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HomeMy WebLinkAboutRES 2003-65RESOLUTION 2003-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BA ESTABLISHING EMPLOYER-EMPLOYEE ORGANIZATION RELATIONS PROCEDURES Article I -- General Provisions Sec. 1. Statement of Purpose: This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations," by providing orderly procedures for the administration of employer-employee relations between the City and its employee organizations. However, nothing contained herein shall be deemed to supersede th provisi ns of state law, ordinances, resolutions and rules which establish and regulate City employment, or which provide for other methods of administering employer-emp employer-em oyee relations. This Resolution is intended, instead, to strengthen methods of adminisi ering employer-employee relations through the establishment of uniform and o derly me hods of communications between employees, employee organizations and the City. It is the purpose of this Resolution to provide procedures for meeting and conferring in goad faith with Recognized Employee Organizations regarding matters that directly and significantly affect and primarily involve the wages, hours and other terms and conditions of. employment of employees in appropriate units and that are not preempted by federal or state law. However, nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of g neral legislative or managerial policy, which include among others: The exclusive ri ht to determine the mission of its constituent departments, commissions, and board ; set standards of service; determine the procedures and standards of selectio i for employment; direct its employees; transfer employees within the City organization, take disciplinary action; relieve its employees from duty because of lack of work or for Dther lawful reasons; determine the content of job classifications; subcontractwork; ma ntain the efficiency of governmental operations; determine the methods means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Sec. 2. Definitions: As used in this Resolution, the following terms shall have the meanings indicated: a. "Appropriate unit" means a unit of employee classes or positions, established pursuant to Article If hereof. 1 Res. ho.2003-6 b. "City" means the City of Diamond Bar, and, where appropriate herein, refers to the City Council or any duly authorized City representative as herein defined. C. "Confidential Employee" means an employee who, in the course of his or her duties, has access to confidential information relating to the City's administration of employer-employee relations. d. "Consult/Consultation in Good Faith" means to communicate orally or in writing with all effected employee organizations, whether exclusively recognized or not, for the purpose of presenting and obtaining views or advising of proposed actions in an effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counterproposals with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof. e. "Day" means calendar day unless expressly stated otherwise. f. "Employee Relations Officer" means the City Manager or his/her duly authorized representative. g. "Exclusively Recognized Employee Organization" means an employee organization which has been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article 11 hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees. h. "Impasse" means that the representatives of the City and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. i. "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of City policies and programs. j. "Proof of Employee Support" means (1) an authorization card recently signed and personally dated by an employee, or (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall Res. No. 2003-65 be the authorization last signed by an employee. The words "recently signed' shall mean within ninety (90) days prior to the filing of a petition. k. "Supervisory Employee" means any employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical natur , but re uires the use of independent judgment. Article II -- Representation Proceedings Sec. 3. Filinq of Recognition Petition by Emnlovee Oroanizatio An employee organization which seeks to be formally acknowledged as an Exclusively Recognized Employee Organization representing the employees n an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation: a. Name and address of the employee organization. b. Names and titles of its officers. C. Names of employee organization representatives who are authorizd to speak on behalf of the organization, d. A statement that the employee organization has, as one of its pr mary purposes, the responsibility of representing employees in their employment relations with the City. e. A statement whether the employee organization is a chapter cf, or affiliated directly or indirectly in any manner, with a local, regional, state, natio al or international organization, and, if so, the name and address of ea h such :)ther organization. f. Certified copies of the employee organization's constitution and g. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed suffcient notice on the employee organization for any purpose. h. A statement that the employee organization has no restrictioii on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability or medical condition. 3 Res. No. L The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. I. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. k. A request that the Employee Relations Officer formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. Sec. 4. City Response to Recognition Petition: Upon receipt of the Petition, the Employee Relations Officer shall determine whether: a. There has been compliance with the requirements of the Recognition Petition, and b. The proposed representation unit is an appropriate unit in accordance with Sec. 8 of this Article 11. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he/she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Sec. 11 of this Resolution. Sec. 5. open Period for Filing Challenging Petition: Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as 4 Res. No. 2003-65 the exclusively recognized employee organization of the employees in thsame oi in an overlapping unit (one which corresponds with respect to some, b t not all the classifications or positions set forth.in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Sec. 3 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriat unit, at hich time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance wi h the standards in Sec. S of this Article If. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to c nform to such determination or to appeal such determination pursuant to Sec. 11 of this Article H. Sec. 6. Election Procedure: The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and he conc rned employee organization(s), in accordance with such party's rules and procedures Sbject to the provisions of this Resolution. All employee organizations w o have duly submitted petitions which have been determined to be in conformance wi h this Article If shall be included on the ballot. The ballot shall also reserve to employee the choice of representing themselves individually in their employment relations with the City. Employees entitled to vote in such election shall be those persons employed in r gular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fift en (15) days before the date the election commences, including those who did not wok during such period because of illness, vacation or other authorized leaves of absence, and wh are employed by the City in the same unit on the date of the election. An emp oyee organization shall be formally acknowledged as the Exclusively Recogni ed Emp oyee Organization for the designated appropriate unit following an election or run-off ek ction if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two ch ices ret iving the largest number of valid votes cast; the rules governing an initial lection being applicable to a run-off election. There shall be no more than one valid election under this Resolution pursunt to any petition in a 12 -month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service. Costs of conducting elections shall be borne in equal shares byte City a d by each employee organization appearing on the ballot. Res. Sec.7. Procedure for Decertification of Ex6lusively Recognized Employee Organization-. A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of March of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) .years, whichever occurs later. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete: a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. b. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit. C. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. d. Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent, that includes the allegation and information required under paragraph (c.) of this Section 7, and otherwise conforms to the requirements of Section 3 of this Article. The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article 11. If his/her determination is in the negative, he/she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the -- employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Sec. 11 of this Article H. If the determination of the A Res. No. 2003-65 Employee Relations Officer is in the affirmative, or if his negative determination is reversed on appeal, he/she shall give written notice of such Dellertificati n or Recognition Petition to the incumbent Exclusively Recognized Employed Organi ation and to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Sec. 6 of this Article II. During the 'open period" specified in the first paragraph of this Sec. 7, the Employee Relations Officer may on his/her own motion, when he/she has reason to believe that a majority of unit employees no longer wish to be repre ented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he/she will arrange for an electiorl to dete mine that issue. In such event any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Sec 7, whicl the Employee Relations Officer shall act on in accordance with this Sec. 7. If, pursuant to this Sec. 7, a different employee organizati n is fo ally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any M morand m of Understanding then in effect for its remaining term. Sec. 8. Policy and Standards for Determination of ApproDriate L nits: The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and it compa ibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees with effective epresen ation based on recognized community of interest considerations. These po icy obje tives require that the appropriate unit shall be the broadest feasible grouping oll positions that share an identifiable community of interest. Factors to be considered shat I be: a. Similarity of the general kinds of work performed, types o� qua[ required, and the general working conditions. b. History of representation in the City and similar emplo ment however, that no unit shall be deemed to be an appropriate unit solely on the the extent to which employees in the proposed unit have organized. C. Consistency with the organizational patterns of the City. d. Effect of differing legally mandated impasse resolution proce ures. 7 Res. of e. Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units. f. Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single or related classifications among two or more units. Notwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibilities, as defined in Sec. 2 of this Resolution, are determining factors in establishing appropriate units hereunder, and therefore managerial, supervisory and confidential employees may only be included in a unit consisting solely of managerial, supervisory or confidential employees respectively. Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. The decision of the Employee relations Officer shall be final. Sec. 9. Procedure for Modification of Established Appropriate Units: Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Sec. 7 of this Article II. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Sec. 3 of this Article, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Sec. 8 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article II. The Employee Relations Officer may by his own motion propose that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modifications) to any affected employee organization and shall hold a meeting concerning the proposed modification (s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Sec. 8 of this Article II, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in Section 11 of this Article. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Sec. 3 hereof. Res. No. 2003-65 CI D Sec. 10. Procedure for Processing Severance Requests: An employee organization may file a request to become the re( employee organization of a unit alleged to be appropriate that consists of a employees who are already a part of a larger established unit represented by recognized employee organization. The timing, form and processing of such shall be as specified in Sec. 9 for modification requests, Sec. 11. Appeals: An employee organization aggrieved by an appropriate unit determination Employee Relations Officer; or an employee organization aggrieved by a determi of the Employee Relations Officer that a Recognition Petition (Sec. ), Chalk Petition (Sec. 5), Decertification. Petition (Sec. 7), Unit Modification Petition (Sec. or employees aggrieved by a determination of the Employee Relations Officer Decertification Petition (Sec. 7) ---has not been filed in compliance with the app] provisions of this Article, may, within ten (10) days of notice of the Employee Rel Officer's final decision, request to submit the matter to mediation by the State Mec and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determii to the City Council for final decision within fifteen (15) days of notice of the Emr Relations Officer's determination or the termination of mediation procee whichever is later. Appeals to the City Council shall be filed in writing with the City Cle thereof served on the Employee Relations Officer. The City Council shall consider the matter within thirty (30) days of the filing of the appeal. Th may, in its discretion, refer the dispute to a third party hearing process. ; the City Council on the use of such procedure, and/or any decision of th determining the substance of the dispute shall be final and binding. Article III -- Administration Sec. 12. St Organizations: nt rk, and City de City nized up of )f the -ation iging 9) --- iat a able itions ation ation oyee lings, copy ce to iuncil on of ,unci) All changes in the information filed with the City by an Exclusively Recognized Employee Organization under items (a.) through (h.) of its Recognized Petition tinder Sec. 3 of this Resolution shall be submitted in writing to the Employee Rlations Cfficer within fourteen (14) days of such change. 7 Sec. 13. Emglovee Oraanization Activities -- Access to City work locations and the use of City paid time, faciliti and other resources by employee organizations and those representing Res. I equip ent rash Il be authorized only to the extent provided for in Memoranda of Understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer-employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections, and shall not interfere with the efficiency, safety and security of City operations. Sec. 14. Administrative Rules and Procedures. The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations. Article IV -- Im asse. Procedures Sec. 15. Initiation of Impasse Procedures: If the meet and confer process has reached impasse as defined in Section 2 of this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be: a. To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and b. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. Sec. 16. Impasse Procedures: Impasse procedures are as follows: a. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. b. If the parties fall to agree to submit the dispute to mediation or fail to agree on the selection of a mediator, or fail to resolve the dispute through mediation within fifteen (15) days after the mediator commenced meeting with the parties, the parties may agree to submit the impasse to fact-finding. 10 Res. No. 2003-65 If the parties agree on fact-finding, they may agree on the appointment of one or more fact -finders. If they fail to so agree on one or more fact -finders, a fact-finding panel of three (3) shall be appointed in the following manner:' One member of the panel shall be appointed by the Employee Relations Officer, one m mber s all be appointed by the Exclusively Recognized Employee Organization, and t ose two shall name a third, who shall be the chairperson. If they are unable to agree upon a third, they shall select by agreement the third member from one or more 11st3 of seven (7) names of individuals having fact-finding experience in the municipal sector o be provided by the California State Mediation and Conciliation Service. The following constitute the jurisdictional and procedural re uireme is for fact-finding: (1) The fact -finders shall consider and be guided by applicable federal and state laws. (2) Subject to the stipulations of the parties, the fact -finders shall dete mine and apply the following measures and criteria in arriving at their findings and recommendations: a. First, as relevant to the issues in dispute, the fact -finders shall compare the total compensation, hours and conditions of employment of I he employees involved in the fact-finding proceeding with the total compensation, hours nd conditions of employment of other employees performing similar services in pubic and private employment in the same and comparable communities. "Total comp nsation" shall mean all wage compensation, including but not limited to premium, incen ive, mini um, standby, out -of -class and deferred pay; all paid leave time; all allowances, including but not limited to educational and uniform benefits; and employer payments for all health, welfare and pension benefits. b. The fact -finders shall then adjust the results �f the comparisons based on the following factors: (i) The compensation necessary to recruit and retain qualified pe (ii) Maintaining compensation relationships between job and positions within the City. (iii) The pattern of change that has occurred in the total co pensati n of the employees in the unit at impasse as compared to the pattern of change ill the average "consumer price index" for goods and services, and the patterr of chane in wages and compensation of other wage earners. c. The fact-finder(s) shall then determine preliminary rec mmend ions based on the comparisons as adjusted above which, however, shall b reduc as appropriate based on the financial resources of the City to implement therr�] m In 11 Res. No. assessing the City's financial resources, the fact-finder(s) shall be bound by the following: (i) Other legislatively determined and projected demands on agency resources, i.e., budgetary priorities as established by the governing body; and (ii) Allowance for equitable compensation increases for other employees and employee groups for the corresponding fiscal period(s); and (iii) Revenue projections not to exceed currently authorized tax and fee rates for the relevant fiscal year(s); and (iv). Assurance of sufficient and sound budgetary reserves; and (v) Constitutional, statutory limitations on the level and use of revenues and expenditures. (3) The fact -finders shall make written findings of fact, and advisory recommendations for the resolution of the issues in dispute, which shall be presented in terms of the criteria, adjustments, and limitations specified above. Any member of a fact-finding panel shall be accorded the right to file dissenting written findings of fact and recommendations. The fact -finder or chairperson of the fact-finding panel shall serve such findings and recommendations on the Employee Relations Officer and the --p designated representative of the Exclusively Recognized Employee Organization. If these parties have not resolved the impasse within ten (10) days after service of the findings and recommendations upon them, the fact -finder or the chairperson of the fact-finding panel shall make them public by submitting them to the City Clerk for consideration by the City Council in connection with the Council's legislative consideration of the impasse. It the parties did not agree on mediation or the selection of a mediator and did not agree on fact-finding, or having so agreed, the impasse has not been resolved, the City Council may take such action regarding the impasse as it in its discretion deems appropriate as in the public interest. Any legislative action by the City Council on the impasse shall be final and binding. Sec. 17. Costs of Im asse Procedures: The cost for the. services of a mediator and fact -finder or chairperson of a fact-finding panel utilized by the parties, and other mutually incurred costs of mediation and fact-finding, shall be borne equally by the City and Exclusively Recognized Employee Organization. The cost for a fact-finding panel member selected by each party, and other separately incurred costs, shall be borne by such party. 12 Res. No. 2003-65 Article V -- Miscellaneous Provisions Sec. 18. Construction: This Resolution shall be administered and construed as follows: (a) Nothing in this Resolution shall be construed to deny t any person, employee, organization, the City, or any authorized officer, body or other represer tative of the City, the rights, powers and authority granted by federal or state la . (b) This Resolution shall be interpreted so as to carry out its purpse as se� forth in Article I. (c) Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, s ckout or other total or partial stoppage or slowdown of work. In consideration of and a a condit on of initial and continued employment by the City, employees recognize hat any such actions by them are in violation of their conditions of employment excer t as expi essly otherwise provided by legally preemptive state or contrary local law. In the vent employees engage in such actions, they shall subject themselves to disci line up to and including termination, and may be replaced, to the extent such actions are, not prohibited by preemptive law; and employee organizations may thereby forfeit rights accorded them under City law or contract. Sec. 19. Severability: If any provision of this Resolution, or the application of such persons or circumstances, shall be held invalid, the remainder of this application of such provision to persons or circumstances other than th is held invalid, shall not be affected thereby. PASSED APPROVED AND ADOPTED this 18th day of November, 2003. Carol Herrera, 13 Res. )lution, as to v any it the rich it I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of November, 2003, by the following vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/ Huff, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ynda Burgess, City Clerk City of Diamond Bar 14 Res. No. 2003-65