City of Los Banos City Council/Redevelopment Agency ... · Ademas, tales escrituras y los...

City of Los Banos City Council/Redevelopment Agency

Special Meeting and Adjourned Meeting Agenda Packets

Click here: Special Meeting June 25, 2010 - 12:30 PM

Click here: Adjourned Meeting June 25, 2010 - 1:00 PM

www.losbanos.org

NOTICE AND CALL OF ASPECIAL MEETING OF THE LOS BANOS

CITY COUNCIL/REDEVELOPMENT AGENCY

CITY HALL COUNCIL CHAMBERS520 J Street

Los Banos, California

JUNE 25. 2010 -12:30 PM·

Please take notice that Mayor Pro Tern Sousa hereby calls a Special Meeting of the LosBanos City Cou cil / Redev ment Agency Pursuant to Government Code Section54956.

Date

CITY COUNCIL/REDEVELOPMENT AGENCYSPECIAL MEETING AGENDA



JUNE 25, 2010

If you require special assistance to attend or participate in this meeting, please call theCity Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990.*" * * * * * * ** * * * * * * *

Si requiere asistencia especial para atender 0 participar en esta junta por favor lIame a la oficinade la Secretaria de la ciudad al (209) 827-7000 a 10 menos de 48 horas previas de la junta.

La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990.

Any writings or documents provided to a majority of the City Council/Redevelopment Agencyregarding any item on this agenda will be made available for public inspection at the meeting

and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, Californiaduring normal business hours. In addition, such writings and documents may be posted

on the City's website at www.losbanos.orq.* **************

Cualquier escritura 0 los documentos proporcionaron a una mayorfa de la City Council / RedevelopmentAgency con respecto a cualquier artfculo en este orden del dia sera hecho disponible para la

inspecci6n publica en la reuni6n y en la oficina del City Clerk del City Hall, 520 J Street, Los Banos,California durante horas de oficina normales. Ademas, tales escrituras y los documentos

pueden ser anunciados en el website de la Ciudad en www.losbanos.orq.

Los Banos City Council/Redevelopment Agency Agenda - June 25,2010 Page 1 of 2

1. CALL TO ORDER.

2. PLEDGE OF ALLEGIANCE.

12:30 PM

3. ROLL CALL: (City Council and Redevelopment Agency Board Members)

Faria _, Sousa _, Stone _, Villalta _, Jones _

4. CONSIDERATION OF APPROVAL OF AGENDA.

5. PUBLIC FORUM. (Members of the public may address the City Council /Redevelopment Agency Members on any item of public interest that is within thejurisdiction of the City Council/Redevelopment Agency; includes agenda and nonagenda items. No action will be taken on non-agenda items. Speakers are limitedto a five (5) minute presentation. Detailed guidelines are posted on the CouncilChamber informational table.)

6. CLOSED SESSION - CONFERENCE WITH LABOR NEGOTIATORS,PURSUANT TO GOVERNMENT CODE SECTION 54957.6, AGENCYDESIGNATED REPRESENTATIVES: CITY MANAGER, CITY ATTORNEY,HUMAN RESOURCES DIRECTOR, LEGAL COUNSEL TUFFO, POLICE CHIEFBRIZZEE, CITY TREASURER BRAZIL, BRENT KUHN, VAVRINEK, TRINE, DAY& CO. LLP; EMPLOYEE ORGANIZATION: LOS BANOS POLICE OFFICERSASSOCIATION, (LBPOA), LOS BANOS POLICE SERGEANTS ASSOCIATION(LBPSA), LOS BANOS POLICE DISPATCHERS/COMMUNITY SERVICESOFFICERS ASSOCIATION (LBPDCSOA).

7. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 5250- APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BE1WEENTHE CITY OF LOS BANOS AND THE LOS BANOS POLICE OFFICERSASSOCIATION (LBPOA).

Recommendation: Receive staff report and adopt the resolution as submitted.

8. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 5251- APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BE1WEENTHE CITY OF LOS BANOS AND THE LOS BANOS POLICEDISPATCHERS/COMMUNITY SERVICES OFFICERS ASSOCIATION(LBPDCSA).


9. REDEVELOPMENT AGENCY RESOLUTION NO. 2010-06 - APPROVING ANDAUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICESAGREEMENT WITH THE MERCED COUNTY ECONOMIC DEVELOPMENTCORPORATION.


Los Banos City Council/Redevelopment Agency Agenda - June 25,2010 Page 2 of3

10. ADJOURNMENT.

I hereby certify under penalty of perjury under the laws of the State of California, that the foregoinga~o~o~n board not less than 24 hours prior to the meeting.

Lucille L. Mallonee, City Clerk Dated this 24th day of June 2010

Los Banos City Council/Redevelopment Agency Agenda - June 25,2010 Page 30f3

TO:

FROM:

DATE:

Agenda Staff Report

Mayor & City Council Members

Lucy Mallonee, CMC ~City Clerk/Human Resources Director

June 25, 2010

SUBJECT: Approval of a Tentative Agreement of a Memorandum of Understanding(MOU) between the City of Los Banos and the Los Banos Police OfficersAssociation (LBPOA)

TYPE OF REPORT: Agenda Item

Recommendation:Adopt the Resolution approving the Tentative Agreement of a MOU between the City ofLos Banos and the LBPOA.

Discussion:The current MOU with the LBPOA is set to expire on June 30, 2010. The City hasbargained in good faith with the LBPOA and has reached agreement on a new MOUthrough June 30, 2011.

Attached is a resolution and the Tentative Agreement for your review and considerationof approval.

Fiscal Impact:A savings of $211 ,934 from July 1, 2010 through June 30, 2011.

Attachments:Resolution

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THECITY OF LOS BANOS APPROVING AMEMORANDUM OF UNDERSTANDING (MOU)BY AND BETWEEN THE CITY OF LOS BANOSAND THE LOS BANOS POLICE OFFICERSASSOCIATION (LBPOA)

WHEREAS, the City Council of the City of Los Banos has received a request toapprove a Memorandum of Understanding (MOU) by and between the City of LosBanos and the Los Banos Police Officers Association (LBPOA); and

WHEREAS, the Memorandum of Understand will be in effect from July 1, 2010to June 30, 2011.

NOW, THEREFORE, BE IT RESOLVED that the MOU by and between the Cityof Los Banos and the LBPOA is hereby approved as submitted as "Exhibit A"respectively.

PASSED AND ADOPTED this 25th day of June 2010, at a special meeting of theCity Council by the following vote:

AYES:NOES:ABSENT:

APPROVED:

Tommy Jones, Mayor

ATTEST:

Lucille L. Mallonee, City Clerk

1

EXHIBIT A

TENTATIVE AGREEMENT BETWEENCITY OF LOS BANOS.AND

LOS BANOS POLICE OFFICERS' ASSOCIATION

June 16, 2010

The following documen~ contains the Tentative Agreement between the parties on wages, hoursand terms and conditions ofemployment for the 2010-11 fiscal year. The salaries, hours, fringebenefits and working conditions set forth have been mutually agreed upon by the designatedbargaining representatives ofthe City ofLos Banos (hereinafter called "City") and Los BanosPolice Officers' Association (hereinafter called "LBPOA" or "Association") and will apply to allemployees covered by the Memorandum ofUnderstanding (MOD) between the City and theAs~ciation, in addition to terms and conditions imposed and adopted by CityCouncil in March2010.

The parties agree that any and all Tentative Agreements are hereby incorporated. Anyoutstanding proposals not agreed to are hereby withdrawn by the parties.

i1.

FOR THE CITY FOR ASSOCIATION

Dated: ~~ .;.:5 . c2~/a

1

TENTATIVE AGREEMENT BETWEENCITY OF LOS BANOS ANl)


TERM: One Year (July 1,2010 -:- June 30, 2011).

SALARY: 2.5% salary in:crease with corresponding employee contribution to benefits asoutlineq below.

STEP INCREASES: Freeze Step increases as ofJuly 1, 2010 (Le., no allocation ofJuly 1st stepincreases). In the event any City employee or bargaining unit is authorized to receive a" Stepincrease during the term ofthis MOU, each eligible employee represented by the Associationwill receive his or her step increase in accordance with ·Citypolicy.

OVERTIME: The.City will provide overtime compensation for all time worked in excess ofthe' employee's regularly assigned work. shift, for any time worked in excess of40 hours in aweek, and for time worked in eXcess of 171 hours, during the established Twenty-Eight (28) DayCycle. .

HE,ALTH AND CAFETERIA PLAN:

A. Medical Insurance Benefits

The City will contract with the California Public Employees Retirement ·System(CalPERS) for the purpose ofproviding employees with medical insurance benefits.

Effective July 1,2010, the City's maximum monthly contribution for each eligible active'employee for thepurchase ofmedical ~ance will be equal to the minimum. monthlyemployer contribution required under the Public Employees Medical and Hospital CareAct (pEMHCA).

B. Cafeteria Plan

The City will maintain a Cafeteria Plan, pursuant to" Section 125 ofthe Internal RevenueCode, for the purpose ofproviding employees with access to various health and welfarebenefits. Benefits available through the Cafeteria Plan include, but are not limited to,medical insurance, flexible spending aecounts for out-of-pocket medical expenses anddependent care, vision insurance, dental insurance and life insurance benefits. The Cityagrees to provide a Cafeteria Plan Allowance to all employees eligtble to participate inCity-sponsored health benefits under Section A oftills Article. Any tax consequencesresulting from City contn'butions to the Cafeteria Plan are the sole"respOosibility.oftheemployee.

. 1. For employees hired before March 17,2010, the City will provide, on a monthlybasis, a-Cafeteria Plan Allowance in the following amoWlt:a. . Up to a maximum ofthe premium for the Blue Shield HMO plan for the

employee's selected level ofcoverage (i.e., employee only, employee plus oneor employee plus family);

b. Minus the PEMHCA contribution specified in S'CCtion A;

2

TltNTATIVE AGREEMENT BETWEENCITY OF LOS BANOS AND


c. Plus the amount of the life insurance premium (for coverage up to $50,000);d. Plus up to a maximum of$72.92 per month for the employee's selected level

ofcoverage for City vision and dental plans combined;e. MinUs the equivalent of2.5% ofthe individual employee's salary.

2. The City agrees to grandfather employees enrolled in PERSCare as ofJuly 1,201O. Between July 1, 2010 and December 31,2010, .or upon the. employee'schange in healthcare Coverage due to a qualifying event (whichever occurs first),the City will provide, on a monthly basis, a Cafeteria Plan Allowance in thefollowing amount:a. Up to a maximum ofthe l'remimn for the PERSCare PPO plan for the

employee's selected level ofcoverage (i.e., employee only, employee plus one·or einployee plus family);

b. Minus the PEMHCA contribution specified in Section A;c. Plus the amount of the life insurance premium (for coverage up to $50,000);d. Plus up to a maximum of$72.92 per month for the employee's selected level

ofcoverage for City vision and dental plans combined;e. Minus the equivalent of2.5% ofthe individual employee's salary.

3. For employees hired on ~r after March 17,2010, the City will provide, on amonthlyb.asis, a Cafeteria Plan Allowance, based on the employee's level ofhealth ·care coverage as provided below, minus the equivalent of2.5% oftheindivi4ual employee's salary:

Employee Only: $566.02Employee plus ·One: $1034.83Employee plus Family: $1198.92

4. Any increase to minimum monthly employer contribution under PEMHCA willresult in a corresponding decrease in the employee's Cafeteria Plan Allowance.

5. Effective July 1,2010, the d~tal and vision program provided pursuant toResolution No. 2314 will be discontinued. Employees must submit claims.for2009-10 fiscal yearby July 30,2010 (claims must be dated June 30, 2010 orearlier). On August 5, 2010,: any remaining funds provided pursuant toResolution No. 2314 will be paid to the·employee in the fonn ofa separate check.

Starting July 1~ 2010, dental and vision plans will be available through theCafeteria Plan.

6. Employee enrolhnent in dental, vision and life insurance plans offered by the Cityis mandatory.

7. .Effective July 1, 2010, employees who opt out ofmedical plans sponsored by theCity, and who provide proofofmedical coverage in a group plan; will receive a

II

IiIII

[ .,

"TENTATIVE AGREEMENT BETWEENCITY OF LOS BANOS AND


Cafeteria Plan Allowance of$485 per month, minus an amount equivalent to2.5% ofthe employee's salary, ofwhich part must be used to ~01l in mandatorylife insurance, dental insurance and vision insurance coverage.

COMP TIME OFF: Police Officers are pennitted to accwnulate a maximum amOl.lJlt ofonehundred twenty (120) hours ofcompensatory time. Officers may cash out compensatory time inexcess offifty-six (56) hours, up to" a total ofsixty-four (64) hours maximum cash out annually,to be paid on June S1h and December 20th

• Cash out ofcompensatory time will be paid byseparate check upon request.

ADDITIONAL MOU CHANGES: Incorporate City-proposed MOD changes from March 2010. [Management Rights, Payroll Deduction, Canine Handlers! Motor Special Pay, Language CleanUp]

Payroll Deduction

The City will deduct Association membership dues and assessments. the amount to be. designatedby the Association, and any other mutually agreed upon payroll deductions from the monthly payofmember employees. The dues or other mutually agreoo payroll deductions must be authorizedinwriting by the employee on an authorization card acCeptable to the City. The City will remitthe deducted dues and other mutually aweed payroll-deduction to the Association as soon asreasonably possible after the deduction. The Association will not unreasonably r~uest payrolldedllctions,

The Association agrees to hold the City harmless and indemnify the City against any claims,causes ofaction or lawsuits arising out of the deductions or transmittal of such funds to theAssociation, except the intentional failure ofthe City to transmit ~oneys deduc.ted :fromemployees to the Association pursuant to this Artic1~.

"Canine Handlersl Police Officers: Special Pay

Police sworn personnel assigned to the position ofCanine Handler are authorized and will becompensated to work up to twenty-five (25) hours per month during their ~on-regu1arly-scheduled work hours to perform associated duties such as feeding, caring for and training a Cityprovided canine for law enforcement work. In consideration ofthe time expended to "performthese duties during the Canine Officer's non-regUlarly scheduled work hours, the City will'provide the Canine officer twenty-fiye (25) hours ofpay at the Minimum Hourly Wage requiredby law. Partial months served will be paid on a pro-rata basis.

By and through the Association, those unit memhers assigned to canine duty agree that the aboveadditional hours provided each week are reasonably necessary to provide for the care andmaintenance of the assigned canine and that these additional "hours worked" are intended tocompensate unit members assigned to canine duty for all off duty hours spent caring for andmaintaining their assigned canine, in compliance with the Fair Labor Standards Act (FLSA) andinterpretive cases and rulings.

4

..TENTATIVE AGREEMENT BETWEEN

CITY OF LOS BANOS ANDLOS BANOS POLICE OFFICERS' ASSOCIATION

The parties acknowledge that the FLSA, which governs the entitlement to compensation forcanine care and maintenance, entitles the parties to agree to a reasonable number ofhours permonth for the performance ofoffduty care and maintenance.duties.The hours derived at in thisagreement were detennined after an actual inquiry ofthe officers assigned to canine duty, asaddressed by Leever v. City ofCarson City, 360 F.3d 1014 (9th Cir. 2004.) It is the intent oftheparties through the provisions ofthis section to fully comply with the requirements ofthe FLSAIn addition, all parties believe that this section ofthe MOU does comply with the requirements oftheFLSA.

Motorcycle Incentive Pay

Police sworn personnel assigned to motorcycle duty will receive.incentive pay in the amount oftwo and one halfpercent (2.5%) ofsalary.

Motorcycle-Duty and Maintenance (Motorcycle Pay Limited to the Following)·

Police swom personnel assigned to motorcycle duty will be compensated by the MinimwnHourly Wage required by law in consideration for working up to an additional three and one half(3.5) hours each week during their non-regularly scheduled work hours to perform associatedduties such as motorcycle cleaning and maintenance. Partial months served will be paid on apro~ratabasis. Said time shall be counted as hours worked for overtime compensation purposes;this level ofcompensation is affirmed by the.bargaining unit as appropriate to meet FLSArequirements..

By and through the Association, those unit members assigned to motorcycle duty agree that theabove additional hours provided each week are reasonably necessary to provide for the cleaningand maintenance ofthe assigned motorcycle and that these additional '~ours worked" areintended to compensate unit members assigned to motorcycle duty for all offdury- hours spentcleamng and maintaining their assigned motorcycle, in compliance with the FLSA andinterpretive cases and rulings.

The parties acknowledge that the FLSA, which governs the entitlement to compensation formotorcycle cleaning and maintenance, entitles the parties to agree to a reasonable number ofhours per month for the performance ofoffduty maintenance and cleaning duties. The hoursderived at in this agreement were determined after an actual inquiry ofthe officers assigqed tomotOrcycle duty, as addressed by Leever v. City ofCarson City, 360 F.3d 1014 (9th Cir. 2004.)It is the intent of the parties through the provisions ofthis section to fully comply with the'requirements ofthe FLSA. In addition, all parties believe that this section ofthe MOU doescomply with the requirements ofthe FLSA.

5

LOS BanosAt the Crossroads of California

TO:

FROM:

DATE:

Mayor & City Council Members

Lucy Mallonee, CMC .9Jw'City Clerk/Human Resources Director

June 25, 2010

SUBJECT: Approval of a Tentative Agreement of a Memorandum of Understanding(MOU) between the City of Los Banos and the Los Banos PoliceDispatchers/Community Services Officers Association (LBPDCSOA)


Recommendation:Adopt the Resolution approving the Tentative Agreement of a MOU between the City ofLos Banos and the LBPDCSOA.

Discussion:The current MOU with the LBPDCSOA is set to expire on June 30,2010. The City hasbargained in good faith with the LBPDCSOA and has reached agreement on a newMOU through June 30, 2011.

Attached is a resolution and the Tentative Agreement for your review and considerationof approval.

Fiscal Impact:A savings of $62,136 from July 1, 2010 through June 30, 2011.

Attachments:Resolution

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THECITY OF LOS BANOS APPROVING AMEMORANDUM OF UNDERSTANDING (MOU)BY AND BETWEEN THE CITY OF LOS BANOSAND THE LOS BANOS POLICEDISPATCHERS/COMMUNITY SERVICESOFFICERS ASSOCIATION (LBPDCSOA)

WHEREAS, the City Council of the City of Los Banos has received a request toapprove a Memorandum of Understanding (MOU) by and between the City of LosBanos and the Los Banos Police Officers Association (LBPDCSOA); and

WHEREAS, the Memorandum of Understand will be in effect from July 1, 2010to June 30, 2011.

NOW, THEREFORE, BE IT RESOLVED that the MOU by and between the Cityof Los Banos and the LBPDCSOA is hereby approved as submitted as "Exhibit A"respectively.

PASSED AND ADOPTED this 25th day of June 2010, at a special meeting of theCity Council by the following vote:

AYES:NOES:ABSENT:

APPROVED:

Tommy Jones, Mayor

ATTEST:


1

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Jun 24 10 02:29p::l::l'::l-:t~'::l-q~~~

Lucy Mallt.lllWLUL;AL ;;l 1"1<I:.::iNU

12008277010t'Abl:.

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TENTATIVE AGREEMENT BETWEENCIT\' OF LOS BANOS

AND OPERA.TIr'G ENGINEERS LOCAL 3ON BEHALF OF LOS BANOS DISPATCH£RSI CSO ASSOCIATION

June 24, ZOIO

The folkrwing doeumtmt conti\.ins the Tentative Agreement between the parties on wages,hours and terms and oonditioD5 ofemployment The salaries, hours, fringe benefits andworldog conditions set forth have been 1J1lltually agreed upon by the designatedbatgainhg r;;.pn:~ntativesofti'le Ci.ty of Los }31'll'\.Qs (hereinafter called "City") ~n(l.

OperatIng Engineen Local.3 on Vi.;bB1fof Los BM('S DispatchCnl' i Comm~nlty ServicesOfficers' Ass¢cintk;n (hereir.after caned "Association) and win apply to all employees~.:er~d by th,e f~1.~n1.oraJJ-liuTiJ DfU:nder~lwl(li.;i:'i.~ {MOlT) b~~"'e0n the City Rnd t'hei\.&~atl0:n"" L.wlg~age in the ~AOU~eEU u~e parties nut Chfillgro by t\-tis T·eni~tive

Agrt:e!nelit UJiU renmL~ tu"1cl:um.ged~

FOR r.h"E CITY

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TENTATIVE AGREEMENT BETWEENCITY OF LOS BANOS

AND OPERATING ENGINEERS LOCAL 3ON BEHALF OF LOS BANOS DISPATCHERSI CSO ASSOCIA.TION

TERM: One year term (July 1,2010 - June 30, 2011).

SALARY: Starus quo

STEP INCREASES: Effective July 1, 2010~ all MeritIPerf'Onnaocc increases (includingthose scheduled to occur on Juty 1, 2010), as provided io. Section 402 ofthe City's PolicyManual, win be suspended. In the event 8Jly City employee or bargaiJting unit isauthorized to receive a Step increase dUril1g the term ofthis MOU~ each eligibleemployee represented by the Association will r:ecehte his or her step increase inaccordance with City policy.

HOLIDAYS: Employees performing twenty-four hour shift work will accme lOOholiday hours per year, at a rare often hours per month between July and ApriL.Holiday hoors must be used in the month in which they are accmed. Should 8scheduling conflict arise such that the holiday cannot be used in the month in whichac:etued. the hoIjday can be scheduled fur a later date with prior written approval of theChief or the Chief's desigoee.

PENSION - EE CONTlUBUTION: Employees will asswne the cost of the employeecontribution to ca1PERS fOl: pension (8% for 2.7% at 5S formula. 7% for 2 % at 60fonnula).

PENSION - SECOND TIER: The City will establish a second tier for pension (2% at60 formula) fa( employees hired on or after January 1, 2011. calculated on the averageof the three higbest years of reportable compensation.

HEALTB AND WELFARE BENEFITS: The City will contribute toward the Citysponsored benefit ptims L'l follows:

A. Medicalll\SUl'Wlcc Benefits

The City will contract with the California Public Employees Retirement System(CalPERS) for the pu:rpose ofproviding employees with medi<:al insurancebenefits.

Effective July 1.2010, the City's maximum monthly contribution for eacheligible active employee for the purchase ofmedical insurance will be equal to theminimum monthly employer contribution required under the Public EmployeesMedical and Hospital Care Act (PEMHCA).

B. cafeteria Plan

The City will maintain a Cafeteria Plan. pursuant to Section 125 of the Intea-nalRevenue Cod~ for the purpose ofproviding employees with access to varioushealth and. welfare benefits. Beuc£its available through the c..feteria Plan include,

66/22/2616 14:18 559-229-4825.._II .&.. r 'V ",,..L.tJp I.Vvy lV.OIIVJ It:'t::l

LOCAL 3 FRESNO1200B:2n010

PAGE 132/07

~A

3

TENTATIVE AGREEMENT BETWEENClTY OF LOS BANOS

AND OPERATING ENGINEERS LOCAl.. 3ON BEHALF OF LOS BANOS DISPATCHERS! eso ASSOCIATION

but are not limited ta~ medical insut8J1ce, flexible spending accounts fur oUl-ofpocket medical expenses and dependent care, vision insurance, dental. insuranceand life insurance benefits. The City agrees to provide a Cafeteria PI8J)Allowance to all employees eligible to participate in City-sponsored healthbenefits 1,lnder Section A ofrhis Article. Any ta~ consequences re:mlting frQmCity contributions to the Cafeteria Plan are the sole responsibiHty of theemployee.

1. FOI employees hired before October 17,2007, tbe City will provide, on amonthly basis, a. Cafeteria Plan Allowance in the fol1o?ing amount:

a. Up to a mlUtimum of the premium fur the Blue Shield HMO plan forthe C1nployee's selected level ofcoverage (i.e., employee only,employee plus one or employee plus family);

b. Minus the PEMHCA contribution specified in Section A;c. Plus the amount of the Ufe insurance premiwn (for eoverage up to

$50,000);d. Plus the employee's (and dependents, ifappJicable) deotallllnd vision

plan premiums. up to 8. maxhnum ofS72.92 per month;e. Minus the equivalent of2.5% ofllie individual employee's salary.

2. POl' employees hired on or after October 17, 2007, the City will provide, on amonthly hasis, a Cafeteria. Plan Allowance, based on the etnployee's level ofhealth care <:overage, minus the equivalent of 2.5% ofthe individualemployee's salary:

Employee Only: $566.02Employee plus One: SI034.83Employee plus .Family: $1198.92

The above amounts will be increased by up to 10% of any annual increase tomedical premiums.

3, Effcct:jvc July 1, 2010, the dental and vision program pmvided purStlBot toResolution No. 2314 will be discontinued. Employees must submit claims roT2009-10 fiscal year by July 30, 2010 (claims must be dates June 30,2010 orearlier). On August S, 2010, any remaining funds provided pursuant toResolution No. 2314 will be paid to the employee in the Conn ofa separatecheck. Dental and vision plans will be available tlnvugh the Cafeteria Plan.

4. Any increase to minimum monthly employer coetrihution under PEMHCA .will result in a corresponding decrease io the employee's Cafeteria Plan ~..-.,Allowance. Yc,/'

~

06/22/2010 14:18 559-229-4825oJUII £.. IV UL.JUp LUOY Mallonee

LOCAL 3 FRESNO

120913277010PAGE 03/07

p.5

TENTATrvE AGREEMENT BETWEENCITY OF LOS BANOS

AND OPERATING ENGINEERS LOCAL 3ON BEHALF OF LOS BANOS DISPATCHERSI CSO ASSOCIAnON

5. Employee enrollment in dental. vision and life insurance plans offered by theCity is mandatoI)'.

6. Effective July 1, 2010. employees who opt out ofmedical plans sponsored bythe City, and who provide proofofmedical coverage in a group plan, willreceive a Cafeteria Plan Allowance ofS485 per m.onth, min'l.ls an amountequivalent to 2.5% of the employee's salary, ofwhich part must be used toenroll in mandatory life insurance, dental insurance and vision UJ9W'aDCe

coverage. Proof ofalternate group coverage will be provided annuallyduring open enrollment.

COMPENSATORY TIME OFF BA~K: Employees will be permitted to accumuhu:eup to -eighty (80) houfs ofCompensatory time. Employees may cash out COmpensatorytime in excess ofsixteen (16) hours up to a total ofsixty-four (64) hours maximum cashIn .out annuaUy to be paid on June 5 and December 20th. Cash out may be by separatecheck upon request.

WORK SCHEDULE: The 4x10 work schedule jn effect as ofJune 23, 2010 willremain in force. The schedule ma.y be changed by management durillg the tenn of theagreement, subject to providin.g the Association the opportunity to mec( and confer Overthe schedule change, in accordance with the Meyers Milias Brown Act.

CALL BACK PAY: Employees who 8t'e required to report to work during their assignedoffduty hours wilJ be entitled to receive a minimum OffOUT (4) hours CaD Out OvertimeCompensatioo even jfthe actUal time worked is less than four (4) hours; except in thefoUowing instances:

A. In the event the off duty time being worked. extends into or begin iJnrncdiatelyfonowing the employee.~ assigned shi~ he/she will be entitled to overtitnecompensation for only the actunl offduty houtS worked.

B. In the event the off duty time being worked is in response to a special assignmentmutually &gI:'eed upon between the employee and the City, th.e employee will beentitled b;) Qvertime cornpensatioJJ for only the actual hours worked.

C- Employees will be entitled to recejve the four (4) hours Call Back Overtime Payonly one (I) time during my twenty-four- (24) hour period. A twenty-fouf- (24)hour pedod, :for the purpose oftbis benefit, will be collsidered as OOOJ hours·2400 hDurs. Essentially, an employee could be called out several times dUring agiven twenty-four-hOUfperiod and wouldon1y~,,"C four (4) hourscompensation ifthe total houn worked were four (4) or less. Cooyersel.y, iftl1etotal hours worked exceed four (4), the employee woulc be compensated for theaetual bout'S w01'ked.

4

The express purpose of Call Back Pay is to compensate employees who havetheir normal off duty hours disrupted due to unscheduled call backs, courtappearances, and other such job demands. In the event of a disagreement overentitlement to four (4) hour call back pay, the stated intent of this benefit will bethe guiding factor in resolving disputes.

EDUCATION INCENTIVE ALLOWANCE - NO CHANGEIn accordance with the City's Educational Incentive Policy, City of Los Banos PolicyManual Division 5-G, qualified employees shall be entitled to receive EducationalIncentive pay as follows:

$75 per month for an AAJAS Degree, or$150 per month for a BA/BS Degree, or$200 per month for a Masters Degree

TUITION REIMBURSEMENT - NO CHANGEThe City shall provide reimbursement for schools, tuition, and specific expenses inaccordance with the guidelines set forth in the City of Los Banos TuitionReimbursement Policy; refer to City of Los Banos Policy Manual.

MOU LANGUAGE CHANGES: The following changes to the MOU will apply:

• MANAGEMENT RIGHTS:

It is understood and agreed that the City retains all of its powers and authority todirect, manage, and control operations to the full extent of the law. The exercise ofthe foregoing powers, rights, authority, duties, and responsibilities of the City; theadoption of policies, rules, regulations, and practices in furtherance thereof; and theuse ofjudgment and discretion in connection therewith, will be limited only by theterms of this Agreement, to the extent such specific and express terms are inconformance with law.

• SECTION V - RECOGNITION:

A. NO CHANGE

B. Payroll Deduction: The City will deduct Association membership dues, the amountto be designated by the Association, and any other mutually agreed upon payrolldeductions from the monthly pay of member employees. The dues or other mutuallyagreed payroll deductions must be authorized in writing by the employee on anauthorization card acceptable to the City. The City will remit the deducted dues andother mutually agreed payroll deduction to the Association as soon as reasonablypossible after the deduction. The Association will not unreasonably request payrolldeductions. The Union agrees to hold the City harmless and indemnify the City

5

06/22/2010 14:18 559-229-4825Jun :.!4 10 UL:~P LUCY Mallonee

LUI,;AL ;j ~ t<1:.~NU

12098277010

TENTATIVEAGREEMENTBE~EN

CITY OF LOS BANOSAND OPERAT~G ENGINEERS LOCAL 3

ON BEHALF OF LOS BANOS DISPATCHERS! eso ASSOCIATION

against any claims. causes ofaction or lawsuits arisinlLout of the deductions ortransmittal ofsuch funds to the Union, c=xceot the intentional failllte of the City totransmit moneys deducted from emplgyees to the Union Pursuant to this Article.

c. AEry seerieR iB tffle MOU that MefS te "in aeeefdaAee with lite City sf Les Ba995:Peliey" that the peliees Fe€eB'e6"5 BRl these pelieies that B:1'e It'l. effeElt at 'lie ~Hle efthe l'al=ifieatiee Bfthie MOy' .'1cBy eftBRge5 19 peUeies eeBeeeg 5eetieQS in theeHl'J'Mt MOl} 'l/~\i6:lifyfer the meet-..EI eeBfeF pFeees9: During the t=m of thisAgreement the City and the Union agree 10 meet and confer over changes to the CityofLos Benos nersonnel policies affecting wages. hours and renns and conditions ofemploynt.ent.

• SECTION VI - BENEFITS Langua.ge CleaD'"l1p as fonows (NO CHANGE TOSTATUS QUO). Replace the current language of Section VI(E)(2) with mefollowing:

F. Retiree Medical:

The City will. provide access to medical insurance coverage for those employees whoretifC from employment with the City lU'I.d who constitute "annuitants" as d€n.ned bythePEMHCA.

The Cityts maximum monthly contribution for each cligjble annuitant will be equal tothe minimum employer cOl:ltribunon required under tbe PEMHCA, referred to above.The provisions of the PEMHCA will govern medical insurance cover.age forannuit8J.1ts..

G. Retiree Loo$evity Pay

1. Employees hired before October I, 2002 and whot at the lime ofretirement, constitute an "annuitan~as defined by the PEMHCA,,Yill receive the following:

a. From the date of retirement and W1til such time \he retireebecomes eligible for Medicare, the City will contribute~am.ount equal to the health premium fot the employee'Selected health care plan and level ofcoverage, less theCity's minimutJI monthly ernployer con.t.Ti.bution underPEMHCA.

b. Upon attaining Medicare eligibility, the City win contributean amount equal to the premium cost f"01" the supplement~l

Medicare plan offet:ed by CalPERS~ less the amount oftheCity's minlmuro monthly employer CQntritrotion underPEMHCA.

6

..06/22/2010 14:18 559-229-4825

~h.1n 24 10 02:30p Ll.lr.:y tJIl'1l1n~

LOCAL 3 1't<t.t>NU'2098277010

t-'A\j~ tl::l/tll

p.8


AND OPERATtNC ENGINEERS .LOCAL 3ON BEHALF OF LOS BANOS DISPATCHERS! eso ASSOCIATION

c. Employees will not be entitled to City payments duringempl(lymcnt.

2. Employees hired between October 1,2002 and October 16, 2007and who, at the time ofrctircment, constitule an "annuitantH asdefined by the PEMHCA, will receive the following:

a. From the date ofretiranent and until sucb time tha.t theretiree becomes eligible fer Medicare, the City willcontribute on amoWlt to cover fifty percent (50%) of theHMO plan for employees with ten (10) years of service,plus an ac:1ditional fivcpercent (5%) oithe cost of the HMOplan for each additional year ofservice beyond ten (10)years, up to one-hundred percent (100%) of the HMO planaftet:' twenty (20) yean; of service, less the amount oftheCity's minimum monthly employer contribution underPEMHCA.

b. Upon attaining Medicare eligibility, t'be City's contribu.tionwill equs11he cost of fifty pel'amt (5oalw) of thesupplemental Medicare plan offered by CalPERS fot'~mploy-ees wit~ ten (10) years ofservicer plus ~~ adcliticnclfive percent (5%) of the C-05t of llte supplemental Medica.."epian offered by CarPERS for each additional y~ ofser;;ic~beyond ten (10) rJlrst up to cne-hillldIT~1 p~re.~'1t

(1~4;) of the supplerrtental Medicare pi~~ ~ffered. byDIPERe ufter tvventy (20) yurn of§eTVlce1 l~s tL-;e illnOlit\Lofthe City's miR~wnmonthly wtployer contributionunder PEMHCA.

c.

L

EmoloveeR wi.11 not be entitled to Cit'-!, !1~ sn.ccifle.d 3:!hr1 c. _dllt..ng~ernplGym~t. . - - - '" - r) (

( '\ J'tlt//""Health Savings Account '- , ,J

v/

H.

cmplCY~$ ~(5n~;ibtJt~ t;;} ~~~;~, CfE. s~ tfr-i;.-d.cf~~~ cd b-a~~i m.GU~:/ to hclp ~ythe cost ofhcaltbcare on.ce an indivi:dual retires. The Healt.1. Savings Planmay be \.!Sed fCor health.rehrted expenses as provided I.md~ too terms of th{;

7C\l.

06/22/2010 14:18

Jull 24 10 02:31p

5~':I-:l:l';l-4tl:l~

Luoy MGllonee

LlJI..,;AL .j ,.. Kt.bNU

12098277010 p.9

t:lb/t:lf


AND OPERATING ENGINEERS LOCAL 3ON BEHALF OF LOS BANOS DISPATCHERS! C80 ASSOCIATION

i. Starting after an employee has successfully completecJ hisor her initiw probationary period, the City will con.lribute$50 per month tc the employee~s Health Savings Plan~ccou.nt. Likewise the employee will contribute S50 permonth to his or her Health Savings- Film account.

11. During an CI;Ilployee's initial hire probationary period withrll.~ CitY;1 neither the en:\jjloyee nOT the City will contrl.~tltc

to t:~e e.rn.piO~lee'5Health S~~vings Plan aCCC'.L'1t. Uponsur;t.e~S~.l1 am1pl€'lion of~e i.rlit;$I1 hirl1: PT(1)RtjO"Rryperiod. the City wilt ctJrrtribute a lump Sli."O uf$SO ~t

month for tmch month served in tbt;: ero.ptp)'\--"'C's initialnmhatlo'illr'V ncri.od.J,., .• - of" ..

~:'-L tjr~n c-~~-r;:;;)TI.of ~n~plt1)m~t ·;litb tb~ {::i~·1 me C:ity \;~nJ

cense c-ontrH:'fi.••~t:i~)!5 to t.ile ;!1di~lidt1aPs Health Savings Plan!"\!;-C'!)\.mt. Empli)}ref:e '\?iHlohave riC "~reRted right in oliguir~

City R$~lth S~.\;i!;"':;gs Pln11 coutnOvu;tiOr'd.

TO:

FROM:

DATE:

Agenda Staff Report

Mayor &City Council Members

Lucy Mallonee, CMC~City Clerk/Human Resources Director

June 25, 2010

SUBJECT: Approval of a Tentative Agreement of a Memorandum of Understanding(MOU) between the City of Los Banos and the Los Banos PoliceDispatchers/Community Services Officers Association (LBPDCSOA)


This item is still being processed and will be distributed to you as soon as the tentativeagreement is executed.

If you have any questions, please do not hesitate to contact me at 827-7000 ext 112 orby email [email protected].

LOS BanosAt the Crossroads of CalUtJrHia

June 25, 2010

TO:

FROM:

DATE:

Agenda Staff Report

Chairman & Redevelopment Agency Members

Elaine Post, RDA Director

0fSUBJECT: MCEDCO Contract Renewal

TYPE OF REPORT:

Recommendation:

Agenda Item

Staff is recommending the Redevelopment Agency approve Resolution ,Renewal of the MCEDCO contract and allow the Executive Director/City Manager toenter into a professional services agreement with the Merced County EconomicDevelopment Corporation (MCEDCO). Cost of this year's contract is the same as lastyear's at $20,399.

Background:

The Los Banos Redevelopment Agency has a professional agreement with the MercedCounty Economic Development Corporation (MCEDCO), which is reviewed andrenewed annually. This report presents services provided by MCEDCO and presentsMCEDCO's current status as facilitator of a $1.2 million grant that will be sharedbetween Merced College, the City of Merced and Los Banos to provide a localInnovation Place Network business incubator in downtown Los Banos. In additionMCEDCO staff members are currently working to secure an $800,000 HUD grant for thecity's Innovation Place Network project as well as USDA funds.

MCEDCO is headed by a CEO that is a Certified Economic Developer with expertknowledge in the areas of:

• Business Retention and Expansion

• Strategic Planning• Marketing/Attraction• Technology-led Economic Development• Real Estate Development and Reuse• Economic Development Finance/Credit Analysis• Workforce Development• Neighborhood Development Strategies• Management Economic Development Organizations• Entrepreneurial and Small Business Development Strategies

Certified Economic Developers, like anyone in a professional field, must acquire severalyears of experience and education in order to become certified. Requirements forcertification include completing a graduate program in economic development, five ormore consecutive years experience in an economic development field, taking allrequired certification classes either through the International Economic DevelopmentCouncil or an accredited college, and at least 16 hours of professional development inthe area of economic development.

It should be noted if this contract is not renewed, the Los Banos RedevelopmentAgency will have to forfeit its participation in the $1.2 million grant, HUD and USDAgrants.

Discussion:

1. MCEDCO has been on contract with the City Redevelopment Agency since2000.

2. Economic Development Corporations (EDC's) are regional offices located ineach of the counties throughout the State of California. Today's site consultantsrepresent a number of companies looking to expand or relocate nationwide.When looking for new sites, these consultants look first to the statewideeconomic development corporations, in our case the Central California EconomicDevelopment Corporation (CCEDC), which in tum connects them to the regionalrepresentative, MCEDCO. MCEDCO then makes contact with the Los BanosRDA. Contracting with MCEDCO allows the city to be on site consultant listswhen viewing regional areas for relocation.

3. MCEDCO staff are in Los Banos two days a week and available to assist localbusinesses with business plans, business consulting, assistance in findingfunding, and other such economic development assistance. In addition,contracting with this service provides an additional staff of three to promote andassist with economic development in Los Banos.

4. MCEDCO contracts with business agencies that also provide counseling,financial, site selection, business plans and strategies, and other economicdevelopment services at the local MCEDCO office.

Direct Services of MCEDCO's contract include:

• Seek and Obtain Grants for City/Agency Economic Activities

o MCEDCO has provided the City with EDA and USDA grants for feasibilitystudies and planning for future economic growth.

• Provide Technical Assistance to the RDA regarding economic developmenttrends and best practices

o MCEDCO is always available to provide training and consulting to staff aswell as work with clients in Los Banos on a one to one basis with up-todate economic practices

• Assist with prospective businesses in analyzing and structuring transactions asrequested by the Contractor

o This is a common practice with MCEDCO and local business clients. Fromassisting with business plans to suggestions for financial assistance,MCEDCO staff members are invaluable to the RDA's economic programs.

• Making Business Contactsl Generate and Respond to Business Leads

o MCEDCO staff members attend CCEDC conferences on a regular basisand promote Merced County and Los Banos as a hub for growth.Business trips to other cities are also always accompanied with visits tosite consultants, again on the behalf of the County of Merced and LosBanos. While many out of state businesses may not fly to California tolook at Los Banos alone, they are very responsive to visiting all cities inMerced County as well as those cities in outlying county areas.

In addition staff members meet with local businesses promoting MCEDCOand RDAlEconomic Development services and report to RDAadministration when businesses need assistance.

• Conduct Business Outreach and Retention

o MCEDCO hosts workshops, oversees the City's Small Business LoanProgram to assist local small businesses, and is always available toprovide consulting services for local businesses seeking assistance forsustainability or to expand.

• Represent and participate on the City's behalf in the CCEDC and CalBIS(California Business Investment Services)

•

o As members of both organizations, MCEDCO represents Los Banos andMerced County at functions hosted by these economic developmentorganizations.

• Market the City and Agency/ Provide Target Marketing in Special Needs Areas

o MCEDCO has a regional website which promotes the City of Los Banosas well as other cities in Merced County. In addition additional marketingis done throughout the county, state and at out-of-state trade shows andconferences.

• Maintain up-to-date Economic Information and Data for City/Agency use

o MCEDCO provides information to the RDA and potential business clientson a regular basis and on an as-needed basis. When site selectors arelooking for properties MCEDCO is usually the first contact and sites,prices, and names of contact are presented to clients that are compatiblewith Los Banos and its land offerings.

• Conduct Informational Forums Locallyo Annually MCEDCO presents at least one informational forum and in many

cases two forums are held in Los Banos for area businesses. At therequest of the RDA more forums can be provided.

Comprehensive Regional Economic Development Strategy

The Scope of Services proposed in this agreement implements a comprehensiveregional economic development strategy as approved by the City and outlined in the2008 Economic Development Strategy for the City of Los Banos. The professionalservices agreement says that MCEDCO will primarily undertake regional leadgeneration activities to supplement and assist the City achieve its economicdevelopment objectives. In addition, MCEDCO may participate, at the request of theCity/Agency, with specific projects or programs to advance or respond to economicdevelopment initiatives. This past year this has included several one on one meetingswith local businesses looking for business counseling service or business planassistance; loan assistance; relocation assistance; or technical advice. For a full detailof MCEDCO's services to the Agency, please refer to "Scope of Services" attached tothis report as Exhibit A.

Fiscal Impact:

The Redevelopment Agency has budgeted in its Technical Services line item $20,399 tocover the cost of the MCEDCO Contract.

Reviewed by:

Steve Rath, City Manager

Attachments:Program SummaryMCEDCO ContractExhibit AResolution

MCEDCO Program Summary

Collaborate with cities and county; avoid duplication and leverage resources to encourage wealth generation andprosperity emanating from new business investment and employment.

Talk to more business, more often in more places.

Business Outreach

• Local (retention, expansion, efficiencies): Collaborative, referrals, direct

• External (recruitment): Missions, Trade Shows, Events; CCEDC, brokers/consultants

• Entrepreneur/Start Ups: Innovation Place Network (Incubator), Alliance SBDC, Local FinancialInstitutions and service Companies

Positioning to Compete

• Strategic Initiatives: Comprehensive Eco. Dev. Strategy (CEDS) for cities and county of Merced; CEDS forsan Joaquin Valley; Eco. Dev. District (EDD) for san JoaqUin Valley;

• capacity Building: Technical assistance, Awareness, Team building, Uaison.

• Infrastructure: Shovel Ready, Existing facilities, Utilities/services, Resource inventory

• Target Sectors: Alt. energy, logistics, instrumentation/enabling, "linkages", food processing,commercialize innovation, small business/entrepreneurs (SBE's)

Projects

1. Innovation Place Network (New Business Incubators - Los Banos and Merced)

2. Small Business Counseling - Collaborative with Alliance SBOC (offices in Los Banos and Merced); CDBGFunded activity (RLF) in Los Banos; CDBG (OTC) pending in Atwater.

3. Retention and Expansion - (Access to capital, programs, strategic planning)

4. Rural Business Enterprise Grant (RBEG) - counseling and technical assistance; Year 2009-10: Dos Palos,Gustine and Los Banos; NEW applications - one for Atwater/Livingston; second for Planada/Le Grand.

5. Atwater Business Park - Follow up and next steps from EDA funded multi-jurisdictional project;predevelopment and utilities planning; precursor to annexation.

6. Rural Communities Development Initiative (RCDI) - Appeal of USDA Decision. Plan for 2010·11. capacitybuilding, technical training, enhanced services, resource development.

7. Alternative Energy (Projects in process related to Biomass/Biofuels, Solar, Fuel cells)

8. One Voice - Strategic alliances to secure state/federal support (USDA, HUD, SBA & EDA)

9. Missions - External outreach to business, brokers and site location consultants (CCEDC)

10. Lead management (existing projects, opportunities)

MCEDCO Program Summary

Collaborate with cities and county; avoid duplication and leverage resources to encourage wealth generation andprosperity emanating from new business investment and employment.

Talk to more business, more often in more places.

Business Outreach

• Local (retention, expansion, efficiencies): Collaborative, referrals, direct

• External (recruitment): Missions, Trade Shows, Events; CCEDC, brokers/consultants

• Entrepreneur/Start Ups: Innovation Place Network (Incubator), Alliance SBDC, Local FinancialInstitutions and Service Companies

Positioning to Compete

• Strategic Initiatives: Comprehensive Eco. Dev. Strategy (CEDS) for cities and county of Merced; CEDS forsan Joaquin Valley; Eco. Dev. District (EDD) for san joaquin Valley;

• capacity Building: Technical assistance, Awareness, Team building, Liaison.

• Infrastructure: Shovel Ready, Existing facilities, Utilities/services, Resource inventory

• Target Sectors: Alt. energy, logistics, instrumentation/enabling, "linkages", food processing,commercialize innovation, small business/entrepreneurs (SBE's)

projects

1. Innovation Place Network (New Business Incubators - Los Banos and Merced)

2. Small Business Counseling - Collaborative with Alliance SBDC (offices in Los Banos and Merced); CDBGFunded activity (RLF) in Los Banos; CDBG (OTC) pending in Atwater.

3. Retention and Expansion - (Access to capital, programs, strategic planning)

4. Rural Business Enterprise Grant (RBEG) - counseling and technical assistance; Year 2009-10 : Dos Palos,Gustine and Los Banos; NEW applications - one for Atwater/liVingston; second for Planada/Le Grand.

5. Atwater Business Park - Follow up and next steps from EDA funded multi-jurisdictional project;predevelopment and utilities planning; precursor to annexation.

6. Rural Communities Development Initiative (RCDI) - Appeal of USDA Decision. Plan for 2010-11. capacitybuilding, technical training, enhanced services, resource development.

7. Alternative Energy (Projects in process related to Biomass/Biofuels, Solar, Fuel cells)

8. One Voice - Strategic alliances to secure state/federal support (USDA, HUD, SBA & EDA)

9. Missions - External outreach to business, brokers and site location consultants (CCEDC)

10. Lead management (existing projects, opportunities)

AGREEMENT FOR PROFESSIONAL SERVICES BETWEENTHE REDEVELOPMENT AGENCY OF THE CITY OF LOS BANOS

("AGENCY") AND THE MERCED COUNTY ECONOMICDEVELOPMENT CORPORATION ("MCEDCO")

THIS AGREEMENT is made and entered into this 1st day of July 2010, by and between

the cm OF LOS BANOS REDEVELOPMENT AGENCY, a municipal Corporation (herein referred to

as "Agency") and the Merced County Economic Development Corporation, a nonprofit mutual

benefit corporation (herein referred to as "Contractor" or "MCEDCO").

WHEREAS, the Agency has determined that economic development activities are vital to

the welfare of the community; and

WHEREAS, the Contractor represents that it possesses the professional skills and

experience to provide economic development services on behalf of the Agency.

NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants

hereinafter recited, hereby agree as follows:

1. SCOPE OF SERVICES. The Contractor shall furnish the following services:

Contractor shall prOVide the services described in "Exhibit A" attached hereto and

incorporated herein by this reference. All services prOVided by the Contractor are to be

coordinated with the Agency and results of the services prOVided by the Contractor shall

be monitored by the RDA Executive Director or his or her designee. However, the

methods, details, and means by which the services are performed shall be the sole

responsibility of the Contractor.

In providing the services pursuant to this Agreement, MCEDCO shall not

discriminate against any business or prOVider of services within the Agency, such as

realtors, title companies, architects, engineers, and construction contractors, etc.,

regardless of whether or not such provider of services is an investor in MCEDCO.

MCEDCO shall not make any oral or written statement that would discourage a

reasonable person from taking or pursuing any type of contractual relationship with any

business or prOVider of services, nor shall MCEDCO solely recommend businesses, which

are investors in MCEDCO.

2. TIME OF PERFORMANCE. All of the work outlined in the Scope of Services shall

be performed between July 1, 2010, and June 30, 2011.

3. COMPENSATION. The Agency shall pay MCEDCO $20,399.00 for services to be

performed as listed in Attachment A under this Agreement, due upon execution of this

agreement.

4. Grant Management may be undertaken by MCEDCO on behalf of the Agency.

Funds paid to MCEDCO related to grant management and related services shall be

derived from the grant proceeds. The Agency may advance funds to facilitate programs

in recognition that grant proceeds are generally reimbursements.

S. RECORDS AND REPORTS. It is understood and agreed that all records, files,

reports, documents, and materials, including those in an electronic format retained by

the Contractor relating to the matters covered by this Agreement shall be made

available to the Agency, at any reasonable time for inspection, copying, and use.

MCEDCO shall submit concise, detailed reports to the Agency concerning its

activities and services.

MCEDCO agrees to make and maintain full and complete financial records

pertaining to the expenditure of all funds paid to MCEDCO. Agency may inspect such

records upon 30-day notice to MCEDCO at the MCEDCO office. MCEDCO shall provide

not less than quarterly reports to the Agency detailing actual cash receipts from private

sector contributors.

MCEDCO shall contract for an audit by an independent auditor, to be performed

according to generally acceptable auditing standards at the direction of the MCEDCO

Executive Committee. The Agency may request an audit at any time. It being

understood that MCEDCO is responsible for administering the project, MCEDCO agrees to

accept responsibility for receiving, replying to and/or complying with any audit

exceptions directly related to the provisions of this Contract.

6. INDEMNITY. It is expressly understood that the Contractor is an independent

contractor and that its employees shall not be employees of or have any contractual

relationship with the RDA without prior written approval.

Contractor shall indemnify, defend, save and hold the Agency harmless from any

and all claims or causes of action for death or injury to persons, or damage to property

resulting from intentional or negligent acts, errors, or omissions of Contractor or

Contractor's employees during performance of this Agreement.

Contractor shall be responsible for the payment of all taxes, workers'

compensation insurance and unemployment insurance.

7. ASSIGNABILITY OF CONTRACT. It is understood and agreed that this Agreement

contemplates personal performance by the Contractor and is based upon a

determination of its unique personal competence and experience, and upon its

specialized personal knowledge. Assignments of any or all rights, duties or obligations

of the Contractor under this Agreement will be permitted only with the express written

consent of the Agency.

8. TERMINIATION FOR CONVENIENCE OF AGENCY. The Agency may terminate this

Agreement after giving thirty (30) days notice in writing to the Contactor that the

Agreement is terminated. The Agency shall pay a pro rata portion of compensation set

forth in Section 3 herein for performance rendered by Contractor until effective date of

termination.

9. INSURANCE. During the term of this Agreement, Contractor shall maintain in full

force and affect at is own expense, the following insurance coverage.

a. Worker's Compensation Insurance. Full Worker's Compensation Insurance

shall be provided with a limit of at least $1,000,000.00 for anyone.

b. General Liability and Automobile Insurance. Contractor shall obtain and

keep in full force and effect, a commercial, general liability policy of at least

$500,000.00 combined limit for bodily injury and property damage for all vehicles

owned by contractor.

c. Professional Liability Insurance. Contractor shall carry professional

liability insurance in the minimum amount of $500,000.00.

d. Certificate of Insurance. Contractor shall complete and file upon request

with the Agency prior to engaging in any operation or activity set forth in this

Agreement, certificates of insurance evidencing coverage as set forth above and

which shall prOVide that no cancellation or expiration by the insurance company

will be made during the term of this Agreement, without thirty (30) days written

notice to Agency prior to the effective date of such cancellation.

10. CONFORMANCE TO APPUCABLE LAWS. Contractor shall comply with its standard

of care regarding all applicable Federal, State, and municipal laws, rules, and

ordinances. No discrimination shall be made by Contractor in the employment of

persons to work under this contract because of race, color, national origin, ancestry,

disability, sex or religion of such person.

11. WAIVER. In the event that either Agency or Contractor shall at any time or times

waive any breach of this Agreement by the other, such waiver shall not constitute a

waiver of any other or succeeding breach of this Agreement, whether of the same or any

other covenant, condition or obligation.

12. GENERAL PROVISIONS.

a. This Agreement contains all the terms and conditions agreed upon by the

parties. No other understandings oral or otherwise, regarding the subject matter

of this Agreement shall be deemed to exist or to bind any of the parties hereto.

b. The Agency may duplicate, use and disclose in any other manner and for

any purpose whatsoever, and have others so do, all data developed or delivered

under this Agreement.

c. MCEDCO shall not affix any restrictive markings upon data, and if such

markings are affixed, the Agency shall have the right at any time to modify,

remove, obliterate, or ignore such markings.

d. This Agreement shall be governed and construed in accordance with all

the laws of the State of California.

13. ATTORNEY FEES. If either party becomes involved in litigation arising out of this

Agreement or the performance thereof, the court in such litigation, or in a separate

suit, shall award reasonable costs and expenses, including attorney's fees, to the

prevailing party. In awarding attorney fees, the court will not be bound by any court

fee schedule; but shall, if it is in the interest of justice to do so, award full amount of

costs, expenses and attorney fees paid or incurred in good faith.

IN WITNESS WHERE OF, the parties have caused this Agreement to be executed on the date

first above written.

CITY OF LOS BANOS

REDEVELOPMENT AGENCY

Steve Rath, Executive Director

ATTEST:

Lucy Mallonee, Secretary

APPROVED AS TO FORM

City Attorney

Account Date:

Contract no.

BY:Verified Finance Officer

Taxpayer I.D. No.: 77-0354079Address: 17330 StreetMerced, CA 95340Phone: (209) 723-3889

CONTRACTOR

Christopher Winek, Chairman

MCEDCO

Exhibit A

DRAFT Proposed Scope of Services for Year 2010- 11

The Scope of Services implements a comprehensive regional economic development strategy approvedby MCEDCO and Contractor. Both parties acknowledge that MCEDCO formulates a strategic marketingplan and budget annually, subject to review and comment by contractor staff which is reviewed andendorsed by the Contractor's representative on the Executive Committee of MCEDCO.

MCEDCO shall primarily undertake regional lead generation and lead referral activities to supplementand assist the Contractor achieve its economic development objectives. MCEDCO may participate, atthe request of the Contractor, with specific local projects or programs to advance and respond toinitiatives.

MCEDCO may undertake additional services at the request of the Contractor. Additional services aresubject to negotiation and mutual agreement.

MCEDCO shall assist in providing timely and useful information and data to help businesses makeinformed decisions about expanding, relocating, starting a business and investing in the cities andunincorporated communities within Merced County.

MCEDCO shall prOVide the following services:

A. Business Contacts.

i. Initiate and engage in thirty (30) one-on-one business contacts throughout LosBanos to monitor business perceptions and identify potential retention andexpansion plans and offer assistance where needed. Provide RDA Director with amonthly report of visits that contains concerns or requests from local businesses.

ii. Perform on-site visits to employers as requested by individual business and/or theaffected jUrisdiction.

iii. Initiate meetings with appropriate economic development, administrative, financing,permitting, public works, job training and other required officials to facilitate retentionand expansion plans.

iv. Distribute regional business program and services information and marketingmaterial to business contacts where appropriate.

v. Monitor and maintain fOllow-up on contacted businesses regarding service needs,information provided and potential investment and employment development status.

vi. Liaise with representatives of Contractor to share information, combine effortswhere most effective and eliminate duplication of services and outreach activity.

vii. Business contact efforts shall be coordinated with the Contractor's designee, andmay include representatives from the Contractor at its option.

B. Business Outreach and Retention.

MCEDCO may implement and coordinate with the Contractor a retention-expansionoutreach program which shall include assisting representatives of the Contractor indetermining and resolving barriers that may be restricting the growth of current businessesand resolving issues which may potentially lead to the closing or relocation of businessesoutside of the community.

C. Lead Referral, Lead Generation and Response.

Exhibit A


i. Undertake marketing campaign (refer below, Marketing Services) and fosterreferrals to identify prospective investment and employment inquiries.

ii. MCEDCO shall forward all leads and prospects and shall promptly refer to theContractor all leads and prospects from said activities, without pre-screening orselection.

iii. Represent and participate on behalf of the Contractor with regional economicdevelopment marketing partner, Central California Economic DevelopmentCorporation (CCEDC) to initiate and respond to investment inquiries.

iv. Represent and participate on behalf of the Contractor with State of California Officeof Economic Development and Federal economic development organizations toinitiate and respond to investment inquiries.

v. May affiliate with national economic development organizations (InternationalEconomic Development Council (IEDC) or real estate services (CoreNet) to identifyprospective investment and employment inquiries.

vi. Nothing in this Agreement shall be construed to prevent direct contact betweenContractor and local, regional, state, and federal economic development relatedagencies.

vii. MCEDCO shall submit concise detailed reports, not less than quarterly, or at thespecific request of the Contractor concerning lead generation and lead referralactivity and services.

D. Marketing Services.

i. MCEDCO shall develop in consultation with Contractor a marketing and imagepromotion program on the advantages and opportunities available in the cities andcounty of Merced. Materials will be available for use by September 30,2010.

ii. MCEDCO shall implement the approved comprehensive regional marketing strategyto promote recruitment, retention and expansion activities to targeted external andlocal businesses and the community in consultation the Contractor.

iii. MCEDCO shall conduct meetings of the organizations Marketing Committee toprOVide direction and oversight on activities performed by MCEDCO. TheContractor or designee shall be appointed on MCEDCO's Marketing Subcommitteeas a voting member.

iv. Marketing activities will complement and augment to the best of its ability theContractor's economic development program. Implementation may include, butshall not be limited to the following:

• Collateral marketing materials• Website• General communication• Correspondence• Newsletters• Forums• Presentations• Reports• Print media• Advertising

Exhibit A


• Trade shows and conferences• Business investment missions

v. Partners for marketing collaboration include local government jurisdictions, Stateand Federal agencies, California Association of Local Economic Development, theCCEDC, the California Partnership for the San Joaquin Valley, local employers,agencies and the public.

E. Technical Assistance Services.

i. Identify and maintain up-to-date information for dissemination and distribution tobusinesses and contractor requiring such data for retention and expansionpurposes. Such information shall include but will not be limited to:

• Local agency, state and federal economic development related services• Community information and demographics• Land and building inventory• Local government procedures, processes and incentives• Financing sources and incentives• Utility and infrastructure information• Industry trends• Workforce availability• Unemployment rates and trends• Community growth plans and zoning• Local and surrounding demographics• Best practices for retention and expansion activities• Other agency information and marketing materials for combining, sharing

and disseminating

ii. Processing and handling of permits including but not limited to bUilding, planning,engineering, fire, air quality, etc. shall be the sole responsibility of the Contractor.Facilitating development and permitting process and specific communicationsbetween the prospective investment and Contractor's staff shall be the responsibilityof the Contractor, and/or his/her Designee, unless otherwise specified.

F. Professional Development.

MCEDCO shall maintain membership and participate with the California Association forLocal Economic Development (CALED); Central California Economic DevelopmentCorporation (CCEDC); International Economic Development Council (IEDC); the CaliforniaPartnership for the San JoaqUin Valley and other associations and organizations deemedappropriate to advancing economic development activities in Merced County.

G. Information Forums.

Initiate, facilitate and host two (2) regional community events, forums or seminars withappropriate presenters and guest speakers to address issues identified as important to localbusiness and community interests.

H. Facilitator.

MCEDCO shall assist the Contractor and prospective businesses in analyZing andstructuring transactions as requested by the Contractor. MCEDCO shall not representthe Contractor in negotiations, nor make any offer of County, City or RedevelopmentAgency incentives or assistance.

Exhibit A


I. Grants and Philanthropic Funding.

i. MCEDCO may assist in securing and managing public sector grants incollaboration with the Contractor at the request of the Contractor. Compensationand responsibilities shall be defined prior to the submission of applications.

ii. The Contractor may provide MCEDCO with assistance in the application andmanagement of grant applications. Compensation for the Contractor shall bedefined prior to the submission of applications.

J. Financial.

Financial statements and other information pertinent to the activities performed byMCEDCO shall be provided no less than quarterly to the Contractor appointedrepresentative to the MCEDCO Board of Directors, and directly to the ContractingOrganization upon request.

MCEDCO shall contract for a audit by an independent auditor, to be performed according togenerally accepted auditing standards at the direction of the executive Committee.

K. Reporting.

i. Compile and maintain reports of business visits, follow-up activities, notifications toother agencies, assistance rendered, number of current employees, projectedemployees and types of jobs needed.

ii. Compile and maintain reports of business forums in terms of topic, invitees,attendance, response and follow-up.

iii. Compile and maintain reports of marketing activities, distribution of materials,contacts and follow-up.

iv. Compile and maintain reports of industry trends, workforce needs and availability,community growth and expansion trends, economic impacts and business forecastsbased on activities and information received from this retention and expansionactivity for bi-annual presentation to the Agency Board.

v. MCEDCO shall provide copies of the CCEDC meeting minutes and mission/tradeshow schedules to the Contractor upon request.

vi. MCEDCO shall furnish one Executive Committee packet and one Board of Directorpacket to the Contractor's designated representative and one of each packet to theContractor's designee.

vii. All reports shall be submitted to the Contractor via hard copy or/and e-mail.

L. Confidentiality.

In performing contract activities, MCEDCO shall not release to any person whatsoever anyname of a business client referred to MCEDCO by Contractor, except by express writtenpermission of Contractor.

MCEDCO shall customarily refrain from releasing the name of any business clientgenerated by MCEDCO, or referred by MCEDCO to the Contractor which expresses

Exhibit A


primary interest in locating in community, to any person not directly involved in the project ortransaction, until Contractor and MCEDCO mutually agree to release of identity.

M. No Authority to Contract.

MCEDCO shall not solicit or contract for services from third parties on behalf of Contractor,nor shall MCEDCO have authority to obligate or incur expenses on behalf of the Contractor.

RESOLUTION NO.

RESOLUTION OF THE LOS BANOS REDEVELOPMENT AGENCYAPPROVING AND AUTHORIZING THE EXECUTION OF A

PROFESSIONAL SERVICES AGREEMENT WITH THE MERCED COUNTY ECONOMICDEVELOPMENT CORPORATION

WHEREAS, one of the main goals for the Los Banos Redevelopment Agency (the "Agency") isto foster economic development in the community; and

WHEREAS, staff is not always aware of all existing economic opportunities in this area, neitherdoes it have the time nor resources necessary to take advantage ofthese opportunities; and

WHEREAS, the Merced County Economic Development Corporation (''MCEDCO'') is anorganization solely dedicated to assisting local government in the county in identifying and securing thesetypes pf opportunities for their communities; and

WHEREAS, these opportunities are very important and vital to the Agency given the limitedresources and funding available to local government; and

WHEREAS, MCEDCO has provided these services in the past and wishes to continue to providethese services to the Los Banos Redevelopment; and

WHEREAS, MCEDCO will also provide service to the Los Banos Redevelopment Agency as itsEnterprise Zone Manager; and

WHEREAS, the Los Banos Redevelopment Agency wishes to continue to retain MCEDCO'Sservices.

NOW THEREFORE, the Los Banos Redevelopment Agency does resolve as follows:

1. The Los Banos Redevelopment Agency approves and authorizes the Executive Director toexecute the Professional Services Agreement in the fonn submitted herewith and at a cost tothe RDA of $20,399. The Executive Director, and his designees, are authorized and directedto take all appropriate action to effectuate the tenns ofthe foregoing Professional ServicesAgreement.

APPROVED AND ADOPTED This 25th day ofJune, 20I0

Chainnan Tommy Jones

ATTEST:

Secretary Lucy Mallonee

LOS BanosAt the Crossroads of California

www.losbanos.org

AGENDA

ADJOURNEDJOINT

CITY COUNCIL ANDREDEVELOPMENT AGENCY MEETING



JUNE 25, 2010

If you require special assistance to attend or participate in this meeting, please call theCity Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990.'It * * 'It * * * ** * * * * 'It 'It 'It

Si requiere asistencia especial para atender 0 participar en esta junta por favor lIame a la oficinade la Secretaria de la ciudad al (209) 827-7000 a 10 menos de 48 horas previas de la junta.

La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990.

Any writings or documents provided to a majority of the City Council/Redevelopment Agencyregarding any item on this agenda will be made available for public inspection at the meeting

and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, Californiaduring normal business hours. In addition, such writings and documents may be posted

on the City's website at www.losbanos.orq.* 'It.* ••• *.** ••••

Cualquier escritura 0 los documentos proporcionaron a una mayoria de la City Council/RedevelopmentAgency con respecto a cualquier articulo en este orden del dia sera hecho disponible para la

inspecci6n publica en la reuni6n y en la oficina del City Clerk del City Hall, 520 J Street, Los Banos,California durante horas de oficina normales. Ademas, tales escrituras y los documentos

pueden ser anunciados en el website de la Ciudad en www.losbanos.orq.

1. CALL TO ORDER. 1:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council and Redevelopment Agency Board Members)

Faria _, Sousa _, Stone _, Villalta _, Jones _

4. CONSIDERATION OF APPROVAL OF AGENDA.

Los Banos City Council/Redevelopment Agency Agenda - June 25,2010 Page 1 of 2

5. PUBLIC FORUM. (Members of the public may address the City Council /Redevelopment Agency Members on any item of public interest that is within thejurisdiction of the City Council / Redevelopment Agency; includes agenda and nonagenda items. No action will be taken on non-agenda items. Speakers are limitedto a five (5) minute presentation. Detailed guidelines are posted on the CouncilChamber informational table.)

6. PUBLIC HEARING. (If you challenge the proposed action as described herein incourt, you may be limited to raising only those issues you or someone else raisedat the public hearing described herein or in written correspondence delivered to theCity or Redevelopment Agency at, or prior to, the public hearing.)

A. Public Hearing - Consideration of the Appropriation. Limitation for the FiscalYear 2010/2011 . .1!flfimlielif.m~lJiin~1161i\:.J

1) City Council Resolution No. 5248 - Setting the Tax RelatedAppropriation Limit in Compliance with Proposition 4 and Proposition111 for Fiscal Year 2010/2011 Appropriation Limit.

Recommendation: Open the public hearing, receive public comment, close the publichearing and adopt the resolution as submitted.

B. Public Hearing - Consideration of the 2010/2011 Fiscal Year Budget..intli.lIlm~.frlj

1) City Council Resolution No. 5249 - Adopting Fiscal Year 2010-2011Budget Including Division 4 - Employee Classifications & SalarySchedules of the City of Los Banos Policy & Procedures Manual.

Recommendation: Open the public hearing, receive public comment, close the publichearing and adopt the resolution as submitted.

7. CONSIDERATION OF APPROVAL OF REDEVELOPMENT AGENCYRESOLUTION NO. 2010-07 DECLARING THAT PLANNING ANDADMINISTRATIVE EXPENSES ARE NECESSARY FOR THE PRODUCTION,IMPROVEMENT OR PRESERVATION OF LOW AND MODERATE INCOMEHOUSING DURING FISCAL YEAR 2010/2011. f~Gnfi1itltiill~IIIfiI16-.1f\fJ


8. ADJOURNMENT.

Los Banos City Council/Redevelopment Agency Agenda - June 25,2010 Page 2 of2

TO:

FROM:

DATE:

Agenda Staff Report

Mayor Jones and Council Members

Finance Department

June 25, 2010

SUBJECT: 2010-2011 Appropriation Limitation

TYPE OF REPORT: Public Hearing

Recommendation:The following actions are requested of Council to complete the process for this year:

• Action Item 1. Hold a Public Hearing concerning the Appropriation limitation forthe Fiscal Year 2010-2011.

• Action Item 2. Population and inflation options must be selected by a recordedvote of the City Council. This is a requirement of Proposition 111. For theinflation factor, I am requesting that Council select California Per Capita PersonalIncome. For the population factor I am requesting that Council select CityPopulation.

• Action Item 3. Council adopted the included resolution entitled "A Resolution ofthe City of Los Banos Setting the Tax Related Appropriation Limit in Compliancewith Proposition 4 and Proposition 111 for Fiscal Year 2010-2011. ThisResolution adopts for FY 2010-2011: (a) the annual adjusting factors of CaliforniaPer Capita Personal Income at 0.9746% and City Population at 1.0096%, and,(b) the 2010-2011 Appropriation Limit of $60,014,235.

Background:The Appropriation Limitation is ordinarily presented in the second meeting in June to bereviewed and enacted through a resolution to set the tax related appropriation limit to bein compliance with Proposition 4 and Proposition 111. Additionally, to meet complianceguidelines, there must be a Public Hearing and that the Appropriation Limitation needsto be incorporated into the Budget.

Discussion:These actions will provide for the maximum 2010-2011 increase to the City'sappropriation limit.

Fiscal Impact:The Gann Appropriation Limit sets a spending limit for the amount that the City canlegally tax the citizens of Los Banos. The fiscal impact of the Gann Appropriation limitwould be the limitation of the City's ability to tax the citizens if it surpassed the$60,014,235 amount in taxes. The City is at 14.20% of the proposed limitation.

Reviewed by:

Ste~h. City Manager

Attachments:Public Hearing NoticeResolution with Exhibit A (Gann Appropriation Limitation Calculation)Department of Finance Letter concerning price and population information

Los Banos EnterpriseEmail Transmittal

One PageJune 01, 2010

Public Notice:

Notice is hereby given that the City Council of the City Los Banos will hold a publichearing for 2010-2011 City Budget (including the RDA Budget) and a public hearing forthe 2010-2011 Appropriation Limitation as follows:

Date: June 16,2010Time: 7:00 p.m.Place: Council Chambers

City Hall520 "1" StreetLos Banos, CA

Questions regarding the above referenced item may be directed to the FinanceDepartment at City Hall or (209) 827-7000. -------------------------

Please publish Friday June 5, 2010

RESOLUTION NO. 5248

A RESOLUTION OF THE CITY COUNCIL OF THECITY OF LOS BANOS SETTING THE TAXRELATED APPROPRIATION LIMIT INCOMPLIANCE WITH PROPOSITION 4 AND 111FOR FISCAL YEAR 2010-2011

WHEREAS, there has been presented to the City Council of the City of LosBanos the appropriation Limitation Analysis; and

WHEREAS, the City Council has selected the population and inflation factorsused in the Appropriation Analysis; and

WHEREAS, said Appropriation Analysis as presented has been reviewed,examined, and approved by the City Council of the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of LosBanos that the annual adjusting factors of California Per Capita Personal Income at.97% and City population at 1.0096% is hereby adopted; and

BE IT FURTHER RESOLVED that the City Council of the City of Los Banos doeshereby that said Tax Related Appropriation Limit of $60,014,235 is hereby adopted bythe City Council of the City of Los Banos, a copy of which is attached hereto as Exhibit"A".

The foregoing Resolution was introduced at a regular meeting of the City Councilof the City of Los Banos held on the 16th day of June 2010, by Council Member___ who moved its adoption, which motion was duly seconded by Council Member___ and the Resolution adopted by the following vote:

AYES:NOES:ABSENT:

APPROVED:

Tommy Jones, Mayor

ATTEST:


..

Exhibit A

CITY OF LOS BANOS

GANN APPROPRIATION LIMITATIONFiscal Year 2010-2011

Appropriation Limit Calculation:

Fiscal Year 2009-2010Allowable Increase

CA per Capita IncomeNon-Res. Construction

City PopulationCounty Population

2010-2011 Tax Related Appropriation Limit

0.9746N/A

1.00961.0105

$60,990,076

0.9840

$60,014,235

City of Los Banos Tax Appropriation Limit - 10 YearsFY

2010-20112009-20102008-20092007-20082006-20072005-20062004-20052003-20042002-20032001-2002

City Population36,42136,19836,05235,21134,22332,38032,31030,79529,38428,415

3

Limit$60,014,235$60,990,076$59,788,331$55,725,912$51,612,403$47,233,828$42,819,171$39,768,897$37,699,210$36,837,219

~tlT 0"..,. . ~

t ."1-l 1IiiiiI' ~III 1111 no /It.. DEPARTMENT OF ARNOLD SCHWARZENEGGER, GOVERNOR

O"'(.I"O~"\~FIN A N C E--------::9:-:1-:5:-L:--::S=T-RE-E-T-:.::-::"SA-C.....R-A-M-E-NT-D---::C-:-A-:.:-:9~5~B=-:-1 4':"'".~3~7~D-=6-:.:-W......W-W-.-D-D-".-CA-.--G=-OV

May 2010

Dear Fiscal Officer:

Subject: Price and Population Information

Appropriations LimitThe California Revenue and Taxation Code, Section 2227, mandates the Department of Finance(Finance) to transmit an estimate of the percentage change in population to local governments. Eachlocal jurisdiction must use their percentage change in population factor for January 1, 2010, in conjunctionwith a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year2010-2011. Enclosure I provides the change in California's per capita personal income and an examplefor utilizing the price factor and population percentage change factor to calculate the 2010-2011appropriations limit. Enclosure II provides city and unincorporated county population percentagechanges, and Enclosure IIA provides county's and incorporated area's summed population percentagechanges. The population percentage change data excludes federal and state institutionalized populationsand military populations.

Population Percent Change for Special DistrictsSome special districts must establish an annual appropriations limit. Consult the Revenue and TaxationCode, Section 2228 for further information regarding the appropriation limit. You can access the Codefrom the following website: ..http://www.leginfo.ca.gov/calaw.html.. check box: "Revenue and TaxationCode" and enter 2228 for the search term to learn more about the various population change factorsavailable to special districts to calculate their appropriations limit. Article XIII 8, Section 9(C), of the StateConstitution exempts certain special districts from the appropriations limit calculation mandate. Consultthe follOWing website: .. http://www.leginfo.ca.gov/.const/.article 138" for additional information. Specialdistricts required by law to calculate their appropriations limit must present the calculation as part of theirannual audit. Any questions special districts have on this issue should be referred to their respectivecounty for clarification, or to their legal representation, or to the law itself. No State agency reviews thelocal appropriations limits.

Population CertificationThe population certification program applies only to cities and counties. Revenue and Taxation CodeSection 11005.6 mandates Finance to automatically certify any population estimate that exceeds thecurrent certified population with the State Controller's Office. Finance will certify the higher estimate tothe State Controller by June 1, 2010.

Please Note: Prior year's city population estimates may be revised.

If you have any questions regarding this data, please contact the Demographic Research Unit at(916) 323-4086.

1

Fiscal Year 2010-2011

May 2010 Enclosure I

A. Price Factor: Article XIII B specifies that local jurisdictions select theircost-of-Iiving factor to compute their appropriation limit by a vote of their governingbody. The cost-of-Iiving factor provided here is per capita personal income. If thepercentage change in per capita personal income is selected, the percentagechange to be used in setting the 2010-2011 appropriation limit is:

Per Capita Personal Income

Fiscal Year(FY)

2010-2011

Percentage changeover prior year

-2.54

B. Following is an example using sample population change and the change inCalifornia per capita personal income as growth factors in computing a 2010-2011appropriation limit.

2010-2011:

Per Capita Cost of Living Change =-2.54 percentPopulation Change =1.03 percent

2

Per Capita Cost of Living converted to a ratio:

Population converted to a ratio:

Calculation of factor for FY 2010-2011:

-2.54 + 100 =.9746100

1.03 + 100 =1.0103100

.9746 x 1.0103 =.9846

Fiscal Year 2010-2011

--- Population Minus Exclusions ---

1-1-09 1-1-102009-2010

Percent Change

Enclosure IIAnnual Percent Change in Population Minus Exclusions

January 1, 2009 to January 1, 2010 and Total Population, January 1, 2010

TotalPopulation

1-1-2010

County

City

Merced

AtwaterDos PalosGustineLivingstonLos BanosMercedUnincorporated

County Total

0.96 26,205 26,456 27,7550.98 4,992 5,041 5,0411.27 5,184 5,250 5,2501.13 13,894 14,051 14,0510.96 36,076 36,421 36,4210.89 80,273 80,985 80,9851.25 87,891 88,992 88,992

1.05 254,515 257,196 258,495

(*) Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federalcorrectional institutions and veteran homes.

3

~~~~f' LOS Banos,~ Attlie Crossroads oJ C(llifo/"llia~~",

Agenda Staff Report

TO:

FROM:

DATE:

Mayor Jones & City Council Members

Finance Department

June 25, 2010

SUBJECT: Adoption of the 2010-2011 Fiscal Year (FY) Budget

TYPE OF REPORT: Public Hearing

Recommendation:To complete the preparation of the City of Los Banos and the Los BanosRedevelopment Agency 2010-2011 FY Budget, the City Council is requested to take thefollowing actions:

1. Conduct a noticed public hearing to solicit input on the proposed budget forthe 2010-2011 FY.

2. Enact a resolution by the City Council, which adopts the 2010-2011 FYBudget.

Background:The City of Los Banos adopts an annual budget prior to the beginning of the new fiscalyear that starts on July 1st. In preparation of the budget adoption, the City hascompleted two budget study sessions, these were held on June 1, 2010 and June 10,2010. These sessions reviewed the next year's proposed budget for the City and theRDA. Adoption of this proposed resolution completes the fiscal year 2010-2011 Budgetprocess and authorizes a July 1, 2010 start date for the new budget year as well asdefines the employee salary schedule.

Discussion:The following described exhibits are made part of this resolution of adoption:

• Exhibit A: The Budget for the 2010-2011 FY- this sets forth by fund theestimated revenues, transfers in and out, and the proposed expenditures.

• Exhibit B: Salary Schedule (Personnel Manual Division 4) - presents the2010-2011 FY employee classifications, positions authorized, and salaryranges.

Q In Exhibit A, the adopted budget for 2010-2011 - it should be highlightedthat:

• General fund beginning balance is estimated at $3.4 M, ending at $3.5 M,utilizing estimates revenues of $9.9 M and $732,000 of transfers to payfor operational costs of $10.5 M, no capital outlay items have beenapproved through the general fund.

• City wide revenues are estimated at $39 M and City wide expenditures areproposed at $44.9 M with a City wide estimated ending balance of$35.1 M.

• The major revenue factors include no new housing permits. It alsorepresents a continued drop in housing prices with a 7% decrease inproperty tax values and estimated sales tax to be the same as 09-10 FY.

• The major expenditure factors that have impacted the City's proposedbudget include a reduction in permits issued, and an increase in fuelcosts, energy costs, personnel costs, health benefits, and insuranceincreases.

Q In Exhibit B, the 2010-2011 FY Salary Schedule includes the followingchanges:

• No new Personnel are included. City staffing consists of 148 employeesexcluding council.

• All Salary step increases are frozen for FY 2010-2011.• No Cost of Living Adjustment (COLA) for Community Service Officers,

Dispatchers, Firefighters, Police Officers, Police Sergeants, andMiscellaneous Employees. City still in negotiations with CommunityService Officers and Dispatchers.

• 2.5% of Base Salary employee contribution to Cafeteria Plan to helprecover costs for employee benefits.

• All employees to pay for the employee portion of the CalPERS retirementcosts that equate to 9% for public safety and 8% for miscellaneous.

• The $875.00 per employee per year for dental/vision to terminate. Newdental/vision insurance plans will begin July 1, 2010 with the City to payfor employee coverage. Employees who choose additional dependentcoverage will be responsible for the cost above $72.92.

Fiscal Impact:The 2010-2011 budget is fiscally responsible by balancing the General Fund and takesimportant strides toward meeting the City's financial goals. It is important that theGeneral Fund maintains its fund balance reserve. We anticipate that this upcomingcurrent year and the following current year will be years that we will have to maintainexisting services at less than their current level. Other funds are currently under reviewand rate studies will be brought back to council for water, wastewater, solid waste, andimpact fees during the 2010-2011 FY.

Through the 2010-2011 year, the City will be reviewing the budget on a quarterly basis.During the midyear review, the City will start on the next 12 month plan to beimplemented in the 2011-2012 FY.

Reviewed by:

~-a-na-g-e-r----

Attachments:ResolutionExhibit A - Summary of Fund BalanceExhibit B - Salary schedulePublic Notice

RESOLUTION NO. 5249

A RESOLUTION OF THE CITY COUNCIL OF THECITY OF LOS BANOS ADOPTING THE FISCALYEAR 2010-2011 BUDGET INCLUDINGEMPLOYEE CLASSIFICATIONS & SALARYSCHEDULE

WHEREAS, there has been presented to the City Council of the City of LosBanos a proposed budget for the 2010-2011 Fiscal Year; and

WHEREAS, the proposed budget for the City of Los Banos and the Los BanosRedevelopment Agency has been reviewed by the City Council and the RedevelopmentAgency at the City of Los Banos budget study sessions held June 1, 2010 and June 10,2010; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of LosBanos that the 2010-2011 Fiscal Year Budget including Employee Classifications &Salary Schedule as approved by the City Council is hereby adopted; and

BE IT FURTHER RESOLVED that the dental and vision care reimbursementplan established by City Council Resolution No. 2314 is hereby terminated effectiveJune 30, 2010. Effective July 1, 2010, City of Los Banos employees will be coveredunder dental and vision insurance plans; and

BE IT FURTHER RESOLVED that Exhibit A, Summary of Fund Balance andExhibit B, Employee Classifications & Salary Schedule are attached and made a part ofthis resolution. Within each fund in Exhibit A, the estimated revenues presented arerecognized, the Transfers In and Transfers Out are authorized, and the proposedexpenditures are appropriated; and

BE IT FURTHER RESOLVED that the City Manager is hereby authorized totransfer, per occurrence, up to $100,000 in appropriations for the General Fund and$50,000 in appropriations for any other fund between accounts within other funds inExhibit A as a budget adjustment to meet unforeseen events; and

BE IT FURTHER RESOLVED that the City Council of the City of Los Banos mayadjust the overall appropriation levels in each fund at any time during the 2010-2011Fiscal Year by action to amend this budget.

The foregoing Resolution was introduced at an adjourned meeting of the CityCouncil of the City of Los Banos held on the 25th day of June 2010, by Council Member___ who moved its adoption, which motion was duly seconded by Council Member___ and the Resolution adopted by the following vote:

AYES:NOES:ABSENT:

ATTEST:


APPROVED:

Tommy Jones, Mayor

CITY OF LOS BANOSExhibit A

Summary of Fund Balance201.0-201.1.

Estimated EstimatedBeginning Adopted Transfer Transfer Adopted Ending

Fund # Fund Balance* Revenues In Out Expenditures Balance

100 General Fund $3,417,766 $9,885,717 $732,000 $10,506,070 $3,529,413

Special Revenue Funds200 Movie Night $3,894 $20 $779 $3,135201 Recreation $88,401 $220,550 $283,895 $25,056202 Admin City Hall Service Charge $127,620 $2,353 $0 $129,973205 Code Enforcement $142,808 $141,858 $134,315 $150,351207 RSTP Exchange $837,755 $294,912 $351,539 $781,128212 PEG Franchise $36,055 $21,500 $3,000 $0 $54,555215 Gas Tax 2105 $34,583 $559,198 $559,198 $34,583219 Traffic Congestion Relief $106,195 $359,019 $448,826 $16,388225 SB325 Transportation $1,136,142 $9,022 $163,913 $981,251229 Regional Transportation Impact Fees $21,492 $0 $0 $21,492230 Traffic Impact Fee $1,391,739 $139,500 $65,000 $1,466,239232 Storm Drain Fee $221,939 $3,224 $50,000 $175,163233 Lamoglia Traffic Impact $726,133 $5,235 $0 $731,368234 Meadowlands Traffic Impact $124,121 $0 $0 $124,121235 Asset Forfeiture $116,489 $5,897 $30,000 $92,386236 Safety Aug. - Police $1,240,292 $691,231 $994,364 $937,159237 SLESF COPS Program $72,341 $105,450 $118,673 $59,118238 Safety Aug. - Fire $480,021 $686,931 $826,089 $340,863239 JAG Gustice Assistant Grant) Program $13,318 $7,767 $7,742 $13,343240 JAG Edward Byrne Grant $0 $26,090 $26,090 $0242 CHRP-COPS Hiring Recovery $0 $197,718 $197,718 $0243 Fire Capital Improvement $1,355,371 $161,518 $163,500 $1,353,389244 Community Center Fee $166,139 $3,000 $5,000 $164,139245 Police Capital Improvement $1,922,933 $136,800 $355,214 $1,704,519246 Traffic Safety $362,798 $115,060 $357,000 $97,190 $23,668247 Special Aviation ($0) $0 $0 ($0)250 Los Banos Community Park ($226,142) $60,000 $45,000 ($211,142)251 Mission Village North Dev Fees $66,262 $370 $0 $66,632252 Public Facilities $28,782 $105 $4,000 $24,887253 Regency Park Estates $131,700 $974 $0 $132,674254 Northgate IT Park Dev Fees $0 $0 $0 $0255 Vineyard Park Dev Fees $15,242 $0 $0 $15,242256 Meadowland Park Dev Fees $175,607 $1,319 $0 $176,926257 Mission Village South Park Dev Fees $143,440 $878 $0 $144,318258 Villages @ Stonecreek Park Dev Fees $99,977 $37,399 $37,257 $100,119259 Orchard Terrace Park Dev Fees $20,273 $78 $0 $20,351262 CDBG Program Income Micro Ent. $35,781 $1,400 $34,135 $3,046263 CDBG Economic Development $7,932 $102,154 $102,154 $7,932265 RDA Low & Mod Housing $598,085 $770,452 $195,247 $600,474 $572,816267 Home Rehab Grant $6,415 $0 $0 $6,415268 Neighborhood Stabilization Program $0 $600,000 $600,000 $0269 1st Time Homebuyer Grant ($43,462) $0 $0 ($43,462)270 CDBG Economic/Housing PTA Grant ($44,410) $0 $0 ($44,410)271 Ranchwood Estates AD #1 $105,007 $377,413 $379,256 $103,164272 Cresthills AD #2 $91,860 $80,030 $130,688 $41,202273 Los Banos Gardens AD #3 ($114,665) $74,170 $66,441 ($106,936)274 Collage Green Estates AD #4 $54,660 $112,600 $112,215 $55,045275 Orchard Terrace AD #5 $4,421 $49,895 $49,712 $4,604276 St. Francis Estates AD #6 $42,284 $25,609 $53,778 $14,115277 Valley Meadows & Bedford AD #7 ($28,366) $11,143 $9,427 ($26,650)279 Jo-Lin & Rancho De Amigos AD #9 ($170,492) $85,447 $71,641 ($156,686)

CITY OF LOS BANOSExhibit A

Summary of Fund Balance2010-2011(Continued)

Estimated EstimatedBeginning Adopted Transfer Transfer Adopted Ending

Fund # Fund Balance* Revenues In Out Expenditures Balance

Special Revenue Funds (continued)

280 LB Creek Shopping Center AD #10 ($17,667) $20,377 $18,677 ($15,967)281 Meadowlands AD #11 ($281,517) $139,048 $126,703 ($269,172)282 Verona/Mission Estates AD #12 $86,414 $97,020 $136,199 $47,235283 Somerset Park AD #13 ($6,353) $23,041 $19,628 ($2,940)284 Northgate @ Regency Park AD #14 $164,437 $151,866 $255,434 $60,869

285 Magnolia Grove AD #15 ($50,457) $6,448 $6,316 ($50,325)

286 Senior Homes Villages AD #16 ($21,241) $7,570 $6,767 ($20,438)

287 Stonecreek Villages AD #17 ($237,186) $99,699 $80,065 ($217,552)

288 Rail Trail Corridor AD #18 ($117,539) $80,035 $64,917 ($102,421)

289 Talbott Park Basin AD #19 $37,988 $20,710 $20,259 $38,439

290 CFD 2002-01 Police $12,244 $324,000 $406,876 ($70,632)

291 CFD 2002-01 Fire $154,135 $324,000 $376,275 $101,860

292 CDBG Program Inc Housing Rehab $4,571 $0 $0 $4,571

293 HOME Program Inc Housing Rehab $23 $0 $0 $23295 Repair & Demolition $14,418 $0 $0 $14,418

Capital Project Funds

303 Traffic Mitigation-S.F. $140,652 $964 $0 $141,616304 City Hall Impact Fee $350,544 $6,791 $4,000 $353,335306 Corporation Yard Impact Fee $117,651 $5,642 $4,000 $119,293308 ProplB $1,378,549 $533,879 $748,694 $1,163,734309 ARRA $0 $1,439,476 $1,360,634 $78,842312 Comcast Grant $0 $0 $0 $0315 S.E. Sewer Lift Station $7,626 $0 $0 $7,626318 CCID Canal Side Park Bridge $0 $0 $0 $0320 Los Banos Community Center $47,488 $0 $500,000 ($452,512)324 Child Development Center ($1,002,246) $0 $0 ($1,002,246)325 Los Banos Transpo Center ($5,463) $88,407 $0 $82,944365 Redevelopment Agency $5,942,025 $4,131,473 $2,081,973 $4,935,179 $3,056,346

Debt Service Funds

465 Redevelopment Debt Service $2,316,081 $20,000 $2,277,220 $1,877,220 $2,736,081

Business-Like Funds

501 Water $11,812,808 $4,777,065 $4,806,034 $11,783,839502 Wastewater $2,660,312 $2,767,627 $4,190,414 $1,237,525505 Airport ($34,759) $470,994 $470,026 ($33,791)510 Solid Waste & Street Sweeping $875,479 $4,988,916 $4,943,129 $921,266

Internal Service Funds601 Fleet Maintenance $114,288 $678,428 $767,944 $24,772

610 Information Technology $120,725 $349,206 $3,000 $353,720 $119,211

615 Engineering Services $31,096 $68,673 $57,916 $41,853

656 Retiree's Medical Health $1,278,827 $1,249,646 $375,000 $733,648 $1,419,825

Trust Funds

TOTAL ALL FUNDS $41,040,488 $39,042,007 $3,012,220 $3,012,220 $44,951,967 $35,130,528

-Estimated Beginning Fund Balances are based on an accrual basis except forthe Business type funds which are based on an available cash basis.

EXHIBIT BDIVISION 4

EMPLOYEE CLASSIFICATIONS & SALARY SCHEDULE(Effective ! 20101

Sec. 403 REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS

-~ -'SECTION A ~ ADMINISTRATION 1, I

~~.~ - . - ----TOTAL POSITIONS AUTHORIZED f4t (51

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE START STEP 1 STEP 2 STEP 3 STEP 4City Manager (1 ) 10,937·13,671 * * * * *Human Resources Director (1 ) 6,904-8,631 * * * * *Assistant City Clerk/HR Technician (1) * 3,894 4,089 4,293 4,508 4,733Payroll Technician (1) * 2,994 3,144 3,301 3.466 3,639

Admin Clerk (1) 1

Admin Clerk II * * 2,852 2,994 3.144 3,301 3,466Admin Clerk I * * 2,346 2.463 2,586 2,716 2,851

* Comment: Promotions to skill levels within the Admin Clerk job categories are made by the Human Resources Directorwith concurrence of the City Manager.1 Authorized but unfunded for fiscal year 201012011

~-~-~~

--~-~- -~sECLION-B ~FINANCE,.' ..... "'"'"' - -_.~~._-

TOTAL POSITIONS AUTHORIZED W (111

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE START STEP 1 STEP 2 STEP 3 STEP 4

Chief Financial Officer (1) 2 8,810-11,013 * * * * *Accounting & Budget Supervisor (1) * 5,635 5,916 6,212 6,523 6,849Accountant II (1 ) * 4,778 5,017 5,268 5,531 5,808Accountant I (2) * 3,894 4,089 4,293 4,508 4,733Accounts Payable Technician (1 ) * 3,204 3,364 3,532 3.709 3,894Payroll Technician 01 * 2,994 3,144 3,301 3.466 3,639

Accounting Clerk (5) 3

Accounting Clerk II * * 2,852 2,994 3,144 3,301 3,466Accounting Clerk I * * 2,346 2.463 2,586 2,716 2,851

* Comment: Promotions to skill levels within the Accounting Clerk job categories are made by the Chief Financial Officerwith concurrence of the City Manager.

2 Authorized but unfunded for fiscal year 201012011

3 4 positions authorized, with 1 position unfunded for fiscal year 201012011-_ ..~~~~~_=._~~_ SECTION C-:'PLAN-NiNG'--~~~~~-~_.~-=~_l

TOTAL POSITIONS AUTHORIZED (3)

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE START STEP 1 STEP 2 STEP 3 STEP 4Planning Director (1 ) 9,274-11,593 * * * * *Planner (1)Associate Planner * * 4,778 5,017 5,268 5,531 5,808Assistant Planner * * 3,894 4,089 4,293 4,508 4,733Administrative Assistant (1 ) * 3,144 3,301 3,466 3,640 3,822

* Comment: Promotions to skill levels within the Planner job categories are made by the Planning Directorwith concurrence of the City Manager

4-2

Sec. 403 Continued - REGULAR (FULL TIME) EMPLOYEE CLASSIFICATIONS

___~~=].~~@_~@~'YELOPMERt~~CYTOTAL POSITIONS AUTHORIZED (2)

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE START STEP 1 STEP 2 STEP 3 STEP 4Redevelopment Agency Director (1 ) 6,904-8,631 * * * * *Admin Clerk (1 )Admin Clerk II * * 2,852 2,994 3,144 3,301 3,466Admin Clerk I * * 2,346 2,463 2,586 2,716 2,851

* Comment: Promotions to skill levels within the Admin Clerk job categories are made by the Redevelopment Directorwith concurrence of the City Manager

~~-~~..S;J~Cf10N F_--_POBLf9wqR~ =-~~~TOTAL POSITIONS AUTHORIZED (49)

EMPLOYEE CLASSIFICATIONInformation Technology DirectorInformation Technology Technician

AUTHORIZED(1 )(2)

RANGE6,904-8,631

*

START STEP 1 STEP 2 STEP 3 STEP 4* * * * *3,657 3,839 4,031 4,233 4,444

AUTHORIZED RANGE(1) 10,853-13,567(1) *(1) *(1) *(1) *(1) *(1) *(1) *(4) *(1) *(1) *(1) *(2) *

(14)

STEP 1 STEP 2 STEP 3 STEP 4EMPLOYEE CLASSIFICATIONPublic Works Director/City EngineerASSistant Public Works DirectorPublic Works Operations ManagerParks & Rec Operations ManagerOffice ManagerSupervisorFleet SupervisorWater Quality SpecialistForemanInspector IAdministrative AssistantRecreation Coordinator IISweeper Operator IEnVironmental Control/Utilities MaintenanceEnvironmental Control Specialist IIIEnvironmental Control Specialist IIEnvironmental Control Specialist IEnvironmental Control Specialist TraineeUtilities Maintenance IIIUtilities Maintenance IIUtilities Maintenance I

MaintenanceMaintenance Worker IIIMaintenance Worker IIMaintenance Worker IMaintenance Worker Trainee

*******

(16) 4****

*******

****

*7,3965.6355,2654,7784,2284,2284,2284,0473,8543,1442,9692,715

3,5443,1062,9592,8173,3313,0282.715

3,3313,0282,7152,185

*7,7665,9165,5295,0164,4404,4404,4404,2494,0473,3013,1182,851

3,7213,2623,1072,9583,4983,1802,851

3,4983,1802,8512,295

*8,1556,2125.8055,2674,6624,6624,6624,4624,2493,4663,2742,994

3,9073,4253,2623.1063,6733,3392,994

3,6733,3392,9942,409

*8,5626,5236,0955,5314,8954,8954,8954,6854,4623,6403,4373,144

4,1023,5963,4253,261

3,8573,5063,144

3,8573,5063,1442,530

*8,9906,8496,4005,8075,1395.1395,1394,9194,6853.8223,6093,301

4,3073,7763,5963,4244.0493,6813,301

4.0493,6813,3012,656

4 16 positions authorized, with 1 position unfunded for fiscal year 201012011

4-3


3,4662,851

3,3012,716

3,1442,586

2,9942,463

2,8522,346*

***

~~,_.•~9Qn~inu~:~:- S~E~nON F ~EtJ~~icYY®B§~~~~~::__~~:'" ~].;;;E;;;;;Mi;i;;P;;i:L;iii;0;;i;;YEi;iE~C;;;LA;;;;S~S;i;;iiIF~I;iii;CAi;;i;T;i;;;;I;iii;0,;;:N .....;.A~Ui;;;;T;;;;i;H;iii;0i;iR;;;IZ;:;;E;D RANGE START STEP 1 STEP 2 STEP 3 STEP 4

Admin Clerk (2) 5

Admin Clerk IIAdmin Clerk I

* Comment: Promotions to skill levels (Trainee, I, II, III) within the Env. Control, Utilities Maintenance andMaintenance Job categories are made by the Public Works Director with concurrence of the City Manager.

* Additionally, the Public Works Director with concurrence of the City Manager. may temporarily or permanentlyreassign certain employees in accordance with the following guidelines: 1) Supervisor level positions -Employees serving in capacity of Supervisor may be reassigned to an equivalent pay grade within any of theSupervisor level positions; and 2) Maintenance -- Employees assigned to anyone of these three broademployment categories may be reassigned to an equivalent pay grade of one of the other two categories.

* Comment: Promotions to skill levels within the Admin Clerk Job categories are made by the Public Works Directorwith concurrence of the City Manager.

5 Two positions authorized, with 1 unfunded for fiscal year 201012011

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE START STEP 1 STEP 2 STEP 3 STEP 4Fire Chief (1 ) 9,248-1 1,560 * * * * *Asst Fire Chief (1 ) * 7,113 7,469 7.842 8,234 8,646Fire Captain (3) * 4.692 4.927 5,173 5,432 5,703Fire Engineer {i} (6) * 4,470 4,604 4,742 4.884 5.031Fire Fighter f6} (5) * 3,676 3,860 4,054 4,256 4,469Code Enforcement Officer (1 ) * 3,656 3.839 4,031 4,232 4,444Administrative Assistant (1 ) * 3,144 3,301 3,466 3,640 3,822Fire Clerk" (1 ) * 2,852 2,994 3,144 3,301 3,466

..,... -,=-,..,..~ .•- ~

_-SEg_!!Oj)fE_~YB[tCSJiFE1Y-~ p6~lcg~~=~_.~~==::=J..- ~-~~-~ -TOTAL POSITIONS AUTHORIZED (60)

EMPLOYEE CLASSIFICATION AUTHORIZED RANGE START STEP 1 STEP 2 STEP 3 STEP 4Police Chief (1) 9,612-12,015 * * * * *Police Commander f1j (2) * 7,113 7,469 7,842 8,234 8,646Police Services Manager (1) * 5,542 5,819 6,110 6,416 6,736Police Sergeant f1} (6) * 5,469 5,742 6,030 6,331 6,648Dispatch Supervisor (1 ) * 4,261 4,474 4,698 4,933 5,179Police Officer (31) 6 * 4,096 ~ ~ -4,747 ~

4,201 4,415 4,636 4,869 5,111Dispatcher (9) * 3,426 3,596 3,776 3,965 4,163

6 Two (2) Positions funded buy COPS7 Grant through the 2012/2013 Fiscal Year

7 Community Oriented Policing Services

* Comment: Police Officers who are assigned as Investigators may be compensated at Step 1, 5% or Step 2,7 1/2% above regular salary. Investigation assignments and step levels are made at the sole discretion ofthe Police Chief

4-4


EMPLOYEE CLASSIFICATIONCrime AnalystProperty Evidence TechnicianAnimal Control OfficerCommunity Services OfficerPublic Safety Custodian

1.,_ ~~~_.~-_' -gO(lrti~.~~~- sEc"rTo.N:8.~PU~L1C§\E~ty --p'6hl~EAUTHORIZED RANGE START STEP 1 STEP 2 STEP 3

(1) * 3.144 3,301 3,466 3,640(1) * 2,639 2,903 3,048 3,200(1) * 2,589 2,719 2,854 2,997(5) * 2,468 2,591 2,721 2,857(1) * 2,173 2,282 2,396 2,516

STEP 43,8223,3603.1473,0002,642

Sec. 404 PART TIME & ELECTED EMPLOYEE CLASSIFICATIONS

Public Works Department -- Hourly SalaryEMPLOYEE CLASSIFICATION START STEP 1 STEP 2 STEP 3 STEP 4Clerk Typist I ~ ~ 4-4:--a-7- ~ -1-e-:-Q-7

11.90 12.49 13.12 13.77 14.46Maintenance Worker III 4-&.-e+ 4&.4@ ~ 4-8M- ~

14.10 14.81 15.55 16.33 17.14Maintenance Worker II 4--+.-3@ 4-4-:W ~ ~ ~

10.22 10.73 11.27 11.83 12.42Maintenance Worker I ~ ~ ~ ~ ~

8.41 8.83 9.27 9.73 10.22

Recreation Department -- Hourly SalaryEMPLOYEE CLASSIFICATION START STEP 1 STEP 2 STEP 3 STEP 4Recreation Clerk ~ ~ 4-4.--W ~ ~

11.67 12.25 12.87 13.51 14.19Program Supervisor 4-2:-00 ~ ~ ~ 44.-W

10.80 11.34 11.91 12.50 13.13Recreatiol1 Assistant ~ 9:-8@ ~ 44-S-7 ~

8.45 8.88 9.32 9.79 10.28Lead Referee ~ 9:-8@ ~ 44-S-7 ~

8.45 8.88 9.32 9.79 10.28Referee &24- ~ ~ 9-:-§4 ~

8.00 8.40 8.82 9.26 9.72Recreation Aide &24- ~ ~ 9-:-§4 ~

8.00 8.40 8.82 9.26 9.72

Public Safety Department -- Hourly SalaryEMPLOYEE CLASSIFICATION START STEP 1 STEP 2 STEP 3 STEP 4Police Officer ~ 24-W ~ ~ ~

21.00 22.05 23.15 24.31 25.52Dispatcher 4-&.-e+ ~ .:t-7--:-2-+ 4-8M- 4-9:-G4

14.10 14.81 15.55 16.32 17.14Community Services .:J+-7+ ~ ~ ~ ~

10.54 11.06 11.62 12.20 12.81Receptionist .:J+-7+ ~ ~ ~ ~

10.54 11.06 11.62 12.20 12.81Garage Aid .:J+-7+ ~ ~ ~ ~

4-6


City Hall Division -- Hourly SalaryEMPLOYEE CLASSIFICATIONAccount Clerk/Admin Clerk

Translator (Spanish)

Custodian

Office Assistant

Volunteer Fire Department -- Monthly SalaryEMPLOYEE CLASSIFICATIONAssistant Volunteer Fire Chief

Voll:lnteer Fire Department Treasl:lrer

Elected Officials -- Monthly SalaryMayorCouncil MembersCity ClerkCity Treasurer

4-6

-'

START STEP 1 STEP 2 STEP 3 STEP 4~ ~ 4-4M -1-&.-W ~11.89 12.49 13.11 13.77 14.464-:h@ * * * *9.93 * * * *~ * * * *10.85 * * * *8-:-9-7 9A2 g,.gg ~ 4-G-,OO

8.07 8.48 8.90 9.35 9.81

+-&.-00 monthly67.50+-&.-00 monthly

400 00 monthly300 00 monthly100.00 monthly100.00 monthly

Los Banos EnterpriseEmail Transmittal

One PageJune 01, 2010

Public Notice:

Notice is hereby given that the City Council of the City Los Banos will hold a publichearing for 2010-2011 City Budget (including the RDA Budget) and a public hearing forthe 2010-2011 Appropriation Limitation as follows:

Date: June 16,2010Time: 7:00 p.m.Place: Council Chambers

City Hall520 "J" StreetLos Banos, CA

Questions regarding the above referenced item may be directed to the FinanceDepartment at City Hall or (209) 827-7000.

Please publish Friday June 5, 2010

LOS BanosAi the Crossroads qf CaIU{)rnil1

TO:

FROM:

Chairman & Redevelopment Agency Members

Elaine Post, Redevelopment Agency Director

DATE: June 25,2010

SUBJECT: Adopt a resolution determining that planning and administrativeexpenses included in the Redevelopment Agency's Low and Moderateincome housing fund in the agency's budget for Fiscal Year 2010-2011are necessary for the production, improvement and preservation of lowand moderate-income housing.


Recommendation:Adopt Resolution as submitted.

Background:Section 33334.2(e)(2) of the Health and Safety Code generally restricts anagency's use of monies from the housing fund to on-site or off-siteimprovements that result in the new construction or rehabilitation of affordablehousing units for low or moderate-income persons who directly benefit from theimprovements.

Health and Safety Code sections 33334.3(d) and (e) allow housing funds to beused for "Planning and General Administrative" costs. Paragraph (d) providesthat such costs should "not be disproportionate to the rest of the expenditureswithin the redevelopment agency with the amount spent for the cost ofproduction, improvement or preservation of that housing." Paragraph (e)provides that planning and general administrative costs should be "directlyrelated" to the agency's housing programs, and are limited to:

• Salaries, wages and related costs of agency staff, or services providedthrough inter-agency agreements, and agreements with contractors; and

• Costs incurred by a nonprofit corporation, which are not directly attributed to aproject.

Discussion:Health and Safety Code sections 33334.3(d) and (e) allow housing funds to beused for "Planning and General Administrative". The Agency is required tomake the determination annually that the planning and administrativeexpenses are necessary for the production, improvement, or preservation oflow-and moderate- income housing. The Agency uses Housing funds topay salaries, wages and related costs of agency staff. In addition,consultant services provided are paid with housing funds. The uses of thehousing funds are not disproportional to the rest of the expenditures withinthe Redevelopment Agency and are directly related to staffs efforts toproduce, improve, or preserve affordable housing.

Fiscal Impact:Funds are budgeted and available in the Fiscal Year 2010-2011 RedevelopmentAgency's Budget.

Reviewed by:

Attachments:

Resolution

RESOLUTION NO. 20'0-07

A RESOLUTION OF THE REDEVELOPMENTAGENCY OF THE CITY OF LOS BANOSDECLARING THAT PLANNING ANDADMINISTRATIVE EXPENSES ARE NECESSARYFOR THE PRODUCTION, IMPROVEMENT, ORPRESERVATION OF LOW AND MODERATEINCOME HOUSING DURING FISCAL YEAR 20102011

WHEREAS, section 33334.2(e)(2) of the Health and Safety Code generallyrestricts an agency's use of monies from the housing fund to on-site or off-siteimprovements that result in the new construction or rehabilitation of affordablehousing units for low or moderate-income persons who directly benefit from theimprovements; and

WHEREAS, Health and Safety Code sections 33334.3(d) and (e) allowhousing funds to be used for "Planning and General Administrative" costs; and

WHEREAS, paragraph (e) provides that planning and generaladministrative costs should be "directly related" to the agency's housing programs,and are limited to:

• Salaries, wages and related costs of agency staff, or services providedthrough interagency agreements and agreements with contractors.

• Costs incurred by a nonprofit corporation, which are not directlyattributed to a project;

WHEREAS, Health and Safety Code sections 33334.3(d) states that adetermination (finding) be made by the Agency's governing board stating thatplanning and administrative expenses are necessary for the production,improvement, or preservation of low and moderate- income housing.

NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of theCity of Los Banos that a determination has been made by the RedevelopmentAgency that administrative costs for the Low and Moderate Housing fund aredirectly related to the housing programs and are appropriately charged therein.

The foregoing resolution was introduced at a regular meeting of the Los BanosRedevelopment Agency held of the 25th day of June 2010, by Board Member_____ who moved for its adoption, which motion was duly seconded by BoardMember , and the Resolution was adopted by the following vote:

AYES:NOES:ABSENT:

ATTEST:

Lucille L. Mallonee, Secretary

APPROVED:

Tommy Jones, Chairman

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