mayor Pro Tem Roque alternate)
Nothing to report.
. League of California Cities (Councilmember Farinha 1st alternate, Councilmember Alves 2nd alternate)
Nothing to report.
10. Other Matters
Mayor Pro Tem Roque discussed the following: Thanks to first responders for active shooter program, also thanks to Ana Andrade from Project Sentinel for their continued support.
Mayor Clauzel discussed the following: Meeting with Senator Alvarado-Gil on April 5, 2023 to discuss current projects, CARE team meeting, homeless outreach team, Homeless clean up, active shooter training at Patterson High School, H.O.S.T. and Naomi's House project update, and Sperry Avenue project update.
11. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of April 18, 2023 was adjourned at 8:18 p.m.
Approved by the Patterson City Council on May 2, 2023.
5.4 Packet Pg. 16
Minutes Acceptance: Minutes of Apr 18, 2023 7:00 PM (Consent Calendar) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Marie Guillory Jones, Director of Human Resources
MEETING DATE: May 2, 2023
ITEM NO: 5.5
SUBJECT: Approve the Patterson Fire Fighters Association IAFF Local 4577 (IAFF) Memorandum of Understanding (MOU) effective July 1, 2022 through June 30, 2025 and corresponding salary schedule, and authorize the Finance Department to make any necessary budget adjustments.
RECOMMENDATION
Motion to Approve the Patterson Fire Fighters Association IAFF Local 4577 (IAFF) Memorandum of Understanding (MOU) effective July 1, 2022 through June 30, 2025 and corresponding salary schedule, and authorize the Finance Department to make any necessary budget adjustments.
BACKGROUND
The collective bargaining agreement between the City of Patterson and IAFF expired on June 30, 2022. The parties have met and conferred, contract negotiations have concluded, and a tentative successor agreement has been reached. In addition, IAFF membership has ratified the negotiated agreement. 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 budgetary impact:
· Three (3) year contract effective July 1, 2022 through June 30, 2025.
5.5 Packet Pg. 17
· Section 7G - Overtime Availability Forms: New section - The procedure for filling overtime will consist of a list where the person with the least number of hours of overtime will be at the top of the list and the person with the greatest number of hours will be at the bottom of the list. Personnel at the top of the list will be awarded the assignment first and the personnel at the bottom, last.
· Section 7H - Filling of Overtime Positions Procedure: Language revised to clarify the rank order for filling overtime, the timing for filling overtime positions, and elimination of obsolete language.
Sub-Section 3: Living Boundaries - Updated to include Tiers. This will allow prioritization of candidates who reside closest to the City of Patterson, but also allow consideration of applicants beyond the current 45-mile radius:
- Tier 1 within 45-mile air radius
- Tier 2 within 90-mile air radius
- Tier 3 outside of 90-mile air radius
· Section 7K - Mandating of Personnel for Overtime: Language revised to state that prior to mandating overtime, all efforts will be made to fill overtime on a voluntary basis, including moving personnel from their primary position into a lower or higher rank to accommodate employee requesting to work overtime.
· Section 10D - Assignment of Work: New paragraph added to codify that the On-Duty Chief Officer has overall authority for station/shift activities and work assignments. No change to process or procedures.
· Section 11 - Holidays and Leaves:
- Sub-Section B(2): Maximum Accrual Removed language that employees will be notified when accrual balance reaches 415.22 hours.
- Sub-Section B(3): Vacation Usage and Approval Added vacation card and bidding system. This specifically allows the number of personnel off on vacation leave during a 24-hour period to be a maximum of 2 persons for 24 hours or 2 person for 12 hours each with non-overlapping time periods (0700-1900 hours and 1900-0700 hours). · Section 12 - Sick Leave, Bereavement Leave, Family Leave: Added clarifying language of when an employee may be required to provide a physician’s note. · Section 13A - Filling Vacancies: Provision added to allow current bargaining unit members preference points to initial test score for recruitments that include nonbargaining unit candidates. · Section 13G - Personnel Assignments: Revised language to extend platoon assignments that result from the bid process from two-year to seven-year terms. Station and apparatus assignments shall remain in effect for two-year terms.
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· Section 20 - Uniform Allowance: Added clarifying language that uniform allowance shall only be reported to CalPERS for “classic” members. (This is in accordance with government code and there is no change to current process.) The following highlights the significant provisions agreed to by the negotiating parties with budgetary impact:
· Section 7A - Cost of Living Adjustments:
Year 1 - (4)% 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 - Additional Salary Steps:
As part of the city-wide compensation study, the series of IAFF classifications were found to be under market. In order to bring these classifications to market median, two (2) five percent (5%) steps will be added to the salary range of each classification covered by this MOU effective July 1, 2022, and subject to availability of funds.
Employees will be eligible to move into these new salary steps upon their anniversary in accordance with existing City rules. The existing first two steps will be frozen and subsequently abolished after years 1 and 2 of the MOU, respectively. · Section 7AA - Firehouse Amenities: A one-time $1,000 allowance will be provided for culinary supplies each fire station.
· Section 20 - Uniform Allowance: After completion of the probationary period, City will pay the cost for each new hire to purchase a full Class A uniform.
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FISCAL IMPACT
Over the three-year period (July 1, 2022 to June 30, 2025), this Agreement is projected to increase the labor costs for IAFF represented employees as follows:
The increased cost for FY 2023 is not included in the current budget. Staff will seek approval to include the cost of these increases in the FY2022-23 mid-year budget amendment and future annual fiscal year budgets.
ATTACHMENTS
• MOU between Patterson Fire Fighters Association IAFF Local 4577 and City of Patterson, effective July 1, 2022 – June 30, 2025
• Fire Salary Schedule Effective July 1, 2022
Salary Benefits Total General Fund Other Funds Total
FIRE $ 382,019 $ 80,153 $ 462,172 $ 276,906 $ 185,266 $ 462,172 Salary & Benefits Fund Breakdown
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Attachment: FISCAL IMPACT (MOU and Salary Schedule Jul 2022 Fire) 1 Memorandum of Understanding
Between
Patterson Fire Fighters Association
IAFF Local 4577
and
City of Patterson
July 1, 2022 – June 30, 2025
Approved by City Council on May 2, 2023
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 2 Table of Contents
1. TERM OF AGREEMENT............................................................................................................ 3
2. RECOGNITION............................................................................................................................ 3
3. MANAGEMENT RIGHTS........................................................................................................... 3
4. BARGAINING UNIT DEFINED ................................................................................................ 3
5. UNION SECURITY...................................................................................................................... 4
6. EMPLOYER-EMPLOYEE RELATIONS................................................................................... 4
7. SALARY/COMPENSATION...................................................................................................... 8
8. HEALTH AND WELFARE BENEFITS ..................................................................................20
9. RETIREMENT ............................................................................................................................26
10.WORK HOURS ..........................................................................................................................28
11.HOLIDAYS AND LEAVES........................................................................................................31
12.SICK LEAVE, BEREAVEMENT LEAVE, FAMILY LEAVE .................................................36
13.FILLING VACANCIES...............................................................................................................39
14.PERFORMANCE EVALUATIONS..........................................................................................42
15.PROBATIONARY STATUS.....................................................................................................42
16. GRIEVANCE PROCEDURE/DEFINITIONS........................................................................43
17. DISCIPLINARY PROCEDURES.............................................................................................45
18.SENIORITY ................................................................................................................................49
19.LAYOFF PROCEDURE.............................................................................................................50
20. UNIFORM PROVISION...........................................................................................................51
21. TUITION REIMBURSEMENT ...............................................................................................53
22. OUTSIDE EMPLOYMENT......................................................................................................53
23. FAIR EMPLOYMENT PRACTICE .........................................................................................54
24. NON-DISCRIMINATION POLICY.........................................................................................54
25. SEVERABILITY ........................................................................................................................54
26. PAST PRACTICES....................................................................................................................54
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 3 MEMORANDUM OF UNDERSTANDING
between
THE CITY OF PATTERSON
and
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 4577 PATTERSON FIREFIGHTERS’ ASSOCIATION
1. TERM OF AGREEMENT
This Memorandum of Understanding (MOU) shall be in full force and effect for the 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 IAFF Local 4577 (hereinafter "the Union") as the exclusive representative for labor relations purposes of all regular and probationary employees in the Fire Bargaining Unit.
3. MANAGEMENT RIGHTS
The City retains the exclusive right, except as expressly stated herein, to operate and direct the affairs of the City in all of its various aspects, including, but not limited to, the right to direct the working forces; to plan, direct and control all of the operations and services of the City; to determine the methods, means, and organizations by which such operations and services are to be conducted; to assign and transfer employees, to hire, promote, demote, suspend, discipline, discharge or relieve employees due to lack of work or other legitimate reasons; to change or eliminate existing methods, equipment or facilities; and to take such other action as may be necessary to organize and operate the City in the most efficient and economical manner and in the best interest of the public it serves.
The above enumeration of management rights is not inclusive and does not exclude other management rights not specified, nor shall the exercise or non-exercise of management rights retained by the City be construed to mean that any right is waived.
The City agrees in the exercise of the management functions to comply with the provisions of this Memorandum of Understanding, and that nothing herein shall relieve the City of its obligation to meet and confer with the Association over the impacts and effects of any proposed changes not addressed within this Memorandum of Understanding
4. BARGAINING UNIT DEFINED
The Fire Bargaining Unit includes the following classifications: Firefighter, Firefighter Paramedic, Engineer, Engineer-Paramedic, Captain, Captain Paramedic and Captain/Training Officer.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 4 5. UNION SECURITY
Following receipt of notice from the International Association of Fire Fighters, Local 4577 Patterson Firefighters Association (PFA) that written authorization has been provided to the Union by members in the unit, the City shall deduct from the paychecks of employees, Union dues in the amount to be determined annually by the Union twice monthly for a maximum of twenty-four (24) deductions per year. The City shall provide a check or directly deposit said dues into a bank account designated by the Union within five (5) business days of each regular paycheck.
The Union, in consideration for and as a condition of the City withholding and transmitting payroll deductions will hold harmless the City of Patterson, its officers, and employees from any and all liability that may result from making, changing or canceling requested deductions.
Any questions regarding due or membership shall be directed to the Association.
Except by mutual agreement the City will notify the Association not less than ten (10) calendar days prior to a new employee orientation. The City will provide the Association with the opportunity to make a presentation of up to thirty (30) minutes during the new employee orientation and will provide the Association with employee information upon request. The parties agree that this complies with the Association’s rights under state law.
6. EMPLOYER-EMPLOYEE RELATIONS
A. Access to Personnel Files
Employees, or Union representatives with written permission from the employee, may inspect their individual personnel files upon request, in writing, to the Human Resources Director, at reasonable intervals during regular business hours of the City.
Reasonable requests for copies of personnel files contents will be provided without cost to the requesting party. Employees will be notified if a member of the public requests information from the employee's file.
B. Access to Work Sites
The Union Business Agent may access City work sites, following reasonable notice to the City Manager, in order to observe working conditions, post materials on bulletin boards, or meet with employees regarding matters within the scope of representation.
Such access shall not disrupt or interfere with the operations of the City. The presence of the Business Agent on a job site shall not be considered a disruption when the Business Agent has given reasonable advance notice of his/her intent to be present.
C. Adding/Deleting Classifications
The City agrees to meet and confer with the Union prior to adding or deleting any job classification from the Fire Unit.
D. Confidential/Management Designation
The City agrees to meet and confer with the Union prior to establishing any represented position as confidential or management.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 5 E. Contracting Out Work
The City agrees to meet and confer with the Union prior to contracting out any work normally performed by bargaining unit employees.
The City further agrees that work performed by employees of the bargaining unit will not be performed by non-bargaining unit employees if such work would displace a regular employee of the bargaining unit.
1. Exception: The Department recognizes the need to maintain staffing levels. In the event, all efforts to fill positions through normal means (recall procedures) have been exhausted the use of reserve firefighters may be used to maintain staffing levels.
2. Reserve firefighters may also be used to fill a position while the recall procedure is taking place.
F. Department Rules
All department guiding documents (Standard Operating Guidelines, Policies, Standard Operating Procedures, Memo’s, Memorandum of Understandings, etc.) shall be accessible to Union employees.
Pursuant to Government Code Sections 3503 and 3504, the Union shall have the right to represent its members in their employment relations with the City. The scope of the Union’s representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment.
Pursuant to Government Code Section 3500, no term or condition of employment will be changed in the future without meeting and conferring with the Union.
G. Committees
1. Labor-Management Committee
A. There shall be a Labor-Management Committee consisting of three (3) representatives of the Union and three (3) representatives of the City. The purpose of the Committee is to facilitate improved labor-management relationships by providing a forum for the free discussion of mutual concerns and problems which may include discussion of the implementation of new department programs or modifications of existing department programs that will have an impact on work schedules or duties. Professional decorum shall be maintained at all times.
B. The Committee shall meet on an as needed basis at mutually scheduled times.
C. Representatives of the Union on the Committee shall not lose pay or benefits for meetings mutually scheduled during their duty times.
D. The Committee may be supplemented by representative(s) of the City Manager if necessary.
E. The Committee may, if it deems proper, suggest recommendations to the Fire Chief and the City Manager for their consideration and determination.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 6 F. The City will provide a note taker to the Committee.
2. Sub-Committees
The City and Association agree to add a sub-committee(s) to the Labor Management Committee to address various operational issues to include any labor relations issues, station improvements as well as apparatus, PPE, and station equipment configuration ideas and purchasing needs.
The Association understands that the City has the ultimate decision.
H. Union Stickers
All Patterson Fire Department apparatus and other vehicles shall display the IAFF three-inch (3”) window decal in the right lower corner of the windshield or similar location so as to be visible but not obscure the driver’s vision field in any way. It shall be the responsibility of the Union to provide and maintain the decals in a state of good condition at all times.
At the option of each employee in the Union, they may affix a two-inch (2”) IAFF gold reflective decal to the underside of the rear brim of their fire helmet. It shall be the responsibility of the Union to provide the decals to each employee.
I. Job Stewards
The bargaining unit is authorized two job stewards, one of whom shall serve as alternate job steward, to act in the absence of the job steward. Job stewards shall be allowed to meet with an employee(s) on City time to receive and/or investigate alleged grievances or complaints. Such meetings and investigations shall be of reasonable length and not disrupt the operations of the City.
Investigations by the job steward shall not be considered a disruption if the job steward has notified and received approval from his/her immediate supervisor of his/her intent to conduct the investigation. Such approval shall not be unreasonably denied.
Job stewards shall be allowed, on City time, to represent an employee(s) before management at each step of the grievance procedure or when requested by an employee having a meeting with management which involves or could lead to his or her disciplinary action.
J. Negotiators
The bargaining unit is authorized to have two (2) on-duty negotiators participate in any given negotiation meeting with the City.
Negotiators shall be given paid time off to meet and confer with the City when meetings are scheduled during the individuals’ normal working hours.
Minimum staffing levels will be maintained in accordance with Section VII (J) Minimum Staffing.
K. 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.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 7 L. No Strike/No Lockout
The parties agree there will be no strikes and no lockouts during the term of the MOU.
M. Notice of New Hires
The City agrees to notify the Union of new hires to the bargaining unit, by name, within ten days of hire.
N. Payroll Deductions
The City agrees to use payroll deductions for Union dues, Union assessments (up to two (2) times per fiscal year), and for Union sponsored insurance premiums or retirement plans, without charge to the Union or the Union member.
The Union shall provide appropriate documentation/notification to authorize such deductions.
O. Posting Union Information
1. The Union may post information at job site bulletin boards.
2. A copy of posted information shall be approved by the Human Resources Director or designee.
3. Such postings shall not be unreasonably denied.
4. The City shall provide suitable space for bulletin boards in City fire stations.
5. The Union shall use designated bulletin board space no larger than 48” X 48”.
6. The Union shall be allowed to use such bulletin boards for communications having to do with official Union business. Posted materials shall not be obscene, defamatory, or of a partisan political nature, misleading, violative of any Federal, State, or local ordinance, law, statute, or rule. Such material shall not pertain to public issues which do not involve the City and its relations with employees.
P. 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.
Q. Provision of Information to the Union
The City agrees to provide budget-related information to the Union without charge.
R. Attendance of Union Meetings During Work Hours
Union members shall be allowed to attend Union meetings while on-duty under the following conditions:
1. The number of regular Union meetings cannot exceed twelve (12) in each calendar year.
2. The meeting duration shall not exceed two (2) hours.
3. Not more than one regular meeting can be held in any one month.
4. All meetings shall be scheduled after 1800 hours.
5. The Union shall give the Duty Chief reasonable notice of the date and time of each meeting.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 8 6. On-duty attendance at Union meetings may be denied if it would unduly interrupt the operations of the City.
7. Attendance of special meetings may be allowed at the discretion of the Fire Chief.
The City will allow the use of City facilities for Union meetings at no cost to the Union.
7. SALARY/COMPENSATION
A. Cost of Living Adjustments (COLA)
Effective July 1, 2022, all Unit employees shall receive a 4% 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 ‘C’ 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 ‘C’ 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%.
B. Equity Increases – Additional Salary Steps (Subject to Availability of Funds Provision ‘C’ Below:
Effective July 1, 2022, The City shall add 2 five percent (5%) steps to each classification covered by this MOU. Employees will be eligible to move into these new salary steps upon their anniversary in accordance with existing City rules.
Progression through new salary steps is contingent upon availability of funds annually.
Effective July 1, 2022, employees not yet at the current step-E as of June 30, 2022, shall be eligible to advance an additional salary step, during FY2022-2023, on their next anniversary date, with a favorable evaluation.
Abolishing current salary steps 1 & 2:
i. One year after implementation of the new salary steps the existing step 1 of the salary range will be frozen and no new employees will be placed in this step. Any existing
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 9 employees in step 1 will progress out of this step in accordance with existing City rules. The current step 1 will be abolished when there are no incumbent employees remaining in the step.
ii. Two years after implementation of the new salary steps the existing step 2 of the salary range will be frozen and no new employees will be placed in this step. Any existing employees in step 2 will progress out of this step in accordance with existing City rules. The current step 2 will be abolished when there are no incumbent employees remaining in the step, restoring a five (5) step salary range by the end of the MOU.
C. 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 progression through new equity steps 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 onehalf 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 step 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.
D. 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 at work following the first call.
For the purpose of calculating time worked, time normally begins when the employee arrives at the fire station or incident.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 10 E. Out-of-Class Compensation
Employees designated by the Fire Chief or designee as performing the duties of a higher class due to vacation, illness, leave, vacancy, or when dictated by the needs of the City shall receive out-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, for all hours out-of-class duties are performed.
The nature of the assignment must be that the employee in the lower classification becomes fully responsible for the duties of the position of the higher classification.
Employees selected for the assignment shall meet the minimum requirements [as referenced in Section 7 (V)] and complete the assigned task book for the higher classification. Preference shall be given to those on the appropriate promotional list.
The Fire Chief shall publish a “Primary Out-of-Class List” consisting of the most current promotional list for a given rank and a “Secondary Out-of-Class List” consisting of a list of all personnel meeting the minimum requirements in Section 7 (V), but not on the respective promotional list for that rank.
Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures.
In the event of a need for an acting position when no personnel are available from the promotional or eligibility list the Chief or designated representative shall select an employee from those on duty who the Chief determines possesses the necessary ability to perform the functions of the acting position.
No employee shall be required to work out-of-class for more than twelve (12) consecutive months.
F. Overtime
For the purpose of calculating overtime, all hours worked in excess of the employee’s regularly scheduled hours shall be compensated at the rate of one and one-half (1.5) times the employee’s regular rate of pay, including holiday pay.
For the purpose of compensating regularly scheduled FLSA overtime, the City will pay employees
6.76 hours at one-half (½) the regular rate of pay each twice monthly pay period. Regularly scheduled hours compensable as FLSA overtime are based on 192 work hours in a 24-day rolling period, with an FLSA overtime threshold of 182 hours in the 24-day rolling period for fire suppression / shift personnel. Paid leave usage shall not reduce an employee’s entitlement to this additional compensation, and these payments shall be reported to PERS as compensation earnable.
All hours in a paid status shall be counted for the purpose of calculating overtime compensation.
An employee may be required to work hours in excess of the standard FLSA pay cycle under the following conditions:
1. The department head or designee shall first determine which employee(s) are qualified to perform the work.
2. The department head or designee shall then offer the work to the qualified employee(s) in accordance with the “Filling of Overtime Positions” procedure below.
3. If an insufficient number of employees voluntarily accept the offer of work, the department head may require the employee(s) to work in accordance with the procedure below.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 11 G. Overtime Availability Forms
The overtime availability forms will be a bucket style.
1. Overtime Availability Form – Used for regular overtime filling procedure. Rank Specific Forms (Captain, Engineer, and Firefighter)
2. Mandate Availability Form - used in the mandate process, a single list.
When someone works hours in excess of their regular shift hours will be added to the appropriate bucket list.
1. Overtime Availability Form
A. Hours are added when:
i. A person accepts overtime. Once overtime is awarded and the hours are added to their bucket they will not be removed, even if the person cancels the overtime shift. The only exception is when a person cancels a vacation request in accordance with Section 11(B) where both parties agree to cancel the vacation request. ii. When a person is on overtime on strike team hours will be added to their Overtime Availability Form bucket.
B. Reasons to not add hours to a person’s bucket are as follows:
i. When a person is mandated hours will not be added to their Overtime Availability Form bucket, they will instead go into the Mandate Availability Form bucket. ii. When a person accepts emergency overtime in accordance with Section 7(H).
2. Mandate Availability Form
A. Hours are added when:
i. A person is mandated to work, the number of hours they are mandated for will be added to their bucket on the Mandate Availability Form.
The bucket style list will operate where the person with the least number of hours in their bucket will be at the top of the list and the person with the greatest number of hours will be at the bottom of the list. Personnel at the top of the list will be awarded the assignment first and the personnel at the bottom last.
If two people have the same number of hours on the Overtime Availability Form, then the person with the most in rank seniority will be higher on the list.
If two people have the same number of hours on the Mandate Availability Form, then the person with the lowest department seniority will be higher on the list. New lists will be established January 1, 2023, and at the same interval as a shift bid.
To establish the new lists:
1. Overtime Availability Forms – Used for regular overtime filling procedure. Established with in class seniority. The person at the top of the list will be the most senior person in class.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 12 2. Mandate Availability Forms – used in the mandate process.
Reverse Seniority by hire date – Least senior person at the top of the list.
Personnel returning from FMLA, workers compensation, or military leaves lasting greater than ten (10) consecutive shifts will have their hours on the Overtime Availability and Mandate Availability forms set to the average number of hours on the list.
A new hire will have their hours set to the highest number of hours on the Overtime Availability Form and to the average number of hours on the Mandate Availability Form.
H. Filling of Overtime Positions - Procedure
1. Routine Overtime
a. Take the Overtime Availability form for the position to be filled and complete the form as follows:
Check the box for the position to be filled, either Captain, Engineer, or Firefighter i. Fill Order:
a. Captain: Captain or Acting Captain
b. Engineer: Engineer, Acting Engineer, or Captain
c. Firefighter Paramedic: Firefighter Paramedic, Engineer Paramedic, or Captain Paramedic
d. Firefighter: Firefighter, Engineer, or Captain
Enter the date and time to be filled.
Check the box for the station to be filled.
Place and leave this copy in the overtime book for a minimum of 30 days.
After you fill the overtime, you are working on and change the form, make a new copy of the form, and place the new copy on the bulletin board with the current date and time listed on top.
b. When and if an automated option becomes available it shall conform to this section of the MOU. When an automated option for filling overtime is not available calling for overtime should be started by the following procedure:
Overtime callback, should be started twelve (12) days before the first shift to be filled or the day it becomes available at or close to 1600 hours, as long as doing so will not interrupt the normal workday.
At or close to 1000 hours, send a text message utilizing the Department messaging system to all personnel indicating what shifts need to be filled.
Personnel have until 1200 hours to respond via e-mail what overtime they want to work.
At or close to 1600 hours, the Captain filling the overtime will utilize the appropriate Overtime Availability forms to fill the shifts needed.
After each shift filled, complete an Overtime Availability Form. Personnel shall be notified that they were awarded overtime around 1600 hours. When all personnel in one category have been exhausted, then the other category will be used, (example: when all
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 13 Captains have been exhausted to fill a Captains position, then switch to the Engineer list; and when all the Engineers have been exhausted to fill an Engineer’s position, switch to the Firefighter list, and when all Firefighters have been exhausted to fill an Engineer position, switch to the Captain’s list; and when all Firefighters have been exhausted to fill a Firefighter position, then switch to the Engineer list, and when all Engineers have been exhausted to fill a firefighter position switch to the Captain’s list).
Eligibility shall be verified when filling overtime from out-of-class, in accordance with (C) of this Section: Eligibility for Trade Time, Overtime, and Out-Of-Class pay.
Personnel will be eligible to fill overtime except to fill a vacancy on their assigned shift.
2. Emergency Call-Back
When the need for personnel is immediate and for less than 24 hours, emergency callback may be accomplished by manual or automated text messaging and/or phone calls.
The first person of the proper rank that can be at the requested assignment within 15 minutes will be accepted and shall remain in the same position on the appropriate Overtime Availability form.
As the appropriate technology becomes available, it may be used as a substitute or an addition to pager tones.
3. Living Boundaries
The City has a priority system designed to recruit employees that live within a reasonable proximity to the City. The priority hiring tiers are as follows:
• Tier 1 Priority: Applicant lives within 45-mile air mile radius • Tier 2 Priority: Applicant lives within 90-mile air mile radius • Tier 3 Priority: Applicant outside of 90-mile air mile radius I. Maintaining Information on Overtime Availability Forms It shall be the responsibility of the employee to make sure that the phone number on the current Overtime Availability form is current.
The employee will list only one phone number on the Overtime Availability form.
J. Minimum Staffing
1. There will be a minimum staffing level of three (3) City of Patterson career firefighter personnel per station and assigned apparatus (Captain, Engineer, and Firefighter). One (1) of the three (3) City of Patterson career firefighter personnel must be a licensed Paramedic.
2. Under no circumstance shall an employee leave duty, without his/her relief being present.
3. If it is anticipated, on-duty personnel may be committed to an incident for two (2) or more hours, emergency call back shall be instituted in accordance with Section 7, (H.2) Emergency Callback. It is not necessary to wait until the personnel have actually been committed for two (2) hours. As soon as the appropriate Captain or Chief Officer reasonably anticipates a two (2) or more hour commitment, emergency callback should be started.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 14 4. In order to ensure constant staffing, the Training Captain may work “shift” overtime at his/her corresponding fifty-six (56) hour employee rate of pay.
5. The Training Captain may be used to fill “shift” overtime only after all other eligible employees have been offered the overtime and have refused.
6. The Training Captain cannot be mandated to work “shift” overtime.
K. Mandating of Personnel for Overtime
Prior to a mandate occurring for a specific date and time, all efforts will be exhausted made to hire on voluntary basis overtime for vacancies to include moving qualified personnel working on that particular date/time from their primary position into a lower or higher rank (based on qualifications) to accommodate an employee requesting to work overtime, but not qualified to work in the rank associated with the vacancy.
When the first eligible person on the Mandate Availability form will be mandated for the overtime, mandated personnel will be notified via phone call and work e-mail of the mandate.
EXCEPTION: A person on a leave included in Section 11 and 12 will not be mandated unless there is an emergency and no one else can be contacted. For the purpose of this paragraph, leave is counted from the time the person gets off duty on his/her last scheduled shift until the time he/she is scheduled to return on his/her next scheduled shift. In the case of an exception the next eligible person on the Mandate Availability form who is scheduled to work prior to the mandate will be mandated for the overtime. A person taking a Fire Service class, approved by the Fire Chief or their designee, will not be mandated on a day they are expected to be in class unless there is an emergency and no one else can be contacted.
A person mandated for overtime will not have hours added to their bucket on the Overtime Availability form.
L. Special Call-Back Assignments
The Association agrees that for special call-back assignments, the call-back procedure may not be followed.
Special call-back assignments are duties that are not done on a daily or routine basis or require an extended time to follow and bring to a close. They include the following:
Strike Team Leaders Assistant
Strike Team Leaders
Training instructors
Individuals attending training classes
Fire prevention and public education
Specialized skills
Individuals that are filling special call-back assignments are not considered part of minimum staffing. Minimum staffing standards must be met by the call-back procedure.
Individuals who work over twelve consecutive hours shall have their names moved to the bottom of the call-back list.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 15 The City agrees to fill special call-back assignments as equitably as possible, so all qualified individuals have the same opportunities.
M. Strike Team Lodging
Employees deployed on Strike Teams will receive reimbursement for lodging expense in compliance with the City Travel Policy. When possible, the Officer-In-Charge, may be provided a City credit card for lodging expenses incurred by employees on Strike Team deployments.
N. Strike Team Return – Time Off
Upon return from a Strike Team deployment of ninety-six (96) hours or more, any City of Patterson career firefighter may utilize their paid leave bank(s) to allow for proper rest, as outlined below:
1. An employee who returns from deployment prior to 1900 hours on their scheduled duty day, may utilize their paid leave bank(s) for the remainder of that day.
2. An employee who returns from deployment after 1900 hours on their scheduled duty day, may utilize their paid leave bank(s) for the remainder of that shift and if necessary, the first twelve (12) hours of the next scheduled duty day.
3. An employee who returns from deployment one day prior to their scheduled duty day prior to 1900 hours, may utilize their paid leave bank(s) for the following twelve (12) hour day shift.
4. For any time not covered by the section, an employee who returns from deployment may utilize sick leave for any portion or all of the tour following their return from deployment.
O. Salary on Promotion
Any employee receiving a promotion shall start on the first step of the salary range of the class which provides for a salary increase of at least five (5) percent, provided however, such salary shall not exceed the salary set forth in the top step of the new class.
When the promotion includes the assigned responsibility of supervision over other employees, the salary level shall be increased by assigning the promoted employee to a higher step within the salary range to allow the annual salary to be above the salary of those they supervise.
P. 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.
Q. 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.
R. Certification and Education Incentive Pay
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 16 Certificate and education incentive pay will be available as follows (not rank specific except where noted):
1. 2% - SFM Instructor III or SFM Fire Instructor I.
2. 2% - SFM Company Officer or SFM Fire Officer (*excluding Captains*) (Program series completed)
3. 2% - SFM Chief Fire Officer or SFM Chief Officer (program series completed)
4. 2% - Rescue Technician or Rescue Specialist (No partial credit):
FSTEP Trench Rescue
FSTEP Confined Space Rescue
Swiftwater Rescue Tech I
SFM Rescue Systems I
SFM Rescue Systems II
5. 2% - SFM Haz Mat Tech
6. 2% - SFM Haz Mat Spec
7. 2% - Rescue Specialist (No partial credit/Must meet the qualifications of Rescue Technician):
SFM Rope Rescue Technician
SFM Rescue Systems III
SFM Auto Extrication
SFM Rapid Intervention Crew Tactics (R.I.C.)
SFM Firefighter Survival
8. 2% - EMT Instructor (Paramedic and Fire Instructor I or Fire Instructor III requirement)
9. 1% - SFM Fire Apparatus Driver/Operator I (*Firefighters only*) (Must be on promotional or eligibility list)
10. 1% - SFM Fire Apparatus Driver/Operator Instructor
11. 1% - FSTEP Trench Rescue Instructor
12. 1% - FSTEP Confined Space Rescue Instructor
13. 1% - Swiftwater Rescue Instructor or SFM River and Flood Rescue Instructor
14. 1% - SFM Rescue Systems I Instructor
15. 1% - SFM Low Angle Rope Rescue Operational Instructor (L.A.R.R. O.)
16. 1% - SFM Rapid Intervention Crew Tactics Instructor (R.I.C.) or IAFF Fire Ground Survival Instructor
17. 1% - SFM Auto Extrication Instructor
18. 1% - SFM Haz Mat First Responder Operational Instructor (F.R.O.)
19. 2% - SFM Fire Investigator or SFM Fire Investigator II
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 17 20. 2% - SFM Fire Inspector I
21. 2% - AS/AA or AAS/AAA Degree in Fire Science discipline or related fields
22. 2% - BA/BS or BAS/BAA Degree in Fire Science discipline or related fields
23. 2% - Bilingual Pay (must successfully pass the Bilingual Test administered by Human Resources.)
All equivalent previous or future track certifications shall qualify for the education and certification incentive pays listed above.
The Maximum Education and Certification Incentive pay a represented employee shall receive is six percent (6%).
S. Training Program
It is the intent of the Patterson Fire Department to provide an opportunity for personnel to train together by allowing for one (1) training a month to occur in which off duty personnel may participate with those on-duty.
The Patterson Fire Department’s training program will consist of department wide training exercise three (3) times each year and once per shift. Off duty members are encouraged to participate and shall be compensated for time worked.
Dates and times shall be determined by the Training Division Chief. Subject matter will also be assigned by the Fire Chief/Training division, however input from line personnel is always welcome. In most cases on duty line personnel will be responsible for delivery of training unless other arrangements are made through the training division.
Every effort will be made to schedule the trainings during the daytime on weekdays.
T. Compensation for Training Time
With approval of the Fire Chief, all time for attendance at training/testing during regular work hours will be compensated as regular time worked.
Voluntary attendance at career advancement/promotional training/testing which takes place outside the normal work shift will not be compensated as overtime.
Employees who are required to attend training/testing to fulfill the requirements of their job description, or required to attend by the Fire Chief, during off-duty hours shall be compensated as time worked for the time actually in training.
Time spent travelling to and from required trainings/testing shall be compensated regardless of whether the travel hours fall during the employee’s regular work hours.
U. Instructor Training Assignment
Employees who are assigned by the Chief or his/her designee to perform Instructor Training duties while on-duty shall receive paid release time for all hours instructing, preparing, and traveling.
Minimum staffing levels shall be maintained at all times while employees are performing Instructor Training Duties.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 18 V. Minimum Requirements
The following are minimum requirements for the positions specified:
1. Firefighter:
High School diploma/GED.
Meet the minimum CSFTES requirements of State Firefighter 1.
Current EMT 1A (AED), Stanislaus County EMS Agency accreditation within sixty (60) days of appointment.
Clear and current California Class C license (Firefighter endorsement to be obtained by the end of the probationary period) to be maintained as a condition of employment.
2. Engineer:
Meet the requirements of Firefighter plus;
Completion of CSFTES Driver-Operator 1A and 1B.
Minimum two (2) years as a career Firefighter with the City of Patterson and completion of CSFM Driver/Operator 1A certificate and CSFM Driver/Operator 1B certificate.
Must obtain CA DMV Class C with firefighter endorsement within probationary period.
3. Those employees in the Fire Engineer classification as of January 1, 2008 are exempt from the Firefighter and Engineer requirements as listed above.
4. Captain:
Meet the requirements of Firefighter and Engineer plus; Completion of the CSFTES State Fire Officer series.
Minimum two (2) years as a career Engineer with the City of Patterson.
The above requirements shall be met for all personnel applying for said position, to work a shift exchange, overtime and/or working out-of-class position.
Captains hired prior to January 1, 2013, and individuals on the current promotional list, shall not be subject to a “Minimum two (2) years as a career Engineer with the City of Patterson” for the Captain requirements of Section 7 (S).
For purposes of receiving Education Incentives, all “Task Book” requirements in the new MOU will not become effective for employees in the firefighter classification until January 1, 2014.
For Captains promoted prior to January 1, 2013, Fire Officer Series class requirements and Engineer requirements in Section 7 (S) of the new MOU will not become effective until January 1, 2014.
W. Training Captain
The Training Captain position shall receive a ten percent (10%) premium base wage increase.
X. DMV
DMV license fees (excluding Class C) required for performance of duties shall be paid or reimbursed by the City.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 19 Medical examinations required for the appropriate California driver’s license shall be paid for by the City.
Y. ADVANCE LIFE SUPPORT (ALS)
Paramedic Classification Pay
So long as the City determines ALS service shall be provided, all employees certified as Paramedics through the State of California and Stanislaus County EMS Agency shall be placed in the Paramedic classification within their respective rank.
In accordance with the salary schedule herein, Firefighter Paramedic, Engineer Paramedic, and Captain Paramedic ranks shall be paid at 10% above their corresponding non-paramedic classification.
Any Paramedic employee who loses their Paramedic certification through the State and/or Stanislaus County EMS Agency shall be automatically demoted to his/her rank respective nonParamedic classification. Reinstatement of Paramedic classification in this instance will occur if the employee reinstates his/her license.
Paramedic Staffing
The City of Patterson will operate all staffed apparatus as a non-transporting ALS companies with a minimum of one (1) primary paramedic personnel assigned to the apparatus at all times. The only exception to this staffing requirement is when it is necessary for the assigned paramedic to accompany the patient to the hospital in the transporting ambulance.
It is agreed a firefighter/paramedic provides the best model for company continuity and safety.
Paramedic engineers or paramedic captains may be utilized as the primary paramedic on ALS companies.
Primary Paramedic
Staffing of ALS companies with a primary paramedic will be accomplished with due regard for the program, employees, and so long as all provisions of the MOU are complied with.
When a non-paramedic classification bargaining unit vacancy occurs, any qualified Paramedic may apply. If selected, the employee will be appointed to the new position and relieved of their obligation to remain licensed as a Paramedic, provided the City has sufficient firefighter/paramedic personnel to staff designated ALS companies.
No member of this bargaining unit will be denied a promotional opportunity as a result of being a qualified paramedic.
Maintenance of Certification
Maintenance of the Paramedic license is the responsibility of the employee. The City will, however, pay for the cost of any tuition and/or fees for training required as maintenance of certification.
The City will provide required CEU training time on-duty. Paramedic employees shall be compensated at the appropriate overtime rate for any required off duty CEU training.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 20 Any Paramedic who loses his/her license as a result of an involuntary license revocation action by a paramedic licensing authority at the Federal, State, or Local level, shall not be subject to disciplinary action solely to the loss of the Paramedic license.
Z. Longevity Pay
Longevity Pay is compensation in addition to the employee’s regular base pay.
A. Eligibility & Qualifications
An employee is eligible for a two percent (2%) longevity pay increase only if he/she has been with the City ten (10) consecutive years and maintains a satisfactory rating on their annual performance appraisals.
An employee is eligible for an additional five percent (5%) longevity pay increase if he/she has been with the City fifteen (15) consecutive years and maintains a satisfactory rating on their annual performance appraisals.
After 20 years an employee is eligible for an additional five percent (5%) longevity pay increase only if he/she has been with the city twenty (20) consecutive years and maintains a satisfactory rating on their annual performance appraisals.
The total longevity pay increase any employee can receive during their term of employment is twelve percent 12% of their base rate pay.
AA. Firehouse Amenities
Upon ratification of this MOU, the City shall provide a one-time $1,000 allowance for each station’s culinary supplies.
8. HEALTH AND WELFARE BENEFITS
A. Health Insurance
The City will continue to provide current health plans to the employees for the life of this MOU.
The City’s contribution for retired members, who have retired prior to January 1, 2018, will be $50.00 per month the first year and will increase annually by 5% of the City’s contribution for the active employees until such time as the contributions are equal. (City of Patterson Resolution #2001-100, effective December 1, 2001)
All employees in regular positions budgeted for full time shall be eligible to participate in the health plans offered by the City.
The City agrees to continue to provide contributions for retired members, in accordance with PEMHCA, as set forth in subpart D of this section, related to retiree medical.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 21 B. Cafeteria Plan
For purposes of this section, a “current employee” is any employee covered by the provisions of this MOU, employed by the City before July 1, 2017.
For purposes of this section, a “new hire” is any employee covered by the provisions of this MOU, employed by the City on or after July 1, 2017.
The City shall maintain a Section 125 compliant Cafeteria Plan to provide a vehicle for the payment of health and optional benefit premiums. The City contribution shall be as follows:
1. Enhanced Benefit - January 1, 2017 (Hired before July 1, 2017) Subscriber Only: Up to 100% of the Northern
California Area Kaiser premium
family rate.
Subscriber Plus One: Up to 100% of the Northern
California Area Kaiser premium
family rate.
Subscriber Plus Two or more: Up to 100% of the Northern California Area Kaiser premium
family rate.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 22 2. Enhanced Benefit January 1, 2018 (Hired before January 1, 2017) Subscriber Only:
Up to 100% of the Northern California
Area Kaiser premium rate by category.
Subscriber Plus One:
Up to 100% of the Northern California
Area Kaiser premium rate by category.
Subscriber Plus Two or more:
Up to 100% of the Northern California
Area Kaiser premium rate by category.
For the term of this agreement, the City contribution to the Cafeteria Plan shall be adjusted annually for the January 1 premium payment. In the event of a rate increase, the City contribution shall be increased by a dollar amount equal to 100% of the increased premium for the Northern California Area Kaiser premium, by category. In the event that an employee subscribes to a plan with a lower monthly premium than that of the above-mentioned Northern California Area Kaiser plan, the City will pay 100% of the premium for that plan.
3. Standard Benefit (Hired on or after July 1, 2017)
Subscriber Only: Up to 80% of the Northern California Area Kaiser premium rate by category.
Subscriber Plus One: Up to 80% of the Northern California Area Kaiser premium rate by category.
Subscriber Plus Two or more: Up to 80% of the Northern California Area Kaiser premium rate by category.
For the term of this agreement, the City contribution to the Cafeteria Plan shall be adjusted annually for the January 1 premium payment. In the event of a rate increase, the City contribution shall be increased by a dollar amount equal to 80% of the increased premium for the Northern California Area Kaiser premium, by category. In the event that an employee subscribes to a plan with a lower premium than that of the above-mentioned Northern California Area Kaiser plan, the city will pay a dollar amount equal to the 80% of the Northern California Area Kaiser premium, by category, toward the premium for that employee’s choice of plan.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 23 C. Medical Contributions
1. City Medical Contributions:
For qualifying regular full-time employees enrolled in a CalPERS PEMHCA medical plan, the City is obligated to pay the minimum employer contribution to qualifying employees pursuant to PERS resolution and government code section 22892. The City contribution in Section 8, subsection A & B above, include the minimum employer contribution.
The City contribution required under Section 8, subsection A above, also shall be designated for purposes of determining the minimum employer contribution with respect to retiree medical provided pursuant to PEMHCA.
2. Employee Medical Contributions:
The employee shall pay any difference between the City’s contribution to the Cafeteria Plan, if applicable, and the actual premium of medical insurance plan selected by the employee.
3. Alternative Insurance Options:
The City reserves the right to implement an alternative health plan that provides equal or better benefits. “Equal or Better Benefits” is intended to mean the combination of the following: 1) as good or better access to health care professionals, 2) as good or better insurance coverage, 3) premiums that are equal to or lower than the CalPERS Health plans and, 4) equal to or less out-of-pocket cost to the employee. The City agrees to meet and confer with the Union prior to making any changes to the health plan.
4. Medical-In-Lieu:
Employees who do not elect to take the City’s health insurance must provide proof of comparable group health coverage pursuant to PEMHCA (other than Covered California).
Employees who opt out of City provided health insurance shall receive the dollar equivalent of 80% of employee only Kaiser premium in the form of an employer contribution for that employee to the City’s Mid-America HRA account. This provision shall be retroactive to January 1, 2016.
5. No Cash Out:
Under no circumstances will an employee be eligible to take cash in lieu of benefits.
D. Retiree Medical
The City shall establish a Section 115 compliant plan for the reimbursement of retiree medical expenses subject to the following:
1. Current Retirees and Current Employees that retire prior to January 2, 2018.
This section in no way affects the rights and benefits of those who have retired or will retire prior to January 1, 2018. These retirees will maintain a dollar benefit equivalent to the dollar value of the current benefits established under the City of Patterson Resolution #2001-100, effective December 1, 2001.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 24 2. Retirees (current employees) – Ages 50-65 that retire after January 1, 2018.
Current employees, hired prior to July 1, 2017, who retire from the City of Patterson with at least ten (10) years of service with the City, between the age 50 and 65, (or Medicare eligibility age, whichever is later), and enroll in the PERS medical insurance program, will be eligible to receive the City Retirement Benefit Stipend until they reach the age of 65 (or Medicare eligibility age, whichever is later), in accordance with schedule A below.
Years of Service Percentage of Standard Retiree Benefit 10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
The Standard Retiree Benefit City contribution is as follows:
3. Standard Retiree Benefit
Subscriber Only: Up to 80% of the Northern California Area Kaiser premium rate by category.
Subscriber Plus One: Up to 80% of the Northern California Area Kaiser premium rate by category.
Subscriber Plus Two or more: Up to 80% of the Northern California Area Kaiser premium rate by category.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 25 For the term of this agreement, the City Standard Retiree Benefit contribution shall be adjusted annually for the January 1 premium payment. In the event of a rate increase, the City contribution shall be increased by a dollar amount equal to 80% of the increased premium for the Northern California Area Kaiser premium, by category.
3. Retirees over age 65 or upon Medicare eligibility (Current Employees) Retirees hired prior to July 1, 2017 that retire from the City of Patterson, irrespective of their years of service with the City, at age 65 (or upon Medicare eligibility age, whichever is later), are eligible for a stipend of up to five hundred dollars ($500.00) per month. This stipend shall not be less than the PEMHCA minimum and not greater than the premium for coverage elected on a reimbursement basis.
E. Minimum Employer Contribution
New hire employees (employees hired on or after July 1, 2017), shall be entitled to only the minimum employer contribution upon retirement, pursuant to CalPERS PEMHCA resolution.
F. Dental Insurance
The City will provide Dental coverage of $2,000.00 per person annually, with Orthodontia care, without premium cost to the employee. Preventative care costs shall be covered 100% by the City.
G. Vision Insurance
The City will provide vision insurance, VSP Plan B, without premium cost to the employee, with a $0 employee co-payment for eye examinations, and a $20.00 employee co-payment for materials.
H. Life Insurance
The City agrees to provide term life insurance for all represented personnel in the amount of $100,000.00 at no cost to the employee.
Employees shall have the option to buy additional coverage at their own expense, if available.
The City will provide $5,000 in dependent life insurance with no premium cost to the employee.
I. Voluntary Deferred Compensation
The City will continue to offer deferred compensation through Corebridge Financial (formerly Valic) and Mission Square (formerly ICMA).
J. Employee Assistance Program
The City will continue to offer an EAP in conjunction with the City’s self-insured Worker’s Compensation Program.
The City reserves the right to change carriers and program design, however in no case shall the number of visits be less than five for each covered employee.
K. HRA Contribution
The City shall contribute three percent (3%) of each employee’s monthly salary to the City’s MidAmerica HRA account for each employee. Payment shall be made in accordance with current City employee deduction practices.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 26 9. RETIREMENT
A. CalPERS Pension Definitions
New Member Employees:
1. A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California Public Retirement System.
2. A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who was a member with another California Public Retirement System prior to January 1, 2013, and is not eligible for reciprocity.
3. A member who first established CalPERS membership prior to January 1, 2013, and who is rehired (by a different CalPERS employer) after a break in service of greater than six months.
Classic Member Employees:
1. A member who was brought into CalPERS membership for the first time before January 1, 2013.
2. A member who was brought into CalPERS membership for the first time on or after January 1, 2013, and who was a member with another California Public Retirement System prior to January 1, 2013, and is eligible for reciprocity.
3. A member who first established CalPERS membership prior to January 1, 2013, and who is rehired (by a different CalPERS employer) after a break in service of less than six months.
B. New Member Retirement Benefits
New employees hired on or after January 1, 2013, upon placement in a full-time employment status shall have the PERS 2.7% @ 57 formula, as provided by the terms of the contract in effect between the City and PERS.
New Member Retirement Contributions
The employee contribution rate shall be 50 percent of the “normal cost” rounded to the nearest quarter of 1 percent, as determined by PERS.
Classic Member Retirement Benefits
Employees hired before January 1, 2013 and designated as local public safety members by the City are provided retirement benefits under the California Public Employee's Retirement System Local Safety 3% at 50 formula.
Classic Member Retirement Contributions
The employee shall pay 6% of the member contribution effective the first full pay period following July 1, 2017. Effective the first full pay period following July 1, 2018, the employee shall pay 9% of the member contribution plus an additional “cost share” pension contribution of 3%, total pension contribution shall be 12%.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 27 This cost sharing pension contribution shall initially be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f). As soon as administratively feasible the City shall implement a contract amendment. This pension contribution shall extend beyond the expiration of this MOU and is intended to satisfy the 2018 member contribution pursuant to PEPRA.
C. Disability Retirement
The City has contracted with PERS and has implemented the provisions of Section 21298:
Improved Non-Industrial Disability Allowance. There is no cost to the employee.
Survivor Benefits
The City has contracted with PERS and has implemented Sections 21380-21387: 1959 Survivor Benefits. The cost to the employee is $2.00 each month.
D. Sick Leave Conversion at Retirement
The City agrees to contract with PERS to implement Section 20965 Credit for Unused Sick Leave, whereby unused accumulated sick leave at the time of retirement is converted to additional service credit at the rate of 0.004 year of service credit for each day of unused sick leave. There is no cost to the employee.
E. State Disability Insurance
SDI is now in force for bargaining unit employees. There is no charge to the employee for the monthly payroll deduction. The employee is entitled to supplement weekly SDI benefits with accumulated leave time up to the amount of his/her regular monthly salary. The employee may also choose not to supplement SDI with accumulated leave.
F. Wellness/Fitness Program
The Patterson Fire Department and Patterson Firefighters, IAFF Local 4577 recognize the value of a healthy, well and fit workforce. The parties will develop and implement a Wellness and Fitness Program consistent with the recommendations of the IAFF/IAFC Joint Labor Management Wellness Fitness Initiative (WFI).
Participation in the program shall be mandatory by all members of the bargaining unit. The Patterson Fire Department will implement a wellness/fitness program for each fire fighter to obtain a level of wellness/fitness consistent with the duties he or she may be called to perform.
The wellness/fitness program shall be a positive program and not punitive in design; allow for age and position in the department; allow for participation on-duty utilizing facilities provided or arranged by the City; provide for rehabilitation and remedial support for those in need; and be reasonable and equitable to all participants.
To achieve such a program a Labor-Management Wellness/Fitness Committee shall be formed within ninety days of the signing of this agreement.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 28 The committee will consist of three representatives of the Patterson Fire Department, three representatives of Patterson Firefighters, IAFF Local 4577, the fire department designated physician (non-voting) and an outside medical, physiological and wellness consultant(s) (nonvoting) mutually chosen by both parties.
The Labor/Management Wellness/Fitness Committee shall be responsible for four primary areas:
1. Implementation of the WFI Program: Reviewing this Initiative and fully adapting the components to the Patterson Fire Department.
2. Statistics and Health: Developing statistics on experience with lost time and costs due to disease and injury so as to demonstrate how the implementation of the WFI program will avoid or reduce disease and injury; and be cost effective.
3. Wellness/Fitness Program: Developing program objectives; developing the program and related activities (e.g. peer fitness trainers (including certification), workshops, smoking cessation and weight control programs); preparing budget.
4. Executive and Marketing Functions: Identifying specific objections to the program, developing answers or procedures to overcome the objections, enlisting the help of critical support groups and individuals; investigating legal implications of the wellness/fitness program; establishing policies and directives.
G. Tobacco Product Use
The City of Patterson declares a hiring policy which disqualifies habitual users of tobacco products from eligibility for employment within the City of Patterson Fire Department.
Employees hired for positions in the bargaining unit after January 1, 2013 shall not be permitted to habitually use any tobacco products, consistent with this policy. Employees hired into the bargaining unit prior to December 31, 2012 may enroll in a tobacco cessation program with the Department's EAP. Completion of the program must occur within ninety (90) days from enrollment or by no later than July 1, 2013. Effective July 1, 2013, all employees shall not be permitted to habitually use any tobacco products.
Under no circumstances shall any tobacco products be used at any time inside a City building or vehicle, consistent with any restrictions established by State law, City administrative policy, and this agreement.
Failure to follow this agreement may lead to disciplinary action, up to and including dismissal.
10. WORK HOURS
A. Duty Hours
Employees shall be assigned, at the discretion of the Fire Chief and based upon City needs, to either shift or day duty.
B. Shift Personnel
Shift personnel shall report for duty, ready to work, at 7:00 a.m., and shall go off duty fortyeight (48) hours later at 7:00 a.m.
C. Day Personnel
5.5.b
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 29 Weekly Schedule
1. A day shift shall typically be an eight (8) hour day on one of the following schedules:
7:00a.m.to 4:00p.m. OR 8:00a.m. to 5:00 p.m.
2. An hour will be allotted for an unpaid lunch period.
3. The Fire Chief may, with the mutual consent of the affected employee, modify a typical day work schedule to an alternative schedule (e.g., four (4) ten-hour days per week or 9-80 schedule) if the Fire Chief determines such a change will better meet the needs of the City.
Training Captain
1. In addition to the schedule in Section 10 (c), the typical day shift for the Training Captain maybe modified one (1) weekday per week for purposes of conducting weekly evening station drills, so long as the regular workday is a minimum of eight (8) consecutive hours.
2. The Training Captain may be required to work one Saturday per month for purposes of conducting the monthly “all-hands” drill. In such instance, the employee shall “flex” off a regularly scheduled shift within the same pay period. The Fire Chief or his/her designee must approve the flexed day. Additional weekend days worked within the month shall be compensated at the appropriate overtime rate.
3. Additional modifications to the Training Captain’s schedule may be necessary and must be mutually agreed upon between the employee, the Union, and the Fire Chief.
D. Assignment of Work
1. All times while on duty, an employee is subject to assignment of work.
2. Station maintenance work, however, shall typically be performed between 0800 and 1800 hours.
3. An hour shall typically be allowed for lunch, which shall be taken as a group meal generally between 1200 and 1300, unless delayed or interrupted by an emergency, work assignment, drill, or other department business need, in which case it shall be taken at a more convenient time.
4. Furthermore, a 15-minute work break shall be allowed at a convenient time in the morning and the afternoon.
5. Hours outside of 0800-1800 are typically not subject to assignment of work except for equipment readiness, emergency work and night drills.
6. Captains shall be allowed flexibility in organizing the daily schedule including but not limited to daily duties, station chores, and “soft-time”. For instance, the Captain may allow for “soft-time” during regular daytime hours (0800 – 1800) if a night drill is scheduled for that evening.
7. The purposes of “soft-time” are to ensure personnel are not fatigued and are physically
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 30 ready to respond to emergencies.
8. All personnel shall remain in the appropriate uniform until 1900 hours, unless otherwise determined by the Captain.
9. Notwithstanding the above, the On-Duty Chief Officer shall have overall authority for station/shift activities and work assignments.
E. Non-Scheduled Shift Hours and Days
In appropriate circumstances, the City may require unit employees to render service at hours and on days other than those in the employee’s regular or normal schedule. Refer to Section 7 (D).
F. Shift (24 hour) to Day (8 hour) Changes
A shift employee, absent other considerations, shall typically be changed to days for reasons associated with either light duty or providing/receiving training.
Such changes shall be for a limited time and, when reasonably possible, preceded by advance notice to the employee.
A change for training purposes shall be for not less than one (1) week.
G. Shift Duty Schedule
The work schedule for shift personnel shall consist of two (2) twenty-four (24) hour on-duty shifts within six- (6) day cycle to be worked in accordance with the following chart:
X = 24 hour on-duty period
O = 24 hour off-duty period
XXOOOOXXOOOOXXOOOOXXOOOO
1. The Fair Labor Standards Act (FLSA) cycle shall be a twenty-four (24) day cycle and shall consist of eight (8) twenty-four (24) hour periods.
2. Unit members shall be eligible for overtime in accordance with FLSA standards. At the present time, for employees on a twenty-four (24) day work cycle, the threshold is one hundred ninety-two (192) hours worked in a work cycle.
3. Personnel will be required to arrive at scheduled meetings, work details, and other events ontime, with appropriate equipment, and in appropriate uniform.
H. Trade Time
Employees, with approval of the Fire Chief or his/her designee, may exchange shifts when the change does not interfere with the operation of the Fire Department. Shift trades shall be rank for rank or those employees on the appropriate promotional or eligibility list.
Shift trades and/or paybacks shall not place any financial burden on the City. Employees, and not the City, shall be responsible for record keeping and payback of shifts.
5.5.b
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 31 The City shall not be liable for the failure of any employee to pay back another employee for a shift trade.
The Company Officer and the command staff shall be notified of all trade time through the Fire Department electronic calendar.
I. Automated Tracking
Asthe appropriate technology becomes available, the City will meet and confer with the Union on related issues.
11. HOLIDAYS AND LEAVES
A. Holidays
56-Hour Schedule
1. Personnel assigned to a 56-hour schedule shall be provided with 133.5 hours of holiday pay per year.
2. Holiday pay shall be compensated by paying each employee 5.56 hours per semi-monthly pay period.
Non-Shift Schedule
The following days shall be paid holidays for all employees working 40-hour non-shift assignments:
New Year's Day
Martin Luther King Day
Presidents Day
Memorial Day (Last Monday in May)
July 4th (Independence Day)
Labor Day (First Monday in September)
Veteran’s Day (November 11th)
Thanksgiving Day (Fourth Thursday in November)
The day following (Thanksgiving Day)
Christmas Eve
Christmas Day
New Year’s Eve (December 31st) (½ Day)
Whenever a holiday falls on a Sunday not scheduled as a regular workday, the following Monday shall be observed as the holiday.
Whenever a holiday falls on a Saturday not scheduled as a regular workday, the preceding Friday shall be observed as the holiday.
5.5.b
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 32 An employee must have been in paid status, receiving SDI or Worker's Compensation for the entire amount of regularly scheduled hours of the days immediately prior to and following a city holiday in order to be paid holiday pay.
B. Vacation
Vacation accrual
1. Vacation benefits begin to accrue from date of hire and are accrued based on the number of months of full-time City service, computed to the nearest month, in accordance with the following schedule:
Length of Service Monthly accrual in hours
1-60 months 13.14
61-96 months 15.94
97-132 months 16.92
133 – 168 months 17.82
169 months on 20.62
2. Maximum Accrual
Employees may accrue up to a maximum of 471.22 hours at any one time during the calendar year. When an employee has accumulated 471.22 hours, vacation accrual will stop until his/her balance falls below 471.22 hours.
It shall be the responsibility of the employee and the department head to assure that employees utilize credited vacation leave within the limitations set forth herein.
Employees may only accrue more than 471.22 hours of vacation if the employee and the manager have made a good faith effort to take/allow time to avoid reaching the accrual maximum.
3. Vacation Usage and Approval
The City of Patterson Vacation Card system specifies the number of personnel allowed off on vacation leave during a 24-hour period shall be a maximum of 2 persons for 24 hours or 2 persons for 12 hours each with non-overlapping time periods (0700-1900 hours and 1900-0700 hours). The following format shall be used for allocating Vacation Cards and is applicable only for those ranks represented by the L4577 bargaining unit. 1 – 26 employees: 2 Vacation Card
27 - 60 employees: 3 Vacation Cards
Employees shall be responsible for ensuring that they maintain a healthy balance of vacation leave so as not to exhaust their balance to a negative level or under-utilize their accrued benefit to the point where they reach the maximum capacity and stop accruing vacation. Additionally, employees are encouraged to use the cash-out option as outlined in Section 11.B.5 (Vacation Cash Out) as a method to avoid reaching their maximum capacity of accrued vacation leave.
5.5.b
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 33 Local 4577 Vacation Bidding Procedure (To be initially implemented within 30 days of MOU approval)
1. The shift Captains assigned to station 52 shall be responsible for the annual vacation scheduling for their respective shift.
2. The shift & station Captain will pick a date during the first week of December for vacation scheduling. Captains will:
a. Attempt a date that no one is scheduled off (if possible) b. Advise management of this date so that an effort can be made to keep the date open for the vacation scheduling process.
c. Place the event on the Fire Department calendar.
d. Inform each member of the shift via department email and text message at least two weeks prior to the event.
e. Advise personnel that if they are not present the day vacations are selected that they will need to provide a list of picks prior to the scheduling date or provide a telephone number where they can be immediately reached.
f. Inform personnel that if they have not provided their picks or if they are not ready to choose by the scheduled date, they will be skipped and the next person in seniority will pick.
3. Vacation scheduling process
a. Scheduling should begin early enough in the morning to afford adequate time for the process to be completed.
b. The order of picks will be based on seniority of years in service. Each person may, at the time of their pick, choose one (1) vacation consisting of as many consecutive shifts off as they have leave time available. c. Each person can only schedule as much vacation leave as they have accumulated in their Vacation leave banks and/or will accrue prior to taking the time off.
4. After the last person on the shift has picked, the rotation of picking will continue and go back to the top of the seniority list again for a second vacation. This
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 34 process will continue until all desired picks have been made.
5. At any time during the selection process a person may stop choosing if they so desire. In that case the person will be skipped from that point on and the next person on the seniority list will pick next. The selection process will continue until all personnel have stopped selecting.
6. The maximum number of personnel allowed off on Vacation Leave on any given day shall be in accordance with the Vacation Card provision of the MOU. a. At no time shall a person be allowed to drop below zero hours (into a negative status) of their vacation leave accruals.
7. The person scheduling vacations shall formulate a system of documentation that works best for them to ensure that the criteria for selecting vacation dates is accurately followed. This documentation shall be given to the shift Division Chief at the conclusion of the bid cycle.
8. It shall be the responsibility of each employee to submit Time-Off Requests to their assigned Division Chief within 1 week after the vacation bidding procedure is completed.
a. If vacation forms have not been received by the Division Chief for the selected dates after 1 week, those selected dates shall be forfeited and be available on a first-come, first-served basis.
b. Upon receiving and verifying vacation requests, the Division Chief shall follow the Leave scheduling policy and procedure to populate the calendar and ensure appropriate staffing.
9. After all personnel have completed their bidding and the scheduling is completed, any person wishing to schedule other available time off may do so by following the normal Leave request Policy and Procedure.
After annual vacation leave is selected in December, approval of other leave time off is at the discretion of the Fire Chief or designee pending maintenance of service levels, mandates, and activity potential. Excluding staff assignments (i.e. training captain etc.), effective 30 days following MOU approval by City Council, a maximum of two personnel will be allowed off on leave on any given day, until staffing level reaches 27 at which point three personnel will be allowed off on any given day. Vacation requests must be submitted before 0900 twelve (12) days in advance in order to trigger a mandate, unless approved by the Division Chief.
To be eligible for an “exception” to a mandate outlined in Section 7(K) personnel must have at least twelve (12) hours of scheduled vacation.
5.5.b
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 35 Once a vacation isfilled with overtime, the employee who scheduled the time off will be unable to cancel that time off, unless both parties agree to cancel the vacation request and overtime.
The person scheduled to work the overtime will have the appropriate number of hours deducted from their bucket on the Overtime Availability Form.
If an employee returns to work earlier than scheduled and the person working the overtime agrees to terminate their overtime, time will only be charged that is used. The employee working will be paid for the time worked. If the person working the overtime shift chooses not to terminate it after being requested to do so, then the employee on leave will be required to remain on leave.
If an employee has accepted overtime and needs to cancel it, an attempt will be made to rehire.
If the rehire is successful, the employee will not be required to work the overtime. If the rehire is unsuccessful the employee attempting to cancel must work the overtime unless cancelling for reasons jury duty, administrative leave, bereavement leave, and workers compensation or military leave.
An employee canceling an overtime shift will still have hours added to their bucket on the Overtime Availability form and will have the equivalent amount of time subtracted from the Mandate Bucket form.
Employees may be approved for vacation requests in amounts less than one working day.
Written requests for time off shall be answered in writing, with a stated reason for any vacation request, which is denied.
Requests for time off will not be unreasonably denied.
4. Vacation Cash Out on Termination
Any employee who terminates service with the City shall be entitled to cash payment for all accumulated vacation hours. Such payment shall be based on the employee's hourly wage at the time of termination. The hourly wage shall be determined by multiplying the employee's monthly salary by 12 and dividing the result by 2912.
Termination resulting from the death of an employee shall cause the vacation cash out to be paid to the estate of the employee.
5. Vacation Cash Out
Employees have the option to elect cash in lieu of accrual for up to one hundred and Twenty (120) hours of vacation leave twice every twelve (12) months provided all of the following criteria are met:
• An employee must have maintained a minimum balance of one hundred sixty (160) hours of accrued vacation for the previous twelve (12) month period. • An employee must have used at least forty (40) hours of vacation for actual time off from work in the previous twelve (12) month period.
• An irrevocable election form for distributions in a given year must be received by payroll no later than December 31st of prior year.
• Vacation Cash Out requests shall be provided to payroll between November 1st and November 15th and will be paid out last pay period of November, or between June 1 st and June 15th, and will be paid out the last pay period of June by separate payroll document whether traditional paper check or electronic direct deposit. Employees
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 36 may request a cash out of vacation on an alternative date, subject to approval of the City Manager, so long as vacation cash out does not exceed twice per fiscal year. • Vacation conversion requests shall not be unreasonably denied.
12. SICK LEAVE, BEREAVEMENT LEAVE, FAMILY LEAVE
A. Sick Leave
1. Sick Leave Defined
Sick leave shall be allowed and used only in case of actual personal sickness or disability, medical or dental treatment, or in case of an emergency illness in the immediate family.
Immediate family shall mean the spouse, parent, child, brother, sister, or other close relative residing in the household of the employee.
Sick Leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. If the employee's sick leave is depleted, vacation, comp time and floating holidays shall be allowed, upon request of the employee in writing pursuant to City Merit System Rules and Regulations Section 804.
Sick leave will not be granted for illness during any leave of absence other than sick leave, with one exception: an illness or injury occurring while on vacation leave may be covered by sick leave when such illness or injury causes the employee to be hospitalized, or when a physician has certified the employee's physical disability or illness.
2. Accrual/Eligibility
A regular or probationary employee shall accrue sick leave at the rate of 11.2 hours per month, following completion of one month of service with the City, provided that the employee was in paid status for not less than 50 percent of the month.
There is no maximum accrual amount for sick leave.
To receive compensation while absent on sick leave the employee shall notify his/her supervisor at the beginning of the workday he/she is absent. The employee may be required by the department head, at the time he/she calls in sick, to provide a physician’s certificate.
Department heads shall only require a physician's certificate if abuse of sick leave is reasonably suspected.
An employee may be required to provide a physician’s or licensed practitioner’s verification of sick leave when:
a. The employee has a demonstrable pattern of sick leave abuse; examples include but are not limited to:
i. Calling in sick in conjunction with regular days off or holidays; or ii. Calling in sick on days previously denied for vacation leave b. The supervisor has good reason to believe the absence was for an unauthorized reason.
A supervisor has good reason if a prudent person would also believe the absence was for an unauthorized reason. If the department head or designee does not consider the verification adequate, the request for sick leave may be disapproved.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 37 However, when a forty (40) hour employee is absent due to illness or injury in excess of three (3) consecutive workdays or longer, a physician's certificate or a personal affidavit shall be required.
When a fifty-six (56) hour employee is absent due to illness or injury in excess of two (2) consecutive work days or longer, a physician's certificate or a personal affidavit shall be required.
Accumulated Sick Leave on Retirement:
a. Accumulated sick leave may be used for the purpose of computing an employee’s PERS retirement.
b. At retirement, unused accumulated sick leave is converted to additional service credit at the rate specified by the prevailing PERS contract. There is no cost to the employee.
B. Bereavement Leave
An employee on a forty (40) hour work schedule may be granted up to three (3) days bereavement leave and an employee on a fifty-six (56) hour work schedule may be granted up to two (2) twentyfour (24) hour shifts for bereavement leave by the department head in the event of a death in the employee's family.
For the purpose of this section only, the employee's family shall mean spouse, parent, child, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandparent, or a close relative residing in the household of the employee.
Requests for bereavement leave in excess of three (3) days or two (2) twenty-four (24) hour shifts shall be subject to approval of the City Manager and will be charged to accumulated leave.
C. Family Leave
Each regular full-time employee having completed a minimum of one year of continuous employment to the City may request a family care “leave of absence” as provided for in the California Family Rights Act of 1991 and the Federal Family and Medical Act of 1993.
Family is defined as an employee’s child (biological, adopted, foster, stepchild or legal ward under the age of eighteen), or legal spouse as defined in Civil Code section 4100.
A serious health condition is defined as an illness, injury, impairment or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either one of the following:
1. In-patient care in a hospital, hospice, or residential care facility; or
2. Continuing treatment or continuing supervision by a health care provider The request may be granted but will not exceed twelve (12) workweeks in a twelve (12) month period. The twelve-month period will commence on the first day the leave begins. The leave will be an unpaid leave.
Medical benefits, dental benefits, life insurance benefits and retirement benefits will continue.
Other benefits, such as vacation time, sick leave time, etc. will not accrue during the period of leave.
The following provisions will apply to fire personnel in addition to that required by the FMLA.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 38 1. The City will allow the utilization of paid or unpaid time during the leave and this shall be the choice of the employee, with the exception that employees shall be required to first use all sick leave accrued that is in excess of 112 hours.
2. Seniority for all purposes will continue during the FMLA leave, up to a maximum of fortyfive (45) days for unpaid leave. The maximum shall be sixty (60) days if the leave is taken in combination with paid time.
3. In addition to immediate family, grandparents, grandchildren, and parents-in-law, are covered as reasons for requesting FMLA leave.
D. Other Leaves
1. Leave of Absence Without Pay
Leave of absence without pay may be granted by the Human Resources Director upon recommendation of the department head.
No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. All requests shall be evaluated on the basis of personal need, duration, and work requirements.
Any leave of absence without pay lasting more than fourteen (14) calendar days shall preclude an employee from accruing leave time and other benefits after day fourteen (14), except as outlined in the Family Leave policy.
2. Military Leave
Military leave shall be granted in accordance with the provisions of state and federal law. All employees applying for military leave shall give the department head, within the limits of military regulations, an opportunity to determine when such leave shall be taken.
Employees may use compensatory time and vacation time for mandatory drills scheduled during the employee’s normal shift or work hours.
3. Jury Duty Leave and Court Appearances
Regular and probationary employees who are summoned to serve on jury duty shall be entitled to a leave of absence with pay while serving provided the fees, except mileage or substance, are remitted to the City.
Employees who are required to appear and testify in court shall suffer no loss of pay for such appearances if such appearance relates to matters arising out of their official duty as employees of the City.
All employees shall be entitled to leave of absence for a reasonable time necessary to appear as a witness in court, other than as a litigant, pursuant to a lawful subpoena, to serve on a jury, or to respond to an official order from a governmental jurisdiction for reasons not brought about through the connivance or misconduct of the employee.
Any employee whose name shall be selected from a list of jurors to serve as a juror in a civil or criminal action pending in a State or Federal court convening in the State of California, shall be entitled to a leave of absence for all his/her regularly scheduled shifts during the court days of such service; provided, however, that the employee shall report to work if released from jury service prior to 1700 hours and does not have to report to jury service the following day.
5.5.b
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 39 Such leave of absence shall be granted with pay up to the amount of the difference between the employee’s regular earnings in the amount he/she receives for jury or witness fees with the exception of any mileage allowance, which shall be retained by the employee. Such leaves of absence shall not be charged against the employees sick or vacation leave.
13. FILLING VACANCIES
A. Job Announcements
All job announcements, job vacancies and recruitments shall be posted on a bulletin board and shall specify at least the major job responsibilities and desirable qualifications, and the selection process options of the City.
Job announcements shall be posted on appropriate bulletin boards in City facilities at least ten (10) working days prior to the final filing date, which date shall be printed on the job announcement.
Recruitment methods shall be utilized as necessary to ensure that segments of the labor market available to the City are utilized.
Current Fire Bargaining Unit members shall be awarded five (5) additional preference points added to the initial test score for recruitments that include non-bargaining unit candidates.
B. Examinations
The selection of techniques used in the examination process shall be impartial, of a practical nature and shall relate to those subjects, which are related to the duties and responsibilities of the position.
The examination may consist of evaluation of personality and background through written tests, oral interviews, performance tests, medical examinations and other job-related tests or combination thereof. The methodology of examination shall be included in the job announcement.
Examinations may be open or promotional at the discretion of the Human Resources Director who shall consider the recommendation of the department head.
Employees may take part in the examination process on City time.
C. Notification of Results and Appeal Rights
Applicants who meet the requirements for admission to the eligibility list must be notified that they have achieved minimum rank. In addition, each non-selected applicant must be given notice of non-selection, including general reasons, requirements for admission to eligibility and appeal rights available.
Employees shall have five working days to appeal his/her non-selection to the City Manager. The City agrees to make no appointment from the eligible list until the City Manager has made a decision on the appeal.
The City will take reasonable steps for notification of applicants, including mailing such notice to the last known address. Each candidate in an examination shall be given notice of the results within a reasonable amount of time.
An applicant may review the materials related to testing, including answer sheets and test copies, except in cases where tests are of a stock or form nature and when contracts prohibit such reviews.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 40 D. Eligibility List
An eligibility list shall be established following the examinations to determine the names of applicants who have achieved minimum rank. Such applicants shall be deemed as qualified for appointments pending further review by the appointing authority and other qualifying procedures, including reference checks, medical examinations, and background investigations.
Eligibility lists shall be valid and in effect for a period of six (6) months up to a maximum of one (1) year, at the discretion of the Human Resources Director. Eligibility lists shall be certified by the Human Resources Director.
If a department head does not feel an appointment from the list would be in the best interest of the City, the department head may request the abolishment of the list and establishment of a new list.
Eligibility lists may be merged in a continuous or separate recruitment.
Names may be dropped from the list if unable to be located, if a request is made by the person on the list to be dropped, or, in the case of a promotional list, if the employee resigns from City employment.
E. Re-Employment
With the approval of the appointing authority and the Human Resources Director, a regular or probationary employee who has completed at least six months of probationary service, and who has resigned with a good record and in good standing, may be reinstated to the former position, if vacant, or to a vacant position in the same or a comparable class within one year from the date of resignation.
No credit for former employment shall be granted in computing salary, vacation, sick leave, or other benefits, including seniority, without the specific recommendation of the appointing authority and the approval of the Human Resources Director.
Retirement benefits shall be subject to applicable PERS regulations.
F. Transfers
1. Employee Requested Transfers
New employees who have completed their probationary status in their current position may apply for a transfer. All other employees who have worked a minimum of six (6) months in their current position may apply for a transfer.
A request may be submitted only when a vacancy exists.
Vacancies shall be posted as a "Job Announcement" and shall state that transfer requests will be accepted, along with written filing deadlines and a ten (10) working day minimum posting requirement.
The employee's request for transfer will be considered on the basis of the employee's qualifications for the vacant position, the employee's best interest, and the best interest of the City.
2. Employer Initiated Transfers
The City reserves the right to transfer its employees from one position to another or one department to another, if the transfer is necessary for the purpose of economy or efficiency.
5.5.b
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 41 The City agrees to meet and confer with the Union prior to making a decision to initiate a transfer. The City further agrees to notify the employee at least ten (10) calendar days in advance of the effective date of the transfer.
3. Conditions for Transfer
An employee who does not possess the minimum qualifications for an open position shall not be transferred to that position.
A qualified employee may be transferred, provided the transfer has been approved by the employee's supervisor, the gaining supervisor and the Human Resources Director.
G. Personnel Assignments
A “Bid System” shall be utilized to assist with personnel assignments to platoon, station and apparatus. The department seniority system shall be used unless mutually agreed upon by the Union and the City.
The Fire Chief will select the personnel for Training Officer and any other specialized positions mutually agreed upon prior to the bidding process. The Fire Chief may solicit personnel for special positions.
The bidding process shall be carried out in the following order:
Captains
Engineers
Firefighters
Bids for station and apparatus shall be for two (2) year terms. Platoon assignments that result from the bid process shall remain in effect for seven (7) years. A bid process shall take place effective immediately upon approval of MOU.
The Union agrees that all bids will be at no cost to the City.
Mutual trades shall be allowed when two parties agree to change platoons with approval from the Fire Chief.
Probationary employees shall be assigned by the Fire Chief. Probationary employees may be rotated through stations/shifts at the discretion of the Division Chief of Training and/or their assigned shift Division Chief.
All mid-term bids for vacancies are subject to the Fire Chiefs approval.
1. When the department is notified of a pending vacancy, all personnel shall be notified of the vacancy via text message and posting at each station.
2. This notification will take place during the shift that follows the shift in which the vacancy occurs.
3. This notification will occur at, or about, 0900 hours when feasible.
4. All those interested in the vacant position shall notify the Operations Chief, in writing within ninety-six (96) hours of the vacancy’s posting.
5. The bidding priority shall be by seniority within the classification being bid on.
5.5.b
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 42 The Bid System shall be dynamic. Any bid system procedural changes shall be mutually agreed to by the Union and City.
14. PERFORMANCE EVALUATIONS
The intent of the performance evaluation is to inform the employee of the rater's opinion of the job done by the employee. The evaluation and PAF shall be completed (initial evaluation, PAF, employee comments, possible revisions) no later than fourteen (14) days after the employee's anniversary date and shall not cover more than one year. Anniversary date for evaluation purposes shall be determined by date of hire or date of promotion to existing position.
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, in accordance with the Firefighter Bill of Rights. It is understood that performance deficiencies will be addressed timely with the intent of correcting said deficiencies.
15. PROBATIONARY STATUS
The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing an employee's work for securing the most effective adjustment of a new employee to his/her position and for rejecting any probationary employee whose performance does not meet the acceptable standards of work.
A. Original Appointments
1. Original appointments to a position within the classified service shall be subject to a probationary period of no less than one (1) year
2. The probationary period may be extended with the approval of the City Manager for a period not to exceed an additional six (6) months.
3. Failure to notify an employee in writing within one (1) year of his/her initial hire date regarding the employee’s permanent status or rejection/extension of probation will automatically result in the granting of permanent status.
B. Promotional Appointments
1. Promotional appointments shall be subject to a probationary period of twelve (12) months and may be extended by the department head for not more than three (3) months with the approval of the City Manager.
2. Failure to notify an employee in writing within twelve (12) months of appointment of rejection/extension of probation will automatically result in the employee receiving permanent status in the new position.
C. Return Rights
Promoted employees have the right to return to their former position at any time during the first month following appointment to the position.
D. Probation Extension for Absences
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 43 In the event of illness or injury requiring absence from work, the number of days absent in excess of ten (10) days shall be added to the length of the probationary period for both original and promotional probation.
E. Rejection of Probation
1. An employee may be rejected at any time during the probationary period by the City Manager without cause and without the right to appeal or to submit a grievance.
2. An employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which the employee was promoted or to a comparable position, at no less than the rate of pay received prior to the promotion, unless charges are filed and he/she is discharged in the manner provided in Chapter 11 of the Personnel Policies.
F. Probation Employee Reviews
1. All probationary employees shall receive a collective written performance evaluation from all Appropriate officer rank.
16. GRIEVANCE PROCEDURE/DEFINITIONS
A. Grievance
A grievance shall be a written notice, filed in a timely manner, by an employee on his/her own behalf, or by the Union on behalf of one or more employees, contending that the City has violated or misapplied a term or condition of employment expressed in State law, Federal law, Memorandum of Understanding or expressed and/or written in the Personnel Rules and Regulations of the City.
B. Complaint
A complaint is defined as an employee allegation of a violation, which is not defined as a grievance or not subject to the harassment procedure.
Complaints shall be handled the same as grievances except that there is no appeal beyond the department level.
C. Representation
At each step of the grievance procedure, the employee(s) may be represented by a representative of his/her choosing.
D. Time Frames
The time frames established in the grievance procedure may be extended by mutual agreement of the employee or his/her representative and the City.
A grievance shall be barred and not considered if based upon a condition or event which occurred or existed more than fifteen (15) calendar days prior to the date on which the grievance occurs.
E. Notification
A grievance at step 2 in section F of this article shall be submitted in writing and shall include at a minimum:
Nature of the grievance
Date when the incident occurred
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 44 Description of the incident
Rule violated
F. Steps in the Grievance Procedure - If the supervisory position is vacant the corresponding step may be bypassed.
1. First Step-Informal Discussion
Employees are encouraged to discuss and resolve allegations of a grievance with their immediate supervisor within fifteen (15) calendar days of the occurrence causing the alleged grievance.
The immediate supervisor shall inform the employee verbally of his/her decision within five (5) working days of the initial discussion.
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 seven (7) calendar days of the immediate supervisor's response in the first step.
An attempt shall be made to resolve the grievance between the employee and his/her designated representative, if any, and the immediate supervisor.
The supervisor shall deliver a written answer within seven (7) calendar days of submission of the written grievance.
3. Third Step-Intermediate Supervisor (Division Chief of Operations) If the grievance is not satisfactorily resolved in the second step, the grievance may be submitted to the immediate supervisor's supervisor, if any within the department's organization, within seven (7) calendar days after the immediate supervisor's answer is received by the employee.
After an attempt to resolve the grievance between the employee and his/her designated representative, if any, and the intermediate supervisor, if any, the intermediate supervisor shall deliver a written answer within seven (7) calendar days after submission of the grievance.
If there is no intermediate supervisor, the grievance shall go directly to the department head.
4. Fourth Step-Department Head (Fire Chief)
If the grievance is not satisfactorily resolved in the second or third step, it may be submitted in writing to the employee's department head within seven (7) calendar days after the immediate or intermediate supervisor's answer is received by the employee.
The department head shall meet with the employee and his/her designated representative, if any, within fifteen (15) calendar days after submission of the grievance to the department head.
The department head shall review the grievance and may affirm, reverse or modify the disposition made at the second and/or third step.
The department head's answer shall be delivered in writing to the employee within seven (7) calendar days after the aforementioned meeting.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 45 5. Fifth Step-City Manager
If the grievance is not satisfactorily resolved in the fourth step, the employee may appeal the decision of the department head to the City Manager.
The appeal must be in writing and submitted within ten (10) calendar days of receiving the department head's decision.
At the option of the employee, the grievance may be submitted directly to the City Manager or to an impartial arbitrator who shall render an advisory opinion the City Manager.
The employee's written appeal shall specify which option is to be utilized. a. Appeal to City Manager
Within fifteen (15) calendar days of submission of the grievance to the City Manager, the City Manager shall meet with the employee and his/her designated representative, if any, and other appropriate persons to assess the grievance.
The City Manager may affirm, reverse or modify the disposition of the grievance.
The City Manager shall deliver a written decision to the employee within seven (7) calendar days after the aforementioned meeting.
This decision shall be final and binding on all parties. b. Appeal to Impartial Arbitrator for Advisory Opinion
If an employee elects to use an impartial arbitrator, the arbitrator shall be selected jointly by the employee and his/her designated representative, if any, and the City.
The arbitrator shall hold a hearing on the merits of the grievance and shall consider evidence from all parties concerned.
The arbitrator shall submit a written advisory opinion to the City Manager.
Upon receipt of advisory opinion, the City Manager shall proceed as stated in "Appeal to City Manager" above, for a final and binding decision.
The cost of the arbitrator shall be borne equally by the employee and the City.
17. DISCIPLINARY PROCEDURES
A. Application
The appointing authority shall apply necessary and appropriate disciplinary action whenever an employee fails to meet the required standards of conduct or performance.
Discipline is the enforcement of conformity to policies, rules and regulations and other administrative or legal requirements or practices designed to maintain a standard of cooperation and conduct necessary to carry out the service mission of the City organization successfully.
The disciplinary action, when taken, shall be documented in such a manner as to be defendable at review and/or upon filing of a grievance or appeal by the disciplined employee.
The concept of progressive discipline shall govern the imposition of discipline.
No employee shall be disciplined or discharged without just cause.
B. Types of Actions
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 46 1. Verbal Counseling
In the event that the appointing authority determines that a deficiency in performance or conduct is not of sufficient magnitude to warrant a more formal disciplinary action, an oral counseling may be given to the employee, which should include examples of corrective actions which should be taken to improve performance or conduct in question.
A confidential, written record shall be made of such conferences with a copy provided to the employee.
This written record may not be used against an employee to determine the severity of future discipline.
An employee may request the Fire Chief to remove and permanently destroy the written record from his/her personal file after the written record has been in the file for two (2) years.
2. Disciplinary actions include written reprimands, suspensions, demotions, and dismissal as defined below:
a. Written Reprimands
A written statement from the appointing authority to a subordinate of an action, which meets any of the grounds for disciplinary action listed in these rules.
After verbal consultation, an official notification in writing by the appointing authority to the employee stating the cause(s) for dissatisfaction with his/her services and that further disciplinary measures may be taken if the cause is not corrected.
Said written record may not be used against an employee to determine the severity of future discipline if no further written reprimands are received within two (2) years of the initial written reprimand.
An employee may request the Fire Chief to remove and permanently destroy the written reprimand from his/her personnel file after the written reprimand has been in the file for two (2) years.
b. Suspension
The temporary separation of the employee from City service without pay, for disciplinary purposes and not to exceed thirty (30) calendar days in any one calendar year. c. Demotion
A change in employment status resulting in a lower rate of pay.
A demotion may involve movement from one salary step to a lower step or from a position in one class to a position in a lower paid class. d. Dismissal
The discharge of an employee from City service for disciplinary purposes by the appointing authority.
C. Causes for Disciplinary Action
The causes for disciplinary action include, but are not limited to, the following:
1. Insubordination, which shall consist of violation of any official regulation or order or failure to obey any proper directions made and given by a supervisor in the course of employment.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 47 2. Incompetency, inability or failure to perform the duties required by the position, as well as willful neglect of official duty.
3. Gross carelessness in the discharge of assigned duties.
4. Substance abuse or consumption of alcoholic beverages during working hours or reporting to work in a state of intoxication.
5. Misconduct in office or employment.
6. Presentation or use of known false information in any manner to commit or attempt to commit fraud, or the falsification or unauthorized alteration of City documents or records.
7. Repeated tardiness, excessive absences, absence without leave, or the improper or unauthorized use of leave privileges or benefits.
8. Gambling for money or articles of value during the working day.
9. Careless, negligent, improper and unauthorized use of City equipment, property, or funds for private or personal purposes.
10. Unauthorized discussion or release of confidential informational documents or records.
11. Violation of the Personnel Ordinance or rules and regulations or a promulgated department rule, regulation or policy.
12. Unlawful use, sale, or possession of narcotics or habit-forming drugs, which impair job performance, except as prescribed by a licensed physician.
13. Refusal or failure to promptly or properly report an injury or disability arising from or in the course of employment.
14. Engaging in unauthorized or incompatible employment elsewhere or engaging in political activities during working hours.
15. Dishonesty.
16. Conviction of a felony or conviction of a misdemeanor involving moral turpitude.
17. Immorality.
18. Discourteous treatment of the public or other employees.
19. Repeated violation of safety procedures
20. Other failure of good behavior either during or outside of duty hours which is of such a nature that causes discredit to the City.
21. Refusal to take or subscribe to any oath or affirmation, which is required by law in connection with employment.
D. Disciplinary Procedures
The City shall abide by the Firefighter Bill of Rights (FBOR) when administering discipline.
When a permanent employee is to be suspended, demoted, or dismissed a written notice of the proposed action is to be prepared by the appointing authority, reviewed by the Human Resources Director, 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:
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 48 1. The reasons for the proposed action.
2. The charges being considered.
3. The proposed disciplinary action to be taken.
4. A statement advising that before the proposed disciplinary action takes effect the employee may request, in writing, to meet with the department head to respond to the proposed disciplinary action. The employee shall have seven (7) calendar days from the date the proposed disciplinary action is received to request this meeting.
All charges filed against a permanent employee shall be documented in clear and concise language.
The employee shall be given an opportunity to review the documents or materials upon which the proposed disciplinary action is based, and if practicable, the employee shall be supplied a copy of the documents.
The employee is entitled to be represented at any meeting concerned with potential disciplinary action when the employee's presence is required at said meeting.
E. Notification of Decision
Within fifteen (15) calendar days after the employee has had the opportunity to respond, the appointing authority shall notify the employee of any disciplinary action to be taken and the effective date.
F. Appeal of Decision
The employee may appeal the decision within seven (7) calendar days of receiving the notification of disciplinary action.
The appeal may be made directly to the City Manager or an impartial arbitrator may be utilized to provide an advisory opinion to the City Manager.
The appeal letter to the City Manager must specify whether the appeal is to be heard by the City Manager or the arbitrator.
Advisory arbitration is an option only if the intended discipline is a suspension of greater than fifteen (15) calendar days, a demotion or a termination.
1. Advisory Arbitration
The impartial arbitrator shall be selected by the employee and designated representative and the City. The cost of the arbitrator, if any, shall be borne equally by the employee and the City.
The arbitrator shall submit a written advisory opinion to the City Manager who shall make the final and binding decision to sustain, revoke or modify the decision of the appointing authority within ten (10) calendar days of the receipt of the advisory opinion.
2. City Manager
An employee may submit the appeal directly to the City Manager.
Within fifteen (15) calendar days following conclusion of the hearing as specified hereafter, the City Manager shall make the final and binding decision to sustain, revoke or modify the decision of the appointing authority who took the disciplinary action against the employee.
3. City Council
5.5.b
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 49 Pursuant to the opinion of City Counsel, should the City Manager be disqualified from holding a hearing and/or rendering a final and binding decision, an advisory arbitrator shall be utilized.
The arbitrator’s advisory written opinion shall be given to the City Council for final decision.
The Council shall consider the case at its next regularly scheduled meeting.
G. Hearing
The City Manager or arbitrator shall conduct a hearing on an appeal filed in accordance with Section F. The date for the hearing shall be scheduled within twenty days of receipt of the employee's request, as provided above, to commence as soon as can be expeditiously arranged.
Written notice of the time and place of the hearing shall be given to the appellant.
The hearing shall be conducted in accordance with the provisions of Section 11513 of the Government Code of California, except that the appellant and other persons may be examined as provided in Section 19580 of said Government Code.
The affected employee (appellant) may be represented by an attorney or other representative of his/her choosing. Each party shall be given a reasonable opportunity to be heard on relevant issues, including the right to cross-examine witness.
Compliance with the technical rules of evidence applied in the courts shall not be required. Oral evidence shall be taken only on oath or affirmation.
Hearsay evidence is admissible but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. Immaterial, irrelevant, or unduly repetitious evidence may be excluded.
The rules of privilege shall apply.
If appellant does not testify on his/her own behalf, he/she may be called and examined as if under cross-examination.
H. Failure of Employee to Appear at Hearing
Failure of the appellant to appear at the hearing without sufficient cause shall be deemed a withdrawal of the appeal and the action of the City Manager or department head shall be final.
I. Temporary Absence with Pay
Notwithstanding the provisions of this section, upon the recommendation of the appointing authority, the City Manager may approve the temporary assignment of an employee to the status of absent with pay pending conduct or completion of such investigations or hearings as may be required to determine if disciplinary action is to be taken.
Such status maybe conditioned such that the employee remain available and in daily telephone contact with the employer.
18. SENIORITY
Seniority shall be determined by continuous service in the Fire Department calculated from the date of employment. Continuous service shall be broken only by resignation, discharge for cause, and retirement.
Employees with the same employment date shall be assigned to the seniority list in order of their ranking eligibility on the Hiring List.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 50 Seniority shall prevail with respect to the choosing of vacations and such other matters within the jurisdiction of the MOU.
For the purposes of station and shift bidding, seniority within the rank classification (regardless if paramedic) shall prevail.
The City will annually provide a current alphabetical seniority list to the Union. Seniority as it relates to layoffs is discussed in section 19: LAYOFF PROCEDURE of this MOU.
19. LAYOFF PROCEDURE
A. Conditions for Layoff
The City Manager, with the concurrence of the City Council, may abolish any position or employment because of material change in duties and organization, or shortage of work or funds.
The employee holding such position of employment may be laid off without disciplinary action and without the right of appeal.
No regular employee shall be laid off until all temporary and probationary employees holding positions in the same class in the department assigned or the class in which the position is to be abolished have been laid off.
B. Notice of Layoff
Employees to be laid off shall be given at least twenty-one (21) calendar days’ notice in writing.
Such notice shall be delivered in person or by certified mail.
Employees subject to this notice shall have seven (7) calendar days to respond to their options as listed in this procedure.
C. Order of Layoff
In an affected class, employee shall be laid off in reverse order of seniority and in consideration of performance as defined below.
Seniority is determined by total amount of full-time service with the City.
Seniority shall be reduced for the purpose of the layoff procedure only, by the amount of time for which an employee received a performance evaluation evidencing an over-all performance of less than standard.
In the event two (2) or more employees have equal seniority in the affected class, such ties shall be broken on the basis of the last three (3) performance evaluations reports in that class, as determined by the City Manager.
D. Bumping Rights
An employee who is subject to layoff as a result of this procedure shall have the following rights:
1. Bump an employee with less seniority in a lower class.
2. Bump an employee with less seniority in a lower class previously held, if the class had been held within one (1) year of receiving the layoff notice.
3. This bump right is subject to the employee's last evaluation in the prior class being satisfactory or above.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 51 4. To retain the new position, the employee must bring any single area of the last evaluation in the previous position which was below satisfactory to satisfactory or above within three (3) months.
5. Demote to a vacant position in a class previously held, if the class had been held within one (1) year of receiving the layoff notice.
This right is subject to the employee's last evaluation in the prior class being satisfactory or above within three months.
6. Accept the layoff and be placed on the Re-Employment List.
7. Any employee subject to layoff as a result of the bumping rights listed herein shall, in turn, be given the same bumping rights.
E. Re-Employment List
The names of persons laid off in accordance with these rules shall be entered on a re-employment list for one (1) year, except that persons appointed to permanent positions shall, upon such appointment, be dropped from the list.
Vacancies, which occur within one (1) year of layoff, will be offered to employees on the reemployment list in the same order in which he/she was laid off. Employees, who are qualified, pursuant to the same rules by which they were laid off, shall be offered vacancies as they occur.
It shall be the responsibility of the employee on a re-employment list to keep the City informed of his/her current address, telephone number and availability for work.
1. Notice of the opportunity of employment shall be mailed to the employee’s last known address.
2. The employee shall have seven (7) calendar days from the date of receipt to respond to the employment opportunity.
20. UNIFORM PROVISION
A. Uniforms
The City agrees to pay each regularly employed firefighter, engineer, and captain covered by this agreement, an annual uniform allowance of $925. The uniform allowance is to provide for all costs for uniform care including alterations, cleaning, repair, purchase and replacement of duty uniform clothing, and uniform-related accessories. The City shall report Uniform Allowance for Classic members to the California Public Employees’ Retirement System (CalPERS) on a per pay period basis in accordance with the Public Employees’ Retirement Law (PERL) and applicable regulations.
Uniforms damaged in the line of duty may be replaced by the department upon proper application through departmental procedures.
All uniform and uniform-related items worn are to be approved and recognized by the department as proper duty uniform pieces.
It is understood by both parties to this agreement that employees are responsible to purchase additional uniforms or other authorized non-specific items which relate to the employee’s current position from their uniform allowance.
All amounts spent for uniform items in excess of the stated uniform allowance are the
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 52 responsibility of the employee.
The City agrees to provide new employees at the time of appointment for the following items:
One (1) Department approved ball cap style hat
One (1) Department approved beanie cap
Two (2) Class B shirts (one short and one long sleeve)
One (1) Department polo shirt
Three (3) Class B uniform pants
One (1) pair BDU style pants
One (1) pair BDU style duty shorts
Four (4) Department approved duty T-shirts (3 short sleeve & 1 long sleeve) One (1) pair Department approved PT shorts
One (1) black leather uniform belt with Department buckle One (1) pair authorized station boots
One (1) authorized job shirt (collard sweatshirt)
One (1) Class B jacket approved by the Chief
One (1) EMS Bio jacket
Two (2) rank appropriate duty badges
Two (2) name badges
Three (3) rank appropriate pass tags
B. Upon execution of this agreement, the City shall furnish all employees hired prior to January1, 2013, with a second badge and name badge listed above.
C. After completion of the probationary period, City will pay the cost for each new hire to purchase a full Class A uniform. Such uniform shall be consistent with the current Class A uniform standards approved by the department head or designee.
D.If an employee loses or damages any items listed above due to negligence it will be at the employee’s expense to replace these items.
E. The uniform allowance will be paid in payments of equal amounts on each paycheck. The first payment for new employees will commence the first pay period following their one-year anniversary.
F. The City shall furnish all forms of personal protective clothing that may be required as a condition of employment by the City and/or State, Federal, or local safety laws, standards, rules, and regulations, and shall be applicable to all work covered by this Agreement.
G.The City shall furnish each employee with a complete set of personal protective clothing provided for use and required to be worn during certain incidents.
1. Structure turnouts consist of:
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 53 Structure helmet (black with county standardized rank appropriate tetrahedron and leather shield)
Two turnout coats with liner
Two turnout pants with liner Suspenders
Leather structure turnout boots
Structure gloves
Eye protection (goggles)
Two Nomex hoods
One (1) second stage regulator for SCBA mask
2. Wildland turnouts consist of:
Wildland helmet with shroud
Two (2) Wildland jackets
Two (2) Wildland pants
Wildland boots (lug soled with composite shank)
Wildland Gloves
Eye protection (goggles)
21. TUITION REIMBURSEMENT
Regular employees may be eligible to receive up to one thousand dollars ($1,000.00) each fiscal year towards tuition reimbursement for educational purposes, which tend to improve their ability to accomplish their city jobs, subject to approval of the City Manager or his/her designee.
For reimbursement of tuition expenses, employees must maintain at least a “B” average for those courses graded on the A, B, C, D, F scale.
For reimbursement for certificated State Fire Marshal Courses, employees must receive a passing score.
An official transcript of course(s) completed, or a copy of the certificate earned must be submitted with the request for reimbursement.
22. OUTSIDE EMPLOYMENT
Employees shall not engage in outside employment or business activities, which involve such hours of work or physical effort that it would or could be reasonably expected to reduce the quality or quantity of such person’s services to the City.
Employees shall not be engaged in any outside employment that involves the performance by them of any work, which will come before them as officers or employees of the City, or under their supervision, for approval or inspection.
Employees shall not accept employment that is in conflict with provisions of Government Code Section 97000 (Conflict of Interest). Before accepting outside employment, an employee must first obtain approval from his/her Department Head.
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 54 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.
With approval of the City Manager and Department head, employees may be employed or conduct business outside City employment consistent with the limitations above.
Employees shall not make decisions nor participate in decisions affecting projects sponsored in whole or in part by people or companies they have contracted or subcontracted with. Employees shall not make decisions or participate in decisions concerning projects sponsored (in whole or in part) by people they have worked for within the past 12 months, are currently working for, or anticipate working for in the future.
23. FAIR EMPLOYMENT PRACTICE
The City of Patterson assures any technique or procedure used in recruitment and selection of employees shall be designated to measure only the job-related qualifications of applicants.
No recruitment or selection technique shall be used which, in the opinion of the Human Resources Director, is not justifiably linked to successful job performance.
It is the policy of the City that no technique, procedure or policy in recruitment and selection shall be discriminatory to any group protected by state or federal legislation.
24. NON-DISCRIMINATION POLICY
The City shall offer equal employment to all persons without regard to race, creed, color, ancestry, sex, sexual orientation, age, gender, gender identity, gender expression, genetic information, national origin, religion, physical or mental disability, medical condition, marital status or veteran’s status.
No applicant is to be discriminated against or given preference because of these factors.
This policy is intended to apply to recruiting, hiring, promotions, upgrading, layoffs, compensation, benefits, termination and all other privileges, terms and conditions of employment.
25. SEVERABILITY
If any part of this contract is found to be unlawful or invalid, the remainder of the contract will remain in force.
The parties agree to meet and confer over substitute language for the invalidated portion.
26. PAST PRACTICES
The City agrees that practices and policies not changed by this agreement will continue during the term of the contract.
5.5.b
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 55 APPENDIX A
International Association of Fire Fighters, Local 4577 (IAFF)
PATTERSON FIREFIGHTERS ASSOCIATION
Salary Schedule
EFFECTIVE JULY 01, 2022
Classification Step A Step B Step C Step D Step E Step F Step G Step A Step B Step C Step D Step E Step F Step G Fire Captain - Paramedic $7,319.44 $7,685.41 $8,069.68 $8,473.17 $8,896.83 $9,341.67 $9,808.75 $3,659.72 $3,842.71 $4,034.84 $4,236.58 $4,448.41 $4,670.83 $4,904.38 Fire Captain $6,631.05 $6,962.60 $7,310.73 $7,676.27 $8,060.08 $8,463.09 $8,886.24 $3,315.53 $3,481.30 $3,655.37 $3,838.14 $4,030.04 $4,231.54 $4,443.12 Fire Engineer - Paramedic $6,469.32 $6,792.78 $7,132.42 $7,489.05 $7,863.50 $8,256.67 $8,669.51 $3,234.66 $3,396.39 $3,566.21 $3,744.52 $3,931.75 $4,128.34 $4,334.75 Fire Engineer $5,860.88 $6,153.93 $6,461.62 $6,784.71 $7,123.94 $7,480.14 $7,854.14 $2,930.44 $3,076.96 $3,230.81 $3,392.35 $3,561.97 $3,740.07 $3,927.07 Fire Fighter - Paramedic $5,578.47 $5,857.40 $6,150.27 $6,457.78 $6,780.67 $7,119.70 $7,475.69 $2,789.24 $2,928.70 $3,075.13 $3,228.89 $3,390.33 $3,559.85 $3,737.84 Fire Fighter $5,053.82 $5,306.51 $5,571.84 $5,850.43 $6,142.95 $6,450.10 $6,772.60 $2,526.91 $2,653.26 $2,785.92 $2,925.22 $3,071.48 $3,225.05 $3,386.30 Monthly Semi-Monthly
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) 56 MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF PATTERSON
And
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 4577 PATTERSON
FIREFIGHTERS ASSOCIATION
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 of the City and IAFF 4577, having met and conferred in good faith concerning the issues of wages, hours, and terms and conditions of employment as herein set forth, declare their agreement to the provisions of this Memorandum of Understanding.
FOR THE CITY: FOR THE UNION:
_________________________ _________________________
Ken Irwin Michael McLaughlin
City Manager President
_________________________ _________________________
Marie Guillory-Jones Joe Winters
Human Resources Director Vice-President
_________________________
Patrick Clark
Chief Labor Negotiator
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Attachment: FIRE MOU 2022-2025 FINAL (MOU and Salary Schedule Jul 2022 Fire) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: May 2, 2023
ITEM NO: 5.6
SUBJECT: Approve Resolution No. 2023-20 of the city council of the City of Patterson Approving Adoption of National Public Works Week (npww) celebration on May 21st – May 27th, 2023 for the City of Patterson.
RECOMMENDATION
Motion to Approve Resolution No. 2023-20 of the city council of the City of Patterson Approving Adoption of National Public Works Week (npww) celebration on May 21st – May 27th, 2023 for the City of Patterson.
BACKGROUND
National Public Works Week (NPWW) is a celebration of the many men and women in North America who provide and maintain the infrastructure and services collectively known as public works.
Instituted as a public education campaign by the American Public Works Association (APWA) in 1960, NPWW calls attention to the importance of public works in community life. The Week seeks to enhance the prestige of the often-unsung heroes of our society-the professionals who serve the public good every day with quiet dedication.
National Public Works Week is observed each year during May. This year’s week is May 21 - 27, 2023 and the theme is “Connecting the World through Public Works.” Through NPWW and other efforts, APWA seeks to raise the public’s awareness of public works issues and to increase confidence in public works employees who are dedicated to improving the quality of life for present and future generations.
ANALYSIS
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For this year’s Public Works Week event, Public Works staff will be bringing their events to the schools. This year, staff will visit Patterson High School to educate the teens about the services provided by the department and to introduce them to the various careers in the public sector. The city is working towards a job shadowing pilot program to allow for our future leaders to have hands on experience working for the Public Works Department. They will gain valuable experiences and expand their horizon for career development.
Additionally, staff will be distributing information about National Public Works week through an electronic platform (for example, City website, Facebook, and other means that are available).
The goal is to educate the community and provide resources about Public Works and various environmental programs that are administered by the City, for example Water Conservation, FOG (Fats, Oils and Grease), Storm Water Management, and Solid Waste (Recycling) Management.
FISCAL IMPACT
Costs include purchasing promotional items for these various environmental programs (FOG, Water Conservation, Recycling, and Stormwater Pollution Prevention). The costs for this item have been budgeted and approved in FY 2022/23. No budget impact associated with this item.
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1 RESOLUTION NO. 2023-20
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON 4 APPROVING ADOPTION OF NATIONAL PUBLIC WORKS WEEK (NPWW) CELEBRATION ON MAY 21st – May 27
th 5 , 2023 FOR THE CITY OF PATTERSON
6 7 WHEREAS, public works professionals focus on infrastructure, facilities and services 8 that are of vital importance to sustainable and resilient communities and to the public health, 9 high quality of life and well-being of the people of City of Patterson; and 10 11 WHEREAS, these infrastructure, facilities and services could not be provided without 12 the dedicated efforts of public works professionals, who are engineers, managers and employees 13 at all levels of government and the private sector, who are responsible for rebuilding, improving 14 and protecting our nation’s transportation, water supply, water treatment and solid waste 15 systems, public buildings, and other structures and facilities essential for our citizens; and 16 17 WHEREAS, it is in the public interest for the citizens, civic leaders and children in City 18 of Patterson to gain knowledge of and to maintain a progressive interest and understanding of the 19 importance of public works and public works programs in their respective communities; and 20 WHEREAS, the year 2023 marks the 63
rd 21 annual National Public Works Week
22 sponsored by the American Public Works Association and this year’s theme is “Connecting the 23 World through Public Works”; and
24 25 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of 26 Patterson, do hereby designate the week May 21 – 27, 2023 as National Public Works Week; I 27 urge all citizens to join with representatives of the American Public Works Association/Canadian 28 Public Works Association and government agencies in activities, events and ceremonies 29 designed to pay tribute to our public works professionals, engineers, managers and employees 30 and to recognize the substantial contributions they make to protecting our national health, safety, 31 and quality of life.
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Attachment: Resolution No. 2023-20 National Public Works Week 5-2-23 (Resolution No. 2023-20 for National Public Works Week) 1 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the 2 State (to be affixed),
3 The foregoing resolution was passed by the City Council at a regular meeting held on the 2 nd 4 day of May 2023, by , who moved its adoption, which motion was 5 duly seconded by , and the resolution adopted by the following roll call 6 vote:
7 AYES:
8 NOES:
9 EXCUSED:
10 APPROVED:
11 12 ____________________________________
13 Michael Clauzel
14 Mayor of the City of Patterson
15 16 ATTEST:
17 18
19 __________________________________________
20 Aracely Alegre
21 City Clerk of the City of Patterson
22 23 I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by 24 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 2 nd 25 day of May 2023 and I further certify that
26 said resolution is in full force and effect and has never been rescinded or modified. 27 DATED:
28 29
30 ___________________________________
31 City Clerk of the City of Patterson
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Attachment: Resolution No. 2023-20 National Public Works Week 5-2-23 (Resolution No. 2023-20 for National Public Works Week) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Juliene Flanders, Recreation & Community Services Director MEETING DATE: May 2, 2023
ITEM NO: 5.7
SUBJECT: Adopt Resolution No. 2023-21 to Accept grant funds in the amount of $124,333 for an Access to Technology Program to provide digital connectivity for older and disabled adults from the County of Stanislaus Community Services Agency. The City of Patterson will accept a $124,333 grant funds from the County of Stanislaus, and authorize the Finance Department to make the necessary budget adjustments for Fiscal Year 2022-23.
RECOMMENDATION
Motion to Adopt Resolution No. 2023-21 to Accept grant funds in the amount of $124,333 for an Access to Technology Program to provide digital connectivity for older and disabled adults from the County of Stanislaus Community Services Agency. The City of Patterson will accept a $124,333 grant funds from the County of Stanislaus, and authorize the Finance Department to make the necessary budget adjustments for Fiscal Year 2022-23.
BACKGROUND
The County has a need to provide long-term access to technology devices, technology literacy classes and internet connectivity to older adults and adults with disabilities to assist them with acquiring technology literacy skills and information that are beneficial in supporting their emotional well being and addressing social isolation.
ANALYSIS
The Hammon Senior Center would provide a good base of operations for this program. Older adults in the community would definitely benefit from this program. With being part of the City of Patterson, staff has reached out to our Information Technology (IT) Department, they are
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supportive of this program and are willing to provide guidance and direction as needed.
Currently, we provide a wide range of classes and activities to meet the needs of the older adults in the area. Since the pandemic, we have noticed an increase in the isolation of seniors in the area. Giving these individuals access to technology is one way to reduce this isolation. With many in this age group hesitant to use technology due to not being familiar with technology, but also safety concerns, a program like this should alleviate some of those fears.
Currently, the Recreation & Community Services Department offers classes in Basic Computing, Internet and Social Media. However, due to budget and space constraints, the Department is limited to the number of classes that can be offered. A program such as this would allow a more well-rounded curriculum that would benefit a much larger number of individuals.
Therefore, Staff recommends that the City Council adopt a resolution to accept the grant revenue and approve the modification of the department budget to use for this purpose.
FISCAL IMPACT
There is no fiscal impact associated with this item.
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RESOLUTION NO. 2023-21
A RESOLUTION OF TO THE CITY COUNCIL OF THE CITY OF PATTERSON,
ADOPTING AND APPROPRIATING GRANT FUNDS
WHEREAS, the City of Patterson has submitted a Grant Application to the County of Stanislaus Community Services Agency for participation in their Access to Technology Program to provide digital connectivity for older and disabled adults, and; WHEREAS, the City of Patterson will accept a $124,333 grant from the County of Stanislaus Community Services Agency, and;
WHEREAS, the Council Authorizes the Finance Department to make the necessary budget adjustments for Fiscal Year 2022-23, and;
WHEREAS, the City of Patterson will commit to use the grant funds only as approved by the granting agency.
NOW THEREFORE: BE IT RESOLVED, that the City of Patterson will collaborate with the County of Stanislaus Community Services Agency for participation in their Access to Technology Program to provide digital connectivity for older and disabled adults.
The foregoing resolution of the City Council of the City of Patterson was passed by the City Council at a regular meeting held on the 2nd day of May 2023, by ______________, who moved its adoption, which motion was duly seconded by _______________, and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
_______________________________________
Michael Clauzel
Mayor of the City of Patterson
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Attachment: Resolution No. 2023-21 Access to Technology Program Grant (Resolution No. 2023-21 Approval of Access to Technology Program ATTEST:
___________________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a Regular meeting held on the 2
nd day of May 2023, 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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Attachment: Resolution No. 2023-21 Access to Technology Program Grant (Resolution No. 2023-21 Approval of Access to Technology Program 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: May 2, 2023
ITEM NO: 5.8
SUBJECT: Adopt Resolution No. 2023-23 approving a Memorandum of Understanding (“MOU”) between Stanislaus County (“County”) and City of Patterson (“City”), regarding the Reorganization of the Zacharias and Baldwin Ranch South Master Plan area.
RECOMMENDATION
Motion to Adopt Resolution No. 2023-23 approving a Memorandum of Understanding (“MOU”) between Stanislaus County (“County”) and City of Patterson (“City”), regarding the Reorganization of the Zacharias and Baldwin Ranch South Master Plan area.
BACKGROUND
On April 16, 2022, the City Council approved a package of resolutions and ordinances relating to the Zacharias and Baldwin Ranch South Master Plan (“Master Plan”). The Master Plan provides a comprehensive development and regulatory framework for the Master Plan area, including annexation of 1,297 gross acres into City limits. The resolutions and ordinances included the following:
(1) Certification of an Environmental Impact Report and other actions in accordance with the California Environmental Quality Act (“CEQA”);
(2) Adoption of the Master Plan, a General Plan Amendment, and Conditions of Approval;
(3) Prezoning of the properties within the Master Plan area; (4) Authorization to file an application with the Stanislaus Local Agency Formation Commission (“Stanislaus LAFCO”), to expand City’s Sphere of Influence (“SOI”) and annex the Master Plan area into City limits.
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MEMORANDUM OF UNDERSTANDING BETWEEN CITY & COUNTY
This item pertains to a requirement for City’s reorganization application to Stanislaus LAFCO.
There are specific application requirements before Stanislaus LAFCO can process the application and bring City’s reorganization proposal to a hearing. These application requirements include, for example, all City approvals relating to the Master Plan, environmental review documents, an analysis of how municipal services will be provided, a plan for agricultural preservation, and registered voter information in the annexation area.
As part of the reorganization application, City also must consult with the County regarding development standards, planning and zoning requirements, and other conditions relating to development of the annexation area. City representatives have met with County representatives to discuss development of the Master Plan. The parties have agreed to the attached MOU. The MOU requires approval from the County Board of Supervisors and the City Council before Stanislaus LAFCO can continue processing City’s reorganization application.
The following provides a summary of terms contained in the MOU:
1. Financing of Infrastructure Construction. Financing of the infrastructure required to develop the Master Plan (e.g., water, sewer, storm drainage, transportation) will occur through formation of a new Mello-Roos Community Facilities District (“CFD”). The projected infrastructure costs determine the special tax rates imposed on each parcel within the CFD boundaries. Prior to City forming the CFD for the Master Plan, County will review and approve the projected infrastructure costs for facilities that will be located in County jurisdiction (e.g., Recharge Basin, Regional Park, transportation improvements).
2. Approval of Recharge Basin. One of the infrastructure items included in the Master Plan is a stormwater drainage basin that will provide groundwater recharge (“Recharge Basin”). The Recharge Basin will be approximately 30 acres, located west of the Master Plan area along Zacharias Road near the Delta Mendota Canal and Del Puerto Creek. If the Recharge Basin is developed for any purpose that would allow public access to the site (e.g., recreation), development of the Recharge Basin will need to meet certain standards. Such development standards include the following: (i) 150-foot buffer between site boundaries and turf areas, and (ii) fencing and landscaping between the site boundary and County lands.
3. FEMA Flood Retention Area / Regional Park. The Master Plan includes a regional park which will also serve as a flood retention area, located north of Zacharias Road, between Rogers Road and Baldwin Road (“Regional Park”). The same development standards will apply to the western and northern boundaries of the Regional Park: (i) 150-foot buffer between site boundaries and turf areas, and (ii) fencing and landscaping requirements between the site boundary and County lands. The site will also remain restricted to agricultural use until development of the Regional Park.
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west expressway connecting SR-99 to I-5 in southern Stanislaus County. Zacharias Road is contemplated as one of the routes for the redesigned South County Corridor. If Zacharias Road is selected, the MOU provides that City must require Master Plan developers to dedicate sufficient right-of-way area along Zacharias Road to accommodate a six (6) lane roadway. If Zacharias Road is not selected, the MOU requires Zacharias Road to serve as the urban-rural interface between City and County lands. Improvements to Zacharias Road will need to include adequate setbacks, fencing, and landscaping to provide a 150-foot buffer between City lands and County agricultural lands.
5. Baldwin Ranch South Area. The Master Plan also includes the Baldwin Ranch area, which is approximately 65 acres located south of City limits, bounded between the Delta Mendota Canal and Baldwin Road. The southern boundary of the Baldwin Ranch area will serve as the urban-rural interface between City and County lands. Improvements to Baldwin Road will need to include adequate setbacks, fencing, and landscaping to provide a 150-foot buffer between City lands and County agricultural lands.
City has complied with the LAFCO requirement to meet with County representatives to discuss planning and development standards for the Master Plan. Discussions led to the proposed MOU for City Council’s approval, which would be included in City’s reorganization application.
FISCAL IMPACT
None. There is no fiscal impact associated with the City-County MOU. The MOU establishes certain agreements between City and County regarding planning and development standards for the Master Plan, as well as other terms for development of the Master Plan. This MOU satisfies an application requirement for City’s reorganization application to Stanislaus LAFCO and contains no new financial obligations for City.
ALTERNATIVE ACTIONS
The City Council’s options regarding the Resolution include:
1. Adopt the Resolution No. 2023-23 approving the MOU between Stanislaus County and City of Patterson;
2. Continue the item to a later meeting of the City Council and provide direction to staff for modifications to propose to County representatives; or
3. Reject the Resolution No. 2023-23.
ATTACHMENTS
1. Resolution No. 2023-23
2. MOU between Stanislaus County and City of Patterson
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{CW126745.3}
RESOLUTION NO. 2023-23
A RESOLUTION OF THE PATTERSON CITY COUNCIL APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN STANISLAUS COUNTY AND
THE CITY OF PATTERSON REGARDING THE REORGANIZATION
OF THE ZACHARIAS AND BALDWIN RANCH SOUTH MASTER PLAN AREA WHEREAS, on April 16, 2022, the City of Patterson (“City”) adopted the following resolutions and ordinances relating to the Zacharias and Baldwin Ranch South Master Plan (“Master Plan”), which establishes a comprehensive development and regulatory framework for the Master Plan area, including annexation of 1,297 gross acres into City limits:
1. Resolution No. 2022-62, certifying the Final Environmental Impact Report, adopting findings, adopting a Statement of Overriding Considerations, and adopting a Mitigation Monitoring and Reporting Program, in accordance with the California Environmental Quality Act (“CEQA”);
2. Resolution No. 2022-60, adopting the Master Plan, a General Plan Amendment, and Conditions of Approval for the buildout of the Master Plan;
3. Ordinance No. 862, prezoning the properties located within the Master Plan area;
4. Resolution No. 2022-61, authorizing the filing of a reorganization application with the Stanislaus Local Agency Formation Commission (“Stanislaus LAFCO”) to expand City’s Sphere of Influence (“SOI”) and annex the Master Plan area into City limits; and
WHEREAS, since adoption of the Master Plan, City staff has been preparing a reorganization application to submit to Stanislaus LAFCO, which would propose expanding City’s SOI and annexing the Master Plan area into City limits; and WHEREAS, Government Code section 56425(b) requires that, when a city submits an application to expand its SOI, representatives from the city and county meet to discuss the proposed boundaries and attempt to reach an agreement on development standards and planning and zoning requirements within the proposed SOI; and
WHEREAS, on January 18, 2023, representatives of City and Stanislaus County (“County”) met to discuss the proposed SOI and establish a framework for development standards and planning and zoning requirements that is agreeable to both parties; and WHEREAS, City and County representatives have agreed to the Memorandum of Understanding (“MOU”) attached and incorporated herein as Exhibit A, regarding development standards and planning and zoning requirements for the Master Plan area; and
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Attachment: Resolution No. 2023-23 City-County LAFCO MOU (CW126745-3xDCB25) (Resolution No. 2023-23 Memorandum of Understanding {CW126745.3}
WHEREAS, upon approval of the attached MOU from the County Board of Supervisors and the City Council, City staff will include the MOU in its reorganization application to Stanislaus LAFCO, as required by Government Code section 56425(b); and WHEREAS, Stanislaus LAFCO shall give great weight to the terms of the MOU when making its final determination on City’s proposal to expand its SOI (Government Code section 56425(b)); and
WHEREAS, the purpose of this Resolution is to approve and authorize execution of the attached MOU, and to facilitate the timely submittal and processing of City’s reorganization application to Stanislaus LAFCO.
NOW, THEREFORE, BE IT RESOLVED that the Patterson City Council hereby approves the MOU between Stanislaus County and City of Patterson attached hereto as Exhibit A, regarding the reorganization of the Zacharias and Baldwin Ranch South Master Plan area.
The City Manager is hereby authorized to execute the MOU, subject to any revisions approved by the City Attorney, and to perform all acts necessary and incidental to carry out the purposes of this Resolution.
The foregoing resolution of the City Council of the City of Patterson was passed by the City Council at a regular meeting held on the 2
nd day of May 2023, by ______________, who
moved its adoption, which motion was duly seconded by _______________, and the resolution adopted 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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Attachment: Resolution No. 2023-23 City-County LAFCO MOU (CW126745-3xDCB25) (Resolution No. 2023-23 Memorandum of Understanding {CW126745.3}
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 2 nd day of
May 2023, 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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Attachment: Resolution No. 2023-23 City-County LAFCO MOU (CW126745-3xDCB25) (Resolution No. 2023-23 Memorandum of Understanding {CW126745.3}
EXHIBIT A
Memorandum of Understanding
Between Stanislaus County and City of Patterson
Regarding the Reorganization of the Zacharias & Baldwin Ranch South Master Plan Area
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Attachment: Resolution No. 2023-23 City-County LAFCO MOU (CW126745-3xDCB25) (Resolution No. 2023-23 Memorandum of Understanding {CW128299.1} Memorandum of Understanding
Stanislaus County and City of Patterson
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF STANISLAUS
AND
THE CITY OF PATTERSON
FOR
DEVELOPMENT STANDARDS ASSOCIATED WITH
THE ZACHARIAS AND BALDWIN RANCH MASTER PLAN
This MEMORANDUM OF UNDERSTANDING (“MOU”), entered this _____ day of May 2023, and is between the County of Stanislaus (“County”), whose address is 1010 10th Street, Suite 6800, Modesto CA 95354, and City of Patterson (“City”) whose address is 1 Plaza, P.O. Box 667, Patterson, CA 95363. County and City may herein be referred to individually as a “Party” and collectively as the “Parties.” There are no other parties to this MOA.
WHEREAS, the City is in the process of submitting an application to the Stanislaus Local Agency Formation Commission (“LAFCO”) for a reorganization to expand the City limits to include an area of 1297 gross acres spilt between an area located at the north end of the City and a second smaller area located at the south end of the City contiguous to the Delta-Mendota Canal to facilitate the development of the Zacharias and Baldwin Ranch Master Plan (“Project”); and
WHEREAS, the City’s reorganization application includes an expansion of the City’s sphere of influence (“SOI”); and
WHEREAS, Government Code section 56425(b) requires that prior to a city submitting an application to update its SOI, representatives from the city and county shall meet to establish an agreement with regard to the development standards and planning and zoning requirements within the updated SOI; and
WHEREAS, on January 18, 2023, the City and County met to discuss the SOI and established a framework for the development standards and planning and zoning requirements within the SOI that is agreeable to both Parties; and WHEREAS, as required by Government Code section 56425(b), the City and County enter into this MOU to record their agreement and provide it in writing to LAFCO.
NOW THEREFORE, County and the City agree as follows:
ARTICLE 1
PURPOSE
1. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this MOU by this reference. In the event of any inconsistency between the Recitals and Section 1 through 25 of this Agreement, Sections 1 through 25 shall prevail.
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Attachment: City and County MOU (CW128299xDCB25) (002) (Resolution No. 2023-23 Memorandum of Understanding between Stanislaus {CW128299.1}
Memorandum of Understanding
Stanislaus County and City of Patterson
2. The general purpose this MOU is to establish the development standards and planning and zoning requirements within the City’s revised SOI based on the development of the Project.
ARTICLE 2
PROJECT PARTICIPATION IN A
COMMUNITY FACILITIES DISTRICT (“CFD”)
3. The City shall require the Project applicants to form a new Community Facilities District (“CFD”) to finance installation and ongoing maintenance of public improvements serving the Project area pursuant to the Mello-Roos Community Facilities District Act (Gov. Code, § 53311 et seq.).
4. City shall complete all necessary proceedings to establish a CFD or annex the project area into an existing CFD.
5. City shall consult with County staff in the development and review of CFD formation or annexation documents, specifically the development standards and planning and zoning requirements underlying the formation of the CFD. City shall provide County with the CFD formation or annexation documents and County may approve the estimated project costs utilized for the development of the rate and method of apportionment, that are located within Stanislaus County’s jurisdiction, and may further provide comment regarding the development standards and planning and zoning requirements underlying the formation of the CFD. In addition, City shall present to the County all engineer’s estimates for improvements for which the Project will have a fair share contribution, and that are located within Stanislaus County’s jurisdiction, for the County’s review and approval. In the event the County does not provide a response or approval in writing to the City within twenty (20) business days of receiving the documents contemplated in this section, the City’s obligation under this section shall be considered satisfied. The Parties may extend the deadlines set forth in this Section by mutual written agreement.
6. City shall establish the new CFD or annex into an existing CFD prior to recordation of the first final map in the Project.
ARTICLE 3
RECHARGE BASIN DESIGN STANDARDS
7. The Parties acknowledge and agree that the Project includes a stormwater capture and recharge basin that is to be located within the City’s proposed city limits, along Del Puerto Creek, north of Zacharias Road, as preliminarily depicted in Exhibit A, attached hereto and incorporated herein by this reference (“Recharge Basin”).
8. In the event the Recharge Basin is ultimately developed for any other purpose that would allow the general public to access, the City shall ensure that the following
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Attachment: City and County MOU (CW128299xDCB25) (002) (Resolution No. 2023-23 Memorandum of Understanding between Stanislaus {CW128299.1}
Memorandum of Understanding
Stanislaus County and City of Patterson
design standards are implemented along the western, northern, and eastern boundaries of the Recharge Basin: turfed areas shall be maintained a minimum of 150-feet from the boundaries; a minimum 6-foot tall fence designed to prevent trespassing onto unincorporated lands shall be installed; and a double row of evergreen trees, with a growth potential of at least 15 feet in height shall be installed along the boundaries.
9. In the event the Recharge Basin is ultimately located outside of the City’s proposed city limits and within unincorporated County territory, the County shall review and approve the design of the Recharge Basin. The County shall not withhold its approval without good cause.
a. If ownership of the Recharge Basin site as depicted in Exhibit A is transferred to the City and not annexed and ultimately used as a Recharge Basin, notwithstanding Government Code section 53091 et seq., and Zack v. Marin Emergency Radio Authority (2004) 118 Cal.App.4th 617, 628 (county exempt from city ordinance) and Lawler v. City of Redding (1992) 7 Cal.App.4th 778, 784 (city sports complex, located in county territory, exempt from county zoning) the City agrees to limit use of the property to uses permitted by County’s zoning Code.
ARTICLE 4
FEMA FLOOD RETENTION AREA
10. The Parties acknowledge and agree that the Project includes a FEMA Flood Retention Area on the north side of Zacharias Road, between Rogers and Baldwin Road, that is proposed to be developed as a regional park to be built adjoining a 40-acre site acquired by the Patterson Unified School District for development of a new high school.
The location of the site is depicted in Exhibit C, attached hereto and incorporated herein by reference (“Regional Park”).
11. City shall ensure that the following design standards are implemented along the western and northern boundaries of the Regional Park: turfed areas shall be maintained a minimum of 150-feet from the boundaries; a minimum 6-foot-tall fence, designed to prevent trespassing onto unincorporated lands, shall be installed; and a double row of evergreen trees, with a growth potential of at least 15 feet in height, shall be installed along the boundaries.
12. In the event the Regional Park is developed prior to the high school, the City shall implement the design standards specified in Section 5 of this MOU along the eastern boundary of the Regional Park.
13. Until development of a Regional Park, the City shall limit use of the property to uses permitted within the County’s A-2 (General Agriculture) zoning district without a discretionary permit. Use other than those permitted in the A-2 zoning district may be
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Attachment: City and County MOU (CW128299xDCB25) (002) (Resolution No. 2023-23 Memorandum of Understanding between Stanislaus {CW128299.1}
Memorandum of Understanding
Stanislaus County and City of Patterson
permitted with written support of the County, including the implementation of design standards to protect surrounding agricultural uses in the unincorporated area.
ARTICLE 5
ZACHARIAS ROAD/SOUTH COUNTY CORRIDOR
DESIGN STANDARDS
14. The Parties acknowledge and agree that the portion of Zacharias Road in the Zacharias Project area is contemplated as a potential alignment for the County transportation project referred to as the South County Corridor, as more fully depicted in Exhibit B, attached hereto and incorporated herein by this reference. The parties also acknowledge that if the South County Corridor is not developed, Zacharias Road, with the exception of the Recharge Basin and Regional Park areas, will serve as the urban/rural interface between the City of Patterson and the unincorporated area.
15. For the portion of Zacharias Road in the Zacharias Project area that is to further be contemplated for inclusion in the South County Corridor as an alignment alternative, the City shall require the Project applicant to dedicate a minimum right-of-way to the width of 135 feet to accommodate any future widening of Zacharias Road to meet County standards for a 6-lane roadway. The portion of West Main that is contemplated as the future South County Corridor is designated as a “Partially Access Controlled Other Principal Arterial Highway” in the Stanislaus County General Plan. Zacharias Road will need similar access control to function as the South County Corridor. West Main and Zacharias Road are shown as viable alternatives in the 2016 South County Corridor Feasibility Study, specifically Alternatives 4D and 7A. Additionally, the City shall require the Project applicant to develop the Zacharias Road/South County Corridor right-of-way with setbacks, fencing, and landscaping to provide for a 150-foot buffer, as provided in Appendix VII-A, Agricultural Buffer, and Setback Guidelines, of the Stanislaus County General Plan and Mitigation Measure AG-3 of the Baldwin Master Plan/Zacharias Master Plan Project Environmental Impact Report.
16. The Parties acknowledge and agree that a portion of Baldwin Road, in the Baldwin Ranch Master Plan, and the southern boundary of the Baldwin Ranch Master Plan will serve as the urban/rural interfaces between the City of Patterson and the unincorporated areas.
17. The City shall require the Project applicant to develop the Baldwin Road rightof-way and the southern boundary of the Baldwin Ranch Master Plan with setbacks, fencing and landscaping to provide for a 150-foot buffer, as provided in Appendix VII-A of the Stanislaus County General Plan Agricultural Buffer and Setback Guidelines and Mitigation Measure AG-3 of the Baldwin Master Plan/Zacharias Master Plan Project Environmental Impact Report.
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Attachment: City and County MOU (CW128299xDCB25) (002) (Resolution No. 2023-23 Memorandum of Understanding between Stanislaus {CW128299.1}
Memorandum of Understanding
Stanislaus County and City of Patterson
ARTICLE 6
GENERAL PROVISIONS
18. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this MOU.
19. Entire Agreement. This MOU, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.
20. Amendment. Any amendment of this MOU shall be in writing, signed by both Parties hereto.
21. Negotiated Agreement. The Parties arrived at this MOU through negotiation.
Neither Party is to be deemed the party that prepared this MOU within the meaning of California Civil Code Section 1654.
22. Indemnity. Neither Party, nor any of its officers or employees, shall be responsible for any damage or liability occurring by reason of any act or failure to act by the other Party under or in connection with any work delegated to that Party under this MOU. The Parties further agree, pursuant to Governmental Code Section 895.4, that each Party shall fully indemnify and hold harmless the other Party and its agents, officers, employees, and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such Party under this MOU.
23. Notices. Any notices required herein shall be in writing and be given personally or by certified mail, return receipt requests, addressed to the respective Parties as follows:
To County: Stanislaus County
Chief Executive Office
1010 10th Street, Suite 6800
Modesto, CA 95354
To City: City of Patterson
City Manager’s Office
1 Plaza, PO Box 667
Patterson, CA 95363
5.8.b
Packet Pg. 96
Attachment: City and County MOU (CW128299xDCB25) (002) (Resolution No. 2023-23 Memorandum of Understanding between Stanislaus {CW128299.1}
Memorandum of Understanding
Stanislaus County and City of Patterson
24. Counterparts. This MOU may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
25. Governing Law; Venue. The validity, interpretation, and performance of this MOU shall be controlled by and construed pursuant to the laws of the State of California. Venue for all legal proceedings shall be in the Superior Court for the County of Stanislaus.
IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly authorized representatives.
COUNTY OF STANISLAUS
_________________________________
Jody Hayes, Chief Executive Officer
CITY OF PATTERSON
_________________________________
Ken Irwin, City Manager
Date Signed:____________ Date Signed:____________
APPROVED AS TO FORM:
COUNTY COUNSEL
_________________________________
Thomas E. Boze, County Counsel
APPROVED AS TO FORM:
CITY ATTORNEY
_________________________________
Nubia I. Goldstein
5.8.b
Packet Pg. 97
Attachment: City and County MOU (CW128299xDCB25) (002) (Resolution No. 2023-23 Memorandum of Understanding between Stanislaus
ROGERS ROAD
BALDWIN ROAD
RECHARGE BASIN
EXHIBIT A
PRELIMINARY RECHARGE
BASIN LOCATION
5.8.b
Packet Pg. 98
Attachment: City and County MOU (CW128299xDCB25) (002) (Resolution No. 2023-23 Memorandum of
ROGERS ROAD
BALDWIN ROAD
SOUTH COUNTY CORRIDOR
EXHIBIT B
SOUTH COUNTY CORRIDOR
POTENTIAL ALIGNMENT
5.8.b
Packet Pg. 99
Attachment: City and County MOU (CW128299xDCB25) (002) (Resolution No. 2023-23 Memorandum of
ROGERS ROAD
BALDWIN ROAD
REGIONAL PARK
EXHIBIT C
PRELIMINARY REGIONAL
PARK LOCATION
5.8.b
Packet Pg. 100 Attachment: City and County MOU (CW128299xDCB25) (002) (Resolution No. 2023-23 Memorandum of City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Bryan Stice, Community Development Director
MEETING DATE: May 2, 2023
ITEM NO: 5.9
SUBJECT: Approve Second Reading and Adoption of Ordinance No. 867, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Amending (a) Section 6.28.070, Time for Filing, of Chapter 28, Firework Sales and Discharge, of Title 6, Health and Safety, and (b) Section 6.28.110, Fireworks stand specificationsRequirements, of Chapter 28, Firework Sales and Discharge, of Title 6, Health and Safety, of the Patterson Municipal Code to Allow for Extra Time in Applying to Operate and Erecting Firework Stands.
RECOMMENDATION
Motion to Approve Second Reading and Adoption of Ordinance No. 867 Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Amending (a) Section 6.28.070, Time for Filing, of Chapter 28, Firework Sales and Discharge, of Title 6, Health and Safety, and (b) Section 6.28.110, Fireworks stand specifications-Requirements, of Chapter 28, Firework Sales and Discharge, of Title 6, Health and Safety, of the Patterson Municipal Code to Allow for Extra Time in Applying to Operate and Erecting Firework Stands.
BACKGROUND
Motion to approve Second Reading of Ordinance No. 867, Reading by title only, waiving further reading.
Motion to Adopt Ordinance No. 867, Reading by title only, waiving further reading.
ANALYSIS
On April 18, 2023 the City Council approved the first reading and Introduction of Ordinance
5.9 Packet Pg. 101
No. 867 in regards to Amending (a) Section 6.28.070, Time for Filing, of Chapter 28, Firework Sales and Discharge, of Title 6, Health and Safety, and (b) Section 6.28.110, Fireworks stand specifications-Requirements, of Chapter 28, Firework Sales and Discharge, of Title 6, Health and Safety, of the Patterson Municipal Code to Allow for Extra Time in Applying to Operate and Erecting Firework Stands.
5.9 Packet Pg. 102
{CW126697.1}
ORDINANCE NO. 867
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON, AMENDING THE FOLLOWING: (1) SECTION 6.28.070, TIME FOR FILING, OF CHAPTER 28, FIREWORK SALES AND DISCHARGE, OF TITLE 6, HEALTH AND SAFETY, AND (2) SECTION 6.28.110, FIREWORK STAND SPECIFICATIONSREQUIREMENTS, OF CHAPTER 28, FIREWORK SALES AND DISCHARGE, OF TITLE 6, HEALTH AND SAFETY, OF THE PATTERSON MUNICIPAL CODE TO
ALLOW FOR EXTRA TIME IN APPLYING TO OPERATE AND ERECTING
FIREWORK STANDS
WHEREAS, the City of Patterson (“City”) Municipal Code section 6.28.070 currently provides that applications for a temporary permit to operate a fireworks stand in the City must be submitted no later than the close of business on March 31st; and WHEREAS, Patterson Municipal Code section 6.28.110(B) currently states that fireworks stands may be erected in the City no earlier than June 26th; and WHEREAS, the City of Patterson City Council (“City Council”) finds it to be in the best interests of the City to allow more timing and flexibility to firework vendors both in submitting applications and erecting stands for the permitted sale of fireworks; and WHEREAS, the City Council seeks to adopt an ordinance amending the dates of Sections
6.28.070 and 6.28.110(B).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON ORDAINS AS FOLLOWS:
SECTION 1. Section 6.28.070 of the Patterson Municipal Code shall be amended to read as follows:
6.28.070 Time for filing.
A. Applications shall be made available by March 1st and shall be filed by the applicant no later than the close of business on June 1st, or, if offices are closed, the close of business on the next open business day. Applications submitted after the indicated deadline will not be accepted.
Failure to meet the requirements of the application for a permit will be reason for denial.
B. A city council-approved operator as set forth in Section 6.28.040(B) shall file an application for a permit not less than fifteen days prior to the event.
SECTION 2. Section 6.28.110(B) of the Patterson Municipal Code shall be amended to read as follows:
5.9.a
Packet Pg. 103 Attachment: Ordinance No. 867 (Fireworks Ordinance No. 867) {CW126697.1}
B. Fireworks stands may be erected no earlier than June 20th and shall be removed, along with any related litter, no later than July 7th of each year.
SECTION 3. Notice of the public hearing on the Ordinance was published in the ___________, a newspaper of general circulation; and notices of the public hearing on the proposed amendment to Sections 6.28.070 and 6.28.110(B) were mailed to all interested parties.
SECTION 4. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, and publication of the Ordinance shall occur in a newspaper of general circulation at least fifteen (15) days prior to its effective date, or a summary of the Ordinance published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Patterson, held on the 18th day of April 2023, by __________________, who moved its introduction, which motion was duly seconded by ___________________. Said Ordinance was given a second reading at a regular meeting of the City Council held on the ___, day of __________, 2023, and after such reading, _________________ moved its adoption, seconded by , and said Ordinance was thereupon adopted 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
5.9.a
Packet Pg. 104 Attachment: Ordinance No. 867 (Fireworks Ordinance No. 867) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Juliene Flanders, Recreation & Community Services Director MEETING DATE: May 2, 2023
ITEM NO: 6.1
SUBJECT: Receive a report on special event costs and provide direction to staff on special event priorities and equipment.
RECOMMENDATION
Receive a report on special event costs and provide direction to staff on special event priorities and equipment.
BACKGROUND
Community wide special events provide an exceptional opportunity for the community to come together in a positive way and foster pride in our city. To this end, there has been an interest in conducting additional community special events in the downtown area. Various special events have been held downtown, including Farm to Fork, Skate the Circle, and Back to School Block Party, which have been incredibly successful, but come at a cost to the city to operate.
Additionally, due to safety concerns when closing streets for special events, discussion, and recommendations on additional equipment to ensure participant safety are warranted.
ANALYSIS
Scheduled Special Events
The city organizes and operates various special events throughout the year. The following cityorganized special events are scheduled for the summer season:
· Safety Day
6.1 Packet Pg. 105
Participants will learn about safety from the Patterson Fire Department, Stanislaus Sheriff’s County Officers, Del Puerto Healthcare District, and the Aquatics Swimming Team.
o Saturday, May 6, 2:30 - 7:30 p.m.
o Patterson Aquatics Center
o Cost: Free
· Movie Night - Summer Series
Brought to the community by the Youth Action Commission (YAC), free family-friendly movies in the park. The event will include fun activities and games before each movie. o Thursday, June 15 - Black Panther
o Thursday, June 29 - Guardians of the Galaxy
o Thursday, July 13 - Jumanji
o Thursday, July 27 - Zootopia
o Location - Tilton Park
o Cost: Free
· Baseball Movie Night - with the Jr. Giants
In partnership with the Youth Action Commission (YAC) and Patterson Jr. Giants Baseball and Softball, watch the classic movie, Sandlot, with your family for free. o Saturday, August 5 - Sandlot
o Location - T.W. Patterson Sports Complex
o Cost: Free
· Farm to Fork
o Saturday, September 9, 6 - 9 p.m.
o Location - Downtown Circle
o Cost: $80
Special Event Locations
The city is proud to host numerous special events throughout the year, including the events mentioned above. When planning for these events, budget, and cost are factors when deciding where these events will be held. Special events in city parks or facilities, as many of the events above are held, are more cost-effective and easier to manage as they do not require street closures or additional staff to manage closure points. Additionally, conducting special events in various city parks and facilities provides an opportunity for events to be spread throughout the community, making access easier for those that may not otherwise be able to attend.
As opposed to events at city parks and facilities, downtown special events require a higher level of funding, oversight, and planning due to the logistics of street closures and event safety.
Attachment 1 details the cost of downtown events with street closures. Costs are broken down by full Plaza Circle closure during the weekday and on nights and weekends, by one street closure during the weekday and on nights and weekends, and for events at a city facility. Costs range from $17,172 (full circle closure on a night and weekend) on the high end and $3,044 (city facility) on the low end.
Street Closure Equipment
6.1 Packet Pg. 106
Special events in the downtown area typically require street closures, executed by the City’s Public Works Department with rented closure equipment. Historically, metal crowd control barriers are used to close the streets, but due to their size and weight can be easily moved or driven through. This has happened on two occasions during city-run special events where two separate individuals easily moved the metal barricades to drive into the events. While these incidents were resolved with no injuries or impact on the event, it has caused increased concern for the safety of attendees at future special events requiring street closures.
To provide a more secure closure, staff recommends a closure system that continues to utilize the metal crowd control barriers and folding barricades but is augmented with temporary K-Rail barriers. K-Rails are temporary concrete barriers commonly used on road projects to block traffic from the area of construction. In our application for special event street closures, the recommended K-Rail system would be plastic barriers and when in place, would be filled with water which makes them nearly immovable. At the conclusion of the event, the water would be drained allowing for easy removal. The recommended K-Rail barriers, crowd barriers, and folding barriers, purchase price, and rental costs are shown in Attachment 2. Note, for large events requiring street closures, equipment is typically rented for multiple days.
If the City decides to purchase the equipment, it could be available for rent from the city for nonsponsored city events which would allow the city to recapture some of the funds used to purchase and provide a potential funding stream for replacement as the equipment is damaged or worn.
FISCAL IMPACT
There is no fiscal impact as a result of this report. Any fiscal impacts subsequent to the discussion of this item will return to city council for approval if funding has not been anticipated in the approved FY22/23 budget or will be included in the FY 23/24 budget for expenditure next fiscal year.
6.1 Packet Pg. 107
ATTACHMENT 1
SPECIAL EVENT COSTS
*Costs for current street closure equipment, metal crowd control barriers and folding barriers. **City costs for street closure. Non-city organized events must pay an additional $169 for an encroachment permit.
Downtown Full Circle Closure Downtown 1 Street Closure City Facility (Pool, Sports
Park, etc.)
Weekday Night &
Weekend Weekday Night & Weekend
Street Closure/Opening Costs
Labor $ 3,648 $ 6,816 $ 1,824 $ 3,408 --
Equipment* $ 1,011 $ 1,011 $ 337 $ 337 --
Delivery $ 77 $ 77 $ 77 $ 77 --
Street Sweeper $ 84 $ 84 -- -- --
Administrative
Fee $ 748 $ 1,224 $ 361 $ 599 --
Total Street
Closure Costs**
$ 5,568 $ 9,212 $ 2,599 $ 4,421 --
Event Planning/Management
Staff $ 5,391 $ 5,391 $ 3,978 $ 3,978 $ 764
Equipment $ 1,335 $ 1,333 $ 1,670 $ 1,670 $ 1,170
Office Supplies $ 100 $ 100 $ 35 $ 35 $ 25
Advertising $ 1,135 $ 1,134 $ 800 $ 800 $ 1,085
Total Planning/
Management $ 7,960 $ 7,960 $ 6,483 $ 6,483 $ 3,044
TOTAL $ 13,528 $ 17,172 $ 9,082 $ 10,904 $ 3,044
6.1.a
Packet Pg. 108 Attachment: Attachment 1 - Special Event Costs (Special Events) ATTACHMENT 2
STREET CLOSURE EQUIPMENT COSTS
Polycade
Traffic
Barricade
Metal Crowd
Control
Barricade
Type 1 Folding
Barricade
Solar
Barricade
Light
Purchase
Quantity 30 110 100 40
Total $ 19,100 $ 17,700 $ 11,400 $ 3,000
Total Purchase Cost $ 51,200
Rental
Quantity 30 110 140 --
Cost/day $6.50/barrier $5.00/barrier $2.00/barrier --
Total for 1 day $ 195 $ 550 $ 280 --
Total 1-Day Rental
Cost*
$ 1,025
*Does not include delivery costs. The current delivery cost is $77 but could increase due to the size of the K-Rails.
6.1.b
Packet Pg. 109 Attachment: Attachment 2 - Street Closure Equipment Costs (Special Events) PATTERSON SPECIAL EVENTS May 2, 2023
6.1.c
Packet Pg. 110 Attachment: Special Event - Presentation (Special Events)
DISCUSSION
Scheduled Special
Events
Special Events Location Street Closure
Equipment
6.1.c
Packet Pg. 111 Attachment: Special Event - Presentation (Special Events)
SCHEDULED CITY RUN SPECIAL EVENTS
Safety Day
- 5/6
- 2:30 – 7:30 PM
- Patterson Aquatics Center
Movie Night – Summer Series
- 6/15, 6/29, 7/13, 7/27
- Dusk
- Tilton Park
Baseball Movie Night
- 8/5
- Dusk
- T.W. Patterson Sports Complex
Farm to Fork
- 9/9
- 6 – 9 PM
- Downtown
6.1.c
Packet Pg. 112 Attachment: Special Event - Presentation (Special Events)
DOWNTOWN SPECIAL EVENTS
Scheduled Community Events:
Love Patterson
Apricot Fiesta
Farm to Fork Fundraiser Dinner
Christmas Festival & Parade
Lighting of the park
Possible Downtown Events
Skate the Circle
Movies in the Park
Downtown Halloween Event
Harvest Festival
Arts and Crafts Events
6.1.c
Packet Pg. 113 Attachment: Special Event - Presentation (Special Events)
SPECIAL EVENTS LOCATION
Downtown
§ Draws people downtown
§ Street closures
§ Oversight
§ Cost
§ $17,172 - $9,082
City Parks and Facilities
§ Easier to Manage
§ Throughout the community
§ Cost
§ $3,044
6.1.c
Packet Pg. 114 Attachment: Special Event - Presentation (Special Events) City Facility
Downtown Full Circle Closure Downtown 1 Street Closure
Weekday Night & Weekend Weekday Night & Weekday
Street Closure/Opening Costs
Labor $ 3,648 $ 6,816 $ 1,824 $ 3,408 --
Equipment $ 1,011 $ 1,011 $ 337 $ 337 --
Delivery $ 77 $ 77 $ 77 $ 77 --
Street Sweeper $ 84 $ 84 -- -- --
Admin Fee $ 748 $ 1,224 $ 361 $ 599 --
Total Closure Cost $ 5,568 $ 9,212 $ 2,599 $ 4,421 --
Event Planning/Management
Staff $ 5,391 $ 5,391 $ 3,978 $ 3,978 $ 764
Equipment $ 1,335 $ 1,335 $ 1,670 $ 1,670 $ 1,170
Office Supplies $ 100 $ 100 $ 35 $ 35 $ 25
Advertising $ 1,135 $ 1,135 $ 800 $ 800 $1,085
Total Planning $ 7,960 $ 7,960 $ 6,483 $ 6,483 $ 3,044
TOTAL $ 13,528 $ 17,172 $ 9,082 $ 10,904 $ 3,044
6.1.c
Packet Pg. 115 Attachment: Special Event - Presentation (Special Events)
STREET CLOSURES
§ Public Works, rented equipment
§ Current equipment: metal crowd control gates
6.1.c
Packet Pg. 116 Attachment: Special Event - Presentation (Special Events)
6.1.c
Packet Pg. 117 Attachment: Special Event - Presentation (Special Events)
STREET CLOSURE EQUIPMENT
§ Public Works, rented equipment
§ Current equipment: metal crowd control gates
§ Safety concern
§ Recommend closure equipment
§ K-Rail barricade
§ Metal crowd control barricade
§ Folding barricade
6.1.c
Packet Pg. 118 Attachment: Special Event - Presentation (Special Events)
6.1.c
Packet Pg. 119 Attachment: Special Event - Presentation (Special Events) Solar Barricade Light Type 1 Folding
Barricade
Metal Crowd Control
Barricade
Polycade Traffic
Barricade (K-Rail)
Purchase
Quantity 30 110 100 40
Total $ 19,100 $ 17,700 $ 11,400 $ 3,000
Total Purchase Cost $ 51,200
Rental
Quantity 30 110 140 --
Cost/day $ 6.50/barricade $5.00/barricade $2.00/barricade -- Total for 1 day* $ 195 $ 550 $ 280 --
Total 1 Day Rental** $ 1,025
* Large events usually require multiple-day rentals.
** Does not include delivery costs.
6.1.c
Packet Pg. 120 Attachment: Special Event - Presentation (Special Events)
DISCUSSION
SPECIAL EVENT
PRIORITIES
§ Downtown vs. City Facilities
§ Type
§ Quantity
STREET CLOSURE
EQUIPMENT
§ Equipment Type
§ Rent vs. Buy
6.1.c
Packet Pg. 121 Attachment: Special Event - Presentation (Special Events)
THANK YOU
6.1.c
Packet Pg. 122 Attachment: Special Event - Presentation (Special Events) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Jennifer Riedeman, Finance Director
MEETING DATE: May 2, 2023
ITEM NO: 7.1
SUBJECT: Adopt Resolution No. 2023- 22 Approving the City of Patterson Mid-Year Adjustments to the Budget for the Fiscal Year 2022-23.
RECOMMENDATION
Motion to Adopt Resolution No. 2023- 22 Approving the City of Patterson Mid-Year adjustments to the Budget for the Fiscal Year 2022-23.
BACKGROUND
Staff is submitting the Mid-Year Budget Review Report and proposed budget adjustments based on the information reviewed as of approximately mid-year. The adjustments include expenditure appropriations and a revenue adjustment.
ANALYSIS
A presentation will be made to the City Council outlining the mid-year budget review for FY 2022-23.
General Fund
Total revenues are estimated for the fiscal year at $24.1 million, approximately $6 million less than the recommended adjusted budget of $30.2 million. Revenues are estimated higher in the categories of Property Taxes. However, Intergovernmental Revenues, including grants and Sales Tax, which were included in the budget but not received are resulting in an overall lower than budget estimate.
7.1 Packet Pg. 123
Total expenditures are estimated to end the year at $23.6 million, approximately $5.8 million lower than the recommended adjusted budget of $29.4 million. Expenditures are under-budget in all major categories and is expected due to the vacancies of positions during the fiscal year and the normal under-spending of expenditures. Capital outlay is under budget due to the delay in the purchase of fire vehicles and other projects that are still in progress.
Total requested budget adjustments for mid-year are $1,013,639 and are outlined in the attachments to the Mid-Year Budget Review Report (Exhibit A).
Enterprise Funds
Estimated Revenues are on target with budget and Estimated Expenses are lower than Adjusted Budget. The Enterprise Funds are all Estimated with Ending Balances greater than budgeted.
Total requested budget adjustments for mid-year are $6,300 for the reclassification of staff funded in part by the Sewer and Water funds and are outlined attachments to the Mid-Year Budget Review Report (Exhibit A).
Other Funds
Staff recommended mid-year adjustments are included in the Adjusted Budget, where applicable, and adjustments to all funds are detailed in the attachments to the Mid-Year Budget Review Report (Exhibit A), and are summarized below:
Fund 305 - Beautification Committee received additional revenue in the amount of $620 from donations.
Fund 327 - Street Projects requires an increase in expenditure budget in the amount of $185,000 for the I-5/Sperry Avenue Interchange Design that was originally slated for Phase II due to the early completion of other tasks completed for Phase I.
Funds 205 & 252 - Patterson Public Financing Funds - increase in expenditure budget in the amount of $201,000 for debt service expenditures due to prepayments received from property owners that were used to call bonds.
FISCAL IMPACT
The budget adjustment for FY 2022-23 City-wide fiscal impacts are as follows:
City wide (Amounts in thousands)
Revenues $ 301,620
Expenditures
Labor Agreements (1,297,100)
PO Carryovers (1,291,330)
Departmental Amendments (1,106,559)
7.1 Packet Pg. 124
Total Expenditure Amendments (3,694,989)
Net Adjustments ($3,393,369)
7.1 Packet Pg. 125
RESOLUTION NO. 2023-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PATTERSON APPROVING THE FISCAL YEAR 2022-23 MID YEAR
BUDGET REVIEW REPORT AND ADOPTING ITS
RECOMMENDATIONS FOR REVISING THE FISCAL YEAR 2022-23
OPERATING AND CAPITAL BUDGETS
WHEREAS, the City is required by law to approve a budget prior to the beginning of each fiscal year, and finds it prudent to review the status of the budget at Mid-Year each year; and
WHEREAS, the Finance Director and other City Department Heads have undertaken a thorough review and projected revenues and expenditures for the remainder of the fiscal year; and
WHEREAS, the City Council of City of Patterson has been presented with a Mid-Year Budget Review Report, and Staff recommendations; and
WHEREAS, the City Council has reviewed the Mid-Year Budget Review Report and wishes to approve and adopt the Staff recommendations and authorize the Finance Department to make the necessary adjustments to the budgets; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson hereby approves and adopts the Staff recommendations included in the Mid-Year Budget Review Report presented by the City Manager.
The foregoing resolution of the City Council of the City of Patterson was passed by the City Council at a special meeting held on the 2
nd day of May 2023, by ______________, who
moved its adoption, which motion was duly seconded by _______________, and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
__________________________________________
Michael Clauzel
Mayor of the City of Patterson
7.1.a
Packet Pg. 126 Attachment: Resolution No. 2023-22 Mid Year FY 22-23 (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) ATTEST:
___________________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a special meeting held on the 2 nd day of May 2023, and I further certify that
said resolution is in full force and effect and has never been rescinded or modified.
DATED:
___________________________________
City Clerk of the City of Patterson
7.1.a
Packet Pg. 127 Attachment: Resolution No. 2023-22 Mid Year FY 22-23 (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) Exhibit A
CITY OF PATTERSON
Mid-Year Budget Review Report
Fiscal Year 2022-23
OVERVIEW
The City Council approved the Fiscal Year 2022-23 Adopted Budget on June 21, 2022. The MidYear Budget Status Report provides a tool for the City of Patterson (City) to monitor its finances, including the progress of the City’s economic recovery. This report provides an update of the City’s budgetary position at approximately midway in the fiscal year.
At mid-year, the Fiscal Year 2022-23 estimated General Fund revenues are $24.1 million, $6 million lower than budgeted. However, Expenditures are estimated at $23.6 million, $5.8 million below the Adjusted Budget (The Adjusted Budget includes staff’s mid-year recommended adjustments). The General Fund is currently estimated to end the fiscal year with a balance of $21.2 million, just slightly higher than the $21.1 million Adjusted Budget.
The major components to this report include the following:
I. Economic Update
An economic update on National, State, and local trends provides context to the Fiscal Year 2022-23 Mid-Year Budget Status Report.
II. Fiscal Year 2022-23 Mid-Year Budget Status Summary
This section of the report provides an estimated Fiscal Year 2022-23 operating results based on current revenue and expenditure trends for the fiscal year.
III. Proposed Mid-Year Budget Amendments
This section of the report includes proposed mid-year budget amendments, including amendments for newly approved labor agreements, for Fiscal Year 2022-23.
7.1.b
Packet Pg. 128 Attachment: FY 22-23 Mid Year Budget Report - Exhibit A (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) 2 BACKGROUND AND ANALYSIS
I. ECONOMIC UPDATE
The economic conditions discussed below help inform the Fiscal Year 2022-23 Mid-Year Budget Status Report.
National
Inflation has been a major driver in the economy over the past year. As the national economy continues to recover from the COVID-19 pandemic, the Federal Reserve’s primary focus has been to rein in inflation. Inflation has been driven by factors related to initial government spending during the beginning of the pandemic, including stimulus checks, along with low interest rates helping to increase demand. At the same time, supply was being reduced in anticipation of slowing demand, and supply chain issues also reduced the supply of goods.
During the pandemic and recovery there has been a major shift in employment and priorities leading to a strong jobs market. Job creation remains strong and the unemployment rate at
3.4% is the lowest it has been in over 50 years. This has also placed upward pressures on pricing.
On top of the supply and demand imbalance and the increase in labor costs, the Invasion of Ukraine by Russia has contributed to the rise in inflation. Oil prices soared as countries attempted to find other sources of oil and lower their dependence on Russian oil. In addition, to millions of people being displaced, there has been a major impact to the global food supply, including wheat and corn. These factors are contributing to inflation. As shown in the chart below, annual inflation hit a peak of 9.1% in June 2022 and has declined to 6.5% in December 2022.
7.1.b
Packet Pg. 129 Attachment: FY 22-23 Mid Year Budget Report - Exhibit A (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) 3 Source: U.S. Labor Department
In response to the high inflation rates experienced in the national economy, the Federal Open Market Committee (FOMC) has raised the Federal funds rate nine times since March 2022 to slow down inflation. The FOMC raised interest rates by 4.25% in 2022 alone, the most in a single year since the 1980s. These increases have helped curb inflation, but more increases are still on the horizon to reduce inflation to the target rate of 2%.
State
In January 2023, Governor Gavin Newsom released his Fiscal Year 2023-24 Proposed Budget, which projects a $22.5 billion shortfall. Because the State Constitution requires the budget to be balanced, the Governor has proposed a combination of solutions to address the budget shortfall, including delays or reductions in previously planned spending and cost shifts, but not the use of the State’s substantial reserves, which are projected to total $35.6 billion as of June 30, 2024.
According to the Legislative Analyst’s Office (LAO) of the State of California, the Governor’s emphasis on spending solutions, rather than the use of reserves to address the budget problem, is prudent. The LAO believes there is a higher probability for revenues to come in lower than the administration’s projections for Fiscal Years 2022-23 and 2023-24 and recommends the Legislature plan for a larger budget gap. In response to the larger-thanexpected budget gap, the LAO recommends the Legislature should identify more spending reductions, including reductions to one-time and temporary spending.
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
9.0%
10.0%
Annual Inflation Rates
7.1.b
Packet Pg. 130 Attachment: FY 22-23 Mid Year Budget Report - Exhibit A (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) 4 The State’s budget shortfalls could have potential impacts to city revenues, particularly in the form of Grants.
Local
The local economy continues to experience a rebound from the COVID-19 pandemic. Patterson benefits from a more diverse revenue structure including Measure L, the ½ cents transaction and use tax over 25 years, SB1 revenue and new businesses such as the Loves Travel Center, Valero Gas Station, Grocery Outlet, and others. New businesses that will be coming to Patterson include a new 1,000,000 sf industrial Warehouse, a 120,000-sf furniture manufacturing company and Dutch Bros Coffee. A new truck maintenance facility was recently added to the Loves Travel Center and the 700,000-sf building in the Keystone Business Park is completed. The Villages of Patterson project has sold approximately 400 homes to date.
II. FISCAL YEAR 2022-23 MID-YEAR BUDGET STATUS SUMMARY
The Mid-Year Budget Status Report represents staff’s best estimate of the City’s budgetary position at this point in time, approximately midway through the fiscal year, and making certain assumptions regarding revenues and expenditures for the remainder of the fiscal year. This section of the report includes a discussion of Fiscal Year 2022-23 revenue and expenditure estimates compared to budget for major funds.
7.1.b
Packet Pg. 131 Attachment: FY 22-23 Mid Year Budget Report - Exhibit A (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) 5 A comparison of mid-year estimated amounts to budget for the General Fund follows (dollars in thousands):
2022-23
Adopted
Budget
2022-23
Adjusted
2022-23
Estimated
Variance of
Estimated
to Adjusted
Revenues
Taxes
Property
Sales
Other
Licenses and Permits
Charges for Services
Intergovernmental
Miscellaneous
Total Revenues
$ 6,926
13,081
462
1,994
530
6,507
399
29,899
$ 6,926
13,081
462
1,994
530
6,507
699
30,199
7,097
12,944
632
894
299
1,209
1,040
24,115
172
(137)
170
(1,100)
(231)
(5,299)
341
(6,084)
Expenditures
Salaries and Benefits
Maintenance & Operations
Capital Outlay
Debt Service
Total Expenditures
(12,472)
(12,007)
(3,254)
(209)
(27,942)
(13,282)
(12,340)
(3,614)
(209)
(29,445)
(11,844)
(9,580)
(2003)
(209)
(23,636)
1,438
2,760
1,612
-0-
5,810
Revenues Over
(Under) Expenditures
Issuance of bonds
Transfers In
Transfers Out
Change in Balance
(1,957)
-0-
4,275
(2,339)
3,893
754
-0-
4,275
(2,339)
2,689
(479)
-0-
3,116
(780)
2,815
(274)
-0-
(1,159)
1,559
126
Beginning Balance 18,426 18,426 18,426 -0-
Ending Balance $22,319 $21,115 $21,241 $126
_______________________________
Adjusted Budget includes staff Mid-year Budget recommendations pending approval by the City Council.
Miscellaneous Revenues includes Fines and Forfeitures, Investment Earnings and Other Miscellaneous Revenues
7.1.b
Packet Pg. 132 Attachment: FY 22-23 Mid Year Budget Report - Exhibit A (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) 6 General Fund
Revenues
The chart below is a comparison of the Fiscal Year 2021-22 Audited and Fiscal Year 2022-23 Adopted and Estimated for General Fund major revenue categories. _______________________________
Other Taxes include Franchise Fees and Transient Occupancy Taxes; Miscellaneous includes Fines and Forfeitures, Investment Earnings and other Miscellaneous Revenues.
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
General Fund Revenues
FY 21-22 Audited FY 22-23 Adopted FY 22-23 Estimated
7.1.b
Packet Pg. 133 Attachment: FY 22-23 Mid Year Budget Report - Exhibit A (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) 7 Estimated results of the major revenue categories, Property Taxes and Sales Tax are trending higher than budget. A detailed discussion of major revenue categories is as follows:
Taxes represent the major sources of revenue for the City including property taxes, sales taxes and other local taxes.
Property Taxes is estimated at $7.1 million, higher than the budget by $171,581 or 2.5%. The Fiscal Year 2022-23 Adopted Budget included projected growth based on a positive 2.0% CCPI applied to most properties plus increased values related to changes in ownership and new development.
Sales Tax revenue is currently estimated at $12.9 million, $137,229 lower than the original budget. However, the estimate is higher than last year’s actuals of $12.3 million primarily due to new businesses continuing to choose Patterson to locate, including Loves Travel Center, Dutch Bros. Coffee, Grocery Outlet and others.
Other Local Taxes represent Franchise Fees and Transient Occupancy Taxes and is estimated higher than budgeted by $170,000.
Licenses and Permit is estimated at $894,00 or $1.1 million lower than budget. This is primarily due to the Cannabis program not realizing the revenues projected.
Charges for Services revenue is estimated at $299,000, which is $231,000 less than budgeted primarily due to lower than budgeted revenues in COPS AB 3229 and Fire Permits.
Intergovernmental revenue is estimated at $1.2 million, $5.3 million less than budgeted as grants for Urban Greening, Prop 68, Safer, SJVAPCD and FEMA have not yet been received. In the future grants will be budgeted only after the grants are awarded to the City, rather than budgeting funds not yet committed to the City.
Miscellaneous Revenues include Fines & Forfeitures, Investment Earnings and other miscellaneous revenues. Miscellaneous Revenues are estimated at $1.0 million, $341,000 higher than the Adjusted Budget, primarily due to a payment from the Speno and Patterson Hotel Association and higher than budgeted Salary Reimbursements.
Expenditures
The underspending of expenditures, or budget savings, are expected each fiscal due to vacant positions and not expenditures are incurred during the fiscal year. Total estimated expenditures are $23.6 million, $5.8 million less than the Adjusted Budget.
7.1.b
Packet Pg. 134 Attachment: FY 22-23 Mid Year Budget Report - Exhibit A (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) 8 A brief explanation of the assumptions and changes in expenditures follows:
Salaries and Benefits expenditures are estimated at $11.8, $1.4 million or 10.8% below the adjusted budget. Savings in Salaries and Benefits are expected as not all positions are filled for the entire fiscal year. The Adjusted Budget and Estimated includes the projected expenditures for salary and benefit increases for all labor groups related to the recently approved agreements and an estimate for the remaining Fire group that is still pending.
Maintenance & Operations expenditures are estimated at $9.5 million, $2.7 million below the Adjusted Budget. The variance is primarily the result of the normal underspending of expenditures.
Capital Outlay expenditures are estimated at $2 million, $1.6 million lower than the Adjusted Budget. Many Capital Outlay expenditures have been delayed, including improvements to Centennial Park, Aquatic Center, Hammon Senior Center, Sports Park, North and South parks are in progress, but many of the funds will need to be carried forward into the new fiscal year to complete these projects.
Interfund Transfers In are estimated at $3.1 million, $1.2 million lower than budgeted. This is primarily due to a variety of transfers that are calculated based on expenditures, where expenditures were lower than budgeted.
Interfund Transfers Out are estimated at $780,000, $1.6 million less than budgeted. This is related to the $1.6 million to fund projects to be reimbursed by Grants that have not been received.
Debt Service is estimated at $209,000, the same as budgeted.
Patterson Public Financing Authority (Funds 205 and 252) The Patterson Public Financing Authority (“PPFA”) was formed in 2001 pursuant to a joint exercise of powers agreement between the City of Patterson and the former Redevelopment Agency of the City of Patterson. The Authority is authorized to borrow money for the purpose of financing the acquisition of bonds, notes, and other obligations of, or for the purpose of making loans to, public entities, including the City and to provide financing for public capital improvements for lease to public entities, including the City. The members of the City Council also sit as the Board of Directors of the Authority.
7.1.b
Packet Pg. 135 Attachment: FY 22-23 Mid Year Budget Report - Exhibit A (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) 9 A comparison of mid-year estimated amounts to budget for Patterson Public Financing Authority follows (dollars in thousands):
2022-23
Adopted
Budget
2022-23
Adjusted
Budget
2022-23
Estimated
Variance of
Estimated to
Adjusted
Budget
Revenues $3,535 $3,535 $3,669 $ 134
Debt Service (6,304) (6,505) (6,505) -0-
Revenues Over
(Under) Expenditures (2,769) (2,970) (2,836) 134
Transfer In
Transfer Out
523
(1,000)
523
(1,000)
523
(1,000)
0 0
Change in Balance (3,246) (3,247) (3,313) 134
Beginning Balance 60,662 60,662 60,662 -0-
Ending Balance $57,416 $57,215 $57,349 $134
________________________________________________________ 1Adjusted Budget includes staff Mid-year Budget recommendations pending approval by City Council.
Revenues are estimated at $3.7 million, $134,000 higher than budgeted. Debt Service is estimated at $6.5 million, $201,000 higher than the Adopted Budget. This is the result of bond calls made at the time of the debt service payment. Bond calls are paid for from prepayments received from the property owners. The amount budgeted is insufficient because the budget did not include any estimated bond calls, therefore, staff is recommending an additional $201,000 appropriation to match the actual debt service requirements. The additional budget of $201,000 is included in the Adjusted Budget.
Enterprise Utility Funds
The City’s three enterprise utility funds (Water, Sewer, and Garbage) are funded by the rates charged to customers. A rate study for each of the utilities is performed every 5 years, with rates modifications developed for the 5-year period. The rates are designed to comply with Article 13D of the California Constitution and to a) recover the City’s cost of providing water, sewer or garbage services, and b) allocate costs in proportion to the cost for serving each customer class.
Water Fund
This fund accounts for all financial transactions relating to the City's water service. Services are on a user charge basis to residents and business owners in Patterson. The city owns and operates its own water system and provides service to approximately 7,000 customers.
7.1.b
Packet Pg. 136 Attachment: FY 22-23 Mid Year Budget Report - Exhibit A (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) 10 Groundwater wells are the City’s sole source of water supply. The city operates nine wells and three water storage facilities. The city continues to invest in expanding its water infrastructure to meet the demands of rapid population growth.
A comparison of mid-year estimated amounts to budget for the Water Fund follows (dollars in thousands):
2022-23
Adopted
Budget
2022-23
Adjusted
Budget
2022-23
Estimated
Variance of
Estimated to
Adjusted
Budget
Charges for Services
Other Revenues
Total Revenues
$ 7,441
182
7,623
$ 7,441
182
7,623
$ 7,131
566
7,697
$ (310)
384
74 Expenditures (4,350) (4,755) (3,911) 834
Operating Balance 3,273 2,868 3,776 908
Debt Service (849) (849) (849) -0-
Capital Projects
Capital Contribution
Transfers In
(10,757)
1,930
963
(10,757)
1,930
963
(5,428)
1,930
911
5,329
-0-
(52)
Transfers Out (2,809) (2,809) (2,496) 313
Changes in Balance (8,249) (8,654) (2,156) 6,498
Beginning Balance 25,133 25,133 25,133 -0-
Ending Balance $16,884 $16,479 $22,977 $6,498
_________________________________________________________ 1Adjusted Budget includes staff Mid-year Budget recommendations pending approval by City Council.
Water rates were increased 11% each year from 2018-2022. The combination of incremental rate increases and prudent fiscal management has allowed the City to cover expenditures and build fund reserves.
The latest water rate study was completed in 2022 and recommended overall rate increases of
2.0% each year over the next five years. Rate increases are proposed to be effective January 1 of each year. In the rate study, a survey was conducted comparing the typical water bills of regional agencies. Based on the survey performed, Patterson’s typical monthly residential water bill is in the middle range in the region.
There are two outstanding bond issues, Water Revenue Bonds, Series 2019A and 2019B. There is also a State Revolving Fund Loan for the water meter retrofit program outstanding.
Total revenues are estimated at $7.7 million, slightly higher than budgeted. Water Service Charge Revenues are estimated lower than budget, primarily due to a wet winter. Other
7.1.b
Packet Pg. 137 Attachment: FY 22-23 Mid Year Budget Report - Exhibit A (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) 11 Revenues are higher than budget due to higher Late and Credit Card Fees received. The Water Fund collects these fees and reallocates the fees to the other utilities at year end.
Operating expenditures are estimated at $3.9 million, $834,000 (17.5%) below the Adjusted Budget. The underspending of expenditures is normal and expected as not all positions are filled for the entire fiscal year and not all budgeted expenditures are spent.
Capital Project Outlay is less than the budget as not all projects are completed. The Other Financing Source of $1.9 million is for a State Revolving Fund Loan for the Water Meter Replacement Project. As the project has expended the $1.9 million, it is estimated the full loan will be drawn by year end. The Water Fund is estimated to have an ending balance of $22.9 million, $6.5 million higher than the Adjusted Budget of $16.5 million.
Sewer Fund
This fund accounts for all financial transactions relating to the City's wastewater collection and treatment. The city provides wastewater service to approximately 6,700 customers, on a user charge basis. The majority are single family residents, and approximately 542 customers in Diablo Grande. The city owns, operates and maintains its own wastewater system which includes a treatment plant, three lift stations, and a collection system.
7.1.b
Packet Pg. 138 Attachment: FY 22-23 Mid Year Budget Report - Exhibit A (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) 12 A comparison of mid-year estimated amounts to budget for the Sewer Fund follows (dollars in thousands):
2022-23
Adopted
Budget
2022-23
Adjusted
Budget
2022-23
Estimated
Variance of
Estimated to
Adjusted
Budget
Charges for Services
Other Revenues
Total Revenues
$ 5,304
131
5,435
$ 5,304
131
5,435
$ 5,238
42 5,280
$ (66)
(89)
(155)
Expenditures (4,145) (5,083) (4,847) 236
Operating Balance 1,290 352 433 81
Debt Service (611) (611) (611) -0-
Capital Projects
Other Financing Sources
Transfers In
(13,798)
2,000
10,149
(13,798)
2,000
10,149
(4,810)
1,244
3,152
8,988
(756)
(6,997)
Transfers Out (731) (731) (369) 362
Changes in Balance (1,701) (2,639) (961) (1,678)
Beginning Balance 18,373 18,373 18,373 -0-
Ending Balance $16,672 $15,734 $17,412 $(1,678)
___________________________________
1Adjusted Budget includes staff Mid-year Budget recommendations pending approval by City Council.
The 2020 Sewer Rate study proposed rate increases of 6% each year. The first increase was effective January 1, 2022, subsequent rates are effective each July 1 through July 1, 2025.
The Sewer Fund accounts for five outstanding debt issues and an additional CWSFR loan.
Total revenues are estimated at $5.3 million, $155,000 (2.9%) lower than the budget. Charges for services are essentially as budgeted and may be slightly lower due to some commercial sewer is tied to water usage and there was less water usage due to a wet winter. Other Revenues are below budget due to late fees to be allocated and solar rebate revenues not received.
Estimated operating expenditures of $4.8 million are trending $236,000 (4.6%) below budget.
This is primarily due to the normal underspending of the budget and vacant positions during the fiscal year. Capital Outlay is less than budget as projects continue to progress, and correspondingly Interfund Transfers In are less than budgeted. Other Financing Sources of $2.0 million represent the State Revolving Fund Loan for the WQCF Administration Building Project.
The project is not yet completed so the estimated loan to be received is lower than budgeted.
7.1.b
Packet Pg. 139 Attachment: FY 22-23 Mid Year Budget Report - Exhibit A (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) 13 The fund is estimated with an ending balance of $17.4 million, $1.7 million higher than the Adjusted Budget.
Garbage Fund
This fund accounts for all financial transactions relating to the City's garbage services. Services are on a user charge basis to residents and business owners located in Patterson. The city operates and maintains a solid waste system that serves approximately 6,700 customers, primarily residential. The City contracts with a third party to collect and dispose of its solid waste and has a contract with the County of Stanislaus to use its solid waste disposal sites.
A comparison of mid-year estimated amounts to budget for the Garbage Fund follows (dollars in thousands):
2022-23
Adopted
Budget
2022-23
Adjusted
Budget
2022-23
Estimated
Variance of
Estimated to
Adjusted
Budget
Charges for Services $3,982 $3,982 $4,063 $ 81
Other Revenues 81 81 21 (60)
Total Revenues 4,063 4,063 4,084 21
Total Expenditures (3,880) (4,245) (3,735) 510
Operating Balance
Transfers Out
183
(773)
(182)
(773)
349
(497)
531
276
Changes in Balance (590) (955) (148) 807
Beginning Balance 1,461 1,461 1,461 -0-
Ending Balance $ 871 $ 506 $1,313 $807
__________________________________________________________________ 1Adjusted Budget includes staff Mid-year Budget recommendations pending approval by City Council.
The last Solid Waste Rate study was done in 2019 and proposed rate increases of 4.9% each fiscal year from FY 2019-20 through FY 2023-24.
Service Charge revenues are estimated at $4.1 million, $81,000 (2%) higher than budget. Other Revenues are estimated at $21,000, below the Adjusted Budget due to late fees to be allocated at year end.
Estimated expenditures of $3.7 million are trending $510,000 (12%) below adjusted budget.
This is due to the normal underspending of the budget and vacant positions that occurs during the fiscal year. Transfers out are below budget by $267,000 due to the admin cost to the General Fund being lower than budget.
7.1.b
Packet Pg. 140 Attachment: FY 22-23 Mid Year Budget Report - Exhibit A (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) 14 The fund is estimated with an ending balance of $1.3 million, $807,000 higher than the Adjusted Budget.
IV. RECOMMENDED MID-YEAR BUDGET ADJUSTMENTS
The mid-year budget review provides an opportunity for the city to adjust the budget to recognize unanticipated revenues and costs and to propose expenditures to address highpriority community and operational needs. Any proposed adjustments are made with consideration of the resources needed to provide services to the public and the fiscal capacity to fund this level of resources. Each department continuously reviews its programs and operations, as well as changing conditions and emerging community needs.
The following sections describe the proposed mid-year adjustments and recommendations.
Salary Plan Changes
On December 20, 2022, the Council approved Memorandum of Understandings (MOUs) for American Federation of State, County, and Municipal Employees (AFSCME) and Patterson Management and Mid-Management Employee Association (PMMEA) effective July 1, 2022, through June 30, 2025. On March 14, 2023, the Council also approved salary and benefits for Unrepresented employees. As these agreements and other agreements were not finalized prior to budget adoption, the cost implications were not included in the budget for Fiscal Year 22-23. The estimated costs associated with these agreements were included in the agenda reports, however, the request for the associated appropriations was not. Therefore, staff is proposing to include the fiscal impact of the associated labor agreements and pending agreement with Fire to be included as Mid-year adjustments as follows:
Salaries & Benefits
General Fund $ 747,000
CFD Fund 84,100
Water Fund 195,800
Sewer Fund 197,700
Garbage Fund 72,500
Total $1,297,100
Purchase Orders outstanding at Fiscal Year End
At the end of each fiscal year, there are typically purchase orders for goods and services that were issued during the fiscal year, but not completed by the end of the fiscal year. Typically, these purchase orders and the associated budget are carried over into the new fiscal year.
However, due to staff turnover during this past year, the appropriations for the outstanding purchase orders were not carried over into the new fiscal year. The Purchas Orders in the amount of $1.2 million needs to be reappropriated for the current fiscal year. A listing of the
7.1.b
Packet Pg. 141 Attachment: FY 22-23 Mid Year Budget Report - Exhibit A (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) 15 purchase orders, with account numbers, vendor name, description and amounts is included as Attachment 1.
Other Miscellaneous Recommended Mid-Year Adjustments
Departments have requested other miscellaneous Mid-year Adjustments totaling $1.4 million.
The major recommendations are as follows:
• $300,000 Revenue increase for the County Tax Sharing Agreement • $281,000 for Council Chambers AV project. The funds were budgeted in the prior fiscal year, but not carried over to the new fiscal year. The project has been completed and expended in the current fiscal year; therefore, the budget needs to be reestablished for FY 2022-23.
• $250,000 for Aid to Nonprofit – Safehouse for children • $185,000 to continue the design phase of the I-5/Sperry Avenue interchange project.
The design is moving quicker than originally planned and this adjustment is recommended to keep the design moving forward.
• $50,000 for a new vehicle in Recreation
• $201,000 for additional debt service not budgeted due to bond calls from prepayments received from property owners.
A listing of all recommended increases is included as Attachment 2.
Attachments
1. Recommended Purchase Order carry over Mid-year Adjustments
2. Recommended Other Miscellaneous Mid-year Adjustments
7.1.b
Packet Pg. 142 Attachment: FY 22-23 Mid Year Budget Report - Exhibit A (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) Attachment 1
Purchase Orders
PO Year End Encumbrance
User: kwilliams
Printed: 04/18/2023 - 5:40PM
Fiscal Year: 2022
GL Account
PO Number Vendor Name Line Description Rolled Amount Total Rolled Amount 100-000-2738 52,083.32
0020220092 Willdan Impact Fees Study (92.8% Zacharias North) 20,545.92 0020220188 Woodard & Curran, Inc. Del Puerto Creek Stormwater - Engineering Services 31,537.40 100-000-2739 4,137.01
0020220092 Willdan Impact Fees Study (7.2% Zacharias South) 1,594.08 0020220188 Woodard & Curran, Inc. Del Puerto Creek Stormwater - Engineering Services 2,542.93 100-100-6702 2,124.52
0020210173 Fastenal Company PPE Supplies, suits, gloves, masks disinfecting supplies 2,124.52 100-120-6607 2,273.01
0020220196 Street Decor Inc. Hometown Heroes Banner 2,273.01 100-400-6300 718.12
0020220101 Robic Refrigeration Inc. Repairs to ice machine / West Stan will pay 50% 718.12 100-400-7510 11,288.53
0020220379 CDW Government, Inc. Cradlepoint router for new engines 1,617.31 0020220380 Fastenal Company Gas monitor replacement/for new apparatus 3,758.25 0020220384 The Rugged Store MDC mount for new apparatus 226.97 0020220422 Specialty Hose Xpress Hose for new apparatus 5,686.00 100-710-6315 564.53
0020220407 Bonander Truck (2) Parks Trucks Accessories 564.53 100-710-6316 5,844.59
0020220414 ABM Electrical Power Services LLC Repair Parts of EV charging station after vandalism. Only vendor with parts available. Grainger was out 5,844.59 100-781-6315 7,960.96
0020220282 Vicent's Quality Rebuilders Engine Repair 6,000.00 0020220389 Cal-Line Equipment, Inc Parts for Veh 122 627.98 0020220390 Cal-Line Equipment, Inc Parts for Veh 122 1,332.98 103-000-7503 11,981.06
0020220054 Curtis Tools for Heroes 20 sets of turnouts 11,981.06 190-405-7503 7,530.28
0020220379 CDW Government, Inc. Cradlepoint router for new engines 1,617.31 0020220384 The Rugged Store MDC mount for new apparatus 226.97 0020220422 Specialty Hose Xpress Hose for new apparatus 5,686.00 329-000-7300 8,571.61
0020220080 Silicon Constellations Mid-year adjustment FY 21/22 Sperry & 9th lighted crosswalk 8,571.61 404-000-7577 53,724.00
0020220267 Barton Overhead Door Doors for Old Corp Yard 53,724.00 410-000-7550 1,300.17
0020210408 David L Gates & Associates, Inc Patterson Parks and Recreation Master Plan Update 1,300.17 415-000-7574 8,945.75
0002020345 Stantec Consulting Ser., Inc. Project - Full Trash Capture System (Olive Avenue Basin) Project, Phase 1 (Task 200) 4,852.18 0002020345 Stantec Consulting Ser., Inc. Project - Full Trash Capture System (Olive Avenue Basin) Project, Phase 1 (Task 100) 4,093.57 600-790-6605 4,335.22
0020220419 Ward Promotional Marketing Sol Back to school outreach materials 4,167.72 0020220419 Ward Promotional Marketing Sol Back to school outreach materials 25.00 0020220419 Ward Promotional Marketing Sol Back to school outreach materials 142.50 600-790-7504 27,555.71
0020220132 Winner Chevy Public Works Supervisor Vehicle - New Position ($5 Ktransfered from CFD 2018-1) - Reimb. from CFDs 4,684.48 0020220132 Winner Chevy Public Works Supervisor Vehicle - New Position - Reimb. from CFDs 9,093.38 0020220132 Winner Chevy Public Works Supervisor Vehicle - New Position - Reimb. from CFDs 9,093.38 0020220132 Winner Chevy Public Works Supervisor Vehicle - New Position ($5K transfered from CFD 2013-1) - Reimb. from CFDs 4,684.47 600-790-7560 136,948.00
0020230002 Custom Truck One Source, L.P. Bucket Chipper Truck Approved Purchase by City Council 136,948.00 605-790-6221 48,673.50
0002020191 Lee & Ro, Inc. 2020-2030 Capital Improvent Budgetig Assistance for City of Patterson WQCF 6,803.50 0020210127 Lee & Ro, Inc. FY 2020/21 RWQCB Reporting Assistance Project - AIPS Workplan (Not to Exceed) 957.50 0020210128 Lee & Ro, Inc. FY 2020/21 RWQCB Reporting Assistance Project - North Ditch Capacity Request (Not to Exceed) 2,258.00 0020210129 Lee & Ro, Inc. FY 2020/21 RWQCB Reporting Assistance Project - Polyfluoroalkyl Substance Reporting (Not to Excee 6,649.50 0020220002 Lee & Ro, Inc. Groundwater Monitoring Reports for FY 21/22 (not to exceed 20k) 9,995.00 0020220105 Lee & Ro, Inc. Task 1 (Not to Exceed 20,000) 17,510.00 0020220285 Lee & Ro, Inc. EPA Biosolids Response - Amount not to exceed $4500.00 4,500.00 605-790-6300 1,837.89
0020220283 Patriot Supply Grundfos Chambert - Plant Water Supply Repair 1,837.89 605-790-6315 8,170.71
0020220111 Collicutt Energy Services Inc. Emergency Repair - Circuit Board Assembly for Emergency Generator - Labor 2,310.00 0020220111 Collicutt Energy Services Inc. Emergency Repair - Circuit Board Assembly for Emergency Generator 4,794.19 0020220111 Collicutt Energy Services Inc. Emergency Repair - Circuit Board Assembly for Emergency Generator - Software 350.00 0020220402 Valley Tire Sales, Inc. Vehicle # 124 - Tire Replacement due to safety 716.52 605-790-6415 500.00
0020220323 Hach Company Pipit Tips, Lab Supplies 500.00 605-790-6500 28,479.97
0020220307 Industrial Electrical Co. Gearbox Repair for South Aerator # 2 (This is only for the repair, does not include installation after repair 28,479.97 605-790-7504 122,288.15
0020220130 Winner Chevy Replace Vehicle # 34 - Sewer Portion 50% 15,371.17 0020220130 Winner Chevy Replace Vehicle # 34 - Sewer Portion 50% 15,371.17
7.1.c
Packet Pg. 143 Attachment: Attachment 1 - FY 22-23 Purchase Order Carry Over Adjustments (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) 0020220208 Winner Chevy Replace Vehicle # 137 91,545.81 605-791-6221 676.46
0020220135 Larry Walker Associates MS4 Phase II Storwater Permit Requirements -Partnership effort for cost sharing and regional approach 676.46 605-791-6315 871.39
0020220403 Bonander Truck Vehicle # 54 871.39
605-791-6605 938.51
0020220336 Ward Promotional Marketing Sol Fog Program Outreach 938.51 605-791-7560 498,938.41
0020220162 Owen Equipment Company Purchase of New Vactor Truck 498,938.41 605-792-7504 27,555.71
0020220131 Winner Chevy New Truck for F/T Vegetation Management 27,555.71 610-790-6315 6,011.94
0020220399 Owen Equipment Company Vehicle # 1 5,447.44
0020220407 Bonander Truck (2) Parks Trucks Accessories 282.26 0020220407 Bonander Truck (2) Parks Trucks Accessories 282.24 610-790-6410 8,200.01
0020220260 Ferguson Enterprises 1 of 3 vendors (Ferguson Water Works, BAVCO & R&B) Water stock parts based on availability for em 7,141.38 0020220281 Badger Meter, Inc. Fire Hydrant Meter - Replacement due to Damage 1,058.63 610-790-6436 4,117.52
0020220253 Home Depot U.S.A., Inc. Jet BPF 50 by 14 Gayuge Box and Pan Brake with Foot Clamp 4,117.52 610-790-6605 879.00
0020220387 Tank Town Media LLC CCR AD in Newspaper 879.00 610-790-7506 30,742.34
0020220130 Winner Chevy Replace Vehicle # 34 - Water Portion 50% 15,371.17 0020220130 Winner Chevy Replace Vehicle # 34 - Water Portion 50% 15,371.17 611-790-7586 48,264.32
0020220138 Tom Ponton Industries, Inc. Electrontic Colab Volumetric Test Potable Well 2,000.00 0020220140 Howk Wells & Equipment Co. Inc. Traina Well - Groundwater Management Activities 24,789.10 0020220230 "Water System Database and Tracking System, Phase 1" NOT TO EXCEED $17,140.00 17,140.00 0020220419 Ward Promotional Marketing Sol Back to school outreach materials 25.00 0020220419 Ward Promotional Marketing Sol Back to school outreach materials 4,167.72 0020220419 Ward Promotional Marketing Sol Back to school outreach materials 142.50 611-790-7623 106,297.59
0020220237 Badger Meter, Inc. Meter Replacement Project 9,326.34 0020220240 Water Resource Management Services Metering System Replacement Project - Engineering Services 66,900.00 0020220287 LUHDORFF AND SCALMANINI DWSRF Project #5010017-001C Metering System Replacement Project - Engieering Services during con 30,071.25 Grand Total: 1,291,329.81
PO-PO Year End Encumbrance (04/18/2023 - 5:40 PM)
7.1.c
Packet Pg. 144 Attachment: Attachment 1 - FY 22-23 Purchase Order Carry Over Adjustments (Resolution No. 2023-22 FY 22-23 Mid Year Budget Report) Attachment 2
Mid Year Budget Requests
Dept Account Type Description Revenues Requested
Amount
General Fund Sewer Water Beautification
Commission
PPFA Street Projects
16 PDW CM 100-000-5001 Revenue County Tax Sharing extra Revenue increase from 70/30 to 50/50 (300,000) 300,000 7 Public Works 305-000-5705 Revenue Donations (620) 620 9 Public Works 327-000-5795 Revenue Miscellaneous Reimbursement - Sidewalk Repair Program (1,000) 1,000 1 IT 103-000-7502 Expense Council Chambers AV Project 281,000 281,000 2 Eng,Bldg, CIP 100-305-6001 Expense Reclass Senior Civil Engineer 700 700 3 Eng,Bldg, CIP 605-760-6001 Expense Reclass Senior Civil Engineer 1,400 1,400 4 Eng,Bldg, CIP 610-790-6001 Expense Reclass Senior Civil Engineer 4,900 4,900 5 Eng,Bldg, CIP 100-305-7501 Expense Computer Equipment 6,000 6,000 6 Eng,Bldg, CIP 100-305-6145 Expense Tuition Reimbursement 1,000 1,000 8 Public Works 305-000-6410 Expense Departmental Supplies 620 620 10 Recreation 100-611-6003 Expense Salaries & Wages - PT Hammon Senior Center Maintenance 26,361 26,361 11 Recreation 100-611-6240 Expense Aramark Contract 10,000 10,000 12 Recreation 100-607-6004 Expense Salaries & Wages - PT Sports Programs 36,000 36,000 13 Recreation 100-705-7504 Expense Vehicle - Truck 50,000 50,000 14 Recreation 100-600-6505 Expense Rents & Leases - Buildings (modular) 25,528 25,528 15 PDW CM 100-500-6505 Expense Maintenance and Operations - Code Enforcement 27,050 27,050 17 PDW CM 103-000-6703 Expense Aid to Nonprofit - Safehouse for children 250,000 250,000 Expense Debt Service 201,000 201,000
Expense I-5/Sperry Ave Interchange project Design Tasks 3.1.1 to 4.2.3 185,000 185,000 Total all Requests (301,620) 1,106,559 1,013,639 1,400 4,900 1,240 201,000 186,000 Total by Fund
7.1.d
Packet Pg. 145 Attachment: Attachment 2 - FY 22-23 Mid Year Miscellaneous Adjustments (Resolution No. 2023-22 FY 22- FY 202
2-23 Mid-Year
Budget Review
1 May 2, 2023
7.1.e
Packet Pg. 146 Attachment: FY 2022-23 Mid-Year Budget Review Presentation (Resolution No. 2023-22 FY 22-23 Mid Year FY 202
2-23 Mid-Year Budget Review
2 • FY 2022-23 Total Mid-Year Adjustments
• General Fund Adjustments • Sewer Fund Adjustments • Water Fund Adjustments • Garbage Fund Adjustments • PPFA Fund Adjustments
7.1.e
Packet Pg. 147 Attachment: FY 2022-23 Mid-Year Budget Review Presentation (Resolution No. 2023-22 FY 22-23 Mid Year 3 • Salary Plan Changes $1,297,100
• Purchase Order Carry Over $1,291,330
• Departmental Requests - Exp $1,106,559
• Departmental Requests - Rev ($ 301,620)
• Total FY 2022-23 (Net Adj.) $3,393,369
Total FY 2022-23 Mid-Year Adjustments
All Funds
7.1.e
Packet Pg. 148 Attachment: FY 2022-23 Mid-Year Budget Review Presentation (Resolution No. 2023-22 FY 22-23 Mid Year 4 FY 2022-23 Mid-Year Adjustments
General Funds (100 – 111)
Adopted Adjusted Estimated
Fiscal Year Adjustments Fiscal Year Fiscal Year
2022-23 2022-23 2022-23 2022-23 Variance
Revenues
Taxes
Property (including MVILF) 6,925,702 6,925,702 7,097,283 171,581 Sales 13,081,296 13,081,296 12,944,067 (137,229)
Franchise Fees 233,943 233,943 279,560 45,617
Other 227,738 227,738 352,075 124,337
Licenses and Permits 1,994,357 1,994,357 893,685 (1,100,672) Charges for services 530,038 530,038 299,430 (230,608)
Intergovernmental-
Federal grants and subsidies 3,948,903 3,948,903 721,421 (3,227,482) Other governmental 2,558,127 2,558,127 487,073 (2,071,054) Fines and Forfeitures 105,000 105,000 81,591 (23,409)
Use of money and Property 15,988 15,988 262,067 246,079 Miscellaneous 278,339 300,000 578,339 696,828 118,489
Total Revenues 29,899,431 300,000 30,199,431 24,115,081 (6,084,350) Expenditures
Salaries and Benefits (12,472,370) (810,062) (13,282,432) (11,843,970) 1,438,462 Operations and Maintenance (12,007,413) (333,064) (12,340,477) (9,580,383) 2,760,094 Capital Outlay (3,253,545) (360,270) (3,613,815) (2,002,866) 1,610,948 Debt Service (209,086) (209,086) (209,086)0
Total Expenditures (27,942,414) (1,503,395) (29,445,809) (23,636,305) 5,809,504 Revenues Over (Under) Exp 1,957,017 (1,203,395) 753,622 478,775 (274,846) Transfers In 4,275,196 4,275,196 3,116,513 (1,158,683)
Transfers Out (2,339,541) (2,339,541) (780,000) 1,559,541 Net Change 3,892,672 (1,203,395) 2,689,277 2,815,289 126,012 Begin Balance 18,425,835 18,425,835 18,425,835-
Ending Balance 22,318,507 (1,203,395) 21,115,112 21,241,124 126,012
7.1.e
Packet Pg. 149 Attachment: FY 2022-23 Mid-Year Budget Review Presentation (Resolution No. 2023-22 FY 22-23 Mid Year General Fund (100) FY 2022-23 Mid-Year
Budge Review, continued
5 General Fund revenue estimates
decreased from the budget due to the
following revenue:
• Licenses and Permits are lower than
anticipated
• Intergovernmental Revenues related
to grant projects have not been
received
General Fund budgeted expenditure
estimates decreased from the budget
due to the following:
• Salary & Benefit Savings due to
vacancies
• Operations and Maintenance Costs
were less than anticipated
• Capital Outlay projects had not
yet been started or have had less
activity to date than expected
7.1.e
Packet Pg. 150 Attachment: FY 2022-23 Mid-Year Budget Review Presentation (Resolution No. 2023-22 FY 22-23 Mid Year FY 2022
-23 Mid-Year Adjustments
Sewer Funds (605,606,607)
6 Adopted MidYear Adjusted Estimated Variance
Fiscal Year Adjustments Fiscal Year Fiscal Year
2022-23 2022-23 2022-23 2022-23
Revenues
Service Charges 5,304,236 5,304,236 5,238,360 (65,876)
Other Revenues 131,244 131,244 41,742 (89,502)
Total Revenues 5,435,480- 5,435,480 5,280,102 (155,378) Expenditures (4,144,562) (938,059) (5,082,621) (4,847,265) 235,357 Operating Balance 1,290,918 (938,059) 352,859 432,838 79,979 Debt Service (610,926) (610,926) (610,926)-
Capital Outlay (13,798,400) (13,798,400) (4,809,379) 8,989,021 Other Financing Sources 2,000,000 2,000,000 1,243,814 (756,186) Transfers In 10,148,743 10,148,743 3,152,544 (6,996,199) Transfers Out (731,328) (731,328) (369,378) 361,950
Changes in Balance (1,700,993) (938,059) (2,639,052) (960,487) 1,678,565 Begin Balance 18,372,655 18,372,655 18,372,655-
Ending Balance 16,671,662 (938,059) 15,733,603 17,412,168 1,678,565
7.1.e
Packet Pg. 151 Attachment: FY 2022-23 Mid-Year Budget Review Presentation (Resolution No. 2023-22 FY 22-23 Mid Year FY 202
2-23 Mid-Year Adjustments
Water Funds (610, 611, 612)
7 Adopted MidYear Adjusted Estimated Variance
Fiscal Year Adjustments Fiscal Year Fiscal Year
2022-23 2022-23 2022-23 2022-23
Revenues
Service Charges 7,441,251 7,441,251 7,131,008 (310,243) Other Revenues 181,405 181,405 566,122 384,717
Total Revenues 7,622,656- 7,622,656 7,697,130 74,474
Expenditures (4,350,145) (405,194) (4,755,339) (3,921,650) 833,690 Operating Balance 3,272,511 (405,194) 2,867,317 3,775,480 908,163 Debt Service (848,706) (848,706) (848,706)-
Capital Outlay (10,756,625) (10,756,625) (5,428,301) 5,328,324 Other Financing Source 1,930,000 1,930,000 1,930,000-
Transfers In 963,000 963,000 911,095 (51,905)
Transfers Out (2,809,086) (2,809,086) (2,495,970) 313,116 Changes in Balance (8,248,906) (405,194) (8,654,100) (2,156,402) 6,497,699 Begin Balance 25,133,335 25,133,335 25,133,335-
Ending Balance 16,884,429 (405,194) 16,479,235 22,976,933 6,497,699
7.1.e
Packet Pg. 152 Attachment: FY 2022-23 Mid-Year Budget Review Presentation (Resolution No. 2023-22 FY 22-23 Mid Year FY 202
2-23 Mid-Year Adjustments
Garbage Fund (600)
8 Adopted MidYear Adjusted Estimated Variance
Fiscal Year Adjustments Fiscal Year Fiscal Year
2022-23 2022-23 2022-23 2022-23
Revenues
Service Charges 3,982,292 3,982,292 4,063,226 80,934
Other Revenues 80,384 80,384 20,521 (59,863)
Total Revenues 4,062,676 4,062,676 4,083,747 21,071
Expenditures (3,880,162) (364,620) (4,244,782) (3,735,474) 509,308 Operating Balance 182,514 (364,620) (182,106) 348,273 530,380 Transfers In-
Transfers Out (773,229) (773,229) (496,772) 276,457
Changes in Balance (590,715) (364,620) (955,335) (148,498) 806,837 Begin Balance 1,461,422 1,461,422 1,461,422-
Ending Balance 870,707 (364,620) 506,087 1,312,924 806,837
7.1.e
Packet Pg. 153 Attachment: FY 2022-23 Mid-Year Budget Review Presentation (Resolution No. 2023-22 FY 22-23 Mid Year FY 202
2-23 Mid-Year Adjustments
PPFA Funds (205,252)
9 Adopted MidYear Adjusted Estimated Variance
Fiscal Year Adjustments Fiscal Year Fiscal Year
2022-23 2022-23 2022-23 2022-23
Revenues
Investment Earnings 3,534,684 3,534,684 3,668,402 133,718 Other Revenues----
Total Revenues 3,534,684- 3,534,684 3,668,402 133,718
Expenditures
Debt Service (6,303,870) (201,000) (6,504,870) (6,504,545) 325 Operating Balance (2,769,186) (201,000) (2,970,186) (2,836,142) 134,044 Transfers In 522,944 522,944 476,712 (46,232)
Transfers Out (1,000,000) (1,000,000)- 1,000,000
Net Change (3,246,242) (201,000) (3,447,242) (2,359,430) 1,087,812 Begin Balance 60,662,321 60,662,321 60,662,321-
Ending Balance 57,416,079 (201,000) 57,215,079 58,302,891 1,087,812
7.1.e
Packet Pg. 154 Attachment: FY 2022-23 Mid-Year Budget Review Presentation (Resolution No. 2023-22 FY 22-23 Mid Year Questions
&
Staff Recommendations
10 • Questions? • Adopt a Resolution Approving the Mid
-Year Operating and Capital Budget
Adjustments for FY 2020-21.
7.1.e
Packet Pg. 155 Attachment: FY 2022-23 Mid-Year Budget Review Presentation (Resolution No. 2023-22 FY 22-23 Mid Year City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Bryan Stice, Community Development Director
MEETING DATE: May 2, 2023
ITEM NO: 8.1
SUBJECT: Approve First Reading and Introduction of Ordinance No. 868 Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Amending chapters 18.76 (parking and loading) of title 18 of the Patterson Municipal Code to modify parking requirements.
RECOMMENDATION
Motion to Approve First Reading and Introduction of Ordinance No. 868 Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Amending chapters 18.76 (parking and loading) of title 18 of the Patterson Municipal Code to modify parking requirements.
BACKGROUND
The City of Patterson often amends the Municipal Zoning Code as may be needed from time to time. City staff will typically prepare draft code language based upon new/outdated legislation, or in an effort to update provisions within it.
ANALYSIS
Staff has determined the need to consider and possibly amend/update two subsections of Chapter
18.76 (“Parking and Loading”) of the City of Patterson Zoning Code.
1. Amendment to Section 18.76.030 (“Off-Street Parking Requirements”) Staff received a request for the City of Patterson to modernize their parking standards in support of more automated / robotic manufacturing systems and land uses. The City’s current standard for manufacturing uses is one (1) space per 500 square feet of building area.
8.1 Packet Pg. 156
A recent survey of cities within the surrounding Patterson region revealed more lenient standards for manufacturing uses as compared to that standard of the City of Patterson (above). See Attachment 1 “Table of Required Number of Parking Spaces for Manufacturing Uses” at the end of this staff report.
Based upon this survey, and the request from the public to modernize the City’s standard, staff believes that a new standard of 1 (one) off-street parking space per 1000 square feet of floor area is more fitting and congruent with technologic and robotic (hence, less human labor intensive) advancements in manufacturing. There are no anticipated negative effects associated with the proposed new parking standard.
2. Strike Section 18.76.060 (“Clean Air Vehicle Parking Requirements”) and Section 18.76.070 (“Electric Vehicle Charging”)
The City of Patterson Zoning Code contains parking requirements for Clean Air Vehicles and for Electric Vehicle Charging. These requirements are generated by Title 24 (CALGreen) of the California Building Code, and Section 406.7 of the California Building Code, respectively.
As a result, and with the inclusion of these standards within the City’s Zoning Code, there is an unnecessary and duplicative review process involving both the City Building Division and the City Planning Division. This creates internal inefficiency and needless City bureaucracy.
Additionally, as the State updates and modifies their Building Code standards from time to time, as has been the case since the City included these standards within the Zoning Code, the City’s Code becomes outdated and inaccurate.
Approval of this Ordinance would minimize duplicating City staff efforts, prevent needless Zoning Code updates, and reduce the potential for administrative errors. Additionally, there are no anticipated negative effects associated with the proposed new parking standard.
PLANNING COMMISSION ACTION
During their public hearing held on April 13, 2023, the Planning Commission voted 4-0 to recommend City Council approval of the proposed Municipal Zoning Code amendments as drafted within the attached draft Ordinance. There were no objections received throughout the public noticing and hearing process.
ATTACHMENTS:
EXHIBIT A
ORDINANCE No. 868
8.1 Packet Pg. 157
EXHIBIT A
City Required Number of Parking Spaces for Manufacturing Uses Fremont 1.25 per 1000 sq. ft. of floor area
Fresno 1 per 1500 sq. ft. of floor area
Manteca 150 spaces plus 1 per 2000 sq. ft. of floor area over 100,000 square feet Merced 1 per 1000 sq. ft. of floor area
Richmond 1 per 1000 sq. ft. of floor area
Riverbank 1 per max shift employee, plus 3 additional spaces Stockton 1 per 500 sq. ft. of floor area up to 50,000 sq. ft. 100 spaces (plus 1 per 1000 sq. ft. of floor area btwn 50,000 - 100,000 sq. ft.) 150 spaces (plus 1 per 2000 sq. ft. of floor area for area over 500,000 sq. ft.) Tracy 1 per 600 sq. ft. of gross floor area, or 1 per max shift employee Turlock 1 per 1,000 sq. ft. of gross floor area
8.1.a
Packet Pg. 158 Attachment: Staff Report Exhibit A (Ordinance No. 868 Amendments to City of Patterson Municipal Zoning Code Parking Standards) ORDINANCE NO. 868
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON AMENDING CHAPTERS 18.76 (PARKING AND LOADING) OF TITLE 18 OF THE
PATTERSON MUNICIPAL CODE TO MODIFY PARKING REQUIREMENTS WHEREAS, the Department of Community Development and Planning administers parking requirements for properties throughout;
WHEREAS, on April 13, 2023, during a duly noticed public hearing, the City of Patterson Planning Commission considered a staff report, public testimony, and voted 4-0 to recommend City Council approval of the Municipal Zoning Code amendments proposed herein; WHEREAS, the City Council finds that the zoning code amendment is consistent with the general plan goals, policies, and implementation programs; WHEREAS, the City Council finds that the zoning code amendment is desired by public necessity, convenience, and general welfare; and
WHEREAS, the City Council finds that the zoning code amendment will result in an orderly planning use of land resources.
NOW, THEREFORE THE CITY OF PATTERSON CITY COUNCIL DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 18.76.030 “Off-Street Parking Requirements” Table 18.76.030-1 “Manufacturing, processing, assembly machine and trade shops, and similar uses” of the Patterson Municipal Zoning Code, is hereby amended to read as follows:
Use Parking Space Requirement
Manufacturing, processing, assembly machine and trade
shops, and similar uses
1 space per 1000 square feet of
building area.
SECTION 2. Section 18.76.060 “Clean air vehicle parking requirements” of the Patterson Municipal Zoning Code, is hereby repealed as follows:
18.76.060 Clean air vehicle parking requirements.
A. Clean Air Vehicle Parking for Nonresidential Uses. The following is required by Title 24, Part 11 (CALGreen) of the California Building Code. Of the required off-street parking requirements for nonresidential uses identified in Section 18.76.030, approximately eight percent of these spaces should be designated parking spaces for any combination of low-emitting, fuel-efficient, and carpool/vanpool
8.1.b
Packet Pg. 159 Attachment: Ordinance No. 868 [Revision 1] (Ordinance No. 868 Amendments to City of Patterson Municipal Zoning Code Parking Standards) vehicles (including electric vehicles). There are no requirements for residential uses. Table 18.76.060-1 shows the number of required clean air vehicle parking spaces for nonresidential uses.
Table 18.76.060-1 Clean Air Parking Spaces for Nonresidential Uses Total Number of Off-Street Parking Spaces
(as identified in Section 18.76.030)
Number of Off-Street Parking Spaces to
Be Clean Air Vehicle Parking Spaces
0—9 0
10—25 1
26—50 3
51—75 6
76—100 8
101—150 11
151—200 16
201 and over At least 8 percent of total
B. Parking Stall Marking. Paint, in the paint used for stall striping, the following characters such that the lower edge of the last word aligns with the end of the stall striping and is visible beneath a parked vehicle:
1. Clean air;
2. Vehicle. (Ord. 738 § 1 (Exh. A) (part), 2013).
SECTION 3. Section 18.76.070 “Electric Vehicle Charging” of the Patterson Municipal Zoning Code, is hereby repealed as follows:
18.76.070 Electric vehicle charging.
Electric vehicle pre-wiring shall be provided for residential and nonresidential land uses according to the provisions of this section.
A. Clean Air Vehicle Requirements. Parking spaces for electric vehicles may be used to satisfy the clean air vehicle requirements (Section 18.76.060). A certain number of the clean air vehicle spaces shall be pre-wired for electric vehicles as identified in this section.
8.1.b
Packet Pg. 160 Attachment: Ordinance No. 868 [Revision 1] (Ordinance No. 868 Amendments to City of Patterson Municipal Zoning Code Parking Standards) B. Building Code Requirements. All electric vehicle charging facilities shall comply with Section 406.7 (Electric Vehicle) of the California Building Code.
C. Electric Vehicle Supply Wiring. For each space required in Table 18.76.070-1 (Spaces Required to Be Pre-Wired for Electric Vehicles), one 120 VAC 20 amp and one 208/240 V 40 amp, grounded AC outlets or panel capacity and conduit installed for future outlets shall be provided.
Table 18.76.070-1. Spaces Required to Be Pre-Wired for Electric Vehicles Total Number of Parking Spaces Number of Required Spaces (Pre-Wired for EV) 1—50 1
51—200 2
201 and over 4
(Ord. 738 § 1 (Exh. A) (part), 2013).
SECTION 4. If any section, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
SECTION 5. This ordinance shall become effective thirty (30) days from and after its final passage and adoption, and notice of the ordinance shall be published in a newspaper of general circulation at least fifteen (15) days prior to its effective date or a summary of the ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Patterson, held on the 2nd day of May 2023, by __________________, who moved its introduction, which motion was duly seconded by ___________________. Said Ordinance was given a second reading at a regular meeting of the City Council held on the ___, day of __________, 2023, and after such reading, _________________ moved its adoption, seconded by _____ , and said Ordinance was thereupon adopted by the following roll call vote:
8.1.b
Packet Pg. 161 Attachment: Ordinance No. 868 [Revision 1] (Ordinance No. 868 Amendments to City of Patterson Municipal Zoning Code Parking Standards) AYES:
NOES:
EXCUSED:
APPROVED:
_________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
___________________________
Aracely Alegre
City Clerk of the City of Patterson
8.1.b
Packet Pg. 162 Attachment: Ordinance No. 868 [Revision 1] (Ordinance No. 868 Amendments to City of Patterson Municipal Zoning Code Parking Standards) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Aracely Alegre, City Clerk
MEETING DATE: May 2, 2023
ITEM NO: 9.A.1
SUBJECT: Appoint One (1) Members to the Senior Center Board of Directors for the Term of January 2023 - 2024 ( Mayor Clauzel )
RECOMMENDATION
Motion to Appoint One (1) Members to the Senior Center Board of Directors for the Term of January 2022 - 2024 ( Mayor Clauzel ).
BACKGROUND
The following application was received and hereto attached:
1. Darwin Derosans
9.A.1
Packet Pg. 163
9.A.1.a
Packet Pg. 164 Attachment: Senior Board Applicant (Senior Center Board of Directors Appointment)
9.A.1.a
Packet Pg. 165 Attachment: Senior Board Applicant (Senior Center Board of Directors Appointment)