RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, ESTABLISHING AND APPROVING ONE-TIME ESSENTIAL WORKER PAY FOR CITY OF RIALTO EMPLOYEES PURSUANT TO THE AMERICAN RESCUE PLAN ACT WHEREAS, on March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA), which appropriates nearly $1.9 trillion nationwide for COVID-19 pandemic relief funding including $350 billion for every eligible state, city, town, territorial and Tribal governments in the country; and WHEREAS, ARPA establishes the Coronavirus State and Local Fiscal Recovery (SLFR) Fund to provide an infusion of resources to help State, local and Tribal governments address their economic struggles in responding to the impact of COVID-19 and to assist with recovery on their communities, residents and businesses; and WHEREAS, the City of Rialto (City) was awarded $29,373,105 in SLFR funds through the ARPA, and has received its first distribution of funding in June 2021, with a second distribution of funding anticipated in June 2022; and WHEREAS, on October 26, 2021, the City Council of the City of Rialto (City Council) adopted Resolution No. 7790 to establish the American Rescue Plan Act Fund (Fund 232) and to appropriate the $29,373,105 in SLFR funds received by the City; and WHEREAS, the City Council appropriated its SLFR funds for various purposes and programs, including funding for social services and financial assistance to residents and businesses impacted by COVID; Citywide street reconstruction; development and implementation of Information Technology (IT) systems and upgrades; development and implementation of a new Citywide security/camera system; and water fund stabilization; and WHEREAS, the US Treasury Department is responsible for administration and distribution of SLFR funds and issued its Final Rule on January 6, 2022, along with its State and Local Fiscal Recovery Funds Compliance and Reporting Guidance (CRG), Version 2.1 on November 15, 2021, that establish the provisions for the use and reporting of SLFR funds; and WHEREAS, the CRG specifies valid Expenditure Categories (EC) for the reporting of expenditure of SLFR funds; and WHEREAS, the City Council of the City of Rialto finds that the City of Rialto employees are Essential Workers eligible for Premium Pay as defined in the guidance for use of the ARPA; and WHEREAS, on March 8, 2022, the City Council adopted Resolution No. 7847 adopting the ARPA Grant Programmatic Spending Plan in accordance with the Final Rule adopted by the US Treasury Department, and the City will be reporting its SLFR expenditures towards revenue loss and public safety recovery, thereby making the full amount of the SLFR funds available in the General Fund for the purposes and programs appropriated by the City Council; and WHEREAS, while many employers pivoted their work practices and found ways to have employees work from home, the COVID pandemic highlighted the importance of essential workers, including both full-time and part-time municipal government employees, in that during the COVID pandemic the City’s Departments remained open, and both full-time and part-time employees continued to provide essential services while being faced with new challenges and hazards that were not previously considered dangerous; and WHEREAS, on March 1, 2022, the California Department of Public Health (CDPH) relaxed indoor face mask requirements considering reduced COVID cases, and effective March 12, 2022, CDPH lifted the universal masking requirement for K-12 Schools and childcare settings; and WHEREAS, consistent with the essential worker premium pay allowed for in the Final Rule and CRG issued by the US Treasury Department, the City Council desires to recognize those City employees that provided important and essential public service during the COVID pandemic and to establish and approve a one-time lump sum $3,000 essential worker payment to those full-time and part-time City employees with at least 6 months of City service as of March 12, 2022, that are currently active and employed by the City at time of payment; and WHEREAS, the City Manager has met and conferred in good faith with the City’s various employee associations on the subject of the proposed essential worker payment, and the issuance of such payment is subject to approval of a Side Letter Agreement to the various Memoranda of Understanding with the employee associations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1. Recitals Correct. The foregoing recitals are true and correct, and incorporated herein by this reference.
Section 2. Establishment of One-Time Essential Worker Payment. The City Council hereby establishes and approves a one-time lump sum Essential Worker payment in the amount of $3,000 applicable to each full-time or part-time City employee with at least six (6) months of City service as of March 12, 2022, and that are currently active and employed by the City at the time of payment. The Essential Worker payment shall be considered a one-time non-pensionable compensation, subject to tax withholdings and the like.
Section 3. Essential Worker Payment Subject to Side Letter Agreement for Represented Employees. The City Manager is authorized to execute a Side Letter Agreement with each of the City’s employee associations relating to the issuance of the Essential Worker payment as defined in Section 2 to all eligible represented City employees. The Essential Worker payment shall be subject to approval by the respective employee associations by Side Letter Agreement and shall be paid on the second payroll following approval of the Side Letter Agreement.
Section 4. Essential Worker Payment for Unrepresented Employees. The Essential Worker payment as defined in Section 2 is hereby approved and authorized for those eligible unrepresented City employees considered Executive Management, Management Unrepresented, and part-time employees as identified pursuant to Section 2.50.060 of the Rialto Municipal Code, and by subsequent Resolution adopted by the City Council, and shall be paid on the second payroll following adoption of this Resolution. \\\\\
PASSED APPROVED AND ADOPTED this 14th day of June, 2022. _______________________________
Deborah Robertson, Mayor
ATTEST:
______________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
______________________________
ERIC VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No.____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 14th day of June, 2022.
Upon motion of Council Member ____________, seconded by Council Member ____________, the foregoing Resolution No. ____ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2022. ____________________________________
BARBARA McGEE, CITY CLERK
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