Reedley City Council
June 25, 2024

ALL CELL PHONES AND ELECTRONIC DEVICES MUST BE

TURNED OFF IN THE COUNCIL CHAMBERS
AGENDA

REEDLEY CITY COUNCIL MEETING
7:00 P.M.

TUESDAY, JUNE 25, 2024
Meeting Held in the Council Chambers
845 "G" Street, Reedley, California
www .reedley.ca.gov
The Council Chambers are accessible to the physically disabled. Requests for additional accommodations for the disabled, including auxiliary aids or to request translation services, should be made 48 hours prior to the meeting by contacting the City Clerk at 637-4200 ext. 212.

Any document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such documents may be posted on the City's website.

Unless otherwise required by law to be accepted by the City at or prior to a Council meeting or hearing, no documents shall be accepted for Council review unless they are first submitted to the City Clerk by the close of business one day prior to said Council meeting/hearing at which the Council will consider the item to which the documents relate, pursuant to the adopted City Council Protocols.

The meeting will be held in person and may be observed remotely via Zoom or at:
http://www.reedley.com/livestream.php.

Public comment may be made in person or submitted in writing. Members of the public who wish to provide written comments are encouraged to submit their comments to the City Clerk at [email protected] by the close of business one day prior to the start of the meeting to ensure that the comments will be available to the City Council. Please indicate the agenda item number to which the comment pertains. Written comments that do not specify a particular agenda item will be marked for the general public comment portion of the meeting. A copy of any written comment will be provided to the City Council at the meeting. Please note that written comments received will not be read aloud during the meeting, but will be included with the meeting minutes.

Anita Betancourt, Mayor
Matthew Tuttle, Mayor Pro Tern
Mary Fast, Council Member

MEETING CALLED TO ORDER
INVOCATION- Russ Robertson

PLEDGE OF ALLEGIANCE

ROLL CALL
Suzanne Byers, Council Member
Scott Friesen, Council Member

AGENDA APPROVAL -ADDITIONS AND/OR DELETIONS

PRESENTATION

1. JULY IS PARKS & RECREATION MONTH PROCLAMATION - Community Services

2. BADGE PINNING FOR MATTHEW GOERTZEN AND INTRODUCTION OF CRYSTAL

CABRERA
PUBLIC COMMENT - Provides an opporlunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than three (3) minutes. No more than ten (1 OJ minutes per issue will be allowed. For items which are on the agenda this evening, members of the public will be provided an opporlunity to address the Council as each item is brought up for discussion.

NOTICE TO PUBLIC
CONSENT AGENDA items are considered routine and a recommended action for each item is included, and will be voted upon as one item. If a Councilmember has questions, requests additional information, or wishes to comment on an item, the vote should not be taken until after questions have been addressed or comments made, and the public has had an opportunity to comment on the Consent Agenda items. If a Councilmember wishes to have an item considered individually or change the recommended action, then the item should be removed and acted upon as a separate item. A Councilmember's vote in favor of the Consent Agenda is considered and recorded as a separate affirmative vote in favor of each action listed. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.

CONSENT AGENDA (Item 3-5)

3. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 11, 2024 - (City Clerk)
Staff Recommendation: Approve

4. APPROVAL OF EXPENSE REIMBURSEMENT FOR COUNCILMEMBER FAST- (Administrative Services)
Staff Recommendation: Approve

5. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT

ADDENDUM WITH LSA ASSOCIATES TO CONTINUALLY PERFORM ON-CALL PROFESSIONAL SERVICES FOR THE COMMUNITY DEVELOPMENT DEPARTMENTPLANNING DIVISION- (Community Development) Staff Recommendation: Approve

PUBLIC HEARING

6. CONSIDER APPEAL OF BUSINESS LICENSE REVOCATION FOR MIXTECO ICE

CREAM (ANGEL NERI, OWNER)

7. CONSIDER APPEAL OF BUSINESS LICENSE REVOCATION FOR ADIEL CORN (OLIVIA TRINIDAD, OWNER)
2 8. CONSIDER THE FOLLOWING ITEMS (A) AND (B) FOR THE ANNEXATION OF TRACT 6408 PHASE I AND II (MANNING EAST OF THE KINGS RIVER) INTO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1.

A. OPEN PUBLIC HEARING FOR THE ANNEXATION OF TERRITORY
(TRACT 6408 PHASE I AND II) INTO THE CITY OF REEDLEY
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 AS
ZONE EE AND EE SUB AREA 1. CLOSE THE PUBLIC HEARING AND

OPEN THE BALLOT(S)
B. ADOPT RESOLUTION NO. 2024-053 APPROVING THE ANNEXATION OF TERRITORY (TRACT 6408 PHASE I AND II) INTO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 AS
ZONE EE AND EE SUB AREA 1,THE LEVY AND COLLECTION OF

ANNUAL ASSESSMENTS WITHIN SUCH TERRITORY COMMENCING
WITH FISCAL YEAR 2024-2025 AND CONFIRMING A DIAGRAM AND ASSESSMENT PURSUANT TO THE PROVISIONS OF PART 2 OF
DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE.

Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate- (Engineering)
Staff Recommendation: Approve

ADMINISTRATIVE BUSINESS

9. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A TWO-YEAR

MEMORANDUM OF UNDERSTANDING WITH THE GENERAL SERVICES UNIT, EFFECTIVE JULY 1, 2024, AND ENDING JUNE 30, 2026, SUBJECT TO APPROVAL OF TENTATIVE AGREEMENT- Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Administrative Services) Staff Recommendation: Approve

RECEIVE INFORMATION & REPORTS
These items are formal transmittals of information to the Reedley City Council. They are not voted upon by the Reedley City Council. Members of the public who have questions on these items are suggested to call City staff members during regular business hours.

10.REEDLEY AIRPORT COMMISSION MINUTES OF REGULAR MEETING OF MARCH 14, 2024 - Community Development

COUNCIL REPORTS

11. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.

STAFF REPORTS

12.UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS

CLOSED SESSION

13.GOVERNMENT CODE SECTION 54957.6
3 Conference with Labor Negotiators
Agency Representatives: City Manager & Assistant City Manager Employee Organization: General Services Unit

RECONVENE TO OPEN SESSION

ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing revised agenda was posted in accordance with the applicable legal requirements. Dated this 20th day of June 2024~ ti4 ___;;, Ruthie Greenwood, City Clerk
Dates to Remember:

July 9, 2024 - Dark
July 23, 2024- Regular Meeting
4 JULY IS PARKS & RECREATION MONTH
HEREAS, Parks and Recreation promotes physical, emotional, and mental health and ellness
hrough organized and self-directed fitness, play, and activity; and HEREAS, Parks and Recreation supports the economic vitality of communities by partnering ;with local businesses and non-profits, and offering events for resident's engagement; and WHEREAS, Parks and Recreation creates memorable experiences through youth sports and enrichment activities, senior activity centers, adult fitness, and enrichment programs, free community events, Expanded Learning Programs, and beyond; and WHEREAS, Parks and Recreation supports human development and endless learning opportunities that foster social, intellectual, physical, and emotional growth in people of all WHEREAS, Parks and Recreation strengthens community identity by providing facilities and services that reflect and celebrate community character, heritage, culture, history, and landscape; and
WHEREAS, Parks and Recreation sustains and stewards our natural resources by protecting . habitats and open space, connecting people to nature; and WHEREAS, Parks and Recreation supports safe, vibrant, attractive communities that make life better through positive alternatives offered in their recreational opportunities; and WHEREAS, hundreds of California children, adults and seniors' benefit from the wide range of services, facilities and programs provided by the City of Reedley Community Services Department;
NOW, THEREFORE, be it resolved that City Council of the City of Reedley urges all residents to enjoy and recognize the social, physical, mental, economic, environmental and community benefits derived from our community center, public parks, community swimming programs and all services and programs offered through Community Services Department, which provide something of value to everyone, and recognize July as "Parks and Recreation Month".

Anita Betancourt •
Mayor of the City of Reedley
REEDLEY CITY COUNCIL MEETING -June 11, 2024
A complete audio record of the minutes is available at www.reedlev.ca.gov The meeting of Reedley City Council called to order by Mayor Betancourt at 7:00 p.m. on Tuesday, June 11, 2024 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.

INVOCATION - Jose L. Garza

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Fast.

ROLL CALL
Council Members

Present:

Absent:

Suzanne Byers, Mary Fast, Scott Friesen, Matthew Tuttle and Anita Betancourt None.

AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
City Manager asked for item 12 the closed session be removed from the agenda.

Council Member Byers motioned, Council Member Friesen seconded to accept and approve agenda.

Motion unanimously carried.

PRESENTATION

1. PRESENTATION INTRODUCTION OF NEW LAW ENFORCEMENT PERSONNEL Police Chief Garza introduced Officer Christopher Avila to Council and Staff.

PUBLIC COMMENT
Mai See Vang-Hernandez the Program Coordinator with Fresno County Economic Development Corporation discussed a new training program that would be offered at Reedley College.

CONSENT AGENDA (Item 2-7)
Council Member Fast asked that item 3 and Council Member Byers asked for item 6 be discussed prior to the vote.

Community Services Director, Sarah Reid and City Engineer Marilu Morales answered questions regarding the items.

Council Member Byers moved, Council Member Fast seconded to accept, approve and adopt all items listed under the CONSENT AGENDA.

2. APPROVAL OF MINUTES OF THE SPECIAL AND REGULAR COUNCIL MEETINGS OF MAY 28, 2024 - Approved

3. REJECT ALL BIDS RECEIVED FOR THE REEDLEY MUNICIPAL AIRPORT RESTROOM PROJECT BID OPENING HELD ON MAY 7, 2024-Approved

4. ADOPT RESOLUTION NO. 2024-037 ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SBl: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017-Approved

5. ADOPT RESOLUTION NO. 2024-038 A WARDING A CONSTRUCTION CONTRACT TO DON BERRY CONSTRUCTION, INC. FOR CDBG PROJECT NO. 23571 NORTH A VENUE IMPROVEMENTS FROM COLUMBIA A VENUE TO HANEY A VENUE -Approved
REEDLEY CITY COUNCIL MEETING -June 11, 2024

6. ADOPT RESOLUTION NO. 2024-046, ACCEPTING THE CONSTRUCTION IMPROVEMENTS FOR THE MANNING AVENUE PHASE 3 PAVEMENT REHAB FROM COLUMBIA TO BUTTONWILLOW

PROJECT AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH THE COUNTY OF FRESNO RECORDER'S OFFICE-Approved

7. CONSIDER THE FOLLOWING ITEMS (A) AND (B) FOR THE ANNEXATION OF TRACT 6408 PHASE I

AND II (MANNING EAST OF THE KINGS RIVER) INTO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1
A. ADOPT RESOLUTION NO. 2024-051 INITIATING PROCEEDINGS FOR THE ANNEXATION OF TERRITORIES (TRACT 6408 PHASE I AND PHASE II) INTO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1, AS ZONE EE AND EE SUB AREA 1, AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2024-2025 PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND

HIGHWAYS CODE
B. ADOPT RESOLUTION NO. 2024-052 DECLARING THE INTENTION TO ANNEX TERRITORIES (TRACT 6408 PHASE I AND PHASE II) INTO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 AS ZONE EE AND EE SUB AREA 1, AND TO LEVY AND COLLECT ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2024-2025 AND CALLING FOR A PROPERTY

PROTEST PROCEEDING TO THE QUALIFIED PROPERTY OWNERS FOR SAID

ANNEXATION TERRITORIES PURSUANT TO THE PROVISIONS OF THE CALIFORNIA

CONSTITUTION, ARTICLE XIIID AND SETTING A TIME AND PLACE FOR A PUBLIC

HEARING
-Approved

PUBLIC HEARING

8. ADOPT RESOLUTION NO. 2024-050 INCREASING WATER UTILITY RA TES PER THE ATTACHED "EXHIBIT A", AND AUTHORIZE AN ANNUAL INFLATIONARY ADJUSTMENT FOR FUTURE RATE INCREASES EACH JULY 1 ST BEGINNING JULY 1, 2026
Public Works Director Russ Robertson explained that March 26, 2024 a water rate study technical analysis was presented. At that meeting Council approved the study and set a date for the public hearing regarding the proposed water rate structure.

Mr.Koom with HDR Engineering shared the purpose of why the water rate study was completed and discussed the costs related to providing water to the community.

Public Hearing Opened: 7:40 p.m.

Danny Esparza asked questions regarding the cost of Reedley's bill for water and sewer in relation to what other communities pay.

Public Works Director Russ Robertson and City Manager Nicole Zieba answered Mr. Esparaza's questions.

Suzanne Johnson thanked everyone for the hard work in making sure the City of Reedley's infrastructure is safe and works the way it should.

Public Hearing Closed: 7:50 p.m.

Council Member Byers motioned and Mayor Betancourt seconded to accept and ADOPT RESOLUTION NO. 2024- 050 INCREASING WATER UTILITY RATES PER THE ATTACHED "EXHIBIT A", AND AUTHORIZE AN ANNUAL INFLATIONARY ADJUSTMENT FOR FUTURE RATE INCREASES EACH JULY 1ST BEGINNING JULY 1, 2026
Motion unanimously carried.
2 REEDLEY CITY COUNCIL MEETING -June 11, 2024

ADMINISTRATIVE BUSINESS

9. ADOPTION OF 2024-2025 FISCAL YEAR BUDGET AND RELATED FISCAL ITEMS A. ADOPT RESOLUTION NO. 2024-042 OF THE CITY COUNCIL OF THE CITY OF REEDLEY,

ACTING IN ITS CAPACITY AS CITY COUNCIL TO THE CITY, SUCCESSOR AGENCY TO

THE FORMER REDEVELOPMENT AGENCY, AND AS THE BOARD OF THE REEDLEY

HOUSING AUTHORITY, ADOPTING THE FINAL BUDGET OF THE CITY OF REEDLEY FOR THE FISCAL YEAR JULY 1, 2024 TO JUNE 30, 2025 , PROVIDING FOR THE

APPROPRIATION AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID FINAL

BUDGET, PROVIDING FOR THE TRANSFERS AND ADDITIONAL APPROPRIATIONS AND

REPEALING ALL RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT

HEREWITH, EXCEPT AS PROVIDED FOR BY MINUTE ORDER OF THE CITY COUNCIL ON JUNE 11 , 2024
B. ADOPT RESOLUTION NO. 2024-043 OF THE CITY COUNCIL OF THE CITY OF REEDLEY

ADOPTING MASTER SALARY TABLES FOR ALL EMPLOYEES OF THE CITY OF

REEDLEY
C. ADOPT RESOLUTION NO. 2024-044 OF THE CITY COUNCIL OF THE CITY OF REEDLEY

ESTABLISHING A SALARY AND BENEFIT SCHEDULE FOR UNREPRESENTED

EMPLOYEES
D. ADOPT RESOLUTION NO. 2024-045 OF THE CITY COUNCIL OF THE CITY OF REEDLEY

ESTABLISHING A REVISED COMPENSATION SCHEDULE FOR THE VOLUNTEER FIRE

DEPARTMENT
E. ADOPT RESOLUTION NO. 2024-047 OF THE CITY COUNCIL OF THE CITY OF REEDLEY

APPROVING AMENDMENT AND RESTATEMENT OF THE DEFERRED COMPENSATION

MATCHING (PROFIT-SHARING) PLAN FOR ALL ELIGIBLE FULL-TIME EMPLOYEES F. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE ADMINISTRATIVE

SERVICES AGREEMENTS WITH THE INTERNATIONAL CITY MANAGEMENT

ASSOCIATION RETIREMENT CORPORATION DBA MISSIONSQUARE RETIREMENT FOR

THE CITY OF REEDLEY DEFERRED COMPENSATION MATCHING (PROFIT-SHARING) 401 & 457 PLANS
G. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A TWO-YEAR

MEMORANDUM OF UNDERSTANDING WITH THE REEDLEY POLICE OFFICERS ASSOCIATION, EFFECTIVE JULY 1, 2024 AND ENDING JUNE 30, 2026 H. APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE A MAINTENANCE

AGREEMENT WITH QUINN POWER SYSTEMS FOR PERIODIC PREVENTIVE

MAINTENANCE OF THE CITY HALL AND FIRE DEPARTMENT EMERGENCY

GENERATORS
I. APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE A MAINTENANCE

AGREEMENT WITH MIKE' S GENERATOR AND AG REPAIR FOR PERIODIC

PREVENTIVE MAINTENANCE OF THE PUBLIC SAFETY COMMUNICATIONS TOWER

EMERGENCY GENERATOR
J. RATIFICATION OF A GRANT AGREEMENT WITH SIERRA KINGS HEALTH CARE DISTRICT FOR UP TO $18,000 TO COVER STAFF TIME AS SOCIA TED WITH OVERSIGHT

OF PUBLIC ACCESS TO KCUSD PICKLEBALL COURTS FOR OBESITY AND DIABETES

PREVENTION
K. APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENTS TO KINGS

CANYON UNIFIED SCHOOL DISTRICT SERVICES AGREEMENTS FOR POLICE SCHOOL 3 REEDLEY CITY COUNCIL MEETING -June 11, 2024

RESOURCES OFFICER AND NARCOTICS DETECTION SERVICES TO INCLUDE REVISED

INDEMNIFICATION LANGUAGE
Assistant City Manager Paul Melikian explained this item is the final action to adopt the city budget. Mr. Melikian explained each item listed in the budget document.

Council Member Fast moved, Council Member Tuttle seconded to A. ADOPT RESOLUTION NO. 2024-042 OF THE CITY COUNCIL OF THE CITY OF REEDLEY,

ACTING IN ITS CAPACITY AS CITY COUNCIL TO THE CITY, SUCCESSOR AGENCY TO

THE FORMER REDEVELOPMENT AGENCY, AND AS THE BOARD OF THE REEDLEY

HOUSING AUTHORITY, ADOPTING THE FINAL BUDGET OF THE CITY OF REEDLEY FOR THE FISCAL YEAR illLY 1, 2024 TO ruNE 30, 2025, PROVIDING FOR THE

APPROPRIATION AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID FINAL

BUDGET, PROVIDING FOR THE TRANSFERS AND ADDITIONAL APPROPRIATIONS AND

REPEALING ALL RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT

HEREWITH, EXCEPT AS PROVIDED FOR BY MINUTE ORDER OF THE CITY COUNCIL ON ruNE 11, 2024
Motion unanimously carried.

Council Member Tuttle moved, Council Member Friesen seconded to B. ADOPT RESOLUTION NO. 2024-043 OF THE CITY COUNCIL OF THE CITY OF REEDLEY

ADOPTING MASTER SALARY TABLES FOR ALL EMPLOYEES OF THE CITY OF

REEDLEY
Motion unanimously carried.

Council Member Tuttle moved, Council Member Fast seconded to C. ADOPT RESOLUTION NO. 2024-044 OF THE CITY COUNCIL OF THE CITY OF REEDLEY

ESTABLISHING A SALARY AND BENEFIT SCHEDULE FOR UNREPRESENTED

EMPLOYEES
Motion unanimously carried.

Council Member Fast moved, Council Member Tuttle seconded to D. ADOPT RESOLUTION NO. 2024-045 OF THE CITY COUNCIL OF THE CITY OF REEDLEY

ESTABLISHING A REVISED COMPENSATION SCHEDULE FOR THE VOLUNTEER FIRE

DEPARTMENT
Motion unanimously carried.

Council Member Byers moved, Council Member Fast seconded to E. ADOPT RESOLUTION NO. 2024-047 OF THE CITY COUNCIL OF THE CITY OF REEDLEY

APPROVING AMENDMENT AND RESTATEMENT OF THE DEFERRED COMPENSATION

MATCHING (PROFIT-SHARING) PLAN FOR ALL ELIGIBLE FULL-TIME EMPLOYEES Motion unanimously carried.

Council Member Tuttle moved, Council Member Byers seconded to F. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE ADMINISTRATIVE

SERVICES AGREEMENTS WITH THE INTERNATIONAL CITY MANAGEMENT

ASSOCIATION RETIREMENT CORPORATION DBA MISSIONSQUARE RETIREMENT FOR

THE CITY OF REEDLEY DEFERRED COMPENSATION MATCHING (PROFIT-SHARING) 401 & 457 PLANS
Motion unanimously carried.

Council Member Byers moved, Council Member Friesen seconded to G. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A TWO-YEAR

MEMORANDUM OF UNDERSTANDING WITH THE REEDLEY POLICE OFFICERS ASSOCIATION, EFFECTIVE mL Y 1, 2024 AND ENDING JUNE 30, 2026 Motion unanimously carried.

Council Member Tuttle moved, Council Member Fast seconded to 4 REEDLEY CITY COUNCIL MEETING -June 11, 2024
H. APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE A MAINTENANCE

AGREEMENT WITH QUINN POWER SYSTEMS FOR PERIODIC PREVENTIVE

MAINTENANCE OF THE CITY HALL AND FIRE DEPARTMENT EMERGENCY

GENERATORS
Motion unanimously carried.

Council Member Tuttle moved, Council Member Byers seconded to I. APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE A MAINTENANCE

AGREEMENT WITH MIKE'S GENERATOR AND AG REPAIR FOR PERIODIC

PREVENTIVE MAINTENANCE OF THE PUBLIC SAFETY COMMUNICATIONS TOWER

EMERGENCY GENERA TOR
Motion unanimously carried.

Council Member Byers moved, Council Member Fast seconded to J. RATIFICATION OF A GRANT AGREEMENT WITH SIERRA KINGS HEAL TH CARE DISTRICT FOR UP TO $18,000 TO COVER STAFF TIME ASSOCIATED WITH OVERSIGHT

OF PUBLIC ACCESS TO KCUSD PICKLEBALL COURTS FOR OBESITY AND DIABETES

PREVENTION
Motion unanimously carried.

Council Member Friesen moved, Council Member Byers seconded to K. APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENTS TO KINGS

CANYON UNIFIED SCHOOL DISTRICT SERVICES AGREEMENTS FOR POLICE SCHOOL Motion unanimously carried.

COUNCIL REPORTS

10. BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.

Council Member Fast:
• Discussed the Olson Bridge reopening
• Attended the Senior Lunch
• Mentioned the Air Board and Council of Governments meetings she attended and provided brief updates • Attended a ribbon cutting event
Coundl Member Byers
• Discussed the Reedley Police Department Community Academy • Attended the Senior Luncheon
Council Member Tuttle
• Shared about the upcoming American Legion event
• Attended a ribbon cutting ceremony
Mayor Betancourt:
• Shared about the new community center floors
• Discussed upcoming awards event

STAFF REPORTS

11. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.

City Manager Nicole Zieba:
• Provided an update regarding the Federal earmarks
• Discussed the upcoming firework show

ADJOURNMENT
Mayor Betancourt adjourned the regular meeting at 8:39 p.m. 5 REEDLEY CITY COUNCIL MEETING -June 11, 2024
Mayor Anita Betancourt
ATTEST:

Ruthie Greenwood, City Clerk
6 REEDLEY CITY COUNCIL
DATE: June 25, 2024
~ Consent
D Regular Item
D Workshop
D ClosedSession
D Public Hearing
ITEM NO: 4 -----"----
TITLE: APPROVAL OF EXPENSE REIMBURSEMENT FOR COUNCILMEMBER FAST SUBMITTED: Paul A. Melikian, Assistant City Manager ~
APPROVED: Nicole R. Zieba, City Manager ~

RECOMMENDATION
Request the City Council approve a mileage expense reimbursement request from Councilmember Fast for miles driven for official City business.

EXECUTIVE SUMMARY
A mileage reimbursement was submitted on June 17, 2024, for miles driven for official City business. Upon review, several of the dates fall outside of the 30-calendar day submission requirement as set forth in Section 5 of the Expense Reimbursement and Travel/Conference Policy for Elected and Appointed Legislative Body Officials that was adopted in December 2018. The dates range from April 17, 2024 to June 4, 2024. Out of the 307 miles driven for City business during this time period, 191 miles, representing $127.97 at the 2023 IRS mileage rate, fall outside of the 30-day requirement.

Section 5 of the policy states: "Officials must submit their expense reports within thirty (30) calendar days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. Any expenses submitted after 30 days of being incurred will be required to be approved by a majority of the City Council at a regularly scheduled Council meeting. Expenses not approved by the majority of Council shall be borne by the official who incurred the expense. "

FISCAL IMPACT
No new appropriations are needed for this reimbursement as mileage reimbursements for elected officials are included in the annual City budget.

ATTACHMENT
City of Reedley Councilmember Mileage Log dated June 17, 2024 \
\
~
Ernplovee: ~AST
City of Reedley Mileage Log
·-1,)~ ~ ~ Date: 6.17.2024 Month : Apr2024- Jun 2024
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~ no Co Farm Bureau
/~no Council of Govt Fresno
~orial Hall Dinuba L
~ lley Air Pollution Control Board, Fresno
~ no Council of Govt Fresno I
~
I SJ Va11ey Air Pollution Control Board, Fresno ~------'.-----=--::..:__=-:__:___:____::__ ___ ___ _ I ~
~---
1------------ I
f---___ I
I I
i Purpose of Trip
'Upper Kings Water Mng Auth Board meeting
FCOG board meeting
Vietnam Vet Memorial Wall Dedication
Total Miles
62 ,
s8 i
--l 13!
; CAC Advisory Board 58
FCOG board meeting 58
Measure C meeting too I
CAC Advisory Board 58 !
~
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~-- i~--~ TAL MILES - TO
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REEDLEY CITY COUNCIL
DATE: June 25, 2024
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEMNO: b ----
TITLE: APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN AN

AGREEMENT ADDENDUM WITH LSA ASSOCIATES TO CONTINUALLY

PERFORM ON-CALL PROFESSIONAL SERVICES FOR THE COMMUNITY

DEVELOPMENT DEPARTMENT - PLANNING DIVISION
SUBMITTED: Rodney L. Horton /l___tj__
Community Development Director /c:;r;rc_.,,
APPROVED: Nicole R. Zieba ,l /\. /
City Manager V V

RECOMMENDATION
Approve and authorize the City Manager to sign an agreement addendum with LSA Associates (LSA) to continually perform on-call professional services for the Community Development Department - Planning Division.

BACKGROUND
The Community Development Department (Department) consists of the Planning and Building Divisions. Each division is responsible for highly technical and complex assignments associated with the approval and development of structures proposed to be brought into the built environment. The Department remains fully committed to processing entitlement applications and completing environmental assessments in a timely fashion.

The Department desires to ensure quality customer service to the residents and development community by having an additional professional service provider. Staff does anticipate utilizing the services of LSA due to consistently strong development activity.

ENVIRONMENTAL FINDINGS
Staff has conducted a review and has determined that it is exempt from CEQA pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061 (b)(3) under the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because the proposed action is for Council to authorize the City Manager to enter into an agreement with LSA to continue to provide on-call professional services, it can be seen with certainty that there is no possibility that approving an

agreement addendum with LSA may have a significant effect on the environment. Therefore, this action is exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3).

FISCAL IMPACT
There is no fiscal impact to the City of Reedley.

ATTACHMENTS

1. Draft Addendum No. 1 to Professional Services Agreement for Planning Services

2. Professional Services Agreement -Approved on November 8, 2022

Exhibit "A"
Compensation
Consultant Service Agreement between the City of Reedley and LSA ADDENDUM NO. 1

TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF REEDLEY AND LSA.

This Addendum No. 1 to the Professional Services Agreement between the City of Reedley and LSA (Agreement) is made and entered into effective on June 25, 2024 ("Effective Date"), by and between the City of Reedley, a municipal corporation, hereinafter referred to as "City" and LSA, hereinafter referred to as "Consultant" .

RECITALS
WHEREAS, on November 17, 2022, City and Consultant entered into a professional services agreement (Agreement) for staff support, as approved by the City Council on November 8, 2022; and WHEREAS, the City and Consultant mutually desire to extend the sunset date of the agreement; and
WHEREAS, Consultant has proposed adjustments to their original proposal, beyond the End Date, including the updating of the Standard Fee Schedule found in Agreement Exhibit B.

NOW, THEREFORE, in consideration of the foregoing recitals, Consultant and the City do hereby mutually agree as follows:

1. The End Date notated in Section 2 of the Agreement dated November 8, 2022, is amended to be that of June 30, 2025.

2. The portion of Exhibit B titled "Compensation" is replaced with the attached Exhibit A titled "Compensation."

3. In all other regards, the Agreement dated November 8, 2022, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have signed this agreement to be effective as of the Effective Date in the opening paragraph.

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/SIGN A TURES ON NEXT PAGE
CITY OF REEDLEY, a municipal corporation LSA
2 BY: BY: --------------- -------------- Nicole R. Zieba, City Manager Amy Fischer, President (Notary Acknowledgement to be Attached) LSA
(Notary Acknowledgement to be Attached)
ATTEST:

BY: ---------------
Ruthie Greenwood, City Clerk
APPROVED AS TO FORM:

BY: ---------------
Laurie Avedisian-Favini, City Attorney
RECOMMEND APPROVAL:

BY:

Rodney L. H01ton,
Community Development Director
3 M AY 2 024 S CHED U LE OF ST ANDARD C O N TRAC T P ROVISIONS

A ND B I LLI NG R A TE S LSA
HOURLY BILLING RATES EFFECTIVE MAY 2024
Job Classification
Environmental Cultural/ Hourly Rate
Planning Transportation Air/Noise Paleontological Biology GIS Range1• 2 Resources
Principal Principal Principal Principal Principal Principal $190- $400 Associate Associate Associate Associate As sociate Associate $150-$250 Senior Biologist/
Senior Senior Air Quality/ Senior Archaeologi st/ Botani st/Wildlife Senior GIS Senior Plann er Transportation Noise Specialist/ Architectural Historian/ Biologist/Ecologist/ Specialist $130-$235 Planner/Engineer Noise Engineer Paleontologist Soil Scientist/ Herpetologist/ Arborist
Air Quality/ Biologi st/Botanist/
Transportation Noise Specialist/ Archaeologist/ Wildlife Biologist/ GIS Planner Planner/Engineer Noise Engineer/ Architectural Historian/ Ecologist/Soil Scientist/ Speciali st $100-$165 Climate Change Paleontologist Herpetologi st/ Arborist Specialist Assistant Biologist/
Assistant
Ass istant Air Quality/ Field Archaeologist/ Botanist/Wildlife Ass istant Transportation Biologist/Ecologist/ GIS $85-$130 Planner Pi a nner /Engineer Noise Analyst Paleontologist Soil Scientist/ Specialist Herpetologi st/ Arbori st
Office Services
Marketing $110-$185
Office Assistant $110-$145
Project Accountant $110-$135
Docum ent Management/Technical Editing/Graphics $115-$160 1 The hourly rate for work involving actual expenses in court (e .g., giving depositions or similar expert testimony) will be bill ed at $400 per hour regardless of job classifications.
2 Hourly rates are subj ect to review at least annually and may be adjusted to reflect changing labor costs at LSA's discretion .

LSA IN-HOUSE DIRECT COSTS EFFECTIVE MAY 20241
Description Unit Cost Description Unit Cost
Reproduction (8 .5 x 11) B/W $0.07 per page Total Station Surveying Instrument $50.00 per day Reproduction (8.5 x 11) Color $0.40 per page Level (La ser or Optica l) $25.00 per day Reproduction (11 x 17) B/W $0.10 per page Laser Rangefinder $25.00 per day Reproduction (11 x 17) Color $0.75 per page Sound Meter $75.00 per day CD Production $5.00 per CD Sound Meter with Velocity Transd ucer $85 .00 per day USB Flash Drive $5.00 per drive Aerial Photo Cost
Plotting $3 .75 per sq ft GPS Unit $75.00 per day
Aerial Drone $200.00 per day Water Quality Meter $25.00 per day Mileage On-Road Current f ederal rate Night Vision Goggles $50.00 per unit per night Mileage Off-Road Current fed eral rate Wildlife Camera
1 Direct costs shall be reimbursed at cost plus 10 percent.

W :\Projects\Active\0000 Contract Review Checklist & Related Documents\Contract Redlin es. Lang uage and Notes\LSA Standard Contract\2024 Update \Standa rd Cont ractP rovis i ans_ 20 2 4. docx
$25.00 per day
4 PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ~ day of flt_, 2022 (the effective date) by and between The City of Reedley, hereinafter referred to as "CITY", and LSA, hereinafter referred to as "CONSUL TANT".

IN CONSIDERATION of the covenants to hereinafter set forth, the parties hereto mutually agree as follows:

RECITALS
WHEREAS, CITY desires to obtain consultant services in connection with environmental analysis, land use and planning; and
WHEREAS, CONSULTANT is engaged in the business of furnishing technical and expert services in the fields of environmental analysis, land use and planning, and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and
WHEREAS, this Agreement will be administered for CITY by City Manager Nicole R. Zieba, with Project Management overseen by Community Development Director Rodney L. Horton.

AGREEMENT
NOW, THEREFORE, in consideration of the forgoing recitals which are part of this Agreement and the terms and conditions hereinafter contained, it is mutually -agreed as follows:

1. Scope of Services. CONSULT ANT shall perform to the satisfaction of CITY services as requested by CITY relating to pursuant to Exhibit "A" which is incorporated herein by reference.

2. Term of Agreement. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through June 30, 2023 subject to any earlier termination in accordance with this Agreement.

3. Compensation. CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be pursuant to Exhibit "B," which is incorporated herein by reference.

4. Termination. Either party may terminate this Agreement at any time by giving notice of such termination (including the effective termination date) at least thirty (30) calendar days before the effective date of such termination. In the event of termination, all furnished or unfurnished documents, reports, or other materials prepared by CONSUL TANT under this Agreement shall become ..... Return to TOC: =
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CITY'S property. CONSUL TANT shall be entitled to receive compensation for all satisfactory work completed prior to the effective date of termination.

5. Indemnification.
(a) Indemnity for Professional Liability: When the law establishes a professional standard of care for CONSULTANT'S Services, to the fullest extent permitted by law, CONSUL TANT shall indemnify, protect, defend, and hold harmless the CITY and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSUL TANT, its officers, agents, employees, or Subconsultants (or any Agency or individual that CONSUL TANT shall bear the legal liability thereof) in the performance of professional services under this Agreement.
(b) Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsels fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequeflce of, or are in any way attributable to, in whole or in part, the negligent performance of this Agreement by CONSUL TANT or by any individual or Agency for which CONSUL TANT is legally liable, including, but not limited to, officers, agents, employees, or subcontractors or CONSULTANT.

6. Insurance.
(a) Throughout the life of this Agreement, CONSUL TANT shall pay for and maintain in full force and effect all insurance as required in Exhibit "C" or as may be authorized, any additional insurance as may be required, in writing by City Manager or her designee at any time and in her sole discretion. (b) If at any time during the life of the Agreement or any extension, CONSUL TANT or any of its subcontractors fail to maintain insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSUL TANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. And failure to maintain the required insurance shall be sufficient cause for CITY to terminate this agreement. No action taken by CITY pursuant to this Return to TOG:= ··-
section shall in any way relieve CONSUL TANT of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceeding, or has had proceedings commenced against it, indicating that the insurer is insolvent.

7. Nondiscrimination. To the extent required by controlling federal, state, and local law, CONSULT ANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran, or veteran of the Vietnam era.

8. Independent Contractor. In the furnishing of the services provided for herein, CONSUL TANT is acting solely as an independent contractor. Neither CONSULT ANT, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venture, partner, or associate of CITY for any purpose. CITY shall no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions.

However, CITY shall retain the right to administer this Agreement so as to verify that CONSULT ANT is performing its obligations in accordance with the terms and conditions thereof.

9. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, sent via electronic mail followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of mailing thereof.

10. Assignment. This agreement is personal to CONSUL TANT and there shall be no assignment by CONSULT ANT of its rights of obligations under this Agreement without the prior written approval of the City Manager or her designee.

11. Compliance with Law. In providing the services required under this Agreement, CONSULT ANT shall at all times comply with all applicable laws of the United States, the State of California, and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
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12. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

13. Governing Law and Venue. This agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.

14. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this A_greement.

15. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.

16. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.

17. Attorneys' Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys' fees and legal expenses.

18. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.

19. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement shall be null and void. 3
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20. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

21. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.

22. Ownership of Documents and Data.
(a) Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY. Documents, including spreadsheets, calculations, drawings and specifications, prepared by CONSUL TANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSUL TANT will be at CITY's sole risk and without liability to CONSUL TANT. Further, any and all liability arising out of changes made to CONSUL TANT's deliverables under this Agreement by CITY or persons other than CONSUL TNAT is waived as against CONSUL TANT, and the CITY assumes full responsibility for such changes made by the CITY or its agents unless the CITY has given CONSULT ANT prior notice and has received from CONSUL TANT written consent for such changes. (b) Publication: No report, information, or other data given or prepared or assembled by the CONSUL TANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULT ANT without the prior written approval of the CITY. Notwithstanding the foregoing, however, the CONSUL TANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with the law; or (3) must be disclosed in connection with any legal proceedings.
(c) Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise Re turn to TOC: ·-=
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use, and to authorize others to use the material for government or public purposes.
(d) Notwithstanding the paragraphs above, all computer financial models including without limitation compilations of formulas and spreadsheet models used or developed by the CONSULTATION in performing its work are proprietary and shall remain property owned solely by the CONSUL TANT.

CITY OF REEDLEY, a LSA
By: By:

Nico e R. Zieba, City Manager Anthony Petros, President Date: Ii In /LL I - Date: October 20, 2022
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Exhibit "A"

SCOPE OF SERVICES
Consultant Service Agreement between the City of Reedley and LSA Return to TOC: ·=
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June 7, 2022
Rodney Horton, MPA
Community Development Director
City of Reedley
1733 9th Street
Reedley, CA 93654
Subject: LSA Statement of Qualifications for On-Call Planning and Environmental Consulting Services
Dear Mr. Horton,

CARLSBAD
CLOVIS
IRVINE

LOS ANGELES

PALM SPRINGS

POINT RICHMOND

RIVERSIDE

ROSEVILLE

SAN LUIS OBISPO
LSA is pleased to submit this Statement of Qualifications for On-Call Planning and Environmental Consulting Services for the City of Reedley (City). We are very interested in working in Reedley, and while staff in LSA's Clovis office will be the primary point of contact for on-call services, LSA has the size and depth of experience to promptly respond to any requests for services.

LSA currently holds more than 1,000 active contracts, 70 of which are on-call contracts with public and private entities throughout California, including Fresno County and the cities of Porterville and Clovis. This depth and breadth of experience has contributed to LSA's comprehensive understanding of the skills necessary to manage an on-call contract and multiple task orders. LSA recognizes that an on-call assignment requires an "on-call" obligation. The knowledgeable LSA team will act quickly with a solutions-oriented approach, be responsive to myriad possible requests, and commit to having adequate staff to efficiently address task orders. The core strengths that underpin LSA's successful delivery of on-call services are timely, clear, and productive communication. LSA is committed to providing the City with prompt, efficient service, and unparalleled expertise.

LSA's environmental staff includes expert CEQA and NEPA practitioners that have prepared thousands of Environmental Impact Reports, Initial Studies, Negative Declarations, Mitigation Monitoring and Reporting Programs, and Categorical Exemptions to support planning efforts throughout the State . LSA produces legally sound CEQA and NEPA documents that are written in a manner that makes them easy to read and understandable to a diverse audience including planners, designers, attorneys, decision-makers, members of the community, and local interest groups. LSA provides informative graphics to support the analysis and make the documents easier to read. LSA also strives to provide adequate background information to help interested individuals and community interest groups understand topics that do not always fall within the requirements of CEQA and NEPA (e.g., socioeconomic issues, policy consistency}. Simple attributes such as clear formatting, a well-organized heading structure, and explicit descriptions of project impacts and mitigation measures facilitate the creation of readable and useful documents. 2565 Alluvial Avenue, Suite 172, Clovis, California 93611 559.490.1210 www.lsa.net LSA is a husiness name of LSA Associates, Inc.
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SA

APPROACH
LSA approaches each project with the goal of functioning as an extension of City staff. This approach gives LSA insight into preparing legally defensible and concise documents that allow for City decision-makers, members of the public, and City staff to easily understand the projects under consideration. Our proximity to the City's office, allows LSA staff to be availability to attend inperson meetings. LSA believes that as the consultant undertaking environmental review assignments or technical studies we can offer:
• An ability to quickly gain an understanding of the local environment (both physical and political); • A strong anticipatory project management style that allows the City and team to make informed decisions about key issues and the level of effort needed to address them; ~ An ability to work effectively and efficiently with City staff, project proponents, attorneys, and the public; and
• A willingness to be flexible and responsive to the demands and needs of a particular project.

LSA is committed to implementing these characteristics for every project we undertake. Once we are tasked with conducting the environmental review for a particular project, we begin the effort by gathering as much initial information as we can about the project from City staff, a site visit, and often the project architect or engineer. We then prepare a detailed scope of work, a schedule, and a budget.

Our work programs and products are designed to achieve the following key objectives:
o Maximize the use of existing data that has already been assembled for the project site - we will not reinvent the wheel at the City or applicant's expense·, • Complete project documentation that provides clear and concise information and level of analysis, is legally sound, and provides the public, agencies, and the City's decision-makers with a complete understanding of the potential environmental consequences of the project.

Our approach is to identify issues early in the process and work diligently with the project team to develop effective solutions. LSA's ability to d~liver spans the entire life cycle of a project, starting with opportunities and constraints analyses, and reconnaissance surveys, proceeding through environmental review and approvals, permitting, mitigation monitoring, and construction monitoring. Key strengths that LSA brings to the City of Reedley are as follows:
t Understanding of City Staff Needs. Through our experience working with public agencies, we know that City staff can be stretched thin by the time and effort required to manage the planning and environmental review process. We believe that the ability of LSA staff to work independently of, but in close communication with, staff is one of our greatest assets. We routinely assist staff with public noticing, the preparation of staff reports, findings/statements of 6/7/22 (\\lsaazf,l es.file.core.windows.net\[lroj~c cs\0ll0 • PROPOS/\LS\Reedl~•t On -Call Planning and CEQA\LSA_Services.ctoc~) 2 Return to TOC: ·-=
l SA
overriding considerations, and presentations for public hearings. We are adept at responding to questions from decision-making bodies about complex projects and planning issues. , Tenacious Attention to Deadlines and Schedule. LSA frequently works with clients to develop aggressive schedules to accommodate deadlines as they may relate to project funding, land purchase options, timing of public hearings, or construction time frames . Schedules may be condensed through early agreement on the project description, swift transmittal of needed data, and shortened review periods. City staff and applicants will find that LSA is exceptionally responsive and will go the extra mile to achieve the agreed-upon schedule(s) . 11 Proactive Project Management. LSA provides comprehensive, active project management, ensuring overall project quality, coordination and timeliness. Each of LSA's assigned staff members is skilled at anticipating and dealing with issues that may arise during the course of the project. Rather than postpone difficult issues or unpleasant news, LSA's style is to raise issues early and solve problems.

Iii! Senior Staff Involvement. LSA is committed to the use of senior-level staff. For any project that LSA undertakes, the LSA team will be directed by a principal of the firm and managed by a senior project manager. The management team will oversee the project, coordinate with City staff, and ensure that all tasks are completed in an efficient, cost-effective, and timely manner. 11 Objective and Impartial Analysis. We undertake our research, analysis, writing and presentations with the aim of providing technically competent and scientifically objective work products. Our contribution to promoting the applicant's objectives is focused on preparing a CEQA document that is technically thorough and conducting the public process in a way that is transparent and accessible. We believe that the best advocacy is a document that is impartial, above reproach, and legally/technically robust.

The technical experts on our team conduct their analysis to meet the standards and methodologies of the City; they also understand that there may be multiple approaches to address issues and meet standards. LSA Principals and Project Managers have a proven ability to discuss multiple approaches and objectives with the City, legal staff, and applicant (as necessary) and come to an agreement on the approach that best meets the City's needs for complying with State law and the requirements of the decision-makers. Work products must be adequate to meet the requirements of the State CEQA Guidelines, State Planning and Zoning law, NEPA, and National Historical Preservation Act,

LSA'S SERVICES & EXPERTISE
Working with specialists across discipl ines, LSA's environmental project managers offer deep knowledge of science and regulation, solid problem-solving skills, and well-rounded solutions. This balanced approach has earned LSA a reputation for thorough, cred ible, objective analysis that meets agency requirements without compromising clients' objectives. LSA's CEQA and NEPA teams are supported by a wealth of in-house technical specialists. The following disciplines are highlighted:
environmental analysis, land-use planning/resource management, agricultural resources, air quality and greenhouse ga s emissions (GHG), biological resources, cultu ral resources (including archa eology 6/7/22 (\\lsa~zfiles .fi le.core.wincl ows.ne t\projects\000 • PROPOSALS\Reecl le'/ On-Call Planning and CEQJ\\LSJ\_Services.doc~) 3 Return to TOC·-: =

REEDLEY CITY COUNCIL
DATE: June 25, 2024
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Consent
Regular Item
Workshop
Closed Session
Public Hearing
ITEMNO: {Q
TITLE: CONSIDER APPEAL OF BUSINESS LICENSE REVOCATION FOR MIXTECO

ICE CREAM (ANGEL NERI, OWNER)
APPROVED: Nicole R. Zieba }~
City Manager v 0

RECOMMENDATION
That the City Council hold an appeal hearing regarding the revocation of the Business License of Mixteco Ice Cream, under ownership of Angel Laureano Neri, and make a determination as to whether the License should be reinstated.

BACKGROUND
Reedley Municipal Code Section 3-2-14 governs the enforcement and suspension or revocation of Business Licenses due to violations of Reedley Municipal Code. The City's code enforcement efforts regarding Mixteco date back to October 2022. Further detail of such efforts are described in the Code Enforcement Report included as Attachment 2. On June 14, 2024, the Finance Department revoked the Business License for Mixteco Ice Cream due to violations of Code. Under Reedley Municipal Code Section 3-2-14(E), the licensee has the opportunity to appeal the Business License revocation to the City Council. Upon receipt of written notice of appeal, the appeal must be heard at the next regular City Council meeting. The decision of the City Council is final.

ATTACHMENT

1. Appeal request from Angel Neri regarding revocation of Business License of Mixteco Ice Cream

2. Code Enforcement Report and Business License revocation request

3. June 14, 2024 Notice of License Revocation for Mixteco Ice Cream

4. June 19, 2024 Notice of Appeal Hearing to be held June 25, 2024

June 19, 2024
City Clerk
1717 9th Street
Reedley, CA 93654
Mixteco Ice Cream
c/o Mr. Angel L. Neri
1639 S Orange Ave.

Fresno, CA 93702
Dear Reedley City Council,
Please accept this letter as my appeal to The City of Reedley's decision to suspend and revoke my business license. It is my understanding based on your letter of suspended revoked dated June 19, 2024 the suspension has been due to:

Misrepresentation: No person shall knowingly or intentionally misrepresent to any officer or employee of this city any material Jae in procuring the license or permit herein provided for.

I, Angel Neri am appealing the decision stated above of the suspension and revoking my business license in the city of Reedley. I would like to schedule a hearing to explain why I feel should not be revoked. My business is my only form of income to support my family. I am the sole provider for my 5 children and wife who are part of my business that has been running since 2022.

The incident that occurred a few weeks ago at the Reedley Sports Park was a misunderstanding due to my lack of the English Language. That day I felt attacked and being treated unjustly. At this same location another vendor was selling same products and was not treated the same.

The city Health Inspector stated I did not have the proper permits to sell, which I did and I attempted to show her all my permits however, the inspector didn't bother checking my permits. I felt I was not being heard as I attempted to explain to her the situation but at that moment both us were already frustrated with the situation. I felt powerless because the health inspector was not understanding my poor English language and I feel the miscommunication was what caused all this and the health inspector was fed up and still asked me to leave the premises.

At this point, I feel targeted without knowing exactly what I'm doing wrong to have my business license suspend and revoked. It was brought to my attention from another location in which I sell that the City Inspector was on the lookout for me. I would like to know what I can change to continue with my business. I am willing to correct anything that needs to be fixed. Once again, I apologize if my lack of English language caused any misunderstanding and I would like to apologize to the Health Inspector if I offended her in any way.

I really hope you can hear me and guide me in obtaining my permit once again and continue running my business. This is my only source of income for my family and I feel very overwhelmed not knowing how we are going to survive.

Sincerely,
:-)~.d
AngelJ
·. .\ ~ . : .. ·
Business License Revocation Request
TO: Paul Melikian, Lori Oken, Jerry Isaak
FROM:Jesalyn Harper
DATE: June 4, 2024
RE: Business License Revocation Request, Angel Laureano Neri Per Code Enforcements case history, Code Enforcement is requesting the business licenses issued to Angel Laureano Neri, License No. 0000007233 be revoked. Angel Neri has repeatedly violated his Fresno County Public Health Permit and his Reedley Business license requirements under municipal codes 3-2-13 (A)(B)(C), 3-2-11-2. Neri has continuously falsely reported other mobile vendors to Reedley Code Enforcement as an attempt to lower competition. Neri has also aggressively approached other mobile vendors and has threatened them and has become violent at times.

First Encounter
Code Enforcement's first encounter with Neri was in October 2022. Code Enforcement approached a mobile vendor at C.F. Mueller Park. The vendor did not have a business license.

Code Enforcement required the vendor to call the individual that dropped the vendor off. Neri arrived in a white van and collected the vendor. Code Enforcement educated Neri that a business license is required to perform sales in Reedley. Neri loaded the vendor and Code Enforcement left the park.

Code Enforcement became aware on the way back to the Fire Station that they were being followed by Neri's white van. Code Enforcement did not return to the station, unsure of the intent of Neri. Neri circled the Fire Station and left. Code Enforcement returned to the station and entered the locked building. Neri sent the mobile vendor to the Fire Station to verify if Prevention 130 was parked in the parking lot before leaving to continue selling. All activities were caught on Fire Station surveillance camera.

Incident was reported to Reedley Police Department. Van was observed at a later date in Reedley. Reedley Police Department made contact with Neri about incident. Neri was advised not to follow the Prevention 130 vehicle again after a contact.

Neri came to the Fire Station and apologized to Code Enforcement and began reporting other mobile vendors. Code Enforcement gave the Code Enforcement cell phone number to Neri for him to report illegal mobile vendors.

Second Encounter
In April 2023, a mobile vendor was observed operating without a permit or business license.

The vendor refused to provide owner information and refused to call to be picked up. Due to the vendor not willing to provide Photo ID or being able to provide proof of ownership of the cart, Code Enforcement took possession of the cart till the owner could come and claim it. On April 25, 2023, Angel Neri came to the Fire Department and claimed the cart, and was issued a citation for operating without a permit or license. Angel was educated about the permit and licensing process. License No. 2118 was paid in full later the same day.

Third Encounter
The third encounter with a Neri vendor was on December 11, 2023. Code Enforcement observed a Mixteco mobile vending push cart. The push cart was permitted with Fresno County for only selling pre-packaged food due to the cart not having a hand washing station. The cart had corn, snow cones, and open chip bags for seasoning. The employee was instructed to call Neri to come and pick him up. Code Enforcement called Neri to discuss the lack of proper permitting. Neri was adamant that Code Enforcement was selectively enforcing on his carts.

Code Enforcement advised Neri to operate within the perimeters of the permits and license or update his cart to have a washing station and obtain permits from Fresno County. A white van picked up the vendor.

On the same date, Code Enforcement found a second cart with Mixteco stickers on the side.

The vendor claimed he did not work for Neri, that the stickers had been given as a gift. Vendor refused to provide photo ID and stated that no one could come and pick him up and he would continue to sell. Due to a lack of Fresno County Public Health License, Code Enforcement performed a summary abatement on the cart. Code Enforcement removed the corn, ice for snow cones and pinwheels. Vendor left the property and abandoned the cart and refusing the Warning Citation. Code Enforcement held the cart for 30 days waiting for property owner or vendor to come and claim cart. After 30 days the cart was legally discarded.

March Mobile Vendor Operation
Code Enforcement had been receiving various complaints that mobile vendors were becoming aggressive at churches in Reedley. Code Enforcement set up a sting operation to watch churches and parks in the area for mobile vendor enforcement On March 3, 2023. Neri was observed parked on the street for over an hour.

Violations

1. Except as otherwise provided, the vendor shall not make sales while stopped or parked in the public right of way except by prior appointment with or on the invitation of an identifiable buyer. Stopping or parking shall be out of established travel lanes.

2. No such vendor shall remain stationary in the public right of way for more than one hour at any location in any city block in any two (2) hour period, and shall not stop or be situated closer than one thousand feet (1,000') from any restaurant, concession or other mobile vendor.

Code Enforcement went to approach Neri and found 2 more vendors operating in close proximity to the church. One vendor had been previously inspected and confirmed to have been in compliance. The other vendor had not been inspected and was relocated away from the church for Code Enforcement to be able to inspect.

Mobile vendor was not permitted with Fresno County Public Health and did not have-a Reedley Business License. The vendor claimed he did not work for Neri, but was identified as a repeat offender and did share a surname with Neri. Code Enforcement performed a summary abatement for items that posed a potential hazard to public health and safety. Corn and pinwheels were removed, ice for snow cones was dumped.

Vendor went to Citizens Park to wait for pick up. Neri moved his vehicle around to Citizens Park and was speaking with vendor. He then called the Code Enforcement cell phone and again claimed that Code Enforcement was performing selective enforcement, but claimed the vendor was not his.

Sports Park Incident
On May 31, 2024 at 8: 14 pm Code Enforcement received a phone call after hours on the Code Enforcement cell phone from the Reedley Soccer League utilizing the Reedley Sports Park, claiming that mobile vendors were accessing the park and refusing to leave even with the concession stand open and operating. Reporting party estimated approximately 3-4 mobile vendors were present.

Code Enforcement responded to the call at the Sports Park and found multiple vendors operating on the premises. 3 of the 4 vendors are owned by Angel Neri. Neri's large truck was parked in a no parking zone again in violation of 3-2-13(A)(B). Neri was told he had to leave the park. He immediately began to pack up the vehicle to leave. Please note, this is not the only time that Neri has been observed violating parking violations. Neri has also advertised on his social media account parking his vehicle illegally.
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Code Enforcement approached the nearest vendor that was selling on the soccer field. The hand cart is owned by Angel Neri. The hand cart is permitted with Fresno County Public Health for the sell of pre-packaged food. The vendor had opened food and was preparing food consisting of pinwheels and chips with sauce and juice. While Code Enforcement discussed the situation with the vendor that she would not be allowed to sell at the park any longer and that she was not allowed to sell the opened packaged food, Neri approached the two aggressively demanding Code Enforcement enforce the other vendors at the park.

Code Enforcement addressed Neri, stating all vendors would be addressed at the park but that he needed to focus on his present violations at this time. Neri continued to claim that Code Enforcement was performing select enforcement and he could sell. Code Enforcement called the Fresno County Public Health Mobile Vendor Supervisor, Thomas Fuller, to speak with Neri.

Neri continued to yell and be aggressive with Fuller over the phone and continued to focus on another vendor present at the park. Fuller continued to cycle back to the limitations of the permit for food sales, finally ending the call with Neri.

Code Enforcement relayed to Neri, that he could either remove the chips and sauces from the hand cart and store them on his ice cream truck that is permitted to sell such items or he would be receiving an administrative citation. Neri agreed to remove the items from the push cart.

Once the items were removed, Code Enforcement again requested the cart leave the park. The vendor pushed the cart down the sidewalk approaching the parking lot but continued to attempt to stop and sell.

Neri parked his truck and push cart in the overflow parking lot of the Sports Park but did not appear to be making sales. Code Enforcement spoke with the managers of the Soccer League and explained the rules for mobile vending. Stated that if mobile vendors approached the park again illegally that it would be best to notify Code Enforcement or the Police Department. While Code Enforcement was discussing situation with managers, Adiel Corn had been hiding in the park and attempted to leave.

MEXICO INSTITUTO NACIONAl ELECTORAL
CREOENCJAL PARA VOTAR ·
Operator of Adiel Corn was advised not to operate in any of the parks anymore and to leave the sports park immediately. Adiel Corn agreed to do so.

Adiel Corn
Code Enforcement is also requesting the business license for Adiel Corn be revoked due to violations of 3-2-14(8) Misrepresentation.

Misrepresentation: No person shall knowingly or intentionally misrepresent to any officer or employee of this city any material fact in procuring the license or permit herein provided for.

Code Enforcement has had multiple interactions with Luis Gustavo Laureano Gomez about nonpermitted sales in the City of Reedley limits that have also resulted in the summary abatement of hazardous food. Gomez has been asked repeatedly who he worked for and who owned the cart, he would not provide information on ownership.

When asked if he worked for Neri he told officers no.

The business license application and information provided to the City of Reedley reflects Olivia Trinidad as the owner of Adiel Corn. However, the Fresno County Health permit identities Angel Neri as the legal owner and the cart's legal name being Mixteco, not Adiel Corn. The cart reflecting a different name than the business name on the Fresno County permit is a violation of the Fresno County Public Health laws for mobile vendor operation.

Please note, the Facility ID No. is Neri's assigned business number with Fresno County Public Health, reflecting 285848. The Record ID No. reflects the unit allowed to operate under the Facility ID No. The Record ID No. 10090042 is for a mobile food vendor Mixteco. This is the same number on Adiel Corn and is also advertised on Neri's social media.

FACILITY ID: FA00285848
Official Consumer Food Protection Inspection Report
Department of Public Health Environmental Health Division 1221 Fulton Street, P.O. Box 11867, Fresno, CA 93775, Phone (559) 600-3357 http://www.fcdph.org Email: [email protected] RECORD ID: FOOD10090042 CT: Tract 13.03

MIXTECO ICE CREAM
1639 S ORANGE AVE
FRESNO CA 93702
OWNER: ANGEL LAUREANO

CMFO CART
(559) 672-9051
Time In: 03/19/2024 11:15 am
Time Out: 03/19/2024 12:00 pm
Reins ection Date:

FOOD Mobile Facility Final Inspection Mobile Food Vendors - Mobile Food Facility{MFF) Permit Expiration Date: Sticker Affixed: Yes Balance Due: $316.00 Location Found DOCUMENTS OBTAINED D OP STATEMENT OBTAINED or D Operating: 1639 S ORANGE AVE 0 COMM AUTH 0 DRIVERS UC. N/A Commissary Name: QUEENY'S CATERINc D VEHICLE REG @ LAST SIX VIN: N/A FSC Name: ANGEL LAUREANO Exp. Date Agency:

Linen (ppm) Cl: Linen (ppm) Qt: Utensil Sink (ppm) Cl:

Utensil Sink (ppm) Qt: Hot Temperature: 140 Cold Temperature:

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The false owner listed for the Adiel Corn, Olivia Trinidad appears to also be the vendor that was selling non-permitted food at the Sports Park who appears to be an employee of Angel Neri.

Neri was also the operator that signed off on the Adiel Corn Reedley Police Department Vehicle Safety Inspection Mobile Vendors form.

Resolution
Code Enforcement believes that the previous history and ongoing violations with Mixteco Ice Cream and Adiel Corn are enough evidence to warrant a business license revocation for the City of Reedley. Neri has continuously operated with blatant disregard for public health and safety and has at times exhausted city resources as a way to target competitors in Reedley.

Neri has also become verbally aggressive to the point of intimidating City Staff and Fresno County Staff in efforts to be allowed to operate outside of the regulations. Code Enforcement and Fresno County Public Health have repeatedly educated Neri on the regulations and rules but to no avail. Revocation is Code Enforcement's final step in protecting the community for which we serve.

City of Reedley
Administrative Services
845 G Street
Reedley, CA 93654
(559) 637-4200
Sent by USPS Certified Mail with Return Receipt requested and by Regular USPS Mail with Proof of Mailing
June 14, 2024
Mixteco Ice Cream
c/o Mr. Angel L. Neri
1639 S Orange Ave
Fresno, CA 93702
Re: Revocation of City of Reedley Business License effective June 19, 2024 Mr. Neri:

You are hereby informed that your Business License to conduct business in the City of Reedley is being suspended and revoked effective June 19, 2024. The reasons for this action are repeated violations of your Fresno County Public Health Permit and Reedley Business license requirements under municipal codes 3-2-13 (A)(B)(C), 3-2-11-2.

You may file a written appeal with the City Clerk at 1717 9th Street, Reedley, CA 93654 protesting this suspension within two (2) days of the effective date of such suspension.

Your appeal will be heard at the next regular meeting of the City Council, at which time the City Council shall hear and receive evidence, written and oral upon all matters involved. The decision of the City Council shall be final upon all parties concerned.

If a written appeal is not received by the City Clerk by 5:00 P.M. (PST) June 21, 2024, this suspension shall be deemed permanent and all such licenses or permits issued shall be deemed revoked.

Your Business License fees of $104.00 for July 1, 2024 through June 30, 2025 are being refunded to you in the form of the enclosed check.

Sincerely,
Paul A. Melikian
Assistant City Manager/Finance Director
Enclosure
City of Reedley
Administrative Services
845 G Street
Reedley, CA 93654
(559) 637-4200
Sent by USPS Certified Mail with Return Receipt requested and by Regular USPS Mail with Proof of Mailing
June 19, 2024
Mixteco Ice Cream
c/o Mr. Angel L. Neri
1639 S Orange Ave
Fresno, CA 93702
Re: Appeal to Revocation of City of Reedley Business License Mr. Neri:

The City of Reedley has received your written appeal in regards to the revocation of your Business License.

Your appeal will be heard at the next regular meeting of the City Council on Tuesday, June 25, 2024 at 7:00 P.M., located at 845 G Street, Reedley, CA 93654, at which time the City Council shall hear and receive evidence, written and oral, upon all matters involved. The decision of the City Council shall be final upon all parties concerned.

Your City of Reedley Business License is valid pending resolution of the appeal.

Sincerely,
Paul A. Melikian
Assistant City Manager/Finance Director
Enclosure

REEDLEY CITY COUNCIL
DATE: June 25, 2024
D Consent
D Regular Item
D Workshop bl Closed Session
~ Public Hearing
ITEM NO: I
TITLE: CONSIDER APPEAL OF BUSINESS LICENSE REVOCATION FOR ADIEL

CORN (OLIVIA TRINIDAD, OWNER)
APPROVED: Nicole R. Zieba /~ -
City Manager v O

RECOMMENDATION
That the City Council hold an appeal hearing regarding the revocation of the Business License of Adiel Corn, under ownership of Olivia Trinidad, and make a determination as to whether the License should be reinstated.

BACKGROUND
Reedley Municipal Code Section 3-2-14 governs the enforcement and suspension or revocation of Business Licenses due to violations of Reedley Municipal Code. The City's code enforcement efforts regarding Adiel Corn have been ongoing for sometime. Further detail of such efforts are described in the Code Enforcement Report included as Attachment 2. On June 14, 2024, the Finance Department revoked the Business License for Adiel Corn due to violations of Code. Under Reedley Municipal Code Section 3-2-14(E), the licensee has the opportunity to appeal the Business License revocation to the City Council. Upon receipt of written notice of appeal, the appeal must be heard at the next regular City Council meeting. The decision of the City Council is final.

ATTACHMENT

1. Appeal request from Olivia Trinidad regarding revocation of Business License of Adiel Corn

2. Code Enforcement Report and Business License revocation request

3. June 14, 2024 Notice of License Revocation for Adiel Corn

4. June 19, 2024 Notice of Appeal Hearing to be held June 25, 2024

June 19, 2024
City Clerk
1717 9th Street
Reedley, CA 93654
Adiel Corn
c/o Ms. Olivia Trinidad
404 D street
Orange Cove, CA 93646
Dear Reedley City Council,
. · .. :·· .. ::. -.· . .

Please accept this letter as my appeal to The City of Reedley's decision to suspend and revoke my business license. It is my understanding based on your letter of suspended revoked dated June 19, 2024 the suspension has been due to:

Misrepresentation: No person shall knowingly or intentionally misrepresent to any officer or employee of this city any material Jae in procuring the license or permit herein provided for.

I, Angel Neri am appealing the decision stated above of the suspension and revoking my business license in the city of Reedley. I would like to schedule a hearing to explain why I feel should not be revoked. My business is my only form of income to support my family. I help to provide for my 5 children and husband who is part of my business that has been running since 2024.

The incident that occurred a few weeks ago at the Reedley Sports Park was a misunderstanding due to my lack of the English Language. That day I felt attacked and being treated unjustly. At this same location another vendor was selling same products and was not treated the same.

The city Health Inspector stated I did not have the proper permits to sell, which I did and I attempted to show her all my permits however, the inspector didn't bother checking my permits. I felt I was not being heard as I attempted to explain to her the situation but at that moment both us were already frustrated with the situation. I felt powerless because the health inspector was not understanding my poor English language and I feel the miscommunication was what caused all this and the health inspector was fed up and still asked me to leave the premises.

At this point, I feel targeted without knowing exactly what I'm doing wrong to have my business license suspend and revoked. It was brought to my attention from another location in which I sell that the City Inspector was on the lookout for me. I would like to know what I can change to continue with my business. I am willing to correct anything that needs to be fixed. Once again, I apologize if my lack of English language caused any misunderstanding and I would like to apologize to the Health Inspector if I offended her in any way.

I really hope you can hear me and guide me in obtaining my permit once again and continue running my business. This is my only source of income for my family and I feel very overwhelmed not knowing how we are going to survive.

Sincerely,
Olivia Trinidad
Business License Revocation Request
TO: Paul Melikian, Lori Oken, Jerry Isaak
FROM:Jesalyn Harper
DATE: June 4, 2024
RE: Business License Revocation Request, Angel Laureano Neri Per Code Enforcements case history, Code Enforcement is requesting the business licenses issued to Angel Laureano Neri, License No. 0000007233 be revoked. Angel Neri has repeatedly violated his Fresno County Public Health Permit and his Reedley Business license requirements under municipal codes 3-2-13 (A)(B)(C), 3-2-11-2. Neri has continuously falsely reported other mobile vendors to Reedley Code Enforcement as an attempt to lower competition. Neri has also aggressively approached other mobile vendors and has threatened them and has become violent at times.

First Encounter
Code Enforcement's first encounter with Neri was in October 2022. Code Enforcement approached a mobile vendor at C.F. Mueller Park. The vendor did not have a business license.

Code Enforcement required the vendor to call the individual that dropped the vendor off. Neri arrived in a white van and collected the vendor. Code Enforcement educated Neri that a business license is required to perform sales in Reedley. Neri loaded the vendor and Code Enforcement left the park.

Code Enforcement became aware on the way back to the Fire Station that they were being followed by Neri's white van. Code Enforcement did not return to the station, unsure of the intent of Neri. Neri circled the Fire Station and left. Code Enforcement returned to the station and entered the locked building. Neri sent the mobile vendor to the Fire Station to verify if Prevention 130 was parked in the parking lot before leaving to continue selling. All activities were caught on Fire Station surveillance camera.

Incident was reported to Reedley Police Department. Van was observed at a later date in Reedley. Reedley Police Department made contact with Neri about incident. Neri was advised not to follow the Prevention 130 vehicle again after a contact.

Neri came to the Fire Station and apologized to Code Enforcement and began reporting other mobile vendors. Code Enforcement gave the Code Enforcement cell phone number to Neri for him to report illegal mobile vendors.

Second Encounter
In April 2023, a mobile vendor was observed operating without a permit or business license.

The vendor refused to provide owner information and refused to call to be picked up. Due to the vendor not willing to provide Photo ID or being able to provide proof of ownership of the cart, Code Enforcement took possession of the cart till the owner could come and claim it. On April 25, 2023, Angel Neri came to the Fire Department and claimed the cart, and was issued a citation for operating without a permit or license. Angel was educated about the permit and licensing process. License No. 2118 was paid in full later the same day.

Third Encounter
The third encounter with a Neri vendor was on December 11, 2023. Code Enforcement observed a Mixteco mobile vending push cart. The push cart was permitted with Fresno County for only selling pre-packaged food due to the cart not having a hand washing station. The cart had corn, snow cones, and open chip bags for seasoning. The employee was instructed to call Neri to come and pick him up. Code Enforcement called Neri to discuss the lack of proper permitting. Neri was adamant that Code Enforcement was selectively enforcing on his carts.

Code Enforcement advised Neri to operate within the perimeters of the permits and license or update his cart to have a washing station and obtain permits from Fresno County. A white van picked up the vendor.

On the same date, Code Enforcement found a second cart with Mixteco stickers on the side.

The vendor claimed he did not work for Neri, that the stickers had been given as a gift. Vendor refused to provide photo ID and stated that no one could come and pick him up and he would continue to sell. Due to a lack of Fresno County Public Health License, Code Enforcement performed a summary abatement on the cart. Code Enforcement removed the corn, ice for snow cones and pinwheels. Vendor left the property and abandoned the cart and refusing the Warning Citation. Code Enforcement held the cart for 30 days waiting for property owner or vendor to come and claim cart. After 30 days the cart was legally discarded.

March Mobile Vendor Operation
Code Enforcement had been receiving various complaints that mobile vendors were becoming aggressive at churches in Reedley. Code Enforcement set up a sting operation to watch churches and parks in the area for mobile vendor enforcement On March 3, 2023. Neri was observed parked on the street for over an hour.

Violations

1. Except as otherwise provided, the vendor shall not make sales while stopped or parked in the public right of way except by prior appointment with or on the invitation of an identifiable buyer. Stopping or parking shall be out of established travel lanes.

2. No such vendor shall remain stationary in the public right of way for more than one hour at any location in any city block in any two (2) hour period, and shall not stop or be situated closer than one thousand feet (1,000') from any restaurant, concession or other mobile vendor.

Code Enforcement went to approach Neri and found 2 more vendors operating in close proximity to the church. One vendor had been previously inspected and confirmed to have been in compliance. The other vendor had not been inspected and was relocated away from the church for Code Enforcement to be able to inspect.

Mobile vendor was not permitted with Fresno County Public Health and did not have a Reedley Business License. The vendor claimed he did not work for Neri, but was identified as a repeat offender and did share a surname with Neri. Code Enforcement performed a summary abatement for items that posed a potential hazard to public health and safety. Corn and pinwheels were removed, ice for snow cones was dumped.

Vendor went to Citizens Park to wait for pick up. Neri moved his vehicle around to Citizens Park and was speaking with vendor. He then called the Code Enforcement cell phone and again claimed that Code Enforcement was performing selective enforcement, but claimed the vendor was not his.

Sports Park Incident
On May 31, 2024 at 8: 14 pm Code Enforcement received a phone call after hours on the Code Enforcement cell phone from the Reedley Soccer League utilizing the Reedley Sports Park, claiming that mobile vendors were accessing the park and refusing to leave even with the concession stand open and operating. Reporting party estimated approximately 3-4 mobile vendors were present.

Code Enforcement responded to the call at the Sports Park and found multiple vendors operating on the premises. 3 of the 4 vendors are owned by Angel Neri. Neri's large truck was parked in a no parking zone again in violation of 3-2-13(A)(B). Neri was told he had to leave the park. He immediately began to pack up the vehicle to leave. Please note, this is not the only time that Neri has been observed violating parking violations. Neri has also advertised on his social media account parking his vehicle illegally.
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Code Enforcement approached the nearest vendor that was selling on the soccer field. The hand cart is owned by Angel Neri. The hand cart is permitted with Fresno County Public Health for the sell of pre-packaged food. The vendor had opened food and was preparing food consisting of pinwheels and chips with sauce and juice. While Code Enforcement discussed the situation with the vendor that she would not be allowed to sell at the park any longer and that she was not allowed to sell the opened packaged food, Neri approached the two aggressively demanding Code Enforcement enforce the other vendors at the park.

Code Enforcement addressed Neri, stating all vendors would be addressed at the park but that he needed to focus on his present violations at this time. Neri continued to claim that Code Enforcement was performing select enforcement and he could sell. Code Enforcement called the Fresno County Public Health Mobile Vendor Supervisor, Thomas Fuller, to speak with Neri.

Neri continued to yell and be aggressive with Fuller over the phone and continued to focus on another vendor present at the park. Fuller continued to cycle back to the limitations of the permit for food sales, finally ending the call with Neri.

Code Enforcement relayed to Neri, that he could either remove the chips and sauces from the hand cart and store them on his ice cream truck that is permitted to sell such items or he would be receiving an administrative citation. Neri agreed to remove the items from the push cart.

Once the items were removed, Code Enforcement again requested the cart leave the park. The vendor pushed the cart down the sidewalk approaching the parking lot but continued to attempt to stop and sell.

Neri parked his truck and push cart in the overflow parking lot of the Sports Park but did not appear to be making sales. Code Enforcement spoke with the managers of the Soccer League and explained the rules for mobile vending. Stated that if mobile vendors approached the park again illegally that it would be best to notify Code Enforcement or the Police Department. While Code Enforcement was discussing situation with managers, Adiel Corn had been hiding in the park and attempted to leave.

Operator of Adiel Corn was advised not to operate in any of the parks anymore and to leave the sports park immediately. Adiel Corn agreed to do so.

Adiel Corn
Code Enforcement is also requesting the business license for Adiel Corn be revoked due to violations of 3-2-14(8) Misrepresentation.

Misrepresentation: No person shall knowingly or intentionally misrepresent to any officer or employee of this city any material fact in procuring the license or permit herein provided for.

Code Enforcement has had multiple interactions with Luis Gustavo Laureano Gomez about nonpermitted sales in the City of Reedley limits that have also resulted in the summary abatement of hazardous food. Gomez has been asked repeatedly who he worked for and who owned the cart, he would not provide information on ownership.

When asked if he worked for Neri he told officers no.

The business license application and information provided to the City of Reedley reflects Olivia Trinidad as the owner of Adiel Corn. However, the Fresno County Health permit identities Angel Neri as the legal owner and the cart's legal name being Mixteco, not Adiel Corn. The cart reflecting a different name than the business name on the Fresno County permit is a violation of the Fresno County Public Health laws for mobile vendor operation.

Please note, the Facility ID No. is Neri's assigned business number with Fresno County Public Health, reflecting 285848. The Record ID No. reflects the unit allowed to operate under the Facility ID No. The Record ID No. 10090042 is for a mobile food vendor Mixteco. This is the same number on Adiel Corn and is also advertised on Neri's social media.

FACILITY ID: FA00285848
Official Consumer Food Protection Inspection Report
Department of Public Health Environmental Health Division 1221 Fulton Street, P.O. Box 11867, Fresno, CA 93775, Phone (559) 600-3357 http://www.fcdph.org Email: [email protected] RECORD ID: FOOD10090042 CT: Tract 13.03

MIXTECO ICE CREAM
1639 S ORANGE AVE
FRESNO CA 93702
OWNER: ANGEL LAUREANO

CMFO CART
(559) 672-9051
Time In: 03/19/2024 11:15 am
Time Out: 03/19/2024 12:00 pm
Reins ection Date:

FOOD Mobile Facility Final Inspection Mobile Food Vendors - Mobile Food Facility(MFF) Permit Expiration Date: Sticker Affixed: Yes Balance Due: $316.00 Location Found DOCUMENTS OBTAINED D OP STATEMENT OBTAINED or D Operating: 1639 S ORANGE AVE 0 COMM AUTH 0 DRIVERS UC. N/A Commissary Name: QUEENY'S CATERINI • VEHICLE REG 0 LAST SIX VIN: N/A FSC Name: ANGEL LAUREANO Exp. Date Agency:

Linen (ppm) Cl: Linen (ppm) Qt: Utensil Sink (ppm) Cl:

Utensil Sink (ppm) Qt: Hot Temperature: 140 Cold Temperature:
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The false owner listed for the Adiel Corn, Olivia Trinidad appears to also be the vendor that was selling non-permitted food at the Sports Park who appears to be an employee of Angel Neri.

Neri was also the operator that signed off on the Adiel Corn Reedley Police Department Vehicle Safety Inspection Mobile Vendors form.

Resolution
Code Enforcement believes that the previous history and ongoing violations with Mixteco Ice Cream and Adiel Corn are enough evidence to warrant a business license revocation for the City of Reedley. Neri has continuously operated with blatant disregard for public health and safety and has at times exhausted city resources as a way to target competitors in Reedley.

Neri has also become verbally aggressive to the point of intimidating City Staff and Fresno County Staff in efforts to be allowed to operate outside of the regulations. Code Enforcement and Fresno County Public Health have repeatedly educated Neri on the regulations and rules but to no avail. Revocation is Code Enforcement's final step in protecting the community for which we serve.

City of Reedley
Administrative Services
845 G Street
Reedley, CA 93654
(559) 637-4200
Sent by USPS Certified Mail with Return Receipt requested and by Regular USPS Mail with Proof of Mailing
June 14, 2024
Adiel Corn
c/o Ms. Olivia Trinidad
404 D Steet
Orange Cove, CA 93646
Re: Revocation of City of Reedley Business License effective June 19, 2024 Ms. Trinidad:

You are hereby informed that your Business License to conduct business in the City of Reedley is being suspended and revoked effective June 19, 2024. The reasons for this action are violations of Reedley Business license requirements under municipal code 3- 2-14(8) Misrepresentation.

Misrepresentation: No person shall knowingly or intentionally misrepresent to any officer or employee of this city any material fact in procuring the license or permit herein provided for.

You may file a written appeal with the City Clerk at 1717 9th Street, Reedley, CA 93654 protesting this suspension within two (2) days of the effective date of such suspension.

Your appeal will be heard at the next regular meeting of the City Council, at which time the City Council shall hear and receive evidence, written and oral upon all matters involved. The decision of the City Council shall be final upon all parties concerned.

If a written appeal is not received by the City Clerk by 5:00 P.M. (PST) June 21, 2024, this suspension shall be deemed permanent and all such licenses or permits issued shall be deemed revoked.

Sincerely,
Paul A. Melikian
Assistant City Manager/Finance Director
City of Reedley
Administrative Services
845 G Street
Reedley, CA 93654
(559) 637-4200
Sent by USPS Certified Mail with Return Receipt requested and by Regular USPS Mail with Proof of Mailing
June 19, 2024
Adiel Corn
c/o Ms. Olivia Trinidad
404 D Steet
Orange Cove, CA 93646
Re: Appeal to Revocation of City of Reedley Business License Ms. Trinidad:

The City of Reedley has received your written appeal in regards to the revocation of your Business License.

Your appeal will be heard at the next regular meeting of the City Council on Tuesday, June 25, 2024 at 7:00 P.M., located at 845 G Street, Reedley, CA 93654, at which time the City Council shall hear and receive evidence, written and oral, upon all matters involved. The decision of the City Council shall be final upon all parties concerned.

Your City of Reedley Business License is valid pending resolution of the appeal.

Sincerely,
Paul A. Melikian
Assistant City Manager/Finance Director
DATE:

TITLE:

SUBMITTED:

APPROVED:

June 25, 2024

REEDLEY CITY COUNCIL
D Consent
D Regular Item
D Workshop
D Closed Session
~ Public Hearing
ITEM NO: 5 ---

CONSIDER THE FOLLOWING ITEMS (A) AND (B) FOR THE ANNEXATION OF TRACT 6408 PHASE I AND II (MANNING EAST OF THE KINGS RIVER) INTO THE

CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1.

A) OPEN PUBLIC HEARING FOR THE ANNEXATION OF TERRITORY (TRACT 6408 PHASE I AND II) INTO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 AS ZONE EE AND EE SUB AREA

1. CLOSE THE PUBLIC HEARING AND OPEN THE BALLOT(S).

B) ADOPT RESOLUTION NO. 2024-053 APPROVING THE ANNEXATION OF TERRITORY (TRACT 6408 PHASE I AND II) INTO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 AS ZONE EE AND EE SUB AREA 1,THE LEVY AND COLLECTION OF ANNUAL

ASSESSMENTS WITHIN SUCH TERRITORY COMMENCING WITH FISCAL YEAR 2024-2025 AND CONFIRMING A DIAGRAM AND ASSESSMENT
PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE

CALIFORNIA STREETS AND HIGHWAYS CODE
Marilu S. Morales, P.E. \ \ jJ\
City Engineer -Y'

RECOMMENDATION
Staff recommends that the City Council hold a public hearing, order the tabulation of ballots and upon determination that a majority protest does not exist, adopt Resolution No. 2024-053 approving the annexation of territory (Tract 6408 Phase I and II) into the City of Reedley Landscaping and Lighting Maintenance District No. 1 as Zone EE and EE Sub Area 1, the levy and collection of annual assessments within such annexation commencing with fiscal year 2024-2025 and confirming diagrams and assessments pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code.

BACKGROUND
On June 11, 2024, the City Council approved resolutions initiating the annexation process and declaring the City's intention to levy and collect annual assessments and setting the public hearing on June 25, 2024 for the annexation of territory into the City of Reedley Landscaping and Lighting Maintenance District (LLMD) No. 1 as Zone EE and EE Sub Area 1. The public was notified of this public hearing in accordance with State Law.

In order to maintain and provide for ongoing costs for future landscaping, street trees and street light utility costs within the public right of way, the territory is being annexed into the LLMD No. 1 as Zone EE and EE Sub Area 1. Zone EE and EE Sub Area 1 consists of Tract 6408 Phase I and 11 generally located on the southwest corner of Manning Avenue and North Kings Drive (Otani Annexation). Pursuant to the provisions of the Landscaping and Lighting Act of 1972 of the California Streets and Highways Code (the Act), Section 22500 et seq., the City may annex territory into an existing maintenance district to provide for the continued maintenance of landscaping and lighting improvements. This places the cost of maintaining the improvements upon the property owner(s) directly benefitting from them. Annexation of the property is required so that an assessment may be levied to cover maintenance cost for the improvements within the District.

The annual maintenance cost for Zone EE and EE Sub Area 1was calculated to be $124.52 per Equivalent Benefit Unit (EBU) with 93.4 Equivalent Benefit Units consistent with 10 proposed non-residential lots within Tract 6408 Phase I. The Engineer's Report on file with the City Clerk provides details for the proposed assessment. The assessment will commence with fiscal year 2024-2025.

In addition to the requirements of the California Streets and Highways Code, election procedures were followed in accordance with Article XIII D of the California Constitution (Proposition 218). Assessment ballots and notices of the public hearing were sent to all current property owners as shown on the latest County Equalized Assessor Roll. The ballots indicated the property proposed to be assessed, the proposed annexation zone and the proposed assessments for fiscal year 2024-2025.

FISCAL IMPACT
The City will collect approximately $11,630.00, whereby each property owner through property tax assessments, participates in the cost of maintaining landscaping and street lighting within Zone EE and EE Sub Area 1. After Fiscal Year 2024-25, the LLMD assessment will be subject to an increase each year based upon the Consumer Price Index, All Urban Consumers, for the San Francisco - Oakland - Hayward, CA ("CPI"), as determined by the United States Department of Labor, or its successor without conducting another mailed ballot election. The cost to process this annexation will be funded by the Developer of Tract 6408 as required by the conditions of approval.

PRIOR COUNCIL ACTIONS
On June 11, 2024, the City Council adopted Resolution No. 2024-051 and 2024-052 initiating proceedings and setting a public hearing for June 25, 2024.

ATTACHMENTS

1. Resolution No. 2024-053, Approving the annexation of territory (Tract 6408 Phase I and II) into LLMD No.1 as Zone EE and EE Sub Area 1, the levy and collection of annual assessments within such territory commencing with fiscal year 2024-2025 and confirming a diagram and assessment pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code

2. City of Reedley Engineer's Report LLMD No. 1 Annexation Zone EE and EE Sub Area 1 (Tract 6408 Phase I and II) Fiscal Year 2024-2025

3. Petition and Written Consent (Including Waiver)

RESOLUTION NO. 2024-053

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPROVING THE ANNEXATION OF TERRITORIES (TRACT 6408 PHASE I AND II) INTO THE CITY OF REEDLEY LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 AS ZONE EE AND EE SUB AREA 1, THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN SUCH TERRITORIES COMMENCING WITH FISCAL YEAR 2024-2025 AND

CONFIRMING A DIAGRAM AND ASSESSMENT PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND

ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION
WHEREAS, the City Council has, by previous Resolutions, initiated proceedings and declared its intention for the annexation of territory identified as Tract No. 6408 Phase I and II, Zone EE and Sub Area 1, hereinafter referred to as the "Annexation Territories", into the Landscaping and Lighting Maintenance District No. 1 (hereinafter referred to as the "District") and the levy and collection of assessments within the Annexation Territories commencing with fiscal year 2024-2025, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereinafter referred to as the "Act"), to pay the costs and expenses for the ongoing maintenance, operation, and servicing of the lighting and landscaping improvements and appurtenant facilities related thereto; and WHEREAS, after fully considering the Engineer's Report presented, the City Council adopted Resolution No. 2024-052 preliminarily approving said Engineer's Report, declared its intention to annex territories as Zone EE and EE Sub Area 1; to conduct a property owner protest ballot proceeding regarding the proposed assessments in compliance with the substantive and procedural requirements of the Assessment Law; and set the public hearing for June 25, 2024 at 7:00 p.m.; and WHEREAS, the landowner(s) of record within the Annexation Territories waived the 45-day noticing requirement and said Petition and Written Consent (Including Waiver) is on file with the City Clerk; and
WHEREAS, it is estimated that the improvements to be installed and constructed within the Annexation Territory will be accepted and maintained by the City as part of the District for the fiscal year2024-2025; and
WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the Annexation Territories for the fiscal year commencing July 1, 2024, and ending June 30, 2025 (FY 2024-2025), to pay the costs and expenses of the ongoing operation, maintenance, and servicing of improvements determined to be of special benefit to the properties and the development of properties within the Annexation Territory, and all appurtenant facilities related thereto; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Reedley, using their independent judgment, approves Resolution No. 2024-053 based on the following:

1. Protest Determination: Following notice duly given in accordance with law, the City Council has held a full and fair public hearing regarding the Engineer's Report, the annexation of territory to the District, and the levy and collection of the proposed assessment within such territory for FY 2024-25. All interested persons were afforded the opportunity to hear and be heard. The City Council considered all oral and written statements, protests and communications made or filed by interested persons, and tabulated all ballots. The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIII D of the California Constitution. All protests and objections to the annexation of territories to the District and the levy and collection of the proposed assessment against lots or parcels of property within the annexed territory for FY 2024-25 are hereby overruled by the City Council.

2. Findings: Based upon its review of the facts presented, the City Council hereby finds and determines that:
a. The land within the Annexation Territories will receive special benefit from the operation, maintenance, and servicing of improvements to be provided by the City as part of the District.
b. The Annexation Territories includes all of the lands receiving such special benefit. c. The net amount to be assessed upon the lands within the Annexation Territories has been apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services to be provided commencing in FY 2024-

25. d. Only special benefits are assessed, and no assessment is imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

3. Improvements: The City Council hereby orders the proposed improvements to be made.

Said improvements include, but are not limited to, the maintenance, operation, and incidental expenses related to the landscaped areas within the public right-of-ways or easements associated with the parcels of land within the Annexation Territories that may include, but are not limited to: street trees; turf; ground cover and shrubs; irrigation and electrical systems; monuments; hardscape improvements; and all necessary appurtenances and services connected with the public right-of-ways, public easements, and facilities designated, and to be maintained by the City in connection with the special benefit received by parcels of land within the Annexation Territories. The cost of providing such improvements generally include, but are not limited to, all materials, equipment, utilities, labor, and incidental expenses including administrative expenses for the regular annual maintenance as authorized by the Act. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained for the Annexation Territories are on file in the Department of Engineering of the City of Reedley and by reference these plans, and specifications are made part of this Resolution and the Engineer's Report prepared in connection with these proceedings.

4. Annexation Approval: The City Council hereby orders the annexation of territory to be known as "Tract No. 6408 Phase I and II, Zone EE and EE Sub Area 1 to the District.

The District will continue to be designated as the City of Reedley Landscaping and Lighting Maintenance District No. 1, the boundaries of which shall be contained in the assessment diagram for the District, the establishment of the maximum assessment rate Resolution No. 2024-053
and assessment range formula connected therewith; and the assessments for the fiscal year commencing July 1, 2024 and ending June 30, 2025.

5. Confirmation of Diagram and Assessment: The City Council hereby confirms the diagram and assessment, with respect to the annexed parcels, as originally proposed in the Engineer's Report. The assessment is in compliance with the provisions of the Act and Article XIII D of the California Constitution. The assessment is levied without regard to property valuation. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in Section 3 above for the fiscal year commencing on July 1, 2024 and ending on June 30, 2025.

6. Levy of Assessment: The adoption of this Resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2024 and ending June 30, 2025.

7. Collection of Assessments: The County Auditor of Fresno County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy so described in the Engineer's Report for the Annexation Territories as Zone EE and EE Sub Area 1 of the District, and such levies shall be submitted to the County Auditor along with the other assessments for the District and collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City.

8. Deposit of Funds: The City shall deposit all money representing assessments collected by the County for the Annexation Territories to the credit of a fund for Zone EE of the District, and such money shall be expended only for the maintenance, operation, and servicing of the improvements as described in the Engineers Report and generally described in Section 3 of this Resolution.

9. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council's approval of the annexation of the parcels within Zone EE and EE Sub Area 1 to the District, the adoption and confirmation of the Annexation Territory Assessment Diagram, and the establishment of the maximum assessment rates, assessment range formula, and the assessments for FY 2024-25 as contained in the Engineer's Report.

This foregoing resolution is hereby approved and adopted by the City Council of the City of Reedley this 25th day of June 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ASENT:

Anita Betancourt, Mayor
ATTEST:

Ruthie Greenwood, City Clerk
Resolution No. 2024-053
27368Via lndustria
Suite200
Temecula, CA 92590
T 951.587 .3500 I 800. 755.6864
F 951.587 .3510 I 888.326.6864

CITY OF REEDLEY

ENGINEER'S REPORT

LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 1

ANNEXATION ZONE EE AND
EE SUB AREA 1
(TRACT 6408 PHASE I AND PHASE II)
FISCAL YEAR 2024/2025
INTENT MEETING: JUNE 11, 2024
PUBLIC HEARING: JUNE 25, 2024
JUNE 2024

PREPARED BY

WILLDAN FINANCIAL SERVICES
W w1LLDAN

ENGINEER'S REPORT AFFIDAVIT

CITY OF REEDLEY
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1
ANNEXATION ZONE EE AND EE SUB AREA 1
(TRACT 6408 PHASE I AND PHASE II)
FISCAL YEAR 2024/2025

CITY OF REEDLEY, COUNTY OF FRESNO,

ST ATE OF CALIFORNIA

ENGINEER'S REPORT

AFFIDAVIT
As part of the Resolution of Intention packet presented for the consideration of the Reedley City Council, this Report and the enclosed budgets, diagrams, and descriptions outline the proposed annexation of Territories ("Tract 6408 Phase I and Phase II") to the Reedley Landscaping and Lighting Maintenance District No. 1 for Fiscal Year 2024/2025 as the same existed at the time this Report was prepared. Said annexation includes the lots and parcels of land identified as Parcels 17, 31, 32, and 33 and as of the date of this report identified as Assessor Parcel Numbers 368-350-17, 31, 32 and 33. Reference is hereby made to the Fresno County Assessor's Parcel Map for a detailed description of the lines and dimensions of each parcel within this annexation. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this 19th day of June , 2024.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Reedley
By: .,_j;jJ, IILJ --r{2,w.fk, J Stacee Reynolds
Principal Consultant
By: -/±~~e
Tyro~ r
R. C. E. # C81888

TABLE OF CONTENTS
INTRODUCTION ........................................................................................................................................... 1 BALLOT PROCEEDINGS ......................................................................................................................... 1 REPORT CONTENT ................................................................................................................................. 2 PART A- PLANS AND SPECIFICATIONS ................................................................................................ 4 DESCRIPTION OF THE ANNEXATION TERRITORIES .......................................................................... 4 DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED ....................................... 4 PART B - METHOD OF APPORTIONMENT .............................................................................................. 6 BACKGROUND ........................................................................................................................................ 6 SPECIAL BENEFIT ANALYSIS ................................................................................................................ 6 GENERAL BENEFIT ANALYSIS .............................................................................................................. 6 APPORTIONMENT ....................... ............................................................................................................ 7 LAND USE CLASSIFICATIONS ............................................................................................................... 8 ASSESSMENT RANGE FORMULA .......................................................................................................... 9 PART C - ESTIMATED COST OF THE IMPROVEMENTS ...................................................................... 10 ANNEXATION ZONE EE (TRACT 6408 PHASE I) BUDGET ESTIMATE .............................................. 11 PART D -ASSESSMENT DIAGRAMS ..................................................................................................... 12 PART E - ASSESSMENT ROLL ............................................................................................................... 15 City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone EE/ EE Sub Area 1 Fiscal Year - - •- 2024/2025 - W w1LLDAN

INTRODUCTION
Pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the "1972 Act"), this Engineer's Report (hereafter referred to as "Report") is prepared in compliance with the requirements of Article 4, Chapter 1, of the 1972 Act regarding the annexation of territories into the City of Reedley's (referred to as "City") existing Landscaping and Lighting Maintenance District No. 1 (hereafter referred to as "LLMD No. 1" or "District").

The City Council of the City of Reedley (referred to as "City Council") being the legislative body for LLMD No. 1, may, pursuant to the 1972 Act, annex territories and levy annual assessments for the operations and administration of LLMD No. 1. In Section 22608 of the 1972 Act, it states "right of majority protest shall be limited to the territory proposed to be annexed."
In addition, the 1972 Act provides for the levy of annual assessments after annexation into or formation of an assessment district for the continued maintenance and servicing of the improvements. The 1972 Act further allows various areas to be annexed into an existing district when the territories in the annexation receive substantially the same proportional special benefits from the improvements. The costs associated with the installation, maintenance, and servicing of the improvements may be assessed to properties, which benefit from the installation, maintenance, and servicing of such improvements.

This Report specifically addresses the annexation of Tract 6408, which will be developed in multiple phases.

Phase I, consisting of Lots 1 through 10, is designated for Non-Residential development, while Phase II, Lots 11 through 16, is anticipated to consist of Residential Single-Family parcels, as well as Vacant/Undeveloped land. The territories are more specifically identified as:
• Tract 6408 - Phase I and Phase 11, comprised of assessor parcel numbers 368-350-17, 31 , 32 and 33, located South of W. Manning Avenue and East of Kings River Tract 6408 is legally described as a portion of Lot 43 of Reed Colony, recorded on November 8, 1889, in Book 4, Page 39 of Plats, and includes original parcel numbers within Fresno County's Assessor's Parcel Book 368, Page 35, Parcels 17, 31, 32, and 33. This area is proposed to be annexed into LLMD No. 1 as Annexation Zone EE and EE Sub Area 1 (referred to as "Annexation Territories"), with levied assessments commencing in Fiscal Year 2024/2025 for Phase 1.

The properties associated with and identified herein as Annexation Territories are shown on the Assessment Diagrams incorporated herein as Part D of this Report.

BALLOT PROCEEDINGS
As part of this annexation proceeding, pursuant to the provisions of Article XIIID, Section 4 of the California Constitution (referred to as "Article XIIID"), the City shall conduct a property owner protest ballot proceeding (referred to as "Ballot Proceeding") for Phase I for the proposed levy of new assessments as described in this Report. In conjunction with this Ballot Proceeding, the City Council will conduct a noticed public hearing (scheduled for June 25, 2024) to consider public testimonies, comments, and written protests regarding the levy of the proposed new assessments. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majority protest exists:

City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone EE/ EE Sub Area 1 Fiscal Year --• - 2024/2025 W w1LLDAN
"A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. JJ After completion of the ballot tabulation, the City Council will confirm the results of the balloting. If majority protest were to exist, further proceedings to implement the proposed new assessments (including the inflationary adjustment) and the annexation of the Annexation Territories shall be abandoned at that time.

If tabulation of the ballots indicates that majority protest does not exist for the proposed assessment and the assessment range formula presented and described herein, the City Council may by Resolution approve this Report (as submitted or amended), order the annexation of the Annexation Territories to the District, approve the assessment diagram, and confirm the assessments. The City Council may order the levy and collection of the assessments for the Annexation Territories with the assessments for other properties in the District during the annual assessment approval process for Fiscal Year 2024/2025. The assessments for the Annexation Territories for Fiscal Year 2024/2025 shall be submitted to the Fresno County Auditor/Controller for inclusion on the property tax roll for each parcel within the Annexation Territories as approved and ordered by the City Council.

Each subsequent fiscal year, an Engineer's Report for the District including the Annexation Territories shall be prepared and presented to the City Council to address any proposed changes to the improvements, budget, and assessments for that fiscal year. The City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the levy of such assessments.

REPORT CONTENT
This Report consists of the following five (5) parts.

PART A - PLANS AND SPECIFICATIONS
Provides an overall description of the District, the Zones therein and the improvements to be provided including those improvements associated with the Annexation Territories being addressed by this Report.

The Zones previously established for this District or established herein as part of this annexation proceedings are based on the type of improvements and services provide to properties within each development and the type of property development (residential versus non-residential).

PART B - METHOD OF APPORTIONMENT
Describes the basis on which the costs have been apportioned to each parcel of land within the Annexation Territories of the District, in proportion to the estimated benefits to be received by such lots and parcels. This section also identifies and outlines an Assessment Range Formula that provides for an annual adjustment to the maximum assessment rate initially established by this Report. This Assessment Range Formula limits increases on future assessments, but also provides for reasonable cost adjustments due to inflation without the added expense of additional property owner protest ballot proceedings.

City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone EE/ EE Sub Area 1 Fiscal 2024/2025 Year --•- - W w1LLDAN

PART C- ESTIMATE OF COST OF THE IMPROVEMENTS
An estimate of the annual expenditures and revenues budgeted for the maintenance and servicing of the landscaping and streetlight improvements installed and constructed in connection with the development of properties within the Annexation Territories and/or shared with other properties in the District that benefit from similar improvements. The budget(s) include an estimate of anticipated direct maintenance costs and incidental expenses associated with the improvements, including but not limited to administration expenses and the collection of appropriate fund balances. The maximum assessment rates established for the Zones are based on similarities in property developments, improvements, services, and expenses. The maximum allowable assessment rate (Rate per Benefit Unit) for each Zone of the District, as approved by a vote of the property owners in a protest ballot proceeding, includes an assessment range formula that provides for an annual Consumer Price Index adjustment to the maximum rate.

PART D - ASSESSMENT DIAGRAMS
Contains a diagram of the exterior boundaries of the Annexation Territories along with the lines and dimensions of each lot or parcel of land within the Annexation Territories.

PART E - ASSESSMENT ROLL
Identifies the maximum assessment to be levied on each benefited lot or parcel of land within the Annexation Territories.

If any section, subsection, subdivision, sentence, clause, phrase, portion, or zone of this Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Report and each section, subsection, subdivision, sentence, clause, phrase, portion, or zone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, or zones might subsequently be declared invalid or unconstitutional.

City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone EE/ EE Sub Area 1 Fiscal Year --•· 2024/2025 - W w1LLDAN

PART A- PLANS AND SPECIFICATIONS

DESCRIPTION OF THE ANNEXATION TERRITORIES
The Annexation Territories identified within this Report incorporate the lots or parcels of land within and/or in proximity to the development and improvement areas associated with Tract Map 6408. Specifically, the Annexation Territories can be found on the Fresno County Assessor's Parcel Map within Book 368, Page 35.

Tract 6408 is generally located south of W Manning Avenue and east of Kings River. The area is identified by the Fresno County Assessor's Office as parcels 368-350-17, 31, 32 and 33. Development of the Annexation Territories is anticipated to consist of two planned development phases (Phase I and Phase II).

Phase I will consist of ten (10) Non-Residential lots, comprising approximately 18.68 acres.

DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED The improvements installed, maintained, and serviced within the Annexation Zone EE are generally described as streetlights, landscaping, and irrigation improvements within or adjacent to the Annexation Territories and surrounding properties. Together these improvements provide special benefits to those individual parcels located within the Annexation Territories. These improvements collectively may include, but are not limited to: landscaping, lighting, planting, shrubbery, trees, grass, bark, other ornamental vegetation, irrigation systems, hardscapes, and fixtures; facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, paving, or water, irrigation, drainage, or electrical facilities.

The Annexation Territories, as part of LLMD No. 1, will fund costs in connection with the maintenance and servicing including, but not limited to, labor, electrical energy, water, materials, contracting services, administration, and other expenses necessary for the satisfactory maintenance and servicing of these improvements.

Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of the streetlights, landscaping, and appurtenant facilities, including repair, removal or replacement of all or part of any improvement; providing for the life, growth, health, and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing , or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

Servicing means the furnishing of electricity for the operation of streetlights and any appurtenant facilities; and water for the irrigation of the landscaping and the maintenance of any of the landscaping and appurtenant facilities.

A more detailed description of the plans and specifications for the improvements associated with Phase I are on file at the City and are incorporated herein and made part of this Report.

City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone EE/ EE Sub Area 1 Fiscal 2024/2025 Year --•-~ W w1LLDAN

PHASE I IMPROVEMENTS
The improvements to be maintained as part of Phase I of Annexation Zone EE includes one (1) 100-watt streetlight along N Kings Drive, and 13,694 square feet of landscaping (trees, ground cover and irrigation) and five (5) trees, along the south side of Manning Drive. The existing landscaping along the south side of Manning Drive will continue to be maintained by the City; only newly installed improvements will be paid for by the District.

PHASE II IMPROVEMENTS
At the time of this Report, the land use classifications and improvements to be included within Phase II have not been determined. When development plans and/or a final tract map are made available for this phase of development (Lots 11 - 16), Zone EE Sub Area 1 will be balloted for a new/increased assessment.

City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone EE/ EE Sub Area 1
Fiscal Year .... - 2024/2025
W w1LLDAN

PART B - METHOD OF APPORTIONMENT

BACKGROUND
The 1972 Act provides that assessments may be apportioned upon all assessable lots or parcels of land within an assessment district or annexation in proportion to the estimated benefits to be received by each lot or parcel from the improvements. In addition, the California Constitution Article XIIID requires a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel.

Article XIIID further provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct benefit over, and above general benefits conferred on the public at large, including real property within the district or annexation. The general enhancement of property value does not constitute a special benefit.

SPECIAL BENEFIT ANALYSIS
The ongoing maintenance of public landscape areas within the District provide aesthetic benefits to the properties within each respective Annexation and more specifically, those improvements identified in Part A of this Report, provide aesthetic benefits to the properties within the Annexation Territories and create a more pleasant environment to walk, drive, live, and work. The primary function of these landscape improvements and related amenities, serve as an aesthetically pleasing enhancement and green space for the benefit of those parcels and developments for which the improvements are to be constructed and installed for the benefit of those parcels and developments within the Annexation Territories. These improvements are an integral part of the physical environment of parcels within the Annexation Territories and the associated District, providing a positive enhancement of the community's character, attractiveness, and desirability.

Collectively the improvements to be provided by the District and specifically for the Annexation Territories as part of Annexation Zone EE represent a physical extension of those parcels, and if the improvements are not properly maintained, it is these parcels that would be aesthetically burdened. Additionally, the street landscaping serves as a pleasant aesthetic amenity that enhances the approach to the parcels and in some cases, serves as both a physical buffer as well as a sound reduction buffer between the roadways and the properties within the District/Zone. Likewise, the landscaped areas for some of the Zones within the District may include landscaped parks, green spaces, slopes, or trails that provide visually pleasing open space areas that serve as an extension of the physical attributes of the parcels assessed, such as their front or rear yards and may also provide a greater opportunity for recreation. As a result, the maintenance of these landscaped improvements and amenities provides a particular and distinct benefit to the properties and developments within each respective Zone, including the proposed Annexation Territories.

GENERAL BENEFIT ANALYSIS
Pursuant to the 1972 Act and the provisions of the California Constitution, the costs of the District are apportioned by a formula or method that fairly distributes the net amount to be assessed among all assessable parcels in proportion to the special benefit to be received by each such parcel from the improvements. Article XIIID requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIIID also requires the agency to separate the general benefit from special benefit and that only special benefit is assessable.

City of Reedley
Landscaping and Lighti ng
Maintenance District No. 1
Engineer's Report
Annexation Zone EE/ EE Sub Area 1 Fiscal Year - - • - • 2024/2025 W w1LLDAN
Each parcel within the District receives special benefit from the improvements due to the close proximity of the improvements to each parcel. The cost to provide maintenance and servicing of the improvements within the District is fairly and equitably distributed among each assessable parcel based upon the estimated special benefit received by each parcel.

APPORTIONMENT
The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained, serviced, and funded by the assessments and specifically, the lighting, landscape and irrigation improvements installed in connection with the development of these parcels. The desirability of properties within the District is enhanced by the presence of wellmaintained lighting and landscaping improvements in close proximity to those properties.

The costs to provide maintenance and servicing of the improvements within or adjacent to the original area and each annexation area represent a zone of benefit ("Zone") and provide a distinct and special benefit to each parcel in the Zone. The costs to provide maintenance and servicing of the improvements for each Zone are determined and are fairly and equitably distributed among each assessable parcel in the Zone based upon the estimated special benefit received by each parcel. The costs of the Report and District administration are fajrly and equitably distributed to all Zones, including those that have no improvements or that are fully or partially self-maintained.

In addition to the use of Zones, the method of apportionment established for the District to reflect the proportional special benefit of each parcel utilizes a weighted methodology of apportionment commonly referred to as an Equivalent Benefit Unit ("EBU") methodology.

An EBU is the quantum of benefit derived from the Zone improvements by a single-family residential parcel.

The single-family residential parcel is typically selected as the basic unit for calculation of assessments. Thus, the "benchmark" property (the single-family residential parcel) derives one (1) EBU of benefit and is assigned

1.00 Equivalent Benefit Unit.

At present, Phase I of Zone EE is designated as Non-Residential with the spread of the assessment based upon land use classification and parcel acreage. While Phase II is anticipated to contain both Residential Single-Family and open space. No EBUs have been applied to Phase II as the development plans were not available at the time of this report. Refer to the chart below outlining the corresponding EBU formula. A description of each land use classification included within the District is provided on the following page.

EQUIVALENT BENEFIT UNIT (EBU) FORMULA
Land Use Classification
Residential Single-Family (SFR)
Vacant/Undeveloped Parcels (VAC/UNDV) (
1l
Non-Residential Parcels (NON-RES)
Exempt Parcels (
2l
Parcel EBU

1.00 EBU

1.75 EBU/Acre

5.00 EBU/Acre

0.00 EBU
(
1l Parcels identified as Vacant/Undeveloped Parcels shall be assigned a proportional EBU that is twenty-five percent (25%) of the developed non-residential property, or 1.75 EBU per acre, up to a maximum of five (5) acres per parcel. (
2l Parcels identified as exempt are, areas of streets, avenues, lanes, roads, drives, courts, alleys, public easements, rights-of-way, parkways, and drainage/pond basins. Also exempt are utility rights-of ways used exclusively for utility transmission, common areas (such as in condominium complexes), land dedicated as open space or parks, landlocked parcels, and small parcels vacated by the City, as these parcels do not benefit from the improvements.

In addition, public schools and government agencies will not be assessed.

City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone EE/ EE Sub Area 1 Fiscal 2024/2025 Year --•- - W w1LLDAN
An assessment amount per EBU ("Rate") for the Zone improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBUs for parcels benefiting from such improvements.

Total Balance to Levy/ Total EBUs = Levy per EBU ("Rate") This amount is then applied back to each parcel's individual EBU to determine each parcel's proportionate benefit and assessment obligation.

Rate x Parcel EBU = Parcel Levy Amount

LAND USE CLASSIFICATIONS
Every parcel within the District is assigned a land use classification based on available parcel information obtained from the County Assessor's Office. It has been determined that a parcel use and size are the appropriate factors necessary to identify and calculate the proportional special benefits conveyed to each property within the District and respective Zone for the cost of improvements associated with that property.

The following provides an overall description of the various land use classifications assigned to properties in the Annexation Territories and the proportional special benefit (weighted allocation) for those land uses. The Annexation Territories are comprised of lots identified as Single-Family Residential Parcels, Non- Residential Parcels, and Vacant/Undeveloped Parcels.

Residential Single-Family Parcels (SFR) - This classification may include but is not limited to all subdivided residential tract lots (with or without structures); condominiums; or other single-family residential units on a single parcel. The single-family residential parcel has been selected as the basic unit for calculation of assessments and each is assigned one (1.00) Equivalent Benefit Unit.

Non-Residential Parcels (Non-Res) - This classification includes developed properties that are identified or zoned for commercial, industrial or other non-residential use including offices, hotels, recreational facilities (excluding parks and golf courses), and institutional facilities including hospitals, churches and/or facilities utilized by other non-profit organizations, whether those facilities are publicly-owned (non-taxable) or privately-owned. The special benefit for non-residential properties compared to a single-family residential parcel is proportional to five (5.0) EBU multiplied by the acreage of the parcel. Therefore, the EBU assigned to each non-residential property is 5.0 EBU per acre (e.g., a 4.19-acre parcel identified as non-residential would be assigned 20.95 EBU).

Vacant/Undeveloped Parcels (VAC/UNDV) - This classification includes properties that are identified as parcels with no development but have development potential. Although it is recognized that the improvements provided within the various Zones of the District were primarily constructed and installed as the result of property development, it is also recognized that the majority of these improvements were constructed in part to support the overall development of properties within the District and/or Zone to their full and best use, including vacant undeveloped properties. Therefore, parcels identified as Vacant/Undeveloped Parcels shall be assigned a proportional EBU that is twenty-five percent (25%) of the developed non-residential property, or 1.75 EBU per acre, up to a maximum of five (5) acres per parcel.

City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone EE/ EE Sub Area 1 Fiscal Year --•-•• 2024/2025 - W w1LLDAN

EXEMPT PARCELS
The following are exempt from the assessment: areas of streets, avenues, lanes, roads, drives, courts, alleys, public easements, rights-of-way, parkways, and drainage/pond basins. Also exempt are utility rights-of-way used exclusively for utility transmission, common areas (such as in condominium complexes), land dedicated as open space or parks, landlocked parcels, and small parcels vacated by the City, as these parcels do not benefit from the improvements. In addition, public schools and government agencies will not be assessed.

ASSESSMENT RANGE FORMULA
The maximum assessment amount allowed for each fiscal year shall be adjusted annually by an amount equal to the percentage increase of the CPI for the San Francisco-Oakland-Hayward area for Urban Consumers, as developed by the U.S. Bureau of Labor Statistics, annually. The Assessment Range Formula shall be applied to the maximum assessment rates in Fiscal Year 2025/2026 and shall be applied in each subsequent fiscal year unless the City Council formally suspends its application.

City of Reedley
Landscaping and Lig hting
Maintenance District No. 1
Engineer's Report
Annexation Zone EE/ EE Sub Area 1 Fiscal Year --•-. 2024/2025 W wtLLDAN

PART C - ESTIMATED COST OF THE IMPROVEMENTS
The 1972 Act provides that the estimated costs of the improvements shall include the total cost of the improvements, including incidental expenses, which may include reserves to operate the District until funds are collected on the County tax rolls and are transferred to the City from the County around December/January of the current fiscal year.

The 1972 Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within LLMD No. 1 is the total cost of installation, maintenance, and servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.

The budget on the next page outlines the estimated costs to maintain the improvements at build-out and establishes the initial Maximum Assessment per EBU (Maximum Assessment Rate) and the proposed budget and applicable assessment rate for Fiscal Year 2024/2025.

City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone EE/ EE Sub Area 1 FiscalYear 2024/2025 --•-1 - W w1LLDAN
ANNEXATION ZONE EE (TRACT 6408 PHASE I) BUDGET ESTIMATE Zone EE - Phase I (Tract Zone EE Sub
BUDGET ITEM Area 1 Phase II 6408) (Tract 6408)

ANNUAL MAINTENANCE (DIRECT COSTS)
Landscape Maintenance Expenses I·
Landscape and Lighting Maintenance $3,888 $0
Landscape and Lighting Utilities (Water/Electricity) 2,388 0 Tree Trimming Included in Lndscp. Maint. 0
Capital Replacement Costs/Renovation 484 0
Operation Reserves 3,226 0
Total Annual Landscape Maintenance $9,986 $0
Expenses
Administration
Administration Overhead $834 $0
County Administration Fee 16 0
Professional Services 451 0
Total Administration $1,302 $0
Total Costs & Expenses $11 ,288 $0

LEVY ADJUSTMENTS IC
General Benefit (Contribution) $342 $0
Total Levy Adjustments $342 $0
BALANCE TO LEVY $11,630 $0

DISTRICT STATISTICS
Total Lots 10 6
Total Estimated EBUs 93.40 Not Available
Proposed Maximum Assessment per EBU $124.52 $0.00
Proposed Maximum Assessment for FY 2024/2025 $124.52 $0.00 *Note: Proposed Maximum Assessment for Phase I has been rounded to the nearest hundredth and represents built-out for Phase 1 (Lots 1 through 10). Phase II EBUs will be calculated upon release of development plans and final tract map. Phase II will also be balloted for a new/increased Maximum Assessment at that time.

City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone EE/ EE Sub Area 1
Fiscal Year . .. . - 2024/2025
W w1LLDAN

PART D -ASSESSMENT DIAGRAMS
The Fiscal Year 2024/2025 Assessment Diagram on the page that follows outlines the boundaries of the Landscaping and Lighting Maintenance District No. 1. A separate diagram for the proposed Annexation Zone EE is provided as well and consists of all lots, parcels, and subdivisions of land listed on the Assessment Roll contained herein as Part E; the lines, and dimensions of which are shown on the Fresno County Assessor's parcel maps for the current year and are incorporated by reference herein and made part of this Report.

City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone EE/ EE Sub Area 1 Fiscal Year --
1 _ 2024/2025 -
W w1LLDAN
LANDSCAPING AND LIGHTING MAINTE.NANCE DIST,RICT NO·. 1

CITY OF REEDLEY
. Legend
· All Zones
Z.ONE __ A
: ::---'' :E
I
cc
:OD
ii j iEE
. • cm' LIMITS
City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone EE/ EE Sub Area 1 Fiscal 2024/2025 Year --•- - W w1LLDAN
CITY o ·F REEDLEY
LANDSCAPING AND LIGHTl,NG MAINTENANCE DISTRICT NO. 1

ZONE EE
,,,,/
/
/
/
./'
/•'
(
ILLegend
c:J cITYUfl. l S

ZONE EE
City of Reedley
Landscaping and Lighting
Maintenance District No. 1
i'
i'
I
,. i
l
i
I 1 --~ 6=...--------'
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I
------------------------"'---
Engineer's Report
Annexation Zone EE/ EE Sub Area 1
Fiscal Year
2024/2025
-
W w1LLDAN

PART E -ASSESSMENT ROLL
All assessed lots or parcels of real property within Annexation Zone EE are listed on the assessment roll below. Each parcel's corresponding Balloted Maximum Assessment is based on the parcel's proposed land use and the maximum assessment rate for Fiscal Year 2024/2025. Commencing Fiscal Year 2025/2026, the maximum assessment rate shall be adjusted annually by an amount equal to the percentage increase of the CPI for the San Francisco-Oakland-Hayward Area for Urban Consumers, as developed by the U.S. Bureau of Labor Statistics.

Assessor's A t· 8 11 t d Maximum M . nnexa 10n a o e ax1mum Parcel 8 t·t 2 Balloted Land Use EBU Assessment A t N b ene I one R t ssessmen um er a e
Lot 1 EE NON-RES 6.9
Lot 2 EE NON-RES 3.1
Lot 3 EE NON-RES 8.55
Lot4 EE NON-RES 4.85
Lot 5 EE NON-RES 4.4
Lot 6 EE NON-RES 5.8
Lot 7 EE NON-RES 5.5
Lot 8 EE NON-RES 8.05
Lot 9 EE NON-RES 12.6
Lot 10 EE NON-RES 33.65
Lot 11 EE Sub Area 1 FUTURE DEVELOPMENT 0
Lot 12 EE Sub Area 1 FUTURE DEVELOPMENT 0
Lot 13 EE Sub Area 1 FUTURE DEVELOPMENT 0
Lot 14 EE Sub Area 1 OPEN SPACE/FUTURE
DEVELOPMENT 0
Lot 15 EE Sub Area 1 OPEN SPACE/FUTURE
DEVELOPMENT 0
Lot 16 EE Sub Area 1 OPEN SPACE/FUTURE
DEVELOPMENT 0
Note: Lot numbers are currently identified as assessor parcel numbers 368-350-17, 31 , 32 and 33.

City of Reedley
Landscaping and Lighting
Maintenance District No. 1
Engineer's Report
Annexation Zone EE/ EE Sub Area 1
$124.52 $859.17
$124.52 $386.00
$124.52 $1,064.62
$124.52 $603.91
$124.52 $547.88
$124.52 $722.20
$124.52 $684.84
$124.52 $1,002.36
$124.52 $1 ,568.92
$124.52 $4,190.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
Fiscal 2024/2025 Year --•- -

PETITION AND WRITTEN CONSENT
(INCLUDING WAIVER)

REQUESTING COMMENCEMENT OF PROCEEDINGS UNDER
THE LANDSCAPING AND LIGHTING ACT OF 1972

TO ANNEX CERTAIN TERRITORY TO
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT No. 1
To the Council of the City of Reedley
c/o the City Clerk of the City of Reedley
Reedley City Hall
1717 Ninth Street
Reedley, California 93654
Re: Request to Commence with Proceedings for
Assessor's Parcel Nos. 368-350-33, 368-350-31, 368-350-17, & 368-350-32 (VTSM No. 6408)
Members of the City Council:

The undersigned is the duly authorized representative of the owner of all the territory of real property located in Assessor's Parcel Nos. 368-350-33, 368-350-31, 368- 350-17, & 368-350-32, Reedley, California, described on Exhibit A-1 and shown by the map in Exhibit B-1 (the "Parcel"), which exhibits are attached to and made part of this petition. The owner hereby petitions and requests that you commence proceedings pursuant to the Landscaping and Lighting Act of 1972 (Part 2, Division 15, of the California Streets & Highways Code) (the "Act") to annex and add all the territory in the Parcel to the City's existing Landscaping and Lighting Maintenance District No.1 ("LLMD No. 1 "), and to levy on the annexed territory the annual assessments levied within LLMD No. 1 for the maintenance and operation of landscaping facilities.

The owner further petitions and requests that the Council proceed as quickly as possible with all proceedings necessary to accomplish such annexation and levy. In that regard, to the extent allowed by law, the owner hereby expressly waives all notices, procedures and requirements otherwise required under Section 22608 and Article 1 (commencing with Section 22585) of the Act, California Government Code Sections 53750 through 53753.5 or any other provision of law, including without limitation adoption of any resolutions, filing of any engineer's report, giving of any notices, holding any hef}rings ar,,~ rig~~ of majority protest, and expressly consents to the annexation and levy withoutcompletion of or compliance with notices, procedures or requirements.

In consideration for the Council conducting the an.nexc1tion and leyy proce?di11gs herein. requested, the owner will immediately·. execute •··c;3nd ·deliver to .the<Gity .any dqc;un,ents th~ Gity de~ms nE?.<:;~§s·arytoacco111plish the arJO$);(cl~ion and levy proceedihgs and to further evidence the consent and waivers in this letter, including but not limited to assessment ballots and receipts for notice.

Alse> in cons!.der~tibn tor the ;council conducting ~:LJc? ~nn~~~!io~ and>levy proceedings, the owner agrees to remain · the sole owner · of all real iproperty in such Parcels an·d to nottransfef title to.any such real property to any other person or entity until completion of the proceedings.

Respectfullysubmitted by:

PR@PERTY OWNER:

Otani Properties; A California Limited Partnership
•. Jis ... ~
Prin Name
Title 'S
APN: 368-350-33
EXHIBIT A-1

LEGAL DESCRIPTION
That portion of Lot 43 of Reed Colony, according to the Map thereof recorded in Book 4

Commencing at the point of intersection of the Southwesterly line of the right of way of the Porterville Branch of the Southern Pacific Railroad with a line drawn North 00° 28' East from a point, distance of 2128.2 feet West and 100 feet North from the Southeast corner of said Lot 43, said point of intersection being the Northwest corner of land conveyed to Les A. Hollingsworth and Evelyn Hollingsworth, his wife, by Deed dated October 13, 1928, and recorded October 17, 1928, in Book 931 Page 157 of Official Records of said County; thence Southeasterly along the Southwesterly line of said railroad right of way, 244 feet; thence South 22° 39' West, 137.94 feet to the true point of beginning; thence, continuing South 22° 39' West, 82.06 feet to a point; thence at a right angle Northwesterly 152 feet to the West line of the portion of said Lot 43 conveyed to said Les A. Hollingsworth and wife by Deed herein referred to; thence, North 00° 28' East along said West line, 78. 72 feet to a point on the Southwesterly right of way line of Manning Avenue; thence South 70° 24' 40" East, 184 feet to the true point of beginning.

AP N: 368-350-31
That portion Lot 43 of Reed Colony, according to the Map thereof recorded November 8, 1889 in Volume 4, Page 39 of Plats, described as follows:

Beginning at a point of intersection of East Bank of Kings River, as shown on said Map, with a line drawn parallel with and distant 100 feet Northerly from the South line of said Lot 43 and running thence in a Easterly direction along said line drawn as aforesaid 888 feet; running thence at right angles and in a Northerly direction 1648 feet, more or less, to a point on the Southerly line of the railroad right of way shown on said Map; thence in a Northerly and in a Westerly direction along said Southerly line of said railroad right of way to a point of intersection of said Southerly line of said railroad right of way Vyith the Easterly line of the county road extending from the East end of Kings River Bridge described in the Deed recorded in Book 61, Page 162 of Deeds, running thence in a Southerly and in a Westerly direction along the said Easterly line of said county road to a point of intersection of said line of said county road and the East Bank of Kings River, and running thence in a Southerly and Westerly direction along said East Bank of said Kings River to the point of beginning.

EXCEPTING THEREFROM that portion of said land deeded to the County of Fresno by Deed recorded August 17, 1972 in Book 6058, Page 785 of Official Records, described as follows:

Commencing at the point of intersection of the Southwesterly boundary of the Southern Pacific Railroads 100 foot right of way with a line bearing North 00° 28' 00" East, a distance of 1648 feet from a point being 2128.2 feet West and 100 feet North from the Southeast corner of said Lot 43; thence South 67° 21' 00" East, along said Southwesterly boundary of 100 foot right of way, a distance of 244 feet to the true point of beginning; thence (1) South 22° 39' 00" West, a distance of 137.94 feet thence (2) South 70° 24' 40" East, a distance of 122.37 feet; thence (3) South 67° 23' 24" East, a distance of 395.00 feet; thence (4) South 64° 58' 34" East, to the center line of Alta Irrigation District Ditch; thence (5) Northwesterly along said center line of ditch, to the point of intersection with the Southwesterly boundary of said 100 foot right of way; thence (6) Northwesterly, along said Southwesterly boundary of the 100 foot right of way, to the true point of beginning.

ALSO EXCEPTING THEREFROM that portion of said land deeded to the County of Fresno, by Deed recorded August 17, 1972 in Book 6058, Page 785 of Official Records, described as follows:

Beginning at the point of intersection of the Southwesterly boundary of the Southern Pacific Railroad's 100 foot right of way with a line bearing North 00° 28' 00" East, a distance of 1648 feet from a point being 2128.2 feet West and 100 feet North from the Southeast corner of said Lot 43; thence South (1) South 00° 28' 00" East, a distance of 159.58 feet; thence (2) North 70° 24' 40" West, a distance of 54.13 feet; thence (3) North 67° 23' 24" West, to the point of intersection with the Easterly boundary of a 60 foot road right of way, as deeded to the County of Fresno, recorded in Book 231, Page 316 of Deeds, Fresno County Records; thence (4) Northeasterly, along said Easterly boundary of the 60 foot right of way to the point of intersection with the said Southwesterly boundary of the railroad right of way; thence (5) South 67° 21' 00" East, along said railroad right of way, a distance of 91 feet to the point of beginning.

APN: 368-350-17 and 368-350-32
That portion of Lot 43 of Reed Colony, in the unincorporated area, County of Fresno, (A portion being in the City of Reedley), State of California, as per Map recorded November 8, 1889 in Book 4 Page 39 of Plats, Fresno County Records, described as follows:

Beginning at a point on the West side of public highway extending North and South through the center of Section 27, Township 15 South, Range 23 East, M.D.B.M., where said West line of said highway is intersected by the Southerly line of the right of way of the Porterville Branch of the Southern Pacific Railroad, extending and running thence South along the West line of said highway, 362 feet and 2 inches, more or less, to a point 100 feet North of the Southeast corner of said Lot 43 of Reed Colony; thence West at right angles with said highway and parallel with the South line of said Lot 43 a distance of 2128 feet and 2 inches; thence at right angles North and parallel with said highway 1648 feet, more or less, to the point of intersection with the Southerly line of the right of way of said Porterville Branch of the Southern Pacific Railroad; thence Southeasterly along the South line of said right of way of said railroad to the place of beginning.

EXCEPTING that portion described as:

Beginning at a point of intersection of the Southwesterly line of the right of way of the Porterville Branch of the Southern Pacific Railroad with a line drawn North 0° 28' East from a point distant 2128.2 feet West and 100 feet North from the Southeast corner of said Lot 43, said point of intersection being the Northwest corner of land conveyed to Les A. Hollingsworth and Evelyn Hollingsworth, his wife, by Deed dated October 13, 1928 and recorded October 17, 1928 in Book 931 Page 157 of Official Records; thence Southeasterly along the Southwesterly line of said railroad right of way 244 feet; thence at a right angle Southwesterly 220 feet; thence at a right angle Northwesterly 152 feet to the West line of portion of said Lot 43 conveyed to said Les A. Hollingsworth and wife by Deed hereinbefore referred to; thence North 0° 28' East along said West line 238.3 feet to the point of beginning.

ALSO EXCEPTING THEREFROM that portion thereof lying Easterly of the center line of the Alta Irrigation District Ditch, as said ditch was located on said property on March 7, 1955.

ALSO EXCEPTING THEREFROM all the right, title and interest condemned by the City of Reedley, a municipal corporation, by Final Order of Condemnation dated October 21, 1943 and recorded October 21, 1943 in Book 2146 Page 326 of Official Records.

Together with the use of that certain 20 horsepower pump now situate on the parcel of land lying Easterly of the centerline of the Alta Irrigation District Ditch, as said ditch was located on said property on March 7, 1955, which said parcel of land is adjacent to the above described property on the East; also together with a right of way for the purpose of the use of said pump for irrigating the hereinabove described property.

ALSO EXCEPTING THEREFROM that portion of said land deeded to the County of Fresno, by Deed recorded August 17, 1972 in Book 6058, Page 785, Official Records, described as follows:

Commencing at the point of intersection of the Southwesterly boundary of the Southern Pacific Railroads 100 foot right of way with a line bearing North 00° 28' 00" East, a distance of 1648 feet from a point being 2128.2 feet West and 100 feet North from the Southeast corner of said Lot 43; thence South 67° 21' 00" East, along said Southwesterly boundary of 100 foot right of way, a distance of 244 feet to the true point of beginning; thence (1) South 22° 39' 00" West, a distance of 137.94 feet; thence (2) South 70° 24' 40" East, a distance of 122.37 feet; thence (3) South 67° 23' 24" East, a distance of 395.00 feet; thence (4) South 64° 58' 34" East, to the center line of Alta Irrigation District Ditch; thence (5) Northwesterly along said center line of ditch, to the point of intersection with the Southwesterly boundary of said 100 foot right of way; thence (6) Northwesterly, along said Southwesterly boundary of the 100 foot right of way, to the true point of beginning.

ALSO EXCEPTING THEREFROM that portion of said land deeded to the County of Fresno, by Deed recorded August 17, 1972 in Book 6058, Page 785, Official Records, described as follows:

Beginning at the point of intersection of the Southwesterly boundary of the Southern Pacific Railroads 100 foot right of way with a line bearing North 00° 28' 00" East, a distance of 1648 feet from a point being 2128.2 feet West and 100 feet North of the Southeast corner of said Lot 43; thence, (1) South 00° 28' 00" East, a distance of 159.58 feet; thence (2) North 70° 24' 40" West, a distance of 54.13 feet; thence (3) North 67° 23' 24" West, to the point of intersection with the Easterly boundary of a 60 foot road right of way, as Deeded to the County of Fresno, recorded in Book 231 Page 316 of Deeds, Fresno County Records, thence (4) Northeasterly, along said Easterly boundary of the 60 foot right of way to the point of intersection with the said Southwesterly boundary of the railroad right of way; thence (5) South 67° 21' 00" East, along said railroad right of way, a distance of 91 feet, to the point of beginning.

NORTH
SCALE: NTS

CITY OF REEDLEY

ENGINEERING DEPARTMENT
1733 NINTH STREET
REEDLEY, CA 93654
PHONE (559)637- 4200

FLORA AVE
, · · 1·. r •I r . 1 ,·
N1"0 CrTY OF REEOLEY'S l..AN)SCAPE NO lJQHffiQ
MAMENANCE DISTHCT NO. 1
APN 388-350-17
EXHIBIT 'B'-1
DIAGRAM OF APN's 368-350-31 THROUGH 43 AND 368-350-17
(VTSM 6408)
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1
DA TE: Moy 1, 2024 DRWN BY: MM SHEET NO. 1 OF 1
DATE:

TITLE:

June 25, 2024

REEDLEY CITY COUNCIL
D Consent Calendar
~ Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 9 ------=---

APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A TWO-YEAR

MEMORANDUM OF UNDERSTANDING WITH THE GENERAL SERVICES UNIT, EFFECTIVE JULY 1, 2024, AND ENDING JUNE 30, 2026, SUBJECT TO APPROVAL

OF TENTATIVE AGREEMENT
SUBMITTED: Paul A. Melikian, Assistant City Manager~
APPROVED: Nicole R. Zieba, City Manager YRECOMMENDATION That the City Council approve and authorize the City Manager to execute a two-year Memorandum of Understanding with the General Services Unit (GSU), effective July 1, 2024, and ending June 30, 2026, subject to approval of tentative agreement by union members on June 24, 2024.

BACKGROUND
The City and GSU are coming off a two-year MOU that runs from July 1, 2022 through June 30, 2024.

The parties have reached a tentative agreement for a successor MOU that will be in effect July 1, 2024 through June 30, 2026. All employees covered by the association will receive a 3.0% cost of living increase effective July 1st each year. Employees will also receive a 1.0% one-time non-pensionable stipend in July 2024. In addition, the successor MOU includes revisions to existing benefits and other language clarifications to align the MOU with current operational practices or State law. • Employee orientation language is being updated to follow AB 119 (2017) that stipulates the process for interacting with new employees about union membership. • All references to Solid Waste Collections staff are removed due to this service being outsourced to Mid Valley Disposal under a Franchise Agreement.
• The maximum compensatory time off accrual is increased from 40 to 80 hours, aligning with hourly Unrepresented staff. Compensatory time is earned when the employee works overtime, but would rather be paid in additional time off than additional compensation from the City. • Standby response time and residency requirements are increased from 45 minutes to one hour.

This change is not anticipated to cause any issues with responding to afterhours emergencies. The new MOU also clarifies that sick time taken in care of another does not disallow being on standby duty, which aligns with current operational practice. Lastly, standby compensation is increased from $3.00/hour to $3.25/hour in the second year of the agreement.

• Employees may now request vacation leave buyback up to 80 hours, from 40 hours, and the vacation accrual limit increased from 240 to 320 hours. Both provisions will now align with other City employee groups. It is important to note that no additional vacation time is being granted in the MOU, only expanding the options employees have to use their earned accruals . • The Juneteenth Federal Holiday will be observed the second year of the MOU, i.e. June 19, 2026 Lastly, some existing ancillary benefits are also revised. The annual boot purchase allowance is increased from $190 to $225, reflecting current costs for work boots. The City's existing life insurance benefit for employees is adjusted to align with other employee groups by moving to 1 x annual base salary for employees earning more than $50k. Employees earning less than $50k annually will remain at the existing $50k of coverage. Bilingual pay is also increased from $70 to $80 for oral only and $85 to $100 for oral & written, again, aligning with other City employee groups.

FISCAL IMPACT
The cost-of living salary adjustment for GSU employees was assumed in the FY 2024-25 Adopted Budget, however the 1.0% stipend was not. The stipend will cost approximately $17,000 and personnel expenditures in the Public Works Department will be monitored carefully to determine if additional appropriations will be needed later in the fiscal year.

ATTACHMENTS
MOU with the General Services Unit

CITY OF REEDLEY

MEMORANDUM OF UNDERSTANDING
For

GENERAL SERVICES UNIT
July 1, 2024 TO JUNE 30, 2026
1 ARTICLE 1.

ARTICLE 2.

ARTICLE 3.

ARTICLE 4.

ARTICLE 5.

RECOGNITION: ..................................................................................................... 4 CITY RIGHTS: ........................................................................................................ 4 STRIKES AND LOCKOUTS: ................................................................................ 5 PAYROLL DEDUCTIONS/DUES: ........................................................................ 5 WORKWEEK AND WORKDAY: ......................................................................... 6 a. Workweek .................................................................................................................................. 6 b. Workday .................................................................................................................................. 6 c. Overtime .................................................................................................................................. 7 d. Compensatory Time Off ............................................................................................................ 7 e. Stand By .................................................................................................................................. 8 ARTICLE 6. LEAVE .................................................................................................................... 9 a. Vacation .................................................................................................................................. 9 b. Sick Leave ................................................................................................................................ 10 c. Funeral Leave ................................................................................................................ ........... 11 d. Leave of Absence Without Pay ................................................................................................ 11 e. Jury Duty ................................................................................................................................ 12 f. Holiday Benefits ...................................................................................................................... 12 g. Military Leave .......................................................................................................................... 13 ARTICLE 7. ANNUAL PERFORMANCE EVALUATION: .................................................... 13 ARTICLE 8. JOB OPENINGS AND JOB CLASSIFICATIONS: ............................................. 13 a. Job Classifications ................................................................................................................... 13 b. Posting ............................................................................... ................................................. 13 c. Probationary Periods (New Hires) ........................................................................................... 14 d. Transfers ................................................................................................................................ 14 e. Promotions ............................................................................................................................... 14 ARTICLE 9. TEMPORARY WORK IN ANOTHER CLASSIFICATION: .............................. 15 ARTICLE 10. SENIORITY: ......................................................................................................... 16 ARTICLE 11. SHOPSTEWARD: ................................................................. ............................... 16 ARTICLE 12. BULLETIN BOARDS: .......................................................................................... 16 ARTICLE 13. SAFETY: ................................................... ........................................................... 17 ARTICLE 14. SAFETY EQUIPMENT AND UNIFORM: .......................................................... 17 a. Safety Shoes and Safety Glasses .............................................................................................. 17 b. Uniforms ............................ .................................................................................................... 17 c. Jackets and Vests ..................................................................................................................... 18 d. Tool Allowance ........................................................................................................................ 18 ARTICLE 15. HEALTH AND WELFARE: ............................................................................. .... 18 a. Medical Insurance .................................................................................................................... 18 b. Vision Coverage ....................................................................................................................... 18 c. Dental Coverage ................................................. ................... ................................................... 18 d. Long-Term Disability Coverage ............................................................ .................................. 18 e. Life Insurance Coverage .......................................................................................................... 18 f. Cash-In-Lieu of Benefits Option ............................................................................................. 19 g. Medical Exam & DMV Appointments ....................... ............ .... ...... ......................... .............. 19 ARTICLE 16. EDUCATION AND INCENTIVES: ..................................................................... 19 ARTICLE 17. CERTIFICATES AND INCENTIVES: ................... ... ................................... ...... 20 a. General ................................................................................................................................ 20 2 b. Certification/License ................................................................................................................ 20 c. Incentive ................................................................................................................................ 20 d. Class A or B Endorsement License ......................................................................................... 21 ARTICLE 18. CORRECTIVE DISCIPLINE: ............................................................................... 21 ARTICLE 19. DISCHARGE AND SUSPENSION: ..................................................................... 21 ARTICLE 20. GRIEVANCE PROCEDURE: ..... .......................................................................... 21 ARTICLE 21. LAYOFF PROCEDURE ....................................................................................... 22 a. Definition ................................................................................................................................ 22 b. Authority ................................................................................................................................ 22 c. Policy ................................................................................................................................ 22 ARTICLE 22. RESIDENCY: ....................................................................................................... 24 ARTICLE 23. RETIREMENT: ................................... .................................................................. 24 a. PERS Tier/Pickup .................... ................................................................................................ 24 b. Retirement Credit for Military Service .................................................................................... 25 ARTICLE 24. WAGES, MERIT INCREASES, PAYDAYS, AND RECORDS: ........................ 25 a. Wage Rates .............................................................................................................................. 25 b. Merit Step Increases ................................................................................................................. 25 c. Paydays and Records ............................................................................................................... 26 ARTICLE 25. PROVISIONS OF LAW: ....................................................................................... 26 ARTICLE 26. FULL UNDERSTANDING: ................................................................................. 26 ARTICLE 27. TERM: ................................................................................................................... 27 ARTICLE 28. NEGOTIATIONS ............................ ......................................... ................ ............ . 27 ARTICLE 29. RIGHT TO MEET ................................................................................................ 27 SIGNATURE PAGE ........................................................................ ........................................................ 28 APPENDIX "A" Uniforms ................................................................................................................... .

1. PUBLIC WORKS DIVISION ..................................................................................................... .

2. PARKS AND RECREATION - PARK DIVISION ................................................................... .

3. PARKS AND RECREATION - BUILDING MAINTENANCE DIVISION ............................ .

4. CLERICAL EMPLOYEES ......................................................................................................... .

5. TRANSIT DRIVERS ................................................................................................................... .

6. GENERAL
APPENDIX "B" Grievance Procedures
Policy Statement ............................................................................................................................... .

Purpose ... ............. ....... ................... .... ..................................................................................... .

Definition of Terms ................................. ............................................ .............................................. .

Implementation Procedt1re ................................................................................................................ .

General Provisions: ................................................................................................................................... . 3 ARTICLE 1. RECOGNITION:

As provided in City of Reedley (hereinafter "City") Resolution No. 3013 dated February 7, 1978, City recognizes the International Union of Operating Engineers, Stationary Local No. 39 (hereinafter "Union") as the representative of the employees in the General Services Unit (hereinafter "Unit") consisting of the following of the classifications:

Electrician
Electrician II
Electrician III
Equipment Mechanic
Environmental Compliance Officer
Heavy Equipment Mechanic
Maintenance Worker I
Maintenance Worker II
Parks Maintenance Worker I
Parks Maintenance Worker II
Senior Maintenance Worker
Senior Parks Maintenance Worker
Senior Water Systems Specialist
Senior Environmental Compliance Officer
Senior Sewer Collection System Maintenance Worker
Sewer Collection System Maintenance Worker
Solid \\Taste Crew Leader
Solid \\1aste Operator
Solid Waste Worker
Water Systems Specialist I
Water Systems Specialist II
Water System Utility Worker
WWTP Maintenance Worker
WWTP Operator-In-Training/Lab Tech Trainee
WWTP Operator I Lab Tech
WWTP Operator Trainee
WWTP Operator I
WWTP Operator II
WWTP Operator II/ Senior Lab Technician
WWTP Operator III
ARTICLE 2. CITY RIGHTS:

The City retains the exclusive right, sight to and in accordance with applicable laws, and the provisions of this Memorandum of Understanding, ( a) to direct employees in the performance of their duties; (b) to hire, promote, transfer, lay off, and assign employees; ( c) to classify employees in accordance with applicable ordinances and other provisions of this Memorandum; ( d) to discipline employees in accordance with applicable ordinances and other provisions of this Memorandum; ( e) to determine the mission of its Divisions and Departments, and its budget, organization, the number of employees and the 4 numbers, types, classifications, and grades of positions or employees assigned to an organization unit, work project, shift, or tour of duty, and the methods and technology of performing its work; and (f) to take whatever action may be appropriate to carry out its mission on situations of emergency.

In Addition, the City specifically retains all the exclusive rights, subject only to the provisions of this Memorandum, to take whatever actions and set whatever policies it deems appropriate.

ARTICLE 3. STRIKES AND LOCKOUTS:

The Union and its members agree that it shall not call, sanction, or engage in any primary strike, sympathetic strike, boycott, slowdown, suspension or stoppage of work or other concerted activity for the duration of this Memorandum. The City agrees that it shall not cause or engage in any lockout for the duration of this Memorandum. If the Union or its members should breach this provision of the agreement, then the City retains, as one of its alternative, the right to terminate the employment of said members.

ARTICLE 4. NEW EMPLOYEE ORIENTATION & PAYROLL DEDUCTION:
a. New Hire Orientations
In accordance with Assembly Bill (AB) 119 and Government Code Sections 3555-3559 the City shall provide the designated Local 39 representative with newly hired employee information for any position covered under the GSU bargaining unit. This information will be provided within thirty (30) days of hire or by the first pay period of the month following hire. The notification shall include the following:
a. Employee name
b. Job title
c. Department
d. Work location
e. Work, Home, and Personal Cellular telephone numbers on file f. Personal email addresses on file
g. Home address
The City will provide Local 3 9 with at least 10 days advanced notice of a new hire orientation for any position covered under the GSU bargaining unit. On the day new hire orientation takes place, the City shall allow Local 3 9 to meet with newly hired employees represented by their bargaining group for up to thirty (30) minutes at the end of the orientation. If the new employee elects not to attend, the City shall provide the name, phone number and email address of the designated Local 39 representative.

The City shall provide Local 39, via email to [email protected], a list containing the following information at a minimum of every 120 days:
a. Employee name
b. Job title
c. Department
d. Work location
e. Work, Home, and Personal Cellular telephone numbers on file f. Personal email addresses on file
5 g. Home address
If the City does not have all the information listed above on file, the information that the City has access to shall be provided.
b. Payroll Deductions
For those employees whose classifications are included in the General Services Units who are members of the Union, the City will deduct from their wages their initiation fees, regular monthly dues, or assessments, ( collectively the "Union dues"). Such Union dues shall be deducted and transmitted to the Union upon voluntary, revocable, written authorization of the unit employee in a manner complying with legal requirements.

The Union may have the regular dues of its bargaining unit members deducted from their paychecks under procedures as follows:

The Union is solely responsible for distributing to, and collecting from, employees the dues deduction authorization forms. It is the employees' responsibility to submit requests to start or stop dues deductions directly to the Union and not to the City. The Union is responsible for maintaining the dues deduction forms from individual employees. Copies of the individual employee's dues deduction authorization need not be provided to the City unless a dispute arises about the existence or terms of the authorization.

Questions regarding Union membership, dues amounts, and payroll deductions must be directed to the Union and not the City.

The Union will provide to the City an updated, certified dues deduction list of bargaining unit members who have provided written authorization for regular dues deductions. The City will deduct dues for only those employees who are in the bargaining unit in accordance with such certified list.

The Union will immediately notify the City of any change to an employee 's dues deduction, including starting and stopping dues deductions, or validly cancelling or revoking a dues deduction authorization, and will promptly provide the City an updated certified deduction list noting any specific changes from the last list provided to the City.

The City will implement the change(s) in the pay period following the City's receipt of such notification.

ARTICLE 5. WORKWEEK AND WORKDAY:
a. Workweek
For the City's payroll recordkeeping purposes, the official workweek vwrksheet shall be deemed to be from 12:00 a.m. Wednesday until 11 :59 p.m. Tuesday; however, unless otherwise provided herein, the practical workweek for all bargaining unit members shall be Monday through Friday. 1) Exceptions
Personnel in the Solid Waste and Sewer Divisions shall be exempted from the practical workweek, but notwithstanding any other provisions of this Article, all regularly-scheduled workweek schedules for all bargaining unit members shall include two consecutive days off. In the event that 6 two consecutive days cannot be given due to staff shortages, the employee will be paid overtime for the extra day or at the City's discretion, if the schedule permits, the employee may take another day off within the same pay period in lieu of their regularly scheduled day off.

The City retains the authority to implement other permanent or temporary work schedule changes if conditions arise which require such changes, but the City agrees that permanent, non-emergency proposed changes shall be presented to the workers and the Union at least two weeks prior to planned implementation to permit consultation and consideration of the proposed changes on employee personnel. b. Workday
The official workday shall be from 12:00 a.m. until 11 :59 p.m., however, specific and ending times shall be promulgated by the City for each bargaining unit position. Absent specific City promulgation, the regular workday shall be 8:00 a.m. until 5:00 p.m.
1) Regardless specific starting and ending times, every bargaining unit member's regular workday shall include a lunch break, which not exceed one hour, and two rest mid- point of the fifteen minutes' duration each. The lunch break shall be scheduled at the approximate mid-point of the workday and the rest period shall be scheduled at the approximate mid-point of the pre- and postlunch work periods. 2) The City shall not employ any person for a work period of more than five (5) hours without a meal period of not less than 3 0 minutes, except that when a work period of not more than six ( 6) hours will complete the day's work the meal period may be waived by mutual consent of the employer and the employee. Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an "on duty" meal period and counted as time worked. An "on duty" meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement shall state that the employee may, in writing, revoke the agreement at any time.
3) Rest period are time, but rest periods are a right and benefit of every bargaining unit worker, and in the event any worker is requested to resume work duties during the course of rest period, such worker shall be granted a full new rest period that same day as soon as possible after such interruption. During thi-s--£..-past--rest period, the employee must remain within a five minutes walking distance of the last job site; however, vehicles may be used to cover this distance. 4) Established work schedules shall not be arbitrarily changed or altered, and routine seasonal changes, shall be deemed a part of the established work schedule. 5) Employees not able to report for work at the established hour shall notify their immediate supervisor no later than fifteen (15) minutes after the beginning of any work shift. Employees shall advise the Supervisor of the reason for being late or unscheduled absence. Employee shall continue to advise his/her Supervisor on a daily basis as to the status of the unscheduled leave, unless otherwise approved by the Supervisor.
7 6) For purposes of call back or emergencies, employees shall maintain on file, in writing with their Supervisor, a current residency address and telephone number. c. Overtime
Overtime is any work performed in excess of eight (8) hours paid time in any workday ( or other number of hours as required for a given work shift). Paid time shall include regularly worked hours, sick leave taken, vacation time taken, holiday time take, and compensatory time off.

Occasional alteration of an established work schedule in order to avoid overtime payment will be permitted. Compensatory time may be taken in lieu of overtime pay. 1) All overtime, except as provided below, shall be compensated at one-and one-half times the worker's regular rate of pay.
2) All work performed on any Holiday, as defined in this Agreement, shall be compensated in accordance with the provisions of Article 6.f.2 . .:
3) Whenever a bargaining unit member is called back to work after having completed the preceding work shift and left the work place, such worker shall be paid a minimum of two hours, at the applicable overtime rate of time and one half, for such callback. Callback shall not be subject to the work schedule alterations described above.
4) The City agrees to distribute overtime work assignment as equitably as possible among personnel in City Departments, however, the specific skills required for the work to be performed shall be the primary consideration in assignment of the overtime task. d. Compensatory Time Off
In lieu of overtime payment, bargaining unit workers may elect to receive compensatory time off (CTO), which shall be calculated at one-and-one half hours for each hour of overtime worked. Usage of CTO shall be scheduled by the worker and immediate supervisor. Bargaining unit members shall be permitted to accumulate up to ferty---eighty hours of CTO; overtime which would result in the accumulation of more than fefty--eighty hours of CTO will be paid in accordance with the paid overtime provisions of this Memorandum.
e. Stand by
1) Goal of Standby/ On Call Policy
To provide adequate personnel coverage for response to emergencies, police or department head generated or SCADA generated call outs related to Streets, Water, and Wastewater during nonduty hours, weekends and holidays. If Saturday schedules return, City agrees to include Solid Waste Division employees in standby.
8 2) Standby Period
The standby period would cover a 7-day week from Wednesday at beginning of the workday to the following Wednesday at the beginning of the workday. If Saturday schedules return, City agrees to include Solid \Vaste Division employees in standby. 3) Availability & Eligibility
The person on the standby schedule would be required to carry a City cell phone and respond after hours when needed, properly dressed for work (meaning with proper safety equipment and as a minimum a City shirt to identify them as a City employee) ready to perform needed duties within one hour 4 5 minutes of being called. This would preclude the employee from partaking of alcoholic beverages or any other substance that would or could impair their judgment. An employee 1tvho has difficulty responding and being ready for work 1tvithin 4 5 minutes due to childcare considerations may be approved by the Department Head to have up to one hour to respond.

Employee will have a preapproved request in their supervisory file.

Employees who have called in sick for the day for their own illness shall not be eligible for standby pay. Department Supervisors shall prescribe the procedure for transfer of standby duties when this occurs. Employees using sick time for doctor's appointments, but are otherwise able to respond and perform duties within the availability parameters established above are eligible for standby pay. Employees using sick time for care of another person shall not be eligible for standby pay unless the employee self attests in writing that they can respond within availability parameters; i.e. the availability/presence of an alternate caregiver.
4) Scheduling
Superintendents/Supervisors will provide a schedule showing one year's standby schedules for employees to plan around. Schedule changes can be made if approved ahead of time and provided the person on standby has found another person on the standby roster to pull theirs for them. 5) Compensation
Employees will be compensated for non-worked hours at the rate of $3.00~ per hour for the first t\vo yearsyear of the agreement and $3 .2500 per hour the thiresecond year of the agreement.

All other hours would be compensated at the employee's regular hourly pay or at time and a half for overtime. Any hours worked will not be counted as standby time as the employee no longer is in the standby mode but actually working. Employees 1tvho have called in sick for the day shall not be eligible for standby pay. Department Supervisors shall prescribe the procedure for transfer of standby duties when this occurs.
6) Use of City Vehicle
During the week a person is on standby, a city vehicle suitable for responding will be allowed to be taken home for the sole purpose ofresponding to call outs while on standby. This vehicle cannot 9 be used for transporting family members to events or visits, going to grocery stores or general running around. This vehicle can only be for official use such as to and from work or a site. 7) Standby accruals
The maximum Standby hours that can be accrued during a regular work day will be 16 hours. The total hours for hours worked plus standby must equal 24 hours in a calendar day. The total standby hours on non-working days such as weekends or holidays will be 24 hours/day.

The maximum accrued standby time during a typical workweek cannot exceed 128 hours. If a person is called in to respond to an emergency or call out then the hours worked would be deducted from the total standby hours. For instance, if on the weekend a person was called to respond to a sewer, water or streets problem and spent 3 and a half hours taking care of it then the total standby hours for that day during the weekend would be 21.5 hours with 3.5 hours worked at an overtime rate.
8) Non Standard Work Weeks
If a holiday falls on the last day of a person's standby then the person pulling the standby must continue to be on standby until the first regular workday after the holiday. The 128 hour maximum will not apply in this instance. A maximum amount of 24 additional hours of standby time may be accrued only with prior Supervisor approval.

ARTICLE 6. LEA VE:
a. Vacation
The time at which the employee shall be granted a vacation is at the discretion of the department head.

The predominant factor to be considered is the need of the City. However, in an effort to accommodate each employee's requested vacation, the department shall open to bid vacation scheduling in the order of classification seniority. Classification seniority shall govern where more than one employee bids for the same period, insofar as possible. Annual vacations applied for other than during the open bid period will be granted at the discretion of the department head or his or her authorized representative. The City will respond within one week (7 days) as quickly as possible to provide the employee sufficient time to finalize any plans. Vacation requests are to be submitted to the employee's supervisor and forwarded for approval to the Department Head or City Manager. There will be no bumping employees already approved for vacation time off.

The final vacation schedule as approved by the department head will be posted in the employee work area not later than April 30th.

It is encouraged that vacations be taken in full blocks each and every year (so as to fulfill the City's policy that employees maintain themselves in a refreshed condition).

Changes in the vacation schedule may be amended only with the approval of the department head or his authorized representative.
10 Vacations shall be earned on the following basis for full-time employees:

Vacation Buy-back
Twelve days (96 hours) per year for the first two years.

Thirteen days (104 hours) per year beginning with the third year.

Fourteen days (112 hours) per year beginning with the fourth year.

Fifteen days (120 hours) per year beginning with the fifth year.

Sixteen days (128 hours) per year beginning with the sixth year.

Seventeen days (136 hours) per year beginning with the seventh year Eighteen days (144 hours) per year beginning with the eighth year.

Nineteen days (152 hours) per year beginning with the ninth year.

Twenty days (160 hours) per year beginning with the tenth year.

The City encourages employees to use earned vacation time. However, circumstances may arise in which an employee does not use accrued vacation time. Employees may have up to 80forty (4 0) hours of accrued vacation time bought back by the City each fiscal year. Employees are limited to two buy-backs per fiscal year, not to exceed 80 hours. To be eligible for vacation buy-back, an employee must have an accrued vacation balance of at least 120 hours after the buy-back. Any employee choosing to participate in this benefit shall provide the City with at least thirty (30)14 days advance written notice.

Vacations shall be earned monthly, with an employee starting work between the 1st and 15th of a month earning the full credit of vacation benefits for that month. Employees hired beginning with the 16th day of the month shall earn no vacation credits for that month.

Probationary employees shall accrue vacation leave but are only eligible to use half accrued vacation leave after six months of employment.

Employees may accrue vacation leave to a maximum of the leave earned of 320 hoursin two calendar years or thirty days (24 0 hours), vvrhichever is lower. In the event an employee has been unable to take advantage of vacation leave as earned, with the result that said employee has accumulated the maximum, the employee may absent himself themselves from work, after giving his-their supervisor seven days written notice, and subject to the City Manager's approval, in order to prevent the loss of vacation leave beyond the maximum. Said approval by the City Manager shall not be withheld unless the City Manager makes a finding that employee's absence would cause substantial disruption of the operation of the employee's department.
b. Sick Leave
Employees will receive one full day's sick leave allowance for each month or fraction of a month of employment (based on date of hire) up to a total of 12 days allowance per calendar year. Employees shall earn sick leave credit on a monthly basis, with an employee starting work between the 1st and 15th of the month earning the full credit of sick leave benefits for that month. Employees hired beginning with the 16th day of the month shall earn no sick leave credits for that month. 11 Starting July 1, 1988, such allowance is accumulative from year to year without limitation. As an incentive to accrue sick leave, the parties recognize that the City has added sick leave conversion to its PERS contract that allows conversion of accrued but unused sick leave to service credit upon retirement as provided by law.

Benefits shall be payable commencing the first day of leave due to sickness or accident. Sick or accident benefit payments, including worker's Compensation payments, for any week shall not exceed an employee's normal straight time weekly earnings, including shift differential, if any. Benefits are payable only for an employee's regularly scheduled workdays on which the employee is off as a result of illness or accident.

Sick leave may be taken for (a) an employee's illness or injury or (b) an employee's dental, eye or other physical or medical examination or ( c) treatment by a licensed practitioner ( d) care of immediate family in which the employee is responsible for providing primary care.

The employee is automatically required to furnish a doctor's certificate or other satisfactory proof of illness or accident when absent three or more days. When absent two or less days, the City Manager or their his authorized representative, if evidence of abuse exists, may require such proof. The City Manager or their his authorized representative may terminate and/or withhold said benefits upon employee's failure to furnish satisfactory and non-falsified proof of illness or accident.

City has agreed to a sick leave donation program to allow bargaining unit members to donate sick leave and/or vacation time to seriously ill or injured bargaining unit employees whose sick leave is expiring.

Said program shall include provisions for anonymity of donors, a cap on the amount of time that can be donated, and a formula for establishing the value of donated sick leave. The Proposed sick leave donation programs have been subject to the bargaining unit meet and confer process. The City Council shall have final decision making authority regarding a sick leave donation program. In the event that the City wishes to revise its sick leave policy, this shall be subject to meet & confer. c. Funeral Leave
A full-time employee at any time may use a maximum of three days (24 hours) paid leave time to attend the funeral of a member of the employee's immediate family. Pursuant to AB 1949 an employee may take an additional two days (16 hours) of unpaid bereavement leave. Employee may use any accrued sick leave, vacation, comp time, or other accrued paid leave for the unpaid portion of their bereavement leave.

Bereavement leave does not need to be taken consecutively; however, all bereavement leave must be taken within three (3) months of the family member's death. If additional time is required, accumulated vacation time may be used when approved by the City Manager.

For the purposes of this Article, a member of the employee's immediate family is automatically defined as legally recognized spouse, brother, sister, father, mother, son, daughter, step children, grandparents, great grandparents, step parent, mother-in-law, father-in-law, sister-in-law, and brother-in-law. Also, at the sole discretion of the City Manager, this definition may be extended, on an individual basis. d. Leave of Absence without Pay
12 The City Manager may grant a permanent or probationary employee a leave of absence without pay or loss of seniority for not to exceed three months. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request, unless reason for the request is protected under Federal, State, or local law. The approval shall be in writing. Upon expiration of the regularly approved leave or within a reasonable period of time after the notice to return to duty, the employee may be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration or within a reasonable time after notice to return to duty shall be cause for discharge in the discretion of the City Manager. e. Jury Duty
Employees of the above described unit are encouraged to serve on jury duty. While so serving, they will still be paid by the City on the basis of a forty hour week, at their normal rate of pay, for not more than one required call for jury duty per calendar year, on condition that any compensation (in excess of mileage and meal expenses) received from the court be turned over to the City. Jury duty in excess of that required as part of one call for jury duty per calendar year will not be compensated by the City. f. Holiday Benefits
1) The following shall be recognized as paid holidays for bargaining unit members:

Holiday
New Year's Day
Floating Holiday
Martin Luther King, Jr Day
Washington's Birthday
Memorial Day
Juneteenth * *
Independence Day
Labor Day
Admission Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
Date
January 1 *
One additional day, to be taken as arranged by the Individual employee before June 30 of each contract year.

Third Monday in January
Third Monday in February
Last Monday in May
June 19*
July 4*
First Monday in September
Observed in lieu of en-employee's birthday, to be taken as a floating holiday as arranged and agreed upon between the employee and supervisor.

November 11 *
Fourth Thursday in November
Friday after Thanksgiving
December 24 *
December 25*
_* _ When one of these holidays falls on a Saturday, the previous Friday shall be observed. When the holiday falls on a Sunday, the following Monday shall be observed. If a Holiday falls on an employee's regular day off the holiday will be observed on their next scheduled work day. ** Juneteenth holiday shall be observed beginning in the second year of this agreement; e.g. June 19, 2026
13 g.
2) Any unit employee required to work on a holiday shall receive eight (8) hours regular pay, plus one and one-half hour's pay for each hour worked or, at the option of the employee, an equivalent amount of compensatory time; provided, however, that if budgeted overtime appropriations are fully expended, City shall have the right to require compensatory time in lieu of overtime pay.

This shall be the total compensation for the holiday.

Military Leave
Employees who are members of the National Guard or Reserve branches of the Armed Forces of the United States shall be granted leave at the rate of fifteen (15) working days per calendar year plus necessary. travel time for annual training requirements upon presentation of orders by their commanding officer. Up to fifteen (15) military leave days may be carried over to the succeeding year for a maximum of thirty (30) military leave days for that calendar year. Such leave shall be granted without loss of pay and in addition to regular vacation time. Each employee who request military leave shall furnish a copy of his/her orders to the Administration Department. An employee who is drafted or called to active duty in the Armed Forces of the United States or who volunteers for military service, shall be placed on extended military leave without pay and upon application within 90 days after the effective date of his/her release from active duty, shall be reinstated to the position vacated or an equivalent position at no loss of seniority or any of the other benefits and privileges of employment. An employee who enlists or reenlist for a second consecutive tour of military duty shall forfeit his/her re-employment rights.

ARTICLE 7. ANNUAL PERFORMANCE EVALUATION:

At least once each year on the employee's anniversary date the department head shall, in consultation with the City Manager, review the performance of each employee. If an employee does not receive their evaluation within 30 days of the anniversary date, the City Manager shall be notified and the supervisor shall have 30 days to complete the evaluation. All wages will be retroactive to the employee's anniversary date.

A copy of each evaluation shall become a part of the employee's personnel record and the employee shall be provided with a copy of each evaluation. The evaluation may be appealed through normal administrative channels for review to the City Manager.

ARTICLE 8. JOB OPENINGS AND JOB CLASSIFICATIONS:
a. Job Classifications
It is recognized that the establishment of new or revised job classifications within the unit covered by this Memorandum may be warranted because of changes in job content or services offered by the City. In the event that new or revised job classifications or changes in job descriptions are recommended, the City agrees to meet and consult with the Union to discuss salary and duty revisions thirty (30) days prior to any changes being made. The final decision concerning revised job classifications remains with the City. The City will review job descriptions when specifications are mandated by Federal or State requirement. 14 b. Posting
All permanent openings in the bargaining unit shall be posted for a period of seven (7) calendar days prior to initiating open (outside) recruiting in order to encourage incumbent personnel to apply for positions.

Applications received from incumbent employees during this seven (7) calendar day period, shall be considered prior to commencing open recruitment. The City in its sole discretion shall determine whether or not final selection and appointment will be made from an open recruitment. Open recruitment shall not mean that incumbent applicants have been rejected.

C. Probationary Periods (New Hires)
All newly-hired employees shall be considered in a probationary period for their initial twelve months of employment. Probation may be extended at the discretion of the Department Head under limited circumstances, such as when medical leave or workers' compensation leave has occurred in the probationary period, when discipline has been rendered in the probationary period or when additional time is necessary to properly evaluate employee.
d. Transfers
A transfer is defined to mean: the transfer of an employee from one position in the bargaining unit to another position in the same class within the bargaining unit, or to another position in a class in the bargaining unit with the same maximum salary and which involves a minimal change in work duties; provided, the position to which the employee is transferred is one for which the employee possesses the desired qualifications. Employees receiving such transfer, shall suffer no loss of seniority pay or status, but shall be deemed Transfer Probationary for a period of up to three months following inception of the transfer, during which months the employee may be released from the new position in accordance with the usual probationary rules. If so released, the employee shall have the right to return to the pre-transfer position, without loss of seniority, pay or status.

The decision to affect a transfer from one position to another within the same job classification is solely that of the City. Transfers are subject to the seniority provisions set forth in Article 10, SENIORITY, paragraph (a).
e. Promotions
Promotion is a change from one bargaining unit classification to another classification in the bargaining unit, with a pay range higher than the top step of the lower paid classification. At the time of promotion, an employee shall receive a pay raise of not less than five percent (5%), but in no event shall the pay raise be greater than the top step of the salary range for the higher paid classification.

Employees applying for, and receiving, such promotion shall suffer no loss of seniority or status, but shall deemed Promotion Probationary for a period of up to six months following inception of the promotion during which period the employee may be release from the new position in accordance with the usual probationary rules. If so released, the employee shall have the right to return to the pre-promotion position, without loss of seniority, pre-promotion pay, or status. Promotions are subject to the seniority provisions set forth in Article 10, SENIORITY, paragraph (a).
15 ARTICLE 9. TEMPORARY WORK IN ANOTHER CLASSIFICATION
Any employee who is assigned to welding duties that is not listed as part of their job description shall be paid out of class pay for each full hour of welding. Assisting in welding is not considered welding. Any employee who is assigned to and who performs work duties assigned to a higher job classification for a period of 16 or more hours, shall be paid at the salary range of that higher classification for the entire period of time during which the employee works out of classification. The out of class must be the step of the higher class that provides at least a 5% increase. a. Designation of the out-of-class assignment shall be made by the employee's immediate supervisor, or the other management employee acting in the supervisor's capacity and the affected employee shall be so instructed at the beginning of the work shift. Designation of an out-of-class assignment shall be predicated upon the employee being assigned to perform work duties which are substantially representative of the work duties usually performed by a higher class, and which clearly reflect the skill level and responsibilities associated with the higher class, but the employee shall not be required to necessarily perform all of the duties associated with the higher class. b. The City specifically agrees that it shall not use the hour qualification requirement or the requirement 'to perform work duties which are substantially representative of the work duties "requirement above to circumvent qualification for out-of-class work opportunity. c. Employees who believe that they should be awarded out-of-class qualification, but who are denied such qualification by the immediate supervisor, shall have the right to appeal such dispute through the Grievance Procedure.
d. The City will assign a qualified employee to replace Supervisors who are on vacation or leave in excess of 8 hours or one full work day. The employee will be paid at the lowest Supervisor's rate of pay or 5% whichever is higher. If the assignment exceeds 80 hour, the employee becomes FLSA exempt meaning no overtime or compensatory allowed for hours worked beyond a typical work day or week. If the assignment exceeds 30 days, then a prorated administrative leave will be provided allowing a minimum of one (1) work day.

An employee who works in excess of 8 hours in a workday while replacing a Supervisor, but has worked less than 80 hours for the assignment, will be compensated for 8 hours his/her regular rate of pay and receive overtime premium calculated on his/her regular rate of pay for any time in excess of 8 hours for the workday. In addition to this, he/she shall receive the 5% or incremental rate for the lowest Supervisor's rate of pay for working out-of-class for each hour or portion thereof for the workday.
e. Effective July 1, 2013 , the City shall begin tracking all hours of employees who are assigned to and who perform work duties assigned to a higher job classification. 16 ARTICLE 10. SENIORITY
Seniority shall be total length of service in years, months, and days from an employee's date of last hire. a. Except as may be provided in Article 8, JOB OPENINGS AND JOB CLASSIFICATIONS, when all other factors are judged to be equal by the City, seniority shall be final determining factor in making transfer and promotion decisions involving bargaining unit positions and bargaining unit member-applicants.
b. All layoffs of bargaining unit members shall be accomplished as provided in Article 21 , LAYOFF PROCEDURE.

ARTICLE 11. SHOP STEW ARD:

The Union may appoint two (2) shop Stewards who are members of the Union. The Union shall provide the City, in writing, the Shop Stewards' names. Union issues that are department specific will be handled by one Shop Steward and the Business Representative.

Each Shop Steward shall request permission from his or her supervisor to conduct, on City time, Union business falling within the provisions of this Article. Each Steward shall report to his or her supervisor upon completing such activity. Every effort shall be made by each Shop Steward to conduct Union business at the end of his or her regularly assigned shift and to not interfere with the duties of other employees in the unit.

ARTICLE 12. BULLETIN BOARDS:

Bulletin Boards, of the size of three feet by four feet, or less, may be established and maintained by the Union at Union expense, at mutually agreed upon locations.

The Union must keep said bulletin boards in a neat and orderly appearance. They shall be maintained for the posting of only the following types of notices:
a. Union recreation and social activities;
b. Union elections;
c. Union appointments and results of Union elections; and d. Union meetings.

All material posted on said bulletin boards must (1) contain the date of posting, (2)contain the identity of the organization responsible for the posting, and (3) be removed within thirty-one calendar days of posting, except that materials listing the names and telephone numbers of officers of the Local, and/or that material explaining available employee benefits need not be removed within said 31-day period.

The City shall not be responsible for maintaining or constructing said bulletin boards. The City shall be held harmless by the Union and shall be indemnified by the Union for any liability incun-ed as a result of the physical or personal damage sustained by anyone due to either the condition or location of the boards or the contents of any publications placed thereon.
17 If the City objects to any posted material which is claimed to be inconsistent with this agreement, it shall notify the Shop Steward to remove the material within twenty-four hours. In the event the matter cannot be resolved between the City and the Shop Steward within this period, the material will be removed and a grievance may be taken directly to Level Four of the grievance procedure. It is further agreed and understood by the parties that the above bulletin board privileges, as set forth in this Article, may be revoked by the City if the provisions of Article 3, STRIKES AND LOCKOUTS, are violated by the Union.

ARTICLE 13. SAFETY:

The City shall continue to provide for the safety of employees during the hours of their employment, including adequate safety equipment. The promulgation of all safety rules is within the sole authority of the City. The City Manager shall have the authority to discharge, suspend, or otherwise discipline any employee who fails to comply with said safety rules.

The City shall take all reasonable and readily available precautions when employees' assigned duties are performed under generally known extraordinary life endangering conditions.

ARTICLE 14. SAFETY EQUIPMENT AND UNIFORMS:
a. Safety Shoes and Safety Glasses:

The City shall provide eye safety equipment when required for a particular job. Employees agree to purchase at least one pair of approved safety boots/shoes each year. Approved safety boots/shoes, which shall be worn at all times, are to be determined by the Department Director in consultation with Union Shop Stewards. City agrees to either reimburse employees up to $225.00 One Hundred and Ninety Dollars ($190) or provide vouchers for no more than $225.00 One Hundred and Ninety Dollars ($190) the first year of the contract and Tvv=o Hundred Dollars ($200) the second year of the contract for safety boots/shoes provided that for purchases of said safety boots/shoes made at stores located in the County of Fresno. The City will allow, per its purchasing policy, 5% above the $225.00 -1--90-for purchases of safety boots/shoes made at stores located in the City of Reedley. Any boot purchases that are paid for in whole or in part by the City of Reedley must be for the sole use of the specific employee that the reimbursement or the boot purchase voucher is assigned to. No boots shall be sold, traded, or returned to the place of purchase for a cash refund or store credit. Upon approval of Department Head, Safety boots/shoes ruined during the course of normal duties will receive up to the then current Safety Shoes reimbursement rate for replacement.
b. Uniforms:

Employees in the unit who are required to wear uniforms (pants and shirts) shall each be provided, at City expense, up to one clean City-prescribed uniform per workday per employee. In return, all employees of the unit shall start work in clean and pressed clothing (such clothing to be the prescribed uniform, where applicable. If requested, the City shall pay for up to one (1) uniform size change per employee, per calendar year. Additional uniform size changes shall be at the employee's own expense, at the then current cost. 18 c. Jackets and Vests:

The City shall purchase, issue, and replace jackets or vests as needed for each employee. The present uniform policy for all employees in the bargaining unit is set forth in Appendix "A". d. Tool Allowance
The City shall replace tools broken when being used in the course of employment for all Equipment Mechanics and Heavy Equipment Mechanics. The broken tool will be presented to the supervisor, and the purchase of a replacement tool is to be of equal quality and quantity. The City shall provide specialty tools as needed and approved by their supervisor, and shall remain the sole property of the City. The City and the Union may reopen negotiations no later than January 30, 2025~to discuss Tool Allowance only.

All Mechanics will track their annual tool purchase cost and submit them to the Union.

ARTICLE 15. HEALTH AND WELFARE:
a. Medical Insurance
City shall maintain medical coverage and shall pay the average of the two lowest premium plans of the employee and qualified dependent care premiums.
b. Vision Coverage
The City shall maintain vision insurance (benefit level to be equal to current Vision Service Plan) and shall pay 100% of the employee and qualified dependent care premiums to provide full payment of those premiums. Such Plan shall be maintained throughout the term of this Agreement. c. Dental Coverage
The City shall maintain dental insurance (benefit level to be equal to current Ameritas plan), and shall pay 100% of the employee and qualified dependent care premiums to provide full payment of those premiums.

Such Plan shall be maintained throughout the term of this Agreement. d. Long-Term Disability Coverage
The City shall maintain long term disability insurance (benefit level to be equal to current Hartford plan) and shall pay 100% of the employee coverage premium. Such Plan shall be maintained throughout the term of this Agreement.
e. Life Insurance Coverage
The City shall provide life insurance coverage of $50,000 for each bargaining unit employee and shall pay 100% of the employee coverage premium. Employees may request additional coverage at employee expense. Such coverage shall be maintained throughout the term of this Agreement. 19 1.

11. f.

The City shall maintain a Life Insurance policy that is equal to the employee's annual base salary, as adopted on the Master Salary Table (rounded to the nearest $1,000), for an employee whose base salary exceeds $50,000
The City shall maintain a Life Insurance policy that is equal to $50,000 for an employee whose base salary is less than or equal to $50,000
Cash-In-Lieu of Benefits Option
Employees may voluntarily enroll in the Cash-In-Lieu of Benefits program if they have alternative medical, dental, or vision coverage not provided by the City. The program will run from January 1st to December 31st annually. Employees will receive monthly in-lieu payments as taxable income and reflected in withholding contributions on their paycheck. Employees may be eligible to re-enroll in City benefit plans only during the Open Enrollment period or within 30 days of: Family Unit change due to marriage, birth, or adoption; Loss of other coverage; Court or administrative order; Reemployment after Military service. Cash-in-Lieu amounts will be set at $300.00 per month for medical, $40.00 per month for dental, and $10.00 per month for vision coverage. Employees must re-enroll and show proof of alternative coverage annually. The City reserves the right to discontinue the program. Employees will be notified at minimum, 30 days prior to Open Enrollment should the program be discontinued or amended. g. Medical Exam & DMV Appointments
Employees will be paid up to two hours total to attend the medical examination and DMV appointments to obtain or renew their required endorsements.

ARTICLE 16. EDUCATION AND INCENTIVES:

Employees may, from time to time, of their own volition, further their education and increase their value as an employee of the City by taking an approved course of study. Employees may be allowed to take time off from a regular work shift to attend a class or course as follows:
a. The class or course must be approved in writing in advance by the Department Head and City Manager.
b. The needs of the City can be met by the City during the time of absence. c. The time off allowed for attending the class or course will be without pay. The City may agree to allow the employee to make up the time of absence, and nothing shall prevent the City from authorizing paid absence, should the City elect to exercise such options. d. The class or course of study is only offered during the normal work shift. If the class or course is offered after normal working hours, the City in its sole discretion will determine whether the employee can be excused from his/her regular work shift for this purpose. 20 e. The approved class or course of study shall result in the employee acquiring the equivalent of an Associate of Arts ( or Associate of Science) degree with 60 units of college level credits or a Bachelor of Arts ( or Bachelor of Science) degree.
f. This Article shall not be used for the acquisition of any minimum training required for a job classification or which may be mandated or desired by the City, which required training shall be accomplished at City expense, on paid time.
g. Incentives
Upon completion of a pre-approved course of study as discussed above and presentation by the employee of a diploma or certificate, the employee shall be entitled to receive incentive pay of five percent (5%) for Associate Degree or a Bachelor's Degree in addition to the regular base salary of the employee.
1) An approved course of study shall be mutually determined for each job classification. It is the intent of this Article to define a study series that will be comparable to achieving a certain level of education from an upper-level, college-type learning institution. h. Bilingual Incentive Pay
At the sole discretion of the City Manager, any employee who demonstrates to the satisfaction of the City Manager (through independent testing) that they possess and retain skills necessary to translate and communicate, both orally and in writing, in a non-English language determined by the City Manager to be regularly useful to the City of Reedley, shall receive incentive pay of $100.00eighty five dollars ($85.00) per month. For those employees who can communicate with oral proficiency only (through independent testing) in a non-English language determined by the City Manager to be regularly useful to the City of Reedley, shall receive incentive pay of $80.00seventy dollars ($70) per month.

ARTICLE 17. CERTIFICATES AND INCENTIVES:
a. General
Employee may elect to acquire and maintain certifications issued by regulatory agencies or other similar agencies to demonstrate skill, knowledge, and expertise which are greater than the minimum qualification level established in the official job duty statement for their job classification. In order to be eligible for incentive pay as discussed herein, the employee must have received prior written approval of the course of study which will result in certificate from the Department Head and the City Manager. The certification shall represent a substantial effort by the employee requiring a course of study over a period of time.

Denials can be subject to meet and confer.
b. Certification/License
For purposes of this article a certification/license shall mean a diploma Class A or B or endorsement license, or other document issued by an agency of the State of California or another approved learning 21 center, institution, or governmental agency certifying that the person to whom the certificate is issued has successfully completed a previously approved course of study. c. Incentive
Upon presentation by employee of a Certificate as described above, the employee shall be entitled to incentive pay which shall be in addition to the regular base salary of the employee. The amount of incentive pay shall be determined and established by the Department Head and City Manager at the time the course of study is pre-approved. Incentive pay shall be awarded in two and one half percent (2.5%) increments in addition to the regular base salary of the employee. Maximum incentive pay for any one employee for all certifications shall not exceed ten percent (10% ). Employees shall maintain current certifications during the course of employment in order to continue to receive incentive pay. Incentive pay shall cease whenever a certification is no longer valid. City agrees to pay, on an annual basis, 100% of the employee's cost of maintaining certifications that are required per the employee's current job description. All other certification costs are to be borne by the employee .. d. Class A or B Endorsement License
The City shall cover the full cost of renewal of a Class A or B endorsement license, provided the endorsement license is required in the course of employment, or if the City utilizes the employee's license and endorsements in the course of their normal duties. Employees that have historically received reimbursements for a license above the requirements of their classification will continue to receive full reimbursement from the City.

ARTICLE 18. CORRECTIVE DISCIPLINE:

The City and the Union endorse the concept of corrective discipline. Employees shall receive reasonable notice if a job performance problem develops, and discipline measures will become progressively more severe in order to correct the problem. This would include oral warning, two written warnings, no more than two suspensions, and if then necessary, discharge. The City retains the right to waive any of the above steps if the employee's conduct justifies more immediate disciplinary actions, including suspension or discharge as provided for in Article 19. Any of the above steps may be submitted to the grievance procedure.

The City shall, at the employee's request purge files and records on or by June 30th of every year to eliminate any disciplinary or corrective actions against an employee for records older than three (3) years.

There will be an exception for those newly hired employees that are still on probation QLaE:d-have not reached the maximum step within their job classification.

ARTICLE 19. DISCHARGE AND SUSPENSION:

The City Manager, or their h-i-s--authorized representative, retains the right to discharge, demote, discipline, and suspend employees. Any employee may challenge this decision through the grievance procedure, provided a written grievance is filed with the City Manager within five working days of notification of the action. If requested, the City Manager or their ms designee shall have five working days to provide the grievant with a written statement of the reasons for the discharge or suspension. 22 ARTICLE 20. GRIEVANCE PROCEDURE:

The grievance procedure for this unit is attached as Appendix "B".

ARTICLE 21. LAYOFF PROCEDURE:
a. Definition
Layoff is defined as an involuntary separation from City employment wherein the City of Reedley eliminates positions subject to the following process. The City may lay off any employee because of material change in duties, reorganization, shortage of funds or shortage of work. b. Authority
The City Manager shall implement layoff procedures in accordance with the process outlined herein. c. Policy
1) The city will make every effort to accommodate those employees who may be subject to layoff through the process of normal attrition. In the event of the reduction of the work force, existing vacancies shall be used to the maximum extent possible, as determined by the City Manager, to relocate affected employees.
2) Layoffs shall be implemented by job classification, as determined by the City Manager. Regular, full-time employees shall have the right to bump within their classification, if possible, and then, into their former classification within the same bargaining unit, provided that the bumping employee has more seniority than the employee to be bumped. The employee with the least amount of City seniority in any classification affected by the layoff will be the first to be laid off.

If qualified, this employee may in tum bump (i.e., replace) an employee in the next lower classification, who has the least City seniority in that classification, provided that the bumping employee meets the minimum qualifications for that classification, as determined by the City Manager. For purposes of this layoff procedure, seniority shall be defined as follows: (a) if the total seniority of two or more employees in B-the affected classification is equal, then seniority within the classification shall be determinative; (b) if the foregoing factors are equal, department seniority shall be determinative; (c) if all of the foregoing factors are equal, the date permanent status was reached shall be determinative; ( d) if all of the foregoing factors are equal, the City Manager will determine layoff order based on clearly demonstrated superiority in performance and on qualifications - the City Manager's decisions shall be final. 3) The layoff priority of employment categories within a classification shall be as follows: (a) temporary, part-time, and probationary employees, regardless of seniority; (b) regular, full-time employees, by seniority.
4) Departments which anticipate a possible reduction m staff by layoff shall notify affected employees 30 days prior to reductions.
23 5) Employees transferred through bumping in the same bargaining unit and in the same salary range, shall retain the same salary step and retain the same anniversary date, otherwise, the employee shall be assigned the appropriate salary step in the range closest to the salary range of the present position, as determined by the City Manager.
6) Employee who cannot be placed, through the process described above, and are laid off shall have their names placed on a reemployment list and shall be eligible for reemployment as follows:
(a) to compete in promotional examinations for positions in which they are qualified, as determined by the City Manager for the period of eighteen (18) months following layoff; (b) to maintain the reemployment rights described herein for a period of eighteen (18) months following layoff and to be eligible for any vacancies which may occur during this period in the classification held by the employee at the time of layoff or in the bargaining unit, provided, however, that the employee continues to be qualified and possess the licenses and skills required, all as determined by the City Manager; ( c) to be considered for any other vacancy which may occur in the same or lower classification within the same bargaining unit, provided that the employee is qualified and able to perform the duties of the job, as determined by the City Manager. If the position is below the employee's salary at the time of layoff, he/she shall be advised and the employee will have the opportunity to accept or reject the position. If rejected, the employee shall not lose the credit on his/her eighteen (l 8)twelve months eligibility. If the position is at a higher salary range, the employee shall accept the position at his/her salary at the time of layoff until the probationary period is completed for the new position at which time the employee shall be assigned the appropriate salary step and range as determined by the City Manager. If the employee rejects the position, all eligibility for reemployment shall be immediately forfeited. Probation is required for all rehires, unless they are hired into their former position. 7) Employees who are laid off shall automatically be placed on the reemployment list for the affected classification. All vacancies within that classification shall be filled from the reemployment list prior to using any other eligibility or employment list so long as the laid off employee continues to be qualified for the position and continues to maintain such licenses and skills required for the position and continues to maintain such licenses and skills required for the position, as determined by the City Manager.
8) the laid off employee shall receive payment for all accumulated vacation, compensatory time, and holidays as elsewhere provided in this MOU, at the time of layoff. 9) Employees who are paid for vacation, compensatory time, and holiday time and are subsequently rehired will begin accumulating any benefits, which are at that time available under the then current MOU, on the date they commenced work. Laid off employees shall not continue to accumulate seniority, vacation, sick leave, or any other benefit of any kind during the period of layoff.

Employee retirement, insurance, and all benefits cease at the time of layoff and will not be paid during the layoff period. It is the employee's responsibility to provide the personnel department with an update d address and phone number during the period of layoff. 10) Employees who are laid off shall continue to receive the same health, medical, dental and life insurance benefits contained in the then existing MOU, at the time of layoff, for a period not to 24 exceed three months provided, however, that this benefit shall be available only for regular, fulltime employees with two (2) or more years of continuous service at the time of layoff. 11) An employee who is laid off shall be notified within thirty (30) days of the date layoff of any right or opportunity to continue medical benefits under any then existing state or federal law or regulation.
12) Employees on the reemployment list who are recalled to work pursuant to the procedures outlined above shall have ten (10) calendar days after notification by the City to report to work. Notification by the City shall be by certified mail or other means of comparable communication to the employee's last reported address on file with the City.

A laid off employee not reporting to work on the date and time contained in the notice, shall immediately lose any remaining benefit, right or entitlement described herein and shall be immediately removed from the employment list.
13) Employees rehired from the reemployment list shall return to City employment with their personnel file intact and shall regain any seniority previously accrued following any required probationary period.
14) Part-time, probationary or temporary employees may be laid off by the City without regard to seniority status and shall have no reemployment rights. 15) The provisions of this layoff policy are not intended as a substitute for any required disciplinary process pertaining to any employee.

ARTICLE 22. RESIDENCY:

Employment with the City for call back employees, as determined by the City, is contingent upon such employees establishing residency within a response time of one hour forty five minutes driving distance of the place of employment no later than the end of the employee's probationary period. Employees shall advise their supervisor in writing of any change of residency or telephone number, and the Supervisor shall verify compliance with the residency requirement and report to the City Manager for their his approval. If an employee's residency is not found in compliance by the City Manager, the employee may appeal in writing to the City Council for approval or extension within fifteen calendar days after the decision of the City Manager. The decision of the City Council shall be final and binding.

ARTICLE 23. RETIREMENT:
a. PERS Tier/Pickup
Effective July 1, 2015, all employees will contribute 100% of their share of PERS. The City will contribute 100% of their share of PERS.

AB 340 created the Public Employees' Pension Reform Act (PEPRA) that implemented new benefit formulas and final compensation period, as well as new contribution requirements for new employees 25 hired on or after January 1, 2013 who meet the definition of new member as per PEPRA._Employees defined as 'Classic members' shall continue to have a 2.0% @ Age 55 miscellaneous tier retirement package with the California Public Employees Retirement System (CalPERS). Classic members are defined by CalPERS as having been a member of CalPERS or a reciprocal system prior to January 1, 2013.

The City shall continue to pick up each employee's full contribution to the PERS to the maximum of approximately seven (7.0%) percent of those wages subject to such contribution. The "pick up" shall not be wages, but shall be pursuant to Internal Revenue Code Section 4 l 4(h) (2) and shall be paid to the credit of the employee's account. Employees shall pay their own share of Social Security.

New members shall have a 2.0% @ Age 62 miscellaneous tier retirement package with CalPERS, shall have a 3 year final compensation period, and shall be responsible for payment of their member contribution rate as a percentage of payroll. The initial member percentage of 6.25% of reportable compensation is currently set by the actuarial assumptions used in the Actuarial Cost Analysis of AB 340, and may change over time if the total normal cost for new members fluctuates by more than one (1) percent over the estimated initial normal cost rate of 12.5% of payroll. (The employer contribution rate has also been initially set at 6.25% of reportable compensation.) CalPERS will review the member rate once a year when the actuarial valuation of the City's plan is performed. The first review is expected to be in conjunction with the June 30, 2013 actuarial valuation that will take place in the fall of 2014. Therefore, the member contribution rate is expected to remain unchanged until July 1, 2015. Should CalPERS revise the member contribution rate prior to July 1, 2015, the City shall have no choice but to comply by adjusting contribution rates of new members. All new member contributions shall be deducted on a pre-tax basis in accordance with applicable laws and regulations.
b. Retirement Credit for Military Service
Qualified bargaining unit members shall be permitted to purchase retirement credit for military service in accordance with the rules and regulations of PERS.

ARTICLE 24. WAGES, MERIT INCREASES, PAYDAYS, AND RECORDS:
a. Wage Rates
b.
1) Employees shall receive a 3.0% wage increase July 1, 2024, and a 3.0% wage increase July 1, 2025.
2) The City shall provide all members a one-time non-pensionable stipend equivalent to 1.0% of annual base wages on the second pay period of July 2024.

Merit Step Increases
It is understood that salary advancements and/or merit step increases are automatic provided a satisfactory evaluation is maintained.
26 C.
1) Employees whose work performance is satisfactory shall be eligible for and shall receive a merit salary increase to the next higher step (not to exceed the maximum) of the salary range for their ms-_position.
2) Permanent employees who have not reached the top of their salary range, are eligible for one-step salary advancement, within the designated range for the position, on the first day of the month coinciding 1.vith or immediately following his/her anniversary date of his/her employment/appointment to the position. Such advancement shall be compensated in accordance with Article 7 except for pay purposes said increase 1
tVil1 not take place until the following July 1st
during the term of this agreement.

Paydays and Records
Employees shall be paid bi-weekly on Friday for regular hours of work. Employees' sick leave and vacation balances shall be shown on their biweekly paycheck stub.

ARTICLE 25. PROVISION OF LAW:

It is understood and agreed that this agreement is subject to all current and future applicable federal, state and county laws. If any part of this agreement is in conflict with or inconsistent with the above applicable laws or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part shall be suspended or superseded by such applicable law and the remainder of this agreement shall not be affected.

Upon occurrence of such an event, the parties shall meet and confer as soon as practical to discuss the invalidated provision( s ).

ARTICLE 26. FULL UNDERSTANDING:
a. It is intended that this agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein and all other topics subject to meet and confer, and, therefore, any prior or existing understanding or agreement by the parties, whether formal or informal, written or unwritten, regarding such matters are hereby superseded or terminated in their entirety. b. It is agreed and understood that during the negotiations which culminated in this agreement each party enjoyed and exercised without restraint, except as provided by law, or limitations, the right and opportunity to make demands and proposals or counter proposals with respect to any matter subject to meet and confer and that the understandings and agreements arrived at after the exercise of the right are set forth in this agreement.

The parties agree, therefore, that except as otherwise provided, herein, neither party shall be required to negotiate with respect to any subject or matter, whether referred to or not in this agreement.
27 c. Any agreement, alteration, understanding, waiver or modification of any of the terms or provisions contained in this agreement shall not be binding on the parties unless made and signed in writing by all the parties to this agreement and if required, approved and implemented by the City Council. d. The waiver of any breach, term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

ARTICLE 27. TERMS:

The term of this agreement shall be two years and remain in full force and effect from July 1, 2024 through and including June 30, 2026.

ARTICLE 28. NEGOTIATIONS:

In the event either party to this agreement desires to negotiate a successor agreement, such party shall serve upon the other its written request to begin negotiations as well as its full and entire written proposals for a new agreement by April 1st, in which event meeting and conferring shall commence no later than April 15th of that year. The parties agree to reopen negotiations by October 1, 2015, on Appendix "B" Grievance Procedure. Specifically Section e., Level Five Advisory i\rbitration.

ARTICLE 29. RIGHT TO MEET:

Bargaining unit members will be allowed to meet on City time for one (1) hour four (4) times a year to discuss Union business. The Union will provide a letter establishing guidelines for the specifics of said meetings that shall be subject to the approval of the City Manager. Any additional meetings will be at the discretion and approval of the City Manager.
28 CITY OF REEDLEY
By:----------
NICOLE R. ZIEBA
City Manager
29 INTERNATIONAL UNION OF

OPERATING ENGINEERS,
STATIONARY LOCAL 39 ("UNION")
By: _________ _

BART FLORENCE
Business Manager
By:----------

CHARLIE SOLT
Director of Public Employees
By: _________ _

JENNIFER OSBORN
Business Representative
By:----------

JAMES MONTFORD
Shop Steward
Appendix "A"

UNIFORMS
The following uniform policy is established effective immediately and will apply to all employees in the General Services Unit until and unless changed by the City Manager:

1. PUBLIC WORKS - STREETS, SEWER, DISPOSAL, WATER, AND EQUIPMENT DIVISIONS.

All employees, within a specific division will wear the same type, style, and color of uniform while on the job with no exception (except as provided in Article 15, SAFETY EQUIPMENT AND UNIFORMS), as provided by the City. The uniform color for each division will be selected by the Department Director.

2. PARKS AND RECREATION - PARK DIVISION.

All employees, except clerical employees, will wear the same type, style, and color of uniform (green) while on the job with no exception ( except as provided in Article 15, SAFETY EQUIPMENT AND UNIFORMS), as provided by the City.

3. PARKS AND RECREATION - BUILDING MAINTENANCE DIVISION.

All employees, except clerical, employees, will wear the same type, style, and color of uniform (blue) while on the job with no exception (except as provided in Article 15, SAFETY EQUIPMENT AND UNIFORMS), as provided by the City.

4. CLERICAL EMPLOYEES.

There is no designed uniform for clerical and general office employees. However, each employee in this class is expected to report to work each day properly groomed and in neat, clean and pressed clothing and attire.

5. TRANSIT DRIVERS.

All drivers will wear the same type, style and color of uniform (White with Blue pin stripe shirts with Navy Blue pants) while on the job.

6. GENERAL.
a. Each employee will report to work each day, properly groomed, in the designated uniform, while is to be clean, neat and pressed.
b. Uniform jackets and shirts will each have a department patch sewn on the left shoulder. c. Each employee is responsible for maintaining the issued rain gear. d. Hats:

1. Hard Hats
Hard hats are issued to all employees and are considered safety equipment. They are to be used at all times when working around or near any maintenance-type equipment. 30 Hard hats may be of the round brim type or the baseball cap type and will be either metal or white in color.

11. Soft Hats
This section applies to employees in the Streets, Sewer, Disposal, Water, and Parks Division:

1. All employees, except clerical employees, will wear the same type, style and color of hat for their division when working at certain designated job assignments approved by the City. The hat will be of the baseball or wide brim type and style and must be approved by the City Manager or his designee. b) The recommended and approved job areas where the soft hats may be worn are as follows: work areas where hazards are non-existent, driving city vehicles, painting, etc. e. Employees are to be proper uniform attire by effective date of this MOU. f. There will be no deviation or substitution allowed or considered unless there is valid evidence to support such a request.
g. During the winter months (November through February) modified uniforms may be considered for employees working outside of a building. Modified uniforms shall be approved at the sole discretion and prior approval of the Department Head. Every effort will be made to permit the employee to dress as warmly as possible while performing his/her duties in a safe, efficient, and effective manner. Modified uniforms shall be consistent with regular uniforms.
h. During the spring and summer months (May through September) modified uniforms may be considered for employees working outside of a building. Modified uniforms shall be approved at the sole discretion and prior approval of the Department Head. Every effort will be made to permit the employee to dress as casually as possible while performing his/her duties in a safe, efficient, and effective manner. Modified uniforms shall be consistent with regular uniforms.
31 Appendix "B"

GRIEVANCE PROCEDURE
Policy Statement
City bargaining unit employees are encouraged to solve difficulties and problems within their department.

In the event that a difficulty or grievance cannot be settled within the department, the employee is encouraged to bring the matter to the attention of the City Manager.

Purpose
The purpose of this grievance procedure is to secure, at the lowest possible administrative or supervisory level, proper and equitable solutions to grievances, and to guarantee orderly succession of procedures within which solutions may be pursed. It shall be incumbent upon all City employees to follow these procedures to settle their grievances.

Definition of Terms
As used in this Section, the following words shall have the designated meanings:
a. Grievance: A grievance is good faith complaint of one or a group of employees or a dispute between the City and the Union involving the interpretation, application, or enforcement, of the express terms of this Memorandum of Understanding. b. Conferee: A conferee is a fellow employee or shop steward who at the request of the employee or City Manager is invited to participate in a grievance conference. c. Aggrieved Party: Aggrieved party is the employee or group of employees or City making the claim.
d. Days: The term "days" shall, except when otherwise indicated, mean calendar days when the City offices are open.

Implementation Procedure:
a. Level One: Oral Discussion with Immediate Supervisor.

An aggrieved party shall orally present his grievance to his immediate supervisor. The aggrieved party and the immediate supervisor should make every effort to resolve the difficulty in this manner.
b. Level Two: Personal Conference upon Written Claim with Immediate Supervisor: An aggrieved party may then submit his claim in writing to their his-Immediate Supervisor. The aggrieved party and the immediate supervisor should make every effort to resolve the difficulty in this manner.

The conciliatory efforts of conferees may be utilized at this stage as a substitute for or in conjunction with the aggrieved party. The aggrieved party 's written claim should state their his position clearly, and the background and reasons and the following items must be included:
32 C.

1. A statement of the steps initiated by the aggrieved party to resolve the problem by informal means.

2. A description of the general and specific grounds for the grievance.

3. A listing of the specific actions and events alleged to be in violation of these Articles. All persons involved (including witnesses) shall be named, stating times, places, and events in which each person named was involved.

4. A statement of the specific actions identified above is in violation of these Articles.

5. A listing of the specific actions which the aggrieved employee believes would best remedy their hls-grievance.

Upon receiving the written claim, the immediate supervisor shall schedule a personal conference with the aggrieved party to resolve the grievance. The written claim must be submitted to be immediate supervisor no more than three (3) days of the event being grieved, except a grievance involving discharge may be submitted to the immediate supervisor no more than five (5) days following the discharge. If the aggrieved party is not satisfied with the results of this personal conference with their his immediate supervisor, they he-must then file a written complaint with their hls-_department head within three (3) days of the meeting with their hls-immediate supervisor.

Level Three: Personal Conference with Department Head:

An aggrieved party may appeal the Level Two decision to their hi-s-department head by filing a written complaint. Said complaint shall contain the same information as described above for the Level Two Claim. It shall not be necessary to re-write the above information. The City shall provide a form which may be used at Levels Two through Four. Upon receipt of the complaint, the department head shall schedule a personal conference with the aggrieved party. At this conference, the attending aggrieved party and department head should make every effort to resolve the matter. If the aggrieved party is not satisfied with the results of this personal conference with their his department head, they he-must then file a written appeal with the City Manager within three (3) days of the meeting with their hls-department head. d. Level Four: Appeal to the City Manager:

An aggrieved party may appeal the decision made at Level Three to the City Manager or his/her designee within three (3) days after the personal conference provided at Level Three. The following then applies:
1 . A copy of the grievant written appeal shall be sent by the aggrieved party to the persons who rendered previous decisions, that is, their ms-immediate supervisor and the department head.

2. The appeal shall be in writing and shall include the same information as described for the Level Two claim. The completed form supplied by the City shall satisfy this requirement. 33 3. The City Manager has the option of either rendering a decision or referring the appeal directly to a Board of Review. If he/she elects to render a decision, he/she shall investigate and confer with the parties involved. The aggrieved party, at their his-discretion, may bring in their his-conferee.

4. The City Manager shall communicate his/her decision in writing, together with supporting reasons, to the grievant.
e. Level Five: Advisory Arbitration:

The aggrieved pai1y may appeal the decision made at Level Four through the City Manager's Office within ten (10) days and request a hearing by a board of Review, hereinafter described:

1. The appeal shall be in writing and shall include the same information as described in the previous claim in Level Two. This shall be in the form of a separate written request, and said request shall be accompanied by a copy of the written claim filed at Level Two and subsequent Levels.

2. Upon receipt of the request, the City Manager in charge of personnel shall direct the Board of Review to conduct an investigation and review.

3. The Board of Review shall have available to it all documents relating to the complaint and any City records that would be helpful I resolving the problem.

4. After studying the documentary evidence, the Board of Review shall conduct such hearings as it deems necessary. At least two (2) days' notice of any scheduled hearing should be given.

5. At the conclusion of the hearing, the chairman of the Board of Review shall submit the Board's written report to the City Manager and the aggrieved party.

6. A Board of Review shall be made up of three (3) members, one selected by the City, and one (1) selected by the Union. These two (2) representatives shall select a recognized arbitrator from the California State Mediation and Conciliation Service. f. Level Six: Appeal to the City Council:

Any of the parties involved in the grievance may appeal the decision of the Board of Review to the City Council within ten (10) days from receipt of the Board of Review findings. The decision of the City Council shall be final and conclusive, and handled in the following manner:

1. Disposition of records: The City shall keep a tape recording of the proceedings and will provide a summary of the parties involved. If any party wishes a verbatim transcript of that recording, that party is responsible for costs incurred. 34 2. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants and shall be considered confidential. The file shall be open to the parties involved.

General Provisions:

To facilitate the grievance procedure, the following provisions shall apply:
a. Any party to a grievance may at any point in the process outlined have a conferee. b. Any employee may serve as a conferee without fear of prejudice or reprisal of any kind being taken against such employee.
c. Grievance adjustments should be more concerned with "with is right" and less concerned with "who is right". Effective adjustment of grievance requires that all parties involved conduct themselves with decorum and restraint, and that commonly accepted principle of ethical conduct be observed at all times.
d. All proceeding, at any level, shall be kept private and confidential, and any deposition of the case will not be made public without the prior joint and mutual agreement of the aggrieved party and the City Manager. An aggrieved party who makes any proceeding or deposition public without said prior joint and mutual agreement shall be held to have thereby waived their his-grievance.

This shall not apply when the aggrieved party requests an open hearing before the Council.

Decisions that have Citywide implications shall be communicated to personnel in an objective and impersonal manner.
e. A written record of all proceedings shall be kept by the parties involved beginning with Level One.

The parties involved shall initial and date the records at each Level, indicating their knowledge of the contents, before the grievance shall proceed to the next level. Such signing shall not necessarily indicate agreement to the factual content.
f. Costs of operating the grievance procedure shall be borne jointly by the City and the Union. g. By mutual written agreement, the time limit at any Level can be extended. h. The Board of Review shall not have the authority to make any finding contrary to the written policies of the City.
35 :1:\: lo

MINUTES

REEDLEY AIRPORT COMMISSION MEETING
Thursday, March 14, 2024 at 4:00 p.m.

1. CALL TO ORDER
A meeting of the Reedley Airport Commissio·n was held at the Reedley Community Center, 100 N. East Avenue, Reedley, California and called to order by Carl Smith at 4:00 p.m.

2. ROLL CALL AND INTRODUCTION OF GUESTS
A. Commissioners Present: Carl Smith, Chairperson; Matt Cochran, Anthony Jewell B. Commissioners Absent: Butch Agrifoglio; Vice Chairperson; Joseph Oldham C. Staff Present: Sarah Reid, Airport Manager; Kayla Cheney, Administrative Assistant D. Others Present: Erik Lacour (via phone), Gary Schales, Michael Tomazin (arrived at 4:14pm)

3. AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
A. Motion by Commissioner Smith, seconded by Commissioner Jewell to approve the November March 14, 2024 agenda. Motion carried.

4. APPROVAL OF MINUTES
A. Motion by Commissioner Smith, seconded by Commissioner Jewell to approve the November 16, 2023 Airport Commission minutes. Motion carried.

5. PUBLIC DISCUSSION - None

6. NEW BUSINESS
A. Clovis Radio Control (RC) Helicopter Club Agreement- Reid shared the Special Event Facility Use Agreement for the Clovis Radio Control Helicopter Club, stating the only change to the agreement from last year is the fee which has increased, per the City's master fee schedule. The RC club will pay for half the discing which will happen before the event. Commissioner Smith shared he would like for the special event fee to be increased and re-evaluated for next years' 2025 event.

Commissioner Smith made motion to accept the Clovis Radio Control Helicopter Club Agreement with no changes, second by Commissioner Jewell.

B. Recommendation for Airport Consultant- Reid stated every five years the City goes out and does a request for qualifications. Since 2013 the City has been with C&S Companies. The City received three packets, one company only does electrical, so this company was automatically disqualified. Which left us with C&S Companies to continue services and Bradley Engineering. Reid put together a review with a representative from Reedley College, Carl Smith from the Airport Commission, and Rodney Horton Community Development Director with the City of Reedley. The two companies were rated very closely; however, C&S Companies overall received better rating from the committee review. Commissioner Smith made motion to move forward with C&S Companies, seconded by Commission Cochran.

C. Use of Airport Office Space- Reid received a call from Michael Tomazin, in regards to use of the office space to keep a filing cabinet and business paper work. New Vision Aviation a nonprofit, currently uses the space. Staff reached out to New Vision Aviation who will allow Michael Tomazin use of the airport office space.

Commissioner Cochran made motion to move forward with allowing Michael Tomazin use of the airport office space, this was seconded by Commissioner Smith. - 1 -

MINUTES

REEDLEY AIRPORT COMMISSION MEETING
Thursday, March 14, 2024 at 4:00 p.m.

7. AIRPORT MANAGER REPORT
A. Capital Improvements - Staff will be speaking to the FAA in regards to the fuel farm and if the project will qualify for funding.

B. Weed Control - Maintenace is working on the ongoing weeds C. Landscaping/Parking - none
D. Public Relations/Airport Promotion - Staff is working on a newsletter which will go out in May.

E. BMX Track - none
F. Hangar Vacancies - Two tenants are unresponsive on their certificates of insurances.

They received a notice to vacate. Since, the letter was mailed out one tenants has become compliant. The other tenant has yet to respond. If we do not receive a response in 30 days we will notify the tenant with a final notice.

G. Electric Planes/Charging Station - Reid shared on behalf of Commissioner Oldham.

The paper for the FAA has been submitted to recertify the first plane to light sport. The parachutes must be repacked for the planes to be recertified. Currently working on cost for the repacks on the parachutes.

H. Reedley College - Gary Schales shared Reedley College would like to move the Tie Down shade structure back to their original space to protect the new airplanes.

8. ADJOURNMENT
As there was no further business to discuss, it was moved by Commissioner Cochran, seconded by Commissioner Smith to adjourn at 5:09 p.m.
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Cari Smith, Chairpersofl
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