LOS BanosUNDERSTANDING BY AND BETWEEN THE CITY OF LOS BANOS AND THE LOS BANOS FIRE FIGHTERS...

LOS Banost the Crossroads of California

www.losbanos.org

AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS520 J Street

Los Banos, California

JULY 3,2013

r ·· ······ ·;;·;;~..;~~~i;~·~;~~~~·~~~;~;; ~;~··~~··;;;~~d·~;·~~;i~;;~·~~·~~·~~~~··~~~;i~;,·;;~;~~ ··;~·;;··;~~ ..· · ·..·.. ····..····.. ··1City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabifities Act (ADA) of 1990.. .. . . . . . .... . ..Si requiere asistencia especial para atender 0 parlicipar en esta junta por favor Ifame a la oficina

de 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.~ , , ' , ;

1--~~;ii~g:~i~~f~~¥:~~~iffgig~;~~~~J~:n~---i,.'on the City's website at www.losbanosorg.* • *. ... *

Cualquier escritura 0 los documentos proporcionaron a una mayoria del Ayuntamiento respecto a cualquierarliculo en este orden del dia sera hecho disponible para la

inspecci6n publica en la reuni6n y en la oficina de la Secretaria de la ciudad en City Half, 520 J Street, Los Banos,Califomia durante horas de oficina normales. Ademas. tales escrituras y los documentos

pueden ser anunciados en el website de ta ciudad en www.losbanos.org..:...~ _..- -.._ _.~_ _ _..__ _ _ _•...•......_.__ - _ _~ _ _ __ __ _ _._ ;

1. CALL TO ORDER 5:00 PM

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)

Faria _, Lewis __' Silveira_, Stonegrove _, Villalta _

4. CONSIDERATION OF APPROVAL OF AGENDA.

5. PUBLIC FORUM. (Members of the public may address the City Council Memberson any item of public interest that is within the jurisdiction of the City Council;includes agenda and non-agenda items. No action will be taken on non-agenda

Los Banos City Council Agenda - July 3, 2013 of 3

items. Speakers are limited to a five (5) minute presentation. Detailed guidelinesare posted on the Council Chamber informational table.)

6. CONSIDERATION OF APPROVAL OF CONSENT AGENDA (Items on theConsent Agenda are considered to be routine and will be voted on in one motionunless removed from the Consent Agenda by a City Council Member.)

A. Check Register for #141935 - #142235 in the Amount of $277,402.52.

Recommendation: Approve the check register as submitted.

B. Council Resolution No. 5498 - Adopting a Revised Budget for the 2012-2013Fiscal Year as it Pertains to Revenues and Expenditures for the CommunityDevelopment Department.

Recommendation: Adopt the resolution as submitted.

7. 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 at, or prior to, the public hearing.)

A Public Hearing - To Receive Public Comment and Consideration of a UsePermit for the Use of a Type 20 Alcohol License to Permit the Off-sale of Beerand Wine for Arco Located at 1550 W. Pacheco Boulevard, Suite B,Assessor's Parcel Number 081-140-039.

1) City Council Resolution No. 5499 - Approving Use Permit #2013-07 forthe Off-Sale of Beer and Wine for AM/PM Located at 1550 W. PachecoBoulevard, Suite B.

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

8 CONSIDERATION OF APPROVAL OF THE ADOPTION OF CITY COUNCILRESOLUTION NO. 5500 APPROVING A MEMORANDUM OFUNDERSTANDING BY AND BETWEEN THE CITY OF LOS BANOS AND THELOS BANOS FIRE FIGHTERS ASSOCIATION.

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

9. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 5501- APPROVING AN AMENDMENT TO DIVISION 5 - PERSONNEL BENEFITSAND DIVISION 5-G - OVERTIME COMPENSATION POLICY OF THE CITY'SPOLICY & PROCEDURES MANUAL RELATING TO UNREPRESENTEDEMPLOYEES.

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

Los Banos City Council Agenda - July 3, 2013 013

10. ADVISEMENT OF PUBLIC NOTICES. (One Report)

11 CITY MANAGER REPORT.

12. CITY COUNCIL MEMBER REPORTS.

A Scott Silveira

B. Elizabeth Stonegrove

C. Tom Faria

D. Deborah Lewis

E. Mayor Michael Villalta

13. CLOSED SESSION.(Members of the public may address the City Council on the following closedsession items. Speakers are limited to a five (5) minute presentation. Detailedguidelines are posted on the Council Chamber informational table.)

A Conference with Legal Counsel - Claimant: Michael Hughes. AgencyClaimed Against: City of Los Banos/Central San Joaquin Valley RiskManagement Authority (CSJVRMA), Pursuant to Government Code Section54956.95.

B. Conference with Labor Negotiators, Pursuant to Government Code Section54957.6, Agency Designated Representatives: City Manager Carrigan, CityAttorney Vaughn, City Clerk/Administrative Services Director Mallonee,Accounting & Budget Supervisor Williams, Legal Counsel Tuffo; EmployeeOrganizations: Los Banos Police Officers Association (LBPOA), Los BanosPolice Sergeants Association (LBPSA), Los Banos PoliceDispatchers/Community Services Officers Association (LBPDCSOA), LosBanos Fire Fighters Association (LBFFA).

14. ADJOURNMENT

I hereby certify under penalty of perjury under the laws of the State of California, that the foregoingagenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting.

~<'.t.'4.. 7'. ~v--.-Lucille L. Mallonee, City Clerk Dated this 28th day of June 2013

Los Banos City Council Agenda July 3, 2013 0(3

CK #141935 - #142235 07/03/13Bank ReconciliationChecks By Date

06/27/2013 - 2:22 PM

User: rsoutoCleared and Not Cleared Checks

$277,402.52

r'osBanos

Check No Check Date Name Comment ModnleVoid Clear Date Amount

141952141953141954141955141956141957141958141959141960141961141962141963141964141965141966141967141968141969141970141971141972141973141974141975141976141977141978141979141980141981141982141983141984141985141986141987141988141989141990141991141992141993141994141995141996141997141998141999142000142001

06114/201306/14/2013061141201306/14/201306/14/2013061141201306114/2013061141201306114/201306114/201306114/201306114/201306/14/2013061141201306114/201306114/201306114/201306114/201306114/201306114/201306114/201306114/201306114/201306114/201306114/201306114/201306114/201306114/201306114/201306/14/2013061141201306114/201306114/201306/14/2013061141201306114/201306114/201306114/201306/14/2013061141201306114/201306114/201306/14/2013061141201306114/201306114/201306114/201306/14/2013061141201306/14/2013

Alert-O-Lite, Inc.Ameripride Valley Unifonn ServAnthony Gomes Electric ServiceJoshua & Jewel GomesAramark Unifonn Ser IncAT&TBank of AmericaBaker Supplies & RepairBrenntag Pacific IncBSKCalaveras Materials IncCa Dept of JusticeCal TrafficCovanta StanislausCentral ConcreteCredit Bureau AssociatesLN Curtis & SonsRuth CarranzaFastenal CompanyFerguson Enterprises Inc DBAGolden State FlowGalls IncHeppner Precision MachineHilmar LumberInterstate Truck Center, LLCThe Iron RodJ W Professional JanitorFiafaimane LeaoLes Schwab Tire Centers of CellLexisnexis Matthew BenderLos Banos Car Wash IncLos Banos Feed & Ranch SupplieLucas Business SystemsMarfab IncJose Melendrez Sr.Merced County AssessorMerced Sun StarMerced Sun StarMerced Uniform & AccessoriesNapa Auto PartsCindy NunesThe Office CityOSEO'Reilly Auto PartsOnTracProtech Security & ElectronicsRecall Secure Destruction ServRonny's LandscapingInsidelines LLCSantos Ford Lincoln Mercury, I

APAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAPAP

1,048.1371.68

720.82415.82198.2242.3048.24

280.613,974.41

462.00960.04

1,552.001,139.641,262.42

101.2524.00

151.2075.00

169.136,884.344,179.21

115.16346.19281.8245.79

2,220.39981.00

22.73122.30451.47

47.0064.65

308.77166.51840.00360.00114.64171.00810.00

16.57500.00224.41646.03435.62

3.59180.00407.96368.00405.91473.12

BR - Checks by Date (06/27/2013 - 2:22 PM) Page

Check No Check Date Name Comment ModuleVoid Clear Date Amount

142002 06114/2013 Save Mart Supennarkets AP 49.36

142003 06114/2013 Sherwin Williams Co AP 263.29

142004 06/14/2013 Sign Solutions AP 99.36

142005 06/14/2013 Silveria Electric AP 475.00

142006 06/14/2013 Soares Lumber & Fence Inc AP 9.72

142007 06114/2013 Sol's Mobile Service AP 190.00

142008 06114/2013 Springbrook Software, Inc. AP 912.00

142009 06114/2013 Sorensens True Value AP 686.59

142010 06114/2013 Karen Soares AP 100.00

14201 I 06114/2013 Teeo Pneumatic Inc AP 323.64

142012 06114/2013 Tractor Supply Credit Plan AP 230.26

142013 06114/2013 U.S. Bank Equipment Finance AP 1,178.47

142014 06/1412013 US Bank Corp Pymt System AP 20,190.31

142015 06/14/2013 Cesar Fernandez ·Zamora AP 26.94

142016 06/14/2013 Hennelina Tigre AP 63.46

142017 0611412013 Blossom Valley Realty, JR Souz AP 47.25

142018 06114/2013 Blossom Valley Realty, JR Souz AP 29.38

142019 06114/2013 Home Sweet Home Property Mana AP 46.42

142020 06114/2013 Home Sweet Home Property Mana AP 43.98

142021 06114/2013 DLP Real Estate, Inc. AP 13.74

142022 06/14/2013 Michael Dopheide AP 19.43

142023 06/14/2013 Michael Dopheide AP 29.38

142024 06/14/2013 Sloan Realty - Richard Angel AP 2.76

142025 06114/2013 Joseph Zapien AP 16.85

142026 06114/2013 Jennifer Dinis AP 37.90

142027 06114/2013 Jun Chen AP 70.79

142028 06114/2013 Pascacio & Marlen Arellanes AP 10.95

142029 06114/2013 Benjamin Brown AP 26.94

142030 06114/2013 Joshua and Teri Bunch AP 20.68

142031 06114/2013 Country Waffle AP 70.00

142032 06114/2013 Sally Espinoza AP 70.00

142033 06/14/2013 Angela Florio AP 100.00

142034 0611412013 Rodolfo & Guillennina Garcia AP 17.21

142035 06114/2013 Stephen & Terri Hammond AP 17.90

142036 06114/2013 Dana & Bonny Howell AP 26.94

142037 06114/2013 Lou's Beauty Salon AP 20.00

142038 06114/2013 Jose & Mayra Resendiz AP 100.00

142039 06114/2013 Ana Reyes AP 16.51

142040 06114/2013 Claudia Rodriguez AP 23.46

142041 06114/2013 Harvey & Brenda Smith AP 70.00

142042 06/14/2013 Word Of Life Church AP 70.00

142043 06114/2013 Absher Global Investments Inc. AP 100.00

142044 06/14/2013 UlaOdeh AP 59.30

142045 06/14/2013 Roger Klette AP 100.00

142046 06114/2013 Manuel & Gabriela Godinez AP 6.78

142047 06114/2013 Mario De La Rosa AP 100.00

142048 06114/2013 Ken & Jeri Butler AP 100.00

142049 06114/2013 Linda and Jose Saavedra AP 22.77

142050 06114/2013 Fred Carson AP 100.00

142051 06114/2013 Linda Hickson AP 26.24

142052 06114/2013 Sandy Obeso AP 15.12

142053 0611412013 Beatriz Cardenas AP 8.17

142054 06114/2013 Veronica Seaborn AP 100.00

142055 06114/2013 Jason Flavetta AP 100.00

142056 06/14/2013 Daniel and Sommer Sorenson AP 100.00

142057 06/1412013 Raul & Doris Morales AP 100.00

142058 06/14/2013 Andrea Gonzalez AP 23.46

142059 06/14/2013 Robert & Landra Lindstrom AP 24.85

142060 06/14/2013 Jesus & Gladis Chavez AP 100.00

142061 06114/2013 Freddie Jackson AP 100.00

142062 06114/2013 Shambhu Sharma AP 26.94

142063 06114/2013 John Morrison AP 19.99

BR - Checks by Date (06/27/2013 - 2:22 PM) Page 2


142064 0611412013 Junior Tovar AP 26.94

142065 06/1412013 Robert or Carrie St Marie AP 16.51142066 06/1412013 Hilda or Danny Lopez AP 100.00142067 06/1412013 Benjamin Becker AP 24.00

142068 0611412013 Vicky Nguyen AP 26.94

142069 06/1412013 CindyNgu AP 100.00

142070 0611412013 Cynthia Silva AP 100.00142071 06/1412013 Maria Gutierrez AP 24.16142072 06/1412013 Tangel's Total Image-Caropreso AP 100.00142073 0611412013 Adam Morales AP 100.00

142074 06/1412013 Andres and Adriana Rubio AP 26.94

142075 06/1412013 Martin Almaraz AP 18.60142076 06/1412013 Alberto Balvaneda Contreras AP 26.94142077 0611412013 Alma and Salvador Centeno AP 100.00142078 06/1412013 Jose and Lucinda Roman AP 12.34142079 06/1412013 Rosemary Zuniga AP 26.94

142080 06/1412013 Yolanda Nardozzo AP 26.94

142081 06/1412013 Anastacia Perez AP 26.24

142082 06/1412013 Jamie and Misty Navarro AP 26.94142083 0611412013 Masoud Jannesari AP 26.94142084 0611412013 Vesta Merrell AP 100.00142085 06/1412013 Francisco Quiroz AP 100.00

142086 06/1412013 Raymond Hammersley AP 23.46142087 06/1412013 Juan Camarena AP 26.94

142088 06/1412013 Cynthia Puno AP 100.00142089 06/1412013 Stephanie Ramirez AP 17.90142090 06/1412013 Michael Arbuckle AP 8.17142091 06/1412013 Law Offices of William A Vaugh AP 4,441.25

142092 06/1412013 Michael G. Villalta AP 423.19142093 0611412013 VFW & Legion AP 120.00142094 06/1412013 Westside Water Conditioning AP 144.00142095 0611412013 Windecker Inc AP 26,561.19142096 0611412013 Young's Air Conditioning AP 221.00142097 0611412013 YDung's Automotive AP 871.69142098 0612012013 Afiae-Customer Service AP 171.24142099 0612012013 Afiae-Customer Service AP 158.15

142100 0612012013 Afiae-Customer Service AP 24.85142101 0612012013 Afiae-Customer Service AP 92.34

142102 0612012013 Bank of America AP 91,059.16142103 0612012013 Bank of America AP 2,414.08142104 0612012013 Bank of America AP 10,622.26142105 0612012013 Hartford Life Ins Co AP 975.59142106 0612012013 Hartford Life Ins Co AP 5,177.50142107 0612012013 ICMA-RC Headquarters AP 705.00142108 0612012013 Los Banos Fitness & AP 690.00142109 0612012013 Los Banos Police Assn AP 2,204.00142110 0612012013 Nationwide Retiremt Solut AP 1,315.00142111 0612012013 PERS Long Tenn Care AP 136.03142112 0612012013 Professional Fire Fighter AP 630.00142113 0612012013 State Disbursement Unit AP 2,031.00142114 0612012013 Esilda Torres AP 70.00142115 0612012013 Robert Sanchez AP 100.00142116 0612012013 Victor And Loretta Sandoval AP 12.60142117 0612012013 Kimberly Ann Turner AP 71.50142118 0612012013 Hilda Estrada AP 9.89142119 0612012013 Chandra MUITay AP 148.85142120 0612012013 Rigoberto Alvarado AP 14.76142121 0612012013 Jesus Macias AP 14.76142122 0612012013 Luis & Maria Perez AP 1.55142123 0612012013 Pamela Rivers AP 7.46

142124 0612012013 Rudy Flores AP 48.85142125 0612012013 Westamerica Bank ~ Cafeteria P AP 8,115.54

BR - Checks by Date (0612712013 - 2:22 PM) Page 3


142148 06/2112013 Alhambra AP 158.16

142149 06/21/2013 A & A Portables Inc AP 123.90

142150 06/2112013 Alert-O-Lite, Inc. AP 310.93

142151 06/2112013 Ameripride Valley Unifonn Serv AP 323.44

142152 06/21/2013 Anthony Gomes Electric Service AP 3,063.37

142153 06/21/2013 Aramark Unifonn Ser Inc AP 423.87

142154 06/21/2013 AT&TIMCI AP Void 295.74

142155 06/21/2013 AT&T AP 828.52

142156 06/2112013 Baker Supplies & Repair AP 26.36

142157 06/21/2013 Timothy Baptista AP 150.00

142158 06/2112013 B1's Consumers Choice AP 672.07

142159 06/21/2013 BlueTarp Financial, Inc. AP 95.48

142160 06/21/2013 Board of Equalization AP 1,311.00

142161 06/21/2013 Brinks Inc. AP 517.88

142162 06/2112013 BSK AP 215.00

142163 06/21/2013 CWEA AP 140.00

142164 0612112013 Ca Dept of Justice AP 96.00

142165 06121/2013 Cit Technology Fin Serv, Inc. AP 1,251.14

142166 0612112013 City of Merced AP 150.00

142167 06/2112013 Clark Pest Control Inc AP 215.00

142168 06/21/2013 Corneast AP 85.65

142169 06/2112013 Maria Costa AP 600.00

142170 06/21/2013 Double D. Towing LLC AP 45.00

142171 06/2112013 D & S Fox DBA Swan Pools AP 240.99

142172 06/21/2013 Electric Drives Inc AP 723.11

142173 0612112013 Brian Elms AP 150.00

142174 06/21/2013 Fastenal Company AP 68.15

142175 06/21/2013 Ferrellgas, Inc. AP 31.48

142176 06/21/2013 Food 4 Less AP 37.08

142177 06/21/2013 Frasier lnigation, Inc. AP 325.78

142178 06/21/2013 Fresno City College AP 67.00

142179 06/21/2013 Fresno Truck Center AP 256.52

142180 06/21/2013 Lorenzo Garcia AP 109.05

142181 06/21/2013 Genesis Painting AP 1,300.00

142182 06/2112013 Darrall Gargano AP 398.96

142183 06/21/2013 GFOA AP 550.00

142184 06/2112013 Mary Lou Gilardi AP 31.16

142185 06/21/2013 Mary Garcia AP 500.00

142186 06/21/2013 George Alan Construction AP 109.20

142187 06/21/2013 Anthony Gomes AP 1.00

142188 06/21/2013 Halo Branded Solutions Inc. AP 251.47

142189 06/21/2013 Helena Chemical Co Inc AP 745.20

142190 06121/2013 Heppner Precision Machine AP 97.20

142191 06/21/2013 Hi Tech Emergency Vehicle Serv AP 192.23

142192 0612112013 Index Products Inc. AP 238.81

142193 06/21/2013 Innovative Playgrounds Co., LL AP 186.00

142194 06/21/2013 Angela Jacquez AP 420.00

142195 06/2112013 Language Line Services AP 7.39

142196 06/2112013 Lehigh Hanson HeidelbergCement AP 877.18

142197 06/2112013 Lucas Business Systems AP 797.16

142198 06/21/2013 Marfab Inc AP 832.22

142199 06/21/2013 McNamara Sports Inc AP 16.62

142200 06/21/2013 Merced Sun Star AP 1,012.35

142201 06121/2013 Napa Auto Parts AP 684.96

142202 06/21/2013 The Office City AP 217.06

142203 06/21/2013 OSE AP 1,696.37

142204 06/2112013 OnTrac AP 75.39

142205 06/2112013 Outdoor Creations, Inc.. AP 145.80

142206 06/2112013 P G & E Company AP 10.46

142207 06/2112013 The Paper AP 448.20

142208 06/21/2013 Pinnacle Medical Group AP 383.00

142209 06121/2013 Pitney Bowes Inc AP 732.00

BR - Checks by Date (06/27/2013 - 2:22 PM) Page 4


142210 06/2112013 Provost and Pritchard Engineer AP 582,85142211 06/21/2013 Pro Clean Supply AP 72.13142212 06/2112013 Protech Security & Electronics AP 60,00142213 06121/2013 Radio Shack Accounts Rec AP 26,99142214 06/2112013 Rick's Auto Body AP 1,125,75142215 06/21/2013 SNUAPCD AP 197,00

142216 06/2112013 Santos Ford Lincoln Mercury, I AP 96,02142217 06/2112013 Save Mart Supennarkets AP 109,85142218 06/21/2013 Sharpening Shop AP 37.50142219 06/2112013 Sharper Technology, INC. AP 15,349,12142220 06/2112013 Snap On Tools AP 91.79142221 06/2112013 Sol's Mobile Service AP 95,00142222 06/2112013 Sorensens True Value AP 1,494,30142223 06/2112013 Spriggs Inc, AP 692,83142224 06/2112013 Sprint AP 679,83142225 06121/2013 SRPSTC AP 117,00142226 06/2112013 Telstar Inc AP 1,050,00142227 06/21/2013 Kourosh Sarkhosh AP 14,76142228 06/2112013 Verizon Wireless AP 155,78142229 06/2112013 Wa1mart AP 615,33142230 06/21/2013 Westside Water Conditioning AP 279,00142231 06/21/2013 Windecker Inc AP 978.45142232 06/2112013 Young's Air Conditioning AP 411.00142233 06/2112013 Young's Automotive AP 829.49142234 06/2112013 Zoom Imaging Solutions, Inc. AP 191.69142235 06/26/2013 United States Post Office AP 3,120,04

Total for Valid Checks: 277,402.52

Break in Check Sequence due to the followingCheck # 141935 - 141950 (Voided Checks)Check # 141951 (Payroll Check)Check # 142126-142147(Payroll Checks)

BR - Checks by Date (06/27/2013 - 2:22 PM)

Total Valid Checks:Total Void Checks:

Total Checks:

Page

261I

262

5

rosBanos

TO:

FROM:

DATE:

Agenda Staff Report

Mayor & City Council Members

paUI~gerald, AICP, Community Development Director

July 3,2013

SUBJECT: Budget Adjustment

TYPE OF REPORT: Consent Agenda

Recommendation:

Staff recommends the City Council adopt a resolution to revise the budget for the 20122013 Fiscal Year as it pertains to changes in revenues and expenditures.

Background:

The City Council may amend the budget by resolution, adjusting the overallappropriation levels in each fund at any time during the fiscal year if funds are available.Increased appropriations are likely to be recommended to either solve a current yearproblem, or address a critical service need. It is important to note that Staffcontinuously researches, calculates, and refines the fiscal impacts associated with thecurrent year's budget.

Discussion:

The requested increases to the budget include several adjustments in expenditures andone adjustment in revenue to better align the current year budget.

General Fund - Expenditures

Staff recommends that Council increase the General Fund budgeted expenditures by$3,300 and the General Fund budgeted revenues by $3,800. The changes wouldinclude:

• An increase to the Community Development Department of $2,450 forProfessional Services. The funds will be used to pay attorney fees andmiscellaneous expenses associated with processing planning applications (i.e.

site plan reviews, use permits). There will be an offset to revenue in the form ofpayment from applicants for reimbursement for staff time, attorney time, andassociated expenses.

• An increase to the Community Development Department of $800 for Advertising.The funds will be used to pay advertising in the Los Banos Enterprise and therewill be an offset to revenue for applicant reimbursement.

• An increase to the Community Development Department of $50 forCommunications, this money will be used to pay for telephone service. Therewill be an offset to revenue from application fees.

General Fund - Revenues

• An increase in Zoning & Planning Revenues of $3,800, to payments by projectapplicants.

Fiscal Impact:

Attached is a schedule showing a detail account of requested changes to the Budget for2012-2013 Fiscal Year (Exhibit A). Staff requested to increase revenue by $3,800 andexpenditures by $3,300.

Attachments:

Resolution - Adopting a Revised Budget for 2012-13 Fiscal YearExhibit A - Budget Adjustment Schedule

Reviewed by:

RESOLUTION NO. __

A RESOLUTION OF THE CITY OF LOS BANOS ADOPTING AREVISED BUDGET FOR THE 2012-2013 FISCAL YEAR AS IT

PERTAINS TO REVENUES AND EXPENDITURES

WHEREAS, the City Council of the City of Los Banos has been presentedan amendment to the 2012-2013 Fiscal Year budget; and

WHEREAS, the City Council of the City of Los Banos may adjust theoverall appropriation levels in each fund at any time during the Fiscal Year byaction to amend the budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Cityof Los Banos hereby amends the 2012-2013 Fiscal Year shown in Exhibit A.

BE IT FURTHER RESOLVED that within each fund in Exhibit A, theoriginal adopted revenues and expenditures are revised.

The foregoing resolution was introduced at a regular meeting of the LosBanos City Council held on the 3rd day of July 2013, by Council Member-=-_-,-,-,...,--.,.- who moved for its adoption, which motion was duly seconded byCouncil Member , and the Resolution was adopted by thefollowing vote:

AYES:NOES:ABSENT:

APPROVED:

Michael Villalta, MayorATTEST:

Lucille L. Mallonee, City Clerk

Fund1 General2 General3 General4 General

DescriptionProfessional ServicesAdvertisingCommunicationsZoning & Planning

Exhibit A

Budget Adjustments

Account Increase Decrease100-419-100-231 $ 2,450.00 $ Expenditure100-419-100-253 $ 800.00 $ Expenditure100-419-100-252 $ 5000 $ Expenditure100-000-341-032 $ 3,800.00 $ Revenue

$ 7,100.00 $

Page 1 of 1

LOS Banos}t· ( i I r f iii·" ; .-,

TO:

FROM:

DATE:

Agenda Staff Report

Mayor Villalta & City Council Members

Paula~gerald, Community Development Director

July 3,2013

SUBJECT: AM/PM Convenience Store Badger Flat & Pacheco

TYPE OF REPORT:

Recommendation:

Public Hearing

Staff recommends the City Council makes the appropriate findings and adoptsResolution No. approving Use Permit #2013-07 for the use of a Type 20 alcohollicense for the off-sale of beer and wine for AM/PM at 1550 W. Pacheco Blvd.

Discussion:

The applicant has applied for a Use Permit for a Type 20 alcohol license to permit theoff-sale of beer and wine for AM/PM located at 1550 W. Pacheco Blvd. in the HighwayCommercial zoning district. The property was previously entitled for a gas station andconvenience store with a co-branded fast food restaurant. The convenience store isAM/PM, the gas is Arco and the fast food restaurant is McDonald's. The applicant'sintent is to meet the demands of their consumers and allow the convenience store tocompete with businesses similar in nature. The applicant was able to obtain an existingbeer and wine license from a previous license holder for use at their site

Project Location:The Project Site is located at 1550 W. Pacheco Blvd. and is located at the northwestcorner of Badger Flat and Pacheco Blvd., as shown.

USE PERMIT ANALYSIS

Code RequirementsA use permit, as specified in the Los Banos Municipal Code Section 9-3.2322, isrequired for any establishment dispensing for sale or other consideration alcoholicbeverages, including beer and wine, for on-sale or off-sale. A use permit may begranted if the proposal is conforming to the following criteria:

On-Sale and Off-Sale Alcoholic Beverages (Alcohol):

1. That the proposal will not contribute to undue proliferation of such uses in anarea where additional ones would be undesirable with consideration given to thearea's function and character, problems of crime and loitering, and trafficproblems and capacity;

2. That the proposal will not adversely affect adjacent or nearby churches, temples,or synagogues; public, parochial, or private elementary, junior high, or highschools; public parks or recreation centers; or public or parochial playgrounds;

3. That the proposal will not interfere with the movement of people along animportant pedestrian street; and

4. That where the proposed use is in close proximity to residential uses, andespecially to bedroom windows, the use will be limited in hours of operation, ordesigned operated so as to avoid the disruption of residents' sleep between thehours of 10:00pm and 7:00am.

Staff believes that this proposal is conforming to the criteria set forth in the MunicipalCode and General Plan and is compatible with the area. The project will not contributeto the proliferation of alcohol in the area or cause an increase in crime in that theproposed use will be ancillary to the convenience merchandise of the existing store.The proposal is not in close proximity to places of worship, schools, or playgrounds.Staff believes that the proposal will not have an affect with the movement of people inthat no alcohol will be allowed to be consumed on-site at any time. In addition, theproject will be subject to conditions which will mitigate any adverse affects on thesurrounding neighborhood.

Alcoholic Beverage ControlThe Alcoholic Beverage Control Board (ABC) has the authority according to Section23801 of the Business and Professions Code to exercise certain conditions under thelicense, the personal qualifications of the licensee, the conduct of the business or thecondition of the premises, which will protect the public welfare and morals, including, butnot limited to, the following:

a) Restrictions as to hours of sale.

b) Display of signs.

c) Employment of designated persons.

d) Types and strengths of alcoholic beverages to be served where such types or

strengths are otherwise limited by law.

e) The portion of the privileges to be exercised under the license.

f) The personal conduct of the licensee.

ABC may also refuse to issue a license to any person who has violated the AlcoholicBeverage Control Act, has a disqualifying criminal record, or is otherwise disqualified.

Project SpecificsThe beer will be kept in specific coolers and area. The store has a state of the artcamera system that covers the interior as well as exterior and even has a facial andlicense plate recognition feature. All display areas are monitored by a security camera.The majority of gas station/convenience stores within the City have the same off-salelicense and the allowance of a use permit and license will allow them to be competitivewith businesses that are similar in nature.

Public Comment:A public hearing notice was published in the Los Banos Enterprise on June 21,2013.As of the date of this staff report, no comments have been received.

Fiscal Impact:

None

Reviewed by:

sfib..=Attachments:

1. Resolution No. ----,::=-=-=-Exhibit A -CEQA FindingsExhibit B-Findings of ApprovalExhibit C-Conditions of Approval

2. Floor Plan

3. Security Plan

4. Public Hearing Notice

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THECITY OF LOS BANOS APPROVING USE PERMIT#2013-07 FOR THE OFF-SALE OF BEER ANDWINE FOR AM/PM LOCATED AT 1550 W.PACHECO BOULEVARD, SUITE B

WHEREAS, the applicant has requested that the City of Los Banos consider aUse Permit to allow a Type 20 alcohol license for the off-sale of beer and wine forAM/PM located at 1550 W. Pacheco Blvd., Ste. B; further identified as Assessor'sParcel Number: 081-140-039; and

WHEREAS, it has been found that the proposal will not contribute to undueproliferation of crime, loitering or create traffic problems or capacity issues; and

WHEREAS, it has been found that the proposal will not adversely affectchurches, schools or public areas; and

WHEREAS, it has been found the proposal will not interfere with the movementof people along an important pedestrian street; and

WHEREAS, the use is located and will be operated so as to avoid disruption ofresidents sleep; and

WHEREAS, Use Permit #2013-07 has been determined to be categoricallyexempt from the provisions of CEQA per Article 19, Section 15301 -Existing Facilities;and

WHEREAS, the Los Banos Planning Commission held a public hearing,reviewed said Use Permit request and recommended approval; and

WHEREAS, the City Council of the City of Los Banos has considered therequest in accordance with the Use Permit criteria established in Section 9-3.2322 ofthe Los Banos Municipal Code.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Cityof Los Banos does hereby approve Use Permit #2013-07 to allow the off-sale of beerand wine in conjunction with an ABC License, Type 20, for AM/PM located at 1550 W.Pacheco Blvd. Ste B, subject to the Conditions of Approval set forth in Exhibit C,attached hereto and incorporated herein by this reference.

The foregoing Resolution was introduced at a regular meeting of the City Councilof the City of Los Banos held on the 3rd day of July 2013, by Council Member _

1

who moved its adoption, which motion was duly seconded by Council Member _and the Resolution adopted by the following vote:

AYES:NOES:ABSENT:

APPROVED:

Michael Villalta, Mayor

ATTEST:


2

EXHIBIT A

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FORUSE PERMIT #2013-07 - AM/PM

Pursuant to the requirements of California Public Resources Code Section 21000et seq. (CEQA) and Title 14, California Code of Regulations 15000 et seq. (theCEQA Guidelines), the City as Lead Agency under CEQA adopts the followingfindings required by CEQA, along with the facts and evidence upon which eachfinding is based.

The City of Los Banos City Council hereby finds as follows:

1. Pursuant to CEQA, the CEQA Guidelines, and the City of LosBanos Environmental Quality Guidelines, the project wasevaluated within the context of those guidelines and found to becategorically exempt from the provisions of CEQA - Article 19,Section 15301. The request of Use Permit 2013-07 for the useof a Type 20 alcohol license for the off-sale of beer and wineinvolves the permitting and licensing of an existing privatestructure and involves no expansion of the existing building.

2. Use Permit #2013-07 was adequately noticed on June 21,2013for consideration at a public meeting on July 3, 2013.

3. No further environmental documentation is required as the UsePermit was contemplated and adequately analyzed in the initialreview.

4. The proposal is consistent with the Los Banos General Plan asit meets the use specified within.

5. The proposal is consistent with the Los Banos ZoningOrdinance as it meets the use requirements specified withinSections 9-3.901 to 9-3.906 and 9-3.2322 of the Code.

EXHIBIT B

FINDINGS FOR APPROVAL OF USE PERMIT #2013-07 - AM/PM

FINDINGS FOR APPROVAL:

The City of Los Banos City Council hereby finds as follows:

1. The project is consistent with the City of Los Banos General Plan"Commercial" designation in that the project meets the use specifiedwithin.

2. The proposal is consistent with the Los Banos Municipal Code in that itmeets the criteria and required findings as specified in Section 9-3.2322 ofthe Code.

3. The proposed use will not be a nuisance or detrimental to the publichealth, safety, morals, comfort, and general welfare of the personsresiding or working in the neighborhood of such proposed use in that theproposed use will be conducted in the Highway Commercial zoning districtwhere similar uses are already being utilized in the area and also will notresult in significant operational changes to the existing commercial area.

4. The proposed Use Permit is compatible with the adjacent uses, propertiesand neighborhoods and will not be detrimental or injurious to property andimprovements in the neighborhood or to the general welfare of the City inthat the requested use will be secondary to the sale of gas andconvenience items.

5. The proposal will not contribute to undue proliferation of alcohol sales inan area where additional ones would be undesirable with considerationgiven to the area's function and character, problems of crime and loiteringand traffic problems and capacity because the operational characteristicsof the store, with the addition of alcohol sales, will not contribute to anincrease in crime. Furthermore, the sale of alcohol will be ancillary to theprimary use of the store.

6. The proposal will not adversely affect adjacent or nearby churches,temples, or synagogues; public, parochial, or private elementary, juniorhigh, or high schools; public parks or recreation centers; or public orparochial playgrounds in that provisions have been added to theConditions of Approval (Exhibit C) to ensure that all nearby uses will notbe adversely affected by the proposed use.

7. The proposed use will not interfere with the movement of people along animportant pedestrian street as on-site consumption of alcohol will not bepermitted at any time on the premises.

EXHIBIT C

CONDITIONS OF APPROVAL FOR USE PERMIT #2013-07 - AM/PM

Planning:

1. Use Permit 2013-07 is for AM/PM located at 1550 W. PachecoBoulevard, Suite B; more specifically identified as Assessor's ParcelNumber: 081-140-039 and the requested use shall expire after one (1)year from date of approval by the Los Banos City Council unlessimplemented. The City for cause may revoke this Use Permit.

2. The applicant shall comply with all other requirements, laws andpolicies of other governmental agencies in the conduct and operationof said business.

3. The applicant shall obtain and maintain an active Type 20 "Off-SaleBeer and Wine" license as defined by the Department of AlcoholicBeverage Control and shall provide a copy of said license uponissuance by the Alcoholic Beverage Control to the PlanningDepartment prior to the sale of alcohol on the premises.

4. A copy of these Conditions of Approval and the California Departmentof Alcoholic Beverage Control license are required to be kept on thepremises and presented to any law enforcement officer or authorizedCity official upon request.

5. The applicant shall be responsible for maintaining the property free oflitter at all times in the parking lot area and the areas adjacent to thepremises over which they have control.

6. The Planning Commission/City Council reserves the right to reviewand/or revoke this permit should the applicant not adhere to theConditions of Approval. The City may amend or impose newconditions to mitigate adverse affects in the neighborhood resultingfrom the use of alcohol on the premises.

7. The applicant agrees to indemnify, hold harmless, and defend the Cityof Los Banos, its officers, agents and employees from any and allliability or claims that may be brought against the City of Los Banosarising out of its approval of this permit, or the environmentaldetermination rendered in connection with the permit approval, orarising out of the operation of the use or uses allowed under thepermit, save and except that caused solely by the City's activenegligence.

8. The exterior of the premises, including adjacent public sidewalks andthe parking lot areas, shall be illuminated during all hours of darknesswhen the premises are open for business in a manner so that personsstanding in those areas at night are identifiable by law enforcementpersonnel.

9. The premises shall be operated primarily as a gas station/conveniencestore as described in the application prepared by the applicant andfiled with the Planning Department. Any substantial or significantchanges in use or operation of the premises may cause a review,amendment or revocation of the Use Permit.

10. The premises of the subject site shall not be inconsistent with theConditions of Approval and shall not be operated in a manner thatdeviates from the approved use permit or filed application, which shallconstitute a violation and may result in the revocation or modification ofthe permit upon written notice to the owner of the subject site.

11.Authorization of a Use Permit granted pursuant to the provisions ofSection 9-3.2322 of the Los Banos Municipal Code shall run with theland and shall continue to be valid upon change of ownership of thesite or structure which was the subject of the use permit applicationprovided the use shall be subject to all provisions of the MunicipalCode and all conditions placed on approval of the Conditional UsePermit are continually met.

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LOS Banos-----..,....__...._----"......."..--------------..."........

COMMUNITY DEVELOPMENT DEPARTMENT

Date: June 21, 2013

Regarding: Notice of Public Hearing

Proposal: Use Permit #2013-07 - Arco Service Station

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos CityCouncil to consider a Use Permit for the use of a Type 20 alcohol license to permit theoff-sale of beer and wine for Arco. The requested Use Permit is located at 1550 W.Pacheco Blvd., Ste. B, more specifically described as Assessor's Parcel Number: 081140-039.

The Los Banos Planning Commission held a public hearing on June 12, 2013 for thepurpose of considering the above mentioned project. At the completion of the publichearing, the Planning Commission duly considered all evidence presented andrecommended approval of Use Permit #2013-07 to the Los Banos City Council.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of theCity Council on Wednesday, July 3, 2013 at 5:00 p.m. in the Council Chambers of LosBanos City Hall located at 520 "J" Street. Questions regarding the above-referenceditem may be directed to Stacy Elms, Assistant Planner at City Hall or at (209) 827-7000,Ext. 133.

Persons wishing to provide oral comments on the described proposal may do so at thismeeting or may provide written comments on this matter prior to the public meeting.Written comments may be sent by U.S. Mail or hand delievered to the City of Los BanosCity Hall at 520 "J" Street, Los Banos, California 93635. If no comments are receivedprior to or on the above date, it will be assumed that no comments are being offered.The public is also informed that should this matter, at some future date go to court, courttestimony is limited to only those issues raised at the hearings per Government CodeSection 65009.

THE CITY OF LOS BANOS

Stacy Souza ElmsAssistant Planner

LOS Banos

TO:

FROM:

DATE:

Agenda Staff Report

Mayor & City Council Members

Lucy Mallonee, MMC~City Clerk/Administrative Services Director

July 3,2013

SUBJECT: Approval of a Memorandum of Understanding (MOU) between the City ofLos Banos and the Los Banos Fire Fighters Association (LBFFA)

TYPE OF REPORT:

Recommendation:

Agenda Item

Adopt the Resolution approving the MOU between the City of Los Banos and theLBFFA.

Discussion:

The City has bargained in good faith with the LBFFA and reached agreement on a newMOU through June 30, 2014. The changes to the MOU include:

Elimination of the 2.5% of salary contribution to the employees CafeteriaPlan that pays for employees' vision, dental, life and health insurance.

Clarification on the 2013 Health Rate Allowance for employees hired on orafter April 1, 2010.

Clarification on the pension rate (2.7% @ 57) for employees hired on orafter January 1, 2013 and considered new members of CalPERS asdefined by the Public Employee Pension Reform Act (PEPRA).

Reform to the Call Back Policy to allow three (3) hours instead of four (4)hours of pay when employees are "called back" into work when "off duty".

Allow the accumulation of Compensatory Time Off (CTO) in lieu ofOvertime (OT) when "moving-up" in classification.

For the fourth year in a row, merit increases will remain suspended and salary rangeswill remain unchanged.

Fiscal Impact:

The fiscal impact to the Fiscal Year 2013/2014 Budget amounts to $12,202 for theGeneral Fund, $13,363 for Measure PIA, and $5,111 for Fire Community FacilitiesDistrict (CFD), for a total impact of $30,676 for all funds.

Once agreements with all bargaining units have been approved and ratified, staff willanalyze the total fiscal impact and prepare a budget adjustment if necessary, or includethe amendment during the mid-year budget review.

Reviewed by:

~Steve Carrigan, City Manager

Attachments:

Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THECITY OF LOS BANOS APPROVING AMEMORANDUM OF UNDERSTANDING BY ANDBETWEEN THE CITY OF LOS BANOS AND THELOS BANOS FIRE FIGHTERS ASSOCIATION

WHEREAS, the City Council of the City of Los Banos has received a request toapprove a Memorandum of Understanding by and between the City of Los Banos andthe Los Banos Fire Fighters Association; and

WHEREAS, the Memorandum of Understanding will be in effect from July 1,2013 to June 30,2014.

NOW, THEREFORE, BE IT RESOLVED that the Memorandum ofUnderstanding by and between the City of Los Banos and the Los Banos Fire FightersAssociation is hereby approved as submitted as "Exhibit A" respectively.

PASSED AND ADOPTED this 3'd day of July 2013, at a regular meeting of theCity Council by the following vote:

AYES: Council MembersNOES:ABSENT:

APPROVED:

Michael Villalta, Mayor

ATIEST:


EXHIBIT A

TENTATIVE AGREEMENT BETWEENCITY OF LOS BANOS

AND LOS BANOS FIRE FIGHTERS' ASSOCIATION2013-14

The following document contains the Tentative Agreement between the City ofLos Banos (hereinafter called "City") and the Los Banos Fire Fighters' Association(hereinafter called "LBFFA" or "Association") (hereinafter collectively called "the parties")on wages, hours and terms and conditions of employment. The salaries, hours, fringebenefits and working conditions set forth have been mutually agreed upon by thedesignated bargaining representatives of the City and the Association, and will apply toall workers covered by the Memorandum of Understanding (MOU) between the City andthe Association.

Upon ratification and adoption, this Agreement will amend the MOU between theparties dated July 1, 2012 - June 30, 2013.

This amended MOU shall supersede all other Memoranda of Understanding andAgreements between the parties. The amended MOU shall supersede all otherMemoranda of Understanding and agreements between the parties. Language in theMOU between the parties not amended by this Tentative Agreement will remainunchanged. The parties agree that any and all Tentative Agreements are herebyincorporated. Any outstanding proposals not agreed to are hereby withdrawn by theparties.

This Tentative Agreement is subject to ratification by Association membershipand approval by the City Council of the City of Los Banos.

FOR~~

Approved:

- ...Date: _

1

F

Date,,--:~H;I\W'r-t'----;"'--r------

Ratified:

Date:



TERM: One year term {July 1, 2013 or date of first full pay period ratification andapproval (whichever is later) until June 30,2014).

SALARY: Salary schedules will not be increased during the term of this agreement.

CAFETERIA PLAN: Effective the first full pay period following July 1, 2013 or date offirst full pay period ratification and approval, whichever is later, Section VII - Benefitswill be amended as follows:

SECTION VII - Benefits: The City will contribute toward the City sponsoredbenefit plans during the life of this Memorandum of Understanding as follows:

B. Cafeteria Plan

1. For Employees Hired Before April 1, 2010: The City will provide, on a monthlybasis, a Cafeteria Plan Allowance in the following amount:

a. The employee's (and dependent, if applicable) health care premium, up toa maximum of the amount of the Blue Shield HMO premium for theemployee's selected level of coverage;

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 the employee's (and dependents, if applicable) dental and vision planpremiums, up to a maximum of $73.00 per month;

e. Minus the equivalent of 2.5% of the individual employee's salary.

2. For Employees Hired On or After April 1. 2010: The City will provide, on amonthly basis, a Cafeteria Plan Allowance listed below, based on the employee'slevel of health care coverage, minus the equivalent of 2.5% of the int!iviGtfalemployee's salary:

2012Employee Only: $677.69Em~ee plus One: $1,241.44Employee plus Family: $1,438.75

2



Employee Only: $747.53Employee plus One $1,369.55Employee plus Family: $1,587.26

Upon receipt of 2014 health premium rates, the parties will meet and confer over theCity-provided cafeteria plan allowance for second tier employees (hired on or after April1,2010)H

CALL BACK: Effective the first full pay period following July 1, 2013 or date of first fullpay period ratification and approval, whichever is later, call back compensation will beamended as follows:

Employees who are required to report to work during assigned off duty hoursshall be entitled to receive a minimum of four two (2) three (3)hnurs Oall Outcompensation even though the actual time worked was Jess :than fBtlf-..!'!tsL.GDthree (3) hours; except in the following instances:

1. In the event the off duty time being worked extends into or beginsimmediately following the employees assigned shit, he/she shall beentitled to compensation for only the actual off duty hours worked.

2. In the event the off duty time being worked is in response to a specialassignment mutually agreed upon between the emplo,ee and the City, theemployee shall be entitled to compensation for only the actual hoursworked.

3. Employees shall be entitled to receive the foBr ~(~) three hours CallBack Pay only one (1) time during any Twenty-Four (24) hour period. ATwenty-Four hour period, for the purpose of this benefit, shall beconsidered as 0001 hours-2400 hours. Essentially, an employee couldbe called out several times during a given Twenty-Four hour period andwould receive foBr ~(~) three hours compensation if the total hoursworked were four tl'lO @ three (3) or less. Conversely, if the total hoursworked exceeds fOUF two (2) three (3). the employee would becompensated for the actual hours worked.

PEPRA: Qualifying employees hired on or after January 1, 2013 and considered newmembers of CalPERS as defined by the Public Employee Pension Reform Act (PEPRA)will receive the 2% at age 50 increasing to 2.7% at age 57 retirement formula, and shallbe subject to the provisions of PEPRA, including provisions governing reportablecompensation.

3


AND LOS BANOS FIRE FIGHTERS' ASSOCIATION2013·14

APPENDIX B: WORKING OUT OF CLASSIFICATION

"Working out of Classification" is defined as temporary assignment to a higherclassification.

Compensation for move-up assignments in the amount of 5% will apply.

At the sole discretion of the Fire Chief, or in accordance with the overtime hiring policy,the Department can move up a Firefighter into an Engineer's position or an Engineerinto a Captain's position from within the employees on that crew or shift. Assignmentsmay be on a rotational basis. Working out of class assignments will not be noted on theshift coverage rotational list.

In the event the Fire Chief determines that move up coverage is required for anEngineer's regularly scheduled shift, a Firefighter scheduled to work a five-person shiftand assigned to the station at which the Engineer is off will move up to Engineerposition to cover the shift (Le., Fire Station #1 Engineer is off duty, Station #1'sFirefighter will move to up cover the Engineer position. Fire Station #2 Engineer is offduty, Stations #2's Firefighter will move up to cover the Engineer position.)

In the event the Fire Chief determines move up coverage by a Firefighter is requireddue to an Engineer declining an overtime shift, a Firefighter may move up to anEngineer position at a different station (Le., a Firefighter from Station #1 may move upand work as an Engineer at Station #2, or a Firefighter from Station #2 may move upand work as an Engineer at Station #1).

Qualified employees wishing to work voluntary overtime in a class lower than theircurrent class (downgrade) may volunteer to do so and will be compensated at one andone half times the highest hourly rate for the position published in the City'scompensation plan. Said employees will be selected according to provisions set forth inthe Overtime Hiring policy.

Eligible employees who work up under this policy may elect to be compensated viasalary or CTa. If the employee elects to be compensated via CTa, the CTa shall bevalued at the employee's applicable rate of pay for his or her regular classification (Le.,the 5% move up compensation shall not apply) for the purpose of eTa usage or cashout upon separation. Employees electing to earn CTa for move up assignmentsknowingly and willingly waive the right to earn move up compensation. The option toearn and use CTa shall be in accordance with the City's CTa policy.

Employees who work down shall be compensated via salary.

4

LOS Banos(; /1( .r.1l.i)' 'F; . , ..

Menda Staff Report

TO: Mayor & City Council Members

FROM: Lucy Mallonee, MMC~City Clerk/Administrative Services Director

DATE: July 3,2013

SUBJECT: Approval of Amendments to Division 5 - Personnel Benefits and Division5-G - Overtime Compensation Policy of the City's Policy & ProceduresManual Relating to Unrepresented Employees

TYPE OF REPORT:

Recommendation:

Agenda Item

Adopt the Resolution approving Amendments to Division 5 - Personnel Benefits andDivision 5-G - Overtime Compensation Policy of the City's Policy & Procedures ManualRelating to Unrepresented Employees.

Discussion:

With the approval of the Los Banos Fire Fighters Association's Memorandum ofUnderstanding, the following changes will be made for unrepresented employees toDivision 5 - Personnel Benefits:

• Elimination of the 2.5% of salary contribution to the employee CafeteriaPlan that pays for employee vision, dental, life and health insurance.

• Clarification on the pension rate for Miscellaneous Employees (2% @ 62)and Safety Members (2.7% @ 57) for employees hired on or after January1, 2013 and considered new members of CalPERS as defined by thePublic Employee Pension Reform Act (PEPRA).

The following changes will be made for unrepresented employees to Division 5-G- Overtime Compensation Policy:

• Reform to the Call Back Policy to allow three (3) hours instead of four (4)hours of pay when employees are "called back" into work when "off duty".

For the fourth year in a row, merit increases will remain suspended and salary rangeswill remain unchanged.

Fiscal Impact:

The impact to the Fiscal Year 2013/2014 Budget equates to $46,207 for the GeneralFund, $943 for Police Measure P, $19,086 for Water, $19,060 for Wastewater, $11,565for Solid Waste, $1,969 for Fleet and $4,878 for Information Technology for a totalimpact of $103,678 for all funds.

Once agreements with all bargaining units have been approved and ratified, staff willanalyze the total fiscal impact and prepare a budget adjustment if necessary, or includean amendment during the mid-year budget review.

Attachments:

Resolution

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THECITY OF LOS BANOS APPROVING AN AMENDMENTTO DIVISION 5 - PERSONNEL BENEFITS ANDDIVISION 5-G - OVERTIME COMPENSATION POLICYOF THE CITY'S POLICY & PROCEDURES MANUALRELATING TO UNREPRESENTED EMPLOYEES

WHEREAS, the City Council of the City of Los Banos has received a request thatDivision 5 - Personnel Benefits, of the City of Los Banos Policy & Procedures Manual, beamended to reflect changes associated with the elimination of an amount equivalent to 2.5%of the employee's salary contribution to the Cafeteria Plan as it pertains to Unrepresentedemployees; and

WHEREAS, the City Council of the City of Los Banos has received a request thatDivision 5-G - Overtime Compensation Policy, of the City of Los Banos Policy & ProceduresManual, be amended to reflect changes associated with reducing the call back time for nonexempt employees from four (4) hours to three (3) hours as it pertains to Unrepresentedemployees; and

WHEREAS, the City Council has reviewed said request and approves the necessaryamendments to Division 5 - Personnel Benefits, of the City of Los Banos Policy &Procedures Manual and shall read as attached on "Exhibit A"; and

WHEREAS, the City Council has reviewed said request and approves the necessaryamendments to Division 5-G - Overtime Compensation Policy, of the City of Los BanosPolicy & Procedures Manual and shall read as attached on "Exhibit B".

NOW, THEREFORE, BE IT RESOLVED THAT the foregoing Resolution was adoptedat a regular meeting of the City Council of the City of Los Banos held on the 3rd day of July2013, by Council Member _ who moved its adoption, which motion was duly seconded byCouncil Member _ and the Resolution adopted by the following vote:

AYES: Council MembersNOES:ABSENT:

APPROVED:

Michael Villalta, MayorATTEST: .


SEC. 5001 INTRODUCTION

EXHIBIT A

DIVISION 5PERSONNEL BENEFITS

Updated: July _, 2013

The purpose of this Division is to identify the Employee Fringe Benefits Package asestablished by City Council Resolution.

SEC. 5002 FRINGE BENEFITS DEFINED

As used in this Division the term "Fringe Benefits" shall be construed to mean thosespecified rights, privileges, and payments provided by the City to an entitled employee assupplemental compensation above their base salary.

SEC. 5003 ENTITLED EMPLOYEES DEFINED

For the purposes of this Division, the term "Entitled Employee" refers to those persons whoare employed in Regular (full-time) capacity with the City of Los Banos. Part-time,Provisional, and Volunteer Employees shall not be entitled to Fringe BenefitCompensation, except when such benefits are being provided by the City in accordancewith: a) the requirements of a Federal or State Law, b) a written contractual agreementapproved by the City, or c) a Memorandum of Understanding (MOU) between a specificemployee or employee group and the City.

SEC.5004 ESTABLISHMENT OF FRINGE BENEFITS

The Fringe Benefit Package for entitled employees is established by City CouncilResolution for each fiscal year (July 1 - June 30) of the City.

SEC. 5005 BENEFITS PROVIDED TO ALL MlSCIiI..l..ANEOYS AA'D MAA.'AGIiMliA'1'UNREPRESENTED REGULAR EMPLOYEES

A. Medical Insurance Benefits

The City will contract with the California Public Employees Retirement System(CaIPERS) for the purpose of providing employees with medical insurance benefits.

mfiJ;J!¥Q";'Sifil;!~;,!~tQ; The City's maximum monthly contribution for each eligibleactive employee for the purchase of medical insurance will be equal to the minimummonthly employer contribution required under the Public Employees' Medical andHospital Care Act (PEMHCA).

B. Cafeteria Plan

The City will maintain a Cafeteria Plan, pursuant to Section 125 of the InternalRevenue Code, for the purpose of providing employees with access to various health

Personnel Benefits5-1

Updated: July _' 2013

and welfare benefits. §~2~!it;:aY:~!J~~I~/!D:r,~~~:b:the Cafeteria Plan include, but arenot limited to, medical, detital;:2vision.'im!ifH;em~f#Aand life insurance benefits.

1. Employees hired before April 1, 2010, and not represented by a City-recognizedbargaining unit:

The City will provide on a monthly basis, a Cafeteria Plan Allowance in theamount of:

a. The cost of the health plan premium for the employee's selected level ofcoverage (employee only, employee plus one or employee plus family) upto the amount of the premium for the Blue Shield Health MaintenanceOrganization (HMO), plus

b. The life insurance premium (for coverage up to $50,000), minus

e. An amaUllt egu!lIaIeFlt ta 2.6% af the emp/Bvee's salaF\f,mmIlS

d. c. The minimum monthly employer contribution required underPEMCHA, plus

e. d. Up to $73.00, to be used toward dental and vision plan premiums.

2. Employees hired on or after April 1, 2010, and not represented by a Cityrecognized bargaining unit:

The City will provide, on a monthly basis, a Cafeteria Plan Allowance, based onthe employee's level of health care coverage as provided below,mlaflS .theefjfliV8leRt @H.6% af themdividlla! empfiJyee'sfiallitry:

Calendar Year 2013

Employee Only: $748.44Employee plus One: $1,371.19Employee plus Family: $1,589.15

3. Employee enrollment in the City-provided life insurance plan and City-provideddental and vision plans is mandatory.

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

5. Employees who opt out of participating in the group medical plans sponsored bythe City, and who provide proof of their medical coverage iQ~,gr,~~PP}~2,~ill

r,~8~iY~,~:S~!~t~ri~/EI~~/tJI~~~D8.~.,..~!:*~~~,per month, f!Ji8il§,;:M;iifi1jiintf#flt!.!,flfii.li£l1tA'fRA~~'$;~f!;:~~:tfJfl;iifilplf!jl§fl.~;fj;;'iiilii.f¥1 of which part must be used toenroll in mandatory life insurance, dental insurance and vision insurance



coverage.

6. Dental and Vision Insurance Plans: The City will contribute to the employee'sCafeteria Plan Allowance (as indicated above in Cafeteria Plan Allowancedescription).

7. Life Insurance: The City will pay the full premium cost for $50,000 coverage inCity approved Life Insurance for the entitled employee.

C. Retirement Program

1.

will receive a CalPERS retirement benefit based on the2.7% @ 55 formula as set forth in CalPERS regulations,T,~rSi!~~~alle~yth~

full share of the employer contribution to CaIPERS. mi#i!J~;;'if1iiJJlt,~~~'tfl,The employee will be responsible to pay the employee contribution fitrf~~ to theCalPERS 2.7% @ 55 Plan.

Full-time, regular employees, hired on or after January 1, 2011, will receive aCalPERS retirement benefit based on the 2% @ 60 formula as set forth inCalPERS regulations. The City shall pay the full sfi'B1!efij'!Oid~il1e employercontribution to CaIPERS. The employee will be responsible to pay the employeecontribution ef-.7.% to the CalPERS 2% @ 60 Plan.

2. Public Safety Employees: Full-time, regular employees, hired

lII_j;;;ifl;~:~~~~ Ca~p~RS retir:~:nt~enefit~ased on the 3% @50 formula as set forth in CalPERS regulations. The City shall pa the full shareof the employer contribution to CaIPERS."'·«'··· "., , Theemployee will be responsible to pay the employee contribution . . to theCalPERS 3% @ 50 Plan.

Full-time, regular employees, hired on or after January 1, 2011, will receive aCalPERS retirement benefit based on the 3% @ 55!~[~~I~~~~et forth inCalPERS regulations. The City shall pay the full s"harei;,o'f::"iii'e employercontribution !~.S~IPERS. The employee will be responsible to pay the employeecontribution ~t;;~~ to the CalPERS 3% @ 55 Plan.



iI/receive :thti2.7% at>ae 57 retirement formulaand 'snal1f1ffi 'Su anso' PEPRAincluainrovisfonsgovefniiigrspoftt[ble compensation.

D. Retiree Medical

1. The City will provide access to medical insurance coverage for those employeeswho retire from employment with the City and who constitute "annuitants" asdefined by the PEMHCA.

The City's maximum monthly contribution for each eligible annuitant will beequal to the minimum employer contribution required under the PEMHCA,referred to in Section IV(A). The provisions of the PEMHCA will govern medicalinsurance coverage for annuitants.

E. Health Savings Plan: The City of Los Banos has established a program in whichemployees participate to save, on a tax deferred basis, money to help pay the cost ofhealthcare once an individual retires. The Health Savings Plan (HSP) may be usedfor expenses as provided under the terms of the Plan. Any tax consequencesresulting from City contributions to the HSP are the sole responsibility of theemployee.

1. Participation is mandatory for all employees.

2. ~eitlii;;Wiii~~1:;;i!~1j; Employees hired before October 1, 2002 and who,at the time of retirement; constitute an "annuitant" as defined by the PEMHCA,will receive the following:

a. From the date of retirement and until such time the retiree becomes eligiblefor Medicare, the City will contribute an amount to the retiree's HSPaccount equal to the health plan premium cost for the employee's electedhealth care plan up to the amount of the premium for the Blue ShieldHealth Maintenance Organization (HMO), offered by CaIPERS, less theCity's minimum monthly employer contribution under PEMHCA as follows:

Calendar Year 2013Employee Only: $663.44Employee plus One: $1,441.88Employee plus Family: $2,021.58

b. Upon attaining Medicare eligibility, the City will contribute an amount to theretiree's HSP account equal to the health plan premium cost for the electedhealth care plan up to the amount of the premium for the Blue ShieldHealth Maintenance Organization (HMO) supplemental Medicare plan,offered by CaIPERS, less the amount of the City's minimum monthlyemployer contribution under PEMHCA as follows:



Calendar Year 2013Employee Only: $146.77Employee plus One: $408.54Employee plus Family: $670.31

c. Employees will not be entitled to City payments into the HSP, as specifiedabove, during employment.

3. Employees hired between October 1, 2002 and June 30, 2008 and who, at thetime of retirement, constitute an "annuitant" as defined by the PEMHCA, willreceive the following:

a. From the date of retirement and until such time that the retiree becomeseligible for Medicare, the City will contribute an amount to the retiree's HSPaccount to cover fifty percent (50%) of the Blue Shield Health MaintenanceOrganization (HMO) plan, offered by CaIPERS, for employees with ten (10)years of service, plus an additional five percent (5%) of the cost of theHMO plan for each additional year of service beyond ten (10) years, up toone-hundred percent (100%) of the HMO plan after twenty (20) years ofservice, less the amount of the City's minimum monthly employercontribution under PEMHCA, based on the rates in Section 5005E (2)(a) ofthis division.

b. Upon attaining Medicare eligibility, the City's contribution to the HSPaccount will equal the cost of fifty percent (50%) of the Blue Shield HealthMaintenance Organization (HMO) supplemental Medicare plan, offered byCaIPERS, for employees with ten (10) years of service, plus an additionalfive percent (5%) of the cost of the HMO supplemental Medicare planoffered by CalPERS for each additional year of service beyond ten (10)years, up to one-hundred percent (100%) of the HMO supplementalMedicare plan offered by CalPERS after twenty (20) years of service, lessthe amount of the City's minimum monthly employer contribution underPEMHCA, based on the rates in Section 5005E (2)(b) of this division.

c. Employees will not be entitled to City payments into the HSP, as specifiedabove, during employment.

4. Employees hired on or after July 1, 2008:

a. Starting after an employee has successfully completed his or her initialprobationary period, the City will contribute $50 per month to theemployee's HSP account. Likewise the employee will contribute $50 permonth to his or her HSP account.

b. During an employee's initial hire probationary period with the City, neitherthe employee nor the City will contribute to the employee's HSP account.Upon successful completion of the initial hire probationary period, the City



will contribute a lump sum of $50 per month for each month served in theemployee's initial probationary period.

c. Upon cessation of employment with the City, the City will ceasecontributions to the individual's HSP account.

F. Workers' Compensation Insurance: Workers' Compensation Insurance Benefits(Workers' Compensation) are provided in accordance with the requirements of StateLaw.

Special Note: California Labor Code Sections 4650, for Miscellaneous Employees;and 4850, for Public Safety Employees, specifically addresses entitlement for paidtime off work when disabled due to job injury.

G. Deferred Compensation:employees to' participate,Program.

The City shall provide the opportunity for entitledat their own expense, in a Deferred Compensation

H. Group Continuation of Health and Life Insurance: Federal Legislation (P.L. 99-272,the Consolidated Omnibus Budget Reconciliation Act - COBRA) requires agencieswith 20 or more employees to continue health care coverage for terminatedemployees and for widows, ex-spouses and dependents of employees for eighteen(18) to thirty-six (36) months for certain qualifying events. Such benefits are providedat the expense of the employee or entitled relative or dependent. This area isaddressed more extensively in the CalPERS Group Continuation Plan.

I. Tuition Reimbursement: Subject to administrative approval, the City shall reimburseentitled employees for education-related expenses in accordance with City of LosBanos Tuition Reimbursement Policy; Division 5-A.

J. Sick Leave Benefits: Sick Leave, will be provided to all eligible employees inaccordance with the guidelines set forth in the City of Los Banos Sick Leave BenefitsPolicy; Division 5-B.

K. Vacation Leave Benefits: Vacation Leave will be provided to all eligible employees inaccordance with the guidelines set forth in the City of Los Banos Vacation LeavePolicy; Division 5-C.

L. Holiday Leave Benefits: Holiday Leave will be provided to all eligible employees inaccordance with the guidelines set forth in the City of Los Banos Holiday LeavePolicy; Division 5-E.

M. Catastrophic Leave: Catastrophic Leave Donations will be provided to all eligibleemployees in accordance with the guidelines set forth in the City of Los BanosCatastrophic Leave Donation Policy; Division 5-D.



N. Education Incentive Pay: Educational Incentive Pay will be provided to all qualifyingemployees in accordance with the City of Los Banos Education Incentive Pay Policyfor specific guidelines; Division 5-H.

O. Bilingual Incentive Pay: Bilingual Incentive Pay will be provided to certain employeesin accordance with the City of Los Banos Bilingual Incentive Pay Policy for specificguidelines; Division 5-L.

SEC. 5006 BENEFITS PROVIDED TO ALL REGULAR EMPLOYEES: EXCEPTMANAGERS AND MIDDLE MANAGERS

A. Compensatorv Time Off: All eligible Regular Employees shall, at their choice, bepermitted to accrue Compensatory Time Off (CTO) in lieu of receiving overtime payfor hours worked in excess of normal duty assignments. See City of Los BanosCompensatory Time Off Policy for specific guidelines governing this practice; Division5-F.

B. Overtime Compensation: All eligible Regular Employees shall be entitled to OvertimeCompensation in accordance with the guidelines set forth in the City of Los BanosOvertime compensation Policy; Division 5-G.

SEC. 5007 BENEFITS PROVIDED TO POLICE DEPARTMENT EMPLOYEES ONLY

A. Lateral Transfer Incentive Pay

Effective September 18, 2002, the City Council established Lateral Transfer IncentivePay not to exceed $3,000.00. The Police Chief will have authority with concurrenceof the City Manager to offer the pay incentive to lateral transfer police officerapplicants as an incentive for employment with the Los Banos Police Department.This offer may vary based on the previous experience of the applicant. This incentivepay could also be used to pay for a police academy loan or relocation costs.

The Police Chief shall provide written notification to the Administrative ServicesDirector and City Manager when a Police Officer is to receive the Lateral TransferIncentive Pay.

SEC.5008 BENEFITS PROVIDED FOR CERTAIN PARTICIPATING EMPLOYEES

State Disability Insurance: The City allows for participation in the State DisabilityInsurance (SOl) Program for those employee groups who desire such option. Payment ofSOl premiums is the responsibility of participating employees. See City of Los BanosState Disability Income (SOl) Policy for specific employee groups currently involved in thisprogram and clarification of the City's position with regard to their participation; Division 5-1.


Updated: July _' 2013

SEC. 5009 BENEFITS PROVIDED TO ONLY CERTAIN PUBLIC WORKS EMPLOYEES

A. Certificate PaylWater and Wastewater Division Employees

1. Public Works employees shall be entitled to receive the following compensationwhen they have been awarded and hold the specified certificate issued by theState of California, Department of Health Services WaterlWastewaterTreatment; a) $50.00 per month for Grade II, and b) $25.00 per month for GradeI.

2. ~1@'!a&~@~"l,ijY;~;:;'2QQ~; Public Works employees shall be entitled to receive thefollowing compensation when they have been awarded and hold the specifiedcertificate issued by the State of California, Department of Health ServicesWater Distribution; a) $25.00 per month for Grade II, and b) $50.00 per monthfor Grade III.

3. Employees holding these certificates may be simultaneously compensated for;a) Water Treatment and Water Distribution Certificates, or b) WastewaterTreatment and Water Distribution Certificates. Employees holding thesecertificates shall not be simultaneously compensated for Water Treatment andWastewater Treatment certificates.

4. Compensation shall not exceed $100.00 per month for any combination ofcertificates.

5. In order to continue to receive this benefit certified employees will be required tosubmit proof of re-certification to the City Manager as soon as it is issued.

B. Applicator Certificate & License Pay/Parks & Streets Division Employees

1. Public Works employees shall be entitled to receive the following compensationwhen they have been awarded and hold the specified certificates or license asissued by the State of California, Department of Pesticide Regulation; a) $50.00per month for Pesticide License, b) $25.00 per month for a Qualified ApplicatorCertificate, and c) $25.00 per month for each additional category endorsement,maximum three (3) categories will be allowed and/or compensated for.

2. Employees holding these certificates and/or licenses can be compensated for a)Qualified Applicator License or b) Qualified Applicator Certificate. In no caseshall the employee be compensated for both. Category compensation shall belimited to the following categories, B-Landscape Maintenance, C-Right of Way,D-Plant Agriculture, F-Aquatic, K-Health Related.

3. Compensation shall not exceed $100.00 per month for any combination oflicenses/certificates.


Updated: July _,2013

4. In order to remain eligible for compensation, Certificated/Licensed employeesshall be required to submit proof of certificate or license to the AdministrativeServices Director and department head as soon as it is issued. In additionemployees shall be required to maintain their licenses and/or certificates asrequired by the State of California Department of Pesticide Regulation in order tobe eligible for continued compensation. Proof of current valid licenses orcertificates shall be submitted annually.

C. Arborist Certificate Pay

1. Certain Public Works employees shall be entitled to receive the followingcompensation when they have been awarded and hold an Arborist Certificateissued by the International Society of Arboriculture; $200.00 per month.

SEC.5010 BENEFITS PROVIDED FOR CERTAIN CITY HALL EMPLOYEES

A. Notary Public Pay

1. Certain City Hall employees shall be entitled to receive the followingcompensation when they have been awarded and hold a Notary PublicCertificate issued by the State of California, Department of Secretary of State;$100.00 per month.

2. The number of persons will be limited to one (1) from each of the followingdepartments at City Hall: Community Development, Finance, and two (2) fromAdministration.

3. Employees receiving the Notary Public Certificate Pay will be required tonotarize documents when requested by the public or City staff during normalbusiness hours.

B. Certified Municipal Clerk Pay

1. Certain City Hall employees shall be entitled to receive the following~~TP~n~~!i~n""',~~n!~~X h~~~,?eena.warded a Certified Municipal Clerk (CMC)oiilMiisfer;;iiMiJ'nfcipal,}Clerk"rMMCJ Certificate and Designation from theInternational Institute of Municipal Clerks (IIMC); $100.00 per month.

SEC. 5011 BENEFITS PROVIDED FOR MANAGEMENT AND MIDDLE MANAGEMENTEMPLOYEES ONLY

A. Admin Leave for Management Employees: As designated in job description,Management employees who are not entitled to accrue compensatory time off orreceive overtime pay for hours worked in excess of regular duty time, shall be entitledto ten (10) work days off, with full salary and benefits, during every fiscal year ofemployment in such positions.



B. Admin Leave for Middle Management Emplovees: As designated in job description,Middle Management employees, who are not entitled to accrue compensatory timeoff or receive overtime pay for hours worked in excess of regular duty time, shall beentitled to five (5) work days off, with full salary and benefits, during every fiscal yearof employment in such position. New Middle Management employee hired after theJuly 1st accrual date will be prorated accordingly. If Admin Leave is not taken duringthe Fiscal Year it was earned, it will not be carried over and the employee will losehis/her right to the unused days. Further, a Middle Management employee wholeaves the City employment shall not be compensated for any unused Admin Leaveto which he/she would otherwise have been entitled.

C. Pro-ration: New Management and Middle Management employees hired after theJuly 1st accrual date will be prorated accordingly. If Admin Leave is not taken duringthe fiscal year it was earned, it will not be carried over and the employee will losehis/her right to the unused days. Further, a Management or Middle Managementemployee who leaves City employment shall not be compensated for any unusedAdmin Leave to which they would otherwise have been entitled.

SEC.5012 BENEFITS PROVIDED FOR MAYOR AND CITY COUNCIL MEMBERS

A. Cell Phone Allowance

1. The Mayor and City Council Members shall be entitled to receive a monthly cellphone allowance in the amount of $75.00. Proof of a current cell phone contractplan is to be provided to receive cell phone allowance.

SEC.5013 BENEFITS NOT COVERED IN THIS DIVISION STATEMENT

Any employee benefits not covered in this Division that are required to be offered underprovision of State or Federal Law or in conformity with an existing labor agreement, shallbe provided.


EXHIBIT BUpdated: __, 2013

DIVISION 5-GOVERTIME COMPENSATION POLICY

SEC.5001G PURPOSE

The purpose of this Division is to identify City policy with regard to Overtime Compensationfor eligible employees.

SEC. 5002G OVERTIME DEFINED

Unless otherwise stated in a Memorandum of Understanding (MOU) or this policy,"overtime" is all hours an overtime-eligible employee actually works over forty (40) hours inhis or her work week, or beyond the number of hours in the applicable work period (e.g. 7kwork period). Overtime is compensated at 1.5 times the Fair Labor Standards Act (FLSA)rate of pay.

SEC. 5003G REQUIREMENT TO ACCEPT OVERTIME ASSIGNMENTS

When duly notified (the request is communicated to and acknowledged by the employee),employees are required to accept mandatory overtime assignments. When making suchassignments, supervisors are expected to give proper consideration to the desires of theemployee, but the needs of the City shall be given priority.

SEC. 5004G OVERTIME RIGHTS

All Eligible Employees of the City of Los Banos, shall be entitled to receive Compensation(in accordance with the guidelines set forth in this policy) for all Overtime worked, except;occasional, unscheduled time of less than eight (8) minutes that occurs immediately beforeor immediately after an employees tour of duty.

SEC. 5005G ELIGIBLE EMPLOYEES DEFINED

All FLSA non-exempt Regular and Part-time City Employees shall be eligible for OvertimeCompensation. Further, Provisional Employees, who are not considered exempt fromovertime requirements under provisions of the FLSA, shall have the same overtimeentitlements as those Regular or Part-time employees who are performing similar jobs.

SEC.5006G ESTABLISHED WORK WEEK FOR ALL CITY EMPLOYEES, EXCEPT;LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS

The established Work Week for all City employees (except Law Enforcement Officers andFire Fighters) is, 7:00 a.m. Monday to 6:59 a.m. Monday of each consecutive week.

Overtime Compensation Policy5-G-1

Updated: __' 2013

SEC.5007G ESTABLISHED WORK PERIOD FOR LAW ENFORCEMENT OFFICERSAND FIRE FIGHTERS

As permitted under the FLSA 7K Exemption, the established Work Period for LawEnforcement Officers is a twenty-eight (28) Day Cycle; date established JUly 1, 1985. Theestablished Work Period for Fire Fighters is a twenty-four (24) Day Cycle; date establishedMarch 17, 2010.

SEC.5008G ESTABLISHED WORK DAY FOR ALL CITY EMPLOYEES. INCLUDINGLAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS

The established Work Day for all City employees is, that twenty-four (24) hour period oftime, from 7:00 a.m. on one calendar day, to 6:59 a.m. on the following calendar day.

SEC. 5009G OVERTIME GUIDELINES FOR ALL ELIGIBLE EMPLOYEES. EXCEPTLAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS

As required by Federal Labor Law, the City shall provide Overtime Compensation for alltime worked in excess of forty (40) hours during the established Work Week or inaccordance with overtime provisions of the applicable MOU.

SEC.5010G OVERTIME GUIDELINES FOR ELIGIBLE LAW ENFORCEMENTOFFICERS

The City will provide Overtime Compensation for all time worked in excess of theemployee's regularly assigned work shift, for any time worked in excess of forty (40) hoursin a week, and for time worked in excess of one hundred seventy one (171) hours, duringthe established twenty-eight (28) day work period.

SEC. 5011 G OVERTIME GUIDELINES FOR ELIGIBLE FIRE FIGHTERS

Federal Labor Law requires payment of Overtime Compensation for all time worked inexcess of one hundred eighty-two (182) hours during an established twenty-four (24) DayWork Period. In keeping with Federal Labor Law requirements, the City shall provideOvertime Compensation for all time worked in excess of One hundred eighty two (182)hours during an established twenty-four (24) Day Work Period to those Fire Fighters whoare assigned to shifts (work periods) longer than eight (8) consecutive hours. Suchemployees are normally assigned to forty-eight (48) hour shifts.

SEC.. SO,j2G ·.CALLBACK TIME, NON-EX:EMPTEMPl.OYEES

Overtime Compensation Policy5-8-2

Updated: __, 2013

SEC.5013G OVERTIME FOR EXEMPT EMPLOYEES IN THE POLICE & FIREDEPARTMENTS UNDER SPECIAL CIRCUMSTANCES

It shall be the intent of this section to allow for the Assistant Fire Chief and PoliceCommander to be compensated at time and one-half (1 %) for hours worked over theirnormal work hours while on an Office of Emergency Services (OES) or Mutual AidAssignment that is reimbursable by OES and/or the Federal Government. Nocompensation will be paid for non-reimbursable assignments. Only hours worked over thenormal forty (40) hour work week will be compensated and reimbursable.

SEC. 5014G OVERTIME APPROVAL REQUIRED

Employees are required to obtain the prior approval of their supervisor before workingOvertime, except; when the Overtime is being worked in response to an emergency or inaccordance with an established operating practice of the City or a Division or Departmentof the City, approval may be forthcoming after the fact. Working Overtime without advanceapproval may be grounds for discipline.

SEC.5015G SUBMITTAL OF REQUEST FOR PAYMENT OF OVERTIME

All requests for payment of Overtime shall be submitted in writing, at the time and on theform, prescribed by the City or the employee's Division or Department Head. Failure tosubmit a properly completed request by the time and date specified as the due date mayresult in delay in payment and disciplinary action.


Updated: __, 2013

SEC.5016G REVIEW AND APPROVAL OF OVERTIME PAY REQUESTS

Prior to actual payment, all Overtime requests shall be reviewed and approved by theemployee's supervisor and Division or Department Head. Whenever such reviewestablishes that the Overtime worked by an employee was inappropriate or improper, theSupervisor and/or Division or Department Head shall take necessary corrective action.

Special Note: Any Overlime, which was worked in violation of a direct order or anestablished policy or practice of the City or the employee's Division or Deparlment, may bedenied and the employee may be subject to disciplinary action. Such action may only betaken with approval of the employee's Division Head, Deparlment Head, or City Manager.

SEC.5017G COMPENSATORY TIME OFF (CTO) IN LIEU OF OVERTIMEPERMITTED

As provided under the guidelines set forth in the City of Los Banos Compensatory Time OffPolicy; Division 5-F, eligible employees may elect to receive CTO in lieu of salary.

SEC.5018G VOLUNTEER TIME NOT COMPENSATED AS OVERTIME

In accordance with the guidelines set forth in Division 6, Section 6010, employees mayunder certain circumstances voluntarily donate their time. Such bona fide volunteer time isnot considered and will not be compensated as Overtime. Employees are prohibited fromvolunteering, for the City, to perform the same or similar services which they perform as anemployee of the City.

SEC. 5019G ASSIGNMENT OF DUTY HOURS

An employee's actual duty hours (daily work times) are assigned and may be adjustedwhenever deemed necessary by the City Manager, or the employee's Division Head orDepartment Head.


LOS BanosL

COMMUNITY DEVELOPMENT DEPARTMENT

Date: June 28, 2013

Regarding: Notice of Public Hearing

Proposal: Negative Declaration, Annexation and Prezone #2012-01, Pre-AnnexationDevelopment Agreement and Improvement Deferral Agreement - RonnyNavarro

NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los BanosPlanning Commission to consider Annexation and Prezone #2012-01, Pre-AnnexationDevelopment Agreement, Improvement Deferral Agreement and associated NegativeDeclaration to incorporate approximately 0.5 acres into the City of Los Banos for RonnyNavarro. The subject property is located at 15901 Badger Flat Road; more specificallydescribed as Assessor's Parcel Number: 081-140-012.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of thePlanning Commission on Wednesday, July 10, 2013 at 7:00 p.m. in the CouncilChambers of Los Banos City Hall located at 520 "J" Street. Questions regarding theabove-referenced item may be directed to Paula Fitzgerald, Community DevelopmentDirector at City Hall or at (209) 827-7000, Ext. 114.

Persons wishing to provide oral comments on the described proposal may do so at thismeeting or may provide written comments on this matter prior to the public meeting.Written comments may be sent by U.S. Mail or hand delievered to the City of Los BanosCity Hall at 520 "J" Street, Los Banos, California 93635. If no comments are receivedprior to or on the above date, it will be assumed that no comments are being offered.The public is also informed that should this matter, at some future date go to court, courttestimony is limited to only those issues raised at the hearings per Government CodeSection 65009.

THE CITY OF LOS BANOS

~jJ~5Assistant Planner

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