Cities Index.
2024-02-20 Regular

Santa Maria City Council
February 20, 2024

Document
2024-02-20 Regular
Meeting
February 20, 2024
Body
Santa Maria City Council
Pages
10
Original file
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Mayor Alice Patino
Mayor Pro-Tem Gloria Soto
Councilmember Mike Cordero
Councilmember Carlos Escobedo
Councilmember Maribel Aguilera-Hernandez

CITY COUNCIL AGENDA

CITY OF SANTA MARIA, CALIFORNIA

Tuesday, February 20, 2024
CLOSED SESSION - 4:30 P.M.

REGULAR SESSION - 5:30 P.M.

Oral Comments during the meeting:

In-person format. Attend the meeting in-person in the City Hall Council Chambers at 110 East Cook Street, Santa Maria, and submit a request to speak to the Clerk or City staff. •
Zoom Meeting Portal. Participate via Zoom to register to speak during the Public Comment portion of the meeting or on a particular Agenda Item. Use the Zoom link below or dial-in via telephone.
•
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Webinar ID #: 871 2248 5278
**Press *6 to un-mute your phone. Press *9 to raise your hand to speak.

Watch an instructional Video on Participating using Zoom.

Public Written Comments prior to the meeting (must be received by 2:00 p.m. in advance of the meeting*):

Email - Submit Comments via email to [email protected]. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting.
•
Mail - Delivered by the U.S. Postal Service. Address letters to the City Council, Attn.: City Clerk's Office at 110 East Cook Street, Santa Maria, CA 93454. Letters will not be read aloud during the meeting.
•
*All written correspondence will be distributed to Councilmembers and attached to the associated meeting agenda (under Public Comment or Agenda Item); however, submissions received after the deadline will not be processed until the following day.

How to watch the meeting from home:

Comcast Channel 23 - Live during the meeting, and rebroadcast on Thursday at 9:00 a.m. after the meeting and again on Tuesday at 5:30 p.m. the following week.

1. Live Webcast - Online from the Agenda Center & Meetings Portal (select meeting date) or at https://video.isilive.ca/santamaria/live.html . Note - When no meeting is streaming, the window

2. will read "Searching for live stream."
You Tube Live Stream - You Tube Webcast.

Note: Live Webcast and You Tube Live are typically available within 15 minutes before the start of the meeting. There is a delay of about 15-30 seconds with both the Live Webcast and You Tube Live Stream.

3. Zoom Meeting Portal - Registration is required (link above) even for observing the meeting.4.

American Disability Act Accommodations:

Any member of the public who needs accommodations should email the City Clerk’s Office at [email protected] or call 805-925-0951 x2306. The City Clerk’s Office will use its best efforts to provide reasonable accommodation by request at least 48 hours ahead of the meeting.

CLOSED SESSION

1.CALL TO ORDER
ROLL CALL: Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, Councilmember Soto, and Mayor Patino

2.PUBLIC COMMENT PERIOD
In-person oral comments will be accepted during this time. There is no Zoom participation available for the Closed Session Public Comment period. Written comments may be submitted per the instructions above.

3.RECESS-CLOSED SESSION
The City Council will immediately recess to a closed session for the following:

3.a Conference with Labor Negotiators, Pursuant to California Government Code §54957.6
Agency Representative: Interim City Manager Alex Posada, Interim Human Resources Officer Dawn Jackson, and Negotiations Team.

Employee Organizations: All bargaining units, unrepresented employees, managers, and executives.

3.b Public Employee Recruitment - City Manager, Pursuant to California Government Code4 §54956.8

4.RECONVENE TO OPEN SESSION
OPEN SESSION - 5:30 P.M.

5.INVOCATION

6.PLEDGE OF ALLEGIANCE

7.CALL TO ORDER
ROLL CALL: Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, Councilmember Soto, and Mayor Patino

8.REPORT BY THE CITY ATTORNEY FROM CLOSED SESSION

9.PUBLIC COMMENT PERIOD (Not to exceed 15 Minutes)

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The City Council values your input. Instructions are provided above (page 1) for communicating with the City Council. Individual speakers are limited to three minutes or as directed by the Mayor.

10.CONSENT CALENDAR
The following routine items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting. The Consent Calendar is approved by roll call vote with one motion. These items are discussed only on request of Councilmembers. Members of the public may speak on Consent Calendar items during the Public Comment Period.

SHOULD A COUNCILMEMBER WISH TO DISCUSS OR DISAPPROVE ANY ITEM, it must be dropped from the blanket motion of approval and considered as a separate item.

RECOMMENDATION:

Adopt the Consent Calendar as submitted.

10.a CITY MANAGER/CITY CLERK DEPARTMENT

10.a.1 Approve and Ratify the Tentative Agreement and Successor Memorandum of Understanding with the Service Employees International Union Local 620; Adoption of a Resolution Approving the CalPERS Comprehensive Schematic Pay Schedule
The City Council will consider approving the ratification and approval of the Tentative Agreement and Successor Memorandum of Understanding with the Service Employees International Union Local 620 and consider adopting a Resolution approving the Comprehensive Schematic Pay Schedule for all full- time and part-time employees in accordance with CalPERS guidelines.

RECOMMENDATION:
1) Approve and ratify the Tentative Agreement and Successor Memorandum of Understanding with the Service Employees International Union Local 620; and 2) Adopt a Resolution approving the Comprehensive Schematic Pay Schedule for all full-time and part-time employees in accordance with CalPERS guidelines.

10.a.2 Ordinances and Resolutions
RECOMMENDATION:

Waive the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Agenda will be adopted by the same vote cast at the first meeting, unless City Council indicates otherwise.

10.a.3 Approval of Minutes
RECOMMENDATION:

Approve the Minutes of the regular City Council meeting of February 6, 2024.

10.b FINANCE DEPARTMENT

10.b.1 Payment of Warrants
RECOMMENDATION:

Order ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Finance.

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10.b.2 Payment of Payroll
RECOMMENDATION:

Order ratified subject to having been certified by the proper Department Directors, as shown on records on file in the Department of Finance, and having been approved for payment by the Director of Finance.

10.c FIRE DEPARTMENT

10.c.1 Receive and File the 2023 Annual Fire Department Report The City Council will receive the 2023 Annual Fire Department Report.

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

10.c.2 Adoption of a Resolution Authorizing the Submission of an Application for a 2023 Assistance to Firefighters Grant for Personal Protective Equipment The City Council will consider authorizing the submission of an application to the Assistance to Firefighters Grants Program.

Environmental Notice:

The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

Adopt a Resolution authorizing the submission of an application to the Federal Emergency Management Agency for a 2023 Assistance to Firefighters Grant for personal protective equipment.

10.d PUBLIC WORKS DEPARTMENT

10.d.1 Adoption of a Resolution Awarding Bid No. 2023-23 to G. Sosa Construction Inc. for Phase II of The Veterans Memorial Park Improvements Project The City Council will consider approving the Award of Bid for the construction of Phase II of the Veterans Memorial Park Improvements Project, Bid No. 2023-23 to G. Sosa Construction, Inc. in the amount of $727,284.26. The scope of work for Phase II includes grading, landscaping, electrical improvements, pedestrian pathways, and playground installation.

Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 – Existing facilities (operation, repair, maintenance, leasing, etc.) of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility with negligible expansion of the existing uses.

RECOMMENDATION:

Adopt a Resolution awarding a bid to G. Sosa Construction, Inc., in the amount of $727,284.26, for the construction of Phase II of the Veterans Memorial Park Improvements Project, Bid No. 2023-23.

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10.d.2 Adoption of a Resolution Awarding Bid No. 2023-17 to V. Lopez Jr & Sons G.E.C., Inc. for the 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project
The City Council will consider approving the award of Bid No. 2023-17 for the construction of the 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project to V. Lopez Jr. & Sons G.E.C., Inc. The project work consists of improving the safety and accessibility of the existing pedestrian facilities network by focusing on areas where improvements are needed most all work necessary to render the facilities complete and operational.

Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 – Existing facilities (operation, repair, maintenance, leasing, etc.) of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility with negligible expansion of the existing uses.

RECOMMENDATION:

Adopt a Resolution awarding a bid to V. Lopez Jr & Sons G.E.C., Inc. in the amount of $1,942,704.25, for the construction of the 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project, Bid No. 2023-17.

10.e RECREATION & PARKS DEPARTMENT

10.e.1 Adoption of a Resolution to Approve Filing a Project Application to the California State Parks, Local Assistance Specified Grants-Capital for the Santa Maria Sports Complex
The City Council will consider approving the filing of Local Assistance Specified Grant Application for the Santa Maria Sports Complex.

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

Adopt a Resolution allowing the Recreation and Parks Department to file a project application to California State Parks, Local Assistance Specified Grants-Capital, for the Santa Maria Sports Complex.

10.e.2 Adoption of a Resolution Approving an Agreement with Santa Maria Joint Union High School District for Continued Operation and Use of District Pools The City Council will consider approving the Agreement with Santa Maria Joint Union High School District for Operation and Use of District Pools Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required
RECOMMENDATION:

Adopt a resolution approving the Agreement between the City of Santa Maria and the Santa Maria Joint Union High School District for the continued

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operation and use of District Pools.

11.REGULAR BUSINESS
ORDER OF PROCEEDINGS FOR REGULAR BUSINESS ITEMS:

Council Agenda Report to be given.

Questions from the City Council.

Written communications/Public input.

City Council discussion and action.

11.a Receive a Presentation of the Santa Maria Fire Department Long-Range Master Plan
City Council will receive a presentation of the Fire Department Master Plan.

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

11.b Adoption of a Resolution Approving an Amendment to a Professional Services Agreement with 2 Mexicans, LLC dba 2M Waste Solutions
The City Council will consider adopting a Resolution approving an Amendment to the Agreement for Professional Services with 2 Mexicans, LLC dba 2M Waste Solutions to extend services for three years.

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

Adopt a Resolution approving an Amendment to the Agreement for Professional Services with 2 Mexicans, LLC dba 2M Waste Solutions to extend the term by three years and allow up to another $250,000 to be spent on debris removal services over the extension of the contract.

11.c Review Second Quarter Financial Report Ending December 31, 2023; Adoption of a Resolution Approving Second Quarter Amendments to 2023-24 Budget for Proposed Personnel and Budget Adjustments; Adoption of a Resolution Approving the Updated Salary Schematic
The City Council will consider receiving the 2023-24 Second Quarter Financial Report and adoption of Resolutions approving amendments to 2023-24 budget.

RECOMMENDATION:
1) Receive and file the Financial Report for the Second Quarter ending December 31, 2023; 2) Adopt a Resolution approving Second Quarter amendments to the 2023-24 Budget for personnel and operational changes; and 3) Adopt a Resolution establishing the City of Santa Maria Administrative Leader, Program Leader, and Business Leader job classes, approving the corresponding job specifications for each, and approving the updated comprehensive salary schematic.

12.REPORT BY INTERIM CITY MANAGER

13.ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234

REPORTS)

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14.ADJOURNMENT

PLEASE NOTE:

The next regular meeting of the City Council will be held on March 5, 2024, at 5:30 p.m. The deadline for submitting items for the March 5th meeting is February 21st.

City Council Meetings are televised live on Comcast cable television channel 23 and are rebroadcast at 9:00 a.m. on the next Thursday and on the following Tuesday at 5:30 p.m.

Council Meeting videos are also available for viewing on the City’s website. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice.

If you challenge a determination made on a matter on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on this agenda, or in written correspondence to the city council at, or prior to, the public hearing.

CITY COUNCIL MEETING INFORMATION AND PROCESS:

This agenda is prepared and posted pursuant to Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the summary description of each item, the action that may be taken by the City Council shall include: a referral to staff with specific requests for information; continuance; specific direction to staff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and disapproval. Items not on the agenda may not be discussed or acted upon except under emergency circumstances. (Government Code Section 54954.2).

Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk and available for public inspection during City Hall business hours the Friday before the meeting. Any written correspondence or documents provided to a majority of the City Council after distribution of the Agenda will also be available for public inspection in the Office of the City Clerk. If requested, the agenda and supporting documents shall be made available in alternative formats to persons with a disability. The City Clerk’s Office will answer any questions regarding the agenda.

Materials related to an item on this agenda submitted after distribution of the agenda packet will also be available with the agenda material for public inspection during normal business hours in the City Clerk’s Office, 110 E. Cook Street, Santa Maria. Subject to the ability to post the documents prior to the meeting, such documents will also be available on the City’s m e e t i n g s w e b s i t e p o r t a l f o r t h e c u r r e n t C i t y C o u n c i l m e e t i n g a t https://cityofsantamaria.org/meetings .

The City of Santa Maria welcomes orderly participation at its meetings from all members of the public. Orderly participation means speaking only on items of City business or on subjects within the City’s control. Though the City Council wants to hear your concerns and values your input, it is inappropriate to defame, yell, use profane language, interrupt, or disrupt the meeting. All cellular telephones are to be turned off or set to vibrate, and signs are not to be displayed in a manner that violates the rights of others or prevents others from watching or fully participating in the Council meeting. Pursuant to Government Code Section

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36813, the Mayor is authorized to prohibit such conduct, up to and including ordering anyone that disrupts the meeting to be removed from the City Council Chambers.

To receive reasonable accommodation under the Americans with Disabilities Act during the meeting, please notify the City Clerk’s office of your needs during business hours at least 48 hours in advance of the meeting (typically before 3 p.m. on the Thursday before the meeting). The Office of the City Clerk is located at 110 East Cook Street in Santa Maria; telephone (805) 925-0951, extension 2306. The City will give primary consideration to your request in providing assistance. Examples of assistance may include exhibits in large-sized format, use of assisted listening equipment, use of the California Relay Service, texting by cellular phone, or the services of a live interpreter.

Assisted listening equipment can also be used for interpretation by Spanish-only speaking persons. To allow the City to coordinate and request a Spanish interpreter from the volunteer corps, contact the Office of the City Clerk by 1:00 p.m. on Monday before the meeting.

Equipo también puede ser utilizado para la asistencia de interpretación para esas personas que solamente hablan español. Para permitirle a la Ciudad que coordine y solicite un interprete de un grupo de voluntarios, llame al (805) 925-0951 extensión 2307 a la 1:00 de la tarde el lunes antes de la junta.

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FOR THE COUNCIL MEETING OF FEBRUARY 20, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Interim City Manager Alex Posada

BY: Interim Chief Human Resources Officer Dawn Jackson

SUBJECT: Approve and Ratify the Tentative Agreement and Successor Memorandum of Understanding with the Service Employees
International Union Local 620; Adoption of a Resolution Approving the CalPERS Comprehensive Schematic Pay Schedule

Description:

The City Council will consider approving the ratification and approval of the Tentative Agreement and Successor Memorandum of Understanding with the Service Employees International Union Local 620 and consider adopting a Resolution approving the Comprehensive Schematic Pay Schedule for all full-time and part-time employees in accordance with CalPERS guidelines.

RECOMMENDATION:
1) Approve and ratify the Tentative Agreement and Successor Memorandum of Understanding with the Service Employees International Union Local 620; and 2) Adopt a Resolution approving the Comprehensive Schematic Pay Schedule for all full-time and part-time employees in accordance with CalPERS guidelines.

BACKGROUND:

City staff has met with Service Employees International Union Local 620 (SEIU) to negotiate a reasonable successor Memorandum of Understanding (MOU). The State and local economic climate, retention, and lateral attraction efforts were discussed in addition to the rise in inflation and the effects on the City as a whole. Having met and conferred in good faith, pursuant to City Council direction, staff successfully negotiated a two -year tentative agreement with SEIU upon ratification by City Council from January 1, 2024 , through December 31, 2025.

The updated Comprehensive Schematic Pay Schedule (“Schedule”) for all full-time and part-time employees in accordance with CalPERS guidelines reflects the M OU and Resolution of salary increases.

DISCUSSION:

A recommendation to ratify and approve the tentative agreement (Attachment A) and the successor MOU (Attachment B) with SEIU. The attached negotiated package calls for a

2 two-year term with a total ten percent base salary increase for all members; an increase to health insurance; and other minimal changes.

A Schedule for the City of Santa Maria is created and presented in accordance with CalPERS regulations intended to ensure consistency when reporting compensation for City employees. The Public Employees’ Retirement Law (PERL) Government Code Section 20636(b)(1) requires pay amounts to be paid pursuant to publicly available pay schedules. The Schedule includes pay rate information for all full-time and part-time employees. The Schedule enhances the disclosure and transparency of public employee compensation by requiring that the pay rates be listed on a single -pay schedule as per CalPERS’ requirements.

CalPERS requires whenever there are changes to one or more pay rates, whether through the meet-and-confer process, employment contracts, new classifications, reclassifications, etc., the City is required to update the Schedule and present it to the City Council for review and approval. Any updates will include an effective date and date of any revisions and are to be retained by the City and available for public inspection for not less than five years. The Schedule (Attachment C) incorporates these changes and previously authorized positions. Upon adoption of the Resolution by the City Council, the Schedule will be posted on the City of Santa Maria’s website.

Alternative(s)
A decision by the City Council not to approve the ratification of the successor MOU for SEIU will result in a continuation of negotiations for a successor MOU. In addition, the decision by the City Council not to approve the Schedule would result in being out of compliance with CalPERS.

Fiscal Considerations
The attached successor MOU (Attachment B) and wage and benefits package calls for a net increase to total compensation of approximately $4,090,500 over two years for SEIU members.

Impact to the Community
Overall, City services will continue to be provided by City employees with no decrease in the level of service to the public. Instead, it is expected that there will be a positive impact and increase to current service levels to the public achieved by attraction a nd retention of talent management; increased employee job satisfaction; and increased performance to serve the community. The requested schedule change will enhance service to the community and maintain compliance with CalPERS.

ATTACHMENTS
A – Tentative Agreement SEIU 2.9.24
B – Successor MOU SEIU 2024-26
C – FT_PT_LS_ Salary Schematic

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA APPROVING AND ADOPTING A

COMPREHENSIVE SALARY SCHEMATIC SCHEDULE FOR ALL FULL-

TIME AND PART-TIME EMPLOYEES IN ACCORDANCE WITH

CALPERS GUIDELINES

WHEREAS, the California Public Employees’ Retirement System (“CalPERS”) limits “compensation earnable” for retirement purposes to amounts listed on a Comprehensive Schematic Salary Schedule meeting requirements set forth in section 570.5 of Title 2 of the California Code of Regulations, including that government agency employers provide and make available to the public the salary of all full-time and part- time employees in a single salary format specified by CalPERS; and

WHEREAS, the City has compiled the necessary sa lary data to create a single salary schedule in compliance with the requirements of CalPERS, attached to the City Council Agenda Report as Attachment C, dated February 20, 2024; and

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The proposed Tentative Agreement and Successor Memorandum of Understanding with the Service Employees International Union Local 620 (SEIU) is incorporated herein by reference, is hereby authorized and approved; and

2. The salary adjustments, incorporated herein by reference, are hereby authorized and approved; and

3. It is hereby directed that all changes provided by the Successor Memorandum of Understanding with the Service Employees International Union Local 620 (SEIU) shall be carried out and is effective herewith in the manner provided therein; and

4. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 20th day of February 2024.

ATTEST:

Mayor

Chief Deputy City Clerk

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

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SEIU Local 620
City of Santa Maria
SEIU 6th Tentative Agreement
February 9, 2024

MOU SECTION SEIU PROPOSAL

2.3.1 Term
TA 1/10/24
This term of this MOU shall be effective upon ratification by City Council through 12:00 Midnight of December 31, 2023 2025.

3.1 Salaries TA- by SEIU
Membership Vote on
2/9/24

3.1.2 Effective at the beginning of the first full payroll period following ratification of this Memorandum of Understanding (MOU) by the City Council, a base salary increase of three percent (3.0%) five percent (5%) of the employee’s base salary will be given to those unit members in the employ of the City. If this agreement is ratified and adopted by the City Council by February 20, 2024 this increase shall be effective the first full pay period containing January 1, 2024.

3.1.3 Effective the first full pay period following December 31, 2022, containing January 1, 2025, a base salary increase of five percent (5%) of the employee’s base salary will be given to those unit members in the employ of the City.

3.2 Equity Adjustments
TA 1/10/24

3.2.1 The City and SEIU Local 620 are willing to discuss the topic of equity adjustment during regular labor management meetings. In the event the parties are unable to reach an agreement regarding equity adjustments, SEIU retains the ability to request impasse procedures, including fact-finding.

For 2024 and 2025 the Parties specifically agree to the following process (to start no later than March 1 of the respective year), to review potential equity adjustments:

At the Union’s request the City will review the salary placement of up to five (5) represented classifications (not including ripple classifications) that meet one or more of the following criteria:
i.Significant turnover
ii.Difficulty recruiting
iii.Internal misalignment with classification(s) with similar responsibilities or duties;
iv.Range or salary compaction; and/or
v.External misalignment with classification(s) with similar responsibilities or duties within agreed to comparable
jurisdictions
Requests for review will include the following information:
i.Class(es) to be studied:

ATTACHMENT A

Page | 2

ii. Which criteria set forth above are applicable;
iii. Supporting data that justifies the request;
iv. Any known or anticipated compaction or “ripple effects” created by an adjustment
v. Percentage increase proposed; and
vi. Estimated cost of salary adjustment requested (including any known benefit cost adjustments).

3.3.3 SEIU rescinded

Full-Time Bilingual Pay-SEIU rescinds our proposal- 12/5/23

3.3.4 SEIU rescinded

Part-Time Bilingual Pay - SEIU rescinds our proposal- 12/15/23

3.4.1 SEIU rescinded

Longevity Pay SEIU rescinds our proposal- 12/27/23

3.9.2 SEIU rescinded

Standby SEIU rescinds our proposal- 12/5/23

3.13.2.1 Full-Time
Holidays
TA 12/27/23
Employees will be eligible to receive, on a pro-rated basis (rounded to the nearest half-hour), six (6) additional days (forty eight [48] hours) of floating holiday time…

3.13.3.1 Part-Time
Holidays
TA 12/27/23
Employees will be eligible to receive, on a pro-rated basis (rounded to the nearest half-hour), thirty-eight (38) hours of floating holiday time…

3.15.4 SEIU rescinded

Break Periods - Split Shift SEIU rescinds our proposal- 12/15/23

3.19.1.2 Weekday
Shift Differential
TA 12/27/23
Employees will be granted a five percent (5%) hourly differential over and above their hourly rate for all hours worked by an employee when a majority of their regularly schedule shift hours occur before 8:00 am or after 5:00 pm. an eight or more-hour shift if the majority of the shift in which they actually work (four or more hours) falls between the hours of 5:00 p.m. and 8:00 a.m.

3.19.1.4 SEIU rescinded Weekday Shift Differential (continued) SEIU rescinds our proposal- 12/15/23

3.19.2.3 SEIU rescinded

Weekend Shift Differential SEIU rescinds our proposal- 12/5/23

3.20.7 Education Incentive
Pay- Commercial
Driver’s License
TA 12/8/23
Employees who are assigned to obtain and maintain a Class B or A license for the operation of specialized equipment that is routinely and customarily utilized in the exercise of their job duties will receive a two and half percent (2.5%) certification pay.

3.29.3 SEIU rescinded Part-Time Personal Leave SEIU rescinds our proposal- 12/5/23

3.29.6 SEIU rescinded

Part-Time Family Illness SEIU rescinds our proposal- 1/10/24

3.30.2 SEIU rescinded

Vacation Accrual SEIU rescinds our proposal- 12/5/23

3.30.4 SEIU rescinded Full-Time Vacation SEIU rescinds our proposal- 12/5/23

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3.31.9 Bereavement Leave
TA 12/8/23
Up to five days (40 hours) per incident may be used for family bereavement leave charged to sick leave. Employees shall be able to utilize any and all accrued leave banks for bereavement leave. The term “family” in this subsection shall be defined as anyone related to the employee by blood, marriage, or by law within the third degree of consanguinity.

The above referenced bereavement leave will also apply to leave for a reproductive loss event, defined as a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. If an employee experiences more than one reproductive loss event within a 12- month period, the employer is not obligated to grant a total amount of reproductive loss leave time in excess of 20 days within a 12-month period.

3.31.10 SEIU rescinded

Full-Time Family Illness SEIU rescinds our proposal- 1/10/24

4.1.7 SEIU rescinded

PERs Safety Retirement Calculation SEIU rescinds our proposal- 12/5/23

4.2.1 SEIU rescinded

Deferred Compensation SEIU rescinds our proposal- 12/5/23

5.1.1.4 Full-Time
Medical PEMHCA
TA 12/8/23
Update the current MEC
…For 2022 2024, the MEC is $149 $157 per month

5.1.1.5 Full-Time
Insurance
Contribution
TA 12/8/23
In addition to the above stated Minimum Employer Contribution, effective after ratification by the City Council the payroll period in which deductions are made for the January 2024 medical premium rates, the City shall provide a pro-rated monthly optional medical insurance contribution regardless of the medical plan chosen, up to the amounts listed below at the times stated:

Employee Only $617.96
Employee plus one $1158.03
Employee plus two $1511.59

Employee Only $642.44
Employee plus one $1441.88
Employee plus two $1908.24

5.1.1.6 Full-Time Insurance
Contribution
(Continued)
TA 12/8/23
Effective the payroll period in which deductions are made for the January 2025 medical premium rates, the City shall increase its contributions to cover the increase in the cost for CalPERS Gold (all three tier levels) for the 2025 calendar year only.

5.1.1.7 SEIU rescinded

Full-Time Insurance Contribution Cash-In-Lieu SEIU rescinds our proposal- 12/5/23

5.1.2.2 Update the current MEC

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Part-Time
Medical PEMHCA
TA 12/8/23
…For 2022 2024 the MEC is $149 $157 per month.

5.1.2.3 Part-Time
Insurance
Contribution
TA 12/15/23- but
need “MEC language”
included that is in the
current MOU
In addition to the above stated Minimum Employer contribution, following the first full pay period after ratification and adoption by the City Council effective the payroll period in which deductions are made for the January 2024 medical premium rates, the City shall provide a pro-rated monthly optional health insurance contribution of $617.96 per month regardless of the medical plan chosen, up to the amounts listed below:

Employee Only $642.44
Employee plus one $705.56
Employee plus two $775.23

5.1.2.3.1 Part-Time
Insurance
Contribution
(Continued)
TA 12/15/23
Following the first full pay period after January 1, 2023, the City shall provide a pro-rated monthly optional health insurance contribution regardless of the medical plan chosen, up to the amounts listed below:

Employee Only $633.40
Employee plus one $696.74
Employee plus two $766.41
Effective the payroll period in which deductions are made for the January 2025 medical premium rates, the City shall increase its contributions to cover the increase in the cost for CalPERS Gold employee only, and apply that increased amount to the other two tiers for the 2025 calendar year only. For example, if employee only increases $25.00, the City will increase the contribution amounts above for employee plus one and employee plus two by $25.00 each.

5.1.2.4 SEIU rescinded Part-Time Insurance Contribution Cash-In-Lieu - SEIU rescinds our proposal- 12/5/23

5.1.4 Dental Insurance
TA 1/10/24
The City will pay the full cost of the monthly dental premium for full-time (FT) and part-time (PT32) employee only coverage. For full-time employees only, the City will pay fifty percent (50%) of the cost for family coverage. Part-time (PT 32) employees will be eligible to participate in the family coverage program and shall pay the difference between the cost of premium between employee only and family coverage. Part-time (PT32) employees will be eligible to participate in the program and shall pay the entire premium themselves.

5.2.1.6 Short Term Disability-
TA 1/10/24
Employees shall participate in the City’s Short-Term and Long-Term Disability (LTD) and shall pay the premium on the first $3000 of monthly salary. The City shall be responsible for paying the premium on salary in excess of $3000 per

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month. The City and SEIU agree to meet no later than January 15, 2024 to evaluate supplementing the City’s short-term disability insurance. In the event that an agreement on supplemental short-term disability insurance cannot be reached by March 1, 2024, the City shall initiate the process for allowing SEIU members to opt in to the State of California State Disability Insurance (SDI) program. As part of these discussions, the City will evaluate the amount of sick leave which will be allowed for the care of a family member on a related leave of absence.

5.2.1.8 SEIU rescinded

Long Term Disability SEIU rescinds our proposal- 1/10/24

5.3.1 SEIU rescinded Post-Employment Health Plan SEIU rescinds our proposal- 12/15/23

5.3.1 SEIU rescinded

Post-Employment Health Plan (Continued) SEIU rescinds our proposal- 12/15/23

5.3.3 SEIU rescinded

Post-Employment Health Plan (Continued) SEIU rescinds our proposal- 12/15/23

7.11.2 SEIU rescinded

Union Business SEIU rescinds our proposal- 1/10/24

7.11.3 Union Business- New
Hire Orientations
TA 12/8/23
The City agrees to allow Union Staff and/or Union Stewards and new employees up to fifteen thirty minutes on paid City time to meet within the first week of the new hire’s employment to discuss union membership.

7.13.1.3 Work Footwear
TA 12/27/23
The City agrees to reimburse employees required to wear appropriate footwear, as defined in this section, for the replacement cost or re-soling of one pair of work boots within 60 days of incurring cost, up to a maximum of $160 $250 per calendar year.

7.13.1.3.1 Work Footwear
(Continued)
TA 12/27/23
… the City agrees to reimburse these employees for a second pair of boots up to a maximum of $160 $250 per calendar year.

7.13.1.5 Work Footwear
(Continued)
TA 12/8/23
Include any newly created positions as appropriate
• Security Guard
• Public Works Technician I/II- added 12/27/23

7.22.1 Maintenance of
Membership
TA 12/8/23
… Employees who are members of the Union on the effective date of any new contract or join the Union during the term of the contract, must remail members for the entire term of the contract subject to the right to withdraw their membership only during the first payroll beginning in October before contract expiration retain the right to withdraw their membership only during the first payroll period beginning in October annually.

7.23.1 Labor/Management
Committee
It is mutually agreed to begin discussions regarding the Police Records Division, the salary survey procedure (to include survey agencies, positions, and step “E”), a potential holiday closure and certificated for Water Systems Operators

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TA 1/10/24 and regarding the Haz-Mat and Tanker endorsements withing 120 days after ratification of this MOU.

The City and SEIU agree to meet in a joint Labor/Management Committee on as as-needed basis as mutually agreed by the City and SEIU to discuss issues of mutual importance, including but not limited to:
• CalPERS compliance and clean up language
• Supplemental short-term disability insurance or SDI membership • Equity adjustments, and
• Split Shifts

SEIU rescinded New Section Regarding AB 1484 SEIU rescinds our proposal- 1/10/24

i
12281621.1 SA550-076 ATTACHMENT B
MEMORANDUM OF UNDERSTANDING FOR CY 2024-2026

FULL & PART-TIME GENERAL EMPLOYEES

TABLE OF CONTENTS
ARTICLE I. DEFINITIONS .............................................................................................................................................. 1 SECTION 1.01 DEFINITIONS ........................................................................................................................................... 1-2 ARTICLE II. RECOGNITION AND IMPLEMENTATION .................................................................................................... 3 SECTION 2.01 RECOGNITION ............................................................................................................................................. 3 SECTION 2.02 IMPLEMENTATION ....................................................................................................................................... 3 SECTION 2.03 TERM ......................................................................................................................................................... 3 SECTION 2.04 PAYROLL DEDUCTION ................................................................................................................................. 3 SECTION 2.05 FULL UNDERSTANDING ............................................................................................................................... 3 SECTION 2.06 W AIVER OF APPEAL .................................................................................................................................... 4 SECTION 2.07 CURRENT CHANGES IN TERMS AND CONDITIONS ......................................................................................... 4 SECTION 2.08 FUTURE CHANGES IN TERMS AND CONDITIONS ............................................................................................ 4 ARTICLE III. EMPLOYMENT PROVISIONS ........................................................................................................................ 5 SECTION 3.01 PROBATION ............................................................................................................................................... 5 SECTION 3.02 BREAK PERIODS ......................................................................................................................................... 6 SECTION 3.03 LUNCH PERIOD .......................................................................................................................................... 6 SECTION 3.04 CLEAN UP TIME.......................................................................................................................................... 6 SECTION 3.05 ALTERNATIVE WORKWEEK ......................................................................................................................... 7 SECTION 3.06 LAYOFF PROCEDURE .................................................................................................................................. 7 ARTICLE IV. COMPENSATION ........................................................................................................................................ 13 SECTION 4.01 SALARIES ................................................................................................................................................ 13 SECTION 4.02 EQUITY ADJUSTMENTS ............................................................................................................................. 13 SECTION 4.03 OVERTIME................................................................................................................................................ 14 SECTION 4.04 CONVERSION OF COMPENSATORY TIME .................................................................................................... 14 SECTION 4.05 STANDBY ................................................................................................................................................. 15 SECTION 4.06 EMERGENCY WORK RESPONSE ................................................................................................................ 16 SECTION 4.07 ON CALL OR CALL BACK TIME .................................................................................................................. 16 SECTION 4.08 SHIFT DIFFERENTIAL ................................................................................................................................ 17 SECTION 4.09 BILINGUAL PAY ........................................................................................................................................ 18 SECTION 4.10 LONGEVITY PAY ....................................................................................................................................... 19 SECTION 4.11 MOVE-UP PAY ......................................................................................................................................... 19 SECTION 4.12 CERTIFICATIONS/LICENSING...................................................................................................................... 20 SECTION 4.13 EDUCATIONAL INCENTIVE PAY ................................................................................................................... 20 SECTION 4.14 EDUCATIONAL TUITION REIMBURSEMENT................................................................................................... 22 SECTION 4.15 PAYROLL STEP PLAN ............................................................................................................................... 22 SECTION 4.16 "Y" RATE ................................................................................................................................................. 23 SECTION 4.17 PAYROLL AND PAY PERIOD ....................................................................................................................... 23 ARTICLE V. LEAVES – PAID AND UNPAID ................................................................................................................... 24 SECTION 5.01 HOLIDAYS ................................................................................................................................................ 24 SECTION 5.02 CLOSING OF CITY OFFICES ....................................................................................................................... 25 SECTION 5.03 VACATIONS .............................................................................................................................................. 25 SECTION 5.04 CONSTRUCTIVE RECEIPT .......................................................................................................................... 26 SECTION 5.05 SICK LEAVE ............................................................................................................................................. 27 SECTION 5.06 UNAUTHORIZED ABSENCE - AUTOMATIC TERMINATION .............................................................................. 28 SECTION 5.07 PERSONAL LEAVE .................................................................................................................................... 29 ARTICLE VI. RETIREMENT .............................................................................................................................................. 30 SECTION 6.01 RETIREMENT ............................................................................................................................................ 30

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SECTION 6.02 DEFERRED COMPENSATION ...................................................................................................................... 31 ARTICLE VII. INSURANCE ............................................................................................................................................... 32 SECTION 7.01 MEDICAL, DENTAL, AND OPTICAL INSURANCE ........................................................................................... 32 SECTION 7.02 LIFE AND DISABILITY INSURANCE ............................................................................................................... 34 SECTION 7.03 POST-EMPLOYMENT HEALTH PLAN .......................................................................................................... 36 ARTICLE VIII. UNIFORMS AND EQUIPMENT .................................................................................................................. 37 SECTION 8.01 UNIFORMS AND EQUIPMENT; IMPROPER USE ............................................................................................. 37 SECTION 8.02 UNIFORM ALLOWANCE ............................................................................................................................. 37 SECTION 8.03 TOOL REPLACEMENT ................................................................................................................................ 39 SECTION 8.04 WORK FOOTWEAR ................................................................................................................................... 39 ARTICLE IX. GRIEVANCES ........................................................................................................................................ 42 SECTION 9.09 GRIEVANCES ............................................................................................................................................ 42 ARTICLE X. SPECIAL PROVISIONS ............................................................................................................................... 44 SECTION 10.01 PERSONNEL FILES .................................................................................................................................... 44 SECTION 10.02 MANAGEMENT PERSONNEL ....................................................................................................................... 44 SECTION 10.03 SAFETY ................................................................................................................................................... 44 SECTION 10.04 CHANGING EMPLOYEE REPRESENTATION GROUPS .................................................................................... 44 SECTION 10.05 SLOW DOWN, W ORK STOPPAGE OR STRIKE .............................................................................................. 44 SECTION 10.06 MANAGEMENT RIGHTS AND RESPONSIBILITIES ........................................................................................... 45 SECTION 10.07 UNION INFORMATION ................................................................................................................................ 46 SECTION 10.08 UNION BUSINESS ..................................................................................................................................... 46 SECTION 10.09 SALARY SURVEY PROCEDURE .................................................................................................................. 47 SECTION 10.10 PRIOR AND EXISTING CONDITIONS ............................................................................................................ 47 SECTION 10.11 PRE-EMPTIVE LAWS ................................................................................................................................. 47 SECTION 10.12 USE OF EMPLOYEE BENEFITS ................................................................................................................... 47 SECTION 10.13 INVESTIGATION TIMEFRAME ...................................................................................................................... 47 SECTION 10.14 W ORKING WITH CHEMICALS ...................................................................................................................... 48 SECTION 10.15 RELEASE NOTICES FOR NEGOTIATIONS ..................................................................................................... 48 SECTION 10.16 AMERICANS WITH DISABILITIES ACT (ADA) ................................................................................................ 48 SECTION 10.17 M AINTENANCE OF MEMBERSHIP ............................................................................................................... 48 SECTION 10.18 LABOR/MANAGEMENT COMMITTEE ............................................................................................................ 48

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ARTICLE I. DEFINITIONS
Section 1.01 Definitions
(See City Code Sec. 2-20.01)

As used in this document, the following terms shall have the meaning indicated:

A. AFFORDABLE CARE ACT (ACA) – Full time employee – For purposes of the Affordable Care Act only, full-time shall be defined as those employees regularly scheduled to work 30 hours per week over the measurement period.
(MOU 12-17-13)

B. CITY means the City of Santa Maria, a municipal corporation, and where appropriate herein, according to the content, "City" refers to the City Council, the governing body of said City.

C. CITY MANAGER means the City Manager of the City of Santa Maria or his/her designated representative.

D. COUNCIL means the City Council, the governing body of the City of Santa Maria.

E. DAY means unless otherwise indicated, an eight (8) hour workday. (FT-MOU 12-25-04)

F. EMPLOYEE means all budgeted 32 hour per week part-time (PT32) and 40 hour per week full-time (FT) City of Santa Maria personnel except those covered by the police, fire, non-represented management group or limited-service salary groups all of whom are identified in the City's resolution regarding employer-employee relations.
(MOU 02-07-17)

G. EMPLOYEES' UNION means the Service Employees International Union (SEIU) LOCAL 620, AFL - CIO - CLC.

H. GRIEVANCE except as otherwise excluded, a “grievance” is a written allegation by an employee, claiming violation(s) of the specific express terms of the MOU or written rule or regulation for which there is no other specific method of review provided by City law.

I. GRIEVANT a grievant is an employee or group of employees claiming to be adversely affected by an act or omission of the employer or the union.

J. MANAGEMENT means the City Manager and/or his/her assistants and the department heads of the City of Santa Maria.

K. MANAGEMENT PERSONNEL – see Sec. 10.02 of this document.

L. MANAGEMENT REPRESENTATIVES means the City Manager of the City of Santa Maria and/or those to whom s/he has delegated the duties and responsibilities set forth in the City Council's resolution regarding employer-employee relations.

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M. MEMORANDUM means the currently effective provisions of any Memorandum of Understanding made and entered into by and between the City of Santa Maria and the majority representative of all City personnel except those covered by the police, fire, management , or limited-service areas, all of whom are identified in the City's resolution regarding employer-employee relations. (MOU 02-07-17)

N. REGULAR means an appointment to a full-time or part-time position after satisfactory completion of a probationary period.

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ARTICLE II. RECOGNITION AND IMPLEMENTATION
Section 2.01 Recognition
Pursuant to appropriate sections of the City's Employer-Employee Resolution and Article 10, Division 4 of the California Government Code (Section 3500 et seq.), the City recognizes SEIU Local 620 as the majority representative of all City employees in the General Employee Bargaining Unit, which includes all part-time (PT32) and full-time (FT) employees.

Section 2.02 Implementation
A. This memorandum constitutes a mutual recommendation to be jointly submitted to the Council. It is agreed that this memorandum shall not be binding upon the parties either in whole or in part, unless and until the Council:

1. Acts, by majority vote, formally to approve the memorandum; and

2. Enacts amendments to all City ordinances required to implement the provisions set forth.

Section 2.03 Term
This term of this MOU shall be effective upon ratification by City Council through 12:00 Midnight on December 31, 2025. All payroll-related activities, not otherwise defined in this MOU, shall remain on a payroll-year basis.
(MOU 02-07-24)
Section 2.04 Payroll Deduction
A. It is understood and agreed that SEIU has the right to payroll deduction of membership dues and insurance premiums, pursuant to Articles 7 and 10 of this MOU. Such deductions shall be made bi- weekly and forwarded to the SEIU office. SEIU agrees to hold the City of Santa Maria harmless against any and all claims, demands, suits and other forms of liability that may arise out of or by reason of the actions taken by the City of Santa Maria in connection with the deduction of due s and insurance premiums or coverage.
(FT-MOU 12-25-04)
B. The union hereby certifies that its present amount of membership dues has been fixed pursuant to the constitution and by-laws of the union. In the event that the amount of its dues is hereafter changed, such change shall be provided in writing to the City thirty (30) days prior to any change in dues deductions with the proper authorization for the dues increase. (FT-MOU 01-01-82)
Section 2.05 Full Understanding
SEIU and the City agree that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter within the scope of bargaining and that this present document represents the full and complete

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12281621.1 SA550-076

understanding and agreement of the parties on terms and conditions of employment specifically addressed herein.
(FT-MOU 01-01-82)
Section 2.06 Waiver of Appeal
It is understood and agreed that the waiver of appeal of any breach of any term or condition of employment, by either party, shall not constitute a precedent in the future enforcement of all its terms and provisions.
(FT-MOU 01-01-82)
Section 2.07 Current Changes in Terms and Conditions
It is understood and the parties agree that the only changes in terms and conditions of employment intended at this time are those specifically provided herein. (FT-MOU 01-01-82)
Section 2.08 Future Changes in Terms and Conditions
It is understood and the parties agree that for the term of this agreement, changes in terms and conditions of employment specifically referenced herein may be accomplished only through the "Meet and Confer" process and by mutual consent of the parties . Changes in other terms and conditions of employment may be accomplished otherwise as provided by law as defined in Section 3505 of the California Government Code.
(FT-MOU 01-01-82)

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ARTICLE III. EMPLOYMENT PROVISIONS
Section 3.01 Probation
(See City Code Sec. 2-20.10.2)
A. New Probation is defined as a new or re-employed employee in both full-time and part-time classifications shall be placed on probation for twenty-six (26) completed pay periods from the date of employment.
(MOU 05-21-19)
B. Promotional Probation is defined as a full-time and part-time employee shall be placed on promotional probation for thirteen (13) completed pay periods from the date of promotion with the exception of promotions to classifications that require specific certification(s). (MOU 05-21-19)
C. Upon promotion to a classification requiring a specific certification(s) as a minimum requirement, a full-time employee shall be placed on an initial twenty-six (26) completed pay period promotional probation if said employee does not possess the required certif ication but meets and maintains all other minimum requirements. After promotion, the department head shall grant completion of probation and advancement to regular status prior to the end of the twenty-six (26) completed pay period promotional probationary period, under the following conditions:
(MOU 05-21-19)

1. The employee has maintained an overall satisfactory level of performance; and

2. A minimum of thirteen (13) completed pay periods of promotional probation has been served; and
(MOU 04-03-18)

3. The City has received written official confirmation that the required certificate(s) have been obtained.
(FT-MOU 12-15-01)
D. Full-Time (FT) employees who do not successfully complete their promotional probationary period for reasons not related to discipline, may be re assigned (demotion) to a vacancy in a lower classification for which they are fully qualified. They shall be placed at the same step of their former appointment, prior to promotion. If they have not held regular status in said specific classification (not a classification series), then a new thirteen (13) completed pay period probationary period shall be completed.
(MOU 04-03-18)
E. The City is committed to seeking a reassignment for said full-time employee, however, in the event no vacancy exists for which th e employee qualifies, the employee shall be placed on a re - employment list for a period of one year from the date of separation, for the classification they held prior to promotion. Vacant positions in such classifications will be offered to eligibles on t he re- employment list that qualify for such vacancies prior to an open or promotional recruitment.

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Section 3.02 Break Periods
(See CAM 1976-2)
A. Field employees shall not use City vehicles unless herein provided to leave the work site during breaks and lunch periods. City vehicles shall not be used at any time for personal transportation except when restroom facilities are not at the work site and the employees need their use. A City vehicle may be used by one employee to go to a food establishment to pick u p and take out food during breaks and lunch only with the approval of the supervisor.

B. Field employees are defined as those persons within the Divisions of Parks, Building Maintenance, Engineering (survey crews and inspectors), Streets, Solid Waste, and Wat er Resources who normally perform work functions out in the field and are covered by the unpaid 30 -minute lunch period.
(MOU 04-03-18)
C. Employees working shift work shall be provided the appropriate number of breaks for extended shifts: four additional hours of extended shift work shall entitle an employee to one additional 15 - minute break; six additional hours of extended shift work shall entitle an employee to the break described above and employee’s normal length unpaid lunch period; and eight additional hours of extended shift work shall entitle an employee to the breaks described above and a second 15 - minute break. In emergency situations, management reserves the right to require on -duty personnel to return to duty assignments from break periods.

D. There shall be two fifteen-minute break periods per regular eight-hour shift. Insofar as practicable, the fifteen-minute period shall commence in the middle of each four-hour work period and shall begin when work stops at the work site and work shall begin fif teen minutes later at the work site.

For work periods more than five hours in a day but less than eight hours in a day, there shall be one fifteen-minute break in addition to the unpaid meal period and shall begin when work stops at the work site and work shall begin fifteen minutes later at the work site. (MOU 02-07-17)
Section 3.03 Lunch Period
(See CAM 1976-2)
A. The duration of the lunch period shall be when work stops at the work site and ends when work resumes at the work site.

B. A one-hour, non-compensated meal period will be provided to all employees. At the discretion of the Department Director, and agreed to by the employee, a minimum thirty-minute meal period may be implemented. Insofar as practicable, the meal period shall commence in th e middle of each workday.
(Side Letter 10-22-19)
Section 3.04 Clean Up Time
Clean up time for personal appearance shall be done after the regular work schedule on the employee's own time.
(FT-MOU 01-01-72)

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(MOU 12-20-11)
Section 3.05 Alternative Workweek
(See CAM 2018-01)
This section shall not be applicable to part-time (PT32) employees.

A. Effective June 23, 2018, the City agrees to extend the 9/80 alternative workweek to all full-time City personnel at the discretion of the Department Director. However, s hould adequate coverage or staffing become an issue in these above areas, the City retains the right to discontinue the alternative work schedule upon notice to the union.
(MOU 04-03-18)
B. If coverage becomes an issue, in an effort to keep current hours of operation consistent, employees’ work schedules will be adjusted to continue current hours of operation. This will be done in reverse seniority issue.
(MOU 05-21-19)
C. The City also agrees to extend to Landfill personnel the opportunity to go to a 4/10 work schedule.

However, should adequate coverage or staffing become an issue in these above areas, the City retains its right to discontinue the alternative work schedule upon notice to the union. In addition, full-time Park services Officers (except for the Senior Parks Services Officer) will be temporarily given a rotating 4/10 alternative work schedule as assigned by the Director of Recreation & Parks or his/her designee. The 4/10 alternative work schedule will sunset on January 1, 2021. The City retains the right to continue (or discontinue if the program continues) the 4/10 alternative work schedule upon two weeks’ notice to the union.
(Side Letter 2020-01)
Section 3.06 Layoff Procedure
(See CAM 1979-2)
A. Purpose: To provide a means by which employees are to be demoted or laid off when a reduction in force occurs. The City reserves, retains, and is vested with solely and exclusively, the right to determine which employee(s) to lay off in accordance with the below procedures.

B. Non-Discrimination in Reduction in Force: Layoffs and demotions which result from a reduction in force shall be made without regard to an employee's actual or perceived race, color, religion, sex, sexual orientation, marital status, registered domestic partner status, national origin, an cestry, physical or mental disability, medical condition, age, or any other basis protected by California or federal law.

C. Employee Evaluation Performance Rating Categories : Where employee evaluation forms are used, those evaluations that have been presented to the employee within the last two years from the date of layoff shall be used. For purposes of this Layoff Section only, should no evaluations be given to an employee within the last two years from the date of layoff, the assumption will be (for purpos es of layoff) that the employee is performing at an acceptable rating level. Employees with a rating of "Unacceptable" shall be demoted or laid off first; those with a rating of "Acceptable

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Minus/Improvement Needed" second; those with a rating of "Acceptab le" third; those with a rating of "Acceptable Plus" fourth; and those in the "Superior" category last. (MOU 12-20-11)
D. Determining Length of Seniority:

The following shall define seniority for the purposes of Layoff Section 3.06.

1. In determining continuous Citywide service seniority, all uninterrupted full-time employment including periods of authorized leaves of absence, periods of employment prior to a previous layoff, in a full-time budgeted position, shall be counted as continuous Citywide service seniority for full-time employees. Time served as a part-time employee or employment under a Federal program, shall not be credited toward full-time seniority for this purpose.

2. With regard to part-time seniority, all uninterrupted part-time employment including periods of authorized leaves of absence, periods of employment prior to a previous layoff, in a part -time budgeted position, shall be counted as continuous Citywide service seniority for part -time employees. However, part-time employees that previously held regular status in a full-time position, in determining continuous part-time Citywide service seniority both part-time service and prior full-time service shall be counted as continuous Citywide service if all employment was uninterrupted.
(MOU 12-20-11)

3. When both full-time and part-time employees are qualified for a part-time position, seniority order shall be determined by whichever employee has the most continuous citywide service based on the following:
a. Full-time employees are provided one year of service credit for every twelve (12) months of continuous full-time service with the City, as further defined in 3.06 D 1. above. b. Part-time employees are provided eight-tenths (0.8) years of service credit for every twelve (12) months of continuous part-time service with the City, as further defined in 3.06 D. 2 above.
(MOU 12-20-11)

4. The timing for employees to exercise their below options shall be made within 48 hours of official notification from the City. Said time requirements may be extended at the discr etion of the City. (MOU 12-20-11)

PHASE I
E. Transfer/Demote to Vacancy:

1. Prior to initiating Sections 3.06 F and 3.06 G, the City will transfer/demote any full-time employee, who has been employed by the City in a full-time capacity for less than twenty years and is to be affected by a reduction in force, to another full-time vacant position for which such employee may qualify, prior to initiating the below procedures. For a full -time employee with twenty years or more of full-time City service who is affected by a reduction in force, Section

3.06 E herein will not apply.

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2. Prior to initiating Sections 3.06 F and 3.06 G, the City will transfer/demote any part-time employee, who has been employed by the City in a part -time capacity for less than twenty years and is to be affected by a reduction in force, to another part-time vacant position for which such employee may qualify, prior to initiating the below procedures. For a part -time employee with twenty years or more of part-time City service who is affected by a reduction in force, Section

3.06 E herein will not apply.
(MOU 12-20-11)

3. In situations where both full-time and part-time employees are affected by a reduction in force, preference to transfer/demote to vacant positions will be given as follows:
a. In situations where more than one employee is affected by a reduction in force and are qualified to transfer to a vacant po sition(s), the employee with the most continuous Citywide service, if qualified, shall be the first qualified employee to be transferred/demoted.
(MOU 12-20-11)
b. Performance will be considered first, for employees with less than three years continuous service with the City.

4. Employees who are transferred/demoted into a vacant position and are in a (layoff) probationary status pursuant to this section, will not be subject to being bumped by an employee who has less seniority while s/he is in a (layoff) probationary status. (MOU 12-20-11)

PHASE II
F. Order of Reduction in Force: After exhausting the Transfer Provision as set forth in Section 3.06 E (Phase I) the following procedures will apply.
(MOU 12-20-11)

1. By this section, the City is not abrogating the management rights stated in Section 3.06 A and Section 10.06; nor abrogating any other management right not specifically addressed herein.

Once the City has determined which position will be affected by a layoff, prior to laying off City employees, the City will give consideration to reducing temporary agency staffing (non -City employees) that are employed through an employment agency, whom are performing similar work to the position determined to be affected by a lay off. In a reduction in force situation, the following layoff shall be followed:
(MOU 12-20-11)
a. In situations where more than one employee is affected by a reduction in force and are qualified to transfer to a vacant position(s), the employee with the most continuous Citywide service, shall be the first qualified employee eligible to be transferred/demoted. (MOU 12-20-11)

2. Probationary employees with the lowest overall job performance rating category in the aff ected classifications (Citywide) shall be laid off first and the affected laid -off probationary employee shall exercise their option to demote pursuant to Section 3.06 E; if identical for two or more

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employees, then by the employee with the least Citywide seniority, if still equal then by non- discriminatory random selection (such as lottery).
(MOU 12-20-11)

3. Should there be need for further reduction; regular employees in the affected classifications (Citywide) shall be laid off in the following order:
a. For employees with less than three years of Citywide service as defined by the Determining Length of Seniority section above, the employee with the overall lowest performance rating shall be laid off first and the affected laid -off employee shall exercise their option to demote pursuant to Section 3.06 E; if identical for two or more employees, then by the employee with the least Citywide seniority; if still identical, then by length of service in existing classification; if still identical, then departmental seniority in the affected department, if still equal then by non-discriminatory random selection (such as a lottery). b. For employees with three years or more of Citywide service, as defined by the Determining Length of Seniority section above, the employee wi th the least continuous Citywide seniority shall be laid off first and the affected laid-off probationary employee shall exercise their option to demote pursuant to Section 3.06 E; if identical for two or more employees, then by the employee with the lowest overall performance rating; if still identical, then by length of service in existing classification; if still identical, then departmental seniority in the affected department, if still equal then by non-discriminatory random selection (such as a lottery).
(MOU 12-20-11)
PHASE III.

G. Bumping: After exhausting the Transfer Provision as set forth in Section 3.06 E (Phase I) and exhausting the Order of Reduction in Force as set forth in Section 3.06 F(Phase II), the following bumping procedures will apply.
(MOU 12-20-11)

1. An employee designated to be laid off (as a result of the Order of Reduction in Force above), may bump into the next lower classification for which the employee is qualified within the same department, if the employee has previously held regular status in such classification with the City. An employee who is bumped shall be laid off in the same manner as an employee whose position is abolished.

2. Employees who have not actually held status in a lower classification shall be allowed to first demote to a vacant Citywide position (Phase I) in an equal or lower classification (salary range), or second to a Citywide position held by a City (new hire) probationary employee (Phase II) in such lower class for which they are qualified but may not bump regular City employees already in the lower classification.
(MOU 12-20-11)

3. Should there be no position to demote to (no vacant position for which the employee is qualified, or no position to bump into), said employee shall be subject to lay off.

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H. Notice: The appointing authority shall send written notice to the last known address of each employee affected by a layoff at least thirty (30) working days prior to the effective date of the action.

The notice shall include the:
(a) reason for the layoff; (b) classes to which the employee may demote, if any; (c) effective date of the action; (d) appeal rights of the employee; and (e) conditions governing retention on and reinstatement from re-employment lists.

I. Payoff of Accruals upon Layoff: Laid off employees are to be paid for all accrued holidays, vacation, personal leave time, compensatory time, and overtime when separated as a result of layoff.

J. Reinstatement of Employees Demoted: Employees with three or more years of service who are demoted as a result of a reduction in force shall have their names placed on a classification reinstatement list, in the order of their seniority. For those with less than three years of Citywide service, their reinstatement will be based upon the performance evaluations. Vacant positions within a classification shall first be offered to employees on this reinstatement list.

K. Re-Employment of Employees Laid Off: Employees who are laid off and who held probationary or regular City status at the time of layoff shall have their names placed on a re -employment list for classifications in which they previously held status and for classifications at the same or lower salary range for which they qualify in the order of their classification seniority (for those with three or more years in the classification). For those with less than three years of Citywide service, their re- employment will be based upon the performance evaluations. Vacant positions in such classifications will be offered to eligibles on the re -employment list that qualify for such vacancies prior to an open or promotional recruitment.

1. Once a person on a reinstatement/re-employment list is rehired to a regular position as a result of his/her reinstatement/re-employment rights, his/her name shall be removed from said list for the classification which he/she was re-employed and from all reinstatement/re- employment lists for classifications at the same or lower salary range of the classification in which he/she was re-employed.

L. Duration of Reinstatement and Re-employment Lists: The eligibility of individuals on the reinstatement and re-employment lists shall extend for a period of one year from the initial date of demotion or layoff. Eligibles not responding to written notification of an opening within fifteen working days from the date the notice is mailed to them shall have their names removed from either the reinstatement or re-employment lists.

1. An individual's name may be removed from the reinstatement/re -employment list if any of the following occur:
a. The individual indicates that he/she will be unable to return to employment with the City during the life of the list; or
b. The individual cannot be reached after reasonable efforts have been made to do so.

The City shall utilize certified mail or personal delivery when contacting individu als.

M. Restoration of Benefits upon Re-Employment: Upon re-employment following a reduction in force, a rehired employee will have the following benefits restored:

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1. Prior sick leave accrual balances.

2. Seniority at time of layoff for purposes of determin ing merit increases, vacation accruals, and future reductions in force.

3. The salary step paid to an employee who is re-employed shall be equivalent to that which the employee was receiving immediately prior to layoff. If the employee chooses to be re -employed in a classification which has a salary range lower than the classification from which he/she was laid off, then salary placement will be made at a point either equivalent to his/her salary immediately prior to layoff, or, if the maximum of the salary range of the position to which the employee is to be re-employed is less than the employee's salary immediately prior to layoff, then the employee will receive the maximum of the salary range.

N. Obligation to Serve Probationary Period: A person appointed fr om a reinstatement or re- employment list must serve a new one -year probationary period in order to attain regular status if they are appointed to a different classification in which he/she has not previously held regular status or are placed in another department. The employee would be eligible for a merit increase after satisfactory completion of six months of employment in the position, subject to the limitations of the salary range.

1. If the employee should fail to pass probation, his/her name shall be placed back on any reinstatement/re-employment list(s) which the employee had initially been on, prior to his/her appointment into the position for the remainder of the initial one-year period. (MOU 12-20-11)

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ARTICLE IV. COMPENSATION
Section 4.01 Salaries
A. Effective the first full pay period following ratification of this Memorandum of Understanding (MOU), a base salary increase of five percent (5.0%) of the employee’s base salary will be given to those unit members in the employ of the City. If this agreement is ratified and adopted by the City Council by February 20, 2024, this increase shall be effective the first full pay period containing January 1, 2024.
(MOU 02-07-24)
B. Effective the first full payroll period containing January 1, 2025, a base salary increase of five percent (5.0%) of the employee’s base salary will be given to those unit members in the employ of the City.
(MOU 02-07-24)
Section 4.02 Equity Adjustments
The City and SEIU Local 620 are willing to discuss the topic of equity adjustment during regular labor management meetings. In the event the parties are unable to reach an agreement regarding equity adjustments, SEIU retains the ability to request impasse procedures, including fact -finding.

For 2024 and 2025 the Parties specifically agree to the following process, (to start no later than March 1 of the respective year), to review potential equity adjustments:

At the Union’s request, the City will review the salary placement of up to five (5) represented classifications (not including ripple classifications) that meet one or more of the following criteria:
i. Significant turnover;
ii. Difficulty recruiting;
iii. Internal misalignment with classification(s) with similar responsibilities or duties; iv. Range or salary compaction; and/or
v. External misalignment with classification(s) with similar responsibilities or duties within agreed to comparison jurisdictions.

Requests for review will include the following information:
i. Class(es) to be studied;
ii. Which criteria set forth above are applicable;
iii. Supporting data that justifies the request;
iv. Any known or anticipated compaction or “ripple effects” created by an adjustment; v. Percentage increase proposed; and
vi. Estimated cost of salary adjustment requested (including any known benefit cost adjustments).

(MOU 02-07-24)

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Section 4.03 Overtime
(See City Code Sec. 2-20.17 and CAM 76-7)
A. The City reserves the right to schedule overtime work as required in a manner most advantageous to the City and consistent with the public interest and the requirement of municipal employment.

The City further reserves the right to determine appropriate classification for overtime assignment, and those qualified for assignment, and the ability to utilize employees within appropriate classifications from departments other than that requiring the overtime.

B. All time worked over forty (40) hours per week shal l be paid at time and one-half the employee’s regular rate of pay. Those employees eligible to receive overtime compensation may receive pay or may elect to receive compensatory time off at a rate equivalent to overtime pay. If required by the terms of a grant, overtime must be compensated as pay.

C. Incidental overtime is not compensable and may not be credited as overtime. The City compensates employees for overtime based on quarter hour increments. Any time worked in less than half of a quarter hour (e.g., 7½ minutes) will be considered de minimus time and will not be compensated, and any time above half of a quarter hour will be rounded up to a quarter hour.

D. Every effort shall be made to allow the compensatory time to be utilized in conjunction with the employee’s regular scheduled days off.

E. Working overtime shall require prior authorization or approval. In emergency situations that necessitate working overtime, the employee must notify a supervisor as soon as possible, and in no event later than the end of that day upon which the emergency occurred.

F. For Full-time Staff: sick, vacation, comp time, MTO, and holidays shall constitute hours worked for the purposes of calculating overtime.

G. For Part-time Staff: personal leave and holidays shall constitute hours worked for the purposes of calculating overtime.

H. The employer shall give employees a minimum of a four working day notice on any reduction of a work schedule unless otherwise agreed by mutual consent. (MOU 05-21-19)
Section 4.04 Conversion of Compensatory Time
For Full-Time (FT) Employees:

A. The employee may schedule compensatory time off with the approval of the department head for any compensatory time earned.

B. The employee shall be paid for accumulated compensatory time when terminating employment with the City.

C. The maximum accumulation of compensatory time per year shall be one hundred (100) hours. (MOU 11-03-09)

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D. Represented employees performing at an overall rating of at least acceptable or above are eligible to cash-out up to twenty (20) hours of compensatory time at straight time on one occasion anytime during the calendar year. This cash-out benefit shall be made in accordance with Section 5.04.

E. When an employee has accumulated the maximum allowable hours of compensatory time , no further compensatory time shall be accumulated, and the employee shall only be eligible for overtime pay in accordance with this MOU.

Section 4.05 Standby
This section shall NOT be applicable to part-time (PT32) employees.

A. Employees assigned by management to be on standby shall be compensated for standby duty (as opposed to "on call status" assigned by the Court or District Attorney referenced in Section 4.07 On Call or Call Back Time "Overtime" above) at the rate of $3.00 per hour for each hour required to be on said standby, except that no payment shall be paid if the employee fails to respond when called in.
(FT-MOU 12-16-03)
B. Standby duty requires that employees are to:

1. Be ready and take immediate steps to respond within a reasonable time to calls for their service (which would exclude anyone on an approved vacation and/or out sick);

2. Be readily available and reachable by telephone or paging device;

3. Remain within a 30-mile radius of the City; and

4. Refrain from activities which might impair their ability to perform their assigned duties.

C. Employees shall, when called to active duty while on standby, be compensated for such active duty at the rate of time and one-half their regular rate of pay pursuant to MOU Section 4.03 Overtime.

Work time for an employee called to active duty while on standby status shall begin at the time the employee is notified and shall continue until the employee stops work. However, when the employee is entitled to call back pay, the employee will not continue to receive standby pay as the empl oyee shall not be compensated for both call back pay and standby pay simultaneously. On occasions when an employee is called back and completes his/her assignment and leaves work, and is then called back again, s/he will not receive another minimum if the return is within the original minimum.

D. An employee may exchange (trade) all or any portion of a standby duty assignment in a manner consistent with departmental policy, provided that the replacement is a qualified employee. To assure that replacements are qualified employees, it is required that all standby duty exchanges follow procedures set forth in the Department's Operating Policies and Procedures. Outstanding standby duty exchange paybacks are the responsibility of the individuals involved. Standby du ty exchanges are not considered "hours worked" and therefore, do not have to be paid back.

1. “Traded” scheduled standby duty assignments will be “traded” in one -week increments unless otherwise provided for in departmental policy. Employees “trading” scheduled standby duty assignments must have either the appropriate supervisor’s or manager’s appr oval and must

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provide them with notice of said trade at least forty-eight (48) hours prior to the affected assignments. Standby duty compensation will be paid to the employee accepting the traded one-week assignment. Although management will not unreasonably deny such requests, management does retain its rights (under Section 10.06 of this MOU regarding Management Rights and Responsibilities) to administer this program.

2. Notice shall be on a written form acceptable to management which: identifies both employees; specifies the name of the eligible unit employee responsible for the duty; and bears the dated signatures of both employees involved in the trade. Unless otherwise authorized by management, under no circumstance may the same scheduled duty assignment under this section be “traded” more than once. And under no circumstance, unless with the approval of the appropriate supervisor or manager, will an employee “trade” all of their assigned scheduled standby duty and not have to be on standby during a six-month period. (MOU 01-18-11)

1. An employee who owes standby duty exchange time to another employee shall work for the other employee and will not be allowed to “pay” it back. (FT-MOU 12-25-04)
Section 4.06 Emergency Work Response
All City employees are responsible for providing current contact information and responding to work upon call at all times outside the regular work week for response in times of national emergency, civil disorder, or a disaster, or during times when the he alth, welfare and safety of the public may be in jeopardy as determined by local, state, or federal authorities, and to be compensated for the extra work. (MOU 05-21-19)
Section 4.07 On Call or Call Back Time
A. For employees that are in a forty (40) hour paid status, emergency service call back time will be a minimum of two hours paid at time and one -half comp time or cash at the employer's option.

Emergency service call back time between the hours of 12:01 a.m. and 4:59 a.m. will be a minimum of three hours paid at time and one-half comp time or cash at the employer's option. An employee will only qualify for the three-hour minimum of paid at time and one-half if the majority or entirety of the emergency call back is between 12:01 a.m. and 4:59 a.m.; if less than half of the time is between said hours, the employee will be eligible for the two-hour minimum paid at time and one-half. (MOU 12-20-11)
B. City agrees to provide either two hours overtime compensation or a helper whenever Solid Waste Division employees operating front loaders must pick up on a double day following a holiday.

C. The City agrees to provide off-duty employees who are placed on an "on-call" status by the court or District Attorney for work-related purposes two (2) hours of straight pay for being on-call between the hours of 8:00 AM and 12:00 PM, and two (2) hours of straight pay between the hours of 12:00 PM and 5:00 PM. In the case where the on-call status is interrupted by actually being called to court, the amount of on-call time that has elapsed will be compensated at the straight time and the one and one-half times standard court time will commence with the two -hour minimum beginning with the employee's court appearance.

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(FT-MOU 01-03-98)
For Part-Time (PT) Employees:

A. For employees that are in a thirty-two (32) hour paid status, emergency service call back time in excess of forty (40) hours will be a minimum of two hours paid at time and one -half. Emergency service call back time, in excess of forty (40) hours, between the hours of 12:00 a.m . and 5:00 a.m. will be a minimum of three hours paid at time and one-half. (MOU 04-03-18)
B. The City agrees to provide off-duty employees who are placed on an "on-call" status by the court or District Attorney for work-related purposes two (2) hours of straight pay for being on-call between the hours of 8:00 AM and 12:00 PM, and two (2) hours of straight pay between the hours of 12:00 PM and 5:00 PM. In the case where the on-call status is interrupted by actually being called to court, the amount of on-call time that has elapsed will be compensated at the straight time and the one and one-half times standard court time will commence with the two -hour minimum beginning with the employee's court appearance.

Section 4.08 Shift Differential
Weekday Shift Differential
A. This section (weekday shift differential) shall not be applicable to full-time Park Services Officers on a 4/10 alternative work schedule.
(Side Letter 2020-01)
B. Employees will be granted a five percent (5%) hourly differential over and above t heir hourly rate for all hours worked by an employee when a majority of their regularly scheduled shift hours occur before 8:00 am or after 5:00 pm. Shift differential applies on a daily basis.

C. Employees actually working a shift the majority of their regularly schedule shift hours between 12 midnight and 8:00 a.m., two and one-half percent (2.5%) will be added to the five percent (5%) shift differential.

D. Employees will only be eligible to receive weekday shift differential when they actually work a qualifying shift, defined as an employee whose regular scheduled shift is a swing or graveyard shift.

Nonproductive work hours (i.e., paid leave time or unpaid leave time) shall not qualify for shift differential.
(MOU 12-20-11)
E. To the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Special Assignment Pay – Shift Differential.

Weekend Shift Differential
A. Employees who’s regularly scheduled work week includes both Saturda y and Sunday (40-hour work week for FT and 32-hour work week for PT32), shall receive a five percent (5%) shift differential for time actually worked (productive hours) during that work week).

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1. Employees will only be eligible to receive weekend shift diffe rential when they actually work a qualifying shift. Non-productive work hours (i.e., paid leave time or unpaid leave time) shall not qualify for shift differential.

2. Employees who work on their regularly scheduled day off and who qualify for weekend shift differential will be compensated pursuant to MOU Section 3.11 Overtime with a five percent (5%) shift differential.
(MOU 12-20-11)
B. Employees whose regularly scheduled work week does not include both Saturday and Sunday (40- hour work week for FT and 32 -hour work week for PT32), shall not be eligible for weekend shift differential.

C. To the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Special Assignment Pay – Shift Differential.

Section 4.09 Bilingual Pay
(See CAM 1993-02)
A. This differential shall only be paid to those employees who are required by the department head to use both English and Spanish in communicating with the general public while performing the duties of his/her position.

B. The Human Resources Office will test for the skill level required. Parties agree that classifications currently receiving this differential will continue to receive it consistent with department head approval identified in A above.
(MOU 12-21-21)

C. The City agrees to pay full-time eligible employees who demonstrates appropriate skills in both speaking and understanding the Spanish language, at a basic level, a $55 per month salary differential above his/her regular scheduled salary, within the individual's designated classification.

Eligible employees who demonstrate Spanish speaking skills at an advanced level shall receive $100 per month salary differential. The City agrees to a third level of differential ($250/month) for the purposes of extensive written translations of Spanish to English and English to Spanish on a regular and frequent basis.
(MOU 05-21-19)
D. Any eligible part-time employees who demonstrate appropriate skills in both speaking and understanding the Spanish language, at a basic level, shall receive a $30 per month salary differential above his/her regular scheduled salary, within the individual's designated classification.

Eligible employees who demonstrate Spanish speaking skills at an advanced level shall receive $60 per month salary differential. The City agrees to a third level of differential ($100/month) for the purposes of extensive written translations of Spanish to English and English to Spanish on a regular and frequent basis.
(MOU 05-21-19)

E. To the extent permitted by law, this is special compensat ion and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Special Assignment Pay – Bilingual Pay.

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Section 4.10 Longevity Pay
Employees hired before July 1, 2011, and who have continuously been employed by the City will be provided with a five percent (5.0%) longevity pay.
(MOU 12-21-21)
Section 4.11 Move-Up Pay

A. Any employee who temporarily performs the duties of a position in a higher classification for 40 consecutive hours for full-time and 32 consecutive hours for part-time shall continue to receive their base rate of pay. The Department Head or designee shall determine and specifically assign, in writing, an employee to perform significant duties of the higher classification which is vacant due to sick leave, injury leave, vacation, separation or another circumstance pre -approved by the Human Resources department. Any subsequent work (41 hours for full-time or 33 hours for part-time or greater) performed by the employee in the higher classification shall entitle the employee to be paid at the base rate of pay for that classification, consistent with Section C below.

B. In those instances where training is not involved, and if, in the supervisor’s opinion, an employee is proficient in the higher classification, management has the authority to pay that employee at a higher classification pay rate prior to 40 consecutive hours for full-time or 32 consecutive hours for part- time as pre-approved by the Human Resources Department.

C. The higher salary rate payable shall commence on the 41st working hour for full-time or 33rd working hour for part-time following the temporary reassignment to the performance of duties in the higher classification. The higher rate of pay shall be defined as a five percent increase in pay or step one of the higher classification, whichever is greater.

D. If employees temporarily assigned to perform duties of the higher classification does not meet the minimum qualifications of the higher classification or is unable to handle the major duties of the higher classification without any more supervision then another would in the same job the employee will receive the 5% differential pay.

E. The assignment shall continue until the City no longer requires the employee to perform the duties of such assignment, to the extent legally permissible, pursuant to Government Code Section 20480.

F. During a work period in which a fixed holiday falls, the holiday will be recognized as time worked.

Management shall not rotate assignments among employees to avoid payment of minimum move up pay.
(Side Letter 04-11-12)

G. At the end of such assignment the employee performing the temporary assignment shall be returned to their original position and salary range.

H. Nothing contained in herein shall apply to an employee who is being trained by the City to qualify for a higher classification.

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Section 4.12 Certifications/Licensing

A. When the City determines that a reclassification of a position requires an employee to obtain a specialized license or certificate, or if such a requirement is established for the position by a federal or state agency and/or county or special district during an employee’s employment in the position, the City agrees to assume the cost for such certification or l icense. The City may pay directly or reimburse the employee is the employee presents proof of payment. This provision shall not apply if the classification is identified as part of the City’s Educational Incentive Program as outlines herein.

B. Employees who are assigned to obtain and maintain a Class B or A license for the operation of specialized equipment that is routinely and customarily utilized in the exercise of their job duties will receive a two and half percent (2.5%) certification pay.

To the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(a)(2) Special Assignment Pay – Special Class Driver’s License Pay.

Section 4.13 Educational Incentive Pay
(See CAM 1976-4)
A. All employees upon hire, shall be eligible to receive the following education incentive pay according to CAM 76-4 when said education is in addition to the regular requirements of the job specification and is work-related:
 AA Degree or 60 recognized college unit or equivalent = 2½%  BA Degree = 5%
 MA Degree = 5%
For Full-Time (FT) Employees:

A. Upon the approval of the City Manager, educational incentive pay shall be paid in addition to regular pay when education is in addition to the regular requirements of the job specifications and is work- related. An employee may not receive more than a five percent (5%) increase.

B. Educational incentive pay shall be paid in addition to regular pay when education is in addition to the regular requirements of the job specifications for Water Resources Operators, Water Systems Operators, and Wastewater Treatment Plant Operators. For the classifications listed above, those employees who achieve certification above the requirements contained in the job specification for that position will be eligible for 2.5% incentive pay for each certificate achieved. An employee may not receive more than a maximum total of 5% educational pay from all sources. (MOU 02-17-15)
C. For the classifications listed above, those employees who possesses a certification that is in addition to that which is required to meet minimum job requirement and utilized in the job specification for that position and City service shall be eligible for 1.5% incentive pay for each certificate achieved.

An employee may not receive more than a maximum total of 5% educational pay from all sources.

This incentive is limited to only unit members hired prior to December 13, 2014.

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1. For example: A Water Systems Operator II possesses a Treatment II and Distribution II certification, the Distribution II certification does not qualify the Operator for the incentive as it is minimum job requirement; however, the possession of a Treatment II qualifies the Operator for the 2.5% incentive pay because this certificate exceed the minimum qualifications.

2. For example: A Water Systems Operator II possesses a Treatment I and Distribution II certification, the Distribution II certification does not qualify the Operator for the incentive as it is minimum job requirement; however, the possession of a Treatment I qualifies the Operator for the 1.5% incentive pay because this certificate is in addition, but not exceed, the minimum qualifications.
(MOU 02-17-15)
D. Educational incentive pay shall be paid in addition to regular pay when education is in addition to the requirements of the job specifications for Water Distribution Supervisor, Water System Operator I, and Water System Operator II. For the classifications listed above, those employees who achieve certification above the requirements contained in the job specifications for the above stated position will be eligible for 2.5% incentive pay for each certification achieved. An employee m ay not receive more than a maximum total of 5% educational pay from all sources. (FT-MOU 11-03-09)
E. Upon approval of the City Manager, educational incentive pay shall be paid in addition to regular pay when education is in addition to the regular requirements of the job specification for Building Permit Technicians. Building Permit Technicians who have three years’ experience with a public sector permitting agency performing permit fee calculations, reading blueprints of minor construction projects, and are conversant with the International Building Code and who have completed a three - unit semester International Building Code course with a passing grade of “C” or better, are eligible for 2.5% incentive pay. Building Permit Technicians who are elig ible to receive the 2.5% incentive pay and have five years’ experience and have obtained their ICBO or International Code Council (ICC) Building Permit Technician Certification will be eligible for 5% incentive pay. An employee may not receive more than a maximum total of 5% education pay from all sources.

F. Educational incentive pay shall be paid in addition to regular pay when education is in addition to the regular requirements of the job specification for Code Compliance Officer, Building Inspector or Plans Examiner. Code Compliance Officers, Building Inspectors or Plans Examiners who have two ICBO, ICC or IAPMO certifications (in plumbing, mechanical, electrical, building or plan examiner) plus two years’ experience as a Code Compliance Officer, Building Inspector or Plans Examiner with the City of Santa Maria shall be entitled to receive 2.5% incentive pay. Code Compliance Officers, Building Inspectors or Plans Examiners who have four ICBO, ICC or IAPMO certifications or combination certifications (in plumbing, mechanical, electrical, building or plan examiner) plus four years’ experience as a Code Compliance Officer, Building Inspector or Plans Examiner with the City of Santa Maria shall be entitled to receive 5% incentive pay. To retain the incentive pay , each certificate holder must pass a re -examination every three years, as the new codes are published.

G. The City agrees to extend a 2.5% educational incentive pay benefit to two employees in the Parks Division and two employees in Public Works that have a Qualified Applicators Certificate. It is agreed that the process to decide on who is eligible to receive the 2.5% incentive pay will be developed through the Labor/Management process.

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H. The City agrees to extend a 5% educational incentive pay benefit in addition to regular pay when education is in addition to the requirements of the job specifications for Special Districts Technician and Special Districts Supervisor in the Recreation and Parks Department, and other job specifications, where the certification is desired in order to perform the key functions of the position and deemed appropriate by the City Manager for employees that have a Qualified International Society of Arboriculture (“ISA”) Certified Arborist Certificate such as ISA Certified Arborist, ISA Certified Arborist Utility Specialist, ISA Certified Arborist Municipal Specialist, ISA Certified Master Arborist, ISA Tree Risk Assessment Qualification. It is agreed that the process to decide who is eligible to receive the 5% incentive pay will be developed through the Labor/Management process. (Side Letter 05-21-22)
For Part-Time (PT32) Employees:

Upon the approval of the City Manager, employees will be eligible for educational incentive pay in addition to regular pay when education is in addition to the regular requirements of the job specifications and is work-related. An employee may not receive more than a five percent (5%) increase.

Retention of Incentive Pay Increase
A. Any employee who received an unsatisfactory personnel evaluation shall automa tically lose the additional pay increase and shall not be eligible to reapply for a one -year period or the duration of the Y-rating, whichever is less.

B. A 30-day notice shall be given the employee in writing prior to his/her losing the educational incentive pay.

C. It should be noted that this program is not in any way related to the City’s regular pay classification program and has no bearing on step raises.
(MOU 03-05-13)
Section 4.14 Educational Tuition Reimbursement
(See CAM 1976-4)
A. All employees are eligible for tuition and book reimbursement of approved job -related courses up to 50% of the total cost if a grade of "C" or better is obtained.

B. The maximum amount of tuition reimbursement in any calendar year will be $500. (FT-MOU 12-25-04)
C. Receipts must be received by the City for processing within 60 days of course completion. (MOU 12-17-13)
Section 4.15 Payroll Step Plan
(City Code Sec. 2-20.06 & CAM 1972-6)
For Full-Time (FT) Employees:

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After satisfactory completion of a new hire probationary period (26 completed pay periods), step increases shall be based upon satisfactory performance in the prior step and shall become effective on the first day of the pay period in which the employee's anniversary falls, absent documented performance reasons for denial.
(MOU 05-21-19)
For Part-Time (PT32) Employees:

After satisfactory completion of a new hire probationary period (26 completed pay periods), step increases for part-time employees shall be based upon satisfactory performance and completion of 1,664 hours in the prior step and shall become effective on the first day of the pay period in which the employee's anniversary falls, absent documented performance reasons for denial. (MOU 05-21-19)
Section 4.16 "Y" Rate
Performance-related “Y” rating shall be when an employee who is not performing up to the acceptable standards set for his/her job may be "Y" rated, so that s/he would not receive their next salary range step increase and shall have any educational incentive and cash-out privileges suspended during their “Y” rating period. If and when his/her performance comes up to the standard level, s/he would then have the "Y" rating removed.
(FT-MOU 12-25-04)
(Resolution No. 3112, 01-01-71)
Section 4.17 Payroll and Pay Period
The City will provide a bi-weekly pay program which provides for pay and the deposit every other Friday and provides for the employee’s check to be automatically deposited in banks, savings and loan, or credit unions chosen by the employee. Employees' checks will be deposited with the appropriate bank, etc., by noon of the payday.
(MOU 12-20-11)

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ARTICLE V. LEAVES – PAID AND UNPAID
Section 5.01 Holidays
(See City Code Sec. 2-20.20 and CAM 1978-2)
A. For employees separating service or starting during the calendar year, floating holidays will be pro - rated (rounded to the nearest half -hour) based on the number of full pay periods elapsed or remaining during the payroll year. If an employee, prior to sep arating service, used more floating holiday time than the pro-rated amount for the payroll year, the excess used floating holiday time will be deducted from vacation leave or personal leave hours, then if needed from the employee’s final paycheck without the necessity of the City securing a judgment. (Side Letter 02-04-14)
For Full-Time (FT) Employees:

1. The City will recognize seven (7) (eight (8) hour) holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, and Christmas. (MOU 12-21-21)

2. Employees will be eligible to receive, on a pro-rated basis (rounded to the nearest half-hour), six (6) additional days (forty-eight [48] hours) of floating holiday time on the first payroll period in the payroll calendar year to be scheduled off by formal request of each individual employee with the approval of the department head.
(MOU 02-07-24)
a. The Solid Waste Landfill will be closed to business on Memorial Day. b. Refuse will not be collected as Solid Waste Division employees will recognize the following holidays: New Year's Day, Fourth of July, Labor Day, Thanksgiving, and Christmas.
(FT-MOU 01-01-77)

3. Effective the first week of each payroll year, employees are eligible to cash-out up to a maximum of forty-eight (48) hours of floating holiday time on one occasion anytime during the calendar year for processing no later than the second to the last pay period ending in each payroll calendar year.
(MOU 03-05-13)

4. In addition to the time worked on a fixed scheduled holiday, employees will be paid at time and one-half in comp time or cash at the employer's option, resulting in a total of double time and one half.
(MOU 12-20-11)

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For Part-Time (PT32) Employees:

1. The City will recognize seven (7) (six (6) hour) holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, and Christmas.

Employees will be eligible to receive, on a pro-rated basis (rounded to the nearest half-hour), thirty–eight (38) hours of floating holiday time on the first payroll period in the calendar year to be scheduled off by formal request of each individual employee with the approval of the department head.
(MOU 02-17-15)

2. Effective the first week of each payroll year, employees are eligible to cash -out up to thirty-eight (38) hours floating holiday by request on one occasion anytime during the calendar year for processing no later than the second to the last pay period ending in each payroll calendar year. (Side Letter 02-07-24)

3. Any floating holiday hours remaining on the books at the end of the final payroll period of the calendar year will automatically be cashed out and included in the last payroll check of the calendar year.
(Side Letter 05-23-12)
Section 5.02 Closing of City Offices
All City offices and departments whose continuous functioning is not essential to the public welfare , and at the direction of the City Manager, shall be closed to the public on every Saturday, every Sunday, and every holiday which is City designated. If, however, a department head determines that the functioning of said department is necessary on any such days in order to avoid unreasonable inconvenience to the public, said department head m ay with approval of the City Manager, direct that such department remain open with only such personnel present as s/he finds necessary. (MOU 05-21-19)
Section 5.03 Vacations
(See City Code Sec. 2-20.19 and CAM 1971-5)
This section shall not be applicable to part-time (PT32) employees.

The City agrees to modify the vacation schedule as follows:

YEARS PRESENT YEARS PRESENT
0-5 10 days 13 19
6 12 14 20
7 13 15 20
8 14 16 20
9 15 17 20
10 16 18 20
11 17 19 20
12 18 20 plus 21
(FT-MOU 01-01-82)

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A. After six months of employment, an employee shall be entitled to take all vacation accrued to him/her. However, prior to the six-month mark, in the event there is a holiday, an employee on a 9/80 schedule may use one (1) hour of vacation to make up for the ninth (9th) hour. (MOU 05-21-19)
B. The maximum amount of vacation accumulation at any one time for an employee shall be 336 hours.

When an employee reaches the maximum allowable vacation credit, no additional vacation credit shall be accrued until the vacation balance is below the maximum.

C. Vacation usage may not exceed the accrued vacation balance reported at the end of the prior pay period.

D. Employees whose vacation balances exceeded 240 hours on December 25, 1993, had all hours over 240 placed in a separate account for their use as time off or for pay off when the employee separates from City service.

E. Each calendar year SEIU employees performing at an overall rating level of at least acceptable or above are eligible to cash-out up to forty (40) hours of vacation time at straight time on one occasion anytime during the calendar year so long as they have (after said cash -out) a minimum vacation balance of at least forty (40) hours on the books. This cash-out benefit shall be made in accordance with Section 5.04.
(MOU 05-21-19)
F. The City agrees to reinstate vacation accrual rates for previous years of service for former City employees who have completed their rehire probationary period. (MOU 12-20-11)
Section 5.04 Constructive Receipt
A. Employees may receive a cash payment for unused vacation, personal leave and/or compensatory time provided they meet the requirements set forth in the applicable provision of the MOU and abide by the below.
(MOU 05-21-19)
B. Employees will have the option to declare their intent to cash out accrued leave under the following conditions in accordance with Internal Revenue Code Section 451:
(MOU 05-21-19)

1. Hours cashed out shall be paid at straight time.
(MOU 05-21-19)

2. By December 1 of each year, employees can declare their int ent to cash out the leave (or a portion of the leave) they earn during the following payroll calendar year. For example, elections made by December 1, 2019, shall apply to hour accrued in 2020. (MOU 05-21-19)

3. The employee can choose any pay period(s) during the year to receive the elected cash out and must declare the selected pay period for cash out at the time of election.

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(MOU 05-21-19)

4. Once an election is made it cannot be rescinded.
(MOU 05-21-19)

5. The employee will be responsible for making sure the required number of hours to be cashed out are available at the time of each cash out. If an employee has not met the requirements, the employee will not be eligible for that cash out during the year. (MOU 05-21-19)

6. Employees will be eligible for partial cash outs if the full amount of hours elected are not available at the elected time of cash out. For example, if an employee elects to cash out 40 vacation hours during the first pay period in November but only 20 hours are available at that time, 20 hours would be cashed out.
(MOU 05-21-19)

7. Employees will be required to complete the City’s standardized election form. (MOU 05-21-19)

8. Failure to submit an irrevocable election form by December 1 of each year shall be the same as not electing to cash out leave during the following payroll calendar year. (MOU 05-21-19)
Section 5.05 Sick Leave
(See City Code Sec. 2-20.21)
This section shall not be applicable to part-time (PT32) employees.

A. The employee may be requested to provide proof of the necessity for sick le ave for three consecutive days or more.
(FT-MOU 01-01-76)
B. Sick leave will be granted to employees when they are incapacitated for the performance of duties by sickness, injury; or for medical, dental, or optical examination or treatment. (FT-MOU 01-01-79)
C. The City will make new employees eligible for sick leave as accumulated. (FT-MOU 01-01-82)
D. The City agrees to reinstate unused sick leave balances for former City employees upon receiving documented proof from the employee as to the amount of sick leave that was unused at the time of separation for said former City employees who have returned to City employment and have completed their probationary period.
(MOU 11-03-09)
E. The sick leave incentive program compensates employees at the rate of 50% for all accrued sick leave beyond 240 hours to a maximum of 960 hours when the employee leaves City service upon regular retirement, disability retirement, or death.

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F. The City shall retire an employee prior to the exhaustion of sick leave in conjunction with an industrial or non-industrial injury upon a determination that the employee's condition is permanent and stationary for disability retirement purposes. The employee's unused sick leave shall be compensated pursuant to the terms of the City's sick leave incentive program as described above.

These provisions are intended to contravene Government Code Section 21025.2 insofar as it provides that an employee's disability retirement will not commence until all sick leave benefits are exhausted.
(FT-MOU 12-16-03)
G. Sick leave accumulation shall be granted at the rate of eight hours for each pro -rated calendar month of service while on a paid status.

H. Up to five days (40 hours) per incident, may be used for family bereavement leave . Employees shall be able to utilize any accrued leave banks for bereavement leave. The term "family" in this subsection shall be defined as anyone per California Labor Code Section 245.5 (4) (c).

The above referenced bereavement leave will also apply to leave for reproductive loss event, defined as a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. If an employee experiences more than one reproductive loss event within a 12 - month period, the employer is not obligated to grant a total amount of reproductive loss leave time in excess of 20 days within a 12-month period.
(MOU 02-07-24)
I. An employee may use up to half of their annually accrued sick leave for family illness per California Labor Code 233 and 245.5 (4) (c). Additional sick leave may be used for family illness upon approval through Human Resources.

Section 5.06 Unauthorized Absence - Automatic Termination A. Any employee absent from his/her position for more than three (3) working days, without notification or prior permission of his/her department head, may be considered to have automatically terminated his/her employment with the City. Prior to separation from employment, the City shall serve a Notice of Intent upon the employee, by personal delivery or by depo siting said notice in the U.S. Mail. The employee has five (5) calendar days from personal service, or eight (8) calendar days from date of mailing, to request a hearing before the City Manager or his/her designee. The decision of the City Manager or his/her designee is final. The employee may respond verbally or in writing, prior to the automatic termination provision being invoked. At this meeting, the employee will be allowed to provide written and/or oral information concerning, but not limited to:

1. Whether or not the employee obtained prior permission for their absence; or

2. Any other circumstances that would excuse the failure of a notification of the absence.

B. The final determination will be based upon the reasons furnished by the employee to the appoint ing authority for not having obtained prior permission. If the employee fails to provide a valid reason for absence, the determination of the appointing authority shall be final. (MOU 05-21-19)

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Section 5.07 Personal Leave
(See City Code Sec. 2-20.21.1)
This section is applicable to Part-time employees only.

A. Each part-time employee will be eligible to accrue, on a pro-rated basis, the following amount of personal leave hours on an annual basis, based on working a 32-hour workweek:

YEARS EARNED
0-5 128 hours
6 140 hours
10 164 hours
15 188 hours
20 194 hours
B. The maximum personal leave accumulation at any one time for a part -time employee shall be 288 hours. When an employee reaches the maximum allowable personal leave credit, no additional personal leave credit shall be accrued until the personal leave balance is below the maximum.

Personal leave time shall only be used to compensate for time -off to equal thirty-two (32) hours in a work week.
(MOU 02-17-15)
C. Each calendar year SEIU employees performing at an overall rating level of at least acceptable or above are eligible to cash-out up to thirty-two (32) hours of personal leave time at straight time on one occasion anytime during the calendar year so long as they have (after said cash-out) a minimum personal leave balance of at least thirty-two (32) hours on the books. This cash-out benefit shall be made in accordance with Section 5.04.
(MOU 05-21-19)
D. Personal leave shall be generally defined as paid leave time to be used for personal time off, vacation or sick leave types of uses, or family bereavement leave. Up to five days (32 hours) per calendar year may be used for family bereavement leave charged to personal leave. (MOU 11-03-09)
E. An employee may use up to half of their annually accrued personal leave for family illness. The term "family" in this subsection shall be defined in accordance with California Labor Code Section 233 and 245.5 (4) (c).

F. Evidence, in the form of a physician’s certificate or otherwise, may be required for three (3) consecutive days or more in determining the adequacy of reasons for any employee’s absence during a time for which personal leave is requested to be taken as sick leave.

G. Employees promoted to full-time positions, or otherwise separate from City service shall have all personal leave time cashed-out on the effective date of such promotion or separation. (MOU 12-21-21)

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ARTICLE VI. RETIREMENT
Section 6.01 Retirement
A. For those unit members in the employ of the City prior to July 1, 2011, City agrees to provide the California Public Employees’ Retirement System (CalPERS) “2.7% at 55” retirement formula based on the CalPERS single highest year (one-year final compensation) retirement formula. (MOU 04-03-18)

1. Effective with the first pay period of the 2018-19 fiscal year, full-time and part-time employees covered by the 2.7% at 55 retirement formula shall contribute two percent (2%) of the members’ contribution to CalPERS. The City agrees to report to CalPERS the six percent (6%) employer paid members contribution (EPMC) benefit as special compensation for retirement purposes for full-time employees.
(MOU 04-03-18)

2. In accordance with Government Code 20516(a), effe ctive after a CalPERS election process is successfully concluded, full-time and part-time employees covered by the 2.7% at 55 retirement formula shall contribute an additional two percent (2%) cost -share to CalPERS. (MOU 05-21-19)

3. In accordance with Government Code 20516(a), effective December 21, 2019, full-time and part-time employees covered by the 2.7% at 55 retirement formula shall contribute an additional two percent (2%) cost-share to CalPERS.
(MOU 05-21-19)

4. In accordance with Government Code 20516(a), effective December 19, 2020, full-time and part-time employees covered by the 2.7% at 55 retirement formula shall contribute an additional two percent (2%) cost share to CalPERS for a total of eight percent (8%). (MOU 05-21-19)
B. The City shall also provide the CalPERS military service credit benefit. Eligible employees shall purchase said service credit at their own option.

C. The City will also provide the retirement benefit option called the "Fourth Level 1959 Survivor's Benefits," Section 21574 of the CalPERS retirement system as well as the Pre-Retirement Optional Settlement 2 Death Benefit, Section 21548.

D. The City will provide the CalPERS unused sick leave conversion benefits plan . Full-time City employees will retain the option to be compensated at the rate of 50% for all accrued sick leave beyond 240 hours to a maximum of 960 hours when the employee leaves City service upon regular retirement, disability retirement, or death; and/or to convert the remaining unused sick leave to the CalPERS retirement benefits plan.
(MOU 12-20-11)
E. As defined under the Public Employee Pension Reform Act (PEPRA), for “classic” employees hired after July 1, 2011, the City shall provide the CalPERS 2% at 55 retirement benefit, based on the

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last 36 months of employment (three-year average highest compensation), and the employees shall be required to pay the entire members contribution.
(MOU 03-05-13)

1. Effective after a CalPERS election process is successfully concluded, full -time and part-time employees covered by the 2% at 55 retirement formula shall contribute an additional half percent (0.5%) of the employer contribution to CalPERS, increasing the contribution from seven percent (7%) to seven- and one-half percent (7.5%).
(MOU 04-03-18)
F. As defined under the Public Employee Pension Reform Act (PEPRA), “non-classic” employees (aka new members) hired after January 1, 2013, shall be covered under the CalPERS 2% at 62 retirement benefit, based on the last 36 months of employment (three -year average highest compensation), and the employees shall pay fifty percent (50%) of the total “normal” cost of the benefit (as determined by CalPERS annually), through a payroll deduction. Eligibility for other benefits provided to classic employees under this MOU through CalPERS (as st ated above) shall be determined by the provisions of PEPRA for “non-classic employees” aka new members. (MOU 03-05-13)

1. Effective after a CalPERS election process is successfully concluded, full -time and part-time employees covered by the 2% at 62 retirement formula shall contribute an additional half percent (0.5%) of the employer normal cost to CalPERS, increasing the contribution from six and one quarter percent (6.25%) to six and three quarters percent (6.75%). (MOU 04-03-18)
Section 6.02 Deferred Compensation
(See Section 7.03- Post Employment Health Plan).

The City will provide a deferred compensation plan to employees. (FT-MOU 12-25-04)

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ARTICLE VII. INSURANCE
Section 7.01 Medical, Dental, and Optical Insurance
(See City Code Sec. 2-10.01 through 2-10.07)
For Full-Time (FT) Employees:

A. Retired employees shall be eligible for City health insurance at employee's cost until eligible for Medicare benefits.
(FT-MOU 01-01-82)
B. All retired employees and annuitants receiving an allotment from CalPERS shall be eligible for health insurance coverage. On behalf of retired employees and annuitants, the City will pay the amount that’s mandated by the California Public Employees’ Medical and Hospital Care Act (PEMHCA).

C. A new full-time employee shall be eligible to enroll for medical insurance upon his/her first day of employment. The effective date of coverage may vary for new employees based upon required earnings/premium deductions in the month prior to the benefit commencing. (FT-MOU 12-25-04)
D. The City currently provides employee medical insurance throu gh the CalPERS Public Employees’ Medical and Hospital Care Act (PEMHCA). As a condition of participation in the PEMHCA plan, the CalPERS Board determines an annual Minimum Employer Contribution (MEC). The City will contribute the PEMHCA as required by per month per employee to be used solely toward City- sponsored employee medical benefits. For 2024, the MEC is $157 per month. (MOU 02-07-24)
E. In addition to the above stated contribution, effective the payroll period in which deductions are made for the January 2024 medical premium rates, the City shall provide a pro-rated monthly optional medical insurance contribution regardless of the medical plan chosen, up to the amounts listed below at the times stated:

Employee Only $ 642.44
Employee plus one $1,441.88
Employee plus two $1,908.24
(MOU 02-07-24)
If this agreement is ratified and adopted by the City Council by February 20, 2024, these rates shall be effective retroactively the pay period in which deductions are made for January 2024.

F. Effective the payroll period in which deductions are made for the January 2025 medical premium rates, the City shall increase its contributions to cover the increase in the cost for CalPERS Gold (all three tier levels) for the 2025 calendar year only.:

MOU 12-21-21)

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The City shall provide a pro-rated cash-in-lieu option to those employees hired before February 4, 2017, who do not elect to participate in the PEMHCA medical insurance plan provided they are in compliance with the below stated evidence of cove rage provision. If an employee is in a paid status, is eligible to not participate in the PEMHCA medical insurance plan and elects the pro-rated cash-in-lieu option, the employee will receive $405.00 on a monthly basis. Employees hired on or after February 4, 2017, will not be eligible for the cash-in-lieu option. Employees hired into a full-time capacity directly from a part- time capacity and receive cash-in-lieu as a part-time employee will be eligible to receive the cash-in- lieu as a full-time employee.
(MOU 02-07-17)

1. To establish eligibility for the cash-in-lieu option, employees who do not elect to use the City- sponsored medical benefits shall provide evidence of major medical insurance coverage and sign a City provided form certifying that they have other continuing major medical insurance coverage in compliance with Federal and State law and regulations. Once eligibility has been established, to maintain continued eligibility to receive the cash-in-lieu option employees shall provide said documents prior to January 31st on an annual basis, or as requested by the City.

The employee must notify the City within 30 days of the loss of other minimum essential coverage. The cash-in-lieu option shall no longer be payable if the employee and family members cease to be enrolled in other minimum essential coverage. (MOU 02-07-17)
For Part-Time (PT32) Employees:

A. All new part-time employees shall be eligible to enroll for medical insurance upon his/her first day of employment. The effective date of coverage may vary for new employees based upon required earnings/premium deductions in the month prior to the benefit commencing.

B. The City currently provides employee medical insurance through the CalPERS Public Employees’ Medical and Hospital Care Act (PEMHCA). As a condition of participation in the PEMHCA plan, the CalPERS Board determines an annual Minimum Employer Contribution (MEC). The City will contribute the MEC as required by PEMHCA per month per employee to be used solely toward City- sponsored employee medical benefits. For 2024, the MEC is $157 per month. (MOU 02-07-24)
C. Effective the payroll period in which deductions are made for the January 2024 medical premium rates, the City shall provide a pro-rated monthly optional health insurance contribution regardless of the medical plan chosen, up to the amounts listed below:

Employee Only $ 642.44
Employee plus one $ 705.56
Employee plus two $ 775.23

(MOU 12-21-21)
If this agreement is ratified and adopted by the City Council by February 20, 2024, these rates shall be effective retroactively the pay period in which deductions are made for January 2024.

D. Effective the payroll period in which deductions are made for the January 2025 medical premium rates, the City shall increase its contributions to cover the increase in the cost for CalPERS Gold

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employee only, and apply that increased amount to the other two tiers for the 2025 calendar year only. For example, if employee only increases $25.00, the City will increase the contribution amounts above for employee plus one and employee plus two by $25.00 each.

E. The City shall provide a pro-rated cash-in-lieu option to those employees hired before February 4, 2017, who do not elect to fully participate in the PEMHCA medical insurance plan, provided they are in compliance with the below stated evidence of coverage provision. If an employee is in a paid status and is eligible to not participate in the PEMHCA insurance plan and elects the pro-rated cash- in-lieu option, the employee will receive $265.00 on a monthly basis. Employees hired on or after February 4, 2017, will not be eligible for the cash-in-lieu option. (MOU 05-21-19)

1. To establish eligibility for the cash-in-lieu option, employees who do not elect to use the City- sponsored medical benefits shall provide evidence of major medical insurance coverage and sign a City provided form certifying that they have other continuing major medical insurance coverage in compliance with Federal and State law and regulations. Once eligibility has been established, to maintain continued eligibility to receive the cash-in-lieu option employees shall provide said documents prior to January 31st on an annual basis, or as requested by the City.

The employee must notify the City within 30 days of the loss of other minimum essential coverage. The cash-in-lieu option shall no longer be payable if the employee and family members cease to be enrolled in other minimum essential coverage . (MOU 05-21-19)
Dental and Optical Insurance
A. The City will make available a dental plan and optical plan for the employees to participate in. New employees shall be eligible for dental and optical insurance upon his/her first day of employment .

The effective date of coverage may vary for new employees based upon required earnings/premium deductions in the month prior to the benefit commencing.

B. The dental insurance benefit annual coverage will be $2,000. (MOU 12-20-11)
C. The City will pay the full cost of the monthly dental premium for full -time (FT) and part-time (PT32) employee only coverage. For full-time employees only, the City will pay fifty percent (50%) of the cost for family coverage. Part-time (PT32) employees will be eligible to participate in the family coverage program and shall pay the difference between the cost of premium between employee only and family coverage.
(MOU 02-07-24)
D. The City will make available an optical plan for the employees to participate in. Cost of the optical plan shall be covered by the employee.

Section 7.02 Life and Disability Insurance
For Full-Time (FT) Employees:

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A. A new full-time employee shall be eligible for life and disability insurance upon his/her first day of employment.
(FT-MOU 12-16-03)
B. The City provides a Premium Conversion Program, or Premium Only Plan/"POP", which provides employees the opportunity to pay their share of insurance premiums for qualified benefits through a payroll reduction using before-tax dollars.

C. Concurrent with the implementation of the Premium Conversion Plan, the City agrees to match contributions made by employees to a supplemental life insurance program to a maximum of $7.00 per month. In order for an employee to take advantage of a City contribution, the employee must participate and contribute money to the program.
(FT-MOU 01-01-90)
D. The City provides employees with $50,000 life insurance plus $50,000 AD&D insurance.

E. The City pays a flat fee for Life Insurance of $4.91 bi -weekly for employee only and $5.06 for employee and dependents.

F. Employees shall participate in the City's Short -Term and Long-Term Disability (LTD) and shall pay the premium on the first $3,000 of monthly salary. The City shall be responsible for paying the premium on salary in excess of $3,000 per month.
(FT-MOU 12-25-04)
G. The City provides a short-term disability plan at 66 2/3% of weekly earnings for employees to a maximum of $1,154 per week.
(MOU 12-20-11)
H. The City provides a long-term disability plan at 66 2/3% of monthly earnings for employees to a maximum of $5,000 per month.
(FT-MOU 12-16-03)

I. The City and SEIU agree to meet no later than January 15, 2024 to evaluate supplemen ting the City’s short-term disability insurance. In the event that an agreement on supplemental short -term disability insurance cannot be reached by March 1, 2024, the City shall initiate the process for allowing SEIU members to opt into the State of Calif ornia State Disability Insurance (SDI) program.

As part of these discussions, the City will evaluate the amount of sick leave which will be allowed for the care of a family member on a related leave of absence.

For Part-Time (PT32) Employees:

A. The City provides employees with $25,000 life insurance plus $25,000 AD&D insurance.

B. The City provides a Premium Conversion Program, or Premium Only Plan/"POP", which provides employees the opportunity to pay their share of insurance premiums for qualified benefits th rough a payroll reduction using before-tax dollars.

C. A new part-time (PT32) employee shall be eligible for life and disability insurance upon his/her first day of employment.

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D. Employees shall participate in the City's Short -Term and Long-Term Disability (LTD) and shall pay the premium on the first $3,000 of monthly salary. The City shall be responsible for paying the premium on salary in excess of $3,000 per month.

E. The City and SEIU agree to meet no later than January 15, 2024 to evaluate supplementing t he City’s short-term disability insurance. In the event that an agreement on supplemental short -term disability insurance cannot be reached by March 1, 2024, the City shall initiate the process for allowing SEIU members to opt into the State of California State Disability Insurance (SDI) program.

Section 7.03 Post-Employment Health Plan
A. This section shall not be applicable to part-time (PT32) employees.

B. The City agreed to report to CalPERS the employer paid members contribution (EPMC) benefit as special compensation for retirement purposes for full-time employees, resulting in the elimination of the City’s $35 per month contribution to the Post Employment Health Plan. (MOU 04-03-18)
C. The City agrees to pay $4.62 per pay period to those employees who have existing Post Employment Heath Plan accounts with Nationwide.
(MOU 05-21-19)

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ARTICLE VIII. UNIFORMS AND EQUIPMENT
Section 8.01 Uniforms and Equipment; Improper Use
(See CAM 1976-2)
A. The provision listed below shall pertain to employees who are required to wear uniforms:

1. "If employees, during the normal course of their duties, are involved in an incident within their scope of employment wherein their personal property or equipment is damaged, destroyed or taken as a direct result of the incident, the employee may request the Department Head to investigate the facts surrounding the incident. If the Department Head is satisfied that the facts of the incident occurred within the scope of employment of the employee, and the employee was exercising good judgment at the time of the incident, s/he shall forward to the City Manager a report recommending just compensation."
B. Employees should refrain from wearing, during the normal course of their duties, valuable and expensive jewelry, as replacement cost may not fully compensate for the loss of the item in question .

Maximum replacement cost for glasses (prescription or sun) shall be one hundred and twenty -five dollars ($125) and for all other items seventy-five dollars ($75). (FT-MOU 12-16-03)
C. The improper use of City equipment and/or uniforms for other than City work shall constitute an illegal use of public property and appropriate disciplinary action shall be taken against violators. (FT-MOU 01-01-76)
Section 8.02 Uniform Allowance
For “classic” employees, as defined by PEPRA, for CalPERS purposes, the value of City -provided uniforms will be determined by using the average per pay period cost of said uniforms, for personnel required by this MOU to wear a uniform. The average cost will be calculated by using the annual fiscal year contractual rate from the current provider of uniforms (for all eligible personnel), dividing that annual cost by the number of eligible personnel, and dividing that result by the number of pay periods in the fiscal year. The per pay period average cost will be updated as needed based upon the provider’s contractual rate for the previous fiscal year.
(MOU 03-05-13)
For Full-Time (FT) Employees:

A. Field employees, except Fleet Services and Wastewater, will be provided five changes of uniforms per week. Either coveralls or shirts and trousers may be worn at the option of the employee. Parks employees wearing shirts and trousers will also be provided with up to two sets of coveralls. The necessity for the second set of coveralls is to be determined at the discretion of the department head. All field personnel will be required to wear the uniform at all times unless the wearing of the uniform would be hazardous to a particular type of work. (MOU 12-17-13)

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B. Fleet Services and Wastewater plant employees will be provided with three changes of coveralls .

Utilities Department field employees shall wear uniform shirts and trousers, which the City shall provide and launder.

C. All field employees, except employees in the Utilities Department, shall wear uniform shirts, which the City shall continue to provide and launder. The City shall no longer provide or launder uniform pants, except for safety related circumstances . Non-Utilities Department employees shall provide and wear solid blue pants or blue jeans.

D. The City agrees to allow supervisory employees in the Streets and Facilities Division, Parks Division, and Utilities the option not to wear uniforms. Employees shall declare in advance to exercise the option not to wear uniforms for the term of the agreement.

E. The City agrees to discontinue the requirement for the following classifications in the Police Department to wear uniforms: Account Clerk, Administrative Assistant and Office Assistant. (MOU 05-21-19)
F. The City will furnish each new employee assigned to the Records Bureau who is required to wear a uniform, an initial issue of uniforms consisting of five navy blue polo shirts (any combination of long/short sleeve), five pairs of black pants (Dockers, Dickeys, Riders or other brand acceptable to Police Administration, one black cardigan style sweater and a name tag. The City agrees to replace normally worn/damaged polo shirts, pants, and sweater as needed upon inspection and approval by a management-level supervisor; with a maximum replacement of any combination of five shirts/pants and one sweater per fiscal year. Employees shall be responsible for the upkeep and maintenance of said uniform.
(MOU 11-03-09)
G. The City will furnish Property/Evidence Clerks with two uniform polo shirts and two uniform pants, and the City agrees to replace normally worn or uniforms that are damaged while in the line of duty, on an ongoing basis as approved by the department head.

H. The City will furnish each Park Services Officer an initial issue of uniforms consisting of two uniform shirts, two polo shirts, two trousers, one jacket, one utility belt, and the appropriate body armor . Park Services Officers will be required to wear the uniform at all times, and they will be responsible for the upkeep and maintenance of said uniform, and the City agrees to replace normally worn or uniforms that are damaged while in the line of duty, on an ongoing basis as approved by the department head.

I. The City will furnish the Code Compliance Supervisor and each Code Compliance Officer with an initial issue of uniforms consisting of two uniform shirts, two polo shirts, two trousers, one jacket, one utility belt, and the appropriate body armor, and the City agrees to replace normally worn or uniforms that are damaged while in the line of duty, on an ongoing basis as approved by the department head. The Code Compliance Supervisor and Code Compliance Officers will be required to wear the uniform at all times, and they will be responsible for the upkeep and maintenance of said uniform. The City agrees to provide a pro -rated bi-weekly uniform allowance of $15.38 to the Code Compliance Supervisor and each Code Compliance Officer on a paid status in acknowledgement of the costs incurred for the maintenance, upkeep, and replacement cost of the uniform. The City will furnish the Code Compliance Technician with an initial issue of uniforms

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consisting of two uniform shirts, two polo shirts, two trousers, and the City agrees to replace normally worn or uniforms that are damaged while in the line of duty, on an ongoing basis as approved by the department head. Employees shall be responsible for the upkeep and maintenance of said uniform.
(Side Letter 09-06-13)
J. The personal maintenance uniform allowance for the above employees shall terminate on the 31st consecutive calendar day of absences.
(MOU 01-18-11)
For Part-Time (PT32) Employees:

A. Field employees will be provided five changes of uniforms per week . Either coveralls or uniform shirts may be worn at the option of the employee. The City will not launder City issued shirts.

B. Those wearing shirts will also be provided with one set of coveralls . All field personnel will be required to wear the uniform at all times unless the wearing of the uniform would be hazardo us to a particular type of work. Fleet Services employees will be provided with three changes of coveralls.

C. Except for safety related circumstances, the City shall not provide or launder uniform pants as they shall provide and wear solid blue pants or blue jeans.

Section 8.03 Tool Replacement
A. The City will adopt a policy providing for the replacement of hand tools belonging to the employees which are lost, stolen, or broken unless said broken tools are not replaced by the manufacturer, providing they were not lost, stolen, or broken due to carelessness on the part of the employee. (FT-MOU 01-01-76)
B. Employees should have approval of their supervisor prior to using personal hand tools for City business.

C. Employees should have no expectation of using City tools for personal use or capital gain. See Section 8.01 regarding the improper use of City equipment and uniforms. (MOU 04-03-18)
Section 8.04 Work Footwear
A. In order to help reduce potential work-related foot injuries, based upon recommendations of the City Safety Committee, the following policy, pertaining to appropriate work footwear, shall be as follows:

1. Appropriate work foot protection shall be worn by field and shop employees who are exposed to potential foot injuries from hot, corrosive, poisonous substances, falling objects, crushing, or penetrating actions.

2. Work footwear not appropriate and/or not approved shall be tennis shoes, sandals, "deck shoes", canvas shoes, athletic shoes, open toe shoes, and any other shoe easily penetrated. (MOU 02-17-15)

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3. The City agrees to reimburse employees required to wear appropriate footwear, as defined in this section, for the replacement cost or resoling of one pair of work boots within 60 days of incurring cost, up to a maximum of $250 per calendar year. (MOU 02-07-24)
a. Those eligible employees assigned to the asphalt or concrete crews in the Department of Public Works or field staff in the Department of Utilities are authorized to purchase an additional pair of boots should their first pair be damaged, and the integrity of the boots has been compromised within the normal course of work. If the damage was caused by a careless act or a non-hazardous activity at the fault of the employee, the replacement cost will be the responsibility of said employee. Subject to inspection and approval by the Division Manager, the City agrees to reimburse these employees for a second pair of boots up to a maximum of $250 per calendar year.
(MOU 02-07-24)
The following classifications are eligible for footwear reimbursement pursuant this section:

Full-Time (FT):
 Account Clerk - Scale House
 Building Inspector I/II
 Chief Building & PW Inspector
 Crew Leader/Maintenance Specialist
 Code Compliance Officer I/II
 Electrician II
 Equipment Mechanic I/II
 Engineer I/II/III (assigned to field duties)
 Facilities Supervisor
 Field Mechanic
 Fleet Services Supervisor
 Groundskeeper
 Laboratory Coordinator
 Landfill Heavy Equipment Lead Operator
 Landfill Heavy Equipment Operator
 Landfill Heavy Equipment Operator II
 Lead Mechanic
 Lead Wastewater & Water Operator
 Maintenance Worker I/II
 Park & Forest Supervisor
 Park Services Officer II/III
 Public Works Inspector

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 Public Works Technician I/II
 Regulatory Compliance Specialist
 Regulatory Compliance Specialist II
 Regulatory Compliance Supervisor
 Senior Civil Engineer (assigned to field duties)
 Senior Crew Leader/Maintenance Specialist (assigned to Parks, Streets or Facilities)  Senior Park Services Officer
 Senior Traffic Signal Technician
 Solid Waste Equipment Crew Leader
 Solid Waste Equipment Lead Operator
 Solid Waste Equipment Operator I/II
 Solid Waste Collections Supervisor
 Solid Waste Landfill Supervisor
 Special Districts Coordinator
 Special Districts Technician
 Special Districts Supervisor
 Street Maintenance Supervisor
 Traffic Signal Technician
 Utilities Outreach Specialist
 Utilities Technology Analyst
 Wastewater Operator
 Wastewater Operator Trainee
 Wastewater Supervisor
 Water Conservation Specialist
 Water Operator
 Water Operator Trainee
 Water Resources Operator
 Water Resources Lead Operator
 Water Supervisor
 Water Systems Operator I/II
Part-Time (PT32):
 Facility Specialist II/III (Vector Control)
 Laborer III
 Park Services Officer
 Security Guard

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ARTICLE IX. GRIEVANCES
Section 9.09 Grievances
A. The purpose of this Article is to provide an orderly method for the settlement of a dispute between the City and its employees. Such a dispute shall be defined as a grievance and must be presented within thirty (30) calendar days of the date it occurred or within thirty (30) calendar days of the date the employee could reasonably be expected to have knowledge of the occurrence. An employee may request the assistance of another person of his/her own choosing in preparing and present ing his/her appeal at any level of review. Except for circumstances covered by Section 10.08, grievances shall not be completed during an employee’s work hours or using City equipment. (MOU 05-21-19)
B. All grievances shall be submitted on forms provided by t he City.

C. Should the employee or the City at any step of the grievance require additional time to reply within the stipulated time period, the party requiring the additional time shall notify the other party. A thirty (30) day maximum extension is all that will be allowed unless agreed to by both parties.

D. Grievances shall be processed in accordance with the following steps, time limits, and conditions herein set forth:

1. Grievance shall be submitted in writing to the immediate supervisor who shall promptly mee t and discuss grievance with the employee and reply within ten (10) calendar days.

2. In the event the decision of the immediate supervisor does not satisfy the grievance, it may be appealed in writing within ten (10) calendar days to the department head who shall within ten (10) calendar days meet and discuss the grievance with the employees. The department head shall reply within ten (10) calendar days his decision and reply in writing.

3. In the event the employee decides to appeal the department head’s decision and request the services of a mediator from the State Mediation and Conciliation Service (SMCS) to assist in mediating the grievance, the employee must address their request in writing to the City Manager within seven (7) calendar days following the date the employee is informed of the department head’s decision. Any fees or expenses associated with having SMCS provide a mediator shall be borne equally by the employee and the City.

4. In the event that the mediation session does not satisfy the grieva nce, it may be appealed to the City Manager within seven (7) calendar days following the mediation session. The City Manager shall either act as the Hearing Officer in this appeal or appoint a Hearing Officer in his absence. The Hearing Officer shall meet and discuss the grievance with the employee and shall reply at the earliest possible date.

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5. However, either the City or the Union may request in writing an alternate hearing officer. This alternative hearing officer shall be chosen with agreement of the Ci ty and the Union. If an agreement cannot be reached in ten (10) calendar days after the appeal is filed, the City will request a list of seven (7) experienced hearing officers from the State Mediation and Conciliation Service. Starting with the Union, the hearing officers will be struck from the list until only one remains who will hear the appeal. The cost of the alternative hearing officer will be borne equally by the City and the Union.

6. The hearing officer shall conduct the hearing as soon as possible at a time and place convenient to the parties and witnesses.

E. At the conclusion of the hearing, the hearing officer shall submit findings and an advisory recommendation to the City Manager in a timely manner. The City Manager shall, after weighing all the evidence and the findings of the hearing officer, make the final determination of the appeal and submit it in writing to the employee and his/her designated representative within thirty (30) calendar days after receiving the findings from the hearing officer. The City Manager may, if deemed necessary, conduct further evidentiary proceedings upon mutual agreement of the parties. The decision of the City Manager or, if a decision is not served by the City Manager within the thirty (30) days specified, the decision of the hearing officer, shall be final. If the City Manager is the hearing officer, the findings and decision of the City Manager shall be final.

1. However, in the event that the City Manager’s decision over -rides the recommendation by the Hearing Officer, then said Hearing Officer fees or expenses shall be borne by the City.

F. The above grievance procedure is not to be used for the following: achieving changes in wages, hours and working conditions; challenging the content of employee evaluations or perform ance reviews; challenging the decision to reclassify, layoff, deny reinstatement, or deny a step or merit increase to an employee unless it violates an expressed provision of the MOU or law; challenging discipline, including, but not limited to oral reprimand, written reprimand, punitive transfer, reduction in pay, demotion, suspension, or termination; or challenging examinations or the appointment to positions unless it violates an expressed provision of the MOU or law.

G. Procedures for pursuing complaints related to the above paragraph may vary. Employees are encouraged to contact their local Union Steward for representation through the Labor/Management Committee.

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ARTICLE X. SPECIAL PROVISIONS
Section 10.01 Personnel Files
(See City Code Sec. 2-20.23)
An employee shall be given access to any and all information in their own personnel file. Employees shall give reasonable notice to the City Manager’s Office prior to reviewing the personnel file. (FT-MOU 12-15-01)
Section 10.02 Management Personnel
Management personnel shall be redefined as spelled out by Resolution with specific classifications restricted from representing or being represented by the Employees' Union. Those classifications shall include those listed in the Schematic List of Classes, department, and division heads, of the Salary Classification Plan and shall additionally include the confidential classes as listed in the Schematic List of Classes.
(FT-MOU 12-16-03)
Section 10.03 Safety
(See CAM 1983-1)
A. The Employees' Union will actively participate in all phases of an employee safety program which shall provide appropriate controls for dealing with repeated violations of the established safety regulations.
(FT-MOU 01-01-76)

1. The City will provide Fit testing and the appropriate respirator in accordance with OSHA standards for those employees deemed required by the Department Head or his/her designee.

Those employees will be required to maintain the same fit as was tested for the appropriate fit and usage of the respirator.
(MOU 05-21-19)
Section 10.04 Changing Employee Representation Groups
Any time an employee changes from one employee group to another, that employee will be covered by the provisions of the Memorandum of Understanding regarding the new employee group if app licable and the employee gives up any claim to the Memorandum of Understanding provisions of the employee’s old group.
(FT-MOU 01-01-79)
Section 10.05 Slow Down, Work Stoppage or Strike
The SEIU, does not condone a slowdown, work stoppage, or strike by its members or by the union; and if such does occur, that immediate disciplinary action will be taken by the City Manager toward the individuals. If a slowdown, work stoppage, or strike does occur, the SEIU will immediately call a meeting of its membership to determine the reasons for such action, explain the proper procedure for handling

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grievances, and then meet with the City's representatives through the Meet and Confer process in an attempt to resolve the issue.
(FT-MOU 01-01-88)
Section 10.06 Management Rights and Responsibilities
A. Management Rights: The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provisions of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of Management, as they are not abridged by this agreement or by law, shall include but not be limited to, the following right s:

1. To manage the City generally and to determine the issues of policy.

2. To determine the existence or non -existence of facts which are the basis of the management decision.

3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services.

4. To determine the nature, manner, means, technology, and extent of services to be provided to the public.

5. To determine methods of financing.

6. To determine types of equipment or technology to be used.

7. To determine and/or change the facilities, methods, technology, means, organizational structure, size, and composition of the work force, and allocate and assign work by which the City operations are to be conducted.

8. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract or subcontract any work or operation of the City.

9. To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice.

10. To lay off employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive.

11. To establish and modify productivity and performance programs and standards.

12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause.

13. To determine minimum qualifications, skills, abilities, knowledge, selection procedures and standards, job classifications, and to reclassify employees in accordance with this Memorandum of Understanding and applicable resolutions and codes of the City.

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14. To establish reasonable employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.

15. To maintain order and efficiency in its facilities and operations.

16. To establish and promulgate and/or modify rules and regulations to maintain order and safety and health in the City which are not in contravention with this Agreement.

17. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in this Memorandum of Understanding.

18. To take any and all necessary action to carry out the mission of the Agency in emergencies.

B. Authority of Third-Party Neutral: All management rights, powers, authority, a nd functions, whether heretofore or hereinafter exercised, shall remain vested exclusively with the City. No third-party neutral shall have the authority to diminish any of the management rights which are included in this section.

C. Impact of Management Rights: Where required by law, the City agrees prior to implementation to meet and confer with the union over the impact of the exercise of a management right upon wages, hours, and other terms and conditions of employment of its members unless the impact consequences of the exercise of a management right upon the union members is provided for in this Memorandum of Understanding, Personnel Rules and Regulations, or Departmental Rules and Regulations.
(FT-MOU 01-03-98)
Section 10.07 Union Information
The City will provide a list of all new full-time (FT) and part-time (PT32) hires that would be eligible for union membership to the union with the first full pay period “dues deduction report” which follows the new employee’s date of hire. The list will include the name of the employee, classification, and department/division of the new hire.

Section 10.08 Union Business
A. The City recognizes the importance of union business and will allow Union bargaining team members or stewards a reasonable amount of paid on -duty time to conduct union business for activities such as negotiations and grievance resolution . Such use of paid on-duty time shall be subject to reasonable notice for advance approval by the appropriate supervisor(s) or manager(s) on the basis that it shall not interfere with mission critical operations. Although management will not unreasonably deny such requests, management does retain its rights under this MOU to direct the daily operations and work assignments . In addition, the City prevails on department heads to recognize and respect the union's need to conduct union business.

B. Activities concerned with the internal affairs of the Union not otherwise specified herein, such as collecting dues, holding membership meetings, campaigning for office, conductin g elections, and distributing literature, etc., shall not be conducted during working hours, unless otherwise authorized by the City Manager.
(FT-MOU 12-25-04)

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C. The City agrees to allow Union Stewards and new employees up to thirty minutes on paid City time to meet within the first week of the new hire’s employment to discuss union membership. Union Staff may participate in this meeting.
(FT-MOU 01-03-98)
Section 10.09 Salary Survey Procedure
The City and the Union agree to discuss salary survey procedures in future labor management discussions. Changes to salary survey procedures shall be by mutual agreement only. (MOU 05-21-19)
(Side Letter 2020-02)
Section 10.10 Prior and Existing Conditions
Except as herein modified, there shall be no change in wages, hours, or working conditions set forth in this Memorandum of Understanding unless changes are made by mutual consent of the parties. (FT-MOU 1-15-08)
Section 10.11 Pre-Emptive Laws
It is understood and agreed that this extension of the current Memorandum of Understanding is subject to all current and future applicable Federal and State laws, City ordinances, and Federal and State regulations. If any Article, article, section, sub-article, sentence, clause, phrase or portion of this Memorandum of Understanding or any addition, addendum or exhibit, thereto should be held invalid or unenforceable by operation of law, or by any tribunal or office of competent jurisdiction, or if compliance with or enforcement of any Article, article, sub-article, section, sentence, clause, phrase or portion of this Memorandum of Understanding should be retained by such tribunal or office, the remainder of this document shall not be affected thereby, and the parties shall enter into the Meet and Confer process for the purpose of arriving at a mutually satisfactory replacement for such Article or section. (FT-MOU 12-16-03)
Section 10.12 Use of Employee Benefits
No employee shall be discriminated against because of the legitim ate use of any right, privilege, or benefit. Employees shall not be judged "de facto" violators of any policy, procedure, or practice without substantiation.
(FT-MOU 01-01-86)
Section 10.13 Investigation Timeframe
When appropriate and without compromising an investigation, the City will make every reasonable effort to continue to keep employees who are the subject of an investigation continually apprised as to the status of the investigation throughout the process and will notify them when the investigation has concluded.

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Section 10.14 Working with Chemicals
Employees working with toxic chemicals shall be provided a physical examination at City expense . The need for subsequent physical examinations will be determine d by the City upon a review of the examining physician’s conclusions.

Section 10.15 Release Notices for Negotiations
Unless otherwise agreed to, the City agrees to provide release notices for no more than six full -time and two part-time unit members per negotiation session.

Section 10.16 Americans with Disabilities Act (ADA)
The City and SEIU acknowledge the passage of the Americans with Disabilities Act . It is agreed that the City shall take all necessary actions to comply with the provisions of this act. If necessary, sections of this Memorandum of Understanding and/or the City personnel rules may be suspended in order to achieve compliance.

Section 10.17 Maintenance of Membership
A. Maintenance of Membership: Both the City and the Union acknowledge and agree that employees may join and become dues paying union members at any time without restriction . Employees who are members of the Union on the effective date of any new contract or join the Union during the term of the contract retain the right to withdraw their membership only during the first payroll period beginning in October annually. Withdrawal must be requested in writing, addressed to SEIU Local 620, 350 S. Hope Avenue Suite A-103, Santa Barbara, California, 93105. (MOU 02-07-24)
B. Union Indemnification: The Union shall indemnify, defend, and hold the City, its officers, agents, and employees from and against any and all claims, demands, losses, defense costs, or liability of any kind or nature which the City, its officers, agents, and employees may sustain or incur, or which may be imposed upon them relating to the City’s compliance with the union dues obligation including claims relating to the Union’s use of monies collected under these provisions. The City and the Union shall mutually approve of any attorney representing the named party and approval shall not be unreasonably withheld.
(MOU 05-21-19)
C. Conformance With Law: The Union and City represents that the collection, administration, and use of union dues shall be in conformance with State and Federal law. (MOU 05-21-19)
Section 10.18 Labor/Management Committee
The City and SEIU agree to meet in a joint Labor/Management Committee on an as -needed basis as mutually agreed by the City and SEIU to discuss issues of mutual importance , including but not limited to:

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 CalPERS compliance and clean up language,
 Supplemental short-term disability insurance or SDI membership,  Equity adjustments, and
 Split Shifts.
(MOU 02-07-24)

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CITY OF SANTA MARIA SEIU

_________________________________ _______________________________ Date Date

_________________________________ _______________________________ Che Johnson, Co-Chief Negotiator Nicole Bryant, Chief Negotiator

_________________________________ _______________________________ Kayleigh McLeod, Div. Chief – E&L Relations Daniel Vegezzi, Solid Waste

_______________________________
Joe Hall, Public Works – Facilities

_______________________________
David Rodriguez, Recreation & Parks - Recreation

_______________________________
Trinidad Ramos, Recreation & Parks - Recreation

_______________________________
Carmen Alvarez, Library, Part-Time

_______________________________
Cody Graybehl, Community Development

_______________________________
Antonio Quintanar, Recreation & Parks - Rangers

_______________________________
Gavin Harrington, Utilities - Water

City of Santa Maria
Schematic Full-Time Bi-Weekly Rates
Effective 02/20/2024
Grade Description Assoc.Step A Step B Step C Step D Step E 322 ACCOUNT CLERK - SCALE HOUSE g 1,792.84 1,882.48 1,976.60 2,075.43 2,179.20 324 ACCOUNT CLERK I g 1,749.07 1,836.52 1,928.35 2,024.77 2,126.01 323 ACCOUNT CLERK II g 1,934.36 2,031.08 2,132.63 2,239.26 2,351.22 370 ACCOUNTING TECHNICIAN I g 2,124.16 2,230.37 2,341.89 2,458.98 2,581.93 371 ACCOUNTING TECHNICIAN II g 2,342.40 2,459.52 2,582.50 2,711.63 2,847.21 374 ACCOUNTING TECHNICIAN III g 2,459.51 2,582.49 2,711.61 2,847.19 2,989.55 367 ADMINISTRATIVE ASSISTANT g 2,331.53 2,448.11 2,570.52 2,699.05 2,834.00 447 ARFF SPECIALIST I f 2,660.59 2,793.62 2,933.30 3,079.97 3,233.97 448 ARFF SPECIALIST II f 2,926.60 3,072.93 3,226.58 3,387.91 3,557.31 176 ASSISTANT CITY ATTORNEY (Org Leader Broadband -
Non Safety)m 5,913.48 ---9,855.79
146 ASSISTANT CITY MANAGER (Corp Leader Broadband -
Non Safety)m 7,490.39 ---11,432.70
203 ASSISTANT PLANNER g 2,386.39 2,505.71 2,631.00 2,762.55 2,900.68 008 ASSISTANT TO THE CITY MANAGER m 4,259.48 4,472.45 4,696.07 4,930.87 5,177.41 204 ASSOCIATE PLANNER g 3,010.89 3,161.43 3,319.50 3,485.48 3,659.75 176 ASST DIR OF RECREATION & PARKS (Org Leader
Broadband - Non Safety)m 5,913.48 ---9,855.79
388 AUTOMOTIVE SERVICE WRITER g 2,533.34 2,660.01 2,793.01 2,932.66 3,079.29 140 BUILDING DIVISION MANAGER m 4,636.18 4,867.99 5,111.39 5,366.96 5,635.31 217 BUILDING INSPECTOR I g 2,517.25 2,643.11 2,775.27 2,914.03 3,059.73 220 BUILDING INSPECTOR II g 2,775.92 2,914.72 3,060.46 3,213.48 3,374.15 347 BUILDING PERMIT TECHNICIAN I g 2,156.35 2,264.17 2,377.38 2,496.25 2,621.06 348 BUILDING PERMIT TECHNICIAN II g 2,386.65 2,505.98 2,631.28 2,762.84 2,900.98 173/174/
175/181 BUSINESS PROGRAM LEADER (Broadband)m 3,293.94 ---5,995.48 164 BUSINESS SYSTEMS ANALYST m 3,660.08 3,843.08 4,035.23 4,236.99 4,448.84 230 CAD TECHNICIAN g 2,643.52 2,775.70 2,914.49 3,060.21 3,213.22 264 CHIEF BUILDING INSPECTOR g 3,059.46 3,212.43 3,373.05 3,541.70 3,718.79 130 CHIEF DEPUTY CITY CLERK m 4,123.90 4,330.10 4,546.61 4,773.94 5,012.64 146 CHIEF HUMAN RESOURCES OFFICER (Corp Leader
Broadband - Non Safety)m 7,490.39 ---11,432.70
146 CHIEF INFORMATION OFFICER (Corp Leader
Broadband - Non Safety)m 7,490.39 ---11,432.70
150 CHIEF OF POLICE (Corp Leader Broadband - Safety)psmp 7,923.08 ---11,884.62 226 CHIEF PUBLIC WORKS INSPECTOR g 2,680.06 2,814.06 2,954.76 3,102.50 3,257.63 146 CITY ATTORNEY (Corp Leader Broadband - Non
Safety)m 7,490.39 ---11,432.70
179 CITY MANAGER (Broadband)m 9,300.97 ---13,244.30
166 CODE ENFORCEMENT OFFICER I g 2,327.73 2,444.12 2,566.33 2,694.65 2,829.38 167 CODE ENFORCEMENT OFFICER II g 2,541.92 2,669.02 2,802.47 2,942.59 3,089.72 165 CODE ENFORCEMENT SUPERVISOR g 3,059.60 3,212.58 3,373.21 3,541.87 3,718.96 168 CODE ENFORCEMENT TECHNICIAN g 1,872.00 1,965.60 2,063.88 2,167.07 2,275.42 211 COMMUNITY PROGRAMS MANAGER m 3,980.76 4,179.80 4,388.79 4,608.23 4,838.64 340 CONFIDENTIAL OFFICE CLERK I m 1,498.86 1,573.80 1,652.49 1,735.11 1,821.87 341 CONFIDENTIAL OFFICE CLERK II m 1,656.07 1,738.87 1,825.81 1,917.10 2,012.96 311 CONFIDENTIAL SECRETARY m 2,071.30 2,174.87 2,283.61 2,397.79 2,517.68 343 CONFIDENTIAL TECHNICIAN I m 2,071.30 2,174.87 2,283.61 2,397.79 2,517.68 344 CONFIDENTIAL TECHNICIAN II m 2,283.61 2,397.79 2,517.68 2,643.56 2,775.74 346 CONFIDENTIAL TECHNICIAN III m 2,643.57 2,775.75 2,914.54 3,060.27 3,213.28 146 CORPORATE/EXECUTIVE LEADER - NON SAFETY
(Broadband)m 7,490.39 ---11,432.70
150 CORPORATE/EXECUTIVE LEADER - SAFETY
(Broadband)psm 7,923.08 ---11,884.62
265 CREW LEADER/MAINTENACE SPECIALIST g 2,280.46 2,394.48 2,514.20 2,639.91 2,771.91 298 CRIME ANALYST g 2,729.57 2,866.05 3,009.35 3,159.82 3,317.81 421 CRIME LAB AND EVIDENCE SUPV pn 4,157.81 4,365.70 4,583.99 4,813.19 5,053.85 417 CRIMINALISTICS TECHNICIAN I pn 2,594.47 2,724.19 2,860.40 3,003.42 3,153.59 418 CRIMINALISTICS TECHNICIAN II pn 3,363.72 3,531.91 3,708.51 3,893.94 4,088.64 Bi-Weekly Rates
02/20/2024

Page 1 of 4 ends

Attachment C

City of Santa Maria
Schematic Full-Time Bi-Weekly Rates
Effective 02/20/2024
Grade Description Assoc.Step A Step B Step C Step D Step E Bi-Weekly Rates
331 CUSTOMER SERVICE CLERK g 1,506.06 1,581.36 1,660.43 1,743.45 1,830.62 389 CUSTOMER SERVICE TECHNICIAN g 2,193.40 2,303.07 2,418.22 2,539.13 2,666.09 373 DEPUTY CITY CLERK m 2,293.49 2,408.16 2,528.57 2,655.00 2,787.75 009 DEPUTY CITY MANAGER m 5,668.53 5,951.96 6,249.56 6,562.04 6,890.14 176 DEPUTY DIRECTOR - SOLID WASTE (Org Leader
Broadband - Non Safety)m 5,913.48 ---9,855.79
178 DEPUTY FIRE CHIEF (Org Leader Broadband- Safety)psmf 6,140.39 ---10,101.93 424 DIGITAL FORENSICS EXAMINER pn 3,628.46 3,809.88 4,000.37 4,200.39 4,410.41 146 DIR OF COMMUNITY DEVELOPMENT (Corp Leader
Broadband - Non Safety)m 7,490.39 ---11,432.70
146 DIR OF PUBLIC WORKS (Corp Leader Broadband -
Non Safety)m 7,490.39 ---11,432.70
146 DIR OF RECREATION & PARKS (Corp Leader
Broadband - Non Safety)m 7,490.39 ---11,432.70
146 DIRECTOR OF FINANCE (Corp Leader Broadband -
Non Safety)m 7,490.39 ---11,432.70
146 DIRECTOR OF UTILITIES (Corp Leader Broadband -
Non Safety)m 7,490.39 ---11,432.70
319 DISPATCHER I pn 2,528.10 2,654.51 2,787.24 2,926.60 3,072.93 320 DISPATCHER II pn 2,932.60 3,079.23 3,233.19 3,394.85 3,564.59 302 ENGINEER I g 3,060.17 3,213.18 3,373.84 3,542.53 3,719.66 303 ENGINEER II g 3,373.86 3,542.55 3,719.68 3,905.66 4,100.94 317 ENGINEER III g 3,719.70 3,905.69 4,100.97 4,306.02 4,521.32 231 ENGINEERING TECH II g 2,382.31 2,501.43 2,626.50 2,757.83 2,895.72 232 ENGINEERING TECH III g 2,643.52 2,775.70 2,914.49 3,060.21 3,213.22 228 EQUIPMENT MECHANIC I g 2,200.20 2,310.21 2,425.72 2,547.01 2,674.36 225 EQUIPMENT MECHANIC II g 2,371.09 2,489.64 2,614.12 2,744.83 2,882.07 190 EXECUTIVE ASSISTANT m 2,813.95 2,954.65 3,102.38 3,257.50 3,420.38 253 FACILITIES SUPERVISOR g 3,208.25 3,368.66 3,537.09 3,713.94 3,899.64 281 FIELD MECHANIC g 2,492.31 2,616.93 2,747.78 2,885.17 3,029.43 332 FINANCE CLERK I g 1,792.86 1,882.50 1,976.63 2,075.46 2,179.23 333 FINANCE CLERK II g 1,977.00 2,075.85 2,179.64 2,288.62 2,403.05 329 FINANCE LEAD CLERK g 2,174.74 2,283.48 2,397.65 2,517.53 2,643.41 449 FIRE BATTALION CHIEF psmf 5,715.06 6,000.81 6,300.85 6,615.89 6,946.68 450 FIRE CAPTAIN f 3,681.37 3,865.44 4,058.71 4,261.65 4,474.73 189 FIRE CHIEF (Corp Leader Broadband - Safety)psmf 7,923.08 ---11,884.62 451 FIRE ENGINEER f 3,233.58 3,395.26 3,565.02 3,743.27 3,930.43 452 FIRE FIGHTER f 2,926.60 3,072.93 3,226.58 3,387.91 3,557.31 453 FIRE FIGHTER IN TRAINING f 2,191.45 2,301.02 2,416.07 2,536.87 2,663.71 443 FIRE INSPECTOR I f 2,553.12 2,680.78 2,814.82 2,955.56 3,103.34 444 FIRE INSPECTOR II f 2,814.83 2,955.57 3,103.35 3,258.52 3,421.45 446 FIRE MARSHAL m 5,581.96 5,861.06 6,154.11 6,461.82 6,784.91 295 FIRE PREVENTION OFFICER I f 2,660.59 2,793.62 2,933.30 3,079.97 3,233.97 296 FIRE PREVENTION OFFICER II f 2,926.60 3,072.93 3,226.58 3,387.91 3,557.31 254 FLEET SERVICES SUPERVISOR g 3,368.69 3,537.12 3,713.98 3,899.68 4,094.66 182 GIS ANALYST g 3,608.37 3,788.79 3,978.23 4,177.14 4,386.00 299 GIS MANAGER m 3,552.69 3,730.32 3,916.84 4,112.68 4,318.31 192 GIS TECHNICIAN I g 2,811.50 2,952.08 3,099.68 3,254.66 3,417.39 193 GIS TECHNICIAN II g 3,099.67 3,254.65 3,417.38 3,588.25 3,767.66 372 GRANTS SPECIALIST I g 2,454.82 2,577.56 2,706.44 2,841.76 2,983.85 378 GRANTS SPECIALIST II g 2,706.46 2,841.78 2,983.87 3,133.06 3,289.71 209 GROUNDSKEEPER g 1,663.99 1,747.19 1,834.55 1,926.28 2,022.59 400 HEAVY EQUIPMENT MECHANIC g 2,692.55 2,827.18 2,968.54 3,116.97 3,272.82 401 HOUSING & COMMUNITY SERVICE TECHNICIAN g 2,386.65 2,505.98 2,631.28 2,762.84 2,900.98 423 INVESTIGATIVE SPECIALIST pn 2,515.88 2,641.67 2,773.75 2,912.44 3,058.06 426 INVESTIGATIVE SPECIALIST I (Flex)pn 2,515.88 2,641.67 2,773.75 2,912.44 3,058.06 427 INVESTIGATIVE SPECIALIST II (Flex)pn 2,773.76 2,912.45 3,058.07 3,210.97 3,371.52 286 LABORATORY COORDINATOR g 2,962.75 3,110.89 3,266.43 3,429.75 3,601.24 275 LANDFILL HEAVY EQUIP LEAD OPR g 2,590.59 2,720.12 2,856.13 2,998.94 3,148.89 274 LANDFILL HEAVY EQUIP OPR g 2,349.69 2,467.17 2,590.53 2,720.06 2,856.06 02/20/2024

Page 2 of 4 ends

City of Santa Maria
Schematic Full-Time Bi-Weekly Rates
Effective 02/20/2024
Grade Description Assoc.Step A Step B Step C Step D Step E Bi-Weekly Rates
276 LANDFILL HEAVY EQUIP OPR II g 2,467.17 2,590.53 2,720.06 2,856.06 2,998.86 432 LEAD CUSTOMER SERVICE TECHNICIAN g 2,618.05 2,748.95 2,886.40 3,030.72 3,182.26 282 LEAD MECHANIC g 2,747.81 2,885.20 3,029.46 3,180.93 3,339.98 425 LEAD POLICE SERVICE TECHNICIAN pn 2,629.14 2,760.60 2,898.63 3,043.56 3,195.74 307 LEAD WASTEWATER OPERATOR g 3,090.40 3,244.92 3,407.17 3,577.53 3,756.41 308 LEAD WATER OPERATOR g 3,090.40 3,244.92 3,407.17 3,577.53 3,756.41 428 LEGAL OFFICE SPECIALIST - CONFIDENTIAL m 2,643.57 2,775.75 2,914.54 3,060.27 3,213.28 350 LIBRARIAN I g 2,289.79 2,404.28 2,524.49 2,650.71 2,783.25 248 LIBRARIAN II g 2,529.93 2,656.43 2,789.25 2,928.71 3,075.15 147 LIBRARIAN III m 4,063.59 4,266.77 4,480.11 4,704.12 4,939.33 352 LIBRARY ASSISTANT I g 1,932.62 2,029.25 2,130.71 2,237.25 2,349.11 354 LIBRARY ASSISTANT II g 2,130.99 2,237.54 2,349.42 2,466.89 2,590.23 351 LIBRARY CLERK g 1,506.06 1,581.36 1,660.43 1,743.45 1,830.62 146 LIBRARY DIRECTOR (Corp Leader Broadband - Non
Safety)m 7,490.39 ---11,432.70
353 LIBRARY TECHNICIAN g 2,125.23 2,231.49 2,343.06 2,460.21 2,583.22 244 MAINTENANCE WORKER I g 1,794.91 1,884.66 1,978.89 2,077.83 2,181.72 240 MAINTENANCE WORKER II g 1,934.36 2,031.08 2,132.63 2,239.26 2,351.22 330 OFFICE ASSISTANT I g 1,506.06 1,581.36 1,660.43 1,743.45 1,830.62 328 OFFICE ASSISTANT II g 1,663.99 1,747.19 1,834.55 1,926.28 2,022.59 176 ORGANIZATIONAL / ENTERPRISE LEADER - NON
SAFETY (Broadband)m 5,913.48 ---9,855.79
177 ORGANIZATIONAL / ENTERPRISE LEADER -
SAFETY (Broadband)psm 6,140.39 ---10,101.93
382 OUTREACH COORDINATOR g 2,156.35 2,264.17 2,377.38 2,496.25 2,621.06 183 PARK SERVICE OFFICER g 1,841.76 1,933.85 2,030.54 2,132.07 2,238.67 238 PARK SERVICES OFFICER II g 2,234.79 2,346.53 2,463.86 2,587.05 2,716.40 283 PARK SERVICES OFFICER III g 2,726.43 2,862.75 3,005.89 3,156.18 3,313.99 268 PARKS & FOREST SUPERVISOR g 3,181.43 3,340.50 3,507.53 3,682.91 3,867.06 430 PEG PRODUCTION MANAGER mpt 2,837.60 2,979.48 3,128.45 3,284.87 3,449.11 278 PLAN CHECK ENGINEER m 4,499.94 4,724.94 4,961.19 5,209.25 5,469.71 124 PLANNING DIVISION MANAGER m 5,703.33 5,988.50 6,287.93 6,602.33 6,932.45 216 PLANNING TECHNICIAN g 2,177.92 2,286.82 2,401.16 2,521.22 2,647.28 297 PLANS EXAMINER g 2,910.57 3,056.10 3,208.91 3,369.36 3,537.83 422 POLICE CORPORAL p 3,650.13 3,832.64 4,024.27 4,225.48 4,436.75 177 POLICE DIVISION COMMANDER (Org Leader
Broadband - Safety)psmp 6,140.39 ---10,101.93
416 POLICE LIEUTENANT pmm 5,725.95 6,012.25 6,312.86 6,628.50 6,959.93 413 POLICE OFFICER p 3,386.97 3,556.32 3,734.14 3,920.85 4,116.89 355 POLICE RECORDS SUPERVISOR g 2,685.95 2,820.25 2,961.26 3,109.32 3,264.79 327 POLICE RECORDS TECH-DETECTIVES g 2,205.00 2,315.25 2,431.01 2,552.56 2,680.19 325 POLICE RECORDS TECHNICIAN I g 2,041.79 2,143.88 2,251.07 2,363.62 2,481.80 326 POLICE RECORDS TECHNICIAN II g 2,205.00 2,315.25 2,431.01 2,552.56 2,680.19 410 POLICE SERGEANT pmm 4,622.39 4,853.51 5,096.19 5,351.00 5,618.55 256 POLICE SERVICES TECHNICIAN pn 2,384.71 2,503.95 2,629.15 2,760.61 2,898.64 390 POLICE TRAINEE pn 2,842.06 2,984.16 3,133.37 3,290.04 3,454.54 293 PRINCIPAL CIVIL ENGINEER m 5,019.93 5,270.93 5,534.48 5,811.20 6,101.76 127 PRINCIPAL PLANNER m 4,477.46 4,701.33 4,936.40 5,183.22 5,442.38 362 PROPERTY-EVIDENCE CLERK g 2,382.67 2,501.80 2,626.89 2,758.23 2,896.14 241 PUBLIC WORKS INSPECTOR g 2,430.91 2,552.46 2,680.08 2,814.08 2,954.78 135 PUBLIC WORKS OPERATIONS MGR m 4,636.18 4,867.99 5,111.39 5,366.96 5,635.31 169 PUBLIC WORKS TECHNICIAN I g 2,156.35 2,264.17 2,377.38 2,496.25 2,621.06 170 PUBLIC WORKS TECHNICIAN II g 2,386.65 2,505.98 2,631.28 2,762.84 2,900.98 257 RECREATION COORDINATOR g 2,291.84 2,406.43 2,526.75 2,653.09 2,785.74 285 RECREATION SUPERVISOR g 2,652.43 2,785.05 2,924.30 3,070.52 3,224.05 259 RECREATION TECHNICIAN g 2,156.35 2,264.17 2,377.38 2,496.25 2,621.06 316 REGULATORY COMPLIANCE MANAGER m 4,636.18 4,867.99 5,111.39 5,366.96 5,635.31 252 REGULATORY COMPLIANCE SPECIALIST I g 2,420.65 2,541.68 2,668.76 2,802.20 2,942.31 314 REGULATORY COMPLIANCE SPECIALIST II g 2,668.76 2,802.20 2,942.31 3,089.43 3,243.90 431 REGULATORY COMPLIANCE SUPERVISOR g 3,059.60 3,212.58 3,373.21 3,541.87 3,718.96 312 SECRETARY g 2,050.37 2,152.89 2,260.53 2,373.56 2,492.24 02/20/2024

Page 3 of 4 ends

City of Santa Maria
Schematic Full-Time Bi-Weekly Rates
Effective 02/20/2024
Grade Description Assoc.Step A Step B Step C Step D Step E Bi-Weekly Rates
313 SECRETARY TO THE CITY MANAGER m 2,560.70 2,688.74 2,823.18 2,964.34 3,112.56 176 SENIOR ASSISTANT CITY ATTORNEY (Org Leader
Broadband - Non Safety)m 5,913.48 ---9,855.79
349 SENIOR BUILDING PERMIT TECH g 2,547.17 2,674.53 2,808.26 2,948.67 3,096.10 292 SENIOR CIVIL ENGINEER g 4,073.98 4,277.68 4,491.56 4,716.14 4,951.95 267 SENIOR CREW LEADER-MAINT SPEC g 2,394.47 2,514.19 2,639.90 2,771.90 2,910.50 321 SENIOR DISPATCHER pn 3,234.64 3,396.37 3,566.19 3,744.50 3,931.73 237 SENIOR PARK SERVICES OFFICER g 3,349.86 3,517.35 3,693.22 3,877.88 4,071.77 205 SENIOR PLANNER g 3,549.61 3,727.09 3,913.44 4,109.11 4,314.57 201 SENIOR PLANS EXAMINER g 3,373.86 3,542.55 3,719.68 3,905.66 4,100.94 337 SENIOR POLICE RECORDS TECH g 2,315.25 2,431.01 2,552.56 2,680.19 2,814.20 163 SENIOR PROJECT MANAGER m 4,259.48 4,472.45 4,696.07 4,930.87 5,177.41 210 SENIOR SYSTEMS ANALYST m 4,583.09 4,812.24 5,052.85 5,305.49 5,570.76 304 SENIOR TRAFFIC SIGNAL TECH g 2,856.01 2,998.81 3,148.75 3,306.19 3,471.50 184 SHAREPOINT DEVELOPER g 3,680.95 3,865.00 4,058.25 4,261.16 4,474.22 195 SOLID WASTE COLLECTIONS SUPV g 3,333.47 3,500.14 3,675.15 3,858.91 4,051.86 196 SOLID WASTE EQUIP CREW LDR g 2,289.03 2,403.48 2,523.65 2,649.83 2,782.32 246 SOLID WASTE EQUIP LEAD OPR g 2,531.50 2,658.08 2,790.98 2,930.53 3,077.06 222 SOLID WASTE EQUIPMENT OPR I g 2,137.26 2,244.12 2,356.33 2,474.15 2,597.86 224 SOLID WASTE EQUIPMENT OPR II g 2,180.00 2,289.00 2,403.45 2,523.62 2,649.80 197 SOLID WASTE LANDFILL SUPV g 3,333.47 3,500.14 3,675.15 3,858.91 4,051.86 154 SOLID WASTE MANAGER m 5,019.93 5,270.93 5,534.48 5,811.20 6,101.76 380 SPECIAL DISTRICTS COORDINATOR g 3,181.43 3,340.50 3,507.53 3,682.91 3,867.06 358 SPECIAL DISTRICTS SUPERVISOR g 3,548.99 3,726.44 3,912.76 4,108.40 4,313.82 381 SPECIAL DISTRICTS TECHNICIAN g 2,454.32 2,577.04 2,705.89 2,841.18 2,983.24 271 STREET MAINT SUPERVISOR g 3,208.25 3,368.66 3,537.09 3,713.94 3,899.64 214 SYSTEMS ANALYST I g 3,337.92 3,504.82 3,680.06 3,864.06 4,057.26 215 SYSTEMS ANALYST II g 3,680.95 3,865.00 4,058.25 4,261.16 4,474.22 290 TRAFFIC SIGNAL TECHNICIAN g 2,656.76 2,789.60 2,929.08 3,075.53 3,229.31 202 TRANSIT ASSISTANT g 1,663.99 1,747.19 1,834.55 1,926.28 2,022.59 229 TRANSIT COORDINATOR g 2,339.62 2,456.60 2,579.43 2,708.40 2,843.82 185 TRANSIT PLANNER g 3,024.98 3,176.23 3,335.04 3,501.79 3,676.88 288 TRANSIT SERVICES MANAGER m 4,636.18 4,867.99 5,111.39 5,366.96 5,635.31 383 UTILITIES ACCOUNTING TECH I g 2,124.16 2,230.37 2,341.89 2,458.98 2,581.93 384 UTILITIES ACCOUNTING TECH II g 2,342.40 2,459.52 2,582.50 2,711.63 2,847.21 385 UTILITIES ACCOUNTING TECH III g 2,459.51 2,582.49 2,711.61 2,847.19 2,989.55 387 UTILITIES OUTREACH SPECIALIST g 1,928.09 2,024.49 2,125.71 2,232.00 2,343.60 207 UTILITIES TECHNOLOGY ANALYST g 3,337.92 3,504.82 3,680.06 3,864.06 4,057.26 334 UTILITY BILLING LEAD CLERK g 2,174.74 2,283.48 2,397.65 2,517.53 2,643.41 223 UTILITY BILLING SUPERVISOR g 2,283.46 2,397.63 2,517.51 2,643.39 2,775.56 306 WASTEWATER OPERATOR g 2,618.05 2,748.95 2,886.40 3,030.72 3,182.26 405 WASTEWATER OPERATOR I g 2,325.08 2,441.33 2,563.40 2,691.57 2,826.15 406 WASTEWATER OPERATOR II g 2,618.05 2,748.95 2,886.40 3,030.72 3,182.26 407 WASTEWATER OPERATOR III g 2,886.41 3,030.73 3,182.27 3,341.38 3,508.45 305 WASTEWATER OPERATOR TRAINEE g 2,325.08 2,441.33 2,563.40 2,691.57 2,826.15 198 WASTEWATER SUPERVISOR g 3,830.42 4,021.94 4,223.04 4,434.19 4,655.90 247 WATER CONSERVATION SPECIALIST g 1,934.36 2,031.08 2,132.63 2,239.26 2,351.22 309 WATER OPERATOR g 2,618.05 2,748.95 2,886.40 3,030.72 3,182.26 402 WATER OPERATOR I g 2,325.08 2,441.33 2,563.40 2,691.57 2,826.15 403 WATER OPERATOR II g 2,618.05 2,748.95 2,886.40 3,030.72 3,182.26 404 WATER OPERATOR III g 2,886.41 3,030.73 3,182.27 3,341.38 3,508.45 310 WATER OPERATOR TRAINEE g 2,325.08 2,441.33 2,563.40 2,691.57 2,826.15 258 WATER RESOURCES LEAD OPERATOR g 3,140.26 3,297.27 3,462.13 3,635.24 3,817.00 134 WATER RESOURCES MANAGER m 5,019.93 5,270.93 5,534.48 5,811.20 6,101.76 263 WATER RESOURCES OPERATOR g 2,848.27 2,990.68 3,140.21 3,297.22 3,462.08 199 WATER SUPERVISOR g 3,830.42 4,021.94 4,223.04 4,434.19 4,655.90 243 WATER SYSTEM OPERATOR I g 2,268.43 2,381.85 2,500.94 2,625.99 2,757.29 249 WATER SYSTEM OPERATOR II g 2,554.11 2,681.82 2,815.91 2,956.71 3,104.55 02/20/2024

Page 4 of 4 ends

City of Santa Maria
Schematic Hourly Rates
Effective 02/20/2024
Grade Description Assoc.Step A Step B Step C Step D Step E za ACCOUNT CLERK AIDE z 19.96 20.96 22.01 23.11 24.27
ac ADMINISTRATIVE AIDE I e 21.07 22.12 23.23 --
ab ADMINISTRATIVE AIDE II e 24.39 25.62 26.89 --
aa ADMINISTRATIVE AIDE III e 28.33 29.75 31.24 --
al ASSIST LIBRARY TECHNICIAN e 16.75 17.59 18.47 --
as ASSISTANT CLERK - OFFICE e 16.00 16.80 17.64 --
ap ASST PUBLIC WORKS INSPECTOR e 29.06 30.51 32.04 --
ae AQUATICS SAFETY & EDUCATIONAL SPEC e 17.90 18.80 19.74 -- bp BUSINESS PROGRAM LEADER I (Broadband)mpt 41.17 ---52.98 cd CERTIFIED DISPATCH AIDE e 31.44 33.01 34.66
zc CLERK II z 17.23 18.09 18.99 19.94 20.94
zx COMMUNITY OUTREACH COORDINATOR z 24.35 25.57 26.85 28.19 29.60 cl CONSULTANT I e 39.92 41.92 44.02 --
cm CONSULTANT II e 46.23 48.53 50.96 --
cn CONSULTANT III e 53.85 56.54 59.36 --
co CONSULTANT IV e 63.04 68.29 73.54 --
cp CUSTOMER SERVICE PHONE OPER*e 16.00 16.80 17.64 --
ya EMERGENCY SERVICES SPECIALIST z 33.41 35.08 36.83 38.67 40.60 ec EXECUTIVE CONSULTANT e 112.00 117.60 123.48
zp FACILITY SPECIALIST II z 20.52 21.55 22.63 23.76 24.95 zq FACILITY SPECIALIST III z 22.07 23.17 24.33 25.55 26.83 lo GENERAL LABORER e 16.00 16.80 17.64 --
zl GRAPHICS TECHNICIAN z 18.96 19.91 20.91 21.96 23.06
d1 INTERIM DIRECTOR I e 63.04 68.29 73.54 --
d2 INTERIM DIRECTOR II e 78.80 84.05 89.30 --
d3 INTERIM DIRECTOR III e 94.55 99.81 105.06 --
ci INTERN - GENERAL e 16.00 16.80 17.64 --
ei INTERN - PROFESSION e 16.00 16.80 17.64 --
i1 INVESTIGATIVE OFFICER I e 73.54 0.00 0.00 --
i2 INVESTIGATIVE OFFICER II e 105.06 0.00 0.00 --
zf LABORER III z 18.11 19.02 19.97 20.97 22.02
lp LIBRARY PAGE e 16.00 16.80 17.64 --
zg LIBRARY TECHNICAL ASSISTANT z 20.49 21.51 22.59 23.72 24.91 lg LIFEGUARD e 16.00 16.80 17.64 --
mt MAINTENANCE TECHNICIAN e 16.00 16.80 17.64 --
ma MULTIMEDIA ASSISTANT e 16.00 16.80 17.64 --
ps PARK SERVICES AIDE e 16.00 16.80 17.64 --
zy PARK SERVICES COORDINATOR z 42.48 44.60 46.83 49.17 51.63 pc POLICE CADET e 16.75 17.59 18.47 --
zi POLICE RECORDS CLERK z 18.98 19.93 20.93 21.98 23.08 po PROVISIONAL OFFICER e 39.91 41.91 44.01 46.21 48.52
ra RECREATION ACTIVITY SPECIALIST z 17.85 18.74 19.68 20.66 21.70 re RECREATION LEADER II e 16.00 16.80 17.64 --
rc REGULATORY COMPLIANCE CLERK e 16.00 16.80 17.64 --
ao RESERVE POLICE OFFICER LEVEL 1 e 21.01 ----
bo RESERVE POLICE OFFICER LEVEL 2 e 17.86 ----
ze SECURITY GUARD z 20.81 21.85 22.94 24.09 25.29
zz SENIOR LIFEGUARD z 20.21 21.22 22.28 23.39 24.56
sl SKILLED LABORER e 22.02 23.12 24.28 --
sa STAFF AIDE - FACILITIES e 16.00 16.80 17.64 --
zt STAFF ASSISTANT z 17.60 18.48 19.40 20.37 21.39
si SWIM INSTRUCTOR e 17.90 18.80 19.74 --
sc SWIM POOL CLERK e 16.00 16.80 17.64 --
t1 TECHNICAL AIDE I e 16.00 16.80 17.64 --
t2 TECHNICAL AIDE II e 16.00 16.80 17.64 --
t3 TECHNICAL AIDE III e 18.20 19.11 20.06 --
tp TEMPORARY PLANNER e 34.84 36.59 38.41 --
zr TRANSIT TECHNICIAN z 20.49 21.51 22.59 23.72 24.91
Part Time Rates
02/20/2024

Page 1 of 1 ends

FOR THE COUNCIL MEETING OF FEBRUARY 20, 2024

COUNCIL AGENDA REPORT – SUPPLEMENTAL MEMO
AGENDA ITEM 10.a.1

TO: City Council

FROM: Interim City Manager Alex Posada

BY: Interim Chief Human Resources Officer Dawn Jackson

SUBJECT: Approve and Ratify the Tentative Agreement and Successor Memorandum of Understanding with the Service Employees
International Union Local 620: Adoption of a Resolution Approving the CalPERS Comprehensive Schematic Pay Schedule

RECOMMENDATION:
1) Approve and ratify the Tentative Agreement and Successor Memorandum of Understanding with the Service Employees International Union Local 620; and 2) Adopt a Resolution approving the Comprehensive Schematic Pay Schedule for all full-time and part-time employees in accordance with CalPERS guidelines.

ADDITIONAL EDITS:

City staff and the applicant discussed clarifying edits for the development agreement.

Title Page

1 CITY COUNCIL MEETING MINUTES CITY OF SANTA MARIA, CALIFORNIA

February 6, 2024, 5:30 p.m.

City Hall Council Chambers
110 East Cook Street
Santa Maria

Roll Call: Mayor Alice Patino, Councilmember Maribel Aguilera-Hernandez, Councilmember Mike Cordero, Councilmember Carlos Escobedo, Councilmember Gloria Soto (remotely)

Staff Present: Interim City Manager Alex Posada, City Attorney Thomas Watson, Fire Chief Bradley Dandridge, Director of Public Works Brett Fulgoni, Interim Chief Human Resources Officer Dawn Jackson, Chief Information Officer Jeffrey Marecic, Interim Director of Recreation and Parks Angela Oslund, Chief of Police Marc Schneider, Director of Utilities Shad Springer, Interim Assistant City Manager Chuen Wu, Chief Deputy City Clerk Sarah Lansburgh, Assistant City Clerk Alexandra Valadez

_____________________________________________________________________

CLOSED SESSION

1. CALL TO ORDER
Mayor Patino called the meeting to order at 4:33 p.m.

ROLL CALL:

MEMBERS PRESENT:

Councilmembers Maribel Aguilera-Hernandez, Mike Cordero, Carlos Escobedo, Gloria Soto, and Mayor Alice Patino

STAFF MEMBERS PRESENT:

Interim City Manager Posada, City Attorney Watson, and Chief Deputy City Clerk Lansburgh (for roll call only).

2. PUBLIC COMMENT PERIOD
Mayor invited public comment. Speaking from the public was Jeremy Goldberg, Leo Decasaus, Nicole Bryant, Matt Chircop, Stephen Gilman, Jeremy Mace, and Shea Weidler.

3. RECESS-CLOSED SESSION

2 3.a Conference with Labor Negotiators, Pursuant to California Government Code §54957.6 Mayor Patino recessed to a Closed Session at 4:54 p.m.

4. RECONVENE TO OPEN SESSION
OPEN SESSION - 5:30 P.M.

5. INVOCATION
Pastor Tim Mossholder of Santa Maria Foursquare Church gave the Invocation.

6. PLEDGE OF ALLEGIANCE
Councilmember Cordero led the Pledge of Allegiance.

7. CALL TO ORDER
Mayor Patino convened the meeting and called the meeting to or der at 5:42 p.m.

8. REPORT BY THE CITY ATTORNEY FROM CLOSED SESSION
City Attorney Watson reported that instructions were provided to the City's Labor Negotiators.

9. PROCLAMATIONS

9.a Proclamation – “2-1-1 Day” February 10, 2024
The City Council presented a Proclamation recognizing February 10, 2024, as “2-1-1 Day” in the City of Santa Maria.

9.b Proclamation – “National Black History Month” February 2024 The City Council present a Proclamation recognizing February 2024 as “National Black History Month”.

10. PRESENTATIONS

10.a Winter 2024 Santa Maria Hometown Heroes
The City Council received a presentation of the Winter 2024 Class of Honorees for the Hometown Heroes program recognizing Santa Maria residents who are actively serving in the military, veterans of the United States military, first responders, or essential workers by displaying a celebratory banner with the honoree’s photograph and branch of service. The honorees were Richard "Rocky" Arnold Amundson (Navy); Hank Antolini (Army); Jay A. Connor (Army); Captain David P. Cook (Army); Leonard A. Gonzales (Air Force); Jack Lara (Army); Nickolas Lara (Navy); Tony Lara (Navy); Dr. Robert Okerblom (Essential Worker - Healthcare); Michael Pagaling (Marine Corps); Santos Rosas (Army); Blas Torres (Army); Robert Villa (Essential Worker - Education).

10.b Code Enforcement Annual Report
The City Council received a presentation regarding outreach efforts and accomplishments for the 2023 calendar year, and goals for the upcoming 2024 calendar year for the Code Enforcement Division.

3 Presentation was given by Code Enforcement Manager Dawn Palacios and Code Enforcement Supervisor Yvette Fuentes.

11. PUBLIC COMMENT PERIOD (Not to exceed 15 Minutes)
Mayor Patino invited public comment. Speaking from the public was Yolanda Rodrigues, Gary Hall, Esther Jensen, Steve Baird, Rex Pritchard, Charlie Martinez, Jerry May, Nicole Bryant, Gavin Harrington, Trinidad Ramos (by proxy), Kristine Jacobs, Darryl Scheck, and Don Def (via zoom).

Interim City Manager Posada added that the City Council and the City appreciates City employees participating in the Council meeting and staff is listening to comments and will continue to do its best to continue negotiations.

12. CONSENT CALENDAR
Consent Calendar Items 12.a.1 through 12.e.1 (except 12.a.2 and 12.b.1) were approved as presented, including the adoption of Resolution Nos. 2024-12 and 2024-13. The recorded vote appears with each item below.

Councilmember Cordero commented on item 12.d.1 to recognize all of the contributions made to the Santa Maria Police Department by the Santa Maria Police Council. He thanked the organization for all of their work.

Mayor Patino asked about if the length of lease of item 12.e.1 was able to be longer. Mayor Pro Tem Soto commented that five years was the agreed upon term and she felt that was the best amount of time they would be able to agree to.

Moved by: Councilmember Escobedo
Seconded by: Councilmember Soto
Adopt the Consent Calendar as submitted.

For (5): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, and Councilmember Soto
Motion carried by a recorded vote (5 to 0)

12.a CITY MANAGER/CITY CLERK DEPARTMENT

12.a.1 Ordinances and Resolutions
Moved by: Councilmember Escobedo
Seconded by: Councilmember Soto
Waive the reading in full of all Ordinances and Resolutions . Ordinances on the Consent Agenda will be adopted by the same vote cast at the first meeting, unless City Council indicates otherwise.

Motion carried by a recorded vote

4 12.b COMMUNITY DEVELOPMENT DEPARTMENT

12.c FINANCE DEPARTMENT

12.c.1 Payment of Warrants
Moved by: Councilmember Escobedo
Seconded by: Councilmember Soto
Order ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Finance.

Motion carried by a recorded vote

12.c.2 Payment of Payroll
Moved by: Councilmember Escobedo
Seconded by: Councilmember Soto
Order ratified subject to having been certified by the proper Department Directors, as shown on records on file in the Department of Finance, and having been approved for payment by the Director of Finance.

Motion carried by a recorded vote

12.d POLICE DEPARTMENT

12.d.1 Adoption of a Resolution Approving the Donation of Gas Mask Equipment to the Santa Maria Police Department from the Santa Maria Police Council
Action: Adopted as Resolution No. 2024-12
Moved by: Councilmember Escobedo
Seconded by: Councilmember Soto
Adopt a Resolution approving the donation of gas mask equipment to the Santa Maria Police Department from the Santa Maria Police Council.

Motion carried by a recorded vote

12.e RECREATION & PARKS DEPARTMENT

12.e.1 Adoption of a Resolution Approving a Five-Year Lease Extension Ammendment to the Land Lease between the Santa Maria Public Airport District and the City of Santa Maria Action: Adopted as Resolution No. 2024-13
Moved by: Councilmember Escobedo
Seconded by: Councilmember Soto

5 Adopt a Resolution approving the Five-Year Lease Extension of the existing land lease, effective February 1, 2024, and expiring on January 31, 2029, unless soon er terminated. No options to extend beyond the specified term are granted, and any additional extension of this Lease shall be by mutual agreement of the parties only.

Motion carried by a recorded vote

12. CONSENT CALENDAR

12.a CITY MANAGER/CITY CLERK DEPARTMENT

12.a.2 Approval of Minutes
Moved by: Councilmember Aguilera-Hernandez
Seconded by: Councilmember Escobedo
Approve the Minutes of the regular City Council meeting of January 16, 2024.

For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Cordero, and Councilmember Escobedo
Abstain (1): Councilmember Soto
Motion carried by a recorded vote (4 to 0)

12. CONSENT CALENDAR

12.b COMMUNITY DEVELOPMENT DEPARTMENT

12.b.1 Conduct the Second Reading and Adopt Ordinance No. 2024-01 to Amend the Santa Maria Airport Business Park Specific Plan
Action: Adopted as Ordinance No. 2024-01
Moved by: Councilmember Aguilera-Hernandez
Seconded by: Councilmember Escobedo
Conduct the second reading and adoption of Ordinance No. 2024-01 to 1) Amend the text of the Santa Maria Business Park Specific Plan’s PD/LI/PF-A zone by the addition of a definition of “Heavy Retail Business”, and the addition of the “Heavy Retail Business” use to the zone’s list of permitted uses, as depicted on Attachment B of the Council Agenda Report dated January 16, 2024, incorporated herein by reference; and 2) Amend the Specific Plan’s Foxenwood Lane street section design (Specific Plan Exhibit 39a) as depicted on Attachment C of the Council Agenda Report dated January 16, 2024, incorporated herein by reference.

For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Cordero, and Councilmember Escobedo
Abstain (1): Councilmember Soto

6 Motion carried by a recorded vote (4 to 0)

13. REPORT BY INTERIM CITY MANAGER
Interim City Manager Posada reported that the next City Council Meeting would be February 20th.

Items on the agenda would include a Closed Session for Labor, an Economic Development Manager item, Awards of Contracts for Veterans Memorial Project, Phase II and Citywide Pedestrian Safety Project, an Annual Fire Department Report, and a Fire Master Plan Update, a 2nd Quarter Financial Report, and an Update to ADU Ordinance, Time Extensions, and Permit Revocations.

Interim City Manager Posada also commented on the storm and staff's ability to keep the damage to a minimum. He recognized the numerous amounts of calls Santa Maria Police Dispatchers have taken as a result of the storm.

14. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234 REPORTS) Councilmember Cordero reported that he attended the Ben Heighes Show (twice), the Elks Fire Appreciation Dinner, the United Way Board Meeting, the Cottonwood Winery Ribbon Cutting, Central Coast Water Authority Board Meeting, Acorn Paper Company event, and Chamber of Commerce State of Education event.

Councilmember Escobedo reported that he attended the Elks Fire Appreciation Dinner, the Chamber of Commerce State of Education event, and was a Guest Speaker for the Leadership Academy.

Councilmember Aguilera-Hernandez reported that she attended the Elks Fire Appreciation Dinner and the Chamber of Commerce State of Education event.

Councilmember Soto reported that she gave birth to her daughter on January 18th.

Mayor Patino reported that she attended the Elks Fire Appreciation Dinner, Project Opioid Meeting, SBCAG Meeting, APCD Meeting, Rick Blaemire Show, Rotary Human Trafficking Awareness Forum, Sisters Residence Groundbreaking, Larry Lavagnino Post Office Renaming Press Conference, Encampment Response Efforts Meeting, Mayors and Councilmembers Academy, Space Activation and Assumption of Command Ceremony at Vandenberg Space Force Base, Guest Speaker at the inaugural meeting of Blue Campaign, LAFCO Meeting, and a Celebration of Life for Russ Weed.

15. ADJOURNMENT
There being no further business before the City Council, Mayor Patino declared the City Council meeting adjourned at 7:37 p.m.

_________________________
Sarah Lansburgh, Chief Deputy City Clerk

7 _________________________
Alice M. Patino, Mayor

FOR THE COUNCIL MEETING OF FEBRUARY 20, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Interim City Manager Alex Posada

BY: Fire Chief Bradley J. Dandridge

SUBJECT: Receive and File the 2023 Annual Fire Department Report

Description:

The City Council will receive the 2023 Annual Fire Department Report.

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

BACKGROUND:

Fire Department Staff prepares the Annual Report to memorialize accomplishments and milestones for the year.

DISCUSSION:

The report encompasses statistics, staffing changes, training milestones, and various events. This is an effective way to show Santa Maria residents and City Council what the Fire Department does on an annual basis. This report is also a reference tool for plann ing and budgeting.

Fiscal Considerations
The document is a reference tool that may be used to assist in budgeting.

Impact to the Community
The community receives information that assists in their understanding of Fire Department operations.

ATTACHMENTS
Attachment A - 2023 Annual Fire Department Report

Annual
Report
20 2
3 Presented By :

Bradley Dandridge
Fire Chief
www.cityofsantamaria.org
Attachment A

SAN T A MA R IA FI RE DEPA R T MENT ANN UA L RE PORT 20 23 I proudly present to you this 2023 annual
report. The data reported here reflects the high
performance and deep commitment of the
Santa Maria Fire Department members. The
provided data consists of incident response
counts, highlights of our accomplishments
throughout the past year, and profiles of some
outstanding personnel who have made
significant sacrifices. Department members
continually ensure the residents and visitors of
the City of Santa Maria receive exceptional and
high-quality service from its fire department.

Fire Chief’s Message:

Progress continues in service delivery, staffing,
and equipment. The department filled several
open administration positions, including
Administrative Battalion Chief, Training Captain,
Civilian Training Coordinator, and Civilian Safety
Coordinator. These new hires help standardize
and document the training delivered, ensuring
the safety and well-being of the field personnel.

Additionally, a fourth staff fire inspector was
added, securing the needs of the Prevention
division and providing active assistance with
the increasing construction growth of the city.

Several new apparatuses are now in service,
including a new Type 1 Engine, Battalion Chief,
and prevention vehicles. In anticipation of our
future needs, two additional Type 1 engines,
one ladder truck, and two Type 6 engines have
been ordered.

This department's success is due to its
members' dedication, the strong
community partnerships, and the unfailing
support of the community, Mayor, City
Council, and City Manager.

As your Fire Chief, I am honored to lead
the Santa Maria Fire Department and its
members. The department will maintain
the current momentum as 2024 unfolds.

Through the strength of our people, we
will be providing excellent service to our
community, no matter what the year
holds for us.

SAN T A MAR IA FI R E DE PAR T ME NT ANNUA L R E PO RT 20 23 Our
Vision
Our
Mission
We are an organization that:
is a regional leader in all-risk services
provided to our community, our
stakeholders, and our peers.
collaborates effectively with internal and
external partners.
achieves excellence and professional
growth within our workforce.
provides resources that serve the diverse
nature of our community.
is a trusted and compassionate partner.

Risk Prevention1
Disaster Preparedness2
Emergency Services3
We are committed to enhanced
public safety through:

Our Values
S ANTA MARI A FI R E D E PARTME NT ANNUA L R EP O R T 20 23 believe in being future
focused through continuous
improvement and innovation.
are committed to being
prudent stewards of the
resources provided.
put others first with pride,
honor, and integrity.
believe in the value of
teamwork.
recognize that each person in
the department is a vital
member of a family that
values honesty, fairness,
respect, and openness.
believe our members are our
most valuable resource. We
are committed to providing
the best wellness programs
for our members health and
operational readiness.
support continued excellence
in recruitment, training, and
career development.

P l e a s e v i s i t t h e S a n t a M a r i a
w e b s i t e t o r e v i e w a l i s t o f o u r 2 0 2 3 -2 0 2 4 G o a l s a n d O b j e c t i v e s ! w w w .c i t y o f s a n t a m a r i a
WE:

SAN T A MA R IA FI RE DEPA R T MENT ANN UA L RE PORT 20 23 Organizational Chart

SAN T A MA R IA FI RE DEPA R T MENT ANN UA L RE PORT 20 23 Retired Firefighter
Upon achieving the rank of Engineer,
Kevin was reassigned to Fire Station
3, where he seamlessly integrated
his skills and expertise. His
adaptability and leadership qualities
further enriched the operational
efficiency of the station.

Engineer Kevin Raimer's journey from
a distinguished military career to his
previous role within our department
is a testament to his commitment
and versatility. We are grateful for
his years of service. Good luck in
retirement Kevin. You will be missed!
Engineer Kevin Raimer joined our
organization in February 2011, bringing
with him an extensive 20-year career in
the US Coast Guard. His tenure with our
department was marked by dedication,
resilience, and a wealth of experience.

Kevin's notable contributions were
initially observed at Fire Station 5, where
he served with distinction for the majority
of his career. His commitment to
excellence and continuous professional
development culminated in his promotion
to the position of Engineer in 2022.

Kevin Raimer
E n g i n e e r

SANTA M ARIA FIRE DEP ARTM EN T A NNU AL REPORT 2023 Promotions
Promotions are a testament to the outstanding skills and leadership brought to the team. The firefighting community is fortunate to have individuals who consistently go above and beyond to ensure the safety and well-being of our community. Congratulations to all on this well- deserved accomplishment!
James
Clayton
Matthew
Fawcett
E n g i n e e rDeputy F i r e
C h i e f
Andrew
Garcia
E n g i n e e r
Bradley
Dandridge
F i r e C h i e f

S ANTA M ARI A FIRE D EP ARTM E N T ANNUAL REP OR T 2 023 New Hires
The growth in administrative positions
within the Santa Maria Fire
Department marks a progressive step
toward a more robust and efficient
organization. We anticipate that these
strategic additions will contribute
significantly to our overall mission of
safeguarding lives and property.

The Santa Maria Fire Department has
experienced substantial growth in its
administrative structure, reinforcing
our commitment to excellence in fire
services. This expansion is reflective
of our dedication to enhancing
organizational efficiency, training
capabilities, and civilian safety
coordination.

Bradley
Dandridge
Andrew
Klein
Ian
Root
F i r e C h i e f F i r e f i g h t e rFirefighter
Kevin
Vasquez
F i r e f i g h t e r
Victor
Torres
Natali
Aguilar
Carla
Osborn
F i r e I n s p e c t o r T r a i n i n gSafety

A Year in Review
S ANTA MARIA F IRE DEPARTMENT AN N UAL REPORT 202 3
2023
Mutual Aid
Provided
133 Calls
__________________
Mutual Aid
Received
25 Calls
Santa Maria Fire Department had 13884 responses in 2023. Responses are defined as the number of times a unit responded. Incidents with multiple units assigned such as a structure fire may count as 1 incident but 5 responses.

Incidents Chart
Incident Type

District 1
4:41
SA NTA MARI A FIR E D E PARTM E NT ANNUAL R EP O R T 2023 District 2
5:16
District 3
5:31
District 4
5:09
District 5
5:17
Average
Response
Times

SA N T A M ARI A FIRE DEP ARTM EN T A NNU AL REP ORT 2 023 38 Building
Fires 2023
2023 Building Fires- 38

SA N T A M ARI A FIRE DEP ARTM EN T A NNU AL REP ORT 2 023 The Fire Department is supported 46 percent by the General Fund and 54 percent by Measure U. Through the support of Measure U, the Fire Department supports sworn and unsworn personnel. As an “all-risk” public safety agency, the Santa Maria Fire Department is responsible for: fire, rescue, emergency medical services; reduction of the community’s fire and life safety risks; prevention and investigation of fires; public safety education; and, planning, coordinating, training, and implementing the City’s Emergency Preparedness Plan. The Department fulfills these responsibilities by providing a full range of fire and life safety programs, equipment, supplies, and assets to the City of Santa Maria’s residents, businesses, visitors, and City departments and activities.

Added to that, Orlando is heavily
involved in the following:

EMS instructor for SMR
academies
Peer Support team member
GIS for Preplan Program
GIS for Hydrant maintenance
program
Technical Advisor for NAPSG
(National Alliance for Public
Safety GIS Foundation) They
basically do GIS data collection
and support for disasters all over
the US. Orlando is the West
Coast coordinator; he was deeply
involved in the Maui fires.

Additionally, Orlando developed
the first Survey 123 data collection
program for RTF 12, this was later
adapted by OES at the Camp fire
USAR recovery. This was the starting
backbone to what now is Quick
Capture, an ESRI app that is used by
all FEMA and OES USAR teams.

Congratulations, Engineer Viera and
thank you for your service.

SANTA MARIA F IRE DEPARTMENT AN NU AL REPORT 202 3
“Always positive, works hard, and is
trusted on the fireground.” Anyone
who is described in this manner is
worthy of being nominated for Santa
Maria Fire Department’s Firefighter
of the Year.

Orlando Viera is a special kind of
firefighter. Not only is he able to
perform the duties of his position,
Engineer Viera has established
himself at the forefront of local and
statewide Urban Search and Rescue
technical programs.

Firefighter of the Year

His unwavering dedication and
timely response to emergency
calls, irrespective of the hour,
have greatly contributed to the
operational efficiency of our
department.

We extend our sincere
appreciation to Engineer Garcia
for his tireless efforts and
remarkable work ethic.

Responding to emergency calls
demands a high level of
professionalism, and Engineer
Garcia has exemplified this
standard with a consistently
positive attitude and a demeanor
marked by a genuine willingness
to assist.

SAN T A MA R IA FI RE DEPA R T MENT ANN UA L RE PORT 20 23 Employee
Acknowledgment
Throughout the year 2023,
Engineer Garcia has consistently
demonstrated an exceptional
commitment to duty by responding
to an impressive total of 1207
incidents.

Engine 1
Truck 1
SA N T A MA R IA FI RE DEPA R T MENT ANN UA L RE PORT 20 23 Fire
Station 1
Review
Total Responses
Engine 1: 3150
Truck 1: 1066

Avg Response Time to Building Fire
Engine 1: 4:39
Truck 1: 4:41
Avg Response Time to Medical Assist
Engine 1: 5:06
Truck 1: 5:14
300 W. Cook Street

Engine 2
USAR 2
SA N T A MA R IA FI RE DEPA R T MENT ANN UA L RE PORT 20 23 Fire
Station 2
Review Total Responses
Engine 2: 2599
USAR 2: 21

Avg Response Time to Building Fire
4:40
Avg Response Time to Medical Assist
5:15
416 W. Carmen Lane

Engine 3
SA N T A MA R IA FI RE DEPA R T MENT ANN UA L RE PORT 20 23 Fire
Station 3
Review Total Responses
Engine 3: 2651
Avg Response Time to Building Fire
4:38
Avg Response Time to Medical Assist
5:13
2305 N. Preisker Lane

Engine 4
SA N T A MA R IA FI RE DEPA R T MENT ANN UA L RE PORT 20 23 Fire
Station 4
Review Total Responses
Engine 4: 1713
Avg Response Time to Building Fire
4:41
Avg Response Time to Medical Assist
5:14
2637 S. College Drive

Engine 5
Engine
305
SA N T A MA R IA FI RE DEPA R T MENT ANN UA L RE PORT 20 23 Fire
Station 5
Review Total Responses
Engine 5: 2562
Engine 305: 37

Avg Response Time to Building Fire
4:45
Avg Response Time to Medical Assist
4:59
1670 E. Donovan Road

ARFF 6
SA N T A MA R IA FI RE DEPA R T MENT ANN UA L RE PORT 20 23 Fire
Station 6
Review Total Responses
ARFF 6: 132
Battalion Chiefs Responses
Battalion 1: 25
Battalion 2: 202
Battalion 3: 186
Battalion 4: 221
Battalion 5: 63
Avg Response Time to Building Fire
N/A
Avg Response Time to Medical Assist
N/A
3339 Terminal Drive

SAN T A MA R IA FI RE DEPA R T MENT ANN UA L RE PORT 20 23 Training
The Santa Maria Fire Department is an All Hazard, All Risk Fire Department.

This requires personnel to be proficient in multiple disciplines in several different categories. These can be broadly categorized into Firefighting, Emergency Medical, and Special Operations.

In 2023, Santa Maria Firefighters logged over 18,000 hours of department- sponsored training, not including hours spent preparing for promotions and special certifications in their off hours.

Each member is expected to perform a minimum of 240 hours of training annually, comprised of Federal, State, and Local mandates and specialized training pertinent to our profession.

Some of these training categories include:

FIREFIGHTING EMERGENCY

MEDICAL SPECIAL OPERATIONS PREVENTION
Structural
Firefighting EMT Vehicle Extrication Law and
Regulations
Wildland
Firefighting CPR
Urban Search and Rescue
(Ropes, Confined Space,
Trench, Building Collapse)
Inspections
Airport/Aircraft
Firefighting Active Shooter Hazardous Materials Plans and Reviews Contagious
Diseases Driver’s Training Investigations

Three new Firefighters completed the department’s first lateral academy. These Firefighters came to us with extensive experience and were put through a 6-week orientation academy. Upon completing the academy, they were assigned to stations receiving an additional 10 1/2 months of academic and skills assessment.

The department continued to support new members with getting their Urban Search and Rescue qualifications. This consists of 6 “core” classes that provide the knowledge needed to respond to natural or man-made disasters throughout California.

Several department members attended Peer Support training in 2023. Peer support personnel have become an integral part of the mental health sustainability of public safety departments. Our members have been used on several occasions with overwhelming success.
2023 saw the Fire Department continue to work towards the realization of Public Safety Training Complex. This project has been long desired and will be a tremendous benefit to the City’s public safety agencies but to the region as well.

S ANTA MARI A FIR E D E PARTM E NT ANNUAL R EP O R T 2 023 Training Accomplishments:

SAN TA MARIA FI R E D E PAR TME NT ANNUA L R EPO R T 20 23 The Fire
Prevention
Team
Fire Prevention Week Event
Air Show Event
Safety First

ANNUAL INSPECTIONS
Assembly Inspections 157
R-1/R-2 Inspections 350
T-19 Inspections 117
Reinspections 475
Other Inspections 47

PERMIT INSPECTIONS
Alarm Inspections 43
Sprinkler Inspections 89
Business License Inspections 55
Fire Final Inspections 228
Temporary C of O Inspections 8

DEVELOPMENT REVIEW
Building Permit Related 392
Accessory Dwelling Unit (ADU) 519
Planned Development (DRM) 99
Business License Reviews 271

CALIFORNIA FIRE CODE (CFC)

INSPECTIONS
Hazardous Material Inspections 198
Commercial Building Inspections 180
Operational Permit Inspections 22
Complaint Inspections 50
SAN T A MA R IA FI RE DEPA R T MENT ANN UA L RE PORT 20 23 Total
1146
Total
423
Total
1281
Total
450
Fire Prevention
Statistics & Year End Totals

Complaint 1810
Deficient 237

DEVELOPMENT REVIEW
Accidental 30
Suspicious 19
Intentional 19
Fire Prevention
Statistics & Year End Totals

THE COMPLIANCE ENGINE (TCE)

REPORT REVIEWS
SAN T A MA R IA FI RE DEPA R T MENT ANN UA L RE PORT 20 23 Total
2047

INVESTIGATION
Total
68 Additional Information
Of the 19 intentional fires investigated, four arrests were made. Fire Inspectors issued a total of 22 citations for illegal fireworks. Eleven citations were issued due to a successful aerial enforcement operation. Another 11 citation were issued applying the City’s Social Host Fireworks Ordinance by Fire Inspectors patrolling residential neighborhoods. Each resulted in a $1,000 fine, the maximum allowed by the Municipal Code.

Additionally, the Emergency Services Specialist conducted 47 public education programs resulting in contact with approximately 4,000 citizens. (FY2023).

In May, our members received
annual physicals.. This is the
first time in approximately 20
years that physicals have been
instituted for all members as we
seek to reduce work related
injuries and illness This was
accomplished by the hard work
of our Wellness Committee in
obtaining a grant from
Assistance for Firefighters.

In July we implemented a
program to address illegal
fireworks in our community. In
total, 22 citations for illegal
fireworks were issued. 11
citations were issued due to a
successful aerial enforcement
operation and another 11
citations we issued applying the
City’s Social Host Fireworks
Ordinance by Fire Inspectors
patrolling residential
neighborhoods. Our goal is to
reduce the threat of fires in our
community.

July3
March1
In March, we welcomed our
first-ever lateral class of new
Firefighters. These 3 members
came to us with a wealth of
experience and knowledge.

They were put through a 6
week recruit academy and then
assigned to various stations
around the city. We are happy
to have them aboard.
2 In May, our members received
annual physicals. This is the
first time in approximately 20
years that physicals have been
instituted for all members as we
seek to reduce work related
injuries and illness. This was
accomplished by the hard work
of our Wellness Committee in
obtaining an Assistance For
Firefighter Grant.

May
Highlights
SAN T A MA R IA FI RE DEPA R T MENT ANN UA L RE PORT 20 23

THANK
YOU
On behalf of the Santa Maria Fire Department, I extend our heartfelt appreciation for the unwavering support from the City leadership and the community.

We have seen support from various activities, including community events, fundraising initiatives, and city-wide expressions of gratitude and encouragement. This
steadfast support has helped the department effectively carry out its mission.

The relationship between City leaders and the Santa Maria Fire Department is strong. The strength of this bond can be seen in the close-knit collaboration across an array of projects. Successfully completing these undertakings
enhances the efficacy of the department and the
community's safety.

The diligence and professionalism of the Santa Maria Fire Department reflects the support it receives daily from the community and City leaders. We are proud to be your
community first responders.

FOR THE CONTINUED SUPPORT!

FOR THE COUNCIL MEETING OF FEBRUARY 20, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Interim City Manager Alex Posada

BY: Fire Chief – Bradley J. Dandridge

SUBJECT: Adoption of a Resolution Authorizing the Submission of an Application for a 2023 Assistance to Firefighters Grant for Personal Protective Equipment

Description:

The City Council will consider authorizing the submission of an application to the Assistance to Firefighters Grants Program.

Environmental Notice:

The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

Adopt a Resolution authorizing the submission of an application to the Federal Emergency Management Agency for a 2023 Assistance to Firefighters Grant for personal protective equipment.

BACKGROUND:

Since 2001, the Assistance to Firefighters Grant (AFG) has helped firefighters and other first responders obtain critically needed resources necessary for protecting the public and emergency personnel from fire and related hazards. The Santa Maria Fire Department has received several AFG grants, including wellness physicals for Fire Department personnel, Self-Contained Breathing Apparatus, a ladder truck, two fire stations, and training.

DISCUSSION:

The Fire Department is requesting authorization to submit a grant application for Personal Protective Equipment (PPE) for $75,000, to replace worn-out or expired PPE.

Fiscal Considerations
If awarded, the grant would provide $67,500 toward the purchase of PPE with a 10 percent match of $7,500 by the City.

Impact to the Community
An award through the AFG will provide upgraded equipment that meets minimum safety standards and will improve the Fire Department’s ability to suppress fires more efficiently.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR A 2023 ASSISTANCE TO FIREFIGHTERS GRANT

FOR PERSONAL PROTECTIVE EQUIPMENT

WHEREAS, the safety of firefighters is a priority in the City of Santa Maria; and

WHEREAS, the City of Santa Maria has determined that it is in the public interest to seek and apply for supplemental funding sources for the purposes of public safety ; and

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The City Manager or designee, is hereby authorized to submit a grant application, appropriate and expend funds awarded to the Santa Maria Fire Department pursuant to the Assistance to Firefighters Grant Program; and

2. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 20th day of February 2024.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
Interim City Manager

FOR THE COUNCIL MEETING OF FEBRUARY 20, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Interim City Manager Alex Posada

BY: Director of Public Works Brett Fulgoni

SUBJECT: Adoption of a Resolution Awarding Bid No. 2023-23 to G. Sosa Construction Inc. for Phase II of The Veterans Memorial Park Improvements Project

Description:

The City Council will consider approving the Award of Bid for the construction of Phase II of the Veterans Memorial Park Improvements Project, Bid No. 2023-23 to G. Sosa Construction, Inc. in the amount of $727,284.26. The scope of work for Phase II includes grading, landscaping, electrical improvements, pedestrian pathways, and playground installation.

Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 – Existing facilities (operation, repair, maintenance, leasing, etc.) of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility with negligible expansion of the existing uses.

RECOMMENDATION:

Adopt a Resolution awarding a bid to G. Sosa Construction, Inc., in the amount of $727,284.26, for the construction of Phase II of the Veterans Memorial Park Improvements Project, Bid No. 2023-23.

BACKGROUND:

Under the direction of the City of Santa Maria Recreation and Parks Department, the project was designed by Baxter Miller Landscape Architects and Bethel Engineering.

Phase I of the project included the construction of a pedestrian plaza on North Pine Street, in front of the Veterans Memorial Center, between El Camino Street and West Tunnell Street. The scope of work for Phase II includes grading, landscaping, electrical improvements, pedestrian pathways, and playground installation.

DISCUSSION:

The project was extensively advertised for bids. The City received four bids, which were publicly opened on January 18, 2024, via Planet Bids. A summary of the bids submitted is as follows:

2 Bidder Bid Amount
G. Sosa Construction, Inc. $788,284.26
V. Lopez Jr. & Sons, G.E.C., Inc. $802,904.25
RDZ Contractors, Inc. $884,499.00
Quincon, Inc. $1,006,096.10

A detailed tabulation of the bids received is attached (Attachment A). Signed proposals and bid bond forms are available for viewing in the office of Public Works Engineering located at 110 S. Pine Street, Suite 221, Santa Maria, CA 93458.

The lowest responsive, responsible bid was submitted by G. Sosa Construction, Inc., in the amount of $788,436.26, which included one bid alternate a half -basketball court proposed on the north side of the park. The Recreation and Parks Department has opted not to award the half-basketball court bid alternate, therefore the contract amount to be awarded will be in the amount of $727,284.26.

G. Sosa Construction, Inc., from Nipomo, has performed and successfully completed similar work for many cities throughout Southern California and on the Central Coast. In addition, they have submitted references for their work history. City staff has checked the firm’s references and are comfortable with the ability of the contractor to perform the work successfully.

The recommended action is to award the bid to G. Sosa Construction, Inc., in the amount of $727,284.26.

Alternative(s)
The alternative to the recommended action would be to reject all bids.

Fiscal Considerations
Sufficient funds for this project have been budgeted in FY 2023/2024 from the account titled “Veterans Memorial Park Renovation.”

Available Budget Account Amount
801-008-040-52-21 $ 925,181.78
Estimated Expenditures Amount
Award
Contingency (10%)
$ 727,284.26
$ 72,728.43
Inspection, Testing, Staff Time $ 15,000.00
Total $ 815,012.69

Impact to the Community
The community will benefit from the new pedestrian plaza which will tie together the Veterans Memorial Center and Park to create an integrated space for community events.

3 ATTACHMENTS
A. Bid Tabulations_Veterans Memorial Park Improvements, Phase II B. Agreement_Veterans Memorial Park Improvements, Phase II

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AWARDING A BID TO G. SOSA CONSTRUCTION, INC., IN THE AMOUNT OF $727,284.26 FOR THE CONSTRUCTION OF PHASE II OF THE VETERANS MEMORIAL PARK IMPROVEMENTS PROJECT, BID NO. 2023-23

WHEREAS, the City of Santa Maria formally advertised Phase II of the Veterans Memorial Park Improvements Project, Bid No. 2023-23 (“Project”); and

WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and

WHEREAS, the bids were publicly opened at 2:00 p.m. on January 18, 2024, via Planet Bids; and

WHEREAS, G. Sosa Construction, Inc., was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and

WHEREAS, the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 – Existing (operation, repair, maintenance, leasing, etc.) of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility, with negligible expansion of the existing uses.

WHEREAS, sufficient funds for this budgeted project in FY 23/24 are located in the account titled “Veterans Memorial Park Renovation.”

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The Mayor is hereby authorized and directed to execute, for and on behalf of the City of Santa Maria, an Agreement with G. Sosa Construction, Inc., for Phase II of the Veterans Memorial Improvements Project, Bid No. 2023-23; and

2. The award of the bid is conditional upon execution of the Agreement by the successful bidder in the form and terms set forth therein by the City; and

3. The City Manager, or designee, is hereby authorized and directed to designate funds from the following identified account: “Veterans Memorial Improvements Project” for the approved project in the amount of $815,012.69; and

2 4. The City Manager, or designee, is hereby authorized to approve Contract Change Orders so long as expenditures do not exceed funding approved for the project; and

5. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 20th day of February 2024.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
Interim City Manager

City of Santa Maria
Bid Results for Project VETERANS MEMORIAL PARK PROJECT, PHASE II (Re‐Bid) (2023‐23) Issued on 12/06/2023
Bid Due on January 18, 2024  2:00 PM (PST)
BASE BID SCHEDULE
Item
Num
Item
Code Description QTY Unit of
Measure Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 B‐1 CONSTRUCTION COORDINATION 1 LS $44,800.00 $44,800.00 $20,000.00 $20,000.00 $47,017.00 $47,017.00 $42,041.00 $42,041.00 2 B‐2 EARTHWORK, AND SUBGRADE PREPARATION 1 LS $20,648.00 $20,648.00 $25,000.00 $25,000.00 $31,690.00 $31,690.00 $128,701.20 $128,701.20 3 B‐3 DEMOLITION, CLEARING AND GRUBBING 1 LS $56,224.00 $56,224.00 $50,000.00 $50,000.00 $30,975.00 $30,975.00 $88,553.54 $88,553.54 4 B‐4 EROSION/SEDIMENT CONTROL 1 LS $6,000.00 $6,000.00 $10,000.00 $10,000.00 $6,035.00 $6,035.00 $16,830.60 $16,830.60 5 B‐5 ELECTRICAL 1 LS $190,584.00 $190,584.00 $168,084.00 $168,084.00 $216,269.00 $216,269.00 $182,925.95 $182,925.95 6 B‐9 PLAYGROUND EQUIPMENT, EXERCISE UNITS RUBBERIZED SURFACING, CONCRETE MOWCURB AT EXERCISE AREA, GRADING AND DRAINAGE FOR PLAYGROUND AND 1 LS $38,564.00 $38,564.00 $10,000.00 $10,000.00 $59,707.00 $59,707.00 $30,364.84 $30,364.84 7 B‐10 SITE AMENITIES 1 LS $12,240.00 $12,240.00 $10,000.00 $10,000.00 $13,265.00 $13,265.00 $45,000.95 $45,000.95 8 B‐15 4" THICK CONCRETE 4000 SF $15.50 $62,000.00 $25.00 $100,000.00 $16.50 $66,000.00 $13.51 $54,040.00 9 B‐26 DECOMPOSED GRANITE 21000 SF $3.50 $73,500.00 $4.00 $84,000.00 $2.20 $46,200.00 $4.06 $85,260.00 10 B‐29 IRRIGATION SYSTEM 1 LS $168,000.00 $168,000.00 $217,982.00 $217,982.00 $198,900.00 $198,900.00 $173,826.89 $173,826.89 11 B‐30 IMPORTED TOPSOIL, SOIL PREPARATION, SHOVEL CUT AND MULCHING 1 LS $20,265.00 $20,265.00 $66,412.00 $66,412.00 $57,750.00 $57,750.00 $34,210.98 $34,210.98 12 B‐31 24‐INCH BOX TREES 15 EA $660.00 $9,900.00 $862.50 $12,937.50 $725.00 $10,875.00 $950.56 $14,258.40 13 B‐32 1 GALLON SHRUBS 217 EA $30.78 $6,679.26 $28.75 $6,238.75 $23.00 $4,991.00 $88.49 $19,202.33 14 B‐35 TURF HYDROSEEDING 45000 SF $0.20 $9,000.00 $0.23 $10,350.00 $0.21 $9,450.00 $0.20 $9,000.00 15 B‐36 PLANT ESTABLISHMENT 1 LS $8,880.00 $8,880.00 $6,900.00 $6,900.00 $6,300.00 $6,300.00 $12,589.46 $12,589.46 Subtotal $727,284.26 $797,904.25 $805,424.00 $936,806.14 ADDITIVE BID SCHEDULE
Item
Num
Item
Code Description QTY Unit of
Measure Unit Price Line Total Unit Price Line Total Unit Price Line Total Unit Price Line Total 16 B‐11 HALF BASKETBALL COURT AND FURNISHINGS 1 LS $61,152.00 $61,152.00 $5,000.00 $5,000.00 $79,075.00 $79,075.00 $69,290.10 $69,290.10 Subtotal $61,152.00 $5,000.00 $79,075.00 $69,290.10
Grande Total $788,436.26 $802,904.25 $884,499.00 $1,006,096.24 G Sosa Construction Inc.V. Lopez Jr. & Sons G.E.C., Inc.Rdz Contractors, Inc.Quincon, Inc.

Attachment A

Attachment B

AGREEMENT

THIS AGREEMENT, made and entered into this 20th day of February 2024, by and between G Sosa Construction, Inc., hereinafter referred to as "Contractor," and the City of Santa Maria in the County of Santa Barbara, California, hereinafter referred to as "Owner."

WITNESSETH:

That for and in consideration of the promises and agreements hereinafter made and exchanged, Owner and Contractor agree as follows:

1. That Contractor shall complete the work generally described as follows: Phase II of the Veterans Memorial Park Improvement Project (Bid No. 2023-23), in accordance with the Contract Documents therefore, adopted by the City Council, of Owner, as prepared by City of Santa Maria.

2. That Owner will pay Contractor progress payments and the final payment, in accordance with the provisions of the contract documents, with warrants drawn on the appropriate fund or funds as required, at the prices bid on the proposal form accepted by Owner and set forth in this agreement.

Total Bid of SEVEN-HUNDRED EIGHTY-EIGHT THOUSAND, FOUR-HUNDRED THIRTY-SIX DOLLARS AND TWENTY-SIX CENTS.

Contract Price in Figures $727,284.26

3. Contractor agrees to complete said work within the contract time of nine (90) working days, from the day following the issuance of the Notice to Proceed, and approved extensions thereof, to the satisfaction of Owner before final payment is made.

4. Time is of the essence on this contract.

5. It is mutually understood and agreed that time is of the essence of this agreement and that it is difficult to ascertain the amount of damages required to properly compensate Owner for failure by Contractor to comply with all the contract requirements within the time fixed in the agreement.

In accordance with California Government Code, Section 53069.85, the amount of liquidated damages to be paid to Owner for each day completion is delayed beyond the time for completion, shall be five hundred ($500) dollars. Contractor hereby acknowledges that it has reviewed said provisions relating to liquidated damages and the amount thereof and accepts the same as being reasonable under the circumstances and as a material part of the consideration for this contract. Contractor also acknowledges that progress payments made after the scheduled completion date

Attachment B

do not constitute a waiver of liquidated damages.

6. That, in accordance with Section 1774 of the California Labor Code, Contractor will pay, and will require subcontractors to pay, employees on the project a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, contained in or referenced in the contract documents.

7. That, in accordance with Section 1775 of the California Labor Code, Contractor shall forfeit to Owner, as a penalty, not more than two hundred dollars ($200) for each day, or portion thereof, for each worker paid, either by Contractor or any subcontractor, less than the prevailing rates as determined by the Director of the California Department of Industrial Relations for the work.

8. That, in accordance with Section 1777.5 of the Labor Code, this agreement fixes the responsibility of compliance with said Section 1777.5 for all apprenticeable occupations with the prime Contractor.

9. That, except as provided in Section 1815 of the California Labor Code, in the performance of the work not more than eight (8) hours shall constitute a day's work, and not more than forty (40) hours shall constitute a week's work; that Contractor shall not require more than eight (8) hours of labor in a day nor more than forty (40) hours of labor in a week from any person employed by Contractor or any subcontractor; that Contractor shall conform to Division 2, Part 7, Chapter 1, Article 3 (Section 1810, et seq.) of the California Labor Code; and that Contractor shall forfeit to Owner, as a penalty, the sum of twenty-five dollars ($25) for each worker employed in the execution of the work by Contractor or any subcontractor for each day during which any worker is required or permitted to labor more than eight (8) hours in violation of said Article 3.

10. That Contractor shall carry workers' compensation insurance and require subcontractors to carry workers' compensation insurance as required by the California Labor Code.

11. That Contractor shall have furnished, prior to execution of the contract, three bonds approved by Owner: (1) the faithful performance bond in the amount of one-hundred percent (100%) of the contract price, to guarantee the faithful performance of the work; (2) the labor and material bond in the amount of one-hundred percent (100%) of the contract price, to guarantee payment of all claims for labor and materials furnished; and (3) the guarantee and defective material bond in the amount of ten percent (10%) of the contract price, to guarantee the one year maintenance of public improvements.

This contract shall not become effective until such bonds are supplied to and approved by Owner.

12. That Contractor, prior to execution of the contract shall comply with the following

Attachment B

Department of Industrial Relations requirements.

1. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

13. That this agreement, by reference, includes the contract documents defined in Document 00700, General Conditions.

14. That Contractor agrees to devote the time necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

15. The agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as consent by City to any assignment of this agreement or any interest in this agreement.

(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.)

Attachment B

IN WITNESS WHEREOF, said Contractor and the Mayor of Santa Maria, by Resolution No. of the City Council, of Owner thereunto duly authorized, have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written.

CONTRACTOR:

___________________________
Gregory Sosa
President, G Sosa Construction, Inc.

OWNER:

Alice Patino
Mayor, City of Santa Maria

ATTEST:

Sarah Lansburgh
Chief Deputy City Clerk
APPROVED AS TO FORM:

_______________________________
Risk Manager
_______________________________
City Attorney

Attachment B

EXHIBIT “A”

INSURANCE REQUIREMENTS

Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

Attachment B

B. Minimum Limits of Insurance

Provider shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City.

The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the

Attachment B

form or an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not
replaced with another claims-made policy form with a
Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

Attachment B

F. Verification of Coverage

Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

FOR THE COUNCIL MEETING OF FEBRUARY 20, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Interim City Manager Alex Posada

BY: Director of Public Works Brett Fulgoni

SUBJECT: Adoption of a Resolution Awarding Bid No. 2023-17 to V. Lopez Jr & Sons G.E.C., Inc. for the 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project

Description:

The City Council will consider approving the award of Bid No. 2023 -17 for the construction of the 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project to V.

Lopez Jr. & Sons G.E.C., Inc. The project work consists of improving the safety and accessibility of the existing pedestrian facilities network by focusing on areas where improvements are needed most all work necessary to render the facilities complete and operational.

Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 – Existing facilities (operation, repair, maintenance, leasing, etc.) of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility with negligible expansion of the existing uses.

RECOMMENDATION:

Adopt a Resolution awarding a bid to V. Lopez Jr & Sons G.E.C., Inc. in the amount of $1,942,704.25, for the construction of the 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project, Bid No. 2023-17.

BACKGROUND:

Under the direction of the City of Santa Maria Public Works Department, the project was designed by the Engineering Division with input from the Streets Division. The project scope includes improving the safety and accessibility of the existing pedestrian facilities network by focusing on areas where improvements are needed. The project scope also includes crosswalk improvements at low-visibility and mid-block locations. Crosswalk improvements include striping, signage, and ADA pedestrian ramp improvements.

DISCUSSION:

The project was extensively advertised for bids. The City received two bids, which were opened on December 5, 2023. A summary of the bids submitted are as follows:

2 Bidder Bid Amount
V. Lopez Jr. & Sons G.E.C., Inc. $1,942,704.25
The J. F. Will Company, Inc. $1,963,765.00

A detailed tabulation of the bids received is attached (Attachment A). Signed proposals and bid bond forms are available for viewing in the office of the Public Works Director at 110 South Pine Street, Suite 221, Santa Maria, CA 93458.

As stated in the Bid Specifications, the Basis of Award is based on the lowest responsive responsible bid, based on the Grand Total. V. Lopez Jr & Sons G.E.C., Inc. (V. Lopez) has been deemed to be the lowest responsible bidder.

The City received an inquiry from a third party, Anthony Morelli, Southwest Regional Compliance Manager for the Construction Industry Force Account Council claiming V.

Lopez Jr. & Sons’ contractor license had been issued to two entities and that their Department of Industrial Relations (DIR) Contractor Registration number had expired.

After notifying V. Lopez of the inquiry, the City received the attached letter from Hunt Ortmann Attorneys at Law representing V. Lopez Jr. & Sons. The City has verified that the information provided by Hunt Ortmann is valid and the claims by Anthony Morelli are unfounded.

V. Lopez has performed and successfully completed similar work for the City of Santa Maria, as well as many cities throughout Southern California and on the Central Coast.

In addition, they have submitted references for their work history. City staff have checked the firm’s references and are comfortable with the ability of the contractor to perform the work successfully.

The recommended action is to award the bid to V. Lopez, in the amount of $1,942,704 .25.

Alternative
The alternative to the recommended action would be to reject all bids.

Fiscal Considerations
Account number 064-011-045-52-29 "Enhanced Roadway Maintenance – LSTP,” account number 068-011-047-52-01 “Alternative Transportation Enhancements,” and account number 068-011-041-52-02 “Alternative Transportation Enhancement” have a combined total of $3,064,593.90 budgeted this fiscal year.

Available Budget Account Amount
Enhanced Roadway Maintenance – LSTP
Alternative Transportation Enhancements
Alternative Transportation Enhancement
$ 1,786,667.34
$ 661,473.50
$ 616,453.11
Estimated Expenditures Amount
Award
Contingency (15%)
$ 1,942,704.25
$ 291,405.64

3 Inspection, Testing, Staff Time $ 100,000.00
Total $ 2,334,109.89

Impact to the Community
Continual upkeep of the sidewalk network ensures a secure and robust system, ultimately benefiting the community.

ATTACHMENTS

A. Detailed Bid Results_Award of Contract - Citywide Pedestrian Safety Project_2024-01-16 B. Professional Services Agreement_Award of Contract - Citywide Pedestrian Safety Project_2024- 01-16
C. Letter_January 18, 2024 from Hunt Ortmann Attorneys at Law representing V. Lopez Jr. and Sons.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AWARDING A BID TO V. LOPEZ JR & SONS G.E.C., IN THE AMOUNT OF $1,942,704.25, FOR THE CONSTRUCTION OF 2023-2024 CITYWIDE PEDESTRIAN SAFETY AND ACCESSIBILITY IMPROVEMENT PROJECT, BID NO. 2023-17.

WHEREAS, the City of Santa Maria formally advertised 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project, Bid No. 2023-17 (“Project”); and

WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and

WHEREAS, the bids were publicly opened at 2:00 p.m. on December 5, 2023; and

WHEREAS, V. Lopez Jr. & Sons G.E.C., was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and

WHEREAS, the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 of the California Environmental Quality Act State Guidelines because the scope of work to be conducted is an existing public facility with negligible expansion of the existing uses.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. The Mayor is hereby authorized and directed to execute, for and on behalf of the City of Santa Maria, an Agreement with V. Lopez Jr. & Sons G.E.C. for the 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project, Bid No. 2023-17; and

2. The award of the bid is conditional upon execution of the Agreement by the successful bidder in the form and terms set forth therein by the City; and

3. The City Manager, or designee, is hereby authorized to approve Contract Change Orders so long as expenditures do not exceed funding approved for the project; and

4. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so,

2 the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 20th day of February 2024.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
Interim City Manager

City of Santa Maria
Bid Results for Project 2023‐2024 CITYWIDE PEDESTRIAN SAFETY AND ACCESSIBILITY IMPROVEMENT PROJECT (2023‐17) Issued on 10/18/2023
Bid Due on December 05, 2023  2:00 PM (PST)
Bid Item Num Description Quantity Unit of
Measure Unit Price Bid Item Cost Unit Price Bid Item Cost 1 Construction Coordination 1 LS $10,000.00 $10,000.00 $97,455.00 $97,455.00 2 Traffic Control and Construction Signs 1 LS $50,000.00 $50,000.00 $87,000.00 $87,000.00 3 Sawcutting 1 LS $15,000.00 $15,000.00 $25,350.00 $25,350.00 4 PCC Spandrel 18400 SF $18.00 $331,200.00 $23.00 $423,200.00 5 PCC Crossgutter 2600 SF $25.00 $65,000.00 $32.00 $83,200.00 6 PCC Driveway and Alley Approach 1100 SF $25.00 $27,500.00 $22.38 $24,618.00 7 PCC Sidewalk 15500 SF $15.00 $232,500.00 $14.00 $217,000.00 8 PCC ADA Ramp 36300 SF $24.00 $871,200.00 $19.00 $689,700.00 9 PCC Gutter Only 150 LF $60.00 $9,000.00 $41.00 $6,150.00 10 PCC Curb and Gutter 1200 LF $75.00 $90,000.00 $64.00 $76,800.00 11 PCC Bus Pad 1500 SF $28.00 $42,000.00 $20.00 $30,000.00 12 Class 2 Aggregate Base (6" Thick)380 SF $15.00 $5,700.00 $8.80 $3,344.00 13 Asphalt Concrete (1/2" Type A or B) ‐ Digout Repairs (4" Thick)1500 SF $12.00 $18,000.00 $25.00 $37,500.00 14 Root Barrier 310 LF $6.00 $1,860.00 $37.60 $11,656.00 15 4" Sidewalk Joint 290 LF $47.00 $13,630.00 $5.90 $1,711.00 16 Truncated Domes 16 EA $500.00 $8,000.00 $504.00 $8,064.00 17 Signage 1 LS $66,099.25 $66,099.25 $46,892.00 $46,892.00 18 Thermoplastic Striping 18500 SF $4.39 $81,215.00 $4.75 $87,875.00 19 Red Curb 2500 LF $1.92 $4,800.00 $2.50 $6,250.00
Total $1,942,704.25 $1,963,765.00
V. Lopez Jr. & Sons G.E.C., Inc.JJ Fisher Construction, Inc.

Attachment A

Attachment B

AGREEMENT

THIS AGREEMENT, made and entered into on this 20th day of February 2024, by and between V. Lopez Jr. & Sons G.E.C., Inc., hereinafter referred to as "Contractor," and the City of Santa Maria in the County of Santa Barbara, California, hereinafter referred to as "Owner."

WITNESSETH:

That for and in consideration of the promises and agreements hereinafter made and exchanged, Owner and Contractor agree as follows:

1. That Contractor shall complete the work generally described as follows: 2023-2024 Citywide Pedestrian Safety and Accessibility Improvement Project (Bid No. 2023-17), in accordance with the Contract Documents therefore, adopted by the City Council, of Owner, as prepared by City of Santa Maria.

2. That Owner will pay Contractor progress payments and the final payment, in accordance with the provisions of the contract documents, with warrants drawn on the appropriate fund or funds as required, at the prices bid on the proposal form accepted by Owner and set forth in this agreement.

Total Bid of ONE-MILLION, NINE-HUNDRED FORTY-TWO THOUSAND, SEVEN- HUNDRED, FOUR DOLLARS AND TWENTY-FIVE CENTS.

Contract Price in Figures $1,942,704.25

3. Contractor agrees to complete said work within the contract time of sixty (60) working days, from the day following the issuance of the Notice to Proceed, and approved extensions thereof, to the satisfaction of Owner before final payment is made.

4. Time is of the essence on this contract.

5. It is mutually understood and agreed that time is of the essence of this agreement and that it is difficult to ascertain the amount of damages required to properly compensate Owner for failure by Contractor to comply with all the contract requirements within the time fixed in the agreement.

In accordance with California Government Code, Section 53069.85, the amount of liquidated damages to be paid to Owner for each day completion is delayed beyond the time for completion, shall be five hundred ($500) dollars. Contractor hereby acknowledges that it has reviewed said provisions relating to liquidated damages and the amount thereof and accepts the same as being reasonable under the circumstances and as a material part of the consideration for this contract. Contractor

Attachment B

also acknowledges that progress payments made after the scheduled completion date do not constitute a waiver of liquidated damages.

6. That, in accordance with Section 1774 of the California Labor Code, Contractor will pay, and will require subcontractors to pay, employees on the project a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, contained in or referenced in the contract documents.

7. That, in accordance with Section 1775 of the California Labor Code, Contractor shall forfeit to Owner, as a penalty, not more than two hundred dollars ($200) for each day, or portion thereof, for each worker paid, either by Contractor or any subcontractor, less than the prevailing rates as determined by the Director of the California Department of Industrial Relations for the work.

8. That, in accordance with Section 1777.5 of the Labor Code, this agreement fixes the responsibility of compliance with said Section 1777.5 for all apprenticeable occupations with the prime Contractor.

9. That, except as provided in Section 1815 of the California Labor Code, in the performance of the work not more than eight (8) hours shall constitute a day's work, and not more than forty (40) hours shall constitute a week's work; that Contractor shall not require more than eight (8) hours of labor in a day nor more than forty (40) hours of labor in a week from any person employed by Contractor or any subcontractor; that Contractor shall conform to Division 2, Part 7, Chapter 1, Article 3 (Section 1810, et seq.) of the California Labor Code; and that Contractor shall forfeit to Owner, as a penalty, the sum of twenty-five dollars ($25) for each worker employed in the execution of the work by Contractor or any subcontractor for each day during which any worker is required or permitted to labor more than eight (8) hours in violation of said Article 3.

10. That Contractor shall carry workers' compensation insurance and require subcontractors to carry workers' compensation insurance as required by the California Labor Code.

11. That Contractor shall have furnished, prior to execution of the contract, three bonds approved by Owner: (1) the faithful performance bond in the amount of one-hundred percent (100%) of the contract price, to guarantee the faithful performance of the work; (2) the labor and material bond in the amount of one-hundred percent (100%) of the contract price, to guarantee payment of all claims for labor and materials furnished; and (3) the guarantee and defective material bond in the amount of ten percent (10%) of the contract price, to guarantee the one year maintenance of public improvements.

This contract shall not become effective until such bonds are supplied to and approved by Owner.

Attachment B

12. That Contractor, prior to execution of the contract shall comply with the following Department of Industrial Relations requirements.

1. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

13. That this agreement, by reference, includes the contract documents defined in Document 00700, General Conditions.

14. That Contractor agrees to devote the time necessary to perform the services set forth in this agreement in an efficient and effective manner. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.

15. The agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as consent by City to any assignment of this agreement or any interest in this agreement.

(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.)

Attachment B

IN WITNESS WHEREOF, said Contractor and the Mayor of Santa Maria, by Resolution No. 2023-xx of the City Council, of Owner thereunto duly authorized, have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written.

CONTRACTOR:

___________________________
Vince Lopez, III
V. Lopez Jr. & Sons G.E.C., Inc.

President

OWNER:

Alice Patino
Mayor

ATTEST:

Sarah Lansburgh
Chief Deputy City Clerk
APPROVED AS TO FORM:

_______________________________
Risk Manager
_______________________________
City Attorney

Attachment B

EXHIBIT “A”

INSURANCE REQUIREMENTS

Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

Attachment B

B. Minimum Limits of Insurance

Provider shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self-insured Retentions

Self-insured retentions must be declared to and approved by the City.

The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the

Attachment B

form or an endorsement to the Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.

4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not
replaced with another claims-made policy form with a
Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

Attachment B

F. Verification of Coverage

Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

30HJOHN DARLING
E-mail: darling@huntonmann. com unTORTfTiflnn
RTTORnEyS AT LRUJ
Years of Legal Excellence
January 18, 2024
Anthony Morelli
Southwest Regional Compliance Manager
Construction Industry Force Account Council
PO Box 2442
Camarillo, CA 93011-2442
[email protected]
Cease and Desist Trade Libel Against V. Lopez Jr &Sons GeneralRe:

Engineering Contractors, Inc.

Dear Mr. Morelli:

Please be advised that this office represents V. Lopez Jr & Sons General Engineering Contractors, Inc. ("Lopez"). We have recently been informed that you have contacted the City of Santa Maria ("City") and made several false and defamatory statements regarding Lopez.

Specifically, you falsely alleged (1) that Lopez has two legal entities (claimed to be "V. Lopez Jr. & Sons G.E.C., Inc." and "V. Lopez Jr. & Sons General Engineering Contractors Inc."), (2) that Lopez's coiporate charter has expired, (3) that Lopez's Contractor's License has been issued to the two entities named above , and (4) that the Department of Industrial Relations ("DIR") Contractor Registration number has expired. As discussed below, not only do the documents which Lopez submitted to the City as a part of the bidding process demonstrate that your defamatory statements are false, but a cursory search through the public databases for the relevant state of California government departments easily show that your statements are not true.

As discussed below, various California government departments publicly provide information showing that there is only one entity belonging to Lopez, and not two as you falsely claim. Searches through the California Secretary of State's ("SoS") website (attached hereto as Exhibit A) , California State Licensing Board ("CSLB") website search (attached hereto as Exhibit B)), and DIR website (Exhibit C) all show only Lopez listed and associated with each of the relevant databases, licenses, and registrations. There simply is no evidence to support the existence of a second company as you claimed exists to the City.

You falsely claimed that Lopez's corporate charter has expired. A brief search on the SoS website (attached hereto as Exhibit A) clearly shows that this is incorrect and that Lopez is an active corporation in good standing with the state of California. This is reflected as well in the documents Lopez submitted to the City. There is no basis in fact for this defamatory statement. 301 North Lake Avenue, 7’'’ Floor l Pasadena, CA 91101-1807 l Voice: (626) 440-5200 l Fax: (626) 796-0107 l www.huntortmann.com

VIA MAIL AND E-MAIL
Attachment C

Anthony Morelli
January 18, 2024

Page 2 ends

You falsely claim that Lopez's Contractor's License has been issued to the two entities named above. Once more, this claim is easily debunked as Exhibit B demonstrates that the CSLB website search clearly shows that only Lopez is listed on License #607333. There is no second entity as you claimed. This is likewise shown in the documents Lopez submitted to the City.

Last, your claim that Lopez's DIR Contractor Registration number has expired is false.

Again, Lopez possesses an active registration with the DIR which, again, is easily verifiable by searching the DlR's public database, as shown in Exhibit C. The bid documents Lopez submitted to the City also show that Lopez's DIR Contractor Registration is active and in good standing.

There is no basis in fact for this defamatory statement.

As explained above, there is no basis in fact for any of the several defamatory statements you made regarding Lopez to the City. You must immediately cease and desist in making and publishing such statements about Lopez or its principals. These statements are false, not true, and are defamatory.

Your published statements concern, degrade, and damage the reputations of Lopez and its principals. Interfering with Lopez's contractual relationships is tortious conduct as well, and is damaging to Lopez’s prospective economic advantage. You very well know that Lopez is a public works contractor. Making false and defamatory statements, such as the statements you made to the City, is very damaging for a public works contractor and will lead to significant and consequential damages which you are liable for.

Cease making any further statements that damage the reputations of Lopez and its principals or causing other damages to Lopez. Additionally, please inform me of any other statements, in addition to the one referenced above, about Lopez or its principals either written, spoken, or published on-line or electronically in any other medium and the details of any such other statements including the time, date, nature of the statement, where the statement was published or to whom it was made. Furthermore, Lopez intends to fully pursue its rights in this regard.

Please note that this letter contains a preservation notice instructing you to maintain any such files or data that you have on any computer or other storage medium and to take steps to prevent the deletion or overwriting of any of the referenced data relating to your on-line statements about Lopez referenced above or any other further statements that you have made about Lopez or its principals either written, spoken, or published on-line or electronically in any other medium and communications that you have had with Lopez customers or about Lopez projects. Lopez continues to determine whether any other improper conduct has occurred damaging Lopez’s reputation or causing other damage and then the extent of any such further conduct, statements or publications. If suit is filed, we intend to vigorously fight to protect Lopez's rights, and will seek all available damages, which will likely include attorneys' fees.

Finally, please preserve all records relating to your statements about Lopez referenced above or about any other statements that you have made about Lopez or its principals either Attachment C

Anthony Morelli
January 18, 2024

Page 3 ends

written, spoken, or published on-line or electronically in any other medium and that may relate to further litigation of these issues. See, e.g., National Assn of Radiation Survivors v. Turnage, 115 F.R.D. 543, 556-57 (N.D. Cal. 2006); Convolve, Inc. v. Compaq Computer Corp.^ 223 F.R.D. 162, 175 (S.D.N.Y. 2004); Apple Inc. v. Samsung Electronics Co., Ltd., 881 F. Supp. 2d 1132, 1136 (N.D. Cal. 2012). Following a legal demand, you “must suspend [any] routine document retention/destruction policy and put in place a Mitigation hold' to ensure the preservation of relevant documents.” Zubulake v. UBS Warburg, 2020 F.R.D. 212, 218 (S.D.N.Y. 2003).

You should preserve all electronically stored information, copies and backups, along with any paper documents or other files, which you maintain that relate to your on-line statements about Lopez referenced above or to any other statements that you have made about Lopez or its principals either written, spoken, or published online or electronically in any other medium. This should include, but is not limited to, all electronic files created, revised or maintained by you on any storage media, network servers, desktop hard drives, portable devices (laptops, cellular telephones, tablets, smartphones), cloud-based storage systems, diskettes, CDs, DVDs, etc., as well as email messages, text messages, iMessage, SMS messages, direct messages through any messaging applications (e.g. Linkedin, Instagram, Facebook, Facebook Messenger, WhatsApp, Signal, Telegram, Discord, Snapchat, TikTok) and attachments.

Additionally, you are on notice not to allow the deletion of any electronic or paper files or communications, both from your personal files and other source. You are instructed to stop any and all document or data destruction mechanisms, and to take all steps to ensure that documents and data are preserved and not deleted, altered or modified in any way. Finally, you must notify current or former agents, attorneys, employees, custodians or contractors, or other third parties in possession of potentially relevant information to preserve such information to the full extent of your, or their, obligation to do so.

If you have counsel, please forward this letter to your counsel. If you have a good faith basis that you were not intentionally making the claims you made to the City then please provide all information and documents to support such an indication and I will consider retracting this letter. Otherwise, I await your response. Lopez reserves the right to pursue any and all remedies, rights and obligations that it may have, including filing for injunctive relief and/or monetary damages, without further notice and reserves all rights to do so.= Very truly^ours.

John >g
JDD:JPC
Vince Lopez III
Butch Lopez
cc:

Attachment C

EXHIBIT A
Attachment C

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UCC
V. LOPEZJR. & SONS GENERAL

ENGINEERING CONTRACTORS,
INC. (2937212)
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Date
Initial Filing Date 12/11 /2006
Status Active
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Standing n VCFCF Good
Formed In CALIFORNIA
Entity Type Stock Corporation n CA -
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V. LOPEZJR. &

SONS GENERAL

ENGINEERING

CONTRACTORS,
INC. (2937212)
> 12/11/2006
Principal Address 1639 E DONOVAN RD
SANTA MARIA, CA 93454
Mailing Address 1639 E DONOVAN RD
SANTA MARIA,CA93454
Statement of Info
Due Date
12/31/2024
Individual

VINCE LOPEZ
1639 E DONOVAN RD
SANTA MARIA, CA 93454
Agent
Or^OO
(7^
Request AccessView History
© 2024 CA Secretary of State
3/3 https://bizfileonline.sos.ca.gov/search/business
Attachment C

EXHIBIT B
Attachment C

Contractors State License Boar
©Contractor's License Detail for License #
607333
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.
» CSLB compleim disclosure ^ resincred by le w (B4P 7124,6} tf (Ns enmy is subject to public complaint disclosure click oo link th4l will dppeer below lor more lolormetion Click here for a defmition of disposable actions » Orly construction related Civit fudgmenls reported to CSLB disclosed tS&P 707X 1?}. $ Arbitrations arc not liSlcd unless Ihc contractor fails to comply with the terms » Due to workload, (here may be relevarft information that has r^ot yet been entered into the board's license database Data current as of 1/17/2024 2:56:24 PM

VLOPEZ JR & SONS GENERAL ENGINEERING CONTRACTORS INC
1639 E. DONOVAN RD
SANTAMARIA, CA93i54
Business Phone Njmt>er:(805) 928-119S
Entity
Issue Date
Corporation
11/29/1990
09/28/2007
09/30/2025
Reissue Date
Expire Date
This license is current and active,
All information below should be reviewed.
> A-GENERAL ENGINEERING
► B-GENERALBUILDING
Contractor's Bond
This license filed a Contractor's Bond with HUDSON INSURANCE COMPANY.

Bond Number; 30119671
Bond Amount: $25,000
Effective Date: 07/01/2023
Contractor's Bond History
Bond of Qualifying Individual
► The qualifying individual VINCENT LOPEZ JR certified that he/she owns 10 percent or more of the votingstock/membership interest of this company; therefore, the Bond of Qualifying individual is not required.

Effective Date: 01/13/2022
BQI’s Bond History
► The qualifying individual BUTCH ALBERT LOPEZ certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying individual is not required.

Effective Date: 01/14/2022
Attachment C

This license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY

COMPANYOF AMERICA
Polity Number:UB4P27S832
Effective Date; 02/01/2020
Expire Date: 02/01/2024
Workers' Compensation History
► 09/28/2007 ● LICENSE REISSUED TO ANOTHER ENTITY
B.hf to Top ●inciH’ 1
% Bolic-
Copyright © 2024 State of California
Attachment C

EXHIBIT C
Attachment C

cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails1/17/24, 3:07 PM Registration HistoryContractor Information
Effective Date Expiration DateLegal Entity Name
V.LOPEZ JR. AND SONS GENERAL ENGINEERING ...

Legal Entity Type
Corporation
Status
Active
Registration Number
1000001200
Registration effective date
7/1/2022
Registration expiration date
6/30/2025
Mailing Address
P.O. BOX488 SANTA MARIA 93456 CA United St...

Physical Address
1639 E Donovan Rd SANTA MARIA 93454 CA Un...

Email Address
Trade Name/DBA
License Number(s)
C5LB:607333
7/11/2018 6/30/2019
5/8/2017 6/30/2018
6/2/2016 6/30/2017
6/19/2015 6/30/2016
6/30/20159/8/2014
7/1/2019 6/30/2022
6/30/20257/1/2022
Legal Entity Information
Corporation Number:

Federal Employment Identification Number:

President Name:

Vince Lopez III
Vice President Name:

Vince Lopez Jr
Treasurer Name:

Butch Lopez
Secretary Name:

Butch Lopez
CEO Name:

Agent of Service Name:

Vince Lopez
Agent of Service Mailing Address:
1639 E Donovan Rd Santa Maria 93454 CA United States of America Workers Compensation
Do you lease employees No
through Professional
1/2 https://cadir.my.salesforce-sites.eom/ContractorSearch/PrintRegDetails Attachment C

cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails1/17/24, 3:07 PM Employer Organization
(PEO)?:

Please provide your
current workers
compensation insurance
information below:

PEO
PEO InformationName
PEO
Email
PEO
Phone
Insured by Carrier
Policy Holder Name:VLOPEZJRANDSONSGENERALENGINEERINGCONTRACTORSINC Insurance CarrienTRAVELERS COMMERCIAL INSURANCE COMPANYPolicy Number:

UB-0K154981-19-26-GInception date:2/l/2019Expiration Date:2/l/2023 htlps://cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetails 2/2 Attachment C

PROOF OF SERVICE
V. Lopez Jr. & Sons General Engineering Contractors, Inc. v. The City of Pismo Beach Case No. 20CV-0652
2 3

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
4 At the time of service, 1 was over 18 years of age and not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is 301 North Lake Avenue, 7th Floor, Pasadena, CA 91 101-1807.

On January 18, 2024,1 served the following document(s) described as LETTER RE FALSE STATEMENTS TO CITY OF SANTA MARIA on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes addressed as follows:
5 6
7 SEE ATTACHED SERVICE LIST
9 BY MAIL: I am "readily familiar" with Hunt Ortmann Palffy Nieves Darling & Mah, Inc.'s practice for collecting and processing correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with the United States Postal Service that same day in the ordinary course of business. Such envelope(s) were placed for collection and mailing with postage thereon fully prepaid at Pasadena, California, on that same day following ordinary business practices.

BY E-MAIL: 1 caused a copy of the document(s) to be sent from e-mail address [email protected] to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful.
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1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on January 18, 2024, at Pasadena, California.
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2 19
Rachel Smith
20 21
22 23
24 25
26 27
28 Attachment C

SERVICE LIST
V. Lopez Jr. & Sons General Engineering Contractors, Inc. v. The City of Pismo Beach Case No. 20CV-06522
Anthony Morelli
Southwest Regional Compliance Manager
Construction Industry Force Account Council
PO Box 2442
Camarillo, CA 9301 1-2442
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2 Attachment C

FOR THE COUNCIL MEETING OF FEBRUARY 20, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Interim City Manager Alex Posada

BY: Interim Director Recreation and Parks, Angela Oslund

SUBJECT: Adoption of a Resolution to Approve Filing a Project Application to the California State Parks, Local Assistance Specified Grants-Capital for the Santa Maria Sports Complex

Description:

The City Council will consider approving the filing of Local Assistance Specified Grant Application for the Santa Maria Sports Complex.

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

RECOMMENDATION:

Adopt a Resolution allowing the Recreation and Parks Department to file a project application to California State Parks, Local Assistance Specified Grants -Capital, for the Santa Maria Sports Complex.

BACKGROUND:

The project application originates from a specific line item in the State of California Budget for the fiscal year 2023-24, (previously known as an “earmark”, sponsored by Senator Limón and Assemblymember Greg Hart), emphasizing the state's commitment to supporting the Santa Maria Sports Park initiative. The procedural pathway for the project involves the necessity of obtaining Council approval through a resolution, a critical step before the issuance of a contractual agreement for the project.

DISCUSSION:

The project application and accompanying funding are instrumental in propelling the City's Sports Complex initiative forward. The $1,000,000 allocated funds from the State of California's budget for the fiscal year 2023-24 provide a substantial investment, ensuring the development of state-of-the-art facilities catering to diverse sporting and recreational activities.

Once established, the Sports Complex will serve as a central hub for community engagement, hosting various sporting events and activities for residents of all ages.

Beyond its local impact, the Complex is expected to attract visitors, enhancing tourism

2 and bolstering the City's economic growth. The City Council's support in approving the resolution and endorsing the application packet is crucial in realizing this transformative project and advancing the City towards a more vibrant and interconnected future.

Alternative(s)
Not submitting this project proposal would mean forgoing a significant opportunity for financial support from the State of California to advance the Sports Complex initiative ; which could result in a missed chance to enhance the community's well -being and limit the City's progress in establishing a key focal point for sports and recreation.

Fiscal Considerations
By submitting this project proposal, the City stands to secure a substantial financial boost of $1,000,000 for the Sports Complex. This funding injectio n would play a pivotal role in the successful implementation of the project, facilitating the construction and development of essential facilities and amenities.

Impact to the Community
The $1,000,000 would assist in providing state-of-the-art facilities for diverse sporting and recreational activities, the Sports Complex will become a central hub fostering community engagement and well-being. Residents of all ages would benefit from enhanced opportunities for active and healthy lifestyles. The Complex's hosting of various events and tournaments would attract visitors from neighboring areas and would not only boost local tourism but also contribute to the overall economic growth of the community.

ATTACHMENTS Resolution-2024 Approving Project Application for Local Assistance Specified Grants – Sports Park

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA, APPROVING

APPLICATION FOR SPECIFIED GRANT FUNDS FROM BUDGET
ACT 2023/24

WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Santa Maria, Recreation and Parks Department , setting up necessary procedures governing application(s); and

WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project application before submission of said applications to the State; and

WHEREAS, the applicant will enter into a contract with the State of California to complete the project.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. Approves the filing of project application(s) for specified grant project(s); and

2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this gran t, to complete the project; and

3. Certifies that the applicant has or will provide sufficient funds to operate and maintain the project(s); and

4. Certifies that the applicant has reviewed, understands, and agrees to the Provisions contained in the contract in this Procedural Guide; and

5. Delegates the authority to the Director of Recreation and Parks, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and

6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 20th day of February 2024.

I, the undersigned, hereby certify that the
foregoing Resolution Number_____ was
duly adopted by the City Council of the City
of Santa Maria, California following a roll
call vote:

Ayes:

Noes:

Absent: __________________________

Assistant City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Interim Department Director
_______________________________
Interim City Manager

FOR THE COUNCIL MEETING OF FEBRUARY 20, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Interim City Manager Alex Posada

BY: Interim Recreation and Parks Director Angela Oslund

SUBJECT: Adoption of a Resolution Approving an Agreement with Santa Maria Joint Union High School District for Continued Operation and Use of District Pools

Description:

The City Council will consider approving the Agreement with Santa Maria Joint Union High School District for Operation and Use of District Pools

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required

RECOMMENDATION:

Adopt a resolution approving the Agreement between the City of Santa Maria and the Santa Maria Joint Union High School District for the continued operation and use of District Pools.

BACKGROUND:

In 2005, the City of Santa Maria entered into an agreement with the Santa Maria Joint Union High School District (District) whereby the City contributed funds towards the construction of pools at Pioneer Valley High School and Santa Maria High School. This initial collaboration aimed to enhance recreational and educational facilities for Santa Maria residents.

The proposed agreement continues this history of cooperation, allowing the City to provide services at three pools constructed by the District at Pioneer Valley High School, Righetti High School, and Santa Maria High School. The agreement outlines terms for the use of these pools by the City and the hiring of City employees by the D istrict for pool maintenance, management, and lifeguard services.

DISCUSSION:

The collaboration between the City and the D istrict aligns with the shared goal of improving access to recreational and educational facilities for the benefit of Santa Maria residents. The agreement allows the City to extend its services to new pools, enha ncing community engagement and promoting a healthier lifestyle.

2 Alternative(s)
The Council may choose not to approve the agreement, thereby limiting the City's involvement in providing services at the new pools. However, such a decision may result in missed opportunities for community engagement and the positive utilization of recreational facilities.

Fiscal Considerations
The District will continue to fund certain positions in the City's Recreation and Parks Department to provide the specified services. T he fiscal impact is outlined in the agreement. This collaboration represents a mutually beneficial arrangement without an additional financial burden on the City.

Impact to the Community
The approval of this continuation agreement signifies a substantial positive impact on the Santa Maria community. By continuing the City's services to two pools at Pioneer Valley High School, and Santa Maria High School, residents will enjoy enhanced recreational opportunities. This aligns with the City's commitment to promoting community health and well-being, encouraging physical activity, and fostering a healthier lifestyle for all.

ATTACHMENTS Agreement with Santa Maria Joint Union High School District for Operation and Use of District Pools

Page 1 of 11 ends
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