Agenda — Wasco City Council, July 2, 2024

City of Wasco City Council Meeting Agenda, July 2, 2024

Public advisory: Face masks are recommended. The City C ouncil chamber is open and accessible to the public.

View the meeting Live on the city’s website
https://www.cityofwasco.org/306/city-council-meeting-videos s ubject to technical limitations.

ACCESSIBILITY: I n compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department at 661-758-7215 or via email at [email protected] w ithin 48 hours of the meeting or sooner.

T
he following is provided to assist with public participation:

AGENDA AVAILABILITY : The City Council Agenda is posted on the bulletin board at the entrance of City Hall, 746 8th Street, Wasco, at the entrance of 764 E Street, Wasco, and at the entrance of the Police’s Office, 748 F Street, Wasco. The agenda packet, meeting minutes, and archived City Council meetings are available on the City ’s website, www.cityofwasco.org.

Agenda Materials: Ci ty Council agenda materials are released no later than 72 hours prior to a meeting and are available to the public at the City Clerk’s Office, 746 8th Street, Wasco, CA, in a public binder at each City Council meeting, and on the City’s website at https://www.cityofwasco.org/AgendaCenter

PUBLIC C OMME NTS: All public comments are subject to a 2 -minute limit, and a maximum of Thirty (30) minutes will be allowed for any subject. To provide your comments to the City Councilmembers regarding matters not on the agenda or a specific item on the agenda, you may address your comments IN PERSON. Before making your presentation, you will be asked to state your name for the record . If you would like to submit a written public comment, please email the City Clerk at [email protected] no later than 4:00 p.m. July 2, 2024. Please clearly indicate which agenda item number your comments pertain to. Every effort will be made to read your comment into the record. If a comment is received after the specific time mentioned above but before the meeting is adjourned, the comment will still be included as a part of the record of the meeting. Still, it will not be read into the record.

P
lease be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless AGENDA
Regular City Council Meeting,
Successor Agency to the
Former Redevelopment Agency and the
Wasco Public Finance Authority

Tuesday, July 2, 2024 – 6:00 pm.

Council Chambers
746 8th Street, Wasco, CA 93280
www.cityofwasco.org

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City of Wasco City Council Meeting Agenda, July 2, 2024 exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.

SPANISH INTERPRETATION: I f you need an interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at 661-758-7215 or via email at [email protected]. S ubject to availability , notifying the City at least 48 hours before will usually enable it to make arrangements.

INTERPRETACIÓN EN ESPAÑOL: Si necesita una interpreta ci ón de sus comunicaciones al Concejo Municipal del español al inglés, comuníquese con el Departamento del Secretario de la Ciudad al 661 -758-7215 o por correo electrónico a [email protected]. La notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer arreglos. Sujeto a di
sponibilidad.

REGULAR MEETING – 6:00 pm

1) CALL TO ORDER: Mayor

2) ROLL CALL: Mayor Garcia, Mayor Pro Tem Medina, Council Members: Martinez, Reyna, Saldaña

3) FLAG SALUTE: by Mayor

4) INVOCATION: by

5) PRESENTATIONS: None

6) PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA:

This portion of the meeting is reserved for persons desiring to address the Council , including the Council acting as the Governing Board for the Successor Agency on any matter not on this agenda over which the Council and Successor Agency have jurisdiction. Speakers are l imited to two (2) minutes. A maximum of Thirty (30) minutes will be allowed for any one subject. Please state your name for the record before making y
our presentation.

BROWN ACT REQUIREMENTS: The Brown Act does not allow action or Discussion on items not on the agenda (subject to narrow ex ceptions). This will limit a Councilmember’s response to questions and requests during this comment period. 7) SUCCESSOR AGENCY BUSINESS: None

8) WASCO PUBLIC FINANCE AUTHORITY BUSINESS: None

9) NEW EMPLOYEE POLICE DEPARTMENT BADGE PINNING CEREMONY FOR: None

10) PUBLIC SAFETY REPORTS
a. Kern County Fire Department (Appleton)

b. Wasco Police Department (Fivecoat)

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City of Wasco City Council Meeting Agenda, July 2, 2024 CITY COUNCIL BUSINESS:
11) CONSENT CALENDAR:

The Consent Calendar consists of items that, in the staff 's opinion, are routine and non- controversial. These items are approved in one motion unless a Council Member or member of the public requests the removal of a particular item. a. Receive and File department payments totaling $3,114,681.06

b. Approval of Minutes for June 18, 2024, Regular Meeting.

c. Approval of Travel and Training Expenses Exceeding $500.00 per trip for one-half of City Attorney Thomas F. Schroeter’s registration fees and one night's hotel stay to attend the League of California Cities Annual Conference held on October 16-18, 2024, in Long Beach, California, not to exceed $524.00, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

d. Adopt a R esolution Authorizing the City Manager or D esignee to Execute a Purchase Order with Coastline Equipment Co., a SourceWell partner, to purchase a New Front Loader in an amount not to exceed $220,000.00, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 1 5378, no environmental review is required.

e. Adopt a Resolution Authorizing the City Manager or Designee to Execute a Purchase Order from Berchtold Equipment, a Sourcewell Provider, for a Smooth Drum Roller attachment in an amount not to exceed $12,500.00, and Find that this action is not a project as defined under the California Environme ntal Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15 378, no environmental review is required.

f. Adopt a Resolution Authorizing the City Manager or Designee to Execute a Purchase Order with Farm Pump and Irrigation in an amou nt not to exceed $24,000.00 for the Rebuild of Well #12 Motor, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental re view is required.

g. Adopt a Resolution Authorizing the City Manager or Designee to Execute Contract Change Orders to Agreement No. 2023 -003 with Hartzell General Engineering Contractor, Inc. for the Well 13 Site Development Project. The change orders shall not exceed an additional $ 200,000.00 on top of the originally approved contract amount, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

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City of Wasco City Council Meeting Agenda, July 2, 2024 h. Approval of the acceptance of the Palm Avenue RSTP & CMAQ Project and Authorization for the City Clerk to file the Notice of Completion , and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

i. Adopt a Resolution Approving the Fee Amendment to the Administrative Services Agreement between Navia Benefits Solutions Inc. and the City of Wasco, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

j. Adopt a Resolution Authorizing the City Manager or Designee to Finalize and Execute the City of Wasco Workplace Violence Prevention Plan (WVPP), and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

12) PUBLIC HEARINGS: None
13) DEFERRED BUSINESS: None

14) NEW BUSINESS:
a. Adopt a Resolution Approving the Amended Salary Schedule for the Fiscal Year 2024-2025 in Compliance with the California Public Employees’ Retirement System (CalPERS) Requirement for Publicly Available Pay Schedules , and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; theref ore, pursuant to State Guidelines Section 15 378, no environmental review is required.

b. Adopt a Resolution Approving the Proposed Memorandum of Understanding Agreement between the Wasco Police Officers Association (WPOA) and the City of Wasco, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

15. REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Garcia)
b. Kern Council of Government (Reyna)
c. Wasco Task Force (Saldaña and Medina)

16. REPORTS FROM THE CITY MANAGER:

17. REPORTS FROM THE CITY COUNCIL:

18. CLOSED SESSION:
a. Approval of Closed Session Minutes for June 18, 2024

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City of Wasco City Council Meeting Agenda, July 2, 2024 b. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: WPOA

c. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: SEIU Local 521
c. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1) Name of Case: Amerivet Contracting, a California Corporation

19. CLOSED SESSION ACTION:

20. ADJOURNMENT:

This is to certify that this agenda was posted at Wasco City Hall on Ju ne 27, 2024, on/or before 6:00 p.m. The agenda is also available on the City website at www.cityofwasco.org.

_________________________________
Monica Flores
Deputy City Clerk

All agenda item supporting documentation is available for public review o n the city website , www.cityofwasco.org, and the office of the City Clerk of the City of Wasco, 746 8 th Street, Wasco, CA 93280 , during regular business hours, 8:00 am – 4:30 pm Monday through Thursday and 8:30 am – 4:30 pm Friday (closed alternate Friday's), following the posting of the agenda. Any supporting documentation related to an agenda item for an open session of any regular meeting that is distributed after the agenda is posted and prior to the meeting will also be available for review at the same location and available at the meeting. Please remember to turn off all cell phones, pagers, or electronic devices during Council meetings.

The City of Wasco does not discriminate on the basis of disability in the access to, provision of, or employment in its programs and activities pursuant to 29 United States Code Section 12132 and California Civil Code Section 54.

Information regarding the rights provided under the Americans with Disabilities Act (ADA) may be obtained from the City Clerk's Office.

If you need special assistance to participate in this meeting, please contact the City Clerk's Office at (661) 758- 7215 to make reasonable arrangements to ensure accessibility to this meeting. Telephone (661) 758 -7215.

Requests for assistance should be made at least two (2) days in advance whenever possible.

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City of Wasco City Council Meeting Agenda, June 18, 2024

MINUTES

WASCO CITY COUNCIL
and Successor Agency to the
Former Redevelopment Agency
Wednesday, June 18, 2024
Regular Meeting – 4:00 p.m.

City Council Chambers
746 8th Street, Wasco, CA 93280

REGULAR MEETING – 6:00 pm

1) CALL TO ORDER:

Mayor Garcia called the meeting to order at 6:00 p.m.

2) ROLL CALL: Mayor Garcia, Mayor Pro Tem Medina, Council Members: Martinez, Reyna, Saldaña
PRESENT: Mayor Garcia, Mayor Pro Tem Medina, Council Members: Martinez, Reyna, Saldaña

STAFF PRESENT: City Manager Hurlbert, City Attorney Schroeter, City Clerk Martinez, Deputy City Clerk Flores, Administrative Assistant Carranza, Community Development Director Cobb, Public Works Director Villa, Chief of Police Fivecoat, Finance Director Perez-Hernandez, Code Enforcement Officer Gonzalez, Code Enforcement Officer Tovar

3) FLAG SALUTE: by Mayor Garcia

4) INVOCATION: observed a moment of silence

5) PRESENTATIONS: None

6) PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA:
• Matthew Maldonado
• Claribel Gutierrez
• Augustin Lule

Administrative Assistant Carranza read aloud an email comment from John Pallares. 7) SUCCESSOR AGENCY BUSINESS: None

8) WASCO PUBLIC FINANCE AUTHORITY BUSINESS: None

9) NEW EMPLOYEE POLICE DEPARTMENT BADGE PINNING CEREMONY FOR: None

10) PUBLIC SAFETY REPORTS
a. Kern County Fire Department (Appleton)
Chief Fivecoat gave a recent fire report in Fire Chief Appleton’s absence. 11 of 132
City of Wasco City Council Meeting Agenda, June 18, 2024 b. Wasco Police Department (Fivecoat)
Chief Fivecoat gave a PowerPoint presentation of the Wasco Police Department activity report.

CITY COUNCIL BUSINESS:
11) CONSENT CALENDAR:

The Consent Calendar consists of items that, in the staff 's opinion, are routine and non- controversial. These items are approved in one motion unless a C ouncil Member or member of the public requests the removal of a particular item. a. Receive and File department payments totaling $1,265,924.04

b. Approval of Minutes for:

1. June 4, 2024, Regular Meeting

2. June 12, 2024, Special Meeting

c. Adopt a Resolution Approving the Annual Statement of Investment Policy and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Reso#2024-4071
d. Approval of Travel Expenses Exceeding $500.00 per participant for Mayor Garcia, Mayor Pro Tem Medina, Council Member Reyna, Council Member Saldaña, and City Manager Hurlbert to attend the League of California Cities 202 4 Annual Conference on October 16-18, 2024, in Long Beach, California, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

e. Approval of Travel Expenses Exceeding $500 for Police Officer Angel Sanchez and Police Sergeant Lloyd Galutira to attend the Alcohol Policing Partnership Training Conference in Sacramento, CA, on July 8-10, 2024, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

f. Adopt a resolution Declaring its Intention to Review the Improvements and Assessments for Wasco Maintenance District No. 1, Wasco Landscape and Lighting Maintenance Districts No. 01-01, No. 01-02, No. 06-1, and 2017-1 for Tax Year 2024- 25 and Authorizing the City Clerk to Publish the Resolution setting the Public Hearing, and F ind that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Reso#2024-4072

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City of Wasco City Council Meeting Agenda, June 18, 2024 g. Adopt a Resolution approving the Annual Transportation Development Act Public Transit report and claim for Fiscal Year 2022-2023 and Authorize Submission to the Kern Council of Governments, and Find that this action is not a project as defined under the Ca lifornia Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Reso#2024-4073

h. Adopt a Resolution approving the Annual Transportation Development Act Streets and Roads report and claim for Fiscal Year 2022-2023 and Authorize Submission to the Kern Council of Governments, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Reso#2024-4074

No Conflict of Interest on the consent calendar for any of the Council members.

Motion was made by Council Member Martinez, seconded by Mayor Pro Tem Medina, to approve by the consent calendar by the following roll call vote:

AYES: GARCIA, MEDINA, MARTINEZ, REYNA, SALDAÑA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
12) PUBLIC HEARINGS: None
13) DEFERRED BUSINESS: None

14) NEW BUSINESS:
a. Adopt a Resolution Authorizing the City Manager or Designee to Submit a Funding Application to the U.S. Department of Justice Office of Community Oriented Policing Services (COPS) for the Fiscal Year 2024 COPS Technology and Equipment Program (TEP) Invitational Solicitation in the Amount of $622,000.00 and Execute a Grant Agreement and any Amendments thereto for the Implementation of the Wasco Police Department Dispatch Center Equipment Project, and Find the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is, therefore, not subject to review under CEQA. (Fivecoat) Reso#2024-4075

Oral presentation by Chief of Police Fivecoat.

There were no public comments.

Motion was made by Council Member Reyna, seconded by Council Member Martinez, to adopt the resolution by the following roll call vote:

AYES: GARCIA, MEDINA, MARTINEZ, REYNA, SALDAÑA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

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City of Wasco City Council Meeting Agenda, June 18, 2024 b. Adopt a Resolution Approving the Cost Report for Outstanding Fines and Abatement Costs, Assessing the Cost Thereof and Imposing Liens Pursuant to City of Wasco Municipal Code 1.20, 8.24, and 17.80, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required. (Cobb)
Reso#2024-4076

Community Development Director Cobb's oral presentation mentioned to the council that the property liens for 2416 Buena Ventura and 2301 9th Place have been paid in full and are to be removed from Exhibit “A” of the resolution. The total liens are $17,152.00.

There were no public comments.

Motion was made by Mayor Pro Tem Medina, seconded by Council Member Martinez, to adopt the resolution with the exception of the two properties mentioned by the following roll call vote:

AYES: GARCIA, MEDINA, MARTINEZ, REYNA, SALDAÑA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
c. Adopt a Resolution approving the City’s Fiscal Year 2024 -2025 Annual Operating Budget and 2024-2029 Capital Improvement Program, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required. (Perez Hernandez)
Reso#2024-4077

PowerPoint presentation by the Finance Director Perez-Hernandez • Preliminary 2024-24 Budget Revisions
There were no public comments.

Motion was made by Council Member Reyna, seconded by Mayor Garcia, to adopt the resolution by the following roll call vote:

AYES: GARCIA, MEDINA, MARTINEZ, REYNA, SALDAÑA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Mayor Garcia called for a 5-minute recess at 6:48 p.m.

Mayor Garcia reconvened the meeting at 6:54 p.m.

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City of Wasco City Council Meeting Agenda, June 18, 2024 d. Adopt a Resolution approving the City’s Appropriations Limit for the Fiscal Year 2024-2025 and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required. (Perez Hernandez) Reso#2024-4078

Oral presentation by Finance Director Perez-Hernandez.

There were no public comments.

Motion was made by Council Member Martinez, seconded by Mayor Garcia, to adopt the resolution by the following roll call vote:

AYES: GARCIA, MEDINA, MARTINEZ, REYNA, SALDAÑA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
e. Adopt a Resolution Approving the Salary Schedule for the Fiscal Year 2024-2025 in Compliance with the California Public Employees’ Retirement System (CalPERS) Requirement for Publicly Available Pay Schedules and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. (Perez Hernandez)
Reso#2024-4079

Oral presentation by Finance Director Perez-Hernandez.

There were no public comments.

City Manager Hurlbert mentioned to the council there is a correction to the salary schedule for the transit coordinator of the detailed step amounts; the range number is correct.

Motion was made by Council Member Martinez, seconded by Mayor Garcia, to adopt the resolution subject to the correction of the transit coordinator's detailed amount on the salary schedule by the following roll call vote:

AYES: GARCIA, MEDINA, MARTINEZ, REYNA, SALDAÑA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

15. REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Garcia)
The next meeting will be on July 25, 2024, at 9:00 a.m. at the Bakersfield Association of Realtors.
b. Kern Council of Government (Reyna)
The next meeting will be on Thursday, June 20, 2024.
c. Wasco Task Force (Saldaña and Medina)
The next meeting will be on Thursday, June 27, 2024, at 6:00 p.m.

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City of Wasco City Council Meeting Agenda, June 18, 2024

16. REPORTS FROM THE CITY MANAGER:

City Manager Hurlbert updated the city council on the following:
• The next SNIP event will be tomorrow, Wednesday, June 19, 2024, from 8:00 a.m. to 5:00 p.m. in front of the public works department.
• A free adoption event was held concurrent with the Bike Rodeo on Monday, June 17, 2024; three animals were adopted.
• On June 29, 2024, Barker Park will host another adoption event at the 4th of July celebration. The Wasco Police Department and Dial -A-Ride staff will attend the event.
• There will be a utility rate increase as of July 1, 2024, subject to the five -year utility rate plan that was adopted previously.
• The work on the PAL building has begun remodeling and making progress. • Central Avenue Park is waiting for equipment safety certifications and for the state to approve the plans to open to the public.
• The work has ceased at the Labor Camp, and the contract has been completed. • Code Enforcement Officers Gonzalez and Tovar reported on the annual community event that took place on June 17, 2024, which focused on summer safety.

17. REPORTS FROM THE CITY COUNCIL:

Council Member Reyna:
• Mentioned he had a conversation in February with Kern Council of Government Executive Director Ahron Hakimi, Board of Supervisor David Couch, and City Manager Hurlbert regarding creating a partnership with Kern County and the City of Wasco to create a shoulder with the roads that connect to Wasco for roads that do not have a shoulder ; he followed up with Supervisor Couch and requesting staff to follow up on this item.

There were no public comments on the closed session items.

Mayor Garcia adjourned into closed session at 7:14 p.m.

Mayor Garcia adjourned out of closed session at 8:10 p.m.

18. CLOSED SESSION:
a. Approval of Closed Session Minutes for June 4, 2024

b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957
Title: City Manager

c. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency Designated Representatives: Mayor Garcia and Councilmembers Unrepresented Employee: City Manager

d. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: SEIU Local 521

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City of Wasco City Council Meeting Agenda, June 18, 2024

e. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: WPOA

f. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS 54956.8
Real Property: APNs 030-081-01 and -02
Agency negotiators: City Manager
Negotiating parties: DENMAR, LLC
Under negotiation: Potential Purchase

19. CLOSED SESSION ACTION:

City Attorney Tom Schroeter reported out.

a. Approval of Closed Session Minutes for June 4, 2024

Motion was made by Council Member Martinez, seconded by Council Member Saldaña, to adopt the resolution by the following roll call vote:

AYES: GARCIA, MEDINA, MARTINEZ, REYNA, SALDAÑA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957
Title: City Manager
No reportable action.

c. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency Designated Representatives: Mayor Garcia and Councilmembers Unrepresented Employee: City Manager
No reportable action.

d. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: SEIU Local 521
No reportable action.

e. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: WPOA
No reportable action.

f. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS 54956.8
Real Property: APNs 030-081-01 and -02
Agency negotiators: City Manager
Negotiating parties: DENMAR, LLC
Under negotiation: Potential Purchase
No reportable action.
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City of Wasco City Council Meeting Agenda, June 18, 2024

20. ADJOURNMENT:

Mayor Garcia adjourned the meeting at 8:12 p.m.

____________________________________
Monica Flores, Deputy City Clerk

______________________________________
Alexandro Garcia, Mayor

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TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
M aria O. Martinez, City Clerk

DATE: July 2, 2024

SUBJECT: Approval of Travel and Training Expenses Exceeding $500.00 per trip for one-half of City Attorney Thomas F. Schroeter's registration fee s and one night's hotel stay to attend the League of California Cities Annual Conference held on October 16-18, 2024, in Long Beach, California, not to exceed $524.00.

Recommendation:

Staff recommends the City Council:
1) Approve the travel expenses exceeding $500.00 per trip, one-half of the City Attorney's travel expenses for the registration, and one night's hotel stay totaling $524.00; and

2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Environmental Review:

The staff has reviewed the proposed activi ty for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

The City Attorney requests approval to attend the League of California Cities A nnual Conference on October 16-18, 2024, in Long Beach , California. The registration fee is $650.00, and a two-night stay in the hotel is $1 99.00 per night. There will be t wo days of presentations devoted to legal issues facing cities and updates on cases recently decided during the conference. This is a critical learning session for the City Attorney and reduces the time and effort needed by the City Attorney to research these matters independently. The city splits these costs with the City of Tehachapi, making the City of Wasco's proportional share $524.00.

STAFF REPORT
City of Wasco

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The cost of the training and hotel fees will exceed the Expense and Use of Public Resources Policy limits established by City of Wasco Resolution No. 2006 -2327, limiting expenses to $500.00 per trip.

As a result, the City Council will need to approve the travel request by City Attorney Schroeter, as the expenses for the cost of the trip will exceed $500.00.

Fiscal Impact:

The City of Wasco's portion for the City Attorney to attend the League of California Cities Annual Conference is $524.00. The adopted FY 2024-25 Budget contains sufficient funding in the City Attorney account to cover this expense.

Attachments:

1. Conference Information

2. Attorney’s memorandum

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Memorandum : CITY OF WASCO

TO : City Manager, City Council DATE: June 27, 2024

FROM : Thomas F. Schroeter, City Attorney

SUBJECT: League of California Cities Annual Conference

The League of California Cities Annual Conference will be held on October 16-18 in Long Beach . The registration fee is $650.00 and a two-night stay in the hotel is $199.00 per night. During the conference, there will be three days of presentations devoted to leg al issues facing cities and updates on cases recently decided. This is a critical learning session for city attorneys and reduces the time and effort needed by the City Attorney to research these matters on his or her own.

My other city, the city of Tehachapi, is being asked to contrib ute equally to the cost for the registration fee and one night's lodging. The City's share of the expenses would be $524.00. I would request permission to represent the City of Wasco at the Annual League Conference and for the City to pay up to $524.00 for my expenses.

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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: July 2, 2024

SUBJECT: Adopt a resolution authorizing the City Manager or designee to a uthorize a purchase order with Coastline Equipment Co., a SourceWell partner, to purchase a New Front Loader in an amount not to exceed $220,000.00.

Recommendation:
1) Adopt a resolution autho rizing the City Manager or designee to a uthorize a purchase order with Coastline Equipment Co., a SourceWell partner, in an amount not to exceed $220,000.00; and

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

The Public Works Department currently has one aging loader, model CAT 926, that is over 30 years old. It is constantly out of service for maintenance and needs replacement. The new Asphalt Zipper requires a reliable loader to carry out various road improvement projects throughout the city. Additionally, the new loader would also be used for tasks such as emergency responses, water main projects, and ensuring continued smooth operations.

Coastline Equipment has provided a quote for a John Deere Model 524 -P, suitable for operating the Asphalt Zipper due to its size and power capabilities. The quoted amount is $212,431.26. After adding sales tax and a $20,000 trade-in credit or our current CAT 926

STAFF REPORT
City of Wasco

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Loader the total acquisition cost is just under $210,000.00. We plan to trade in the aging loader, as the city would have no further use for it. The cost savings associated with this trade-in will be used by staff to purchase a smooth drum roller attachment, which can be used to compact and smooth subgrade and small utility cutouts.

Fiscal Impact:

The city budgeted $250,000 for the acquisition o f this unit, which falls within the appropriation. No budget action is required with approval of this item.

Attachments:

1. Resolution

2. Sourcewell Quote

24 of 132
RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE

CITY MANAGER OR DESIGNEE TO AUTHORIZE A PURCHASE ORDER WITH COASTLINE EQUIPMENT CO., A SOURCEWELL PARTNER, TO PURCHASE A NEW FRONT LOADER NOT EXCEEDING $220,000.00.

WHEREAS, the City wishes to purchase a new front loader from Coastline Equipment to replace an existing one; and

WHEREAS, said purchase has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and

WHEREAS, the aging unit would be used as a trade- in for a $20,000 credit; and

WHEREAS, the city's cost for the new loader will not exceed $220,000 and will be purchased via a Sourcewell contract.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:

SECTION 1: Authorizes the City Manager or designee to authorize a purchase order with Coastline Equipment Co., a Source well partner, in an amount not to exceed $220,000.00.

SECTION 2: Authorizes the City Manager or designee to trade in the current unit.

-o0o-

25 of 132
I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 2, 2024, by the following vote:

COUNCIL MEMBERS: GARCIA, MEDINA, MARTINEZ, REYNA, SALDAÑA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

ALEXANDRO GARCIA,
MAYOR of the City of Wasco
Attest: _______________

__________________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

26 of 132
Date: 06 December 2023 Offer Expires: 28 June 2024
Confidential
Quote Id: 30062042

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Coastline Equipment Company
4252 Saco Road
Bakersfield, CA 93308
US

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Coastline Equipment Company
4252 Saco Road
Bakersfield, CA 93308
661-399-3600
[email protected]
Prepared For:

CITY OF WASCO
Proposal For:

Delivering Dealer:

JEFF CRAWFORD
Coastline Equipment Company
4252 Saco Road
Bakersfield, CA 93308
661-399-3600
[email protected]
Quote Prepared By:

JEFF CRAWFORD
661-437-1656
[email protected]
27 of 132
Confidential
Quote Id: 30062042

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Coastline Equipment Company
4252 Saco Road
Bakersfield, CA 93308
US

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Coastline Equipment Company
4252 Saco Road
Bakersfield, CA 93308
661-399-3600
[email protected]
06 December 2023
PO BOX 836
WASCO, CA 93280

We would like to take this opportunity to thank you for your recent interest in John Deere machinery.

It has been a pleasure serving you, and it is our hope that we may continue to assist you with your equipment needs now and in the future. Please be sure to call on us whenever we can be of further service. We will always do everything possible to merit the confidence you have shown in our company and the products we represent.

Sincerely,

JEFF CRAWFORD
661-399-3600
Coastline Equipment Company
28 of 132

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Coastline Equipment Company
4252 Saco Road
Bakersfield, CA 93308
US

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Coastline Equipment Company
4252 Saco Road
Bakersfield, CA 93308
661-399-3600
[email protected]
Confidential
Salesperson : X ______________ Accepted By : X ______________ Quote Summary
Prepared For:

CITY OF WASCO
PO BOX 836
WASCO, CA 93280
Business: 661-758-7200
Delivering Dealer:

Coastline Equipment Company

JEFF CRAWFORD
4252 Saco Road
Bakersfield, CA 93308
Phone: 661-399-3600
Mobile: 661-437-1656
[email protected]
Sourcewell Member Number 21210
Sourcwell Discount 39%
Sourcewell Program ID 011723-JDC
Quote ID: 30062042
06 December 2023Created On:

Expiration Date: 28 June 2024
Equipment Summary Suggested List Selling Price Qty Extended JOHN DEERE 524 P-Tier Wheel
Loader
$ 337,881.00 $ 212,431.26 X 1 = $ 212,431.26
Contract: C&F Sourcewell #011723 (PG AY CG 73) CE
Price Effective Date:

Equipment Total $ 212,431.26
Trade In Summary Qty Each Extended
1988 CATERPILLAR 926 - 94702101 1 $ 20,000.00 $ 20,000.00 PayOff $ 0.00
Total Trade Allowance $ 20,000.00
Trade In Total $ 20,000.00
Quote Summary
Equipment Total $ 212,431.26
Trade In $ (20,000.00)
SubTotal $ 192,431.26
Sales Tax - (8.25%) $ 17,525.58
Total $ 209,956.84
Balance Due $ 209,956.84
29 of 132

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Coastline Equipment Company
4252 Saco Road
Bakersfield, CA 93308
US

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Coastline Equipment Company
4252 Saco Road
Bakersfield, CA 93308
661-399-3600
[email protected]
Confidential
Salesperson : X ______________ Accepted By : X ______________ 30 of 132
Quote Id: 30062042 Customer Name: CITY OF WASCO
Selling Equipment
Confidential

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Coastline Equipment Company
4252 Saco Road
Bakersfield, CA 93308
US

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Coastline Equipment Company
4252 Saco Road
Bakersfield, CA 93308
661-399-3600
[email protected]
JOHN DEERE 524 P-Tier Wheel Loader
Hours: 2
Stock Number:

Contract: C&F Sourcewell #011723 (PG AY CG 73) CE
Price Effective Date:

Suggested List *
$ 337,881.00
Selling Price *
$ 212,431.26
* Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount
Amount
Contract
Price
Extended
Contract
Price
6021DW JOHN DEERE 524 P-TIER

FOUR WHEEL DRIVE
LOADER
1 $
249,874.00

39.00 $ 97,450.86 $
152,423.14
$
152,423.14
Standard Options - Per Unit
183E JDLINK 1 $ 0.00 39.00 $ 0.00 $ 0.00 $ 0.00
0202 UNITED STATES 1 $ 0.00 39.00 $ 0.00 $ 0.00 $ 0.00
0259 ENGLISH OPS MANUAL 1 $ 0.00 39.00 $ 0.00 $ 0.00 $ 0.00 0351 TRANSLATED LABELS 1 $ 0.00 39.00 $ 0.00 $ 0.00 $ 0.00 0400 STANDARD LOADER 1 $ 0.00 39.00 $ 0.00 $ 0.00 $ 0.00 0451 STANDARD Z-BAR 1 $ 0.00 39.00 $ 0.00 $ 0.00 $ 0.00 0612 LEVEL 2 TRIM 1 $ 6,663.00 39.00 $ 2,598.57 $ 4,064.43 $ 4,064.43 0654 LEVEL 1 PERFORMANCE 1 $ 0.00 39.00 $ 0.00 $ 0.00 $ 0.00 0951 REAR CAMERA PRIMARY

DISPLAY
1 $ 0.00 39.00 $ 0.00 $ 0.00 $ 0.00
1100 LESS DETECTION
SYSTEM
1 $ 0.00 39.00 $ 0.00 $ 0.00 $ 0.00
1301 LEFT SIDE STEPS 1 $ 0.00 39.00 $ 0.00 $ 0.00 $ 0.00 2201 LESS PAYLOAD W/ CYCLE
COUNTE
1 $ 124.00 39.00 $ 48.36 $ 75.64 $ 75.64
4095 JD POWERTECH PVS 6.8L
FT4/EU
1 $ 17,753.00 39.00 $ 6,923.67 $ 10,829.33 $ 10,829.33
5121 NBP 20.5 L3 1* 3PC 1 $ 14,986.00 39.00 $ 5,844.54 $ 9,141.46 $ 9,141.46 5553 FULL WIDTH FR FENDERS 1 $ 336.00 39.00 $ 131.04 $ 204.96 $ 204.96 6522 REAR COUNTERWEIGHT
& R.HITCH
1 $ 0.00 39.00 $ 0.00 $ 0.00 $ 0.00
7026 JOYSTICK CONTROLS 1 $ 0.00 39.00 $ 0.00 $ 0.00 $ 0.00 7054 THREE FUNCTION

HYDRAULICS
1 $ 2,342.00 39.00 $ 913.38 $ 1,428.62 $ 1,428.62
31 of 132
Quote Id: 30062042 Customer Name: CITY OF WASCO
Selling Equipment
Confidential

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Coastline Equipment Company
4252 Saco Road
Bakersfield, CA 93308
US

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Coastline Equipment Company
4252 Saco Road
Bakersfield, CA 93308
661-399-3600
[email protected]
7403 HYDRAULIC COUPLER
JRB 416
1 $ 8,283.00 39.00 $ 3,230.37 $ 5,052.63 $ 5,052.63
7458 BOLT-ON CUTTING EDGE 1 $ 1,036.00 39.00 $ 404.04 $ 631.96 $ 631.96 7500 LESS FORK FRAME 1 $ 0.00 39.00 $ 0.00 $ 0.00 $ 0.00 7700 LESS TINES 1 $ 0.00 39.00 $ 0.00 $ 0.00 $ 0.00
7822 3.00YD (2.30CM) ENH.

PERFORM
1 $ 10,541.00 39.00 $ 4,110.99 $ 6,430.01 $ 6,430.01
8015 NBP 20.5R25 L3 1* W/3PC 1 $ 0.00 39.00 $ 0.00 $ 0.00 $ 0.00 8042 AXLE OIL COOLING AND
FILTER
1 $ 2,283.00 39.00 $ 890.37 $ 1,392.63 $ 1,392.63
8295 HEATED AND POWERED

MIRRORS
1 $ 747.00 39.00 $ 291.33 $ 455.67 $ 455.67
8500 COLD WEATHER

PACKAGE
1 $ 518.00 39.00 $ 202.02 $ 315.98 $ 315.98
8501 DEBRIS PACKAGE 1 $ 3,425.00 39.00 $ 1,335.75 $ 2,089.25 $ 2,089.25 8502 MAINTENANCE&SERVICE

PACKAGE
1 $ 620.00 39.00 $ 241.80 $ 378.20 $ 378.20
8505 GUARDS TRANSMISSION
& BOTTOM
1 $ 2,135.00 39.00 $ 832.65 $ 1,302.35 $ 1,302.35
Standard Options Total $ 71,792.00 $ 27,998.88 $ 43,793.12 $ 43,793.12 Dealer Attachments/Non-Contract/Open Market
Fac Frght Factory Freight 1 $ 9,500.00 0.00 $ 0.00 $ 9,500.00 $ 9,500.00 PDI Predelivery 1 $ 2,450.00 0.00 $ 0.00 $ 2,450.00 $ 2,450.00 Loc Del Local Delivery 1 $ 900.00 0.00 $ 0.00 $ 900.00 $ 900.00 Mark Dev Market Development Fund 1 $ 765.00 0.00 $ 0.00 $ 765.00 $ 765.00 Train Onsite Training 1 $ 1,200.00 0.00 $ 0.00 $ 1,200.00 $ 1,200.00 Manuals Operator and Component
Tech
1 $ 1,400.00 0.00 $ 0.00 $ 1,400.00 $ 1,400.00
Dealer Attachments Total $ 16,215.00 $ 0.00 $ 16,215.00 $ 16,215.00 Total Selling Price $
337,881.00
$
125,449.74
$
212,431.26
$
212,431.26
32 of 132
33 of 132
Long Beach, CA • Bakersfield, CA • Oxnard, CA • Santa Ana, CA • Santa Maria, CA • Sylmar, CA Jerome, ID • McCall, ID • Meridian, ID
Elko, NV • Las Vegas, NV
REV 11/2022
_____
Coastline Commitment Guarantee for Deere Construction & F orestry Equipment Cu
stomer: Model : Serial #_ _______
Coastline Commitment Expires: Basic Warranty E xpires:
• Full M
achine Basic Warranty for 12 months, unlimited hours or remaining balance • Pre-delivery inspection and customized set-up by Factory Certified Technicians • Delivery walk-around with the customer by Factory Certified Salesmen • Machine loaner for extended downtime during basic warranty • Four hour guaranteed response time for inoperable machine • No travel time or mileage charges for warrantable repairs during basic warranty • Warranty repairs performed by Factory Certified Technicians • Genuine John Deere parts and fluids provided for the first scheduled service • CounterParts Promise – the part is in stock or its free the next day • 25 point machine inspection prior to Basic warranty expiration • Optional John Deere Protect customized Maintenance agreements • Optional John Deere Protect customized extended warranties • John Deere Connected Support:
o JDLink™ for the life of the machine
o Preventative Maintenance interval monitoring
o Machine Health Alert notifications
o Remote Diagnostics and Programming
o Periodic machine performance review upon customer request • StructurALL Warranty for three years / 10000 hours, whichever occurs first • Diesel Par ticulate Filter (DPF) coverage for five years / 10000 hours, whichever occurs first Custom
er Responsibilities:

1. Customer must notify the Service Department that machine is covered by Coastline Commitment at the time they place the initial call.

2. Customer must follow manufacturer recommended guidelines for maintenance and use Genuine John Deere parts and fluids, or their equivalent.

3. Customer must contact the Parts Department to request John Deere parts and fluids for the first scheduled service when applicable.

4. Customer has received all documents described and agrees to the terms, conditions, and responsibilities contained herein.

Terms and Conditions:

1. Commitment available on machines located within Coastline’s AOR.

Guaranteed response time, no cost travel, and 25-point machine inspection applicable during normal business hours; 7:00am – 5:00pm.

2. Machines purchased from rental fleet qualify the Commitment for the balance of remaining Basic warranty or for 90 days if Basic warranty has expired; also qualifies for any remaining JDLink subscription, StructurALL warranty or DPF coverage. The 25-point machine inspection is waived.

3. Loaner machine may be provided if machine is inoperable and cannot be restored to service within 36 hours from arrival of technician to machine or machine to Coastline facility. Coastline will supply like machine, if available, F.O.B. a Coastline location. Loaner is subject to standard Coastline rental terms and conditions. If a machine is unavailable or if customer does not accept machine offered, loaner provision is waived.

4. Four-hour response time guaranteed on inoperable machines and begins upon notification to Coastline’s service department. The response guarantee is fulfilled once the technician has been dispatched or after the machine has been connected to via Remote Diagnostics.

5. CounterParts Promise guarantees that consumable or critical, quickly installed parts will be in stock at Coastline’s location when you order and, if not, it will be there the next day and it will be free. CounterParts Promise is provided and the list of parts is available upon request.

6. Basic and StructurALL warranty terms and conditions will be provided.

7. DPF coverage is available from Coastline on machines greater than 174 gross hp, labor or travel costs not included to complete DPF hardware replacement; excludes Scraper Tractors and Mining equipment. ____ ____
____________________
Customer (printed name, signature and title) Date
________
________________
Coastline Representative (printed name, signature and title) Date 34 of 132
Long Beach, CA 562.272.7400
Bakersfield, CA 661.399.3600
Sylmar, CA 818.890.3353
Oxnard, CA 805.485.2106
Jerome, ID 208.324.2900
Elko, NV 775.777.7070
Santa Ana, CA 714.265.5500
McCall, ID 208.634.3903
Las Vegas, NV 702.399.2700
Santa Maria, CA 805.922.8329
Meridian, ID 208.888.3337
www.coastlinequipment.com
Included with the purchase of any new or rental
John Deere Construction & Forestry machine*:
• Full Machine Basic Warranty for 12 months, unlimited hours or remaining balance • Pre-delivery inspection and customized set-up by Factory Certified Technicians • Delivery walk-around with the customer by Factory Certified Salesmen • Machine loaner for extended downtime during basic warranty • Four hour guaranteed response time for inoperable machine • No travel time or mileage charges for warrantable repairs during basic warranty • Warranty repairs performed by Factory Certified Technicians • Genuine John Deere parts and fluids provided for the first scheduled service
• CounterParts Promise – the part is in stock or its free the next day • 25 point machine inspection prior to Basic warranty expiration • Optional John Deere Protect Maintenance agreements
• Optional John Deere Protect extended warranties
• Included John Deere Connected Support:
– JDLink™ Ultimate subscription for the life of the machine – Preventative Maintenance interval monitoring
– Machine Health Alert notifications
– Remote Diagnostics and Programming
– Periodic machine performance review upon
customer request
• StructurALL Warranty for three years / 10000 hours,
whichever occurs first.
• Diesel Particulate Filter (DPF) coverage for
five years / 10000 hours, whichever occurs first
Machines purchased from Coastline’s rental
fleet qualify for these provisions for the
balance of any remaining basic warranty or a
period of 90 days if basic warranty has
expired. They qualify for the remaining
duration of any StructurALL warranty and DPF
coverage.
*Coastline Commitment available on qualifying transaction. See your local dealer for details and Terms & Conditions.
35 of 132
JDLink™ Customer Account Contact Information
Congratulations! Your new John Deere equipment purchase comes equipped with JDLink™ at no additional cost or subscription fees. Standard on most new models, JDLink™ enables John Deere Connected Support™, provides valuable fleet insights such as machine location, hours, enabling geofencing and helps you utilize other productivity solutions.

JDLink™ Machine Monitoring Expert Alerts Remote Diagnostics Coastline Equipment JDLink™ Support Team
Coastline Equipment’s JDLink™ Support Team will contact you shortly after your purchase to assist with JDLink
™ setup and ensure you’re getting the most out of your purchase. Please provide contact information for an authorized staff member that has contract acceptance.

C
ustomer Organization Name:

Customer First and Last Name:

Customer Mobile Phone Number:

Customer Email Address:

Scan to Contact the JDLink™ Support Team
Send
Message to
Coastline’s
JDLink™
Support
Team
Save
Coastline’s
JDLink™
Support
Team
Contact
Information
36 of 132
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: July 2, 2024

SUBJECT: Adopt a Resolution Authorizing the City Manager or Designee to Execute a Purchase Order from Berchtold Equipment, a Sourcewell Provider, for a Smooth Drum Roller attachment in an amount not to exceed $12,500.00.

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Authorizing the City Manager or Designee to Execute a Purchase Order from Berchtold Equipment, a Sourcewell Provider, for a Smooth Drum Roller attachment in an amount not to exceed $12,500.00; and

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

The Public Works Department currently requires a drum roller to assist with compaction.

The purchase of this attachment is intended for use on our current skid steer unit and will help with the paving of small utility cutouts, as well as with the compactio n of the subgrade. This unit will work well for roads that have been pulverized with the asphalt zipper. With a drum roller, we will be able to compact the subgrade and prepare it for pavement. The roller will significantly help as staff shift their focus to performing various capital improvement projects in-house and minimize the need for rentals.

STAFF REPORT
City of Wasco

37 of 132
The staff received a quote of $11,941.80 from Berchtold Equipment Company to purchase this unit. Berchtold Equipment Company is a Sourcewell Provider, so there is no need for competitive bidding. According to the City’s municipal code, the City can use joint powers agreements to procure equipment. The City is a member of Sourcewell, a national joint power s agreement that allows the City to make equipment purchase s without further competitive bidding.

Fiscal Impact:

Staff budgeted $250,000 in CIP project No. 25009 to buy a new front -end loader. The remaining funds, including the trade-in cost savings, will be used to purchase this unit.

Attachments:

1. Resolution

2. Quote
38 of 132
RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO AUTHORIZE A PURCHASE ORDER WITH BERCHTOLD EQUIPMENT IN AN AMOUNT NOT TO EXCEED $12,500.00 TO PURCHASE A DRUM ROLLER ATTACHMENT.

WHEREAS, the City wishes to purchase a drum roller attachment from Berchtold Equipment; and

WHEREAS, a Sourcewell quote for this equipment in the amount of $11,941.80 was received from Berchtold Equipment Co.; and

WHEREAS, the purchase of this equipment will be funded from CIP No. 25009.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:

SECTION 1: Authorizes the City Manager or designee to approve a purchase order with Berchtold Equipment for a drum roller attachment in an amount not exceeding $12,500.00.

SECTION 2: Authorizes the necessary budget appropriations required to complete this action.

-o0o-

39 of 132
I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 2 , 2024, by the following vote:

COUNCIL MEMBERS: GARCIA, MEDINA, MARTINEZ, REYNA, SALDANA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

ALEXANDRO GARCIA
MAYOR of the City of Wasco

Attest: _____________

__________________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

40 of 132
^ Bobcat
Product Quotation
Quotation Number: NC603590
Quote Sent Date: Jun 21, 2024
Expiration Date: Jul 21, 2024
Deliver to
CITY OF WASCO 2210331
746 8 Street
Wasco, CA 93280
Att Alberto
Item Name
80" Vibratory Roller W/Smooth Drum
Your Bobcat ContactYour Customer Contact
Nolan dark
Phone:

Email: nolan.clark(»).doosan.com
Bobcat Dealer Bill to
Berchtold Equipment Co, Bakersfield, CITY OF WASCO 2210331 CA 746 8 Street
3000 PEGASUS DRIVE Wasco, CA 93280
BAKERSFIELD, CA, 93308 Att Alberto

TERRY SPENCER
Item Number Quantity Price Each
7165400 1 11,365.80
Total for 80" Vibratory Roller W/Smooth Drum
Quote Total - USD
Dealer P.D.I.

Destination Charges
Quote Total - USD
Total
11,365.80
11,365.80
11,365.80

50.00 526.00
11,941.80
Comment:
*Plus applicable taxes. IF Tax Exempt, please include Tax Exempt Certificate with the order. *Prices per the Sourcewell Contract #020223-CEC
*Sourcewell Member Number (if applicable):
*A11 orders should include 1) Accounts Payable Contact and email address, 2) W9 with correct legal entity name, and 3) Bill to Address.
*0rders may be placed with the contract holder or authorized dealer as allowed by the terms and conditions of the contract. *A Copy of all orders must be provided to [email protected]. *Contact Holder Information: dark Equipment Company dba Bobcat Company, Govt Sales, 250 E Beaton Drive, West Fargo, ND 58078. TID# 38-0425350.
*Payment Terms: Net 60 Days. Credit cards accepted.
*Remittance address: dark Equipment Company d/b/a Bobcat Company, P. 0. Box 74007382, Chicago, IL 60674-7382 *Questions can be submitted via email to [email protected] or by phone at: 1-800-965-4232 41 of 132
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: July 2, 2024

SUBJECT: Adopt a Resolution Authorizing the City Manager or Designee to Execute a Purchase Order with Farm Pump and Irrigation in an amount not to exceed $24,000.00 for the Rebuild of Well #12 Motor.

Recommendation:
1) Adopt a Resolution Authorizing the City Manager or designee to execute a purchase order with Farm Pump and Irrigation in an amount not to exceed $24,000.00 for the Rebuild of Well #12 Motor; and

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15 060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

Six groundwater wells provide water to the city's drinking water system. During hot weather, the wells operate for extended periods, straining the pumps and motors, which serve as boosters. The motor at Well 12 requires a bearing replacement. Although it is currently operational, city staff would like to take proactive measures by getting the motor rebuilt before it fails.

On Friday, June 21, 2024, Farm Pump and Irrigation were contacted to inspect an unusually hot bearing temperature. After a comprehensive assessment, they concluded that the bearings were near the end of their useful life. The provided estimate includes a temporary loaner motor to maintain continuous operation of the well site while the other

STAFF REPORT
City of Wasco

42 of 132
motor is undergoing maintenance at their shop. A sole bid was received for this project, and staff consider it a prudent course of action to make these repairs as soon as possible.

Fiscal Impact:

The cost of these repairs will be charged to the repair and maintenance pumps account within the Water Operating Budget. No budget transfer is required.

Attachments:

1. Resolution

2. FPI Quote
43 of 132
RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE

CITY MANAGER OR DESIGNEE TO EXECUTE A PURCHASE ORDER WITH FARM PUMP AND IRRIGATION IN AN AMOUNT NOT TO EXCEED $24,000.00 FOR THE REBUILD OF WELL 12 MOTOR.

WHEREAS, the City wishes to execute a purchase order with Farm Pump and Irrigation in order to make the necessary repairs; and

WHEREAS a quote for the repairs in the amount of $22,651.79 was received from Farm Pump and Irrigation; and

WHEREAS, it is cruc ial to promptly repair the essential component of the Drinking Water System; and

WHEREAS, the repair and maintenance pumps account in the Water operating budget will cover the cost of these repairs.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:

SECTION 1: Authorize the City Manager or designee to authorize a purchase order with Farm Pump and Irrigation in an amount not to exceed $24,000.00 for the rebuild of Well 12 Motor.

-o0o-

44 of 132

I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 2, 2024, by the following vote:

COUNCIL MEMBERS: GARCIA, MEDINA, MARTINEZ, REYNA, SALDAÑA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

ALEXANDRO GARCIA,
MAYOR of the City of Wasco
Attest: _______________

__________________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

45 of 132
46 of 132
47 of 132
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: July 2, 2024

SUBJECT: Adopt a Resolution Authorizing the City Manager or Designee to Execute Contract Change Orders to Agreement No. 2023-003 with Hartzell General Engineering Contractor, Inc. for the Well 13 Site Development Project. The change orders shall not exceed an additional $ 200,000.00 on top of the originally approved contract amount.

Recommendation:
1) Adopt a resolution authorizing the City Manager or designee to execute contract change orders to Agreement No. 2023 -003 with Hartzell General Engineering Contractor, Inc. for the Well 13 Site Development Project. The change orders shall not exceed an additional $200,000.00 on top of the originally approved contract amount; and

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

City staff is close to finishing the site development project for W ell 13, despite facing multiple delays in obtaining the required electrical components for supplying utility power to the site. On November 21, 2023, staff requested additional funds to provide auxiliary power to the site and ensure its operability during the warmer weather season.

We are currently waiting for the requ ired components, and the staff is asking for extra funding to cover the rental and fuel costs for a generator that will support us during the

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summer. This is a preventative measure being taken by staff as we head into the long stretch of the summer. This would allow some cushion to be able to maintain well pumps and motors without compromising system capacity. The additional change order allowance will also cover any unforeseen change orders that may arise, ensuring the completion of this project.

Fiscal Impact:

No budget transfer is needed for this change order allowance; there is enough funding in the adopted project account.

Attachment:

1. Agreement No. 2023-003

2. Resolution

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187

CITY OF WASCO

AGREEMENT
THIS Agreement, made and entered into this 17th day of January, 2023, by and between the CITY OF WASCO, hereinafter called “City”, and HARTZELL GENERAL ENGINEERING CONTRACTOR, Inchereinaftercalled Contractor”.

WITNESSETH: That the parties hereto do mutually agree as follows:

ARTICLE I. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and perfo rmed by the said party of the first part, and under the conditions expressed in the 2 bonds, bearing even date with these presents, and hereunto annexed, the said party of the second part agrees with the said party of the first part, athis own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in thespecifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the CITY OF WASCO, the work described in the special provisions and the project plans described below, including any addenda t hereto, and also in conformance with the California Department of Transportation Standard Specifications Dated 2015 and Standard Plans Dated 2015, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, which said special provisions, project plans, Standard Plans, Standard Specifications, and La bor Surcharge and Equipment Rental Ratesare hereby specially referred to and by such reference made a part hereof.

The Special Provisions for the work to be done are entitled:

CITY OF WASCO

NOTICE TO CONTRACTORS & SPECIAL PROVISIONS
WELL NO. 13 SITE DEVELOPMENT PROJECT
IN

WASCO, CALIFORNIA
As used herein, the term “SPECIFICATIONS” shall refer to the Special Provisions for Project and the California Department of Transportation Standard Specifications Dated 2015 and Standard Plans Dated 2015 and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, all of which are incorporated herein by this reference. Contractor shall, in accordance with the SPECIFICATIONS and drawings therefore, furnish at its own expense all labor, materials, equipment and services as required therefore, and to do everything required in this Agreement and the SPECIFICATIONS.

ARTICLE II. The City hereby employs said Contractor to perform the work according to the terms of this Agreement and the SPECIFICATIONS for price(s) named in Contractor’s bid proposal (hereinafter “Proposal”), and agrees to pay the same at the time, in the manner, and upon the conditions set forth in the SPECIFICATIONS; and the parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE III. It is expressly agreed by and between the parties hereto that should there by any conflict between the terms of this Agreement and the Proposal of said Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said proposal conflicting herewith.

ARTICLE IV. Contractor acknowledges that State or Federal funds may be utilized to assist in the funding of the construction required in this Agreement and agrees that any required terms, conditions or covenants related to said State or Federal funding not specifically made a part of this Agreement are hereby incorporated by this reference and shall be made a part of this Agreement.

ARTICLE V. Prior to starting construction under the terms of this Agreement, Contractor shall provide to the City a Faithful Performance Bond and the Labor Materials Bond, as required in the SPECIFICATIONS.

DocuSign Envelope ID: 9284CADD- 4D5C- 4BFF- 9E54- 2806C33D7B60 AGREEMENT NO. 2023 - 003
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188
ARTICLE VI. Contractor and anysubcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Agreement or the work to be provided for hereunder. All parties shall make such materials available at their respective offices as required in the SPECIFICATIONS.

ARTICLE VII. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

ARTICLE VIII. The Contractor agrees to indemnify, defend and save harmless the City, its officers, agents and employees from any and all claims and losses accruing or resulting to any andall contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any andall claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this Agreement, except such loss which was caused by the sole negligence or willful misconduct of the City. To the extent the foregoing is inconsistent with any other indemnification requirements in the SPECIFICATIONS, the inconsistent provisions in the SPECIFICATIONS are hereby superseded by the foregoing.

ARTICLE IX. In addition to any other insurance provisions required in the SPECIFICATIONS, Contractor shall provide insurance to the City as set forth in Exhibits [1, 1-A, 2, 3, 4, 6, 11]. If none of the foregoing Exhibits are attached, there are no other insurance provisions required.

ARTICLE X. The Contractor, and the agents and employees of Contractor, in the performance of the Agreement, shall act in an independent capacity and not as officers or employees or agents of the City.

ARTICLE XI. The City may terminate this Agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained or contained in the SPECIFICATIONS at the time and in the manner as required. In the event of such termination, the City mayproceed with the work in any manner deemed proper by the City. The cost to the City shall be deducted from any sum due the Contractor under this Agreement, and the balance, if any, shall be paid to the Contractor upon demand. Notwithstanding the foregoing, the City mayterminate this Contract without cause in the manner described in Section 1-1.08.J in Section 1 of the Specifications and Plans” in the Special Provisions.

ARTICLE XII. Without the written consent of the City, this Agreement is not assignable by Contractor either in whole or in part.

ARTICLE XIII. Time is of the essence in this Agreement.

ARTICLE XIV. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto; and no oral understanding or Agreement not incorporated herein shall be binding on any of the parties hereto.

ARTICLE XV. The City, contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

ARTICLE XVI. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.

ARTICLE XVII. The Contractor agrees to comply with the State and Federal prevailing wage determinations whichever is the higher of the two) in effect ten days prior to the bid opening of ___________________. These wage determinations and regulations are considered a part of this agreement.

December 21, 2022
DocuSign Envelope ID: 9284CADD- 4D5C- 4BFF- 9E54- 2806C33D7B60 51 of 132
189
ARTICLE XVIII. The Contractor agrees: (1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels; and (2) To furnish within 20 days following the date of loading for shipments originating with the United State or within 30 working days following the date of loading for shipments originating ouside the United States, a legible copy of a rated, ‘onboard’ commercial ocean bill-of-lading in English for each shipment of cargo described in this paragraph to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC, 20590; and (3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.

ARTICLE XIX. And the said Contractor agrees to receive and accept _______________ as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the CITYOF WASCO, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them, to wit:

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day andyear first above written.

ATTEST: CITY OF WASCO, CALIFORNIA
BY
Maria Martinez
City Clerk, City of Wasco
CONTRACTOR”
BY
Title)
Vincent Martinez
Mayor, CITY OF WASCO
4,315,075.00
DocuSign Envelope ID: 9284CADD- 4D5C- 4BFF- 9E54- 2806C33D7B60 1/ 27/ 2023
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RESOLUTION NO. 2024 -

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO

EXECUTE CONTRACT CHANGE ORDERS WITH HARTZELL GENERAL ENGINEERING CONTRACTOR, INC. FOR THE WELL 13 SITE DEVELOPMENT PROJECT AND THE CHANGE ORDERS SHALL NOT EXCEED AN ADDITIONAL $200,000.00 FROM THE ORIGINALLY APPROVED CONTRACT AMOUNT.

WHEREAS, the City wishes to address unforeseen conditions & make alterations to the project from the original project contract via cost change order; and

WHEREAS, the change orders will be funded by project #2 3003 from the approved 2023-2024 Capital Improvement Program.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco as follows:

SECTION 1: Authorizes the City Manager or designee to execute contract change orders with Hartzell General Engineering Contractor, Inc. for the Well 13 Site Development Project. The change orders shall not exceed an additional $200,000.00 from the originally approved contract amount.

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I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 2, 2024, by the following vote:

COUNCIL MEMBERS: GARCIA, MEDINA, MARTINEZ, REYNA, SALDAÑA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

ALEXANDRO GARCIA,
MAYOR of the City of Wasco
Attest: _______________

__________________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: July 2, 2024

SUBJECT: A pproval of the acceptance of the Palm Avenue RSTP & CMAQ Project and Authorization for the City Clerk to file the Notice of Completion.

Recommendation:

Staff recommends the City Council:
1) Approval of acceptance of the Palm Avenue RSTP & CMAQ Project and authorize the City Clerk to file the Notice of Completion; and

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

On May 2 , 2023 , the City Council approved the award of this Project to B urtch Construction in the amount of $1,020,856.02.

Palm Avenue was rehabilitated at various locations between Hwy. 46 and Gromer and Poso Drive to Jackson Ave nue. This project also included adding sidewalks with curbs and gutters from Margalo St reet to Gromer Ave nue, re-striping bike lanes with added signs and markings, and adding two ADA ramps.

Burtch Construction has completed its scope of work per the approved agreement, prompting the project's closeout.

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Fiscal Impact:

The final cost of this Project was $1,007,778.97, which is less than the amount authorized by the City Council. Burtch’s asphalt tonnage quantities were 110.57 tons less than what was originally bidding for, which came out to $13,077.05 less.

Attachments:

1. Notice of Acceptance

2. Notice of Completion

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Public Works Office
(661) 758-7271 Fax (661) 758-1728
801 8th Street, Wasco, CA 93280
www.cityofwasco.org

NOTICE OF ACCEPTANCE

NOTICE IS HEREBY GIVEN that the Public Works Director, City of Wasco, State of California, by and through the powers vested in his office by the Members of the City Council has reviewed and accepted as complete the work performed under contract by the Contractor.

The information pertinent to this Notice is as follows:

1. Owner: City of Wasco

2. Contractor: Burtch Construction, Inc.

3. Surety of Faithful
Performance and
Labor and Material Bond: Travelers Casualty and Surety Company of America

4. Contract For: Palm Avenue RSTP & CMAQ Project

5. Date of Contract: May 2, 2023

6. Date of Completion: October 18, 2023

I, Luis Villa, hereby declare under penalty of perjury that the foregoing is true and the provisions of the contract have been met and are accepted on July 2, 2024.

Luis Villa
Public Works Director
City of Wasco

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Recording Requested By:

CITY OF WASCO
Maria Martinez, City Clerk

When Recorded Mail to:

City of Wasco
764 E Street
Wasco, CA 93280

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is OWNER or Agent of the OWNER of the interest or estate stated below in the property hereinafter described.

2. The FULL NAME of the OWNER is City of Wasco

3. The FULL ADDRESS of the OWNER is 746 8th Street, Wasco CA 93280

4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee.

(if other than fee, Strike "In Fee" and insert, for example, "Purchaser under contract of purchase," or "Lessee.")

5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS IN COMMON are:

Names

Addresses

6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subse quent to the commencement of the work of improvement herein referred to:

Names

Addresses

7. A work of improvement on the property hereinafter described was COMPLETED October 18, 2023

8. The work of improvement completed is described as follows: Palm Avenue RSTP & CMAQ Project

9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Burtch Construction, Inc.

10. The street address of said property is: 764 E Street

11. The property on which said work of improvement was completed is in the City of W asco, County of Kern, State of California, and is described as follows:

Rehabilitation of Palm Ave at various locations between Hwy. 46 and Gromer and Poso Dr to Jackson Ave. Adding sidewalk with curb and gutter from Margalo St to Gromer Ave. Re-striping bike lanes with added signs and markings and adding two ADA ramps.

07/02/2024
Date Alexandro Garcia., Mayor, City of Wasco

Verification for INDIVIDUAL owner
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the afo resaid interest or estate in the property described in the above notice; that I have said notice, that I know and understand the co ntents thereof, and that the facts stated therein are true and correct.

NOT APPLICABLE

Date and Place Signature of Owner named in paragraph 2

Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Mayor of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I k now and understand the contents thereof, and that the facts stated therein are true and correct.

07/02/2024, City of Wasco, CA ________________________ Date and Place Alexandro Garcia., Mayor, City of Wasco

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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Nancy Vera, Human Resources Manager

DATE: July 2, 2024

SUBJECT: Adopt a Resolution Approv ing the Fee Amendment to the Administrative Services Agreement between Navia Benefits Solutions Inc. and the City of Wasco.

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Approving the Fee Amendment to the Administrative Services Agreement between Navia Benefits Solutions Inc. and the City of Wasco; and

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidel ines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

Navia and Employer entered into an Agreement effective August 9, 2021. NAVIA is requesting a f ee amendment (“Fee Amendment”) to the Administrative Services Agreement signing in August of 2021. The fee amendment will have an effective date of January 1, 2024. The following changes will be made with regard to the fee amendment.

Fees associated with the COBRA Plan(s) will be paid for by HUB International so long as HUB International is the appointed broker of record for the Employer. If at any time or for any reason, HUB International is no longer the broker of record, or the Fees are unpaid by the Broker by the invoice due date, then the City of Wasco shall be responsible for all Fees and costs in the Fee section. Effective as of the first day of the Plan Year, the following Fees shall apply : the Health Care FSA, Day Care FSA , the per participant per month Fee shall be $6.15 ($200.00 minimum) . In the event that the Employer wishes to

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make changes to the Plan, the City of Wasco shall pay Navia the following Fees: $150 per amendment pertaining to general Plan design, eligibility, or benefits. $300 per restatement requested. There are no anticipated changes to the fiscal budget at this time for the change in fee amendment for the FSA and COBRA plan.

Fiscal Impact:

Fiscal impact associated with the change in fee amendment for the Flexible Benefits Plan (FSA) and Consolidated Omnibus Budget Reconciliation Act (COBRA) plan has been accounted for within the adopted annual fiscal year budget.

Attachments:

1. Resolution

2. Administrative Services Agreement Amendment
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RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING THE FEE

AMENDMENT TO THE ADMINISTRATIVE SERVICES AGREEMENT BETWEEN NAVIA BENEFITS SOLUTIONS INC. AND THE CITY OF WASCO.

WHEREAS, Navia and the City of Wasco entered into an Agreement effective August 9, 2021; and
WHEREAS, Navia is requesting a fee amendment to the Administrative Services Agreement previously signed in August of 2021; and
WHEREAS, Fees associated with the COBRA Plan(s) will be paid for by HUB International so long as HUB International is the appointed broker of record for Employer; and WHEREAS, the Health Care FSA, Day Care FSA , the per participant per month Fee shall be: $6.15 ($200.00 minimum); and
WHEREAS, in the event that Employer wishes to make changes to the Plan, the City of Wasco shall pay to Navia the following Fees: $150.00 per amendment pertaining to general Plan design, eligibility, or benefits. $300.00 per restatement requested.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wasco as follows:

SECTION 1: Approves to adjust the Fee Amendment to the Administrative Services Agreement between Navia Benefits Solutions Inc. and the City of Wasco.

SECTION 2: Authorizes the City Manager or Designee to endorse and implement the Fee Amendment to the Administrative Services Agreement between Navia Benefits Solutions Inc. and the City of Wasco.
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I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 2, 2024, by the following vote:

COUNCIL MEMBERS: GARCIA, MEDINA, MARTINEZ, REYNA, SALDAÑA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________________

ALEXANDRO GARCIA
MAYOR of City the Wasco

Attest: _______________

__________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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1 tdbrev_01172023

FEE AMENDMENT TO THE ADMINISTRATIVE SERVICES AGREEMENT
BETWEEN NAVIA BENEFIT SOLUTIONS, INC. AND CITY OF WASCO THIS FEE AMENDMENT (“Fee Amendment”) to the Administrative Services Agreement is made and entered into effective as of 01/01/2024, (the “Fee Amendment Effective Date”) by and between NAVIA BENEFIT SOLUTIONS, INC., (“Navia”) and CITY OF WASCO (“Employer”).

WHEREAS, Navia and Employer entered into an Agreement effective 08/09/2021, the (“Agreement”); WHEREAS, the Parties now desire to amend the Agreement as set forth below.

NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

AGREEMENT

1. A MENDMENT OF THE AGREEMENT
The parties hereby agree to amend the terms of the Agreement as provided below, effective as of the Fee Amendment Effective Date. To the extent that the Agreement is explicitly amended by this Fee Amendment, the terms of this Fee Amendment will control. Where the Agreement is not explicitly amended, the terms of the Agreement will remain in full force and effect. Capitalized terms used in this Fee Amendment that are not otherwise defined herein shall have the same meanings as such terms have in the Agreement.

Fees associated with the COBRA Plan(s) will be paid for by HUB International so long as HUB International is the appointed broker of record for Employer. If at any time or for any reason HUB International is no longer the broker of record, or the Fees are unpaid by the Broker by the invoice due date, then Employer shall be responsible for all Fees and costs in the Fee section.

1.1 Fee Increase Amendment details. Effective as of the first day of the Plan Year, the following Fees shall apply:

1.1.1 For the Health Care FSA, Day Care FSA the per participant per month Fee shall be:
$6.15 ($200.00 minimum)

1.1.2 For the COBRA plan the per participant per month Fee shall be: $0.00

1.2 Consolidated Appropriations Act Compliance: Navia may, in connection with the Services provided, receive interest, investment income, transaction fees, including transaction fees charged to a merchant bank, or similar payments from third parties. Employer acknowledges that Navia will retain such payment as additional consideration for the Services Navia provides hereunder.

1.3 Plan Document Amendment and Restatement Fee: In the event that Employer wishes to make changes to the Plan, Employer shall pay to Navia the following Fees:

1.1.1. $150 per amendment pertaining to general Plan design, eligibility, or benefits.

1.1.2. $300 per restatement requested.
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2 tdbrev_01172023

2. MISCELLANEOUS

2.1 Full Force and Effect. This Fee Amendment amends the terms of the Agreement and is deemed incorporated into, and governed by all other terms of, the Agreement. The provisions of the Agreement, as amended by this Fee Amendment, remain in full force and effect.

2.2 Further Actions. Each party shall execute, acknowledge, and deliver such further instruments, and do all other acts, as may be necessary or appropriate in order to carry out the purposes and intent of this Fee Amendment.

2.3 Counterparts. This Fee Amendment may be signed in counterparts, each and every one of which shall be deemed an original, notwithstanding variations in format or file designation, which may result from the electronic transmission, storage and printing of copies of this Fee Amendment from separate computers or printers. Facsimile signatures shall be treated as original signature.

IN WITNESS WHEREOF, the parties have caused this Fee Amendment to be executed by their duly authorized representatives as of the Fee Amendment Effective Date. Further, the parties agree that the signature dates below reflect the actual date of signatures by the parties and may not be the Fee Amendment Effective Date.

NAVIA BENEFIT SOLUTIONS, INC., CITY OF WASCO
By: By:

Name: Name:

Title: Title:

Date: Date:
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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Nancy Vera, Human Resources Manager

DATE: July 2, 2024

SUBJECT: Adopt a Resolution Authorizing the City Manager or Designee to Finalize and Execute t he City of Wasco Workplace Violence Prevention Plan (WVPP).

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Authorizing the City Manager or Designee to Finalize and Execute The City of Wasco Workplace Violence Prevention Plan (WVPP); and

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

This request is for approval of a Resolution Authorizing the City Manager or Designee to Finalize and Execute The City of Workplace Violence Prevention Plan (WVPP) manual.

The purpose of the City of Wasco’s Workplace Violence Prevention Plan (“Plan” or “WVPP”) is to establish, implement, and maintain an effective workplace violence prevention plan as required under Labor Code sections 6401.7 and 6401.9. Specifically, this Plan contains procedures to address the following statutory requirements:
• Record information in a Violent Incident Log for every incident of Workplace Violence, as defined in the plan.

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• Provide effective training to employees on the legal requirements related to the prevention of workplace violence, including but not limited to the City of Wasco’s WVPP.
• Maintain records of the following: (a) Workplace Violence hazards, (b) City of Wasco employee (hereinafter referred to as “employees”) trainings, (c) Vi olent Incident Logs, and (d) the investigation of any incident of Workplace Violence. • Ensure certain records are made available to the Division of Occupational Safety and Health (“Division” or “DOSH”), employees, and any authorized employee representatives.

The WVPP shall apply to all City of Wasco workplaces and employees unless a workplace is expressly exempt from coverage. The plan's effective date is July 1, 2024, and it will be periodically updated to meet the requir ements under Labor Code sections 640 1.7 and 6401.9.

Fiscal Impact:

No current fiscal impact is associated with the approval of the City of Wasco WVPP.

Attachments:

1. Resolution

2. The City of Wasco Workplace Violence Prevention Plan (WVPP) 66 of 132

RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO FINALIZE AND EXECUTE THE CITY OF WASCO WORKPLACE VIOLENCE PREVENTION PLAN (WVPP).

WHEREAS, the City of Wasco’s Workplace Violence Prevention Plan (“Plan” or “WVPP”) is to establish, implement, and maintain an effective workplace violence prevention plan as required under Labor Code sections 6401.7 and 6401.9; and WHEREAS, the WVPP shall apply to all City of Wasco workplaces and employees, unless a workplace is expressly exempted from coverage; and
WHEREAS, the effective date of the Plan is July 1, 2024 and will be periodically updated to meet the requirements under Labor Code sections 6401.7 and 6401.9.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wasco as follows:

SECTION 1: the City of Wasco’s Workplace Violence Prevention Plan (“Plan” or “WVPP”) is to establish, implement, and maintain an effective workplace violence prevention plan as required under Labor Code sections 6401.7 and 6401.9.

SECTION 2: Authorizes the City Manager or Designee to Finalize and Execute The City of Wasco Workplace Violence Prevention Plan (WVPP).

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I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 2, 2024, by the following vote:

COUNCIL MEMBERS: GARCIA, MEDINA, MARTINEZ, REYNA, SALDAÑA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________________

ALEXANDRO GARCIA
MAYOR of City the Wasco

Attest: _______________

__________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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1 WORKPLACE VIOLENCE

PREVENTION PLAN
(“WVPP”)
June 26th, 2024
Describes the legal requirements related to the
prevention of workplace violence. Accounts for the
requirements of sections 6401.7 and 6401.9 for
covered employees.

Human Resources Division

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2 Table of Contents
Purpose ................................................................................................................................................... 4 Scope of Coverage ................................................................................................................................... 4 Workplaces.......................................................................................................................................... 4 Employees ........................................................................................................................................... 4 Effective Date .......................................................................................................................................... 4 Definitions ............................................................................................................................................... 5 The Plan .................................................................................................................................................. 6 Access ................................................................................................................................................. 6 Employees ....................................................................................................................................... 6 Designated Representatives............................................................................................................. 7 DOSH Representatives ..................................................................................................................... 7 Implementation ................................................................................................................................... 7 Workplace Violence Prevention Coordinator (“Coordinator”) .......................................................... 7 Obtaining Active Employee Involvement in Developing and Implementing the Plan ............................. 8 Identifying, Evaluating, and Correcting Workplace Violence Hazards ................................................ 8 Designing and Implementing Training .............................................................................................. 9 Reporting and Investigating Workplace Violence Incidents .............................................................. 9 Coordination with Other Employers ................................................................................................... 10 Compliance ....................................................................................................................................... 10 Expectations of Employees Regarding Compliance with the Plan ................................................... 10 Communicating to Employees about Workplace Violence .................................................................. 11 Reporting Violent Incidents ............................................................................................................ 11 Acceptance of and Response to Reports of Workplace Violence .................................................... 12 Investigation of Workplace Violence .............................................................................................. 12 Documentation in Violent Incident Log .......................................................................................... 13 Prohibition on Retaliation .............................................................................................................. 15 Identification, Evaluation, and Correction of Workplace Violence Hazards ......................................... 15 Identification of Workplace Violence Hazards ................................................................................ 15 Investigation of Workplace Violence Hazards ................................................................................. 17 Correction of Workplace Violence Hazards .................................................................................... 17 Recording Information regarding Workplace Violence Incidents .................................................... 18 Responding to Workplace Violence Emergencies ............................................................................... 18 70 of 132
3 Training ............................................................................................................................................. 19 Recordkeeping ...................................................................................................................................... 19 Exhibit A: ............................................................................................................................................... 21 Exhibit B: ............................................................................................................................................... 22

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4 Purpose
The purpose of the City of Wasco’s Workplace Violence Prevention Plan (“Plan” or “WVPP”) is to establish, implement, and maintain an effective workplace violence prevention plan as required under Labor Code sections 6401.7 and 6401.9.

Specifically, this Plan contains procedures to address the following statutory requirements:

1. Record information in a Violent Incident Log for every incident of Workplace Violence, as defined below.

2. Provide effective training to employees on the legal requirements related to the prevention of workplace violence, including but not limited to the City of Wasco’s WVPP.

3. Maintain records of the following: (a) Workplace Violence hazards, (b) City of Wasco employee (hereinafter referred to as “employees”) trainings, (c) Violent Incident Logs, and (d) the investigation of any incident of Workplace Violence.

4. Ensure certain records are made available to the Division of Occupational Safety and Health (“Division” or “DOSH”), employees, and any authorized employee representatives.

Scope of Coverage
Workplaces
The WVPP shall apply to all City of Wasco workplaces, unless a workplace is expressly exempted from coverage.

The following workplaces are exempt from and not subject to the WVPP:

1. A workplace that an employee has chosen to telework from that is not under the control of the City of Wasco.

2. A workplace where fewer than ten (10) employees work at any given time and that is not accessible to the public, if such workplace complies with the applicable regulatory requirements regarding the prevention of injuries and illnesses, including maintaining an Injury and Illness Prevention Plan (“IIPP”) for such workplace.

Employees
The WVPP applies to all City of Wasco employees, unless an employee is expressly exempted.

The following employees are exempt from coverage under the WVPP:

1. An employee who is teleworking from a location of the employee’s choice, which is not under the control of the City of Wasco.

2. An employee who is working at a workplace where fewer than ten (10) employees work at any given time and that is not accessible to the public, if such workplace complies with the applicable regulatory requirements regarding the prevention of injuries and illnesses, including maintaining an IIPP for such workplace.

Effective Date
The effective date of this Plan is July 1, 2024.

The Plan shall continue in full force and effect until repealed or rescinded. 72 of 132
5 Definitions
For the purposes of the WVPP, the following definitions apply:
• “Access” means the right and opportunity to examine and receive a copy of the WVPP. • “Designated Representative” means any individual or organization to whom an employee gives Written Authorization to exercise a right of Access. A recognized or certified collective bargaining agent shall be considered a Designated Representative for the purpose of Access to the WVPP.
• “Emergency” or “Emergencies” means unanticipated circumstances that can be life threatening or pose a risk of significant injuries to employees or other persons. • “Engineering Controls” mean an aspect of the built space or a device that removes a hazard from the workplace or creates a barrier between the worker and the hazard. • “Serious Injury or Illness” means any injury or illness occurring in a place of employment or in connection with any employment that requires inpatient hospitalization for other than medical observation or diagnostic testing, or in which an employee suffers an amputation, the loss of an eye, or any serious degree of permanent disfigurement, but does not include any injury or illness or death ca used by an accident on a public street or highway, unless the accident occurred in a construction zone.
• “Threat of Violence” means any verbal or written statement, including, but not limited to, texts, electronic messages, social media messages, or other online posts, or any behavioral or physical conduct, that conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to place someone in fear of physical harm, and that serves no legitimate purpose.
• “Workplace Violence” means any act of violence or Threat of Violence that occurs in the City of Wasco’s covered workplace. Workplace Violence does not include lawful acts of self-defense or defense of others.
• Workplace Violence includes but is not limited to the following:
o The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.
o An incident involving a threat or use of a fi rearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.
• The following four (4) types of Workplace Violence:
o “Type 1 violence” means Workplace Violence committed by a person who has no legitimate business at the workplace and includes violent acts by anyone who enters the workplace or approaches workers with the intent to commit a crime. o “Type 2 violence” means Workplace Violence directed at employees by customers, clients, patients, students, inmates, or visitors.
o “Type 3 violence” means Workplace Violence against an employee by a present or former employee, supervisor, or manager.
o Type 4 violence” means Workplace Violence committed in the workplace by a person who does not work there but has or is known to have had a personal relationship with an employee.
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6 • “Workplace Violence Prevention Committee” (“Committee”) means the group of employees who assess City of Wasco ’s Workplace Violence hazards and support in the implementation of the WVPP.
• “Workplace Violence Prevention Coordinator” (“Coordinator”) means the individual who is responsible for implementing the WVPP.
• “Work Practice Controls” means procedures and rules, which are used to effectively reduce Workplace Violence hazards.
• “Written Authorization” means a request provided to the City of Wasco containing the following information:
o The name and signature of the employee authorizing a representative of the employee to access the WVPP on the employee’s behalf;
o The date of the request;
o The name of the designated representative (individual or organization) authorized to receive the WVPP on the employee’s behalf; and
o The date upon which the Written Authorization will expire, if less than one (1) year. • “WVPP” or “Plan” means the Workplace Violence Prevention Plan. • “Violent Incident Log” or “Log” means the violent incident log required by this WVPP.

The Plan
Access
The City of Wasco makes the WVPP available and accessible to employees, Designated Representatives, and representatives of the DOSH at all times.

Employees
The City of Wasco will provide Access to the WVPP to employees as follows:

1. The City of Wasco has made and will continue to make the WVPP available and will provide Access to employees by providing an employee a physic al copy of the WVPP within five (5) business days of receiving the request for Access from the employee.

Whenever an employee requests a copy of the WVPP, the City of Wasco shall provide the requesting employee a printed copy of the WVPP, unless the employee agrees to receive an electronic copy of the WVPP.

The City of Wasco will provide one (1) printed copy of the WVPP free of charge. If an employee requests additional copies of the WVPP within one (1) year of the previous request and the WVPP has not been updated with new information since the prior copy was provided, the City of Wasco may charge reasonable, non-discriminatory reproduction costs for the additional copies.

2. An employee can Access the WVPP through the City of Wasco’s server and or website, www.cityofwasco.org or Z:\HR Forms, where the employee can review, print, and email the current version of the WVPP.
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7 Designated Representatives
The City of Wasco will make the WVPP available and provide Access to Designated Representatives in a manner consistent with Section V(a)(1) of the City of Wasco’s WVPP only after the employee provides Written Authorization to the City of Wasco, unless otherwise stated.

The City of Wasco makes the WVPP available and provides Access to any employee organization that represents employees in a manner consistent with WVPP Section V(a)(1) without requirin g that an employee provide prior Written Authorization to the City of Wasco.

DOSH Representatives
The City of Wasco will make the WVPP available to DOSH representatives upon request.

Implementation
Workplace Violence Prevention Coordinator (“Coordinator”) The individual(s) identified below shall serve as the City of Wasco’s Workplace Violence Prevention Coordinator “Coordinator(s)” and is authorized to and responsible for implementing the WVPP:
(“Title”) Job
Title/Position
Contact Information WVPP Responsibilities
Coordinator City Manager [email protected] Responsible for implementing the Plan
Coordinator Human
Resources
Analyst I
[email protected] Responsible for training and
employee involvement
Coordinator Human
Resources
Manager
[email protected] Responsible for Emergency
response, hazard identification,
and coordination with other
employers

Specifically, the Coordinator will be responsible for the following:

1. Serve as the Chair of the City of Wasco ’s Workplace Violence Prevention Committee (“Committee”);

2. Establish and coordinate Work Practice Controls;

3. Establish and coordinate Engineering Controls;

4. Respond to reports of Workplace Violence incidents and Workplace Violence hazards, including investigating incidents of Workplace Violence and Workplace Violence hazards. a. Workplace Violence Prevention Committee (“Committee”) The City of Wasco established a Workplace Violence Prevention Committee (“Committee”) to assess the City of Wasco’s Workplace Violence hazards and determine preventative actions to be taken.

The Committee shall be comprised of the Coordinator and the following individuals: Assistant City Manager, Administrative Manager, City Engineer, City Manager, Community Development 75 of 132
8 Director, Deputy Public Works Directors, Finance Director, Facilities Maintenance Division Public Works Director, Human Resources Division , Information T echnology Division, and or other designee based on City Manager selection.

The Committee shall undertake the following:

1. Meet regularly, but not less than quarterly;

2. Prepare and make available to any affected employees, the records of the workplace violence issues discussed at the Committee meetings and maintained for review by DOSH upon request;

3. Review the results of the City of Wasco’s periodic, scheduled workplace inspections;

4. Review investigations of Workplace Violence and their causes, and where appropriate, submit suggestions to the City of Wasco ’s management for the prevention of future incidents;

5. Review investigations of alleged Workplace Violence hazards brought to the attention of any Committee member. When determined necessary by the Committee, the Committee may conduct its own inspection and investigation to assist in remedial solution(s);

6. Submit recommendations to assist in the evaluation of employee safety suggestions;

7. Upon request from the DOSH, verify abatement action taken by the City of Wasco to abate citations issued by the DOSH;

8. Provide updates to the WVPP;

9. Prepare and implement Workplace Violence training subsequent to the initial training; and

10. At minimum, review the WVPP under the following circumstances: (a) once annually; (b) when a deficiency is observed or becomes apparent; and (c) after a Workplace Violence incident.
a. A review of the WVPP should include the following: (a) review of the Violent Incident Log; (b) review employee comments and feedback on the WVPP; (c) review of other records; and (d) a physical inspection of the workplace. b. Following the review, report any revisions to the Plan to employees.

Obtaining Active Employee Involvement in Developing and Implementing the Plan The City of Wasco encourages the active involvement of employees in developing and implementing the WVPP through and by the measures discussed in the sections below.

Identifying, Evaluating, and Correcting Workplace Violence Hazards The City of Wasco encourages the active involvement of employees in identifying, evaluating, and correcting Workplace Violence hazards through and by the following means:

1. Regular meetings of the Committee comprised of both the City of Wasco and employees that is charged with identifying, evaluating, and correcting Workplace Violence hazards;

2. Schedule general employee meetings at which Workplace Violence hazards are freely and openly discussed by those present. Such meetings shall be regular, scheduled, and announced to all employees so maximum employee attendance can be achieved;

3. Survey employees regarding the identification, evaluation, and correction of any Workplace Violence hazards;
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9 4. Provide a means by which employees may provide anonymous feedback regarding the identification, evaluation, and correction of any Workplace Violence hazards; and

5. Provide a means by which employees may report potential Workplace Violence hazards that the City of Wasco will evaluate and, if necessary, correct.

Designing and Implementing Training
The City of Wasco encourages the active involvement of employees in designing and implementing training through and by the following means:

1. Regular meetings of the Committee comprised of both the City of Wasco and employee representatives that is charged with designing and implementing training;

2. Provide opportunities for employees to identify the daily activities they believe put them at most risk for Workplace Violence and address those activities within the training;

3. Authorize sufficient time and resources to facilitate employee participation, including holding trainings during regular working hours; and

4. Establish surveys to evaluate the effectiveness of the training, and authorize sufficient time and resources following each training to ensure employees can complete the evaluation.

The City of Wasco shall adapt the training based on the results of these evaluations.

Reporting and Investigating Workplace Violence Incidents The City of Wasco encourages the active involvement of employees in reporting and investigating Workplace Violence incidents through and by the following means:

1. Regular meetings of the Committee comprised of both the City of Wasco and employee Representatives that is charged with reviewing investigations of Workplace Violence incidents and hazards;

2. Encourage any employee who experiences, witnesses, or becomes aware of a violent incident, threat, or other Workplace Violence concern in which there is an immediate threat to the employee’s safety or the safety of others or where a Serious Injury or Illness has occurred to immediately report the incident to law enforcement, security, and/or emergency medical services;

3. Encourage any employee who experiences, witnesses, or becomes aware of a violent incident, threat, or other Workplace Violence concern to immediately report the facts and circumstances of the violent incident, threat, or other Workplace Violence concern to their supervisor, the Coordinator, or to the Department of Human Resources.

4. Encourage any employee who experiences, witnesses, or becomes aware of a violent incident, threat, or other Workplace Violence concern to participate in the investigation of the violent incident, threat, or other Workplace Violence concern;

5. Implement procedures to ensure that employees are not retaliated against for reporting or participating in investigations of Workplace Violence incidents;

6. Allocate adequate resources and training for employ ees to appropriately recognize Workplace Violence concerns;

7. Provide coverage, if necessary, so employees can immediately report a concern of Workplace Violence during their regularly scheduled work hours and participate in investigations; and
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10 8. Recognize and reward employees who report violent incidents, threat, or other Workplace Violence concerns.

Coordination with Other Employers
If and when applicable (e.g., for multi-employer workplaces), the City of Wasco shall coordinate the implementation of the Plan with other employers in order to ensure that those employers and employees understand their respective roles, as provided in the Plan.

Specifically, the City of Wasco will coordinate with other employers to ensure that all employees within the workplace are trained on Workplace Violence prevention and all Workplace Violence incidents involving any employee are reported, investigated, and recorded.

At a multiemployer worksite, the City of Wasco will ensure that when an employee experiences a Workplace Violence incident, the City of Wasco shall record the information in the Violent Incident Log and provide a copy of that Log to the controlling employer. If the City of Wasco is the controlling employer at a worksite, the City of Wasco will ensure that it receives copies of all Logs from other employers.

Compliance
The City of Wasco will ensure compliance with the Plan through and by the measures discussed in this section.

Expectations of Employees Regarding Compliance with the Plan Employees
All employees should be familiar with the WVPP and its requirements.

All employees are responsible for using safe work practices, for following all directives, policies, and procedures, and for assisting the City of Wasco maintain a safe and secure work environment.

All employees are required to know, understand, and adhere to the safety rules that apply to their workplace and the work they perform.

Managers and Supervisors
Managers and supervisors are responsible for implementing and maintaining the WVPP in their respective work areas and for ensuring that all employees adhere to the safety rules that apply in these work areas.

Managers and supervisors should answer questions that employees may have about the Plan and its requirements, be able to direct employees to the Coordinator, or provide resources for employees to use that will answer their questions.
a. Methods to Ensure Compliance
i. Recognition of Employees Who Comply with the Plan
The City of Wasco recognizes employees who comply with the Plan through the following positive reinforcement procedures. Employer’s means of recognition included but are not limited 78 of 132
11 to thanking employees for their hard work, acknowledging their achievements in meetings or emails, or highlighting their contributions to the team. ii. Training and Retraining of Employees on Plan Requirements The City of Wasco shall ensure substantial compliance with the WVPP by providing employees with training as discussed in the Plan.
iii. Enforcement of the Plan Requirements and Discipline for Non- Compliance
Managers and supervisors will enforce the rules and requirements related to the Plan fairly and uniformly.

Employees who do not comply with the safety rules and requirements set forth in the Plan may be subject to discipline, up to and including termination.

Managers and supervisors who do not enforce the rules and requirements related to the Plan or do not enforce them fairly and uniformly may be subject to discipline, up to and including termination.

Communicating to Employees about Workplace Violence
The City of Wasco’s will communicate to employees about reporting and investigating Workplace Violence incidents.

The City of Wasco’s procedures for communicating to employees regarding Workplace Violence incidents include the following:

1. Reporting on violent incidents, threats, or other violent Workplace Violence concerns;

2. Informing affected employees of the general results of any investigation into Workplace Violence incidents, while protecting the privacy of affected and/or involved employees;

3. Informing affected employees of the corrective actions taken in response to the Workplace Violence incident, while protecting the privacy of affected and/or involved employees; and

4. Communicating to employees about the prohibition on retaliating against employe es who participate in the investigation of Workplace Violence incidents.

Reporting Violent Incidents
An employee may report a Workplace Violence incident through any of the following means:

1. Reporting the incident to any manager or supervisor verbally or in writing;

2. Reporting the incident to the Coordinator or other Committee member;

3. Reporting the incident to a Designated Representative, who will facilitate a report to the City of Wasco. T he City of Wasco will respond to the report after it receives the report from the Designated Representative;

4. Reporting by completing and submitting a physical or electronic form to Department of Human Resources.
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12 Acceptance of and Response to Reports of Workplace Violence The City of Wasco shall accept and respond to all reports of Workplace Violence. i. Immediate Response
Immediately following a report of Workplace Violence, the [Employer] shall immediately respond by providing first aid and emergency care to the injured employee(s) and by taking any measures necessary to prevent other employees from being injured.

The City of Wasco will ensure that any injured employees receive prompt medical evaluation and treatment and that injured employees are provided transportation to receive medical care, if such care is not provided on site.

The City of Wasco will immediately report to DOSH any Serious Injury or Illness or death of an employee that is attributable to Workplace Violence.

ii. Investigating the Report of Workplace Violence
The City of Wasco shall investigate reports of Workplace Violence as provided in the following section.

iii. No Retaliation
The City of Wasco shall not take adverse action against any employee who reports Workplace Violence or who participates in any investigation of Workplace Violence based on such conduct.

iv. Provision of Leave for Employees Who are or May be Victims of Violence The City of Wasco shall not take adverse action against any employee who takes time off from work in order to seek a Temporary Restraining Order (“TRO”) or to obtain other assistance to help safeguard the “health, safety, or welfare” of the employee or their child based on such conduct.

An employee may use paid sick leave pursuant to the [Employer’s Paid Sick Leave Policy and/or Other Applicable Policies] to take time off from work for these purposes.

An employee shall provide the City of Wasco reasonable and advance notice of their intention to take time off from work for either of these purposes if feasible. If advance notice is not feasible, employees must provide a certification to the employer within a reasonable time after the absence.

v. Temporary Restraining Orders
When an employee has suffered unlawful violence or a credible Threat of Violence from any individual, which may reasonably be carried out at any of the City of Wasco’s workplaces, the City of Wasco may attempt to obtain a TRO on behalf of the employee.

Investigation of Workplace Violence
The City of Wasco shall respond to reports of Workplace Violence or a Threat of Violence by promptly initiating an investigation, as applicable.
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13 The City of Wasco’s investigation of Workplace Violence or a Threat of Violence may include, but not necessarily be limited to, the following steps or measures, as applicable:

1. Visiting the scene of an incident as soon as safe and practicable;

2. Collection of facts on who, what, when, where, and how the incident occurred;

3. Collection of statements from involved parties, such as employees, witnesses, law enforcement, and/or security personnel;

4. Reviewing security footage of existing security cameras if applicable;

5. Collection of photographic or video evidence of damage or injuries, where appropriate;

6. Examining the workplace for security risk factors associated with the inciden t, including any previous reports of inappropriate behavior by the perpetrator;

7. Consultation with the affected employees, witnesses, and Committee members to identify potential contributing causes;

8. Obtaining any reports completed by law enforcement;

9. Assessment of any Threat of Violence, identifying the following, as applicable and to the extent the information is known by the City of Wasco:
a. The exact nature and context of the threat and/or threatening behavior; b. The identified target;
c. The person’s apparent motivation;
d. The person’s ability to carry out the threat; and
e. The person’s background, including work history, criminal record, mental health history, and past behavior on the job.

Following an investigation, the City of Wasco may take the following measures, as applicable:

1. Notify the affected employees of the general results of the investigation, while protecting the privacy of affected and/or involved employees;

2. Collaborate with the Committee to recommend corrective action;

3. Implement changes in Engineering Controls, procedures, or policies, if appropriate; and/or

4. Establish updated Work Practice Controls, if necessary.

The City of Wasco shall retain records of Workplace Violence incident investigations for a minimum of five (5) years.

Documentation in Violent Incident Log
All Workplace Violence incidents shall be subsequently reported in the Violent Incident Log.

Information that is recorded in the Log for each incident shall be based on information solicited from the employees who experienced the Workplace V iolence, on witness statements, and on investigation findings. The City of Wasco shall omit from the Log any element of personal identifying information that would be sufficient to allow identification of any person involved in a Workplace Violence incident.

The information recorded in the Log shall include all of the following:

1. The date, time, and location of the incident;

2. The Workplace Violence type or types (e.g., Type 1, Type 2, Type 3, or Type 4); 81 of 132
14 3. A detailed description of the incident;

4. A classificati on of who committed the Workplace Violence, including whether the perpetrator was:
a. A client or customer;
b. Family or friend of a client or customer;
c. Stranger with criminal intent;
d. Coworker;
e. Supervisor or manager;
f. Partner or spouse;
g. Parent or relative; or
h. Other perpetrator;

5. A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was:
a. Completing usual job duties;
b. Working in poorly lit areas;
c. Rushed;
d. Working during a low staffing level;
e. Isolated or alone;
f. Unable to get help or assistance;
g. Working in a community setting; or
h. Working in an unfamiliar or new location.

6. A classification of where the incident occurred, such as in the workplace, parking lot or other area outside the workplace, or other area;

7. The type of incident, including, but not limited to, whether it involved any of the following:
a. Physical attack without a weapon, including, but not limited to, biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting;
b. Attack with a weapon or object, including, but not limited to, a firearm, knife, or other object;
c. Threat of physical force or threat of the use of a weapon or other object; d. Sexual assault or threat, including, but not limited to, rape, attempted rape, physical display, or unwanted verbal or physical sexual contact; e. Animal attack; or
f. Other;

8. Consequences of the incident, including, but not limited to:
a. Whether security or law enforcement was contacted and their response; b. Actions taken to prot ect employees from a continuing threat or from any other hazards identified as a result of the incident;

9. Information about the person completing the Log, including their name, job title, and the date completed.

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15 Prohibition on Retaliation
The City of Wasco has implemented the following measures to prevent and prohibit retaliation against those who report Workplace Violence, a Threat of Violence, or hazards related to Workplace Violence, or who participate in the investigation of such incidents or hazards:

1. The City of Wasco responds to reports of Workplace Violence, a Threat of Violence, or hazards related to Workplace Violence in a prompt and timely manner;

2. The City of Wasco provides employees multiple channels by which to report incidents, hazards, or concerns, including anonymously and through or by a Designated Representative;

3. The City of Wasco admonishes managers and supervisors not to retaliate against any employee who reports Workplace Violence, a Threat of Violence, or hazards related to Workplace Violence, or any employee who participates in the investigation of such incidents or hazards; and

4. The City of Wasco trains all employees that retaliation against any employee who reports Workplace Violence, a Threat of Violence, or hazards related to Workplace Violence, or any employee who participates in the investigation of such incidents or hazards is expressly prohibited and that there are consequences, such as discipline, for retaliation against such employees.

Identification, Evaluation, and Correction of Workplace Violence Hazards The City of Wasco shall undertake all necessary actions to identify, evaluate, and correct Workplace Violence hazards.

Identification of Workplace Violence Hazards
The City of Wasco shall undertake all necessary actions to identify Workplace Violence hazards.

The City of Wasco shall conduct inspections of its workplace(s) to identify Workplace Violence hazards.

Specifically, the City of Wasco shall conduct inspections under the following circumstances:

1. When the WVPP is first established;

2. After each Workplace Violence incident;

3. Whenever the City of Wasco is made aware of a new or previously unrecognized hazard; and

4. Every year.

Periodic inspections to identify and evaluate Workplace Violence and hazards will be performed by the following employees in the following areas of the workplace:

Name of Employee/Job Title of
Employee
Inspection Area/Department/Specific
Location
Maria Lara, Assistant City Manager Annex Building lobby, reception, parking lot, breakroom.

M. Scott Hurlbert, City Manager All City of Wasco Facilities. 83 of 132
16 Keri Cobb, Community Development
Director
Annex Building lobby, reception, parking lot,
breakroom.

Kameron Arnold and Alberto Martinez,
Deputy Public Works Director(s)
Public Works Building(s), including but not
limited to Water, Wastewater, Shop, and
Animal Control lobby, reception, parking lot,
breakroom.

Isarel Perez Hernandez, Finance Director Annex Building lobby, reception, parking lot, breakroom.

Facilities Maintenance Division All City of Wasco Facilities.

Luis Villa, Public Works Director Public Works Building(s), including but not limited to Water, Wastewater, Shop, and
Animal Control lobby, reception, parking lot,
breakroom.

Nancy Vera and Nancy Nelson, Human
Resources Division
All City of Wasco Facilities.

Emmanuel Garcia and Neomi Perez,
Information Technology Division
City Hall lobby, reception, parking lot,
breakroom.

Maria Martinez, Administrative Manager City Hall lobby, reception, parking lot, breakroom. Transit Vehicles, Designated
Other designee based on City Manager
selection
Locations may vary based on employment
location of designee

Inspections for Workplace Violence hazards may include assessing factors specific to the City of Wasco’s workplace, such as the following:

1. The exterior and interior of the workplace for its attractiveness to robbers;

2. The need for violence surveillance measures, such as mirrors and cameras;

3. Procedures for employee response during a robbery or other criminal act, including the City of Wasco ’s policy prohibiting employees, who are not security guards, from confronting violent persons or persons committing a criminal act;

4. Procedures for reporting suspicious persons or activities;

5. Effective location and functioning of emergency buttons and alarms;

6. Posting of emergency telephone numbers for law enforcement, fire, and medical services;

7. Whether employees have access to a telephone with an outside line;

8. Whether employees have effective escape routes from the workplace;

9. Whether employees have a designated safe area where they can go to in an emergency;

10. Adequacy of workplace security systems, such as door locks, entry codes or badge readers, security windows, physical barriers, and restraint systems;

11. Frequency and severity of threatening or hostile situations that may lead to violent acts by persons who are service recipients of the [Employer] our establishment;

12. Employees’ skill in safely handling threatening or hostile service recipients; 84 of 132
17 13. Effectiveness of systems and procedures that warn others of actual or potential Workplace Violence danger or that summon assistance, e.g., alarms or panic buttons;

14. The use of work practices such as the "buddy" system for specified emergency events;

15. The availability of employee escape routes;

16. How well the City of Wasco’s establishment's management and employees communicate with each other;

17. Access to and freedom of movement within th e workplace by non -employees, including recently discharged employees or persons with whom one of our employees is having a dispute;

18. Frequency and severity of employees’ reports of threats of physical or verbal abuse by managers, supervisors, or other employees;

19. Any prior violent acts, threats of physical violence, verbal abuse, property damage or other signs of strain or pressure in the workplace.

Investigation of Workplace Violence Hazards
The City of Wasco will initiate an investigation following the identification of a Workplace Violence hazard in order to evaluate the nature of the hazard.

The City of Wasco may undertake the following as part of such investigation, as applicable:

1. Collection of statements from witnesses;

2. Collection of photographic or v ideo evidence of damage or injuries, where appropriate; and

3. Consultation with the affected employees, witnesses, and Committee members to identify potential contributing causes.

Correction of Workplace Violence Hazards
After the identification and investigation of a Workplace Violence hazard and after a Workplace Violence Hazard inspection, the City of Wasco will take appropriate steps to correct the hazard and prevent or control future or potential hazards by implementing the following measures:

1. Substitution: When possible, the City of Wasco will correct a hazard by eliminating or substituting it with a safer Work Practice Control (“Substitution”).

2. Removal of Employees: In the event that a Workplace Violence hazard exists that cannot be immediately corrected without endangering employees or property, the City of Wasco will remove all employees from the work site except those necessary to correct the existing hazard. Employees who are necessary to correct the hazard will be provided with necessary protection in order to protect them from the hazard.

3. Replacement of Equipment: If a piece of equipment is hazardous, the City of Wasco will remove it from service and identify it as defective.

4. Engineering Controls: The City of Wasco will apply physical changes to either remove the hazard from the workplace or create a barrier between employees and the hazard. Based on the nature of the hazard and the needs of the workplace, Engineering Control strategies may include the following: (a) using physical barriers (such as enclosures or guards) or door locks to reduce employee exposure to the hazard; (b) metal detectors; (c) panic 85 of 132
18 buttons; (d) improved or additional lighting; and (e) more accessible ex its (where appropriate).

5. Work Practice Controls: The City of Wasco will adjust Work Practice Controls if Substitution or Engineering Controls are impossible or inappropriate. Additional Work Practice Controls may be necessary in addition to Substitution an d Engineering Controls to prevent future Workplace Violence hazards. Work Practice Control strategies may include the following: (a) hiring security guards and having them patrol the workplace interior and perimeter; (b) ensuring employees have access to a telephone with an outside line; posting emergency telephone numbers in the workplace for law enforcement, fire, and medical services; (c) improved or altered communication measures; (d) improved or altered policies of prohibited practices (such as a weapons ban or limitation of the amount of cash on hand); and a “buddy system” for specified Emergency events; (d) adding security cameras or mirrors.

6. Training: The City of Wasco will educate employees about the identified hazard in subsequent WVPP training.

7. Collaborate with the Committee: The City of Wasco will collaborate with the Committee on other ways to correct the hazard.

8. Notice to Affected Employees: The City of Wasco will notify affected employees in writing of the corrective measures the City of Wasco implemented to address the Workplace Violence hazard.

Recording Information regarding Workplace Violence Incidents The City of Wasco will document the identification, investigation, and correction of Workplace Violence hazards and maintain such records for at least five (5) years following the identification, investigation, and correction of such hazards.

The City of Wasco shall record information in the Violent Incident Log for each Workplace Violence incident.

Information that is recorded in the Log for each incident shall be based on information solicited from the employee(s) who experienced the Workplace Violence, on witness statements, and on investigation findings.

The Log is attached to the WVPP as Exhibit A.

The City of Wasco will document all work -related injuries or illness caused by Workplace Violence that resulted in death, loss of consciousness, days away from work, restricted work activity or job transfer, or medical treatment beyond first aid to DOSH.

Responding to Workplace Violence Emergencies
The City of Wasco will use an emergency alerting system to alert employees of the presence, location, and nature of Workplace Violence Emergencies.

Following a Workplace Violence Emergency, a notification through the alerting sy stem will include information regarding the following:

1. The existence/presence of a Workplace Violence Emergency; 86 of 132
19 2. The location of a Workplace Violence Emergency;

3. The nature of the Workplace Violence Emergency; and

4. The appropriate response procedures for employees.

The City of Wasco has developed the following evacuation and/or sheltering plan for each City of Wasco workplace:

1. Evacuation Protocols: Attached the plan as Exhibit B

2. Sheltering Protocols: Attached the plan as Exhibit B In a Workplace Violence Emergency, employees can obtain help from any manager or supervisor, the Coordinator, any Committee member, or, if applicable, from security or law enforcement.

Employees should promptly call 911 in the event of a Workplace Violence Emergency.

Training
The City of Wasco shall provide training when the Plan is first established and when new employees are hired.

The City of Wasco shall ensure annual training thereafter.

The City of Wasco shall provide training on all of the following subjects:

1. The City of Wasco’s Plan, how to obtain a copy of the City of Wasco’s Plan at no cost, and how to participate in the development and implementation of the City of Wasco’s Plan;

2. Definitions and requirements of the Plan;

3. How to report Workplace Violence incidents or con cerns to the City of Wasco or law enforcement without fear of reprisal;

4. Workplace Violence hazards specific to the employees’ jobs, the corrective measures the City of Wasco has implemented, how to seek assistance to prevent or respond to violence, and strategies to avoid physical harm; and

5. The City of Wasco’s Violent Incident Log, and how to obtain copies of records related to Workplace Violence.

The training shall include an opportunity for interactive questions and answers with a person knowledgeable about the City of Wasco’s Plan.

The City of Wasco shall provide additional training when a new or previously unrecognized Workplace Violence hazard has been identified and when changes are made to the Plan.

Recordkeeping
The City of Wasco shall maintain the following types of records for the following periods:

Type of Record Maintenance Period
Records of Workplace Violence hazard
identification, evaluation, and correction
Minimum of five (5) years
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20 Training records, including training dates,
contents or a summary of the training
sessions, names and qualifications of persons
conducting the training, and names and job
titles of all persons attending the training
sessions
Minimum of one (1) year
Violent Incident Logs Minimum of five (5) years
Records of Workplace Violence incident
investigations. These records must not contain
medical information.

Minimum of five (5) years

The City of Wasco shall ensure that records of Workplace Violence Incident Investigations do not contain any medical information includ ing any information in electronic or physical form, in possession of or derived from a provider of health care, health care service plan, pharmaceutical company, or contractor regarding a patient’s medical history, mental health application information, reproductive or sexual health application information, mental or physical condition, or treatment that includes or contains any element of personal identifying information sufficient to allow identification of the individual.

The City of Wasco shall make all records required by this WVPP available to DOSH upon request for purposes of examination and copying.

The City of Wasco shall make the following records available to employees and their Designated Representatives, upon request and without cost, for exami nation and copying within fifteen (15) calendar days of a request:

1. Records of Workplace Violence hazard identification, evaluation, and correction;

2. Training records; and

3. Violent Incident Logs.
88 of 132
21 Exhibit A:

89 of 132
22 Exhibit B:

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23 91 of 132
24 92 of 132
25 93 of 132
26 94 of 132
27 95 of 132
28 96 of 132
29 97 of 132
30 98 of 132
31 99 of 132
32 100 of 132
33 101 of 132
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Isarel Perez Hernandez, Finance Director
Nancy Vera, Human Resources Manager

DATE: July 2, 2024

SUBJECT: Adopt a Resolution Approving the Amended Salary Schedule for the Fiscal Year 2024- 2025 in Compliance with the California Public Employees’ Retirement System (CalPERS) Requirement for Publicly Available Pay Schedules.

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Approving the Amended Salary Schedule for the Fiscal Year 2024-2025 in Compliance with the California Public Employees’ Retirement System (CalPERS) Requirement for Publicly Available Pay Schedules; and

Environmental Review:

The staff has reviewed the proposed activ ity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/admin istrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

The Salary Schedule for Fiscal Year 2024 – 2025 was approved by the City Council during the regular scheduled meeting on June 18, 2024. The Salary Schedule presented for Council review tonight contains the amended salary for the Police Department. With the anticipated approval of the MOU between the Wasco Police Officers Association (WPOA) and the City of Wasco, covered staff members will receive a COLA increase of 4% of employee’s base wages effective July 1, 2024 , which is accounted for in the attached salary schedule. The table below outlines those positions that have had a title change and or change in range.

STAFF REPORT
City of Wasco

102 of 132

Position Effective Change Salary Range
Police Services
Technician
Change in title from Police
Services Technician to
Community Services Officer
Non-Exempt Pay
Schedule Range 30

No effective change
to the Pay Schedule
Range
Police Records
Administrator
Change in title from Police
Records Administrator to
Police Support Services
Manager
Non-Exempt Pay
Schedule Range 44

No effective change
to the Pay Schedule
Range

Background:

The City Council annual ly approves the Salary Schedule for the given Fiscal Year as outlined by the Public Employees’ Retirement Law (PERL) Government Code (GC) Sections 20636 and 20636.1, which define compensation earnable for State, School, and Public Agency members. Section 570.5 of the California Code of Regulations (CCR) further clarifies compensation earnable.

For purposes of determining the amount of “comp ensation earnable” pursuant to GC Sections 20630, 20636, and 20636.1, payrate shall be limited to the amount listed on a pay schedule that meets all of the following requirements:

1. Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meetings laws;

2. Identifies the position title for every employee position;

3. Shows the payrate for each identified position, which may be stated as a single amount or as multiple amounts within a range;

4. Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;

5. Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;

6. Indicates an effective date and date of any revisions;

7. Is retained by the employer and available for public inspection for not less than five years; and

8. Does not reference another document in lieu of disclosing the payrate.

All eight (8) requirements must be met in one salary schedule for each member’s pay, in order for CalPERS to approve the pay amount as payrate and reportable compensation earnable. All employers must comply with the compensation earnable provisions and corresponding regulations of the PERL.

Fiscal Impact:

The salary schedule ranges have been incorporated into the 2024 -2025 Fiscal Year budget. With approval of this item, no budget action is required.

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Attachments:

1. Resolution

2. Salary Schedule

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RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING THE AMENDED SALARY SCHEDULE FOR THE FISCAL YEAR 2024-2025 IN COMPLIANCE WITH THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) REQUIREMENT FOR PUBLICLY AVAILABLE PAY SCHEDULES.

WHEREAS, in order to meet CalPERS requirements for publicly available pay schedules, the City Council must approve a S alary Schedule for all City positions (including elected and appointed po sitions), independent from the S alary Schedules included in the Memorandum of Understanding with employee groups or employment agreements; and WHEREAS, Title 2. §570.5 of the California Code of Regulations establishes certain requirements for a publicly available pay schedule; and WHEREAS, the City of Wasco must comply with Government Code § 20636(B)(1) and Title 2, §570.5 of the California Code of Regulations.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wasco as follows:

SECTION 1: Approves the Amended Salary Schedule for Fiscal Year 2024-25 in order to meet the requirements of Title 2, §570.5 of the California Code of Regulations.

SECTION 2: Authorizes the City Manager or D esignee to endorse and implement the Amended Salary Schedule, as attached hereto as Exhibit “A”.

-o0o-

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I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 2, 2024, by the following vote:

COUNCIL MEMBERS: GARCIA, MEDINA, MARTINEZ, REYNA, SALDAÑA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________________

ALEXANDRO GARCIA
MAYOR of City the Wasco

Attest: _______________

__________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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Rev 6-26-2024
City Manager Contract
Deputy Public Works Director(s) Contract
Assistant City Manager Contract
City Engineer Contract
Finance Director Contract
Community Development Director Contract
Public Works Director Contract
Police Lieutenant Contract
Chief of Police Contract
City Council Member 300$
City Clerk/Treasurer 60$

MID MANAGEMENT - EXEMPT PAY SCHEDULE - BIWEEKLY

TITLE RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP A STEP F STEP A STEP F Senior Planner 6 $2,745.17 $2,882.41 $3,026.54 $3,177.86 $3,336.76 $3,503.58 $71,374.42 $91,093.08 34.3146 43.7948 City Project Manager 9 $2,956.23 $3,104.05 $3,259.25 $3,422.21 $3,593.32 $3,772.99 $76,861.98 $98,097.74 36.9529 47.1624 Chief Building Official 9 $2,956.23 $3,104.05 $3,259.25 $3,422.21 $3,593.32 $3,772.99 $76,861.98 $98,097.74 36.9529 47.1624 Sanitation Superintendent 9 $2,956.23 $3,104.05 $3,259.25 $3,422.21 $3,593.32 $3,772.99 $76,861.98 $98,097.74 36.9529 47.1624 Human Resources Manager 12 $3,184.27 $3,345.28 $3,514.81 $3,692.88 $3,879.57 $4,076.16 $82,791.02 $105,980.16 39.8034 50.9520 Information Technology Manager 12 $3,184.27 $3,345.28 $3,514.81 $3,692.88 $3,879.57 $4,076.16 $82,791.02 $105,980.16 39.8034 50.9520 Accounting Manager 12 $3,184.27 $3,345.28 $3,514.81 $3,692.88 $3,879.57 $4,076.16 $82,791.02 $105,980.16 39.8034 50.9520 Administrative Manager 18 $3,691.93 $3,876.53 $4,070.34 $4,273.87 $4,487.56 $4,711.94 $95,990.18 $122,510.44 46.1491 58.8993 Non-Exempt Bi-Weekly Pay Schedule

TITLE RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP A STEP F STEP A STEP F Utility Technician 23 1,445.31$ 1,517.57$ 1,593.45$ 1,673.12$ 1,756.79$ 1,844.63$ $37,578.06 $47,960.38 18.0664 23.0579 Animal Shelter Service Worker 23 1,445.31$ 1,517.57$ 1,593.45$ 1,673.12$ 1,756.79$ 1,844.63$ $37,578.06 $47,960.38 18.0664 23.0579 Animal Control Officer 25 1,518.47$ 1,594.40$ 1,674.12$ 1,757.83$ 1,845.72$ 1,938.00$ $39,480.22 $50,388.00 18.9809 24.2250 Facilities Maintenance Technician I 25 1,518.47$ 1,594.40$ 1,674.12$ 1,757.83$ 1,845.72$ 1,938.00$ $39,480.22 $50,388.00 18.9809 24.2250 Mechanic I 26 1,556.43$ 1,634.25$ 1,715.96$ 1,801.77$ 1,891.85$ 1,986.45$ $40,467.18 $51,647.70 19.4554 24.8306 Street Maintenance Technician I - GF 26 1,556.43$ 1,634.25$ 1,715.96$ 1,801.77$ 1,891.85$ 1,986.45$ $40,467.18 $51,647.70 19.4554 24.8306 Street Maintenance Technician I - HSR 26 1,556.43$ 1,634.25$ 1,715.96$ 1,801.77$ 1,891.85$ 1,986.45$ $40,467.18 $51,647.70 19.4554 24.8306 Water Operator-In-Training 26 1,556.43$ 1,634.25$ 1,715.96$ 1,801.77$ 1,891.85$ 1,986.45$ $40,467.18 $51,647.70 19.4554 24.8306 WWTP Operator-In-Training 27 1,595.34$ 1,675.11$ 1,758.86$ 1,846.79$ 1,939.13$ 2,036.10$ $41,478.84 $52,938.60 19.9418 25.4513 Street Sweeper Operator I 27 1,595.34$ 1,675.11$ 1,758.86$ 1,846.79$ 1,939.13$ 2,036.10$ $41,478.84 $52,938.60 19.9418 25.4513 Animal Control Lead 27 1,595.34$ 1,675.11$ 1,758.86$ 1,846.79$ 1,939.13$ 2,036.10$ $41,478.84 $52,938.60 19.9418 25.4513 Street Maintenance Technician II 28 1,635.23$ 1,716.99$ 1,802.83$ 1,892.99$ 1,987.63$ 2,087.01$ $42,515.98 $54,262.26 20.4404 26.0876 Billing and Collections Specialist I 29 1,676.11$ 1,759.92$ 1,847.90$ 1,940.31$ 2,037.32$ 2,139.19$ $43,578.86 $55,618.94 20.9514 26.7399 Mechanic II 29 1,676.11$ 1,759.92$ 1,847.90$ 1,940.31$ 2,037.32$ 2,139.19$ $43,578.86 $55,618.94 20.9514 26.7399 Administrative Assistant I 29 1,676.11$ 1,759.92$ 1,847.90$ 1,940.31$ 2,037.32$ 2,139.19$ $43,578.86 $55,618.94 20.9514 26.7399 Facilities Maintenance Technician II 29 1,676.11$ 1,759.92$ 1,847.90$ 1,940.31$ 2,037.32$ 2,139.19$ $43,578.86 $55,618.94 20.9514 26.7399 Sanitation Worker I 29 1,676.11$ 1,759.92$ 1,847.90$ 1,940.31$ 2,037.32$ 2,139.19$ $43,578.86 $55,618.94 20.9514 26.7399 Transit Bus Driver 29 1,676.11$ 1,759.92$ 1,847.90$ 1,940.31$ 2,037.32$ 2,139.19$ $43,578.86 $55,618.94 20.9514 26.7399 Wastewater Collections Specialist I 30 1,718.01$ 1,803.91$ 1,894.11$ 1,988.84$ 2,088.25$ 2,192.66$ $44,668.26 $57,009.16 21.4751 27.4083 Water Operator I 30 1,718.01$ 1,803.91$ 1,894.11$ 1,988.84$ 2,088.25$ 2,192.66$ $44,668.26 $57,009.16 21.4751 27.4083 Administrative Assistant II 31 1,760.97$ 1,849.01$ 1,941.47$ 2,038.55$ 2,140.46$ 2,247.48$ $45,785.22 $58,434.48 22.0121 28.0935 Wastewater Plant Operator I 31 1,760.97$ 1,849.01$ 1,941.47$ 2,038.55$ 2,140.46$ 2,247.48$ $45,785.22 $58,434.48 22.0121 28.0935 Sanitation Worker II 31 1,760.97$ 1,849.01$ 1,941.47$ 2,038.55$ 2,140.46$ 2,247.48$ $45,785.22 $58,434.48 22.0121 28.0935 Mechanic Lead 31 1,760.97$ 1,849.01$ 1,941.47$ 2,038.55$ 2,140.46$ 2,247.48$ $45,785.22 $58,434.48 22.0121 28.0935 Facilities Lead 31 1,760.97$ 1,849.01$ 1,941.47$ 2,038.55$ 2,140.46$ 2,247.48$ $45,785.22 $58,434.48 22.0121 28.0935 Payroll/AP Specialist 32 1,804.98$ 1,895.23$ 1,989.99$ 2,089.50$ 2,193.97$ 2,303.67$ $46,929.48 $59,895.42 22.5623 28.7959 Executive Assistant I 33 1,850.11$ 1,942.61$ 2,039.74$ 2,141.73$ 2,248.82$ 2,361.25$ $48,102.86 $61,392.50 23.1264 29.5156 Billing and Collections Specialist II 34 1,896.36$ 1,991.18$ 2,090.74$ 2,195.27$ 2,305.04$ 2,420.28$ $49,305.36 $62,927.28 23.7045 30.2535 Water Operator II 34 1,896.36$ 1,991.18$ 2,090.74$ 2,195.27$ 2,305.04$ 2,420.28$ $49,305.36 $62,927.28 23.7045 30.2535 Wastewater Plant Operator II 36 1,992.36$ 2,091.97$ 2,196.57$ 2,306.40$ 2,421.72$ 2,542.79$ $51,801.36 $66,112.54 24.9045 31.7849 Human Resources Analyst I 37 2,042.16$ 2,144.27$ 2,251.50$ 2,364.07$ 2,482.27$ 2,606.37$ $53,096.16 $67,765.62 25.5270 32.5796 Sanitation Supervisor 37 2,042.16$ 2,144.27$ 2,251.50$ 2,364.07$ 2,482.27$ 2,606.37$ $53,096.16 $67,765.62 25.5270 32.5796 Streets Supervisor 37 2,042.16$ 2,144.27$ 2,251.50$ 2,364.07$ 2,482.27$ 2,606.37$ $53,096.16 $67,765.62 25.5270 32.5796 Transit Coordinator 37 1,718.01$ 1,803.91$ 1,894.11$ 1,988.84$ 2,088.25$ 2,192.66$ $44,668.26 $57,009.16 21.4751 27.4083 Staff Accountant 38 2,093.22$ 2,197.88$ 2,307.78$ 2,423.16$ 2,544.33$ 2,671.54$ $54,423.72 $69,460.04 26.1653 33.3943 Water Operator III 38 2,093.22$ 2,197.88$ 2,307.78$ 2,423.16$ 2,544.33$ 2,671.54$ $54,423.72 $69,460.04 26.1653 33.3943 Building Inspector I 40 2,199.18$ 2,309.15$ 2,424.58$ 2,545.83$ 2,673.12$ 2,806.78$ $57,178.68 $72,976.28 27.4898 35.0848 Code Compliance Officer I 40 2,199.18$ 2,309.15$ 2,424.58$ 2,545.83$ 2,673.12$ 2,806.78$ $57,178.68 $72,976.28 27.4898 35.0848 Assistant Planner 41 2,254.16$ 2,366.87$ 2,485.21$ 2,609.47$ 2,739.94$ 2,876.94$ $58,608.16 $74,800.44 28.1770 35.9618 Billing and Collections Supervisor 43 2,368.29$ 2,486.70$ 2,611.03$ 2,741.59$ 2,878.66$ 3,022.61$ $61,575.54 $78,587.86 29.6036 37.7826 Code Compliance Officer II 43 2,368.29$ 2,486.70$ 2,611.03$ 2,741.59$ 2,878.66$ 3,022.61$ $61,575.54 $78,587.86 29.6036 37.7826 Building Inspector II 43 2,368.29$ 2,486.70$ 2,611.03$ 2,741.59$ 2,878.66$ 3,022.61$ $61,575.54 $78,587.86 29.6036 37.7826 GIS Specialist 43 2,368.29$ 2,486.70$ 2,611.03$ 2,741.59$ 2,878.66$ 3,022.61$ $61,575.54 $78,587.86 29.6036 37.7826 Wastewater Plant Operator III 43 2,368.29$ 2,486.70$ 2,611.03$ 2,741.59$ 2,878.66$ 3,022.61$ $61,575.54 $78,587.86 29.6036 37.7826 Associate Planner 44 2,427.48$ 2,548.87$ 2,676.31$ 2,810.13$ 2,950.64$ 3,098.17$ $63,114.48 $80,552.42 30.3435 38.7271 Water Supervisor 44 2,427.48$ 2,548.87$ 2,676.31$ 2,810.13$ 2,950.64$ 3,098.17$ $63,114.48 $80,552.42 30.3435 38.7271 Accounting Supervisor 44 2,427.48$ 2,548.87$ 2,676.31$ 2,810.13$ 2,950.64$ 3,098.17$ $63,114.48 $80,552.42 30.3435 38.7271 Information Technology & Marketing Specialist 46 2,550.40$ 2,677.91$ 2,811.82$ 2,952.41$ 3,100.02$ 3,255.04$ $66,310.40 $84,631.04 31.8800 40.6880 Wastewater Supervisor 46 2,550.40$ 2,677.91$ 2,811.82$ 2,952.41$ 3,100.02$ 3,255.04$ $66,310.40 $84,631.04 31.8800 40.6880 Accounting Supervisor 46 2,550.40$ 2,677.91$ 2,811.82$ 2,952.41$ 3,100.02$ 3,255.04$ $66,310.40 $84,631.04 31.8800 40.6880 Police Non-Exempt Bi-Weekly Pay Schedule
Police Cadet PT Hourly 25.5000 25.5000
Community Services Officer 30 1,786.73$ 1,876.07$ 1,969.87$ 2,068.39$ 2,171.78$ 2,280.37$ $46,454.98 $59,289.62 22.3341 28.5046 Police Records Clerk 33 1,924.11$ 2,020.31$ 2,121.33$ 2,227.40$ 2,338.77$ 2,455.70$ $50,026.86 $63,848.20 24.0514 30.6963 Police Dispatcher 36 2,072.05$ 2,175.65$ 2,284.43$ 2,398.66$ 2,518.59$ 2,644.50$ $53,873.30 $68,757.00 25.9006 33.0563 Senior Police Dispatcher 40 2,287.15$ 2,401.52$ 2,521.56$ 2,647.66$ 2,780.04$ 2,919.05$ $59,465.90 $75,895.30 28.5894 36.4881 Police Officer 44 2,524.58$ 2,650.82$ 2,783.36$ 2,922.54$ 3,068.67$ 3,222.10$ $65,639.08 $83,774.60 31.5573 40.2763 Police Support Services Manager 44 2,524.58$ 2,650.82$ 2,783.36$ 2,922.54$ 3,068.67$ 3,222.10$ $65,639.08 $83,774.60 31.5573 40.2763 Senior Police Officer 47 2,718.70$ 2,854.64$ 2,997.36$ 3,147.23$ 3,304.60$ 3,469.85$ $70,686.20 $90,216.10 33.9838 43.3731 Police Sergeant 54 3,231.73$ 3,393.28$ 3,562.97$ 3,741.10$ 3,928.16$ 4,124.56$ $84,024.98 $107,238.56 40.3966 51.5570

ANNUAL PAY HOURLY RATE

HOURLY RATE ANNUAL PAY

ANNUAL PAY HOURLY RATE

ELECTED OFFICIALS - MONTHLY

MINIMUM MAXIMUM
$191,065
$94,053.44
$104,573.69
$133,465.47 $162,347.25
$104,573.69 $133,465.47
$104,573.69 $133,465.47

CITY OF WASCO

POSITION & SALARY RANGE LIST
EFFECTIVE 07/01/2024 - 06/30/2025

DIRECTOR - ANNUAL
$104,573.69
$94,053.44 $120,038.66
$120,038.66
$133,465.47
$133,465.47
$100,000.00 $130,000.00
EXHIBIT "A"
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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Nancy Vera, Human Resources Manager

DATE: July 2, 2024

SUBJECT: Adopt a Resolution Approving the Proposed Memorandum of Understanding Agreement between the Wasco Police Officers Association (WPOA) and the City of Wasco.

Recommendation:

Staff recommends the City Council:
1) Staff recommends the City Council a dopt a Resolution Approving the Proposed Memorandum of Understanding Agreement between the Wasco Police Officers Association (WPOA) and the City of Wasco, and;

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

The Wasco Police Department employees submitted for the Wasco Police Officers’ Association (WPOA) to be executively re cognized during the February 6, 2024, regular scheduled City Council meeting. Following the recognition of the WPOA, the WPOA and the City of Wasco began negotiating a fair agreement late in February 2024.

The WPOA and the City of Wasco agreed to enter i nto a two (2) year contract with the City of Wasco between July 1, 2024 through June 30, 2026. Notable items within the contract are the agreed COLA increase of 4% of employee’s base wages effective July 1st, 2024, and July 1, 2025. Clarification to the Bilingual Pay, POST Certificate, Education,

STAFF REPORT
City of Wasco

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and other pay incentives. Along with details on the recognition of holidays and the compensation for said holidays.

In addition to the WPOA covered employees, the same benefit provisions are extended to Police Department employees outside of the barging unit who are not on an employment contract.

Fiscal Impact:

The total fiscal cost for the Memorandum of Understanding Agreement is currently accounted for in the adopted Operating Budget for fiscal year 2024 – 2025.

Attachments:

1. Resolution

2. Proposed Memorandum of Understanding Agreement between WPOA and the City of Wasco.
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RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING THE PROPOSED

MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN THE WASCO POLICE OFFICERS ASSOCIATION (WPOA) AND THE CITY OF WASCO.

WHEREAS, the Wasco Police Department employees submitted for the Wasco Police Officers’ Association (WPOA) to be executively recognized during the February 6th, 2024 regular scheduled City Council meeting; and
WHEREAS, all terms of the proposed Memorandum of Understanding have been agreed upon by all parties involved; covering a period of July 1, 2024, through June 30, 2026; and WHEREAS, the City of Wasco’s designated labor negotiators have successfully worked, over the past f ive months, with the WPOA representatives to negotiate in good faith the proposed Memorandum of Understanding; and
WHEREAS, the WPOA representatives and members have voted to tentatively accept the proposed Memorandum of Understanding on April 18th, 2024, subject to final approval, corrections, and legal verbiage acceptable to the WPOA, City Manager , and the City Attorney; and
WHEREAS, the City of Wasco will provide the same benefits will be extended to Police Department employees outside of the barging unit, not on an employment contract.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wasco,

SECTION 1: The City Council hereby approves , subject to final approval, corrections, and legal verbiage acceptable to the WPOA, City Manager or Designee, and the City Attorney, the proposed Memorandum of Understanding between the City of Wasco and WPOA, a copy of which is attached as Exhibit “A.”

SECTION 2: Authorizes the City Manager or D esignee to endorse and implement the Memorandum of Understanding and file said contract with WPOA and the City Clerk.

-o0o-

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I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 2, 2024, by the following vote:

COUNCIL MEMBERS: GARCIA, MEDINA, MARTINEZ, REYNA, SALDAÑA AYES: NONE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

__________________________________

ALEXANDRO GARCIA
MAYOR of City the Wasco

Attest: _______________

__________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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EXHIBIT “A”

City of Wasco/WPOA MOU 2024 – 2026 (Final Clean Draft 6-27) Page 1

Memorandum of Understanding
Between
The City of Wasco
And
Wasco Police Officers Association
(WPOA),

July 1, 2024 thru June 30, 2026

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Section 1.

PREAMBLE

The Memorandum of Understanding is entered into by the City of Wasco, hereinafter referred to as the City of Wasco" or "City"; and the Wasco Police Officers Association, hereinafter referred to as the "WPOA", pursuant to the Meyers-Milias-Brown Act, Government Code Section 3500-3510. It has as its purpose of harmonious relations between the City of Wasco, its employees and the WPOA; the strengthening of the merit system; the establishment of an equitable and peaceful establishment of rates of pay, hours of work and other terms and conditions of employment of all Police Department Employees; excluding management, mid - management, confidential and safety personnel, who hereby constitute the bargaining unit.

TERM OF MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding shall be for a period of two years commencing July 1, 2024 and expiring June 30, 2026.

Section 2.

RECOGNITION

Pursuant to the applicable State Law and in accordance with all applicable statutory provisions, the City of Wasco hereby recognizes the Wasco Police Officers Association (WPOA) as the certified majority representative of the employees in each of the above representation units. The term “employee” or “employees” as used herein shall refer only to employees employed by the city (excluding temporary or extra help). The City of Wasco recognizes the WPOA as the bargaining agent for the purposes of establishing salaries, wages, hours and other terms and conditions of employment for all employees within the bargaining unit as set forth in the Preamble above.

Section 3.

DEFINITIONS

In the administration and interpretation of this Memorandum of Understanding, the definitions in the Personnel Policies Manual and rules and regulations for the City of Wasco (“Personnel Policies”) shall apply, except where they are in conflict with an express written definition contained in this Memorandum of Understanding, in which case this Memorandum of Understanding controls. It is also further understood that the City of Wasco retains the right to rename and revise its current Personnel Policies Manual to a Human Resources Policy and Procedure Manual.

Section 4.

RENEWAL

The City of Wasco and the WPOA agree that, throughout the term of this Memorandum of Understanding, except as otherwise provided for herein, each party waives the right and each agrees that the other party waives the right and each agrees that the other party shall not be obligated to meet and confer with respect to any subject or matter pertaining to or covered by this Memorandum of Understanding, except as to the meeting and conferring over the renewal or continuation of this Memorandum of Understanding.
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The City of Wasco and the WPOA agree that this Memorandum of Understanding shall not be binding upon the parties either in whole, or in part, unless and until ratified by the WPOA and formally approved by a majority vote of the City Council. This Memorandum of Understanding shall remain in full force and effect from July 1, 2024 through June 30, 2026. Either party may serve written notice to meet and confer concerning possible changes in the provision of this Memorandum of Understanding. Such notice shall be submitted in writing at least sixty days prior to the termination date of this Memorandum of Understanding. It is the intent of the parties to conduct negotiations in such a manner as to reach a new Memorandum of Understanding on or before the termination date of this Memorandum of Understanding.

The WPOA agrees to provide its initial proposal at the first negotiating session.

It is further agreed that nothing in this Memorandum of Understanding shall in any way diminish the rights of the employees, the City of Wasco, or the WPOA as established by the Meyers- Milias-Brown Act of the State of California and all amendments thereto, except as herein provided.

Section 5.

ASSOCIATION R

ESPRESENTATION RIGHTS

The City of Wasco agrees that the WPOA representatives will be granted those rights specially conferred by legislation such as the Meyers-Milias-Brown Act.

The WPOA and their officially designated representatives will have the first 5-working days from the date an eligible new hire(s) begins employment with the City to provide a maximum of thirty (30) minutes to make a presentation to all new employees. Reasonable access will be provided to officers of the WPOA and their officially designated representatives to meet with employee at their work locations for processing membership or contacting members of the City concerning business within the scope of representation. The WPOA shall identify in writing a point of contact that shall be responsible for receiving a copy of the all staff email which identifies the department, position and a photo of the new eligible employee. Information shall be provided via email by the City Human Resources Department to the WPOA President or their appointed designee on the new hire’s first day. The WPOA reserves the right to distribute materials (e.g. the MOU, a membership application, a list of Board Memebers) at the new employee orientation. The City shall approve release time to the WPOA President or their appointed designee who will be conducting the Association presentation. The WPOA agrees to give the City copies of materials to be used in the session, which shall include, but not limited to, this Agreement, an Association membership application, a list of Board Members prepared by the Association showing their departments and/or work areas and telephone numbers. Access shall be restricted so as not to interfere with the normal operations of any department or with established safety or security requirements.

Section 6.

GRIEVANCE

Employees will utilize the Grievance Procedures as outlined in the City of Wasco, Wasco Police Department Policy Manual.

Section 7.

ASSOCIATION B

ARGAINING COMMITTEE

The Bargaining Committee of the Association will include a maximum of four (4) members, including 114 of 132
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Association staff members.

There will be no discrimination against an employee because of his duties as an Association official, representatives, steward or committee member.

The Association agrees to provide the City Manager with a list of Association officers and representatives who are authorized to meet and confer in good faith. The Association shall also provide the above officials with a list of all authorized staff representatives. In addition, the Association shall provide a list of Board Members who can post materials on behalf of the Association. These lists shall be kept current by the Association.

Section 8.

NON-D

ISCRIMINATION

The provisions of this Memorandum shall be applied equally to all employees covered hereby without discrimination because of race, color, sex, age and marital status (except as provided by law), disability, national origin, religious affiliation, sexual orientation, or Association membership or non- membership.

Section 9.

HEALTH AND SAFETY

The Association agrees to support without qualification the City’s safety program and will encourage its members to attend safety courses.

Both the City and the Association recognize the need and will strive to reduce the number of industrial injuries among the employees.

Section 10.

HEALTH CARE

The City agrees to continue the Health, Dental and A.D.&D. insurance plans to employees and dependents during the term of this Memorandum of Understanding unless the costs for such benefits increase by more than seven (7) percent in any one year; then the City shall not be responsible for said additional costs. Both Parties agree to meet and confer for the sole purpose of negotiations issued related to the Health, Dental and A.D.&D. benefits if a seven (7) percent increase in any one year is reached.

Even if there is not an increase above seven (7) percent in any one year, the City reserves the right to shop Health, Dental and A.D.&D. plans as long as the level of benefits are substantially maintained to the present level of benefits.

Retired employees who are at least 62 years of age shall be able to pay their own insurance premium through COBRA (premium cost plus 2% administrative fees) for up to eighteen months and Cal-COBRA up to age 65. Premiums for Cal-COBRA will be determined at time of eligibility.

WAIVER OF MEDICAL INSURANCE

Full Time employees who are enrolled in an alternate insurance plan may waive (relinquish) enrollment in the City of Wasco Health Insurance Plan by providing proof of comparable coverage and receive a $100 per month stipend. The City shall pay the waiver of insurance stipend to employees who decline 115 of 132
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participation in the City’s medical, vision, and dental insurance plan. The stipend is to be paid $50.00 per pay period for the first two pay periods of the month. Proof of other insurance coverage is required.

Retired employees are excluded.

Section 11.

WAGES

1. Retroactive to the bi-weekly payroll period in which July 1 st, 2024 is contained, all employees
covered by this bargaining agreement shall receive a COLA increase of 4% of employee’s base wages.

2. In the bi-weekly payroll period in which July 1
st, 2025 is contained, all employees covered by this
bargaining agreement shall receive a COLA increase of 4% of employee’s base wages.

Supervisor Compensation

Base salary of supervisory positions shall be no less than 5% above the salary range of the highest paid position under his/her direct supervision as listed in the job description for each specific position title. The reporting relationship must be to the primary supervisor.

Bilingual Pay

1. Employees who have been designated by the City (Department) Directors, or an authorized representative, and regularly utilize bilingual skills in their position as a departmental translator for the City shall receive $65 per month for oral only communicators and $108 per month for oral and written communicators. Payment may be pensionable; the City would comply with CCR sections 571(b) for classic members and section 571.1(a) for PEPRA members for reporting.

2. Employees shall be required to demonstrate fluency in the language and the language skill necessary for the job as set forth below.

3. Testing in the capacity of either “Oral Only Communication” or “Oral and Written Communication” shall be done through the City’s authorized agent, Bakersfield College, and at the expense of the Employee seeking said certification.

4. If an employee has a certificate already on file with the City prior to the ratification of this agreement, the certification submitted shall be acceptable to the City for qualification purposes.

5. The City has approved for the following departments to qualify for bilingual pay:

a. Police Department

6. The City shall determine the language(s) in which bilingual pay is needed depending on the changing demographics of the City.

Longevity Pay Program

During the term of this MOU, an employee, who reaches an anniversary date for longevity pay; shall receive such pay effective the next pay period nearest his or her anniversary date. Such increases in pay shall only begin during a new pay period. Such longevity pay shall occur in the following increments:

A. Regular full-time employees who have completed 3 years (6,240 hours) of continuous City 116 of 132
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service shall receive .5% longevity pay on base hourly wages.

B. Regular full-time employees who have completed 5 years (10,400 hours) of continuous City service shall receive 1% longevity pay on base hourly wages.

C. Regular full-time employees who have completed 10 years (20,800 hours) of continuous City service shall receive 2% longevity pay on base hourly wages.

D. Regular full-time employees who have completed 15 years (31,200 hours) of continuous City service shall receive 3% longevity pay on base hourly wages.

E. Regular full-time employees who have completed 20 years (41,600 hours) of continuous City service shall receive an additional 4% longevity pay on base hourly wages.

F. Regular full-time employees who have completed 25 years (52,000 hours) or more of continuous City service shall receive an additional 5% longevity pay on base hourly wages.

G. All hours indicated above are exclusive of overtime or any other time not included as “regular” hours worked.

POST Certificate Incentive Program

Sworn Police Officers, Dispatchers and Records Tech are eligible for the following incentives:

1. Intermediate POST Certificate – $240 monthly

2. Advanced POST Certificate – additional $120 monthly

3. Supervisory POST Certificate – additional $120 monthly

Education I
ncentive Program

All employees covered by this MOU are eligible for the following incentive:

Proposed POST hiring requirements may require Associates Degree, or another minimum educational requirement. When the law is effective, this provision may be modified or removed to reflect the then current law.

1. Associate degree – $180.00 Monthly

2. Bachelor’s degree – additional $60.00 monthly, total of $240.00 monthly

Field Training Officer (FTO) and Communications Training Officer (CTO)

An FTO and CTO, as defined below, shall receive special assignment compensation of 5% of base salary.

Special pay is effective for the duration of the actual trainee assignment for each full or partial pay period.

1. Field Training Officer (FTO) (must be active POST certified and designated as such by the department)

2. Communications Training Officer (CTO) (must be designated as such by the department)

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Special Assignment Pay

From time to time, the Chief of Police may ask for volunteers or assign special assignments. Unless specifically designated by the Chief of Police, these assignments are completed without additional incentive pay.

• Detective
• School Resource Officer (SRO)
• Gang Officer
• Any other position as determined by the Chief of Police

Rangemaster Specialist Duty

Members who are certified and active in the position of Range Master shall receive an additional $300.00 per month.

Section 12.

MAINTENANCE OF BENEFITS

The City of Wasco and the WPOA agree that all benefits provided by ordinances or resolutions, which are in existence at the commencement of this Memorandum of Understanding, shall not be diminished, lessened, or reduced for the duration of this Memorandum of Understanding, unless mutually agreed to by the parties or unless said benefit increases in costs of more than seven (7) percent in any one year, then the City of Wasco is only required to maintain such benefit at the cost level of the previous year.

The City has agreed to maintain, and guarantee the Benefit Card (or its substitute) amount for the term of this agreement and at the level of benefit granted in the final year of the previous agreement. The WPOA agrees to call the negotiating team together if, in any January following ratification of this MOU, the contract for medical care changes in any manner which may negatively affect the Benefit Card (or its substitute) amount. The City and WPOA agree to negotiate in good faith over the changes to resolve any financial impact to either the City or the WPOA members. A vote of the members will be necessary at the completion of negotiations to confirm the WPOA’s position.

Section 13.

HOURS AND OVER
TIME

(A) Standard Work Periods
The standard workday for regular full-time employees shall be twelve (12) hours and the standard workweek shall be forty hours worked in fourteen-day consecutive workdays. The workday and workweek for part-time employees shall be established and directed by the Department Head.

(B) Exceptions to Standard Work Period
The Department Heads are hereby authorized to designate other work periods and working hours for employees when, in his/her opinion, the best interest of the City may be served by such adjustment of the standard work periods and hours.

(C) Overtime and Compensatory Time
Overtime shall be worked only at the request of the Department Head. Regular employees required to 118 of 132
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work in excess of eight hours in a day or in excess of twelve (12) hours in a week shall, at the option of the employee, be compensated in cash or compensatory time off at a rate of time and one-half. To the extent that any excess work performed by the employee would have resulted in an overtime entitlement greater than time and one half, the employee’s cash or compensatory time compensation shall reflect that greater entitlement. Work schedules may be changed by mutual Memorandum of Understanding or unilaterally by the City due to the need to cut costs, to reflect work hours in excess of twelve (12) hours within a day without overtime premium being required, (i.e., four- 10 hours days or 9/80 schedule) and overtime compensation shall be computed at the 40- hour workweek.

Compensatory time accumulation shall be limited to a maximum of one hundred and twenty (120) hours.

Once 120 hours of compensatory time is accumulated, the option to accrue additional compensatory time ends and overtime must be taken.

The City Manager shall have the authority, but not required, to authorize overtime for special events, regardless if the designated employee might not otherwise be entitled to overtime pay. As an example, these events may include City-wide events such as parades, festivals, car shows, and the like.

(D) Rest Break – Non-Sworn Police Staff
Rest breaks of fifteen (15) minutes for each four (4) consecutive hours worked shall be provided for non- sworn Police Staff. Employees whose assigned workday is more than four (4) hours and less than twelve (12) hours shall receive two (2) fifteen-minute rest breaks. Breaks shall be scheduled as near the mid- point of each work period as possible. Employees whose assigned workday is twelve (12) hours shall receive three (3) fifteen-minute rest breaks. Breaks shall be scheduled as near the mid-point of each 4- hour work period as possible. Dispatch staff will be take rest breaks as allowed by call traffic and availability of relief personnel.

(E) Call Back
When an employee is required to return to work following the completion of his normal workday, the employee shall receive a minimum of three (3) hours pay at the overtime rate.

(F) Stand-by Duty
Employees MUST be so assigned to stand-by duty by their department head or designee and shall be compensated and governed by the following:

1. Compensation shall be at the rate of 6% of base salary on such stand-by duty and shall be paid at the same time as scheduled for the pay period in which the stand-by duty was performed.

2. Be ready and take steps immediately to respond within a reasonable time to calls for their services.

3. Be readily reachable by telephone or paging device

4. Remain within a specified distance or time from their work stations; and

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

6. Employees compensation shall, when called to active duty while on stand-by duty status, be compensated for such active duty at the applicable rate of pay. Work time for employees called active duty while on stand-by status shall begin at the time of notification to report to a job site and shall continue until the employee completes work. A minimum of two (2) hours at the appropriate rate shall be paid in those cases when an employee on stand-by status is required to report to a job site.

7. No employee or other qualified person shall be paid for stand-by duty time and other compensable duty time simultaneously.

(G) Shift Differential
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A. An employee shall receive additional compensation at the rate of 6% of base salary for all hours worked on a shift when the majority of hours worked on the graveyard shift between 6:00 p.m. and midnight and midnight to 6:00 a.m.

(H) Court Standby / Court Appearance
A. Court Standby Pay Employees placed on standby at a time they are not working shall receive two (2) hours pay at time and one-half for the morning session (0800-1200) and, if placed on stand by the afternoon, two (2) additional hours pay at time and one-half for the afternoon session (1300- 1700).

B. Court Appearance Pay Employees called to court from court standby shall receive four (4) hours pay or actual court time, whichever is greater, at time and one-half. Court pay is not in addition to standby pay, if any.

C. Employees called to court shall receive four (4) hours pay or actual court time, whichever is greater, at time and one-half.

Section 14.

SICK

As described in the City’s Personnel Policy Manual.

The City shall continue the Sick Time Donation as outlined in Exhibit “C”, complete policy as described in the City’s Personnel Policy Manual.

VACATION

As described in the City’s Personnel Policy Manual. With the addition of accrued vacation time may be used for illness of family members that does not otherwise qualify for sick leave usage or for personal sick leave when sick leave has been exhausted.

VACATION PAYOUT

Prior to the first pay period of October, or October 1st, whichever is later, the City will generate a log of all employees who have 160 hours of vacation or over on the books. Those employees will be able to request a draw against vacation in the form of a maximum 40 hours, to be paid out during the first pay period of December of that given year. Only those employees who have 160 hours or more accrued on the books at the time of the generation of the log will be eligible for the vacation payout. Employees who qualify for this program will receive a memo indicating how many hours the eligible employee has available to pay out. The memo shall contain an area to be filled out by the employee which contains the number of hours, from the number of eligible hours, the employee wishes to pay out, and the employee must sign and return the memo no later than the end of the business day on the third Thursday of October of any given year to allow for processing time prior to the first pay period of December. The City will assume any memo not returned by the due date indicates the employee has chosen not to take any eligible vacation time as a payout. Payout check will be processed as a separate check from that of the regular scheduled biweekly payroll checks.

Employees shall not lose any hours if they end the calendar year with 160 hours or more assuming the vacation max has not been reached. Vacation maximum will be equivalent to 3-Years of the employee 120 of 132
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current annual accrual rate.

LACTATION ACCOMMODATION
California Labor Code Section 1030-1034. 1030. Every employer, including the state and any political subdivision, shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee's infant child. The City shall continue the Lactation Accommodation as outlined in Exhibit “B”,

Section 15.

PERFECT ATTENDANCE PROGRAM

The City shall provide the perfect attendance program as outlined in Exhibit “A” for the fiscal years covered in this MOU.

HOL IDAY SCHEDULE

(a) The following days are City of Wasco recognized Holidays:

New Year’s Eve Veterans Day
New Year’s Day Thanksgiving Day
President’s Day Day after Thanksgiving Day
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day Two Floating Holidays (see section below)

(b) For regular, full-time employees working 12-hour schedules, in lieu of all City recognized holidays, employees shall be paid 6.00 hours per regular pay period at their straight time base hourly rate. The parties agree that to the extent permitted by law, the compensation in this section is special compensation for those employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) holiday pay. a. In-Lieu Holiday pay will not be paid to employees on any type of unpaid leave for that entire pay period.

(c) For regular, full-time employees working other than 12-hour schedules, employees shall be paid at their straight time base hourly rate the number of scheduled hours for that day. For example, employees on a 8/10 schedule will receive 8 hours pay; employees on a 9/80 schedule will receive 9 hours pay, except on the 8-hour “Friday on”.
a. Holidays falling within an approved scheduled vacation will be recorded as holiday pay. b. All permanent part-time employees who work twenty (20) or more hours per week are eligible for holidays pay at one-half (1/2) the rate of permanent full-time employees. c. Floating Holidays – Each employee in the general employee unit, who is employed by the City of Wasco as of July 1st of each fiscal year, shall be eligible for two (2) floating holidays of their choice. Floating holidays must have prior department approval and shall be consistent with the efficient operation of the affected department and its activities. d. Holidays will not be paid to employees on any type of unpaid leave. e. A separating employee must be present at work on his or her last scheduled day prior to the holiday and the first scheduled day after the holiday to receive holiday pay.

Section 16.
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TUITION REIMBURSEMENT.

As described in the City’s Personnel Policy Manual.

JURY DUTY

Updates to City’s Personnel Policy Manuel 10.10 Jury Duty and Court Leave as described.

A. Purpose
The City considers jury duty to be an important civic responsibility. Having loyal, conscientious, honest citizens serving on our juries is a basic and essential element of our American system of justice.

Therefore, it shall be the policy of the City to encourage jury service by its employees.

B. Scope
This policy applies to all regular full-time employees called to jury duty.

C. Policy
An employee who is summoned to serve on a jury must notify his/her supervisor or Department Head as soon as possible after receiving notice of both possible and actual jury service in order to receive time off for the period of actual service required.

Regular full-time employees and employees in their probationary period called to jury duty are eligible for their regular rate of pay for time spent in performing jury duty. Part Time employees shall be paid for their regular scheduled hours and Part Time employees required to serve on a jury must report to work before and after jury duty provided there is an opportunity for at least one (1) hour of work-time. If any payment for jury service is accepted, the employee shall submit the warrant or its equivalent minus any expenses (e.g. mileage, parking, etc.) to payroll. An employee called to jury duty on his/her regular day off shall not be compensated. The employees required to serve on a jury must report to work before and after jury duty provided there is an opportunity for at least one (1) hour of actual work-time. The employee must report to work on any day, or part of a day, when excused from going to court. If the employee does not report to court or to the workplace for any reason, the time will be considered unauthorized leave without pay, and the employee may be subject to disciplinary action.

Evidence of jury duty attendance must be presented to the employee’s supervisor by attaching the Court's approved record of jury service to the corresponding time report. This record is necessary to authorize any pay. Failure to produce such records will result in unexcused leave. In those circumstances, an employee may be required to take leave without pay or use accrued vacation.

An employee who is requested to appear by subpoena as a witness in court or to respond to an official order from a governmental jurisdiction regarding an event or transaction which he/she perceived or investigated in the course of his/her City job duties shall be granted a leave of absence with pay from his/her assigned duties. Employees summoned to serve on a jury shall be granted a leave of absence without pay to perform the duties of a member of the grand jury. The employee shall remit all fees received for such appearances to the City within three (3) days from the date any fee is received by the employee. Compensation for mileage or a travel allowance shall not be considered as a fee and shall be retained by the employee.

In those instances where a City employee is subpoenaed to appear in court in a matter unrelated to his/her City job duties or because of civil or administrative proceedings that he/she initiated, the employee will not receive compensation for time spent related to those proceedings. An employee may request to receive time off without pay, or may use accrued vacation for time 122 of 132
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spent related to those proceedings. The time spent in these proceedings is not considered work time.

MILITARY LEAVE

The California Military and Veterans Code section 395.01 and any future changes regarding the Military & Veterans Code Section 395.01 will be followed. The California Military and Veterans Code section 395.01 which currently provides in part as follows. "Any public employee who is on temporary military leave of absence and who has been in the service of the public agency from which the leave is taken for a period of not less than one year immediately prior to the day on which the absence begins shall be entitled to receive his salary or compensation as such public employee for the first 30 calendar days of any such absence. Pay for such purposes shall not exceed 30 days in any one fiscal year. For the purposes of this section in determining the one year of public agency service, all service of said public employee in the recognized military service shall be counted as public agency service."

UNIFORMS AN

D SAFETY TOE SHOES ALLOWANCE

Whenever the City of Wasco requires uniforms and/or protective clothing to be worn, such uniforms and/or protective clothing shall be provided and maintained by the City. Employees are to be furnished one clean uniform for each regular shift. Required uniforms shall be worn in a neat and orderly fashion.

Employee shall wear the required uniform unless specific prior approval is obtained from the supervisor.

The City of Wasco will allow for a one-time uniform reimbursement for new hires up to $2,000.00 for Sworn WPOA members and $800.00 for Non-Sworn WPOA Members.

The City of Wasco shall establish an annual uniform allowance of $1,140 for Sworn WPOA members and $960 for Non-Sworn WPOA Members, paid monthly.

If applicable, the allowance will be reported and the employment taxes will be withheld.

City issued uniforms are to be worn only during working hours or official events. Employees must recognize when wearing a City uniform or clothing with a city logo, they are recognized as representing the City of Wasco. Employees must refrain from acting inappropriately while wearing a uniform and City apparel containing a City logo.

Section 18.

DIRECTOR / M

ID-MANAGEMENT / CONFIDENTIAL EMPLOYEES GROUP

The following positions have been formally designated as the City’s Police Director / Mid-Management / Confidential Employees group and subsequently not included as part of the bargaining unit:

A. Chief of Police
B. Police Lieutenant
C. Police Support Services Manager

The Personnel Officer may update the titling for the Director / Mid-Management / Confidential Employees group without the need for a meet and confer.

Section 19.

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ASSOCIATION R ESPONSIBILITY

During the term of this Memorandum of Understanding, the Association agrees that it will not engage in, encourage, or approve any strike, slowdown or other work stoppage growing out of any dispute relating to the terms of this Memorandum of Understanding, agreeing with the City that all matters of controversy within the scope of the memorandum of understanding shall be settled by established grievance procedures.

Section 20.

MANAGEMENT RIGHTS

The City of Wasco retains, among other management rights, the exclusive right to determine the methods, means, and personnel by which City government operations are to be conducted, as well as to exercise complete control and discretion over its organization, operations, and technology of performing its work; to determine the mission, function and necessity of all or part of each of its constituent departments, boards and commissions and take all necessary actions to carry out their mission, functions and necessity, or any part thereof, as well as set standards of service, and the service levels, to the public.

It also retains the sole right to administer the Compensation and Position classification systems, to classify or reclassify positions, add or delete positions or classes to or from the Salary Range; to establish standards for employment, promotion, and transfer of employees; to direct its employees, establish rules and regulations, take disciplinary action for proper cause, to establish work schedules and work assignments, transfer work out of the unit, and to relieve its employees from duty for lack of work or other legitimate reasons. The City retains the right to be the sole judge, subject to its Policies and Procedures and the Municipal Code, of the qualification and competence of its officers and employees.

Section 21.

EMPLOYEE R
IGHTS

Employees of the City shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation of all matters of employee relations.

Employees shall also have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced, unduly influenced or discriminated against because of his/her exercise of these rights.

Management employees shall not represent non-management employees on matters within the scope of representation. Confidential employees shall not represent non-confidential employees on matters within the scope of representation. This provision does not otherwise limit the right of confidential employees to be members in employee organizations of their choice.

Employees' rights and obligations regarding use of the City's computers and computing resources are governed by the City's Acceptable Use Policy. The parties agree that occasional and incidental use of City computing resources for Association business is allowable within the parameters of the Acceptable Use Policy, so long as such use does not interfere with the performance of work duties, the effective delivery of services, result in any cost to the City, or unduly compromise the security of City systems.

Section 22.

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PERSONNEL POLICIES

All adopted Personnel Rules and Regulations, Employer/Employee Relations Policy, Injury and Illness Prevention Program, and Drug and Alcohol-Free Workplace Policy are incorporated by reference to this MOU.

Section 23.

RETIREMENT
Retirement Formula – Public Safety Member Formula
Safety Members (and not “new members” as defined by the public employees’ Pension Reform Act of 2013 – PEPRA) hired prior to December 31, 2012 are covered by the 2% @ 55 formula provided for by the Public Employees’ Retirement Law at Government Code Section 21362.2. These employees’ retirement will be calculated pursuant to the optional benefit (in the City’s contract with CalPERS) of single highest twelve-month period.

Safety Members who are defined as “new members” under the PEPRA, are covered by the 2% @ 57 formula provided for by PEPRA at Government Code Section 7522.25(d). These employees’ retirement will be calculated per three-year average final compensation as provided for by the PEPRA.

To compensate for the lack of a 3% formula for Public Safety Members, the City provides an IRS 457(b) deferred compensation contribution equal to 8.4% of base pay in addition to the CalPERS plan.

Retirement Formula - Miscellaneous Member Formula
Miscellaneous Members (and not “new members” as defined by the public employees’ Pension Reform Act of 2013 – PEPRA) hired prior to December 17, 2011 are covered by the 3% @ 60 formula provided for the Public Employees’ Retirement System (PERS) contract for miscellaneous employees.

Miscellaneous Members (and not “new members” as defined by the public employees’ Pension Reform Act of 2013 – PEPRA) hired prior to December 31, 2012 are covered by the 2.5% @ 55 formula provided for the Public Employees’ Retirement System (PERS) contract for miscellaneous employees. These employees’ retirement will be calculated pursuant to the optional benefit (in the City’s contract with CalPERS) of single highest twelve-month period.

Effective January 1, 2013, the Public Employees’ Retirement System (PERS) contract was amended to provide the 2% @ 62 retirement benefit for “new members” as defined under the PEPRA for miscellaneous employees. Employees shall pay 50% of the normal cost of the 2% @ 62 benefit, as determined by CalPERS. These employees’ retirement will be calculated per three-year average final compensation as provided for by the PEPRA.

Section 24.

SEVERABILITY

Should any provisions of this Memorandum of Understanding be found to be in violation of any federal or state law by a court of competent jurisdiction, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding.

END OF AGREEMENT – SIGNATURE PAGE FOLLOWS
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City of Wasco

________________________________________
M. Scott Hurlbert, City Manager

________________________________________
Charles V. Fivecoat, Chief of Police

_______________________________________
Nancy Vera, Human Resources Manager

________________________________________
Thomas F. Schroeter, City Attorney

WPOA

________________________________________
Lionel Lopez Jr.

WPOA, Association President

________________________________________
Erika Morris
WPOA, Association Vice President

________________________________________
Daniel Martines-Talavera
WPOA, Association Secretary

________________________________________
Maira A. Puente
WPOA, Association Treasurer

________________________________________
Michael D. McCoy
WPOA, Attorney

________________________________________
Tiffany Moran
WPOA, Attorney

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EXHIBIT “A”
City of
Wasco
Human Resources Policies and
Procedures

ORIGINAL DATE
06/15/10

REVISED DATE
06/05/12,8/5/2014,6/20/17

PAGE NUMBER
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SUBJECT

Perfect Attendance Program
City Council Approval
POLICY NUMBER City Manager Approval

I. Purpose

The Perfect Attendance Program was developed to provide an incentive for employees to minimize unplanned time away from work thereby promoting a reliable and efficient workforce.

II. Scope

This policy applies to all Regular full-time employees of the City of Wasco.

III. Policy
The Perfect Attendance Program (the “Program”) provides for one (1) paid vacation day (8 hours) that is available to employees that maintain a perfect attendance record. The additional vacation day will be earned in two portions, as outlined below.

1) 4 hours of vacation time will be awarded on January 1, 2018 to all employees who maintain a Perfect Attendance Record between July 1, 2017 and December 31, 2017. 4 hours of vacation time will be awarded on July 1, 2018 to all employees who maintain a Perfect Attendance Record between January 1, 2018 and June 30, 2018.

2) 4 hours of vacation time will be awarded on January 1, 2019 to all employees who maintain a Perfect Attendance Record between July 1, 2018 and December 31, 2018. 4 hours of vacation time will be awarded on July 1, 2019 to all employees who maintain a Perfect Attendance Record between January 1, 2019 and June 30, 2019.

3) 4 hours of vacation time will be awarded on January 1, 2020 to all employees who maintain a Perfect Attendance Record between July 1, 2019 and December 31, 2019. 4 hours of vacation time will be awarded on June 30, 2019 to all employees who maintain a Perfect Attendance Record between January 1, 2019 and June 30, 2019.

For the purposes of this Program, “Perfect Attendance Record” means an employee who reports to their job on time and works through their entire shift, less meal and rest breaks, every consecutive regularly scheduled workday. The following types of absences will not be counted against a Perfect Attendance Record: preapproved vacation leave, City observed holidays, bereavement leave, mandated jury duty, and leave as a result of a work-related injury. Any other absence or tardiness in reporting or returning to work will disqualify an employee under the Program.

The additional vacation day earned through this Program shall be used in accordance with and is subject to all the provisions of Section 10 of the City of Wasco Personnel Policy relating to Vacation Leave. 127 of 132
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EXHIBIT “B”

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EXHIBIT “C”
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Wasco City CouncilJuly 2, 2024

Wasco City Council
July 2, 2024