HomeMy WebLinkAbout2020.04.21 Agenda Packet - Regular Meeting
City Council Agenda
Tuesday, April 21, 2020
Study Session 5:15 p.m.
Regular Meeting 6:30 p.m.
PUBLIC ADVISORY:
Consistent with the latest Governor’s Executive Order to Stay at Home, avoid gatherings and
maintain social distancing, this meeting will be conducted telephonically and Members of the
City Council and staff will be participating via Teleconference. There will be no physical meeting
location.
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Members of the public may provide public comment by sending written comments to the City
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indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to
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the public will be called upon one at a time during the Public Comment portion of the agenda,
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limited to five minutes per agenda item, unless the Mayor determines otherwise.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if
you need special assistance to participate in the Council Meeting, please contact the City Clerk’s
Office (909) 839-7010 within 72 hours of the meeting.
The City of Diamond Bar thanks you in advance for taking all precautions to prevent
spreading the COVID-19 virus.
STEVE TYE
Mayor
NANCY A. LYONS
Mayor Pro Tem
ANDREW CHOU
Council Member
RUTH M. LOW
Council Member
JENNIFER "FRED" MAHLKE
Council Member
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and
are broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are
invited to attend and participate. Copies of staff reports or other written documentation relating
to agenda items are on file and available for public inspection by contacting the Office of the
City Clerk. If requested, the agenda will be made available in an alternative format to a person
with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you
have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010
during regular business hours.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during
the time the item is taken up by the Council. In addition, members of the public may, during the
Public Comment period address the Council on any Consent Calendar item or any matter not on
the agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to
the City Council at the meeting should be submitted through the City Clerk.
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The Mayor may adjust this time limit depending on the number of people wishing to speak, the
complexity of the matter, the length of the agenda, the hour and any other relevant
consideration. Speakers may address the Council only once on an agenda item, except during
public hearings, when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. Behavior that disrupts the orderly
conduct of the meeting may result in the speaker being removed from the meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the meeting and are
posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3,
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City Council may take action on any item listed on the agenda.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010
Computer access to agendas: www.diamondbarca.gov
General information: (909) 839-7000
Written materials distributed to the City Council within 72 hours of the City Council meeting are
available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley
Dr., Diamond Bar, California, during normal business hours.
THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA
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THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT
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and ARCHIVED VIEWING ON THE CITY’S WEB SITE AT
WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
April 21, 2020
STUDY SESSION: 5:15 p.m.
Draft FY 2020-21 Capital
Improvement Project Budget
PUBLIC COMMENTS
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
ROLL CALL: Chou, Low, Mahlke, Mayor Pro Tem
Lyons, Mayor Tye
APPROVAL OF AGENDA: Mayor
1. CITY MANAGER REPORTS AND RECOMMENDATIONS:
COVID-19 Update
2. PUBLIC COMMENTS:
"Public Comments" is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Council
on Consent Calendar items or other matters of interest not on the agenda that
are within the subject matter jurisdiction of the Council. Although the City Council
values your comments, pursuant to the Brown Act, the Council generally cannot
take any action on items not listed on the posted agenda. Please complete a
APRIL 21, 2020 PAGE 2
Speaker's Card and give it to the City Clerk (completion of this form is voluntary).
There is a five-minute maximum time limit when addressing the City Council.
3. CONSENT CALENDAR:
All items listed on the Consent Calendar are considered by the City Council to be
routine and will be acted on by a single motion unless a Council Member or
member of the public request otherwise, in which case, the item will be removed
for separate consideration.
3.1 CITY COUNCIL MINUTES OF THE APRIL 7, 2020 MEETING.
3.1.a April 7, 2020 City Council Minutes
Recommended Action:
Approve the April 7, 2020 Regular City Council meeting minutes.
Requested by: City Clerk
3.2 RATIFICATION OF CHECK REGISTER DATED MARCH 26, 2020
THROUGH APRIL 8, 2020 TOTALING $1,829,106.73.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
3.3 AMENDMENTS TO THE CITY’S PERSONNEL RULES AND
REGULATIONS EFFECTIVE APRIL 21, 2020.
Recommended Action:
Adopt Resolution No. 2020-09, amending the City's Personnel Rules and
Regulations Effective April 21, 2020.
Requested by: City Manager
3.4 AUTHORIZATION TO SUBMIT A LIST OF PROJECTS TO BE FUNDED
BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
FOR FY 2020/21.
Recommended Action:
Adopt Resolution No. 2020-10 authorizing the submittal of a project list of
road projects funded by SB-1 Road Repair and Accountability Act of 2017
for FY 2020/21.
Requested by: Public Works Department
4. PUBLIC HEARINGS: NONE
5. COUNCIL CONSIDERATION: NONE
APRIL 21, 2020 PAGE 3
6. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
7. ADJOURNMENT:
Agenda #: 1
Meeting Date: April 21, 2020
CITY COUNCIL STUDY S ESSION REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Daniel Fox, City Manager
FROM: Dianna Honeywell, Finance Director
TITLE: DRAFT FY 2020-21 CAPITAL IMPROVEMENT PROJECT BUDGET.
This is the first study session intended to discuss the FY 2020 -21 budget. The focus
during this study session will be on the Capital Improvement Project budget.
During the preparation of the FY 2020 -21 CIP budget, the onset of the COVID-19 viral
pandemic became a worldwide health crisis. This crisis has altered the global economy
and specifically the City of Diamond Bar operations. These dramatic changes in the
State, County and local economy have caused great uncertainty with regards to the
revenue streams used to fund CIP projects. Given this uncertainty, the pro posed CIP
(Attachment 1) has been limited in scope and only includes those essential projects that
can be accommodated within the lower than anticipated revenues. A second list of CIP
projects (Attachment 2) has been prepared that represents other project that are being
deferred based on the economic uncertainty. Should the revenue estimates improve
over the course to the year, amendments to the CIP could be presented to the City
Council to advance some or all of the deferred projects.
The Draft FY 2020-21 Capital Improvement Projects (CIP) budget includes projects
totaling $3.3 million of which $2.4 million are project carryovers from FY 2019-20. This
represents an approximate 62% reduction from the $8.8 million CIP from this previous
year. Carryover projects are those that have commenced during the current fiscal year
and will not be complete by June 30, 2020. The remaining encumbered funds must be
carried over and re-appropriated in FY 2020-21. Included in the new projects for FY
2020-21 is one street improvement project and a facilities project.
It should be noted that as of the date of this meeting eight capital improvement projects
have been completed and it is anticipated that three more will be complete by June 30,
2020. Additionally, nine projects will be in progress at June 30, 2020. The total amount
spent on capital improvement projects during FY 2019-20 totals $5.6 million.
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The CIP budget is scheduled to be reviewed for consistency with the City’s General
Plan at the May 12, 2020 Planning Commission meeting.
Attachments:
1. 1.a DRAFT FY 20/21 CIP Budget
2. 1.b DRAFT FY 20/21 CIP Budget Deferred Projects
3. 1.c FY 20-21 CIP Council Presentation 4.21.2020
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FY 2020/2021 CAPITAL IMPROVEMENT PROJECTS BUDGET Exhibit 1a
Street Improvement Projects (250-5510-46411)
Project #Project Description Status Total FY Budget (108)
RMRA
(109)
Measure M
(110) Measure
R Local Return
(111)
Gas Tax
(113)
Prop C
(121)
Hauler Fees
(125)
CDBG
01420 *
Residential and Collector Street Rehab.- Area 1a, 1b, 2 (Design)
Arterial Street Rehab (Design)
(DBB from Pathfinder to Mountain Laurel)
(Golden Springs from Brea Canyon to Lemon)
(Golden Springs from Grand to BCY)
Carryover - In Design 82,779$ 82,779$
02120 *Arterial Street Rehab (DBB from Pathfinder to Mountain Laurel Way) (Const.)Carryover - In Design 1,200,000$ 1,200,000$
CDBG Area 2 ADA Curb Ramp Project (Const.)New 177,855$ 177,855$
Total - Street Improvement Projects 1,460,634$ 1,200,000$ 82,779$ -$ -$ -$ -$ 177,855$
Traffic Management/Safety Projects (250-5510-46412)
Project #Project Description Total FY Budget (109) Measure
M
(111)
Gas Tax
(112)
Prop A
(113)
Prop C
24120 *Battery Back Up System- Final 11 Locations (Design and Construction)Carryover 107,000$ -$ 53,500$ 53,500$
Total - Traffic Projects 107,000$ -$ -$ 53,500$ 53,500$
Transportation Infrastructure Improvements (250-5510-46413)
Project #Project Description Total FY Budget (113)
Prop C
Foothill Transit
Grant
23318 *Lemon Avenue Quiet Zone Carryover 60,000$ 60,000$
23420 *Bus Shelter Replacement - GSD/Calbourne Carryover 40,000$ 40,000$
Total-Transportation Infrastructure Improvements 100,000$ 60,000$ 40,000$
Miscellaneous PW Improvements (250-5510-46420)
Project #Project Description Total FY Budget (107) Measure
W
(108)
RMRA
(109)
Measure M
(113)
Prop C
(116)
Traffic Imp
Fund
(117)
Sewer
Imp Fund
(118)
AB2766
(119)
TDA MSRC Grant
22818 *Grand/GSD Intersection Enhancement (Construction)Carryover 1,378,040$ 876,811$ 207,691$ 219,443$ 74,095$
26319 *Electric Charging Station at City Hall Carryover 63,860$ 24,930$ 38,930$
Total-Miscellaneous PW Improvements 1,441,900$ -$ 876,811$ 207,691$ 219,443$ -$ -$ 24,930$ 74,095$ 38,930$
Facilities, Parks and Rec Improvements (250-5556-46415)
Project #Project Description Total Budget
Habitat
Conserv
Grant (31814)
(001)
GF Reserves
(122)
Quimby
(124)
Park Dev
Fund
(107)
Measure W
(132)
Measure A
(540)
Building &
Facilities Fund
25517 *Canyon Loop Trail (Design)Carryover - In Design 37,780$ -$ 37,780 -$
25120 *DBC Slope Stabilization Project (Design)Carryover - In Design 75,000$ 75,000
Heritage Park - New Roof New 100,000$ 100,000
TOTAL 212,780$ -$ -$ 37,780$ -$ -$ -$ 175,000$
FY 20-21 CIP Projects Grand Total 3,322,314$
Funding Source Totals
108 RMRA (SB-1)2,076,811 CIP Project Type Totals
109 Measure M 290,470 Street Improvements 1,460,634
111 Gas Tax Fund - Traffic Management/Safety Improvements 107,000
112 Prop A 53,500 Transportation Infrastructure Improvements 100,000
113 Prop C 332,943 Miscellaneous PW Improvements 1,441,900
116 Traffic Mitigation - Facilites, Parks and Rec. Improvements 212,780
118 AB2766 24,930 3,322,314$
119 SB 821 Fund - Bike and Pedestrian Paths (TDA)74,095
122 Quimby Funds 37,780
125 CDBG Funds 177,855
250 MSRC Grant 38,930
540 Building & Facilities Maintenance Fund 175,000
250 Foothill Transit Grant 40,000
3,322,314$ 1
1.a
Packet Pg. 8
FY 2020/2021 DEFERRED CAPITAL IMPROVEMENT PROJECTS BUDGET Exhibit 1b
Street Improvement Projects (250-5510-46411)
Project #Project Description Status Total FY Budget (108)
RMRA
(109)
Measure M
(110) Measure
R Local Return
(111)
Gas Tax
(113)
Prop C
(121)
Hauler Fees
(125)
CDBG
01421 Residential and Collector Street Rehab - Area 1 (Const.)New 2,000,000$ 925,000$ 850,000$ 89,000$ 136,000$
Arterial Street Rehab (Golden Springs from Brea Canyon to Lemon Ave.) (Const.)New 900,000$ 500,000$ 400,000$
Total - Street Improvement Projects 2,900,000$ 500,000$ 925,000$ 850,000$ 89,000$ 400,000$ 136,000$ -$
Traffic Management/Safety Projects (250-5510-46412)
Project #Project Description Total FY Budget (109) Measure
M
(111)
Gas Tax
(112)
Prop A
(113)
Prop C
No Deferred Projects Carryover -$
Total - Traffic Projects -$ -$ -$ -$ -$
Transportation Infrastructure Improvements (250-5510-46413)
Project #Project Description Total FY Budget
No Deferred Projects -$ -$
Total-Transportation Infrastructure Improvements -$ -$ -$
Miscellaneous PW Improvements (250-5510-46420)
Project #Project Description Total FY Budget (107) Measure
W
(108)
RMRA
(109)
Measure M
(113)
Prop C
(116)
Traffic Imp
Fund
(117)
Sewer
Imp Fund
(118)
AB2766
(119)
TDA MSRC Grant
26019 *Groundwater Drainage Improvements-Phase 3 (Flapjack-Design)Carryover 65,000$ 65,000$
26019 *Groundwater Drainage Improvements-Phase 3 (Flapjack-Construction)Carryover 322,000$ 322,000$
Total-Miscellaneous PW Improvements 387,000$ 387,000$ -$ -$ -$ -$ -$ -$ -$ -$
Facilities, Parks and Rec Improvements (250-5556-46415)
Project #Project Description Total Budget
Habitat
Conserv
Grant (31814)
(001)
GF Reserves
(122)
Quimby
(124)
Park Dev
Fund
(107)
Measure W
(132)
Measure A
(540)
Building &
Facilities Fund
25517 *Canyon Loop Trail (Construction)New 447,720$ 229,720$ 33,000$ 185,000$
25819 *Sycamore Canyon Creek Repair Carryover - In Design 80,000$ 80,000$
25120 DBC Slope Stabilization (Construction)GF Reserves 450,000$ 450,000
TOTAL 977,720$ 229,720$ 80,000$ -$ -$ 33,000$ 185,000$ 450,000$
FY 20-21 CIP Projects Grand Total 4,264,720$
Funding Source Totals CIP Project Type Totals
001 General Fund Reserves 80,000 Street Improvements 2,900,000
107 Measure W 420,000 Traffic Management/Safety Improvements 0
108 RMRA (SB-1)500,000 Transportation Infrastructure Improvements 0
109 Measure M 925,000 Miscellaneous PW Improvements 387,000
110 Measure R - Local Return Fd 850,000 Facilites, Parks and Rec. Improvements 977,720
111 Gas Tax Fund 89,000 4,264,720$
113 Prop C 400,000
132 Measure A 185,000
250 Habitat Conservation Grant 229,720
540 Building & Facilities Maintenance Fund 450,000
4,264,720$
1
1.b
Packet Pg. 9
FY 2020-2021 Capital
Improvement Program
(CIP) Proposed Budget
City Council Study Session
April 21, 2020
1.c
Packet Pg. 10
COVID-19 Economic Impacts
For FY 2020-21, the coronavirus pandemic is
forcing municipalities across the U.S. to re-
examine priorities and refocus our efforts to
ensure our critical infrastructure and essential
services are maintained.
As such, the proposed CIP reflects both the
prioritized projects as well as the deferred
projects.
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1.c
Packet Pg. 11
FY 19-20 CIP Project Highlights
•25 total projects with a budget of $8,581,574
•To date, 8 projects worth a total of $5,447,658 have been completed
with a budget savings of approximately $68,200
•We anticipate completing an additional 3 projects by June 30, 2020 for
a total of 11 completed projects with total improvements valued at
$5,647,658
•Remaining projects, either in design or construction, will either be
carried over into the FY 20-21 or deferred.
–Carryover FY 19-20 Projects; est.$2,444,459 (plus $600,000 of new money)
–Deferred FY19-20 Projects; est.$867,000
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1.c
Packet Pg. 12
Completed FY 19-20 CIP Project Highlights
Note: Numbers listed above are approximate. Final accounting has not yet been completed.
3
Arterial Street Rehab (DBB from Mountain Laurel to Clear Creek Cyn) (const)$749,253
Residential and Collector Street Rehab-Area 7 (Const)$1,665,573
Adaptive Traffic Control System $1,127,973
Bus Shelter Replacement -DBB/Temple Ave (To be completed by June 30)$40,000
Sycamore Canyon Park Slope Erosion Repair (Const)$1,258,430
Sewer System Evaluation & Capacity Assurance Plan $64,551
CDBG Area 1 ADA Curb Ramp (Const.) (To be completed by June 30)$160,000
Diamond Bar Blvd. Complete Streets (GSD -60FWY) -(Design)$134,693
DBC Roof Rehabilitation Project (To be completed by June 30)$67,856
Heritage Park Improvements (Design)$109,543
Sunset Crossing Park (Design)$269,786
To tal Value of the
Completed Improvements
$5,647,658
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Packet Pg. 13
FY20-21 Proposed CIP
•To tal of 11 prioritized projects
•To tal Proposed Budget $3,322,314
–2 New Projects $277,855
–9 Carryover Projects $3,044,459 (includes $600,000 of new money)
•Projects include:
–Street Improvements $1,460,634
–Tr affic Management/Safety Improvements $107,000
–Tr ansportation Infrastructure Improvements $100,000
–Miscellaneous Public Works Improvements $1,441,900
–Facilities, Parks & Recreation Improvements $212,780
To tal:$3,322,314
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1.c
Packet Pg. 14
Street Improvement Projects
•Residential & Collector Street
Rehabilitation-Ar eas 1 and 2
Ar terial Street Rehabilitation-
Golden Springs
(Lemon to Brea Canyon)
(Brea Canyon to Grand) (Design)
Carryover $82,779
•Ar terial Street Rehabilitation
Diamond Bar Blvd. (Construction)
Pathfinder to Mountain Laurel
Carryover $600,000
New appropriation $600,000
•CDBG Area 2 Curb Ramp Project
(Construction) $177,855
5
To tal Proposed
Budget
$1,460,634
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Packet Pg. 15
Tr affic Management/Safety Projects
Battery Back Up System-Final 11
Locations (Design & Construction)
$107,000
6
To tal Proposed
Budget
$107,000
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Packet Pg. 16
Tr ansportation Infrastructure Improvements
•Lemon Ave. Quiet Zone (Construction)
Carryover $60,000
(City Share w/ City of Industry)
•Bus Shelter Replacements
Golden Springs Drive/Calbourne
Carryover $40,000
(Foothill Transit Grant @ $40k/Shelter)
7
To tal Proposed
Budget
$100,000
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Packet Pg. 17
Miscellaneous PW Improvements
8
To tal Proposed
Budget
$1,441,900
•Grand/GSD Intersection
Enhancements
(Construction)
Carryover $1,378,040
•Electric Charging Station
at City Hall (Construction)
Carryover $63,860
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Packet Pg. 18
Facilities, Parks and Rec Improvements
•Canyon Loop Tr ail (Design)
Carryover $37,380
•New Roof at Heritage Park
(Construction)
$100,000
•DBC Slope Creep Repairs (Design)
Carryover $75,000
9
To tal Proposed
Budget
$212,780
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Packet Pg. 19
Deferred Projects
Residential and Collector Street Rehab -Area 1 (Const.)New $ 2,000,000
Arterial Street Rehab (Golden Springs from Brea Canyon to
Lemon Ave.) (Const.)New $ 900,000
Groundwater Drainage Improvements-Phase 3 (Flapjack-
Design)Carryover $ 65,000
Groundwater Drainage Improvements-Phase 3 (Flapjack-
Construction)Carryover $ 322,000
Canyon Loop Trail (Construction)New $ 447,720
Sycamore Canyon Creek Repair Carryover -In Design $ 80,000
DBC Slope Stabilization (Construction)New $ 450,000
TOTAL=$4,264,720
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Packet Pg. 20
Unfunded CIP Projects
•Heritage Park Improvements (Construction) $6,000,000
•Sunset Crossing Park (Construction) $5,000,000
•Diamond Bar Blvd. Complete Street (Construction) $6,000,000
($3,000,000 SGVCOG Measure M MSP Grant Awarded to date.)
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Packet Pg. 21
12
FY 20-21 CIP Funding Sources
(Prioritized Projects)
TOTAL=$3,322,314
RMRA (SB-1)$ 2,076,811
Measure M $ 290,470
Gas Tax Fund $ 0
General Fund Reserves $ 0
Prop A $ 53,500
Prop C $ 332,943
AB2766 $ 24,930
SB 821 Fund -Bike and Pedestrian Paths (TDA)$ 74,095
CDBG Funds $ 177,855
Quimby $ 37,780
MSRC Grant $ 38,930
Building & Facilities Maintenance Fund $ 175,000
Foothill Transit Grant $ 40,000
1.c
Packet Pg. 22
FY 20-21 Proposed CIP Budget
Questions?
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Packet Pg. 23
Agenda #: 3.1
Meeting Date: April 21, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE APRIL 7, 2020 MEETING.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the April 7, 2020 Regular City Council meeting minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
The minutes of the Regular City Council meeting of April 7, 2020 have been prepared
and are being presented for approval.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.1.a April 7, 2020 City Council Minutes
3.1
Packet Pg. 24
CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
APRIL 7, 2020
CALL TO ORDER: Mayor Tye called the Regular City Council meeting to
order at 6:37 p.m.
Mayor Tye stated that consistent with COVID-19 regulations, all Council Members and
staff are participating via teleconference and there is no physical location for public
attendance. The Public has been invited to join the meeting online or by phone at the
numbers printed on the agenda. The City has also allowed Public Comments to be
submitted in advance to the City Clerk. If any were received, they will be read into the
record during the Public Comment period.
PLEDGE OF ALLEGIANCE: Mayor Tye led the Pledge of Allegiance.
ROLL CALL: Council Members Andrew Chou, Ruth Low, Jennifer
“Fred” Mahlke, Mayor Pro Tem Nancy Lyons, and
Mayor Steve Tye
Staff participating telephonically: Dan Fox, City Manager; Ryan McLean, Assistant
City Manager; David DeBerry, City Attorney; David Liu, Public Works Director;
Anthony Santos, Assistant to the City Manager; Greg Gubman, Community
Development Director; Grace Lee, Senior Planner; Dianna Honeywell, Finance
Director; Marsha Roa, Public Information Manager; Kristina Santana, City Clerk.
APPROVAL OF AGENDA: As presented.
1. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
2. PUBLIC COMMENTS:
CC/Santana stated that no comments were submitted by email. With no one
indicating their wish to speak on general or agenda items via teleconference,
M/Tye closed the Public Comments portion of the meeting.
3. CONSENT CALENDAR: MPT/Lyons moved, C/Low seconded, to
approve the Consent Calendar with the exception of Items 3.11 and 3.14 pulled
by C/Chou for further consideration. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
3.1 APPROVED CITY COUNCIL MINUTES:
3.1a MARCH 3, 2020 STUDY SESSION MEETING MINUTES.
3.1b MARCH 3, 2020 CITY COUNCIL MEETING MINUTES.
3.1.a
Packet Pg. 25
APRIL 7, 2020 PAGE 2 CITY COUNCIL
3.1c MARCH 19, 2020 SPECIAL CITY COUNCIL MEETING MINUTES.
3.2 CITY COUNCIL RECEIPT OF COMMISSION MINUTES:
3.2a Traffic and Transportation Commission Minutes of January 9, 2020.
3.2b Planning Commission Minutes of January 28, 2020.
3.3 RATIFIED CHECK REGISTER dated February 27, 2020 through March
11, 2020 totaling $1,354,116.40.
3.4 RATIFIED CHECK REGISTER dated March 12, 2020 through March 25,
2020 totaling $1,435,603.54.
3.5 APPROVED TREASURER’S STATEMENT for February 2020.
3.6 APPROVED CONSULTING SERVICES AGREEMENT WITH
ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) IN THE AMOUNT OF
$228,095 TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR)
FOR THE CROOKED CREEK SUBDIVISION PROJECT.
3.7 APPROVED THE 2019 HOUSING ELEMENT ANNUAL PROGRESS
REPORT FOR FILING WITH THE STATE DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT (HCD) AND THE GOVERNOR’S
OFFICE OF PLANNING AND RESEARCH (OPR).
3.8 ADOPTED RESOLUTION NO. 2020-05 DESIGNATING AUTHORIZED
AGENTS AND APPROVED DESIGNATION OF APPLICANT’S AGENT
RESOLUTION FOR NON-STATE AGENCIES (CALOES FORM 130).
3.9 APPROVED EXECUTION OF THE SAN GABRIEL VALLEY REGIONAL
HOUSING TRUST JOINT EXERCISE OF POWERS AGREEMENT.
3.10 APPROVED GENERAL SERVICES AGREEMENT WITH THE COUNTY
OF LOS ANGELES FOR SPECIFIED COUNTY SERVICES THROUGH
JUNE 30, 2025.
3.12 APPROVED SECOND AMENDMENT TO THE CITY’S STANDARD
SOFTWARE PURCHASE AND LICENSE AGREEMENT FOR
INSTALLATION AND IMPLEMENTATION OF AN ADAPTIVE TRAFFIC
CONTROL SYSTEM (ATCS) WITH SIEMENS MOBILITY, INC.
3.13 ADOPTED RESOLUTION NOS. 2020-06 (No. 38, 2020-07, No. 39, and
2020-08 No. 41) ORDERING THE CITY ENGINEER TO PREPARE AND
FILE A REPORT RELATED TO MAINTENANCE OF IMPROVEMENTS IN
LANDSCAPING ASSESSMENT DISTRICT NOS. 38, 39, AND 41, AND
ANY ASSESSMENT THEREON FOR FISCAL YEAR 2020-2021.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
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3.11 APPROVED FUNDING AGREEMENT WITH THE LOS ANGELES
COUNTY METROPOLITAN TRANSPORTATION AUTHORITY TO
SECURE MEASURE M FIRST/LAST MILE AND COMPLETE STREETS
PROGRAM GRANT FUNDS IN THE AMOUNT OF $2,985,000 FOR THE
DIAMOND BAR BOULEVARD COMPLETE STREETS PROJECT.
C/Chou asked if staff could elaborate on when the City might expect to
receive the grant funds in light of the current pandemic and when the
project might begin.
CM/Fox explained that the grant funds are eligible to be used currently
and the City has until 2022 to commence construction. As indicated in the
staff report there is about a $3 million funding gap for this project and staff
will continue to look for additional funding sources . MTA has been willing
to work with Diamond Bar in the past and should the City need to ask for
extensions in order to secure the funding or because of unexpected
delays such as COVID-19, he is certain the MTA would be willing to work
with the City on that issue.
C/Chou moved, C/Mahlke seconded, to approve Consent Calendar Item
3.11. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
3.14 APPROVED PURCHASE OF TWO (2) 2020 FORD TRUCKS FOR THE
PUBLIC WORKS DEPARTMENT IN THE AMOUNT OF $85,888.62 TO
FRITTS FORD.
C/Chou said he was concerned about spending $85,000 plus on the
purchases of two trucks when businesses are shuttered and wanted to
know if this purchase could be postponed for a few months until the City
had more clarity about what the future holds.
PWD/Liu responded that the City does not have a maintenance yard and
these trucks are used on a daily basis. In addition, the trucks slated to be
replaced are almost 14 years old and at the end of their service life. Even
during these difficult times, the City continues to provide essential services
and staff is on duty every day to perform the necessary work to maintain
the City. The quote came from Fritts Ford of Riv erside and the price will
be honored only until April 19th. If the City decides to delay the purchase
of these two trucks, the price will be more. In addition, one of the two
trucks to be replaced is already out of commission , which has mandated
usage of one of the pool cars meant for staff. The second truck, according
to the service manual, is due to suffer the same fate at any time, which
means that to fix it would cost more than the blue book value which is less
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than $8,000.
C/Low asked PWD/Liu to explain “essential services” as they apply to
these trucks. PWD/Liu responded that the trucks are equipped with all
equipment and tools essential for maintenance throughout the City. On a
typical day these workers will enter parks to perform daily routine s checks
of facilities and to make necessary repairs, which require the onboard
tools. Repairs may include replacement of faucets, repair of leaks,
playground equipment cleaning and repairs, etc.
C/Low said she understood that the City’s facilities are closed to the public
including the trails and that the park bathrooms remain open. With the
closures, is there still the same need as if those facilities are not closed
and PWD/Liu responded yes because the City needs to stay on top of
things and everything is checked on a daily basis.
C/Chou felt that only the vehicle that was not working should be placed at
this time and the second truck replaced next quarter.
C/Chou moved to purchase one truck only and delay consideration of the
purchase of the second vehicle until the next quarter. C/Mahlke seconded
the motion for purposes of discussion.
C/Mahlke asked how this motion would affect the approval since the
purchase money for two trucks had been approved as part of the budget.
C/Low said the motion was vague.
C/Chou amended his motion to purchase a truck to replace the t ruck that
is currently out of commission and push out the purchase of the second
truck to the next quarter.
M/Tye felt this was a decision best left to staff to determine which
purchase was to replace which truck if that is the direction of the City
Council.
CA/DeBerry explained it could be part of the motion to allow staff to make
the determination as to which truck would be replaced if the Council chose
to go in that direction.
MPT/Lyons asked PWD/Liu to comment on approximately how many
miles are on the truck that is still running. PWD/Liu explained that the
current working truck is a 2006 Ford F350 that has about 85,000 miles on
it with a current Blue Book value of only $7,800. On the maintenance
side, since January 2018 the City has spent over $10,000 in recurring
costs. Staff is very concerned about the safety and working conditions of
the truck and has been told and advised by the repair shop that the engine
is basically in its last hours of life and that it would cost an additional
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$16,000 to $20,000 to replace the engine. Staff does not believe it is a
sound investment for the City to continue pumping money into a truck that
is basically at the end of its service life. These trucks are working full time
and not only is the mileage to be con sidered, the total hours of operation
are taken into consideration as well. Looking at the average speed
compared to the number of miles is about 30 mph which sh ows the trucks
are working hard. In addition, they are often sitting idle when they are
providing traffic control as well as, power to do the work that is done from
these trucks. Staff believes that the condition of these two trucks is
unsafe and that they are not in good working condition.
MPT/Lyons said that given what PWD/Liu has stated, she offered a
substitute motion to approve Item 3.14 as recommended. C/Low
seconded the substitute motion. Substitute motion approved by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Low, Mahlke, MPT/Lyons, M/Tye
NOES: COUNCIL MEMBERS: Chou
ABSENT: COUNCIL MEMBERS: None
4. PUBLIC HEARING(S): NONE
5. COUNCIL CONSIDERATION:
5.1 CITY COUNCIL STRATEGIC PLAN 2021-24:
ACM/McLean presented the City Council Strategic Plan proposed for the
years 2021 through 2024. Three years ago the City Council adopted what
was then the City’s first Strategic Plan which was a first step towar d a
more aspirational planning process setting forth a work plan for the City
that replaced the previous more specific list version of the Council’s Goals
and Objectives. The 2017-2020 Strategic Plan was an ambitious
undertaking with more than 90 tasks identified, about 95 percent of which
have been completed or are underway. Some of the pro jects are multi-
year such as the SR57/60 Confluence Project , a project involving state
and federal authorities. In addition, there are many ongoing work plan
items that do not appear in the Strategic Plan which are completed by the
City’s various departments day in and day out, year after year. The
success of the Strategic Plan shows the vision of the City Council as well
as, the talent and dedication of staff in carrying it out.
This proposed revised Strategic Plan seeks continuous improvement
recognizing that people, conditions and priorities change over time, and
flexibility is necessary to respond appropriately moving forward. Diamond
Bar is at a turning point in its history with the passage of the 30 year mark
of incorporation where the City is transitioning to more maintenance of
infrastructure, experiencing a change in demographics as well as, the
current situation related to COVID-19, one of the greatest challenges ever
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to face this and other communities. Council recently adopted the General
Plan 2040 which sets the framework for the next 20 years and the
Strategic Plan needs to reflect those goals as well. The goal of the
proposed Strategic Plan was to lay a foundation for decisions and
recommendations and to involve the entire team in doing so .
ACM/McLean stated that when the revision process began, the executive
team met and worked on a draft plan where certain themes appeared.
Everyone agreed that the process needed to be collaborative. This was
carried out during an extensive staff engagement process during which all
City staff members participated in developing the document. The second
theme that emerged was that the plan should be more aspirational an d
that the plan would set high level goals and strategies and identify the high
priority initiatives that mattered most to the Council and community , and to
use the plan as the foundation for the decisions going forward to make
certain that the policy, initiatives and projects being proposed fit within the
Council’s identified priorities.
There are four main elements that make up the proposed Strategic Plan .
Three main goals are identified: 1) Responsible stewardship of public
resources; 2) Open, engaged and responsive government; and 3) Safe,
sustainable and healthy community. These three goals were a component
of the previous strategic plan, and as staff worked on them they found
them to be a good common thread to continue into the proposed Strategic
Plan document.
The second level is strategies. As an example, a strategy to
accomplishing the first goal “Using responsible stewardship of public
resources”, would be to secure long term financial sustainability. Below
the strategies would be “Key Initiatives”, the nuts and bolts work plan
items, the goal would be to have responsible stewardship of the City’s
resources and the strategy to accomplish that would be to secure long
term financial sustainability, and one initiative to meet that goal and
strategy would be to “reduce subsidies in Lighting and Landscape
Assessment District Nos. 39 and 41”.
ACM/McLean concluded by stating that this plan has been designed to be
an aspirational roadmap to guide the organization through the next three
years to realize the vision, values and priorities; to set high level policy
goals and strategies; and, to prioritize the key initiatives to meet the policy
guidelines of the City Council.
C/Chou thanked staff for putting this document together. He recalls how
impressed he was during staff’s Study Session report and he continues to
be impressed by this project. He believes that this document will serve as
a guide to the City going forward. He thanked staff and his colleagues for
their work.
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C/Chou moved, C/Mahlke seconded, to approve the City Council Strategic
Plan 2021-24 as presented. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
5.2 2019 PUBLIC SAFETY REPORT:
ACM/McLean presented the staff report stating the report will be posted
on the City’s website for public consumption. In general, this document
provides an overview of the City’s Public Safety program including
partnerships with the LA County Fire Department, the City’s law
enforcement team from the LA County Sheriff’s Department as well as, an
overview of statistics and trends and public engagement programs that
work with the City’s Public Safety Team. ACM/McLean elaborated on the
services provided by each of these partnerships.
In early 2019 the former library site owned by the county was converted to
house the east county’s administration for the Fire Department which
means that Diamond Bar has a permanent location for fire department
personnel including plan checkers and others who can provide service to
the public. In 2019 the Fire Department responded to 59 fire incidents and
over 2500 rescue/emergency medical responses.
The LA County Sheriff’s Department works with the City to determine the
annual needs of the community related to crime statistics. Diamond Bar
has 17 deputies scheduled in three shifts of 3 to 8 deputies throughout the
day with employment based on need. The City also has a robust
Volunteers on Patrol program that includes 25 Diamond Bar volunteers
who provided almost 9,000 hours of service in 2019 which was valued by
the Sheriff’s Department at $225,000. Overall, 2019 was the second
consecutive year of declining crime rates of about 11 percent over the
past two years. There was a bit of a spike in the violent crim e category in
2019, the majority of which were domestic abuse crimes (24 incident s/121
percent spike); however, property crimes have fallen by 3.3 percent with
residential burglaries declining by over 37 percent from 2018 levels.
ACM/McLean provided a chart with a database going back to 1990, the
first full year of statistics in Diamond Bar, which shows that Part 1 crimes
have declined and are much lower than they were early in the City’s
history. The City has a very robust crime prevention strategy program.
The Council offers supplementary budgetary resources for a number of
items including special and undercover operations, suppression patrol, the
STAR program, and additional public engagement. The City has had a
very successful run with the program known as “Let’s Talk Public Safety”
which is meant to encourage community partnerships and education.
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Diamond Bar partners with deputies and members of the Fire Department
to produce public meetings, Neighborhood and Business Watch, Coffee
with a Cop, engagement with school officials and clergy at local faith-
based facilities in town. Safety Speaks is a blog on the City’s website that
provides information and tips for residents and business owners as well
as, various other information including videos and other print materials
housed online. The City has continued to offer the R eports for Reward
program which offers up to a $500 reward for information that leads to the
arrest of the property crime suspect (3 in 2019 and early 2020) and
promotes individuals to “if they see something, say something”.
Diamond Bar is unique with respect to traffic. The City is at the corner of
four of the largest populated counties in the nation – Los Angeles, Orange,
Riverside and San Bernardino. The SR57/60 Confluence has upwards of
400,000 vehicles proceeding through the City each day which l eads to a
lot of cut-through traffic on Diamond Bar streets. Staff has worked closely
with Captain Reyes and Lieutenant Tousey to make sure that the deputies
on patrol in Diamond Bar focus on traffic. Diamond Bar has a dedicated
traffic car plus members of the special assignment team that focus on
traffic enforcement on arterials and in school zones. In 2019 significantly
more drivers were cited for moving violations that res ulted in an over 12
percent drop in total collisions in 2019 versus 2018.
In summary, Diamond Bar is a safe community. This does not mean that
Diamond Bar has no crime. This is a low crime community that has
challenges. Messages continue to go out to the community to residents
and business owners that “if they see something, say something” and
Diamond Bar has had great success with residents calling in when they
notice something that doesn’t seem right, which has led to arrests of
suspects. Public Safety is a partnership that continues to be stressed and
the City encourages everyone to remain vigilant to make sure their
neighborhoods are safe and to report anything that is out of place.
For 2019 through February 2020 prior to the COVID-19 shutdown, the City
is down 16 percent in overall crimes and ACM/McLean said he expects
there will be even less crime during the stay at home orders.
C/Low thanked staff for the excellent report and thanked the Sheriff’s and
Fire Departments for the excellent work they do every day. She
challenged the law enforcement agency to concentra te on the business
burglary numbers. It is wonderful to hear that residential burglaries have
decreased significantly, but it is a little frightening that commercial
burglaries have gone up 10 percent (12 incidents).
C/Low moved, MPT/Lyons seconded, to Receive and File the 2019 Public
Safety Report. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
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M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou participated in a League of Cities Policy Committee conference with
other Council Members and Mayors throughout the State of California. The
Committee is tracking bills including Senator Rubio’s AB 2122 which would
authorize city attorneys to impose civil penalties against unlicensed commercial
cannabis operators of up to $30,000 per violation. As a result of COVID-19
people are getting a lot of information from the County and State. County
Supervisor Janice Hahn has authorized a $30,000 grant to Diamond Bar
Evergreen Club as well as, Industry’s Meals on Wheels, both of which help and
support the seniors in this City. For any senior residents who are experiencing
food insecurity and need food they should contact either entity for additional
support. The time is coming that the City will approve its fiscal budget for 2021 -
22 and he noticed City contracts that have been ongoing for several years.
Specifically, there was a contract with a consulting firm signed in 1997 for $3,000
per month. He asked that the Mayor agendize review of the contract with
Gonzales & Co at the next meeting and requested a report from staff.
C/Low thanked staff for this very special meeting using technology to further the
Council’s goals of government transparency and good governance. She is
excited that this is possible through the internet because it allows for social
distancing. She hopes staff is doing well working from home and taking ca re of
business and thanks them for all they are doing. Over the past two weeks she,
too, has been working from home. It is a new experie nce for her and as she
walks around the neighborhood she sees that her neighbors are walking and
getting their exercise. She encouraged everyone to remember that we are all in
this together. These are trying times and we need to keep doing what is
necessary by following the guidelines of the health professionals. No one is
immune. It is very important that everyone stay vigilant. She encouraged
everyone to continue being kind to their neighbors and reaching out to help when
they can. To those who tested positive she sends her best wishes and asks
everyone to send their best wishes as well. Although the big concern i s the
Corona Virus, there are many in the community suffering regular diseases and
she hopes best wishes will be extended to those individuals as well. Celebrate
every day and find special joys in your lives. She wished the Jewish community
a Happy Passover and to Christian friends, a Happy Easter. Everyone stay
strong, stay safe and stay healthy. Together, we will get through this.
C/Mahlke said that what is happening in communities is weighing heavily on her
and her colleagues have the same concerns. She congratulated ACM/McLean
on a great job this evening and the content of his reports was optimistic
information that provided a really positive momentum to remind everyone that if
we only get our news from one place it does not always feel this safe, but it
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shows that this City is moving in a positive direction and that Diamond Bar is a
place everyone is proud to live in. She is especially proud of the residents who
have been staying in. When they are out they wear masks and share food and
supplies which mimics what the Strategic Plan speaks to, which is the sense of
community and livability. She is very grateful to the City leaders, management
and staff who have done a really great job keeping everyone educated and
informed. The City is running incredibly smoothly making this transition of
working from home which, while it looks easy, is not. This plays i nto the
Strategic Plan of service and professionalism and setting this meeting up and
likely many to follow as well, confirms the notion of transparency and
accountability, which is another reason she is proud and happy to be a resident
and representative of Diamond Bar. During this terribly uncertain and scary time,
please continue to reach out to people who are important to you, stay as healthy
as possible and do something every day that makes you happy. In the middle of
so much uncertainty, continuing to find joy and happiness as C/Low said, is
incredibly important.
MPT/Lyons extended her appreciation to City staff who are handling the
pandemic with urgency and grace. Everyone really appreciates their efforts. Her
appreciation includes the Parks and Recreation Department who have done
some activities to lift spirits including the Zumbini and Yoga classes at home, a
chalk coloring contest, and more. Anyone who wishes to find information about
those classes can look on the City’s website under Special Events. It seems like
a lifetime ago that we had the Miss Diamond Bar 2020 Fellowship Pageant on
March 8th and at that time the City recognized the outgoing court for all of their
hard work over the past year. She asked that Miss Diamond Bar 2019, Bella
Lamb and her court, be recognized for all of their participation in City events,
grand openings, library events, etc. They generally made Diamond Bar a better
place to live and we are grateful and thank them for their hundreds of hours of
service to the community. At that same event, a new court was crowned which
will be led by Miss Diamond Bar Julia Ruelas and once things get back to
normal, we can expect to see those hard working ladies everywhere. She asked
that tonight’s meeting be adjourned in memory of two long time Diamond Bar
residents, David Petry who was an all-round good guy, a humble church
member, a woodworker who built the cabinet ry in his Diamond Bar home,
beloved husband of Louise, father and grandfather ; and, Martin Lindemulder, a
solid Diamond Bar citizen, active in Little League who coached, activ e in Boy
Scouts, and a great neighbor who will be missed by his children and
grandchildren and especially, his wife Sue. Neither gentleman died of COVID-
19. The death of a loved one is always difficult, but to be in the middle of a
pandemic one is not allowed to celebrate the lives lost or grieve with friends and
relatives in person. As one of the widows told MPT/Lyons yesterday, she would
really like some hugs. So, anyone who knows either of these individuals, please
reach out to express your condolences. Happy Passover and a Blessed Easter.
M/Tye said that everyone has to do what they can do. We are in this together.
The LA County Sheriff’s Department reported an increase in scams and hacking
attempts and the Sheriff’s Department is asking everyon e to be diligent. Chief
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Information Officer, William (Bill) Kehoe said that malicious actors can pray upon
those who are distracted by the COVID-19 pandemic and use it to their
advantage. The public needs to be mindful and careful more so than ever, and
avoid websites, phishing emails and scams that engage people to false
information about the health crisis. They are going to use that to steal personal
user information and data, and by clicking on fraudulent web links, hackers can
deliver malware and gain access to passwords, browsing information, credit card
numbers and other personal information, especially during tax time. So please,
please, please be careful. If you do not recognize the name, delete it and
whatever you do, do not click on something you do not recognize. Much better to
be safe than sorry than to try and put all of the pieces back together. M/Tye
hopes everyone will heed this warning. Let’s hope that the next City Council
meeting is in person. Perhaps it will be in May. Great effort by staff on tonight’s
meeting. Thank you to everyone for everything that they did to put this meeting
together, the reports, CC/Santana for coordinating this and making sure the
Council and community could be heard. Everyone continue to do their part and
we will get through this working together.
ADJOURNMENT: With no further business to conduct, M/Tye adjourned the
Regular City Council Meeting at 7:46 p.m. in memory of Diamond Bar resident Martin
Lindemulder and David Petry.
Respectfully submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 21st day of April, 2020.
__________________________
Steve Tye, Mayor
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Agenda #: 3.2
Meeting Date: April 21, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED MARCH 26, 2020
THROUGH APRIL 8, 2020 TOTALING $1,829,106.73.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $1,829,106.73.
BACKGROUND/DISCUSSION:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council Meeting.
The attached check register containing checks dated March 26, 2020 through April 8,
2020 totaling $1,829,106.73 is being presented for ratification. All payments have been
made in compliance with the City’s purchasing policies and procedures, and have been
reviewed and approved by the appropriate departmental staff . The attached Affidavit
affirms that the check register has been audited and deemed accurate by the Finance
Director.
PREPARED BY:
3.2
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REVIEWED BY:
Attachments:
1. 3.2.a Check Register Affidavit 4-21-2020
2. 3.2.b Check Register 4-21-2020
3.2
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Packet Pg. 38
SUNGARD PENTAMATION INC PAGE NUMBER: 1DATE: 04/08/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:16:54 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200326 00:00:00.000’ and ’20200408 00:00:00.000’ACCOUNTING PERIOD: 10/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132317 04/08/20 AARP AARP 0015350 AARP MATURE DRIVING 0.00 50.0010100 132318 04/08/20 ACOSTAAN ANNA ACOSTA 001 RECREATION REFUND 0.00 13.7510100 132319 04/08/20 AFFORDAB AFFORDABLE GENERATOR SER 0015333 MAINT SVCS-DBC 0.00 743.9010100 132320 04/08/20 ALVADIEG DIEGO ALVA 001 FACILITY REFUND 0.00 595.5010100 132321 04/08/20 AGIACADE ANCOM GROUP INC 0015350 CONTRACT CLASS-WINTER 0.00 550.0210100 132322 04/08/20 BALDWINC CAROLE L BALDWIN 0015350 CONTRACT CLASS-WINTER 0.00 250.3710100 132323 04/08/20 BALOGHJU JULIANNA BALOGH 0015350 CONTRACT CLASS-WINTER 0.00 64.0110100 132324 04/08/20 BARRAZAA ARIEMARLENE BARRAZA 001 FACILITY REFUND-DBC 0.00 900.0010100 132325 04/08/20 BARRETTT THOMAS BARRETT 0015350 CONTRACT CLASS-WINTER 0.00 48.0010100 132326 04/08/20 BEARSTAT BEARSTATE AIR CONDITIONI 0015333 REG MAINT SVCS-DBC 0.00 1,059.4210100 132327 04/08/20 EVERGREE ROBYN A BECKWITH 0014093 PLANT MAINT-CITY HALL 0.00 325.0010100 132327 04/08/20 EVERGREE ROBYN A BECKWITH 0014093 PLANT MAINT-LIBRARY 0.00 107.00TOTAL CHECK 0.00 432.0010100 132328 04/08/20 BEGINNER BEGINNERS EDGE SPORTS TR 0015350 CONTRACT CLASS-WINTER 0.00 510.2910100 132329 04/08/20 BESTLTG BEST LIGHTING PRODUCTS I 1385538 MAINT SVCS-NARCH 0.00 156.3010100 132329 04/08/20 BESTLTG BEST LIGHTING PRODUCTS I 0015333 MAINT SVCS-MARCH 0.00 169.2210100 132329 04/08/20 BESTLTG BEST LIGHTING PRODUCTS I 0014093 MAINT SVCS-MARCH 0.00 372.3510100 132329 04/08/20 BESTLTG BEST LIGHTING PRODUCTS I 0015556 MAINT SVCS-MARCH 0.00 956.27TOTAL CHECK 0.00 1,654.1410100 132330 04/08/20 BISHOPJO JOHN E BISHOP 0015350 CONTRACT CLASS-WINTER 0.00 76.8010100 132331 04/08/20 BONTERRA BONTERRA PSOMAS 001 PROF.SVCS-PL 2015-44 0.00 1,207.5010100 132332 04/08/20 CACCAMDA DANIEL CACCAM 001 RECREATION REFUND 0.00 14.3710100 132333 04/08/20 CALUZAFR FRITZIE JILL MAULEON CAL 001 FACILITY REFUND 0.00 125.6710100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 18-34262 0.00 47.8710100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 16-2461 0.00 83.1610100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 10-301 0.00 83.1610100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 17-130 0.00 83.1610100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMID FEE-PR 16-2461 0.00 83.1610100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 17-6629 0.00 83.1610100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 PROF.SVCS-PR 17-998 0.00 170.0010100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 17-288 0.00 199.0510100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 19-2051 0.00 261.9010100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 PROF.SVCS-PR 18-34262 0.00 265.9410100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 PROF.SVCS-PR 17-130 0.00 462.0010100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 PROF.SVCS-PR 17-6629 0.00 462.003.2.bPacket Pg. 39
SUNGARD PENTAMATION INC PAGE NUMBER: 2DATE: 04/08/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:16:54 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200326 00:00:00.000’ and ’20200408 00:00:00.000’ACCOUNTING PERIOD: 10/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 PROF.SVCS-PR 16-2461 0.00 462.0010100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 PROF.SVCS-PR 10-301 0.00 462.0010100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 PROF.SVCS-PR 16-2461 0.00 462.0010100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 PROF.SVCS-PR 19-2051 0.00 1,760.0010100 132334 04/08/20 PENCOENG CANNON CORPORATION 0015551 PROF.SVCS-INSPECTION 0.00 105.0010100 132334 04/08/20 PENCOENG CANNON CORPORATION 0015551 PROF.SVCS-INSPECTIONS 0.00 196.0610100 132334 04/08/20 PENCOENG CANNON CORPORATION 0015551 PROF.SVCS-GRADING PLN 0.00 326.4910100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 PROF.SVCS-PR 17-288 0.00 1,105.8510100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 PROF.SVCS-PR 19-2051 0.00 1,455.0010100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 19-2051 0.00 316.8010100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 17-998 0.00 30.6010100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 19-2051 0.00 -316.8010100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 19-2051 0.00 -261.9010100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 17-288 0.00 -199.0510100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMID FEE-PR 16-2461 0.00 -83.1610100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 17-6629 0.00 -83.1610100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 17-130 0.00 -83.1610100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 16-2461 0.00 -83.1610100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 10-301 0.00 -83.1610100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 18-34262 0.00 -47.8710100 132334 04/08/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 17-998 0.00 -30.6010100 132334 04/08/20 PENCOENG CANNON CORPORATION 0015551 PROF.SVCS-GRADING RVW 0.00 465.84TOTAL CHECK 0.00 8,160.1810100 132335 04/08/20 CAZAREZA ALFREDO CAZAREZ 001 RECREATION REFUND 0.00 14.3710100 132336 04/08/20 CHANGDAN DANNY CHANG 001 RECREATION REFUND 0.00 143.7410100 132337 04/08/20 CHEMPROL CHEM PRO LABORATORY INC 0014093 WATER TREATMENT SVCS 0.00 155.0010100 132338 04/08/20 CHIUVIOL VIOLA FUNG CHI CHIU 001 RECREATION REFUND 0.00 27.5010100 132339 04/08/20 CHONGENA EN AL CHONG 001 RECREATION REFUND 0.00 595.5010100 132340 04/08/20 CHUNGBIL BILLY CHUNG 001 DEP REFUND-FPL 07-296 0.00 1,027.1510100 132340 04/08/20 CHUNGBIL BILLY CHUNG 001 DEP REFUND-PL 2019-20 0.00 10,000.00TOTAL CHECK 0.00 11,027.1510100 132341 04/08/20 CHUNGWAN WANSEO CHUNG 0015350 CONTRACT CLASS-WINTER 0.00 312.0010100 132342 04/08/20 CIVICPLU CIVICPLUS LLC 0254095 EMERG BANNER ANNCMNT 0.00 640.0010100 132342 04/08/20 CIVICPLU CIVICPLUS LLC 0014095 CP MOBILE APP CONNECT 0.00 1,110.57TOTAL CHECK 0.00 1,750.5710100 132343 04/08/20 CLEANHAR CLEAN HARBORS ENVIRONMEN 1155515 ENVIRONMENTAL CLEANUP 0.00 672.7010100 132344 04/08/20 REINBERG CNC PRINTWERKS 0014030 PRINT SVCS-BUS CARDS 0.00 86.5110100 132345 04/08/20 DAITITUS TITUS DAI 001 RECREATION REFUND 0.00 115.0010100 132346 04/08/20 DAPEERRO DAPEER ROSENBLIT & LITVA 0014020 LEGAL SVCS-FEB 2020 0.00 1,424.603.2.bPacket Pg. 40
SUNGARD PENTAMATION INC PAGE NUMBER: 3DATE: 04/08/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:16:54 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200326 00:00:00.000’ and ’20200408 00:00:00.000’ACCOUNTING PERIOD: 10/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132347 04/08/20 DAVIDEVA DAVID EVANS AND ASSOCIAT 2505510 ARCHITECTURAL SVCS-FE 0.00 2,653.1410100 132348 04/08/20 DISCOVER DISCOVERY SCIENCE CENTER 1155515 PROGRAM DELIVERY-MAR 0.00 3,374.2510100 132349 04/08/20 DOGGIEWA DOGGIE WALK BAGS INC 1155515 SUPPLIES-DOGGIE BAGS 0.00 1,182.6010100 132350 04/08/20 DONGBI BI DONG 001 RECREATION REFUND 0.00 350.0010100 132351 04/08/20 DUNNEDWA DUNN EDWARDS CORPORATION 0015333 BLDG MAINT SVCS-DBC 0.00 124.3510100 132352 04/08/20 DYETTBHA DYETT & BHATIA, URBAN & 0155210 GEN PLAN SVCS-NOV-FEB 0.00 47,687.3410100 132353 04/08/20 EMERALD EMERALD LANDSCAPE SERVIC 0014093 MAINT SVCS-MARCH 2020 0.00 1,006.0010100 132353 04/08/20 EMERALD EMERALD LANDSCAPE SERVIC 0014093 ADDL MAINT SVCS-MAR 0.00 11.52TOTAL CHECK 0.00 1,017.5210100 132354 04/08/20 EXTERMIN EXTERMINETICS OF SO CAL 0015556 PEST CONTROL-PANTERA 0.00 30.0010100 132354 04/08/20 EXTERMIN EXTERMINETICS OF SO CAL 0015556 PEST CONTROL-HERITAGE 0.00 40.0010100 132354 04/08/20 EXTERMIN EXTERMINETICS OF SO CAL 0015556 PEST CONTROL-PETERSON 0.00 50.0010100 132354 04/08/20 EXTERMIN EXTERMINETICS OF SO CAL 0015333 PEST CONTROL-DBC 0.00 115.0010100 132354 04/08/20 EXTERMIN EXTERMINETICS OF SO CAL 0014093 PEST CONTROL-C/HALL 0.00 145.00TOTAL CHECK 0.00 380.0010100 132355 04/08/20 FERNJACL JACLYN FERNANDEZ 001 RECREATION REFUND 0.00 13.7510100 132356 04/08/20 FAH FULLERTON ACE HARDWARE 0015554 SUPPLIES-RD MAINT 0.00 169.8510100 132357 04/08/20 GONZDRYS KRYSTAL GONZALEZ 001 RECREATION REFUND 0.00 87.5010100 132358 04/08/20 GJSINC GUARANTEED JANITORIAL SE 0015556 JANITORIAL SVCS-MAR 0.00 2,450.0010100 132358 04/08/20 GJSINC GUARANTEED JANITORIAL SE 0015333 JANITORIAL SVCS-MAR 0.00 5,400.0010100 132358 04/08/20 GJSINC GUARANTEED JANITORIAL SE 0014093 JANITORIAL SVCS-MAR 0.00 8,724.00TOTAL CHECK 0.00 16,574.0010100 132359 04/08/20 HEARTCHA HEART CHAN 0015350 CONTRACT CLASS-WINTER 0.00 150.0010100 132360 04/08/20 HINKLEMA MARGIE HINKLE 001 RECREATION REFUND 0.00 123.0010100 132361 04/08/20 IVDB INLAND VALLEY DAILY BULL 0014030 SUBSCRIPTION RENEWAL 0.00 73.2010100 132362 04/08/20 ITERIS ITERIS INC 0015551 ON-CALL TRFFC ENG SVC 0.00 245.0010100 132362 04/08/20 ITERIS ITERIS INC 0015551 ON-CALL TRFFC ENG SVC 0.00 2,135.00TOTAL CHECK 0.00 2,380.0010100 132363 04/08/20 JCLTRAFF JCL TRAFFIC SERVICES 0015554 RD MAINT SUPPLIES 0.00 838.3310100 132364 04/08/20 JOHNLHUN JOHN L HUNTER & ASSOC. I 0015510 PROF.SVCS-STORMWATER 0.00 2,115.1510100 132365 04/08/20 FASTSIGN K7 ENTERPRISES 0254095 CLOSURE SIGNS-C/HALL 0.00 191.5810100 132366 04/08/20 KASHTOSH SHAWNA KASHTO 001 RECREATION REFUND 0.00 13.753.2.bPacket Pg. 41
SUNGARD PENTAMATION INC PAGE NUMBER: 4DATE: 04/08/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:16:54 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200326 00:00:00.000’ and ’20200408 00:00:00.000’ACCOUNTING PERIOD: 10/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132367 04/08/20 KIMLEYHO KIMLEY HORN AND ASSOCIAT 2505510 ADAPTIVE T/CNTRL SYS 0.00 40,860.1910100 132368 04/08/20 KLEINGAB GABRIELA L KLEIN 0015350 CONTRACT CLASS-WINTER 0.00 240.7210100 132369 04/08/20 KWANSUSA SUSAN KWAN 001 RECREATION REFUND 0.00 53.7510100 132370 04/08/20 LEEPEI PEI LEE 001 RECREATION REFUND 0.00 493.0010100 132371 04/08/20 LEONGKAT KATHLEEN LEONG 001 RECREATION REFUND 0.00 44.5010100 132372 04/08/20 LIEBESHE SHERI-LYN LIEBE 0015350 CONTRACT CLASS-WINTER 0.00 153.0010100 132373 04/08/20 LASASSOC LOCAL AGENCY ENGINEERING 0015551 CONSULTING SVCS-P/WKS 0.00 16,531.0510100 132374 04/08/20 LACMTA LOS ANGELES COUNTY MTA 1125553 CITY SUBSIDY-FEB 2020 0.00 88.0010100 132374 04/08/20 LACMTA LOS ANGELES COUNTY MTA 1125553 MTA PASSES-FEB SR 0.00 63.0010100 132374 04/08/20 LACMTA LOS ANGELES COUNTY MTA 1125553 CITY SUBSIDY-FEB SR 0.00 63.0010100 132374 04/08/20 LACMTA LOS ANGELES COUNTY MTA 1125553 MTA PASSES-FEB 2020 0.00 352.00TOTAL CHECK 0.00 566.0010100 132375 04/08/20 LASHERIF LOS ANGELES COUNTY SHERI 0014411 CONTRACT SVCS-FEB 20 0.00 568,276.4910100 132375 04/08/20 LASHERIF LOS ANGELES COUNTY SHERI 0014411 HELICOPTER SVCS-JAN 0.00 319.1010100 132375 04/08/20 LASHERIF LOS ANGELES COUNTY SHERI 0014411 CALVARY CHAPEL-FEB 20 0.00 9,601.78TOTAL CHECK 0.00 578,197.3710100 132376 04/08/20 MAGNUSIN MAGNUS INTERNATIONAL 0254095 SIGNAGE-DBC 0.00 205.0010100 132376 04/08/20 MAGNUSIN MAGNUS INTERNATIONAL 0014095 PROF.SVCS-INTERPRETER 0.00 160.00TOTAL CHECK 0.00 365.0010100 132377 04/08/20 MARCSHOT MARC SHOT THIS PHOTOGRAP 0014010 PHOTOGRAPHY SVCS-CNCL 0.00 285.0010100 132378 04/08/20 MATEUSEM EMILY ROSE MATEUS 001 RECREATION REFUND 0.00 513.0010100 132379 04/08/20 MATTIERI RICK RAYMOND MATTIE 0014095 PROF.SVCS-ST OF CITY 0.00 450.0010100 132380 04/08/20 MEALSONW MEALS ON WHEELS 0114010 COMM ORG SUPPORT FUND 0.00 1,000.0010100 132381 04/08/20 MENDMANU MANUEL MENDOZA 001 RECREATION REFUND 0.00 595.5010100 132382 04/08/20 MERCURYD MERCURY DISPOSAL SYSTEMS 1155515 RECYCLING SVCS-FEB 20 0.00 1,124.7410100 132383 04/08/20 METROLIN METROLINK 1125553 CITY SUBSIDY-FEB 2020 0.00 8,023.4010100 132383 04/08/20 METROLIN METROLINK 1125553 METROLINK PASSES-FEB 0.00 32,093.6010100 132383 04/08/20 METROLIN METROLINK 1125553 METROLINK PASSES-SR 0.00 2,199.7510100 132383 04/08/20 METROLIN METROLINK 1125553 CITY SUBSIDY-SR PASS 0.00 2,199.75TOTAL CHECK 0.00 44,516.5010100 132384 04/08/20 MISIONFR FRANCIS MISION 001 RECREATION REFUND 0.00 28.7410100 132385 04/08/20 MOBILERE MOBILE RELAY ASSOCIATES 0014440 REPEATER SVCS-APR 0.00 78.7510100 132386 04/08/20 MOONEYMA MARLENE RAMIREZ MOONEY 0015350 CONTRACT CLASS-WINTER 0.00 351.003.2.bPacket Pg. 42
SUNGARD PENTAMATION INC PAGE NUMBER: 5DATE: 04/08/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:16:54 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200326 00:00:00.000’ and ’20200408 00:00:00.000’ACCOUNTING PERIOD: 10/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132387 04/08/20 NETWPARA NETWORK PARATRANSIT SYST 1125553 DIAMOND RIDE-FEB 2020 0.00 17,980.9010100 132388 04/08/20 OHCOFCA OCCUPATIONAL HEALTH CENT 0014060 PRE-EMPLYMNT PHYSICAL 0.00 478.0010100 132389 04/08/20 OFFICESO OFFICE SOLUTIONS 0014030 SUPPLIES-CMGR 0.00 993.9510100 132389 04/08/20 OFFICESO OFFICE SOLUTIONS 0015350 SUPPLIES-RECREATION 0.00 30.1610100 132389 04/08/20 OFFICESO OFFICE SOLUTIONS 0015333 SUPPLIES-DBC 0.00 47.5910100 132389 04/08/20 OFFICESO OFFICE SOLUTIONS 0015510 SUPPLIES-P/WORKS 0.00 126.7110100 132389 04/08/20 OFFICESO OFFICE SOLUTIONS 0015210 SUPPLIES-PLNG/BLDG/SF 0.00 224.0510100 132389 04/08/20 OFFICESO OFFICE SOLUTIONS 0014050 MEMO CREDIT-FINANCE 0.00 -0.44TOTAL CHECK 0.00 1,422.0210100 132390 04/08/20 PADIMART MARTHA PADILLA 001 RECREATION REFUND 0.00 86.0010100 132391 04/08/20 PARKSEON SEONGHOON PARK 001 RECREATION REFUND 0.00 14.3710100 132392 04/08/20 PRO1PRIN PRO1PRINT LLC 0254095 CLOSURE SIGNAGE 0.00 1,706.9810100 132393 04/08/20 PUREFINA PURE FINANCIAL ADVISORS 001 FACILITY REFUND 0.00 530.1810100 132394 04/08/20 REUELGRE GREGORY C REUEL 0014096 PROF.SVCS-DEMOGRAPHIC 0.00 600.0010100 132395 04/08/20 RKACONSU RKA CONSULTING GROUP 0015220 BLDG & SFTY SVCS-FEB 0.00 29,392.0010100 132395 04/08/20 RKACONSU RKA CONSULTING GROUP 0015220 BLDG & SFTY SVCS-JAN 0.00 46,853.99TOTAL CHECK 0.00 76,245.9910100 132396 04/08/20 ROGERSAM AMBER ROGERS 0015350 OFFICIAL SVCS-BSKBLL 0.00 750.0010100 132396 04/08/20 ROGERSAM AMBER ROGERS 0015350 GAMES OFFICIAL-JAN-MA 0.00 5,330.00TOTAL CHECK 0.00 6,080.0010100 132397 04/08/20 AGSINC RTS FINANCIAL SERVICE IN 0014411 CROSSING GUARD SVCS 0.00 10,385.4010100 132397 04/08/20 AGSINC RTS FINANCIAL SERVICE IN 0014411 CROSSING GUARD SVCS 0.00 18,557.0710100 132397 04/08/20 AGSINC RTS FINANCIAL SERVICE IN 0014411 CROSSING GUARD SVCS 0.00 19,131.00TOTAL CHECK 0.00 48,073.4710100 132398 04/08/20 SAMPABRA SAMPA BRAZILIAN JIU JITS 0015350 CONTRACT CLASS-WINTER 0.00 26.7010100 132399 04/08/20 SAPLANLE LEANN SAPLAN 001 FACILITY REFUND 0.00 420.0010100 132400 04/08/20 SCFUELS SC FUELS 5205556 FUEL-PKS/FACILITIES 0.00 422.1210100 132400 04/08/20 SCFUELS SC FUELS 5205554 FUEL-RD MAINT 0.00 673.9610100 132400 04/08/20 SCFUELS SC FUELS 5205230 FUEL-CODE ENFOR 0.00 149.1710100 132400 04/08/20 SCFUELS SC FUELS 5204093 FUEL-POOL VEH 0.00 104.5110100 132400 04/08/20 SCFUELS SC FUELS 5204030 FUEL-CMGR 0.00 35.97TOTAL CHECK 0.00 1,385.7310100 132401 04/08/20 SCMAF SCMAF 0015350 SCMAF MEMBERSHIP 0.00 310.0010100 132402 04/08/20 SHUMCRYS CRYSTAL SHUM 0015350 CONTRACT CLASS-WINTER 0.00 158.4010100 132403 04/08/20 SIEMENS SIEMENS INDUSTRY INC 1135553 T/SIGNAL CALL-OUTS 0.00 2,965.473.2.bPacket Pg. 43
SUNGARD PENTAMATION INC PAGE NUMBER: 6DATE: 04/08/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:16:54 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200326 00:00:00.000’ and ’20200408 00:00:00.000’ACCOUNTING PERIOD: 10/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132403 04/08/20 SIEMENS SIEMENS INDUSTRY INC 1135553 T/SIGNAL MAINT SVCS 0.00 6,409.0010100 132403 04/08/20 SIEMENS SIEMENS INDUSTRY INC 2505510 ADAPTIVE TRFFC CNTRL 0.00 162,631.2510100 132403 04/08/20 SIEMENS SIEMENS INDUSTRY INC 2505510 ADAPTIVE TRFFC CNTRL 0.00 278,105.1010100 132403 04/08/20 SIEMENS SIEMENS INDUSTRY INC 1135553 T/SIGNAL MAINT-FEB 0.00 4,554.0010100 132403 04/08/20 SIEMENS SIEMENS INDUSTRY INC 1135553 T/SIGNAL CALL-OUTS 0.00 12,020.30TOTAL CHECK 0.00 466,685.1210100 132404 04/08/20 SIMPSONA SIMPSON ADVERTISING INC 0014095 GRAPHIC DESIGN SVCS 0.00 290.0010100 132404 04/08/20 SIMPSONA SIMPSON ADVERTISING INC 0015333 GRAPHIC DESIGN SVCS 0.00 455.0010100 132404 04/08/20 SIMPSONA SIMPSON ADVERTISING INC 0014095 GRAPHIC DESIGN SVCS 0.00 1,305.0010100 132404 04/08/20 SIMPSONA SIMPSON ADVERTISING INC 0014095 APRIL 20-DBCONNECT 0.00 4,925.00TOTAL CHECK 0.00 6,975.0010100 132405 04/08/20 SINGHBIK BIKRAM SINGH 001 FACILITY REFUND 0.00 550.7210100 132406 04/08/20 SLOANVAZ SLOAN VAZQUEZ INC 1155515 CONSULTANT SVCS-FEB 0.00 2,800.0010100 132407 04/08/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 436.4110100 132407 04/08/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 441.6910100 132407 04/08/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 285.3110100 132407 04/08/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 365.3110100 132407 04/08/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 60.0610100 132407 04/08/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 11.7210100 132407 04/08/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 114.0810100 132407 04/08/20 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS-T/CONTROL 0.00 121.11TOTAL CHECK 0.00 1,835.6910100 132408 04/08/20 ADELPHIA SPECTRUM BUSINESS 0014070 INTERNET SVCS-C/HALL 0.00 1,040.0010100 132409 04/08/20 STANTECC STANTEC CONSULTING SERVI 0015551 ENG SVCS-SIGHT STUDY 0.00 1,007.5010100 132409 04/08/20 STANTECC STANTEC CONSULTING SERVI 0015551 ENG SVCS-NTMP T/STUDY 0.00 2,727.80TOTAL CHECK 0.00 3,735.3010100 132410 04/08/20 SUNYANQI YANQIU SUN 001 RECREATION REFUND 0.00 13.7510100 132411 04/08/20 SZOLLOSI GEORGE SZOLLOSI 001 RECREATION REFUND 0.00 13.7510100 132412 04/08/20 TAMSIUKI SIU KI TAM 0015350 CONTRACT CLASS-WINTER 0.00 460.8010100 132413 04/08/20 TENNISAN TENNIS ANYONE INC 0015350 CONTRACT CLASS-WINTER 0.00 762.8610100 132414 04/08/20 THECOMDY THE COMDYN GROUP INC 0014070 CONSULTING SVCS-GIS 0.00 1,426.7410100 132415 04/08/20 TOLARMAN TOLAR MANUFACTURING COMP 2505510 BUS STOP ENHANCEMENT 0.00 24,783.4610100 132416 04/08/20 TOLEUDA UDA TO-LE 001 RECREATION REFUND 0.00 273.1110100 132417 04/08/20 TORRESJE JESUS BRYANT TORRES 001 FACILITY REFUND 0.00 2,000.0010100 132418 04/08/20 JACKSONS TRADITIONAL AUTO SUPPLY 0015554 VEH MAINT-P/WORKS 0.00 272.3810100 132419 04/08/20 TRANE TRANE SERVICE GROUP INC 0015556 QTRLY MAINT SVCS-PNTR 0.00 744.003.2.bPacket Pg. 44
SUNGARD PENTAMATION INC PAGE NUMBER: 7DATE: 04/08/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:16:54 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200326 00:00:00.000’ and ’20200408 00:00:00.000’ACCOUNTING PERIOD: 10/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132419 04/08/20 TRANE TRANE SERVICE GROUP INC 0015556 QTRLY MAINT SVSC-PNTR 0.00 744.0010100 132419 04/08/20 TRANE TRANE SERVICE GROUP INC 0015556 QTRLY MAINT SVCS-PNTR 0.00 744.00TOTAL CHECK 0.00 2,232.0010100 132420 04/08/20 TUCKERRA RAYMOND MICHAEL TUCKER 0015350 CONTRACT CLASS-WINTER 0.00 90.0010100 132421 04/08/20 TUCKERTI TUCKER TIRE COMPANY INC 5205556 VEH MAINT SVCS-P/WK 0.00 270.5310100 132422 04/08/20 TYLERPAT PATTY TYLER 001 RECREATION REFUND 0.00 13.7510100 132423 04/08/20 ULINEINC ULINE INC 0014440 SUPPLIES-EMER PREP 0.00 367.6710100 132424 04/08/20 USPSBULK UNITED STATES POSTAL SER 0014095 POSTAGE REPLENISHMENT 0.00 15,000.0010100 132425 04/08/20 URINC UNIVERSAL REALTY INC 001 FACILITY REFUND 0.00 465.8610100 132426 04/08/20 USBANK US BANK 0014050 CITY CREDIT CARD-MAR 0.00 15,671.9410100 132427 04/08/20 VAKHARIA MITESH VAKHARIA 001 RECREATION REFUND 0.00 13.7510100 132428 04/08/20 VERIZONW VERIZON WIRELESS 0014070 CELL CHRGS-PW,CS,CD 0.00 1,601.2110100 132429 04/08/20 GRAINGER W.W. GRAINGER INC. 0015556 SUPPLIES-PARKS 0.00 39.1910100 132430 04/08/20 WANGWEN WEN WANG 001 RECREATION REFUND 0.00 13.7510100 132431 04/08/20 WAXIESAN WAXIE SANITARY SUPPLY 0015333 JANITORIAL SUPPLIES 0.00 0.4610100 132431 04/08/20 WAXIESAN WAXIE SANITARY SUPPLY 0015333 JANITORIAL SUPPLIES 0.00 93.2610100 132431 04/08/20 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES-CITY HALL 0.00 23.9110100 132431 04/08/20 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES-CITY HALL 0.00 40.9510100 132431 04/08/20 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES-CITY HALL 0.00 546.8610100 132431 04/08/20 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES-CITY HALL 0.00 1,329.23TOTAL CHECK 0.00 2,034.6710100 132432 04/08/20 WESTCOAS WEST COAST ARBORISTS INC 1415541 MAINT SVCS-DIST 41 0.00 95.0010100 132432 04/08/20 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE WATERING SVCS-FE 0.00 1,020.0010100 132432 04/08/20 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE MAINT SVCS-FEB 0.00 2,545.0010100 132432 04/08/20 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE WATERING SVCS- 0.00 510.0010100 132432 04/08/20 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE MAINT SVCS-MAR 0.00 1,444.00TOTAL CHECK 0.00 5,614.0010100 132433 04/08/20 WEYHRETE ELIZABETH WEYHRETER 001 RECREATION REFUND 0.00 28.7410100 132434 04/08/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-COUNCIL 0.00 1,601.2510100 132434 04/08/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 PROF.SVCS-P/WORKS 0.00 2,921.0010100 132434 04/08/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-COMM DEV 0.00 4,042.5910100 132434 04/08/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-GENERAL 0.00 828.0010100 132434 04/08/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-COMM SVCS 0.00 207.0010100 132434 04/08/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-INFO SYS 0.00 207.00TOTAL CHECK 0.00 9,806.8410100 132435 04/08/20 WRIGHTP PAUL MARTIN WRIGHT 0014030 PROF.SVCS-A/V SUPPORT 0.00 150.003.2.bPacket Pg. 45
SUNGARD PENTAMATION INC PAGE NUMBER: 8DATE: 04/08/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 11:16:54 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200326 00:00:00.000’ and ’20200408 00:00:00.000’ACCOUNTING PERIOD: 10/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132436 04/08/20 WUHAIPIN HAIPING WU 001 RECREATION REFUND 0.00 27.5010100 132437 04/08/20 XIAOLIME LIMEI XIAO 0015350 CONTRACT CLASS-WINTER 0.00 21.6010100 132438 04/08/20 YAOMIKE MIKE YAO 001 RECREATION REFUND 0.00 13.7510100 PP0720A 04/03/20 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-PEPRA 0.00 3,970.0510100 PP0720A 04/03/20 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-CLASSIC 0.00 29,755.9510100 PP0720A 04/03/20 PERSRETI PERS RETIREMENT FUND 001 SURVIVOR BENEFIT 0.00 53.01TOTAL CHECK 0.00 33,779.0110100 PP0720B 04/03/20 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 4/03/20-P/R DEDUCTIONS 0.00 44,379.9410100 PP0720B 04/03/20 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 4/03/20-LOAN DEDUCTION 0.00 3,490.6610100 PP0720B 04/03/20 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 4/03/20-PTS CONTRIBUTI 0.00 2,089.09TOTAL CHECK 0.00 49,959.6910100 PP0720C 04/03/20 TASC TASC 001 4/3/20-P/R DEDUCTIONS 0.00 1,986.9310100 PP0720D 04/03/20 PAYROLL PAYROLL TRANSFER 001 P/R TRANSFER-07/PP 20 0.00 197,751.8910100 PP0720D 04/03/20 PAYROLL PAYROLL TRANSFER 112 P/R TRANSFER-07/PP 20 0.00 5,976.1110100 PP0720D 04/03/20 PAYROLL PAYROLL TRANSFER 113 P/R TRANSFER-07/PP 20 0.00 2,805.4110100 PP0720D 04/03/20 PAYROLL PAYROLL TRANSFER 115 P/R TRANSFER-07/PP 20 0.00 11,949.6810100 PP0720D 04/03/20 PAYROLL PAYROLL TRANSFER 138 P/R TRANSFER-07/PP 20 0.00 1,632.4010100 PP0720D 04/03/20 PAYROLL PAYROLL TRANSFER 139 P/R TRANSFER-07/PP 20 0.00 956.8810100 PP0720D 04/03/20 PAYROLL PAYROLL TRANSFER 141 P/R TRANSFER-07/PP 20 0.00 956.88TOTAL CHECK 0.00 222,029.25TOTAL CASH ACCOUNT 0.00 1,829,106.73TOTAL FUND 0.00 1,829,106.73TOTAL REPORT 0.00 1,829,106.733.2.bPacket Pg. 46
Agenda #: 3.3
Meeting Date: April 21, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AMENDMENTS TO THE CITY’S PERSONNEL RULES AND
REGULATIONS EFFECTIVE APRIL 21, 2020.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Adopt Resolution No. 2020-09, amending the City's Personnel Rules and Regulations
Effective April 21, 2020.
FINANCIAL IMPACT:
No financial impact.
BACKGROUND:
Diamond Bar Municipal Code Chapter 2.20.050, entitled “Adoption and Amendment of
Rules and Regulations”, states that the Personnel Rules and Regulations shall be
adopted by Resolution of the City Council. The purpose of these rules is to facilitate
efficient and economical services to the public and to establish lawful procedures for
dealing with personnel matters. The last time the City Council reviewed and approved
changes to the Personnel Rules and Regulations was on March 1, 2016. During that
update, there were significant changes that included legal updates, clarification of
policies, addition of missing policies or procedures and grammatical corrections.
Since the last comprehensive update in 2016, the Personnel Rules and Regulations will
require periodic maintenance from time -to-time to update minor adjustments to policies
to reflect public personnel best practices and to clarify language in the document to
ease the implementation and administration of the rules and regulations. The proposed
changes to the Personnel Rules and Regulations were made with these points in mind,
in addition to, the City Council’s Strategic Plan direction to create and sustain a high
performing organization.
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ANALYSIS:
A full-length redlined copy of the proposed changes to the City’s Personnel Rules and
Regulations is included in Attachment 2. A summary of the substantive changes is
listed below.
Rule IV, Section 8. Flexible Staffing Program – This policy was previously approved by
the City Council in June 2018. The addition of this language is to document the City
Council’s policy directive in the Personnel Rules and Regulations. This program allows
the City Manager to hire or promote qualified individuals from an entry-level position to a
professional level classification where a job series exists to more effectively staff the
organization and serve the public in an efficient and cost-effective manner where
budgetary authorization is available without increasing head count.
Rule V, Section 5. Merit Step Advancement for Intermittent Part -time Employees – This
section is updated to set a higher minimum number of hours for a part-time employee to
work and be eligible to receive a step increase.
Rule V, Section 16 (e). Overtime – Revising this section to change overtime payment of
two (2) times rate of pay for working on a holiday when it results in more than 40 hours
worked will be changed to pay hourly employees the standard overtime rate of 1.5 times
the rate of pay for all hours worked on a holiday.
Rule V, Section 23. Performance Pay – Currently, this policy as written, would only
apply to approximately 65% of the employee population leaving out 35% of our
employees who are not at top step and will not meet the eligibility requirement. The
intent of this policy is to allow the City Manager to reward exceptional performance
based on accomplishment not longevity.
Rule VI, Section 7. Meal Period – This section has been updated to reflect the City’s
current practice of scheduling 30- or 60-minute meal periods based on the scheduling
and operational needs of the department.
Rule VII, Section 12. DMV Pull Notice Program – This section was added to document
the City’s practice of enrolling new hires who have to drive to conduct City business into
this program to validate driver’s license status.
Rule XIII, Section1. Holidays – This section has been added to allow the flexible option
for employees to “bank” their holidays hours if they are scheduled to work on the
holiday. Employees would be allowed to use the “banked” hours at a later time when
mutually convenient between them and the City.
Rule XVII, Section 1. Grievance Procedures – Clarifying language was added to affirm
that probationary employment separations are not subject to the grievance process
since City employees are “at-will” during the probationary period.
Rule XXI, Section 2. Tuition Reimbursement – Language was added to broaden the
types of courses that would qualify for the program to include professional development
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courses.
Rule XXII, Section 3. Workplace Substance Abuse Prevention Policy – Language was
added to clarify that being under the influence, buying, selling or possessing marijuana
on City property or time is against City policy.
In summary, the proposed changes to the Personnel Rules and Regulations have been
made with careful attention to detail and to provide a robust and con temporary living
document that can be utilized for internal administration of personnel matters and
implemented in an efficient and economical manner by the City Manager.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as well as the proposed
changes to the Personnel Rules and Regulations as per the City’s Municipal Code
2.20.030 (3).
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.3.a Resolution No. 2020-09 - personnel rules and regulations
2. 3.3.b Personnel Rules and Regulations Redlined
3.3
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1
RESOLUTION NO. 2020-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, AMENDING THE CITY’S PERSONNEL RULES AND
REGULATIONS EFFECTIVE APRIL 21, 2020 BY REPEALING AND
REPLACING RESOLUTION NO. 2016-06
WHEREAS, the City Council of the City of Diamond Bar adopted Resolution No.
2016-06 on March 1, 2020, approving Personnel Rules and Regulations; and
WHEREAS, the purpose of the Personnel Rules and Regulations is to facilitate
efficient and economical services to the public and to establish lawful procedures for
dealing with personnel matters; and
WHEREAS, it is necessary from time to time to update the Personnel Rules and
Regulations; and
WHEREAS, the Personnel Rules and Regulations do not create any contract of
employment, expressed or implied, or any rights in the nature of a contract; and
WHEREAS, with the adoption of this Resolution, the revised Personnel Rules and
Regulations will become effective April 21, 2020;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
Section 1. That the Personnel Rules and Regulations are adopted as included in the
staff report attachment 2 and Resolution No. 2016-06 is repealed in its entirety.
PASSED, APPROVED AND ADOPTED this 21st day of April, 2020.
____________________________
Steve Tye, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the 21st day of April, 2020, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
3.3.a
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1
RULE I
PURPOSE AND APPLICATION
Section 1. Purpose: The purpose of the Rules and Regulations (hereafter, “Rules”) is to
facilitate efficient and economical services to the public and to establish lawful
procedures for dealing with personnel matters.
Unless amended by a subsequent Resolution of the City Council the Rules set
forth herein and the Personnel Ordinance shall govern the Personnel System
for the City of Diamond Bar (“City”).
Section 2. Application: These Rules apply to all employees of the City unless a specific
rule or procedure indicates otherwise.
Section 3. No Contract Created: These Rules do not create any contract of employment,
express or implied, or any right in the nature of a contract.
3.3.b
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2
RULE II
DEFINITION OF TERMS
DEFINITION OF TERMS
Unless the context indicates otherwise, the following terms, whenever used in these Rules,
shall be defined as follows:
Section 1. Advancement: A salary increase within the limits of the pay range established
for the class.
Section 2. Allocation: The assignment of a single position to its proper class in
accordance with the duties performed, and the authority and responsibilities
exercised.
Section 3. Appointing Authority: The person having the authority to appoint or remove a
person from City employment. This is the City Manager unless delegated to
another employee or officer.
Section 4. At-Will: All employment positions outside of the competitive service.
Employees in at-will positions may be terminated at any time at the will of the
Appointing Authority, without cause, and without the right of appeal. At-will
positions are set forth in Chapter 2.20 of the City’s Municipal Code: City
Manager, Assistant City Manager, Deputy City Manager, Community
Development Director, Community Services Director, City Engineer/Public
Works Director, Finance Director, Information Systems Director, all
Department Directors, seasonal part-time employees, intermittent part-time
employees, part-time employees hired after October 18, 2005, emergency
employees and any employee scheduled to work less than 1,000 hours per
year.
Section 5. Bilingual Premium Pay Differential: A percentage of pay which will
compensate the qualified employee for providing non-English language
services as an essential part of his or her job.
Section 6. City Manager: The City Manager and/or his or her designee.
Section 7. Class: All positions sufficiently similar in duties, authority, responsibility and
working conditions to permit grouping under a common title and the application
with equity of common standards of selection, transfer, promotion, and salary.
Section 8. Competitive Service: All positions of employment in the service of the City
except those excluded by Section 4 above.
Section 9. Demotion: The movement of an employee from one class to another class
having a lower maximum rate of pay. A demotion may be voluntary or
involuntary.
3.3.b
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3
Section 10. Domestic Partner: A domestic partnership is legally established in California
when all of the following requirements are met: both persons file a Declaration
of Domestic Partnership with the Secretary of State; both persons have a
common residence; neither person is married to someone else or is a member
of another domestic partnership with someone else that has not been
terminated, dissolved, or adjudged a nullity; both persons are not related by
blood in a way that would prevent them from being married to each other in
another state; both persons are at least 18 years of age; both persons are
capable of consenting to the domestic partnership; and either of the following
apply: (a) both persons are members of the same sex; or (b) one or both of
the persons are over the age of 62, and meet certain eligibility criteria pursuant
to the Social Security Act.
Section 11. Eligible: When used as a noun, means a person whose name is on an
employment eligibility list.
Section 12. Employment Eligibility List: A list of names of persons who have taken an
open-competitive examination for a class in the competitive service and have
qualified.
Section 13. Examinations:
(a) Open-competitive examination: An examination for a particular class
which is open to all persons meeting the qualifications for the class.
(b) Promotional examination: An examination for a particular class which
is only open to current City employees meeting the qualifications for the
class.
(c) Continuous examination: An open competitive examination which is
administered periodically and as a result of which names are placed on
an employment list, in order of final scores, for a period of not more
than one (1) year.
Section 14. Exempt: An employee not entitled to overtime compensation under the Fair
Labor Standards Act.
Section 15. Job Classifications: For the purposes of the City’s Personnel System, each
position title shall correspond in the City’s Classification Plan to a number as
reflected in the salary resolution.
(a) Executive Management: Executive Management positions are
classified as exempt employees that are at-will and are assigned as
Department Directors and/or Deputy or Assistant City Managers.
3.3.b
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4
(b) Exempt Management: Management positions that are classified as
exempt and are assigned as Division Managers.
(c) Full-time Exempt: Various exempt supervisory, administrative, and
professional positions.
(d) Full-time Non-Exempt: Positions subject to overtime requirements and
working 40 hours per week.
(e) Hourly Benefited: Positions known as regular part-time or part-time
working twelve (12) months per year and an average of twenty (20) or
more hours per week on a year-round basis. Benefits are provided to
regular part-time employees on a pro-rated basis.
(f) Hourly Non-benefited: At-will positions also known as either seasonal
or intermittent part-time. These employees are sometimes referred to
as “Temporary”. An hourly non-benefitted position is utilized no more
than 999 hours per fiscal year and may be employed on a seasonal or
intermittent basis. If an employee identified as intermittent or seasonal
part-time works 1,000 hours or more in a fiscal year, he or she does not
acquire regular employee status.
Section 16. Layoff: The involuntary separation of a regular status employee or reduction
to a position in a lower classification because the position is no longer needed
or due to fiscal and/or operational reasons.
Section 17. Personnel Ordinance: Chapter 2.20 of the City's Municipal Code.
Section 18. Probationary Period: A working test period during which an employee is
required to demonstrate his or her fitness for the duties to which he or she is
appointed by actual performance of the duties of the position. The
probationary period or initial period of employment is considered a part of the
examination process and shall be utilized for closely observing the employee’s
work to determine the employee’s fitness for the position.
Section 19. Promotion: The movement of an employee from one class to another class
having a higher maximum rate of pay and different job duties from the previous
class.
Section 20. Provisional Appointment: A temporary appointment of a person who
possesses the minimum qualifications established for a particular class, and
who has been appointed to a position in that class in the absence of available
eligibles. This is sometimes referred to as an “Interim Appointment”.
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Section 21. Reclassification: The change of a position from one class to another as a
result of the gradual accretion or reduction of duties and/or responsibilities
over time.
Section 22. Regular Employee: An employee in the competitive service who has
successfully completed his or her probationary period and has been retained
as an employee.
Section 23. Regular Part-Time Employee: An employee in the competitive service who
has successfully completed his or her probationary period and is eligible for
pro-rated benefits. Sometimes referred to as “Hourly Benefited”.
Section 24. Rejection: The separation of an employee from employment during the
probationary period or examination process.
Section 25. Reinstatement: The re-employment, without examination, of a former regular
employee.
Section 26. Temporary Employee: An at-will employee who has been appointed to a full-
time or part-time position for a limited duration.
Section 27. Transfer: A change of an employee from one position to another position in
the same class or another class having the same maximum salary limits,
involving the performance of similar duties and responsibilities and requiring
the same qualifications.
Section 28. Y Rate: Where an employee is moved to a different class with a lower salary
range, and the employee retains his/her current salary until the salary of the
new class has a maximum salary rate which is equal to or higher than the
current salary.
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RULE III
GENERAL PROVISIONS
Section 1. Discrimination Prohibited: No City employee or applicant for employment,
volunteers, interns, City elected and appointed officials, members of City
Commissions, Boards and Task Forces, contractors, consultants, and/or other
non-employees doing business with or for the City shall be discriminated
against in recruitment, examination, appointment, selection, training,
promotion, retention, wages, benefits, discipline, or any other aspect of
employment because of race, color, religion, national origin, ancestry, marital
status, sex (including gender, gender identity, gender expression,
transgender, pregnancy, and breastfeeding), age, physical or mental
disability, sexual orientation (including homosexuality, bisexuality, or
heterosexuality), genetic characteristics or information, political or religious
opinions or affiliations, union activities or affiliations, taking of FMLA or
pregnancy disability leave, religious creed, medical condition, citizenship
status, military and veteran status or any other characteristic protected by
law. Individuals are protected from discrimination because of familial status or
association with, an individual in any of the protected classifications listed
above. Other forms of discrimination prohibited by this policy include
retaliating against someone for filing a charge of discrimination, participating
in an investigation, or opposing discriminatory practices.
Employees who believe they have experienced any form of employment
discrimination are encouraged to report this immediately, using the complaint
procedure provided in Rule XXII, Section 52e of these Rules.
Section 2. Nepotism Prohibited:
(a) Relatives of those listed below may not be employed hired anywhere in
the City organization:
1. City Council members;
2. Standing Board and Commission members;
3. Executive or Exempt Management Team Members of the City;
4. Employees of the City Manager’s Department;
5. Employees of the Human Resources Division;
6. Employees of the Finance Department; or
7. Employees of the Information Systems Department.
(b) The employment of a relative within the same department is prohibited
when they:
1. Perform joint duties;
2. Share responsibility or authority;
3. Function in the same chain of command; and
4. Work on the same shift at the same work site.
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(c) For business reasons of supervision, safety, security or morale, a
relative may not directly supervise a relative.
(d) For business reasons of supervision, safety, security or morale, the City
may refuse to place relatives in the same department, division, or
facility.
(e) “Relative” means child, stepchild, parent, grandparent, grandchild,
brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew,
parent-in-law, brother-in-law, sister-in-law, domestic partner, or other
individual related by blood or marriage.
(f) “Employee” means any person who receives a City paycheck and W-2
for services rendered to the City.
(g) For business reasons of supervision, safety, security or morale, the City
may enforce this Section 2 to address the post-City employment
marriage of or establishment of a Domestic Partnership.
(h) Exceptions to this section may be made by the City Manager. Any
appeal of the enforcement of this section shall be to the City Manager.
Section 3. Political Activity Prohibited: City employees shall not engage in political
activities in violation of Government Code section 3201 et seq. The City
prohibits: (1). Employees and officers from engaging in political activities
during work hours; (2.) Political campaigning in City buildings or on premises
adjacent to City buildings or while in City uniform; and (3.) An employee or
officer from using his or her office to coerce or intimidate public employees to
promote, propose, oppose, or contribute to any political cause or candidate.
EXAMPLES OF PROHIBITED CONDUCT: City Employees shall not:
1. Participate in political activities of any kind while in uniform;
2. Participate in political activities during working hours;
3. Use city equipment to engage in make political activities communications;
4. Solicit a political contribution, either directly or indirectly, from an officer
or employee of the City, or from a person on a City employment list, with
knowledge that the person from whom the contribution is solicited is a City
officer or employee or job applicant; except as specifically provided below.
5. Favor or otherwise discriminate against any employee because of
political opinions or affiliations;
6. Interfere with any election; or
7. Offer or accept anything of value Attempt to trade job benefits for votes;
or
8. Represent that the City favors or disfavors any particular candidate for
public office..
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EXAMPLES OF PERMITTED CONDUCT: City Employees may:
1. Express personal opinions on all political subjects or candidates to the
extent doing so does not otherwise interfere with the duties of their City
employment or other City employees;
2. Become a candidate for any local, state, or national election;
3. Contribute to political campaigns outside of work hours;
4. Join and participate in the activities of political organizations outside of
work hours;
5. Request, during off-duty time, political contributions, through the mail or
other means, from City officers or employees if the solicitation is part of a
solicitation made to a significant segment of the public which may include
City officers or employees;
6. Solicit or receive, during off-duty time, political contributions from a City
employee organization if the funds, when collected, were not earmarked for
a clearly identifiable candidate for a federal, state or local office; or
7. Solicit or receive, during off-duty time, political funds or contributions to
promote the passage or defeat of a ballot measure which would affect the
rate of pay, hours of work, retirement, civil service, or other working
conditions of City officers or employees.
Section 4. Outside Employment: No employee may hold outside employment that is
incompatible with his/her City employment. Each employee who desires to
pursue outside employment, holds any other position, in addition to City
employment, shall complete a Request for Approval of Additional Employment
form and return it to the Department Director for signature and then to the City
Manager or designee for approval prior to accepting or commencing outside
employment. New employees that already have outside employment, prior to
starting a position with the City shall submit the form at the time of their pre-
employment paperwork appointment with Human Resources staff.
Section 5. Employee Duties: Employees are required to carry out the primary duties and
responsibilities of their City employment.
Section 6. Violation of Rules: Violation of any of these Rules shall be grounds for
disciplinary action up to and including termination.
Section 7. Amendment and Revision of Rules: Amendments and revisions to these
Rules must be approved by the City Council.
Section 8. Reasonable Accommodations: The City will strive to provide employment-
related reasonable accommodations to qualified individuals with disabilities
within the meaning of the California Fair Employment and Housing Act and the
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Americans with Disabilities Act except where it will cause the City undue
hardship.
(a) Request for Accommodation: An employee who desires a reasonable
accommodation in order to perform essential job functions should make
such a request in writing to the Human Resources Division. The request
must identify: a) the job-related functions at issue; and b) the desired
accommodation(s).
(b) Reasonable Documentation of Disability: Following receipt of the
request, the Human Resources Department may require additional
information, such as reasonable documentation of the existence of a
disability from the employee’s treating health care professional.
(c) Fitness for Duty Examination: The City may require an employee to
undergo a fitness for duty examination at the City’s expense to
determine whether the employee can perform the essential functions of
the job with or without reasonable accommodation. The City may also
require that a City-approved physician conduct the examination. (See
Fitness for Duty policy in Rule VII, Section 9 of these Rules.)
(d) Interactive Process Discussion: After receipt of reasonable
documentation of disability and/or a fitness for duty report, the City’s
Human Resource Manager will arrange for a discussion, in person or
via telephone conference call, with the applicant or employee, and his
or her representative(s), if any. The purpose of the discussion is to work
in good faith to consider fully all feasible potential reasonable
accommodations.
(e) Case-by-Case Determination: The City shall conduct an individualized
assessment in accordance with applicable law, whether reasonable
accommodation(s) can be made, and if so, the type of
accommodation(s) to provide. The City does not need to provide
accommodation(s) that would pose an undue hardship upon City,
meaning it would cause the City to incur significant expense, impair City
operations, or would endanger the health or safety of the employee or
others. The City will inform the employee in writing of its decision as to
reasonable accommodation(s).
Section 9. Eligibility for Benefits: All full-time employees and designated regular part-
time employees are eligible to receive group health, dental, vision, life,
deferred compensation, disability insurance and unemployment insurance
within the City’s group insurance carrier(s). The administrative cost thereof
and a portion of the cost of the premiums will paid by the City after 30 days of
employment. The City’s cost share of the monthly premium contribution
(benefit allotment) may be amended from time to time as reflected in the
annual budget adopted by the City Council. Members of the City Council,
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management employees (Executive and Exempt), and employees defined as
full-time exempt, will receive an additional $30 to be applied to premium costs.
Dependents of employees are eligible to be covered under the employee's
health, dental and vision insurance.
In accordance with its contract with CalPERS, the City will contribute the
minimum amount required pursuant to Government Code Section 22892 (c)
for qualifying retirees enrolled in a CalPERS health plan.
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RULE IV
CLASSIFICATION
Section 1. Classification Plan: The City has established a classification plan. The plan
consists of classes of positions in the City service defined by class
specifications, including title, definition of the position, supervision received
and exercised, a description of the duties and responsibilities of positions in
each class, and the training, experience, and other qualifications to be
required of applicants for positions in each class. The classification plan is
maintained so that all positions substantially similar with respect to duties,
responsibilities, authority, and character of work are included within the same
class and allocated to the same schedules of compensation.
Section 2. Adoption, Amendment, and Revision of Plan: The classification plan may be
amended from time to time by resolution of the City Council.
Section 3. New Positions: When a new position is created, the classification plan must
be amended and an employment eligibility list established, unless the position
is filled by a promotional appointment or position reclassification.
Section 4. Classification Studies: Classification study requests shall be submitted by the
Department Director to the Human Resources Division for review in order to
determine if the duties and responsibilities of the position have substantively
changed, have become inequitably aligned in relation to other classifications
within the City service, and/or are otherwise incorrectly designated. Upon
receiving approval from the City Manager, a classification study shall be
conducted and the position may be reclassified to a more appropriate class,
whether new or already created, at a higher or lower maximum salary level.
After conducting a classification analysis of the position(s) authorized for
study, the City Manager will recommend classification changes, if any, to the
City Council for approval.
Section 5. Qualifying Examination: A reclassification with a title change that results in a
salary increase above the old classification may require of the incumbent a
qualifying examination to determine whether the incumbent possesses the
minimum qualifications for the new class. The method for the qualifying
examination shall be determined by the appointing authority. An incumbent
proposed for a reclassification who does not pass the qualifying examination
shall retain his or her original title and class until such time as he or she does
pass the qualifying examination.
An employee whose position is being reclassified upward and who has
previously passed the examination for the position within the last two years,
and whose name appears on an employment eligibility list for such a position,
need not take a qualifying examination.
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Section 6. Upward Reclassification - In any case where a position is reclassified to a class
with a salary range having a higher maximum salary rate, and the incumbent
meets the qualification(s) requirement for the new class, and is in fact
performing the full range of duties and responsibilities of that position, the
effect of this action shall be as follows:
(a) Effective Date: The effective date of a reclassification action shall
normally coincide with the first working day of the first pay period
following the date of City Manager approval.
(b) Salary: The incumbent shall be entitled to the closest higher step within
the new salary range that would provide a minimum of a 5% increase,
but not to exceed the maximum of the range.
(c) Merit Increase Eligibility Date: The incumbent's eligibility date for the
next merit increase shall be one year from the effective date of the
reclassification.
(d) Employee Status/Performance Review Date: A new probationary
period is not required. The incumbent's date for the next performance
review shall be set one year from the effective date of the upward
reclassification.
Section 7. Downward Reclassification: In any case where a position is reclassified to a
class with a salary range having a lower maximum salary rate, the effect of
this action shall be as follows:
(a) Effective Date: The effective date of a reclassification action shall
normally coincide with the first working day of the first pay period
following the date of City Manager approval.
(b) Salary: The incumbent shall either:
(1) Retain current salary if current salary is the same as a step within
the salary range of the new class; or
(2) Be placed on the closest step within the salary range of the new
class that approximates the current salary if the current salary is
between steps within the new salary range; or
(3) Be reduced to the maximum step of the salary range of the new
class if current salary is greater than the maximum of the new
salary range; or
(4) Be assigned a "Y" rate designation that holds the incumbent at
a current salary which is above the new range until such time as
the salary rate of the new class is the same as or exceeds the
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amount of the "Y" rate. Establishment of a "Y" rate is an
administrative determination and requires approval of the
Human Resources Manager and City Manager.
(c) Employee Status/Performance Review Date: A new probationary
period is not required. The incumbent's date for the next performance
review shall be set one year from the effective date of the downward
reclassification.
Section 8. Flexible Staffing Program: Authorizes the City Manager to promote qualified
individuals from an entry-level position to a professional level classification
where a job series exists to more effectively staff the organization and serve
the public in an efficient and cost-effective manner where budgetary
authorization is available without increasing head count.
Part-time Non-Benefitted Positions
Entry Level Higher Level Highest Level
Recreation Leader I Recreation Leader II Recreation Leader III
Maintenance Worker I Maintenance Worker II
Full-time Benefitted Positions
Entry Level Higher Level
Maintenance Worker Senior Maintenance Worker
Assistant Engineer Associate Engineer
Assistant Planner Associate Planner
Neighborhood Improvement Officer Senior Neighborhood Improvement Officer
Management Analyst Senior Management Analyst
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RULE V
COMPENSATION
Section 1. Compensation Plan: The City has established a pay plan covering all classes
of positions in the City service, showing the minimum and maximum rates of
pay.
Section 2. Amendment of Plan: The compensation plan may be amended from time to
time by action resolution of the City Council.
Section 2a. Comprehensive Compensation Survey: A Comprehensive Compensation
Survey will be conducted, as needed, but not less than every three (3) years
to assure that the City’s jobs are paid equitably against the labor market equal
to the median of the survey. The Survey will utilize benchmark job
classifications and include labor market comparisons of the established survey
cities.
Section 3. Salary upon Initial Hire: Department Directors shall have the discretion to
place the employee at the A, B, or C step of the salary range of the
classification into which the employee is hired. An employee may be placed
at any step beyond the C step of the salary range of the classification into
which the employee is hired subject to the approval of the City Manager.
Section 4. Merit Step Advancement: After six (6) months employment as a probationer,
an benefitted employee is eligible to advance to the next salary step if his or
her performance evaluation shows performance of satisfactory or above and
advancement is approved by the Department Director. Upon successful
completion of twelve (12) months probationary employment and a satisfactory
or above performance evaluation as approved by the Department Director, the
employee will be eligible for advancement to the next salary step. Each year
thereafter and with a satisfactory or above performance evaluation as
approved by the Department Director, the employee will be eligible for
advancement to the next salary step.
Section 5. Merit Step Advancement for Intermittent Part-time Employees: A Part-time
Intermittent Employee is eligible for a stepmerit increase upon receipt
confirmation of a satisfactory job performance evaluationby their supervisor,
provided that the employee has completed a minimum of one (1) full year of
employment and five nine hundred fifty (59050) hours of work during the
annual evaluation period. An employee that works less than fivenine hundred
fifty (59050) hours during an evaluation period shall be eligible for a step
increase once they work nine hundred fifty (9050) hours. Employees will be
eligible for a step increase every year thereafter that they work 9050 hours
until they reach the top step of their salary range. only upon reaching the
second anniversary of hire date or last step increase, subject to a satisfactory
performance evaluation.
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Section 6. Merit Step Increase if Evaluation is Untimely: If the employee is eligible for a
step increase and an evaluation has not been completed, when the evaluation
is completed, if it is satisfactory or above, the employee will receive the annual
increase retroactively to their merit eligibility date. Performance evaluation
due dates will be tracked by the Human Resources Division. A merit increase
pending a performance evaluation may be given at the discretion of the City
Manager provided that the overall rating of the employee’s annual
performance is satisfactory or above.
Section 7. Merit Step Denial: When an employee has not demonstrated the minimum
required satisfactory rating for performance on the job during the review
period, the Department Director shall defer the salary step (merit) increase for
a specified period of time that may extend to the next review date. During such
deferment period, formal performance reviews shall be made at intervals
determined by the Department Director with the concurrence of the Human
Resources Manager. An employee whose salary step (merit) increase is
withheld on his/her review date, but approved at a later date, shall have the
effective date of the subsequent approval become the new review date for
eligibility unless the Department Director and Human Resources Manager
mutually agree on an earlier date. Part-time intermittent employees who have
not worked the requisite number of hours on an annual basis shall have their
merit increase deferred until they work the minimum number of hours to meet
the eligibility requirement.
Section 8. Amount of Merit Step Adjustments: Merit step adjustments for full-time
employees are in approximately five percent (5%) increments to the maximum
of the salary range. An employee may be given multiple step increases, not
to exceed two (2) at any one time, at the recommendation of the Department
Director or Division Manager and upon approval of the City Manager.
Section 9. Merit Step for Employees on Leave: Eligibility for the merit step advancement
may be extended for an employee on an approved leave of absence until the
employee has returned to work and has thereafter completed the appropriate
period of service.
Section 10. Effective Date of Increase: Merit increases shall be effective the first day of
the pay period following the performance evaluation due date.
Section 11. Salary on Promotion: A full-timen employee promoted to a classification
having a greater maximum salary will be placed on the lowest step of the new
range that results in not less than a five percent (5%) increase above the
employee’s current regular salary. Upon recommendation of the Department
Director and approval of the City Manager, the employee may be placed at a
higher step.
Section 12. Salary on Demotion: An employee who is demoted will be placed within the
salary range for the class into which demoted. The salary will be set at the
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step which is lower and closest to the salary the employee was receiving
before the demotion.
Section 13. Salary on Reclassification: An employee who is reclassified will receive the
salary set forth below.
(a) If reclassified to a classification with the same salary range, the salary
will not change.
(b) If reclassified to a classification with a higher salary range, the salary
will be determined in the same manner as a promotion.
(c) If reclassified to a classification with a lower salary range, the employee
may be Y-rated with Human Resources Manager and City Manager
approval; retain current salary if current salary is the same as a step
within the salary range of the new class; be placed on the closest step
within the salary range of the new class that approximates the current
salary if the current salary is between steps within the new salary range;
or be reduced to the maximum step of the salary range of the new class
if current salary is greater than the maximum of the new salary range.
Section 14. Pay Periods: The compensation to all officers and employees of the City shall
be paid biweekly. Checks or electronic transfers in payment for compensation
will be made available by the City to employees and officers of the City on the
Friday succeeding the close of the pay period. In the event that pay day falls
on a holiday, payment will be made on the last work day preceding the holiday.
Section 15. Bilingual Pay: Employees who are requested by the City to use bilingual skills
during their scheduled work hours on a recurring basis to further the business
interests of the City shall receive a bilingual premium pay differential in
addition to their regular pay. Any full-time or part-time employee who is
required, as an essential part of his or her job, to provide non-English language
services, including Braille and sign language, routinely and consistently as part
of his or her regular job assignment as determined by the City, will receive a
Heavy Usage Bilingual Premium Pay Differential of 5% or Moderate Usage
Bilingual Premium Pay Differential of 2%. Differential pay for bilingual skills
shall be restricted to that which serves the actual needs of the job and the
business functions of the City. Bilingual ability alone or incidental use of the
skill when not related to the essential requirements of the job will not warrant
bilingual pay.
Department Directors shall recommend employees that are requested to use
bilingual skills during work hours and eligible for Bilingual Pay. The City
Manager shall consider the request. If approved by the City Manager, the
recommended employee will be subject to a language skills examination which
will be coordinated by the Human Resources Division. Upon successfully
passing the language skills test, the bilingual pay differential will be effective
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the following pay period. Employees’ eligibility for bilingual pay is subject to
periodic review and evaluation.
Section 16. Overtime:
(a) As a matter of general policy, the City does not permit employees to
work overtime and will provide adequate staff to handle normal
operations. However, non-exempt employees may be required to work
overtime at the discretion of the Department Director or Division
Manager.
(b) Overtime for non-exempt employees is defined as hours assigned to
be worked and actually worked in excess of forty (40) hours actually
worked in the designated work week. Paid leave hours (e.g. sick,
vacation, compensatory time, floating holidays, bereavement leave,
jury duty leave, administrative leave) do not count towards the
calculation of overtime.
(c) Non-exempt employees working overtime when not expressly
authorized to do so, may be subject to discipline.
(d) Overtime authorized and worked by non-exempt employees shall be
compensated at time and one half their regular rate of pay. The
employee may submit a request to the Department Director or Division
Manager to work overtime, which Department Director or Division
Manager shall have the unrestricted discretion to approve or not
approve,. If overtime is approved and earned, the employee may
request the overtime compensation in the form of accrued
compensatory time at time and one-half pay. However, an employee
may not accrue more than forty (40) hours compensatory time at any
time. All compensatory time earned but not taken shall be paid out at
the time of employment separation.
(e) If a non-exempt full-time employee is required to work on an City
observed holiday beyond the regular forty (40) hour work week, he or
she shall be entitled to pay at the rate of two (2)one and one-half (1 ½)
times their regular rate of pay.
(f) Employees who are exempt from the Fair Labor Standards Act (FLSA)
are compensated on a salary basis and are not eligible for overtime.
Section 17. Call-Out Pay: Non-exempt full-time and part-time employees will be paid a
minimum of two (2) hours pay if called out to respond to a City emergency.
Call-out occurs when an employee is ordered to return to duty on a non-
regularly scheduled work shift after his or her regular work shift has ended and
the employee has departed from City premises. Call-out does not occur when
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an employee is held over from his or her prior shift or is working prior to his/her
regularly scheduled shift.
Section 18. Acting Pay: An employee who is provisionally appointed to an acting or interim
position that is in a higher salary range than that of the class in which the
employee is normally assigned shall receive acting compensation subject to
the following conditions:
(a) Acting pay shall be provided only for appointments with duration greater
than twenty-one (21) consecutive calendar days and shall be
retroactive to the effective date of the acting appointment and continue
until completion of the assignment.
(b) Such acting appointments shall be made in writing by the City Manager
with a copy to the Human Resources Division.
(c) (c) Compensation shall be at the entrance salary step of the higher
range or the step within the higher salary range, which would provide a
minimum of five percent (5%) higher than the employee's current salary
step, whichever is greater.
(c)(d) Such acting appointments shall have a maximum duration of 180 days
except when made in cases to cover a long-term leave of absence.
Section 19. Temporary Upgrade/Special Assignment Pay: A temporary 5% increase in pay
shall be given to employees during periods when they temporarily assume
additional job duties or are assigned to a special project/program that are
outside their normal and customary job duties for more than one consecutive
pay period and not to exceed 180 days. The Department Director must secure
approval from the City Manager prior to assigning a temporary upgrade or
special assignment pay to an employee.
Section 20. Cost of Living Adjustment (COLA): At the adoption of the City’s annual budget,
a request by the City Manager may be made to the City Council to provide a
cost of living adjustment to the City’s employees’ compensation. The COLA
is the annual Consumer Price Index (CPI) percentage as issued by the
Department of Labor, Bureau of Labor Consumer Price Index for Urban Wage
Earners and Clerical Workers Los Angeles-Riverside-Orange Counties,
California for year ending March of the current year. The City Council has the
sole discretion to adopt or modify the request at any time.
Section 21. Safety Footwear: It is the policy of the City to require the use of safety shoes
where foot hazards exist as a significant part of the job. The City will provide
a new pair of safety shoes to full-time field employees based upon “fair wear
and tear” of existing safety shoes to a maximum cost of $350 for each
employee determined to have job duties that involve a high degree of potential
foot hazards such as working on uneven and slippery surfaces, handling
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heavy objects, equipment, or tools potentially causing injuries from crushing
or penetrating actions. A steel toe safety shoe is required.
Section 22. Technology Stipend: Executive Management and Exempt Management are
eligible to receive a monthly stipend of $100 as a reimbursement for the
purchase and maintenance of personal cell phones, tablets, laptops, printers,
and/or phone/internet service in order to conduct City business and to respond
in emergency situations. Designated key full-time staff, as approved by the
City Manager, that are required to respond in emergency situations will be
eligible for a $50 stipend on a monthly basis.
Section 23. Performance Pay: Non-probationary full-time employees that have
demonstrated exceptional job performance, as defined and approved by the
City Manager, may be eligible to receive performance pay up to 10 percent of
the their annual salary once per fiscal year if approved by the City Manager. In
order to be eligible, employees must have been at the top step of their salary
range for at least one year. Funding for the Performance Pay program is
subject to approval by the City Council during the budget adoption process.
Section 24. Severance pay: The City Manager may authorize up to 90 days of severance
pay and continued health insurance as a result of a lay-off or an employment
separation for a benefitted employee.
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RULE VI
HOURS OF WORK
City employees may be assigned to work eight (8) hours per day, five (5) days per week or assigned
to the 9/80 flex plan under which they will work eighty (80) hours in a nine (9) day perioda traditional
five day or flexible schedule depending on the operational needs of the City.
Section 1. The 9/80 Plan: Generally, employees work nine (9) hours Monday through
Thursday and eight (8) hours every other Friday, exclusive of meal period or
nine (9) hours Tuesday through Friday and eight (8) hours every other
Monday. In some cases, the flex day may be a day other than Friday. If the
operational and service needs of the City dictate that an alternate flex day is
required, then the employee will work nine (9) hours on eight (8) of the nine
(9) work days, exclusive of meal period, and eight (8) hours every other
alternate flex day.
Section 2. Five Day Work Week: Generally employees work eight (8) hours per day
Monday through Friday, exclusive of meal period.
Section 3. Alternate Work Schedule: Employees may be assigned to work days or hours
other than those set forth in Section 1 or Section 2.
Section 4. Work Week Defined: For all employees working a 9/80 schedule their
workweek shall begin exactly four hours into their eight hour shift on the day
of the week which constitutes their alternating regular day off.
For employees working five (5) days per week, the work week or work period
means a consecutive seven (7) day period that begins at 12:00 a.m. on
Sunday and ends at 11:59 p.m. on the following Saturday.
Section 5. Work Week Schedule Change: The City may change the work week when
public necessity or convenience so requires.
Section 6. Request to Change Schedule: Employees for whom personal necessity
requires a different schedule than above, may make a request for the alternate
schedule to the Department Director or Division Manager. If the Department
Director or Division Manager agrees with the request, the request will be
submitted to the City Manager for final approval. Generally, Aalternate
schedules must should begin no earlier than 7:00 a.m. and end no later than
6:00 p.m. and will not include a shorter meal period than belowrequired by law.
All schedules are based on the operational and service needs of the City and
requests to change schedule will only be approved if such requests support
City operations and service requirements and may be rescinded at any time.
Section 7. Meal Period: The City shall provide for regular and appropriate meal periods
for City employees. Department Directors and Division Managers shall assign
and schedule meal periods to meet the operational needs of work crews or
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work units. City employees shall be expected to use good judgment during
meal periods while serving as representatives of the City and in all cases
presenting a favorable image to the public. Meal periods are non-paid and
nonworking time and shallmay be one hour for all full-time employees. Every
effort will be made to schedule such meal period during the middle of the shift.
Meal periods shall not be combined with rest breaks to provide an extended
break. The scheduling and length of meal periods will be determined and
approved by the employee’s supervisor based on the service and operational
needs of the City.
The time allowed for meal periods includes any travel time to and from the
place where the meal break is taken. For field employees, meal breaks may
be taken at restaurants and food establishments within the City in close
proximity to the work site only if they can return to the job site within the
designated time limit. Supervisors should discourage employees who are
eligible for overtime from eating lunch at their desks to ensure that the
employee has a bona fide, uninterrupted meal period that shall not be counted
as hours worked.
Section 8. Rest Periods: All non-exempt City employees shall be provided with a fifteen-
minute rest break once during each four consecutive hour work period. The
fifteen-minute breaks are not cumulative and may be taken only when
prescribed. Compensatory time shall not be used to extend rest breaks. No
break shall occur within one (1) hour of starting time, meal break, or quitting
time unless special circumstances make this desirable, and in which case prior
approval shall be obtained from the employee's immediate supervisor. Rest
breaks shall not be combined with meal breaks to provide an extended break.
Where adequate on-site facilities exist, employees are required to use the
areas and facilities provided. In the case of field employees, rest breaks are
to be taken at the job site or may be taken at restaurants and food
establishments in the City in close proximity to the work site only if they can
return to the job site within the designated time limit. If in transit between jobs,
the break may be taken at a nearby City park or at the next job site.
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RULE VII
APPLICATIONS AND APPLICANTS
Section 1. Announcement: All examinations for positions in the competitive service shall
be publicized by posting announcements in City Hall, on the City’s website, or
by such other means as the City deems advisable. The announcements shall
specify the title and pay of the position for which the examination is
announced, the duties and responsibilities of the work to be performed, any
minimum qualifications established, the manner of making application, and
other pertinent information.
Section 2. Application: Applications shall be made as prescribed on the examination
announcement. Application forms shall require information covering training,
experience, and other pertinent information. All applications must be signed
by the applicant.
Section 3. Disqualification: The City Manager’s designee may reject any application
which indicates on its face that the applicant does not possess the minimum
qualifications required for the position or for any material cause which, in the
judgment of the City Manager’s designee would render the applicant
unsuitable for the position. Falsification of any information presented on the
employment application shall be grounds for rejection/disqualification from the
recruitment and/or termination from employment, if applicant is appointed to
the position and the City subsequently learns that the employment application
was falsified.
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RULE VIII
EXAMINATIONS
Section 1. Types of Examinations: The selection techniques used in the examination
process shall measure the knowledge and abilities of the applicants to execute
the duties and responsibilities of the class to which they seek to be appointed.
Examinations shall consist of selection techniques which will test fairly the
qualifications of candidates. The City Manager or designee may select the
appropriate examination(s) to be utilized in the selection process.
Section 2. Promotional Examinations: All candidates for promotion must meet the
minimum qualifications identified by the appointing authority.
The appointing authority will determine whether the examination is open
competitive or a promotional appointment.
Section 3. Continuous Examinations: Open competitive examinations may be
administered periodically for a single class as the needs of the service
required. Names shall be placed on employment lists, in order of final scores,
for a period of not more than one (1) year, unless extended by the City
Manager’s designee.
Section 4. Conduct of Examinations: The City Manager’s designee will determine the
manner and methods and by whom examinations shall be prepared and
administered.
Section 5. Reasonable Accommodation in Testing: Should an otherwise qualified
applicant who is disabled request a reasonable accommodation for any part
of the testing process, the City may modify the process to reduce or eliminate
the testing barrier.
Section 6. Employment Reference Checks: The City is responsible for confirming
information provided by applicants in their employment application.
Information concerning an applicant's education and employment history
should be verified by the hiring department before a formal employment offer
is extended. This responsibility includes verification of an applicant's
educational history, credentials, licenses, professional certifications and
previous work experience. All newly appointed employees required to have a
valid motor vehicle license shall provide a Department of Motor Vehicles
(DMV) abstract to verify Driver's License validity and minimum past three (3)
year's driving history. Any written information obtained in the reference check
will be retained and destroyed in accordance with Government Code Sections
34090, et. seq. and the Records Retention Schedule of the Human Resources
Division.
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Section 7. Criminal Background Checks (Live Scans): To ensure that the interests of the
City, its employees and members of the public are protected and to help
minimize potential liability, the City obtains summary criminal background
reports from the Department of Justice on applicants for employment and
volunteer positions.
The City desires to identify those prospective qualified employees and
volunteers who have a criminal history so that information about criminal
history can be used once a conditional job offer has been extended to an in
post-interview employment decisions. Theapplicant. The City will evaluate the
applicant’s circumstances to determine if the conviction is sufficiently serious,
recent and job-related to disqualify him or her from the job.
Once a person has been selected as an employee or volunteer the employee
or volunteer shall report a conviction or arrest to his or her supervisor who
shall forward the information to the Department Director and Human
Resources Manager. Alternatively, the Human Resources Manager may be
informed directly. Once employed, an employee’s failure to report an arrest
or conviction may result in disciplinary action up to and including termination.
Section 8. Post Job Offer Physical Examinations: As a condition of City employment,
some candidates must successfully pass a post-offer physical, which may
include a substance abuse examination. Candidates being considered for
employment will be sent to a City authorized physician at the City’s expense.
Section 9. Immigration Reform and Control Act of 1986: In compliance with the
Immigration Reform and Control Act of 1986, all new employees must verify
identity and entitlement to work in the United States by providing required
documentation and must complete an I-9 form documenting ability to hold
employment in the U.S..
Section 10. Notification of Selection Process Results: Each person competing in an
employment selection process shall be given notice of placement or non-
placement on the employment eligibility list.
Section 11. Fitness for Duty Exams:
(a) Conditional Offer of Employment Examinations: After a conditional
offer of employment has been extended to an applicant, the City may,
in compliance with all applicable laws, require the applicant to submit
to a fitness for duty examination prior to conferring appointment.
(b) Current Employee Examinations: The City may require an employee
to submit to a fitness for duty examination to determine if the employee
is able to perform the essential functions of his or her job when there is
significant evidence: 1) the employee appears to be unable to perform
or has difficulty performing one or more essential functions of his or her
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job; and 2) there is reason to question the employee’s ability to
complete work duties safely or efficiently.
(c) Role of Health Care Provider: A City selected health care provider will
examine the employee or applicant at City expense. The City will
provide the heath care provider with a letter requesting a fitness for duty
examination and a written description of the essential functions of the
employee’s or applicant’s job. The health care provider will examine the
employee or applicant and provide the City with non-confidential
information regarding whether: 1) the employee or applicant is fit to
perform essential job functions; 2) there are any accommodations that
would enable the employee or applicant to perform essential job
functions; and 3) the employee’s or applicant’s employment poses a
threat to the health and safety of the employee/applicant or others.
Should the health care provider exceed the scope of the City’s request
and provide confidential health information, the City will return the
report to the health care provider and request another report that
includes only the non-confidential fitness for duty information that the
City has requested.
(d) Medical Information: During the course of a fitness for duty
examination, the City will not seek or use information regarding an
employee’s or applicant’s medical history, diagnoses, or course of
treatment without an employee’s or applicant’s written authorization.
(e) Medical Information from the Employee’s or Applicant’s Health Care
Provider: An employee may submit confidential medical information to
the City from his or her personal health care provider to consider in
conducting the fitness for duty examination. If the employee or applicant
provides written authorization, the Human Resources Manager will
submit the information that the employee or applicant provides to the
City paid health care provider who conducted the examination. The
Human Resources Manager will request the City-paid health care
provider to determine whether the information alters the original fitness
for duty assessment.
(f) Interactive Process Discussion: After receipt of both the health care
provider’s fitness for duty report and the analysis of the employee’s or
applicant’s personal health care information, if any, the Human
Resources Manager will arrange for a discussion or discussions, in
person or via conference telephone call, with the employee or applicant
and his or her representatives, if any. The purpose of the discussions
will be in good faith to fully discuss all feasible potential reasonable
accommodations. During the discussions, the Human Resources
Manager will also discuss, if relevant, alternate available jobs for which
the employee or applicant is qualified, or whether the employee
qualifies for disability retirement or medical leave.
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(g) Determination: After the discussions, the Human Resources Manager
will review the information received and determine if there is a
reasonable accommodation that would enable the individual to perform
essential job functions and if so, whether the accommodations would
pose an undue hardship on City finances or operations. The Human
Resources Manager will inform the individual of his or her
determination.
Section 12. Department of Motor Vehicle Pull Notice Program: The City participates in
the DMV Pull Notice Program which allows the City to obtain employee
driver license record information for those employees who drive on behalf of
the City. The driver license record monitoring assists the City in improving
public safety, determining if each employee has a valid driver’s license and
whether an employee has unsafe driving behavior.
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RULE IX
EMPLOYMENT ELIGIBILITY LISTS
Section 1. Employment Eligibility Lists: As soon as possible after the completion of an
examination, the City Manager’s Designee will prepare and keep available an
employment eligibility list consisting of the names of applicants who qualified
in the examination, arranged alphabetically.
Section 2. Duration of Lists: Employment eligibility lists, other than those from a
continuous examination, shall remain in effect for one (1) year, unless
exhausted sooner, and may be extended or abolished, prior to their expiration
dates, by action of the City Manager’s Designee, but in no event shall an
employment eligibility list remain in effect for more than two (2) years.
Section 3. Removal of Applicants from Lists: The name of any person appearing on an
employment eligibility list shall be removed by the City Manager’s Designee if
the person eligible requests in writing that his or her name be removed, fails
to respond to a notice, or has been certified for appointment and has not
commenced employment.
Section 4. Use of Employment Eligibility Lists: A vacant position may be filled by the
appointment of a person whose name is on an employment eligibility list for
the same position or a position with similar or higher qualifications. in the same
classification.
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RULE X
METHOD OF FILLING VACANCIES
Section 1. Types of Appointment: Except as otherwise provided herein, all vacancies in
the competitive service shall be filled by re-employment, transfer, voluntary
demotion, promotion or from eligibles certified by the City Manager’s designee
from an appropriate employment eligibility list.
Section 2. Notice to Human Resources: Whenever a vacancy occurs, the Department
Director or Division Manager shall submit a request to the City Manager’s
Designee for authorization to fill the position. The City Manager’s Designee
shall advise the Department Director or Division Manager as to the availability
of candidates from reemployment lists, requests for transfer, or demotion of
eligible candidates on an employment or promotional list. The City Manager’s
Designee may hold a new examination and establish a new employment
eligibility list, if requested.
Section 3. Appointment: After completion of the interview and selection process, the
Department Director or Division Manager shall recommend an employment
offer to be made to an eligible person designated by the Department Director
or Division Manager by the City Manager’s Designee. The City Manager’s
Designee shall thereupon notify the person of the conditional offer of
employment, subject to passing a physical examination and drug test (if
required).
Section 4. Veterans Preference: If candidates are identically qualified for appointment,
the appointment will be offered to the candidate who is a U.S. Military veteran,
honorably discharged.
Section 5. Temporary Assignments: Employees may be temporarily assigned higher or
lower duties without a change in pay for the purpose of filling a vacancy. Such
action shall not be deemed as a transfer, demotion, promotion, or
reclassification. In all cases where periodic or regular variations in
assignments occur because of seasonal needs, the temporary change of
duties or a change of the work schedule, of such variations shall be considered
as incidental to the position.
Section 6. Extended Assignment to Vacant Higher Position: Employees assigned to
perform duties in a vacant higher level regular position in excess of twenty-
one (21) consecutive calendar days shall be entitled to a salary rate increase
to the higher level for the time actually worked in the assignment. (See Rule
V, Section 18, Acting Pay.) The duration of such assignment to a vacant
higher position shall not exceed one (1) yearsix (6) months. It is the
responsibility of the Department Director or Division Manager to request such
salary rate increase to the City Manager’s Designee for approval.
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Section 7. Vacancies Outside the Competitive Service: Vacancies outside the
competitive service (e.g., executive positions, seasonal part-time, intermittent
part-time) will be filled by a process deemed appropriate by the City Manager.
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RULE XI
PROBATIONARY PERIOD
Section 1. Probationary Period: Upon initial and promotional appointment to a position
in the competitive service, an employee must serve a probationary period of
one year of actual and continuous service of 2,080 hours. Periods of time on
paid or unpaid leave in excess of five (5) working days (consecutive or not)
automatically extend the probationary period by the number of days the
employee is on leave. The City Council may, by resolution, establish a longer
probation period for a specified class prior to the time of appointment.
Section 2. Purpose of Probationary Period: During the probationary period, the
supervisor shall review, examine and monitor the conduct, capacity, efficiency,
skill, responsibility, integrity, and effectiveness of an employee to determine
whether the employee is fully qualified for employment in the classification and
position to which the employee has been appointed.
Section 3. Extension of Probationary Period: The probationary period may be extended
by the Department Director or Division Manager for a period up to six (6)
months by written notice to the employee prior to the expiration of the original
probationary period.
Section 4. Reduction of Probationary Period: The probationary period may be shortened
with the written approval of the City Manager.
Section 5. Rejection During Probation: At any time during the probationary period an
employee may be rejected from employment without cause and without right
of appeal.
Section 6. Rejection During Probation From a Promotional Position: A promoted
employee who has attained regular status in another classification of City
employment who does not successfully complete the probationary period in
the promoted class may be returned to the former classification or a
comparable classification without right to review or appeal unless terminated
for cause.
Section 7. Use of Leave During Probation: Authorized use of accrued sick leave, vacation
leave, administrative leave and Floating Holiday hours may be granted during
the probationary period upon approval of the Department Director, Deputy City
Manager, Assistant City Manager or City Manager.
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RULE XII
ATTENDANCE AND LEAVES
Section 1. Attendance and Absence Control: Full-time employees shall be in attendance
at their work in accordance with the rules regarding hours of work, except for
City holidays, and other authorized leave. Absence of any employee without
authorized leave may result in disciplinary action, up to and including
termination. Arriving late to work or leaving early in connection with scheduled
work times, breaks, or meal periods is prohibited. An employee is required to
seek advance permission from his/her supervisor for any foreseeable absence
or deviation from regular working hours.
(a) Employee’s Duty to Notify of Late Arrival or Absence: An employee
who is unexpectedly unable to report for work as scheduled must notify
his/her immediate supervisor no later than the beginning of the
employee’s work shift and report the absence or expected time of
arrival and the reason for the absence or late arrival. If the employee's
immediate supervisor is not available, the employee must notify the
Department Director. An employee who fails to timely notify the
supervisor of absences, or who is not present and ready to work during
all scheduled work times, will be deemed to have an unauthorized tardy
or absence and will not receive compensation for the period of absence.
(b) Excessive Tardiness/Absenteeism: Excessive tardiness or
absenteeism may be grounds for discipline, up to and including
termination. Abuse of, or misrepresentation of any form of accrued or
unpaid leave time will be grounds for discipline, up to and including
termination.
Section 2. Vacation Leave: Vacation is a right, earned as a condition of employment. It
is a leave of absence with pay for recreation and well-being of the employee.
If an employee has exhausted sick leave, vacation may be used for sick leave
upon request of the employee and with approval of the City Manager,
Assistant City Manager, Deputy City Manager, Department Director or Division
Manager.
(a) Employees shall accrue, on a pro-rata basis, vacation leave for
completed pay periods. Such vacation allowance shall be available for
use on the first day following the pay period in which it is earned.
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Length of Service from
Benefit Date
Annual
Vacation
Allowance
Accrual
Rate
On employment through
59 months
80 hours
3.08 hours
per pay
period
60 months through
119 months
120 hours
4.62 hours
per pay
period
120 months and up 160 hours
6.15 hours
per pay
period
(b) Maximum Accrual: Vacation leave may be accrued to a maximum of
360 hours. Once the 360 hour maximum accumulation is reached, no
further vacation leave shall accrue until the employee reduces the
accumulation below the maximum. However, at no time may an
employee’s amount of accrued vacation exceed 360 hours.
(c) Waiver of Maximum Accrual: A waiver of the 360-hour cap must be
requested by the Department Director or Division Manager and
approved by the City Manager, for a period not to exceed thirteen (13)
pay periods per fiscal year. If at the end of the waiver period the
maximum accrual amount is exceeded, vacation accrual for the
affected employee will stop. No further vacation time will be accrued
until the employee’s vacation leave balance is below the maximum
accrual amount. In the event that the failure to utilize vacation past the
thirteen pay period waiver is due to the City’s inability to allow an
employee to take vacation (as opposed to an employee’s delay and/or
failure to request vacation time off), the employee may, with City
Manager authorization, continue to accrue vacation.
(d) Vacation Leave Cash Out Option: Once 240 hours of vacation leave
has been accrued, the employee is eligible to receive, at their request,
a one-time per year “cash out” payment for up to 80 hours of the
accrued vacation leave provided he or she has used 80 hours of his or
her accrued vacation leave during the previous twelve months. The
“cash out” value is at the employee’s current rate of pay regardless of
the rate at which the vacation leave hours were earned.
(e) The minimum charge against accumulated vacation leave shall be
fifteen (15) minutes or multiples thereof. Vacation leave shall be
compensated at the employee’s base rate of pay.
(f) The time during a calendar year at which an employee may take his or
her vacation shall be determined by the Department Director of Division
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Manager with due regard for the wishes of the employee and particular
regard for the operational and staffing needs of the City.
(g) All requests to use vacation leave shall be made with as much advance
notice as possible, and prior approval must be given by the employee’s
supervisor and Department Director or Division Manager. When
circumstances warrant and advance notice is impractical, Department
Directors or Division Managers may approve the use of vacation leave
for emergency absences. If an employee does not request time off in
advance and simply does not show up for work, the Department
Director or Division Manager may deny the use of vacation time or any
leave accruals, and said employee may be subject to disciplinary
action.
(h) When a fixed holiday falls within a vacation period, the holiday time
shall not be charged against an employee’s earned vacation benefits.
(i) Employees who terminate or retire shall be paid for all accrued vacation
leave earned at their base rate of pay at the time of their separation of
employment.
(j) For the purpose of determining their accrual rate, exempt employees
shall be credited with up to five (5) years of full-time City service for
equivalent public sector full-time service.
(k) Employees on Unpaid Leave do not accrue Vacation Leave.
(l) Temporary (working less than 1,000 hours per year), emergency, and
seasonal and intermittent part-time employees do not accrue Vacation
Leave.
(m) Regular part-time employees receive prorated Vacation Leave.
Section 3. Sick Leave: Sick Leave is defined as the authorized absence from duty of an
employee because of physical or mental illness, injury, pregnancy, confirmed
exposure to a serious contagious disease, or for a medical, optical, or dental
appointment. Sick leave may also be taken for diagnosis, care, or treatment
of an existing health condition of, or preventive care for, an employee, an
employee's family member (includes parent, child, spouse, registered
domestic partner, parent-in-law, sibling, grandchild or grandparent); or for an
employee who is a victim of domestic violence, sexual assault, or stalking, the
purposes described in Labor Code section 230(c) and Labor Code Section
230.1(a). Sick leave shall not be considered a privilege which an employee
may use at his/her discretion, but shall be allowed only in case of necessity for
the reasons provided in these Rules.
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(a) Accrual and Use of Sick Leave: The following sick leave amounts
provided shall be available for use following 90 days of employment.
Full-Time Benefitted Employees: Full-time benefitted employees
accrue sick leave for each payroll period completed, prorated on the
basis of 80 hours per year, or 3.08 hours per pay period. Full-time
benefitted employees can carry-over their accrued sick leave year to
year up to a cap of 480 hours. Once the sick leave cap is reached, the
employee will stop accruing additional sick leave hours.
Part-Time Benefitted Employees: Part-time benefitted employees
accrue prorated sick leave based on the full-time benefitted employee
amounts and terms as noted above. Part-time benefitted employees
can carry-over their accrued sick leave year to year up to a cap of 240
hours. Once the sick leave cap is reached, the employee will stop
accruing additional sick leave hours. For example, if a part-time
benefitted employee is half-time (50%) and is scheduled to work 1,040
hours in a fiscal year, the employee would be entitled to 40 hours of
accrued sick leave which is half the full-time benefitted employee
accrual rate.
Seasonal and Intermittent Part-Time Employees: Beginning July 1,
2015, sSeasonal and intermittent part time employees are eligible for
an allotment of 24 hours of paid sick leave on an annual basis. The full
allotment of 24 hours of paid sick leave will be given on July 1st each
year. Employees hired after July 1st will be given the full allotment of
24 hours of paid sick leave on the day the employee begins
employment. Employees are eligible to take paid sick leave after 90
days of employment. Paid sick leave for seasonal and intermittent
employees is not accrued, and cannot be carried over to the following
year, nor is it paid out upon employment separation.
(b) Minimum Use: The minimum charge against accumulated sick leave
shall be 15 minutes or multiples thereof. Approved sick leave with pay
shall be compensated at the employee’s base rate of pay.
(c) Proof of Qualifying Reason for Leave: If an employee is absent longer
than three (3) days or 24 hours due to sick leave, the Department
Director or Division Manager may require a physician’s certificate
and/or other medical evidence/certification verifying the need for leave
before the City honors any sick leave requests.
An employee who is absent in order to obtain relief or services related
to being a victim of domestic violence, sexual assault, or stalking must
provide appropriate certification of the need for such services. The
following types of certification shall be sufficient: (1) a police report
indicating that the employee was a victim of domestic violence, sexual
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assault, or stalking; (2) a court order protecting or separating the
employee from the perpetrator of an act of domestic violence, sexual
assault, or stalking, or other evidence from the court or prosecuting
attorney that the employee has appeared in court; (3) documentation
from a licensed medical professional, domestic violence counselor, a
sexual assault counselor, licensed health care provider, or counselor
that the employee was undergoing treatment for physical or mental
injuries or abuse resulting in victimization from an act of domestic
violence, sexual assault, or stalking.
(d) Notification: If the need to use accrued paid sick leave is foreseeable,
then, in order to receive compensation while absent from duty on sick
leave, the employee must notify his/her immediate supervisor or
Department Director or Division Manager prior to or within two (2) hours
after the time set for the beginning of his/her regular duties. If the need
for paid sick leave is not foreseeable, the employee shall provide notice
of the need for the leave to their supervisor as soon as practicable.
(e) Violations: Violation of sick leave Rules may result in disciplinary action
when in the opinion of the Department Director or Division Manager,
the employee has been excessively absent, has abused the sick leave
and/or has misrepresented its use.
(f) Sick Leave Payout: Each benefitted employee may voluntarily be paid
annually up to 80 hours of accrued sick leave in excess of 200 hours at
a rate of one-half (1/2) the employee’s current wage at the time of
payment. Said payment is to be made during the month of December,
or at such other time as the City Manager may determine, at his/her
absolute discretion, as appropriate. After five (5) years of service, when
an employee retires, resigns or terminates in good standing, that
employee will be paid all accumulated sick leave at a rate of one-half
(1/2) of the employee’s current rate of pay at his or her date of
separation.
(g) Employees on Unpaid Leave: Employees on unpaid leave do not
accrue sick leave.
Section 4. Occupational Injury or Illness Leave: Whenever an employee is compelled to
be absent from employment with the City on account of injury or illness arising
out of or in the course of that employee’s employment as determined under
the Workers’ Compensation Act, the employee may elect to apply pro-rated
accrued sick leave, if any, to such absence to receive compensation of an
amount of the difference between the compensation received under the
Workers’ Compensation Act and that of the employee’s regular pay, not to
exceed the amount of the employee’s earned sick leave. An employee, in
such instance, may also elect to use any earned vacation time in like manner
after sick leave is exhausted. An employee, in such instance, may also elect
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to use any earned Administrative Leave and Floating Holiday hours in like
manner after sick leave and earned vacation time are exhausted. Employees
shall receive full salary in lieu of Workers’ Compensation benefits and paid
sick leave for the first three days following an occupational injury or illness, if
authorized absence is by order of an accepted physician under the Workers’
Compensation sections of the California Labor Code.
Section 5. Bereavement Leave: When circumstances are such and the City Manager
determines that conditions warrant, three days (twenty-seven 27 hours) of paid
bereavement leave may be used by, benefitted employees, per occurrence in
the event of death of a spouse, domestic partner, child, brother, sister, parent,
parents-in-laws, or grandparent of a full-time employee. With City Manager
approval, up to an additional two days (eighteen 18 hours) of sick leave may
be used to supplement bereavement leave.
In the event of the death of other relatives and with City Manager approval,
three days (twenty-seven 27 hours) of sick leave may be used per occurrence
for the death of aunts, uncles, or other individuals related by blood or marriage.
Section 6. Jury Duty and Witness Leave: If a regular full-time employee is required to
serve as a trial juror, such employee shall receive regular pay while actually
performing jury service. Amounts received by such employee from the Court
as payment for service as a juror, except mileage paid to the employee, must
be reimbursed to the City in order to remain on paid status. Part-time regular
employees shall receive prorated pay based on the hours they were scheduled
to work. Employees will be required to provide a Jury Duty Certification form
to their supervisor, to be attached to their time sheet for that time period.
Employees shall be granted leave with pay when subpoenaed to testify in a
matter arising out of the scope of their employment with the City.
Employees absent from work due to jury duty or witness leave must daily notify
their immediate supervisor or Department Director or Division Manager of the
status of their leave.
Section 7. Administrative Leave: Full-time exempt employees are allowed twenty-seven
(27) hours of administrative leave per fiscal year, Department Directors are
allowed forty-five (45) hours of Administrative Leave per fiscal year and
designated Exempt Managers are allowed thirty-six (36) hours of
Administrative Leave per fiscal year. Administrative leave hours are added to
eligible employees’ leave banks at the beginning of each fiscal year provided
the employee has not reached the maximum accrual of hours.
Administrative Leave may be accumulated and carried over to the following
year for a maximum accrual of up to two (2) years. Employees may not accrue
more than two (2) years of administrative leave at any point and will cease to
accrue administrative leave once the maximum is reached. Requests for
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Administrative Leave must be approved by the immediate supervisor and the
City Manager. Use of Administrative Leave will be authorized at the
convenience of the City and the work schedule. Additional hours of leave may
be authorized by the City Manager, based on the number of total hours the
individual works over and above forty (40) hours per work week or for
exceptional performance and must be taken or cashed out within one (1) year.
Section 8. Family and Medical Leave:
(a) Statement of Policy: To the extent not already provided for under
current leave policies and provisions, the City will provide family and
medical care leave for eligible employees as required by state and
federal law. The following provisions set forth certain of the rights and
obligations with respect to such leave. Rights and obligations which are
not specifically set forth below are set forth in the Department of Labor
regulations implementing the Federal Family and Medical Leave Act of
1993 (“FMLA”), and the regulations of the California Family Rights Act
(“CFRA”). Unless otherwise provided by these Rules, “leave” under this
Section 8 only shall mean leave pursuant to the FMLA and CFRA.
(b) Definitions:
(1) “12-Month Period” means a rolling 12-month period measured
backward from the date leave is taken and continuous with each
additional leave day taken.
(2) “Single 12-month period” means a 12-month period which
begins on the first day the eligible employee takes FMLA leave
to take care of a covered service member and ends 12 months
after that date.
(3) “Child” means a child under the age of 18 years of age, or 18
years of age or older who is incapable of self care because of a
mental or physical disability. An employee’s child is one for
whom the employee has actual day-to-day responsibility for care
and includes, a biological, adopted, foster or step-child.
(4) A child is “incapable of self care” if he/she requires active
assistance or supervision to provide daily self care in three or
more of the activities of daily living or instrumental activities of
daily living — such as, caring for grooming and hygiene, bathing,
dressing and eating, cooking, cleaning, shopping, taking public
transportation, paying bills, maintaining a residence, using
telephones and directories, etc.
(5) “Parent” means the biological, adoptive, step or foster parent of
an employee, or an individual who stands or stood in loco
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parentis (in place of a parent) to an employee when the
employee was a child. This term does not include parents-in-law.
(6) “Spouse” means a husband or wife as defined or recognized
under California State law for purposes of marriage.
(7) “Domestic Partner,” as defined by Family Code §§ 297 and
299.2, shall have the same meaning as “Spouse” for purposes
of CFRA Leave.
(8) “Serious health condition” means an illness, injury impairment,
or physical or mental condition that involves:
i) Inpatient Care (i.e., an overnight stay) in a hospital,
hospice, or residential medical care facility, including any
period of incapacity (i.e., inability to work, or perform
other regular daily activities due to the serious health
condition, treatment involved, or recovery therefrom); or
ii) Continuing treatment by a health care provider: A serious
health condition involving continuing treatment by a
health care provider includes any one or more of the
following:
a. A period of incapacity (i.e., inability to work, or
perform other regular daily activities) due to
serious health condition of more than three full
consecutive calendar days, and any subsequent
treatment or period of incapacity relating to the
same condition, that also involves:
i. Treatment two or more times within 30 days
of the first day of incapacity, unless
extenuating circumstances exist by a health
care provider, by a nurse, or by a provider
of health care services (e.g., a physical
therapist) under orders of, or on referral by
a health care provider. The first in-person
treatment visit must take place within seven
days of the first day of incapacity; or
ii. Treatment by a health care provider on at
least one occasion which must take place
within seven days of the first day of
incapacity and results in a regimen of
continuing treatment under the supervision
of the health care provider. This includes for
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example, a course of prescription
medication or therapy requiring special
equipment to resolve or alleviate the health
condition. If the medication is over the
counter, and can be initiated without a visit
to a health care provider, it does not
constitute a regimen of continuing
treatment.
b. Any period of incapacity due to pregnancy or for
prenatal care. (This entitles the employee to FMLA
leave, but not CFRA leave. Under California law,
an employee disabled by pregnancy is entitled to
pregnancy disability leave.)
c. Any period of incapacity or treatment for such
incapacity due to a chronic serious health
condition. A chronic serious health condition is one
which:
i. Requires periodic visits (defined as at least
twice a year) for treatment by a health care
provider or by a nurse;
ii. Continues over an extended period of time
(including recurring episodes of a single
underlying condition); and
iii. May cause episodic rather than a
continuing period of incapacity (e.g.,
asthma, diabetes, epilepsy, etc.). Absences
for such incapacity qualify for leave even if
the absence lasts only one day.
d. A period of incapacity which is permanent or long
term due to a condition for which treatment may
not be effective. The employee or family member
must be under the continuing supervision of, but
need not be receiving active treatment by, a health
care provider.
e. Any period of absence to receive multiple
treatments (including any period of recovery
therefrom) by a health care provider or by a
provider of health care services under orders of, or
on referral by, a health care provider, either for
restorative surgery after an accident or other
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injury, or for a condition that would likely result in a
period of incapacity of more than three
consecutive calendar days in the absence of
medical intervention or treatment.
(9) “Health Care Provider” means:
i) A doctor of medicine or osteopathy who is authorized to
practice medicine or surgery by the State of California;
ii) Individuals duly licensed as a physician, surgeon, or
osteopathic physician or surgeon in another state or
jurisdiction, including another country, who directly treat
or supervise treatment of a serious health condition;
iii) Podiatrists, dentists, clinical psychologists, optometrists,
and chiropractors (limited to treatment consisting of
manual manipulation of the spine to correct a subluxation
as demonstrated by X-ray to exist) authorized to practice
in California and performing within the scope of their
practice as defined under California State law;
iv) Nurse practitioners and nurse-midwives, clinical social
workers, and physician assistants who are authorized to
practice under California State law and who are
performing within the scope of their practice as defined
under California State law;
v) Christian Science practitioners listed with the First Church
of Christ, Scientist in Boston, Massachusetts; and
vi) Any health care provider from whom an employer or
group health plan’s benefits manager will accept
certification of the existence of a serious health condition
to substantiate a claim for benefits.
(10) “Covered active duty” means: (1) in the case of a member of a
regular component of the Armed Forces, duty during the
deployment of the member with Armed Forces to a foreign
country, or (2) in the case of a member of a reserve component
of the Armed Forces, duty during the deployment of a member
of the Armed Forces to a foreign country under a call or order to
active duty under certain specified provisions.
(11) “Covered Servicemember” means (1) a current member of the
Armed Forces, including a member of the National Guard or
Reserves, who is undergoing medical treatment, recuperation,
or therapy, is otherwise in outpatient status, or is otherwise on
the temporary disability retired list, for a serious injury or illness
incurred in the line of duty on active duty; or (2) a veteran who is
undergoing medical treatment, recuperation, or therapy, for a
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serious injury or illness and who was a member of the Armed
Forces, including a member of the National Guard or Reserves,
at any time during the period of five years preceding the date on
which the veteran undergoes that medical treatment,
recuperation, or therapy.
(12) “Outpatient Status” means, with respect to a covered
servicemember, the status of a member of the Armed Forces
assigned to either: (1) a military medical treatment facility as an
outpatient; or (2) a unit established for the purpose of providing
command and control of members of the Armed Forces
receiving medical care as outpatients.
(13) “Next of Kin of a Covered Servicemember” means the nearest
blood relative other than the covered servicemember’s spouse,
parent, son, or daughter, in the following order of priority: Blood
relatives who have been granted legal custody of the covered
service member by court decree or statutory provisions, brothers
and sisters, grandparents, aunts and uncles, and first cousins,
unless the covered servicemember has specifically designated
in writing another blood relative as his or her nearest blood
relative for purposes of military caregiver leave under the FMLA.
(14) “Serious Injury or Illness” (1) in the case of a member of the
Armed Forces, including a member of the National Guard or
Reserves, means an injury or illness that was incurred by the
member in the line of duty on active duty in the Armed Forces
(or existed before the beginning of the member’s active duty and
was aggravated by service in the line of duty on active duty in
the Armed Forces) and that may render the member medically
unfit to perform the duties of the member’s office, grade, rank, or
rating; or (2) in the case of a veteran who was a member of the
Armed Forces, including a member of the National Guard or
Reserves, at any time during the period of five years preceding
the date on which the veteran undergoes that medical treatment,
recuperation, or therapy, means a qualifying injury or illness that
was incurred by the member in the line of duty on active duty in
the Armed Forces (or existed before the beginning of the
member’s active duty and was aggravated by service in the line
of duty on active duty in the Armed Forces) and that manifested
itself before or after the member became a veteran.
(c) Reasons for Leave: Leave is only permitted for the following reasons:
(1) The birth of a child or to care for a newborn of an employee;
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(2) The placement of a child with an employee in connection with
the adoption or foster care of a child;
(3) Leave to care for a child, parent, spouse, or domestic partner
who has a serious health condition;
(4) Leave because of a serious health condition that makes the
employee unable to perform the functions of his/her position;
(5) Leave for a “qualifying exigency” may be taken arising out of the
fact that an employee’s spouse, son, daughter, or parent is on
covered active duty or call to active duty status (under the FMLA
only, not the CFRA); or
(6) Leave to care for a spouse, son, daughter, parent, or “next of
kin” who is a covered servicemember of the United States Armed
Forces who has a serious injury of illness incurred in the line of
duty while on active military duty or existed before the beginning
of the member’s active duty and was aggravated by service in
the line of duty on active duty in the Armed Forces (this leave
can run up to 26 weeks of unpaid leave during a single 12-month
period) (under the FMLA only, not the CFRA).
(d) Employees Eligible for Leave: An employee is eligible for leave if the
employee:
(1) Has been employed for at least 12 months; and
(2) Has been employed for at least 1,250 hours during the 12-month
period immediately preceding the commencement of the leave.
(e) Amount of Leave: Eligible employees are entitled to a total of 12
workweeks (or 26 weeks to care for a covered servicemember) of leave
during any 12-month period. Where FMLA leave qualifies as both
military caregiver leave and care for a family member with a serious
health condition, the leave will be designated as military caregiver leave
first.
(1) Minimum Duration of Leave: If leave is requested for the birth,
adoption or foster care placement of a child of the employee,
leave must be concluded within one year of the birth or
placement of the child. In addition, the basic minimum duration
of such leave is two weeks. However, an exception can be made
to allow at least one day, but less than two weeks duration on
any two occasions.
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If leave is requested to care for a child, parent, spouse or the
employee him/herself with a serious health condition, there is no
minimum amount of leave that must be taken. However, the
notice and medical certification provisions of this policy must be
complied with.
(2) Spouses Both Employed by the City: In any case in which both
spouses are employed by the City are entitled to leave, the
aggregate number of workweeks of leave to which both may be
entitled may be limited to 12 workweeks during any 12-month
period if leave is taken for the birth or placement for adoption or
foster care of the employees’ child (i.e., bonding leave).
In any case in which both spouses are employed by the City are
entitled to leave, the aggregate number of workweeks of leave
to which both may be entitled may be limited to 26 workweeks
during any 12-month period if leave is taken to care for a covered
servicemember.
Except as noted above, this limitation does not apply to any other
type of leave under this policy.
(f) Employee Benefits While on Leave: Leave under this policy is unpaid.
While on leave, employees will continue to be covered by the City’s
group health insurance to the same extent that coverage is provided
while the employee is on the job.
Employees may make the appropriate contributions for continued
coverage under the preceding non-health benefit plans by payroll
deductions or direct payments made to these plans. Depending on the
particular plan, the City will inform you whether the premiums should
be paid to the carrier or to the City. Your coverage on a particular plan
may be dropped if you are more than 30 days late in making a premium
payment. However, you will receive a notice at least 15 days before
coverage is to cease, advising you that you will be dropped if your
premium payment is not paid by a certain date. Employee contribution
rates are subject to any change in rates that occurs while the employee
is on leave.
If an employee fails to return to work after his/her leave entitlement has
been exhausted or expires, the City shall have the right to recover its
share of health plan premiums for the entire leave period, unless the
employee does not return because of the continuation, recurrence, or
onset of a serious health condition of the employee or his/her family
member which would entitle the employee to leave, or because of
circumstances beyond the employee’s control. The City shall have the
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right to recover premiums through deduction from any sums due the
City (e.g. unpaid wages, vacation pay, etc.).
(g) Substitution of Paid Accrued Leaves: While on leave under this policy,
as set forth herein, an employee may elect to concurrently use paid
accrued leaves. Similarly, the City may require an employee to
concurrently use paid accrued leaves after requesting FMLA and/or
CFRA leave, and may also require an employee to use family and
medical care leave concurrently with a non-FMLA/CFRA leave which is
FMLA/CFRA-qualifying.
(1) Employee’s Right To Use Paid Accrued Leaves Concurrently
With Family Leave: Where an employee has earned or accrued
paid vacation, administrative leave, compensatory time, floating
holidays or sick leave, that paid leave may be substituted for all
or part of any (otherwise) unpaid leave under this policy.
As for sick leave, an employee is entitled to use sick leave
concurrently with leave under this policy if:
a. The leave is for the employee’s own serious health
condition; or
b. The leave is needed to care for a parent, spouse, child,
or domestic partner with a serious health condition, and
would be permitted as sick leave under the City’s sick
leave policy.
(2) City’s Right To Require An Employee To Use Paid Leave When
Using FMLA/CFRA Leave: Employees must exhaust their
accrued leaves concurrently with FMLA/CFRA leave to the same
extent that employees have the right to use their accrued leaves
concurrently with FMLA/CFRA leave, with two exceptions:
a. Employees are required to use accrued compensatory
time earned in lieu of overtime earned pursuant to the Fair
Labor Standards Act; and
b. Employees will only be required to use sick leave
concurrently with FMLA/CFRA leave if the leave is for the
employee’s own serious health condition.
(3) City’s Right To Require An Employee To Exhaust FMLA/CFRA
Leave Concurrently With Other Leaves: If an employee takes a
leave of absence for any reason which is FMLA/CFRA-
qualifying, the City may designate that non-FMLA/CFRA leave
as running concurrently with the employee’s 12-week
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FMLA/CFRA leave entitlement. The only exception is for peace
officers and firefighters who are on leave pursuant to Labor Code
§ 4850.
(4) City’s and Employee’s Rights If An Employee Requests Accrued
Leave, Other than Accrued Sick Leave, Without Mentioning
Either the FMLA or CFRA: If an employee requests to utilize
accrued vacation leave or other accrued paid time off, other than
sick leave, without reference to a FMLA/CFRA-qualifying
purpose, the City may not ask the employee if the leave is for a
FMLA/CFRA-qualifying purpose. However, if the City denies the
employee’s request and the employee provides information that
the requested time off is for a FMLA/CFRA-qualifying purpose,
the City may inquire further into the reason for the absence. If
the reason is FMLA/CFRA-qualifying, the City may require the
employee to exhaust accrued leave as described above.
(h) Medical Certification: Employees who request leave for their own
serious health condition or to care for a child, parent or a spouse who
has a serious health condition must provide written certification from
the health care provider of the individual requiring care if requested by
the City.
If the leave is requested because of the employee’s own serious health
condition, the certification must include a statement that the employee
is unable to work at all or is unable to perform the essential functions of
his/her position.
Employees who request leave to care for a covered servicemember
who is a child, spouse, parent, or “next of kin” of the employee must
provide written certification from a health care provider regarding the
injured servicemember’s serious injury or illness.
The first time an employee requests leave because of a qualifying
exigency, an employer may require the employee to provide a copy of
the covered military member’s active duty orders or other
documentation issued by the military which indicates that the covered
military member is on active duty or call to active duty status in support
of a contingency operation, and the dates of the covered military
member’s active duty service. A copy of new active duty orders or
similar documentation shall be provided to the employer if the need for
leave because of a qualifying exigency arises out of a different active
duty or call to active duty status of the same or a different covered
military member.
(1) Time to Provide a Certification: When an employee's leave is
foreseeable and at least 30 days’ notice has been provided, if a
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medical certification is requested, the employee must provide it
before the leave begins. When this is not possible, the employee
must provide the requested certification to the City within the
time frame requested by the City (which must allow at least 15
calendar days after the employer's request), unless it is not
practicable under the particular circumstances to do so despite
the employee's diligent, good faith efforts.
(2) Consequences for Failure to Provide an Adequate or Timely
Certification: If an employee provides an incomplete medical
certification the employee will be given a reasonable opportunity
to cure any such deficiency. However, if an employee fails to
provide a medical certification within the timeframe established
by this policy, the City may delay the taking of FMLA/CFRA leave
until the required certification is provided.
(3) Second and Third Medical Opinions: If the City has reason to
doubt the validity of a certification, the City may require a medical
opinion of a second health care provider chosen and paid for by
the City. If the second opinion is different from the first, the City
may require the opinion of a third provider jointly approved by
the City and the employee, but paid for by the City. The opinion
of the third provider will be binding. An employee may request a
copy of the health care provider’s opinions when there is a
second or third medical opinion sought.
(4) Intermittent Leave or Leave on a Reduced Leave Schedule: If
an employee requests leave intermittently (a few days or hours
at a time) or on a reduced leave schedule to care for an
immediate family member with a serious health condition, the
employee must provide medical certification that such leave is
medically necessary. “Medically necessary” means there must
be a medical need for the leave and that the leave can best be
accomplished through an intermittent or reduced leave
schedule.
(i) Employee Notice of Leave: Although the City recognizes that
emergencies arise which may require employees to request immediate
leave, employees are required to give as much notice as possible of
their need for leave. Except for qualifying exigency leave, if leave is
foreseeable, at least 30 days’ notice is required. In addition, if an
employee knows that he/she will need leave in the future, but does not
know the exact date(s) (e.g. for the birth of a child or to take care of a
newborn), the employee shall inform his/her supervisor as soon as
possible that such leave will be needed. Such notice may be orally
given. If the City determines that an employee’s notice is inadequate or
the employee knew about the requested leave in advance of the
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request, the City may delay the granting of the leave until it can, in its
discretion, adequately cover the position with a substitute.
For foreseeable leave due to a qualifying exigency, an employee must
provide notice of the need for leave as soon as practicable, regardless
of how far in advance such leave is foreseeable.
(j) Reinstatement upon Return from Leave
(1) Right to Reinstatement: Upon expiration of leave, an employee
is entitled to be reinstated to the position of employment held
when the leave commenced, or to an equivalent position with
equivalent employment benefits, pay, and other terms and
conditions of employment. Employees have no greater rights to
reinstatement, benefits and other conditions of employment than
if the employee had been continuously employed during the
FMLA/CFRA period.
If a definite date of reinstatement has been agreed upon at the
beginning of the leave, the employee will be reinstated on the
date agreed upon. If the reinstatement date differs from the
original agreement of the employee and City the employee will
be reinstated within two business days, where feasible, after the
employee notifies the employer of his/her readiness to return.
(2) Employee’s Obligation to Periodically Report on His/Her
Condition: Employees may be required to periodically report on
their status and intent to return to work. This will avoid any delays
to reinstatement when the employee is ready to return.
(3) Fitness-for-Duty Certification: As a condition of reinstatement of
an employee whose leave was due to the employee’s own
serious health condition, which made the employee unable to
perform his/her job, the employee must obtain and present a
fitness-for-duty certification from the health care provider that the
employee is able to resume work. Failure to provide such
certification will result in denial of reinstatement.
(4) Reinstatement of “Key Employees”: The City may deny
reinstatement to a “key” employee (i.e., an employee who is
among the highest paid 10 percent of all employed by the City
within 75 miles of the work site) if such denial is necessary to
prevent substantial and grievous economic injury to the
operations of the City, and the employee is notified of the City’s
intent to deny reinstatement on such basis at the time the
employer determines that such injury would occur.
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(k) Required Forms: Employees must fill out the following applicable forms
in connection with leave under this policy:
(1) “Request For Family, Medical, Pregnancy Disability and/or
Military Caregiver Leave Form” prepared by the City of Diamond
Bar to be eligible for leave. Note: Employees will receive a City
of Diamond Bar response to their request which will set forth
certain conditions of the leave;
(2) Medical certification—either for the employee’s own serious
health condition or for the serious health condition of a child,
parent, spouse or domestic partner.
(3) Authorization for payroll deductions for benefit plan coverage
continuation; and
(4) Fitness-for-duty to return from leave form.
Section 9. California Paid Family Leave: California Paid Family Leave is a component of
State Disability Insurance (SDI) program. Unlike SDI, however, which partially
covers employee wage loss due to a personal disability, injury, or pregnancy,
Paid Family Leave Insurance partially covers employee wage loss for
individuals who need to care for a seriously ill family member or bond with a
new child. Benefits are available for a maximum of six (6) weeks in a twelve
(12) month period. Paid Family Leave and SDI are both administered by the
state Employment Development Department (EDD) and funded entirely by
mandatory, payroll deductions.
Section 10. Pregnancy Disability Leave: An employee is eligible for four months of unpaid
leave while disabled from working due to pregnancy, childbirth or related
medical condition when there is certification by a physician that there is a
disability due to the pregnancy, childbirth, or related medical condition.
(a) During the pregnancy disability leave time, paid leave may be charged
to accrued benefit time such as vacation, administrative leave and
floating holidays, at the employee’s request. In addition, accrued sick
leave may be used at the employee’s request, in accordance with
Section 3.
(b) Health insurance benefits shall continue for the duration of the
pregnancy disability leave under the same conditions as if the
employee had continued employment. If the employee fails to return to
work after the period of leave to which the employee is entitled has
expired, the City is entitled to recover the premiums paid on behalf of
the employee for maintaining coverage, unless the employee does not
return because the employee is taking leave under the CFRA or
because of the continuation, recurrence, or onset of a health condition
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that entitles the employee to leave under the CFRA or other
circumstances beyond the employee’s control.
(b) The City Manager may require the employee to file a physician’s
certificate or personal affidavit and to provide reasonable notice of the
date the leave will begin and the estimated duration of the leave.
(c) Upon the expiration of pregnancy leave and the City’s receipt of a
written statement from the health care provider that the employee is fit
to return to duty, the employee will be reinstated to her original or an
equivalent position, unless it was eliminated for a legitimate business
reason during the leave. If the employee's original position is no longer
available, the employee will be assigned to an open position that is
substantially similar in job content, status, pay, promotional
opportunities, and geographic location as the employee's original
position.
(d) If upon return from leave an employee is unable to perform the essential
functions of the job because of a physical or mental disability, the City
will initiate an interactive process with the employee in order to identify
a potential reasonable accommodation. An employee who fails to
return to work after the termination of her leave loses their
reinstatement rights.
Section 11. Election Leave: If a full-time employee does not have sufficient time outside
of working hours to vote at a statewide election, the employee may, without
loss of pay, take off enough working time which will enable the voter to vote;
provided that in no event shall an employee receive more than two (2) hours
of paid election leave. Regular part-time employees are eligible for election
leave based upon hours scheduled to work. The time off for voting shall be
only at the beginning or end of the regular work shift, whichever results in the
least time off from the regular working shift, unless otherwise mutually agreed
upon. The employee shall give the supervisor at least two working days’ notice
that time off for voting is desired.
Section 12. School Visit Leave: Full-time and regular part-time employees are permitted
to use up to forty (40) hours of leave for the purpose of participating in their
children’s school activities. Vacation or Floating Holiday Leave must be used
for this purpose, and the request for time off cannot exceed eight (8) hours in
any calendar month. In the event the employee has exhausted all accrued
vacation leave and floating holiday hours, leave without pay may be taken for
this purpose and all hour restrictions apply.
Section 13. Leave of Absence Without Pay: The City Manager may grant a regular
employee a leave of absence without pay for a period not to exceed one (1)
year. No such leave shall be granted except upon written request of the
employee, setting forth the reason for the request. Approval will be in writing.
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Upon expiration of a regularly approved leave or within a reasonable period of
time after notice to return to duty, the employee shall be reinstated in the
classification held at the time leave was granted. Failure on the part of an
employee on leave to report promptly at its expiration, or within a reasonable
time after notice to return to duty may be cause for disciplinary action up to
and including termination. Such leave of absence shall not be counted as a
break in service for purposes of satisfying the continuous employment
requirement for vacation allowance.
(a) Department Directors may grant an employee leave of absence without
pay for a period not to exceed one (1) calendar week. Such leaves
shall be reported to the City Manager.
(b) An employee on leave of absence without pay does not accrue sick
leave, vacation time, or receive benefits while on leave. Such
employee does not lose or forfeit any sick leave or unpaid vacation time
that had been accumulated prior to the time being granted. The
employee shall pay for his or her own health benefits during this leave
period and will not receive the monthly benefit allotment contribution
made by the City.
Section 14. Military Leave: Military leave shall be granted to City employees in
accordance with the provisions of current federal and state law. An employee
requesting leave for this purpose shall provide the Department Director with a
copy of the military orders specifying the dates, site and purpose of the activity
or mission. Within the limits of such orders, the Department Director may
determine when the leave is to be taken and may modify the employee’s work
schedule to accommodate the request for leave.
Section 15. Political Leave: Political leave may be granted to any employee who is
declared a candidate for public office subject to the provisions of Section 13:
Leave of Absence Without Pay.
Section 16. Leave for Victims of Violence: An employee who has been a victim of a violent
crime or domestic violence may take time off to: 1) appear in court to comply
with a subpoena or other court order as a witness in any judicial proceeding;
2) seek medical or psychological assistance; or 3) participate in safety
planning to protect against further assaults.
An affected employee must give the City reasonable notice that he or she is
required to be absent for a purpose stated above. In cases of unscheduled or
emergency court appearances or other emergency circumstances, the
affected employee must, within a reasonable time after the appearance,
provide the City with written proof that the absence was required for any of the
above reasons. Leave under this section is unpaid unless the employee uses
vacation or accrued time off.
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RULE XIII
HOLIDAYS
Section 1. Holidays Observed: The City’s observed paid holidays are as follows:
1. New Year’s Day (January 1)
2. President’s Day (observed the third Monday in February)
3. Memorial Day (observed the last Monday in May)
4. Independence Day (July 4)
5. Labor Day (observed the first Monday in September)
6. Veteran’s Day (November 11)
7. Thanksgiving Day
8. Day following Thanksgiving Day
9. Christmas Eve (December 24)
10. Christmas Day (December 25)
11. Eighteen (18) Floating Holiday Hours
Holidays which fall on Saturday shall be observed the preceding Friday and
holidays which fall on Sunday shall be observed on the following Monday.
Paid holidays are only for the observed days.
If an observed holiday falls on a nine (9) hour work day under the 9/80 work
schedule, those employees on the 9/80 schedule shall receive nine (9) hours
of holiday pay and those employees on a traditional work schedule shall
receive eight (8) hours of holiday pay.
If an observed holiday falls on an eight (8) hour work day under the 9/80 work
schedule, those employees on the 9/80 schedule shall receive eight (8) hours
of holiday pay and those employees on the traditional work schedule shall
receive eight (8) hours of holiday pay.
If a full-time employee is scheduled to work on a City observed holiday, they
can opt to “bank” the eight (8) or nine (9) hours of holiday pay into their leave
bank. Banked holiday hours must be taken within the fiscal year in which they
were earned and no later than June 30th or they will automatically be paid out
in the second pay period in July.
Section 2. Floating Holidays:
(a) Each full-time employee is allowed eighteen (18) hours floating holiday
per calendar year, January through December. Regular part-time
employees are allowed prorated floating holiday hours per calendar
year, January through December based upon hours scheduled to work.
(b) Floating Holiday hours are not cumulative and must be used during the
above period or said employee will lose the allocated hours.
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(c) Each employee must submit a request in advance, and approval must
be given by the employee’s supervisor and Department Director.
(d) An employee is eligible to use floating holiday hours as they are
allocated.
(e) Floating Holiday hours may be used in lieu of sick leave only if all other
benefit time has been exhausted.
Section 3. Eligibility for Holidays: All employees are eligible for holiday pay except the
following:
(a) Intermittent temporary part-time employees.
(b) Temporary employees.
Section 4. Prorated Holiday Pay: Regular part-time employees shall receive prorated
pay for any holiday on which they are scheduled to work.
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RULE XIV
CHANGES IN EMPLOYMENT STATUS
Section 1. Transfer: An employee may be transferred by the City Manager at any time
from one position to another position in the same or comparable class. A
comparable class is one with essentially the same maximum salary limits,
involves the performance of similar duties and requires substantially the same
basic qualifications. Transfer shall not be used to effectuate a promotion,
demotion, advancement, or reduction, each of which may be accomplished
only as provided in these Rules. No person shall be transferred to a position
for which he/she does not possess the minimum qualifications.
Section 2. Promotion: When practicable and consistent with the best interests of the City,
vacancies in the competitive service may be filled by promotion from within the
competitive service. All candidates for promotion must meet the minimum
qualifications identified by the appointing authority.
If, in the opinion of the City Manager, a vacancy in the position could be filled
better by an open, competitive examination instead of a promotional
appointment, he/she shall arrange for an open competitive examination and
for the preparation and certification of an eligibility list.
Section 3. Demotion: The appointing authority may demote an employee whose
performance of his/her required duties falls below standard or a regular
employee for disciplinary cause. No employee shall be demoted to a position
for which he/she does not possess the minimum qualifications. Such action
shall be subject to the City’s personnel provision on discipline and to the right
of appeal.
Section 4. Suspension: The appointing authority may suspend an at-will employee at
any time or a regular employee for cause.
Section 5. Reclassification: The appointing authority may request a reclassification study
of a position from one class to another if there has been a gradual accretion
or reduction of duties and/or responsibilities.
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RULE XV
SEPARATION FROM EMPLOYMENT
Section 1. Job Abandonment: An employee is deemed to have resigned if the employee
is absent for three (3) consecutive workdays without prior authorization and
without notification during the period of absence. On the second working day
of unauthorized absence, the supervisor shall send an e-mail or overnight
letter to the employee’s last known address or call the home and personal cell
phone number of the employee and leave a message informing the employee
that if the employee fails to report to work within one (1) workday, or receive
authorization for such absence, the employee will be subject to disciplinary
action including and up to termination. Employees separated from
employment for job abandonment will be reinstated with such charge removed
from the employee’s record upon presentation of justification for absence such
as severe accident, severe illness, arrest, or mental or physical impairment
which prevented notification.
Section 2. Discharge: An at-will employee may be discharged at any time without cause
or right of appeal. An employee in the competitive service may be discharged
for cause (as described in Rule XVIII, Section 2) at any time by the Department
Director or City Manager. Any employee in the competitive service who has
been discharged is entitled to rights provided in Rule XVII.
Section 3. Lay-off: The City Manager may lay off employees in the competitive service
because of change in duties or organization or shortage of work or funds. The
City Manager will designate classifications from which layoffs shall or will be
made.
(a) Notification: Employees to be laid off shall be given, whenever
possible, at least ten (10) calendar days prior notice.
(b) Order of Layoff: Employees shall be laid off in the inverse order of their
seniority in their classification in the department. Seniority shall be
determined based upon date of hire in the classification and higher
classifications in the department. A lay off out of the inverse order of
seniority may be made if, in the City’s judgment, retention of special job
skills is required. Within each class designated for layoff, employees
shall be laid off in the following order, unless special skills are required:
temporary, intermittent and seasonal part-time, part-time hired after
October 18, 2005, probationary, part-time regular, full-time regular.
In cases where there are two or more employees in the classification in
the department from which the layoff is to be made who have the same
seniority date, such employees shall be laid off on the basis of the last
evaluation rating in the class, providing such rating has been on file at
least thirty (30) days and no more than twelve (12) months prior to lay
off, in the following order:
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(1) All employees having ratings of “Needs Improvement” or “Does
Not Meet Expectations;”
(2) All employees having ratings of “Meets
ExpectationsSuccessful;”
(3) All employees having ratings of “Consistently Exceeds
Expectations” or “Frequently Meets and Exceeds Expectations.”
(c) Re-employment Rights for Laid-off Employees: Regular employees,
who have received a satisfactory or better evaluation for the twelve (12)
months prior to lay off, have completed their probationary period and
who have been laid off shall be automatically placed on a re-
employment list for one year for the classification from which they were
laid off.
Section 4. Resignation: An employee wishing to leave City employment in good standing
shall file with the Department Director or Division Manager at least ten (10)
working days before leaving the service, a written resignation stating the
effective date. Failure to give such notice shall mean the employee did not
terminate in good standing, unless the City Manager has waived the two-week
notice requirement. Failure to comply with this rule shall be entered on the
service record of the employee and may be cause for denying future
employment by the City. A resignation becomes final when accepted by the
City Manager and cannot be withdrawn.
Section 5. Reinstatement: A regular employee who has resigned, or has otherwise been
separated while in good standing, may for a period of two (2) years after
resignation or separation be considered for reinstatement, upon
recommendation of the Department Director and approval of the City
Manager, to a position in the former employee’s same or comparable
classification or a lesser classification provided such a position is vacant and
available. The employee shall be reinstated to the salary range and step held
at the time of resignation or separation and shall receive a new anniversary
date which shall be the first date of employment upon reinstatement. The
employee will serve a new probationary period.
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RULE XVI
REPORTS AND RECORDS
Section 1. General: The City maintains a personnel file on each employee. An
employee’s personnel file shall contain only material that is necessary and
relevant to the administration of the City’s personnel program. Personnel files
are the property of the City, and access to the information they contain is
restricted.
Section 2. Notifying City of Changes in Personal Information: Each employee is
responsible to promptly notify the employee’s supervisor and the City
Manager’s designee of any changes in relevant personal information,
including but not limited to:
Mailing address
Telephone number
Persons to contact in emergency
Number and names of dependents
Section 3. Location of Personnel Files: The personnel files will be kept secure and
confidential by the Human Resources Manager.
Section 4. Medical Information:
(a) Separate Confidential Files. All medical information about an employee
or applicant is kept separately and is treated as confidential, in
accordance with federal and state law.
(b) Information in Medical Files. The City will not obtain medical
information about an employee or applicant except in compliance with
the California Confidentiality of Medical Information Act and Health
Insurance Portability and Accountability Act. To enable the City to
obtain certain medical information, the employee or applicant may need
to sign an authorization for release of employee medical information.
(c) Access to Medical Information. Access to employee or applicant
medical information shall be strictly limited to only those with a
legitimate need to have such information for City business reasons. In
the case of an employee with a disability, managers and supervisors
may be informed regarding necessary restrictions on the work or duties
of the employee and necessary accommodations.
Section 5. References and Release of Information in Personnel Files:
(a) Public Information: Upon request, the City will release to the public
information about its employees as required by the Public Records Act.
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The City will not disclose personnel information that it considers would
constitute an unwarranted invasion of personal privacy.
(b) Reference Checks: All requests from outside the City for reference
checks or verification of employment concerning any current or former
employee must be referred to the City Manager’s designee.
Information will be released only if the employee signs an authorization
for release of employment information, except that without such
authorization, the following limited information will be provided: dates
of employment, job title and salary upon departure. Managers and
supervisors should not provide information in response to requests for
reference checks or verification of employment, unless specifically
approved by the City Manager on a case-by-case basis.
Section 6. Employee Access to Personnel File: An employee may inspect his or her own
personnel file at reasonable times and at reasonable intervals. An employee
who wishes to review his or her file should contact the Human Resources
Manager to arrange an appointment. The review must be done in the
presence of a Human Resources staff member.
Section 7. Destruction of Records: Personnel files, payroll records, records relating to
personnel recruitment, including correspondence, applications, examinations,
and reports may be destroyed in accordance with the City’s Records Retention
Schedule maintained by the City Clerk’s Office.
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RULE XVII
GRIEVANCE PROCEDURES
Section 1. Definition:
(a) Grievance: Except as otherwise excluded, a grievance is a written
allegation by an employee, submitted as herein specified, claiming
violation(s) of the terms of these Rules and for which there is no other
specific method of review provided by City law.
Disputes concerning the applicability of the Grievance Procedure that
persist through the third level of review shall be submitted for
determination by a court, unless the grievant and the City agree
otherwise.
(b) Grievant: A grievant is an employee or group of employees adversely
affected by an alleged violation of these Rules.
(c) Day: A day is any day the City is open to the public, i.e. any day except
Saturdays, Sundays, and legal holidays recognized by the City.
(d) Exclusions:
(1) The procedure is not to be used for the purpose of resolving
complaints, requests or changes in wages, hours and working
conditions.
(2) The procedure is not to be used to challenge the content of
employee evaluations orjob performance reviews or
probationary employment separations.
(3) The procedure is not to be used to challenge the decision to
reclassify, layoff, deny reinstatement, or deny a step or merit
increase to an employee.
(4) This procedure is not to be used in cases of oral reprimand,
written reprimand, reduction in pay, demotion, suspension, or
termination.
(5) This procedure is not to be used to challenge violation of law or
past practice.
(6) This procedure is not to be used to challenge examinations or
appointment to positions.
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Section 2. Procedure:
Step 1: Informal Discussion: The grievant shall discuss the grievance with
his/her immediate supervisor on an informal basis in an effort to resolve the
grievance. The grievance will be considered waived if not presented to the
immediate supervisor within ten (10) working days following the day the event
occurred upon which the grievance is based. The immediate supervisor shall
respond within five (5) working days following the meeting with the grievant.
Failure of the immediate supervisor to respond within such time limit shall
entitle the grievant to process the grievance at the next step.
Step 2: First Level of Review: If the grievance is not settled at Step 1, the
grievant may submit the grievance in writing to his/her supervisor within five
(5) working days of the receipt of the grievance response at Step 1 or if no
response, within five (5) working days of the time in which the supervisor was
supposed to respond. Failure of the grievant to deliver the written grievance
within this time period shall constitute a waiver of the grievance. The
supervisor shall meet with the grievant and a written decision and statement
of facts and issues shall be rendered to the grievant within ten (10) working
days from the date of the written grievance. Failure of the supervisor to
respond within such time limit shall entitle the grievant to process his/her
grievance at the next level of review.
Step 3: Department Director or Division Manager Review (Second Level): If
the grievance is not settled at Step 2, the grievant may submit the grievance
to the Department Director or Division Manager within five (5) working days of
receipt of the Step 2 grievance response or if no response, within five (5)
working days of the time in which the supervisor was supposed to respond.
Failure of the grievant to deliver such written notice within that time period shall
constitute a waiver of the grievance. The Department Director shall meet with
the grievant, and a written decision and statement of facts and issues shall be
rendered to the grievant and representative, if any, within ten (10) working
days from the date of service. Failure of the Department Director or Division
Manager to respond within such time limit shall entitle the grievant to process
the grievance at the next level of review.
Step 4: City Manager Review (Final Level): If the grievance is not settled at
Step 3, the grievant may serve written notice of the grievance to the City
Manager within five (5) working days following receipt of the grievance
response at Step 3 or if no response, within five (5) working days of the time
in which the Department Director was supposed to respond. Failure of the
grievant to serve such notice within that time period shall constitute a waiver
of the grievance. The City Manager shall meet with the grievant and a written
decision and statement of facts and issues shall be rendered to the grievant
and representative, if any, within fifteen (15) working days from the date of
service. The City Manager’s decision shall be final.
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Section 3. Right of Grievant to Representation: The grievant has the right to be
represented by any person or an attorney he/she may select during the various
stages of the grievance procedure.
Section 4. Retaliation: Employees shall be insured freedom from retaliation for using the
grievance procedure.
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RULE XVIII
DISCIPLINE
Section 1. Types of Disciplinary Action: Disciplinary actions range from informal
counseling conversations to termination; provided, however, that counseling,
oral warnings and written reprimands are not subject to the appeal procedures
set forth in this Rule. Progressive discipline is the corrective process of
applying penalties short of termination, or long-term demotion or suspension
where conduct is of a less serious nature and the employee has not repeatedly
engaged in such conduct. The nature of such discipline should be appropriate
to the conduct and need not begin with the least serious disciplinary action.
Acceptance of the principle of progressive discipline does not limit the City’s
authority to take appropriate action including termination, demotion or
suspension for serious offenses which cannot and will not be condoned.
(a) Counseling: An informal discussion with an employee to clarify
standards, evaluate strengths and weaknesses, or assist in clarifying
and remedying a performance or behavior problem. The employee’s
supervisor shall make written record of the counseling for the employee
and for their own supervisor’s file.
(b) Oral Warning: A formal discussion with an employee, usually by the
employee’s immediate supervisor, about performance or conduct
problems, the need for the employee to improve and what specific
improvement is expected. The employee’s supervisor shall make a
written record of the warning for the employee and the employee’s
personnel file. The employee may respond in writing to the oral warning
within fourteen (14) days. The response will be placed in the personnel
file with the oral warning.
(c) Written Reprimand: A formal written notice to the employee regarding
performance or conduct problems, the need for the employee to
improve and what specific improvement is expected. The written
reprimand goes in the employee’s personnel file with a copy to the
employee. The employee may respond in writing to the written
reprimand within fourteen (14) days. The response will be placed in the
personnel file with the written reprimand.
(d) Suspension: Removal of an employee from duty without pay for a
specified period.
(e) Reduction in Pay: A reduction in pay from the employee’s current step
within a pay range to a lower step within that same pay range.
(f) Demotion: A reduction in status and salary from one classification to
another classification having a lower salary range.
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(g) Dismissal or Discharge: Separation from employment of an employee
for cause.
Section 2. Grounds for Disciplinary Action Involving Regular Employees: The following
are examples of performance or behavior that may result in disciplinary action.
This listing is representative and does not exhaust all possible situations in
which disciplinary action may be required. Grounds for discipline include, but
are not limited to, the following:
(a) Fraud in securing employment or making a false statement on an
application for employment.
(b) Incompetence; i.e., the inability to comply with the minimum standard
of an employee’s position for a significant period of time.
(c) Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties
required of an employee within his/her position.
(d) Willful disobedience or insubordination, a willful failure to submit to or
comply with duly appointed and acting supervision or to conform to duly
established orders or directions of persons in a supervisory position or
insulting or demeaning a supervisor or manager.
(e) Dishonesty or theft.
(f) Possession, distribution, sale, use, or being under the influence of or
impaired from performance of duty because of alcohol or “controlled
substances” while on duty or while operating a City vehicle or impaired
from or potentially dangerous equipment leased or owned by the City.
(g) Excessive absenteeism.
(h) Inexcusable absence without leave.
(i) Abuse of sick leave, i.e., taking sick leave without a doctor’s certificate
when one is required, or misuse of sick leave.
(j) The conviction of either a misdemeanor or a felony related to the
position held, or commission of a crime of moral turpitude, may
constitute grounds for disciplinary action up to and including
termination. The record of conviction will be conclusive evidence of the
fact that the conviction occurred. The City Manager may inquire into
the circumstances surrounding the commission of the crime in order to
support the degree of discipline. A plea or verdict of guilty, or a
conviction showing a plea of nolo contendere, is deemed to be a
conviction within the meaning of this Section.
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(k) Discourteous treatment of the public or other employees.
(l) Improper or unauthorized use of agency property or funds. City
property includes, but is not limited to, physical property, tools,
equipment, City communications systems or Information Technology
systems, City vehicles or intellectual property.
(m) Refusal to subscribe to any oath or affirmation which is required by law
in connection with City employment.
(n) Any willful act or conduct undertaken in bad faith, either during or
outside of duty hours, which is of such a nature that it causes discredit
to the City or to, the employee’s department or division.
(o) Inattention to duty or negligence in the care and handling of City
property.
(p) Violation of the rules and regulations of any department.
(q) Mental or physical impairment which renders the employee unable to
perform the essential functions of the job, with or without reasonable
accommodation (if disabled), or without presenting a significant current
risk of substantial harm/threat to the health and/or safety of self or
others.
(r) Outside employment not specifically authorized.
(s) Acceptance from any source of a reward, gift, or other form of
remuneration beyond the employee’s regular compensation for the
performance of his or her job duties in violation of the policy stated in
Rule XXII, Section E.
(t) The refusal of any officer or employee of the City to testify under oath
before any Grand Jury having jurisdiction over any then pending cause
of inquiry into the conduct of City affairs.
(u) Willful violation of any of the provisions of an ordinance, resolution, rule,
regulation or policy prescribed by the City.
(v) Improper political activity as described in Rule III, Section 3.
(w) Working overtime without express prior authorization from an
authorized supervisor.
(x) Unauthorized use, possession, conveyance or storage of weapons,
firearms, or explosives on City property.
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(y) Making false or malicious statements concerning any employee, the
City, or the City’s policies or practices.
(z) Altering, falsifying, or tampering with time records, or recording time on
another employee’s time record.
(aa) Falsifying any City record.
(bb) Disclosure of confidential information to any unauthorized person or
entity.
(cc) Stealing, sabotage, willful damage, abuse or destruction of City
property, tools or equipment, or the property or equipment of a supplier,
customer or another employee, or failure to report any of the above,
including removal of City property or the property of others without
proper authorization.
(dd) The use of abusive or threatening language toward fellow employees,
supervisors, suppliers, customers, or citizens.
(ee) Fighting, coercing, interfering with, or threatening bodily injury to other
employees, supervisors, suppliers, customers, or citizens.
(ff) Unauthorized sleeping during assigned working hours.
(gg) Failure to observe City working hour schedule(s), starting time(s),
quitting time(s), rest and meal periods.
(hh) Sexual or discriminatory harassment.
(ii) Job abandonment (workdays absent from duty without supervisory
notification).
(jj) Violation of any law, statute or ordinance.
(kk) Inappropriate use of the intranet, internet, or e-mail in accordance with
the City’s Information Systems Usage Policy.
(ll) Inappropriate attire.
(mm) Taking City vehicles/equipment home for personal use.
(nn) A suspension, revocation, cancellation or disqualification of a driver’s
license when a driver’s license is required for the position.
(oo) Failure to report an industrial injury or vehicle accident while on City
time.
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Section 3. Procedures for Taking Disciplinary Action: A Department Director may place
an employee on administrative leave with pay pending a potential disciplinary
action with the City Manager’s approval: (1) when the Department Director
believes that the employee’s continued presence at the work site could have
detrimental consequences for City operations, or (2) pending investigation into
charges of misconduct. If the charges against the employee are substantiated
by the investigation, appropriate disciplinary action including and up to
termination may be taken in accordance with these procedures.
(a) Oral Warning: Following a formal discussion, a supervisor or manager
will summarize the oral warning, provide the summary to the employee
and place it in the employee’s department and official personnel file.
The employee may within fourteen (14) days of receipt of the oral
warning file a written response for placement in the personnel file.
(b) Written Reprimand: A written reprimand will be prepared, discussed
with and given to the employee. A copy will be given to the employee
and placed in the employee’s official personnel file. The employee may
within fourteen (14) days of receipt of the written reprimand file a written
response for placement in the personnel file.
(c) Suspension/Reduction in Pay/Demotion/Dismissal of Regular
Employees:
(1) Notice of Proposed Discipline: Whenever the appropriate
authority intends to suspend an employee, reduce the employee
in pay, demote the employee or dismiss the employee, the
appropriate authority will give the employee a written notice of
proposed discipline which sets forth the following:
a. The disciplinary action being proposed;
b. The specific charges upon which the action is based;
c. A summary of the facts upon which the charges are
based;
d. Identification of all rules, regulations, or policies allegedly
violated;
e. A copy of all documents upon which the discipline is
based;
f. Notice of the employee’s right to respond to the charges
either orally or in writing to the appropriate authority;
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g. The date, time and person before whom the employee
may respond; orally, or the due date for any written
response.
h. Notice that failure to respond at the time specified will
constitute a waiver of the right to respond prior to final
discipline being imposed;
i. The employee’s right to representation.
(2) Response by Employee: The employee will have the right to
respond to the appropriate authority orally or in writing within five
(5) working days. The employee will have a right to be
represented at any meeting set by the appropriate authority to
hear the employee’s response. The employee’s response will
be considered before final action is taken.
(3) Final Notice: After receipt and consideration of the employee’s
response or the expiration of the employee’s time to respond,
the appointing authority or designee will: (1) dismiss the
proposed discipline and take no disciplinary action against the
employee, (2) modify the recommended disciplinary action, or
(3) uphold the recommended disciplinary action. The appointing
authority shall therefore prepare and serve upon the employee
a Final Notice of Disciplinary Action. The Final Notice of
Disciplinary Action will include the following:
a. The disciplinary action taken, if any;
b. The effective date of the disciplinary action;
c. Specific charges upon which the action is based;
d. A summary of the facts upon which the charges are
based;
e. The written documents upon which the disciplinary action
is based;
f. A response to whatever presentation was submitted by
the employee;
g. The employee’s right to appeal.
Section 4. Appeal Rights: A regular employee will have the right to appeal a suspension,
reduction in pay, demotion, or dismissal.
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Section 5. Method of Appeal: Appeals shall be in writing, signed by the employee
(appellant), and filed with the City Manager within five (5) working days after
receipt of the Final Notice of Disciplinary Action. The appeal shall be a written
statement, addressed to the City Manager admitting or denying each of the
charges in the final notice and reasons why the final action should be reversed
or modified. The formality of a legal pleading is not required.
Section 6. Notice: Upon the filing of an appeal, the City Manager shall set a date for a
hearing. The City shall notify all interested parties of the date, time and place
of the hearing at such place as the City Manager shall prescribe.
Section 7. Subpoenas: Subpoenas for witnesses to appear or for documents shall be
issued only upon receipt by the City Manager of a written request thereof or,
setting forth the names and addresses of the witnesses desired to be
subpoenaed.
Section 8. Subpoenas - Issuance: Subpoenas for witnesses or documents shall be
issued only at direction of the City Manager.
Section 9. Hearings: The appellant shall appear personally, unless physically unable to
do so, before the City Manager, at the time and place of the hearing and may
be represented by any person(s) or attorney(s) he/she may select and may, at
the hearing, produce on his/her behalf, relevant oral and/or documentary
evidence.
At the commencement of any such Hearing, or at any time prior to the
commencement thereof, the City Manager may specify the order of procedure
for any such hearing. Except as otherwise directed, the order of procedure for
any such hearing shall be as follows:
(a) The Department Director or officer having appointing power shall be
designated the respondent for the purpose of the hearing. The
respondent shall present testimony or evidence in support of the
statement of charges against the employee. Such evidence may be
presented in the form of oral testimony, documents or demonstrative
evidence. The employee shall have the right of cross examination of
witnesses.
(b) The employee challenging the discipline shall be designated the
appellant for the purpose of a hearing. Upon completion of the
respondent’s initial presentations the appellant shall be accorded an
opportunity to present testimony documents or administrative evidence
in answer to the statement of charges against him/her. Respondent
shall have the right to cross-examine witnesses.
(c) The respondent and appellant may then offer rebuttal evidence only,
unless the City Manager permits additional evidence to be presented.
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(d) At the conclusion of the hearing, the City Manager may permit
arguments to be made.
(e) The conduct and decorum of the hearing shall be under the control of
the City Manager, with due regard to the rights and privileges of the
parties appearing. Hearings need not be conducted according to
technical rules relating to evidence and witnesses but hearings shall be
conducted in a manner most conducive to determination of the truth.
(f) Oral evidence shall be taken only upon oath or affirmation of the
witness.
(g) Any relevant evidence may be admitted if it is the type of evidence on
which responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or
statutory rules that might make improper the admission of such
evidence over objection in civil actions.
(h) The rules dealing with privileges shall be effective to the same extent
that they are now or hereafter may be recognized in civil actions.
(i) Irrelevant and unduly repetitious evidence may be excluded.
(j) During examination of a witness, all other witnesses, except the parties,
shall be excluded from the hearing upon motion of either party.
(k) In a disciplinary appeal the employer has the burden of proof by
preponderance of the evidence.
(l) Hearings and continuances thereof, shall be scheduled and granted to
accommodate a fair hearing, but shall not result in undue delay and
such scheduling shall remain within the reasonable discretion of the
City Manager.
(m) The City will provide either a court reporter or another means of
recording the hearing.
Section 10. Findings and Recommendations: The City Manager shall, within twenty (20)
days after the conclusion of the hearing, certify his/her findings and decision
in writing to the appellant and to the respondent. This shall be the final
administrative decision.
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RULE XIX
PERFORMANCE EVALUATIONS AND ANNUAL WORK PLANS
Section 1. General: Performance evaluation is the process of evaluating and recording
the performance of each employee. The performance evaluation is best used:
(a) To maintain a high level of efficiency or assist in raising efficiency by
commending the employee.
(b) To indicate to the employee those points in which he/she shows weak
performance, and suggest the proper means of raising his/her working
performance to the standard level.
(c) To inform the employee of good performance.
(d) To encourage better working relationships and mutual understanding
by letting the employee know where he/she stands with relation to
his/her supervisor’s evaluation of his/her work.
(e) To establish an annual work plan consisting of goals and tasks to be
accomplished.
Section 2. Responsibility for Evaluation: The Department Director or Division Manager,
together with other supervisors familiar with the employee’s work, is
responsible for proper preparation of the performance evaluation for each
employee in that department. The supervisor should carefully review the
complete class description, and the goals and objectives for the employee, if
any, before beginning each evaluation, to remind himself/herself of what
should be expected from the employee and their accomplishments during the
evaluation period., consider each item on the evaluation sheet separately in
the light of the column definition, and select the column which best describes
the work of the employee in each category.
Section 3. Discussion with Employee: The performance evaluation must be discussed
with the employee. During the interview, as well as on the form, special
attention should be given to discussing specific ways in which the employee
can improve his/her performance. An opportunity should also be afforded the
employee to comment and bring up any questions he or she may have.
Section 4. Schedule: Performance evaluations for probationary employees are to be
prepared at the end of the first five (5) months, and after the first eleven (11)
months, immediately prior to the completion of the one year probationary
period. After the probationary evaluation, an evaluation should be done on an
annual basis on the employee’s anniversary date. Performance evaluation for
employees who are already at the top of their salary range shall continue to
be prepared on the employee’s anniversary date. This will provide a
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continuing opportunity for the employee and supervisor to review their annual
work plan.
Section 5. Appeal Procedure: It is the intent of the City to offer fair and equitable appeals
procedures for employees’ performance evaluations. Below are the official
guidelines for appealing a performance evaluation that has an overall rating
below satisfactory.
(a) Employee and supervisor meet to review and discuss the employee’s
performance evaluation.
(b) The employee may respond in writing to the contents of the evaluation.
The employee must submit this response to the Department Director or
Division Manager within ten (10) working days immediately following
receipt of the evaluation.
(c) The employee may appeal the performance evaluation to the City
Manager. The City Manager shall review the appeal with the employee
and the Department Director or Division Manager. The decision shall
be rendered in writing within fifteen (15) working days by the City
Manager, and the decision of the City Manager shall be final.
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RULE XX
VEHICLE USE
Section 1. Use of Private Vehicles: Private automobiles are not to be used for the City
business except as authorized. The City Manager may authorize such use at
the reimbursement rate equal to that set forth by the Internal Revenue Service.
Payments shall be based upon the most direct route to and from the
destination and garage and parking expenses shall be paid in addition to the
current rate, upon submission of paid receipts.
Section 2. Auto Allowance: Executive and Management Employees and Members of the
City Council will receive a monthly car allowance. This stipend will be in lieu
of any mileage reimbursement. If additional garage and parking expenses are
incurred, they are reimbursable.
Employees receiving a monthly auto allowance are eligible for mileage
reimbursement in cases of exceptional travel. Exceptional travel is mileage
which is in excess of sixty (60) miles beyond the employees’ normal commute.
Section 3. Use of City Vehicles for Rest or Meal Breaks: The use of City vehicles shall
be limited to official City business and employees are prohibited from using a
City vehicle to travel to business establishments to conduct personal business
(e.g. bank, post office, etc.), activities (e.g. use of a private gym, etc.) or
errands (e.g. shopping, dry cleaner, etc.) or to travel to a private residence
during rest or meal breaks. Employees may utilize a City vehicle to patronize
restaurants and food establishments in the City while in transit or in close
proximity to the work site for the purpose of purchasing food and beverages
and for restroom facility use. Such use of a City vehicle shall constitute an
official rest and/or meal break with travel time included.
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RULE XXI
PROFESSIONAL DEVELOPMENT
Section 1. Training: The City Manager and employees of the City are eligible to request
specialized training in the form of a symposium, special course, forum, etc., at
the City's expense. All training is subject to approval based on available
funding.
Section 2. Tuition Reimbursement: Subject to Council fiscal year budget authorization,
each full-time and regular part-time (on a pro-rated basis) employee shall be
entitled to reimbursement in the amount of up to maximum of $1500 per fiscal
year for college/ level or university level educational or professional
development courses (including tuition and related books) which have been
approved by the City Manager or designee as being job-related and of value
to the City. Reimbursement under this Section is contingent upon verification
of attainment of a letter grade of “C” or better, or in those cases where no letter
grade is given, verification of completion of the course with a “Pass” or “Credit”
grade and submittal of a receipt for registration bearing the name of the course
for which reimbursement is requested. In the case of reimbursement for books
for any approved course, a syllabus, course reading list or course outline
showing the book as being required for the course, plus a receipt bearing the
title of the book, must be submitted.
Section 3. Computer Loan Program: Regular Full-time and part-time employees can
receive interest-free loans between $250 and $2,500 for the purpose of
financing a personal computer, a printer, and/or City-compatible software so
employees can gain experience by working with a personal computer away
from the office and outside of regular business hours.
An employee may purchase a more expensive system, but he/she must pay
the balance over $2,500. The loan covers 90% of the total price of the
equipment/software being purchased. The employee pays the remaining 10%
of the purchase price at the time of purchase. Loans are made on a first-come,
first-served basis based on available funds. Once the money for the employee
loans has been obligated, the fund will be replenished through payroll
deductions from outstanding loans. New loans will then be made as funds
become available. Loans will be for a maximum term of 24 months and will be
repaid through payroll deductions on a biweekly basis.
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RULE XXII
EMPLOYEE STANDARDS OF CONDUCT
Section 1. Code of Ethics:
(a) Each City officer, official, and employee has an obligation to the
citizens, to the people’s elected representatives, and to fellow
employees to meet the highest ethical and professional standards and
to enhance the public’s respect and trust for the City government and
its operations.
(b) Employees of the City have responsibilities unique from their
counterparts in the private industry. Employment with the City carries
an obligation of personal integrity and conduct that serves to establish
public respect, confidence, and trust.
(c) Each employee represents the City and the quality of City service is
judged through job performance and conduct. The citizens of Diamond
Bar have the right to expect that City employees will provide services
in an efficient, thorough, and courteous manner.
(d) The City, as a condition of employment, expects to receive from the
employee:
(1) Initiative and a conscientious effort to perform productive work.
(2) Cooperative, positive, responsive, and courteous relations with
fellow employees, supervisors, subordinates, and the public.
(3) A continuous effort to strive for greater knowledge and skill on
the job in order to maintain performance at a high level.
(4) Compliance with all policies, regulations, rules of conduct, and
ordinances established by the City.
(5) Public loyalty to and support of the official policies of the City.
(6) Responsible work habits demonstrated by:
a. Dependability, promptness, reliable attendance, and
performing required duties competently,
b. Keeping informed of developments and matters affecting
job performance,
c. Being flexible and adaptable to change,
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d. Accepting constructive suggestions and criticism.
(7) Neat and clean grooming and attire appropriate to the job
assignment. Prescribed uniforms and safety equipment must be
worn where required.
(e) No employee will accept a fee, compensation, gift, payment of
expenses or any other thing of monetary value, outside of a City salary
and benefits, in exchange for the performance of the employee's work
duties or in any circumstances in which acceptance may result in or
create the appearance of any one or more of the following:
(1) Use of public office and/or employment for personal or private
gain.
(2) Preferential treatment of any person.
(3) Loss of complete independence or impartiality.
(4) Making a City decision outside of official channels.
(5) Reduction of public confidence in the integrity of City
government and/or its employees.
(6) Impeding government efficiency or economy.
Section 2. Harassment Policy:
(a) Purpose: The City is committed to providing a work environment free
of discriminatory harassment. The purpose of this policy is to define
discriminatory harassment including sexual harassment, to prohibit the
condoning or perpetuating of such conduct and to provide an efficient
means for reporting and resolving complaints of harassment by or
against any employee or applicant or from a person providing services
pursuant to a contract. This policy also applies to elected and
appointed officials.
(b) General Policy: The City’s policy strictly prohibits discriminatory
harassment on the basis of any protected category listed in Rule III,
Section 1. The City considers discriminatory harassment a serious
offense and is firmly committed to the philosophy that every employee
has the right to work in an environment free from discriminatory
intimidation, ridicule and insult and to be treated with courtesy, dignity
and respect. Every employee is expected to adhere to a standard of
conduct that is respectful to all persons within the work environment.
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This Policy applies to all terms and conditions of employment, including
but not limited to hiring, placement, promotion, disciplinary action,
layoff, recall, transfer, leave of absence, training opportunities and
compensation. Employees who violate this Policy may be subject to
disciplinary action up to and including termination.
The sexual harasser may be found personally liable to the victim of the
harassment. Sexual harassment is outside the course and scope of
employment, meaning that an employee found liable for sexual
harassment is not entitled to a defense or indemnity from the City in
any action brought by the victim.
(c) Prohibited Conduct: The City’s policy prohibits the following types of
conduct:
(1) Harassment: Harassment is any type of verbal or physical
conduct based on an employee’s membership in a protected
category as defined in Rule III, Section 1 that affects an
employee’s work performance negatively and/or alter the
conditions of employment and create an intimidating, hostile or
otherwise offensive working environment. It need not be explicit,
or even specifically directed at the victim. Sexually harassing
conduct can occur between people of the same or different
genders.
(2) Sexual Harassment: Sexual harassment is defined as follows:
any action that constitutes an unwelcome sexual advance or
request for sexual favors, or any verbal, visual or physical
conduct of a sexual nature that is (i) related to or a condition to
the receipt of employee benefits, including, but not limited to,
hiring and advancement, (ii) related to or forms the basis for
employment decisions affecting the employee, (iii) affects an
employee’s work performance negatively and/or alter the
conditions of employment and create an intimidating, hostile or
otherwise offensive working environment.
Romantic or sexual relationships between supervisors and
subordinate employees are discouraged. There is an inherent
imbalance of power and potential for exploitation in such
relationships. The relationship may create an appearance of
impropriety and lead to charges of favoritism by other
employees. A welcome sexual relationship may change, with
the result that sexual conduct that was once welcome becomes
unwelcome and harassing.
Examples of the type of conduct that can constitute unlawful harassment or
sexual harassment include, but are not limited to, the following:
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Verbal: Inappropriate or offensive remarks, slurs, jokes or innuendoes
based on protected categories as defined in Rule III, Section 1. This
may include, but is not limited to, inappropriate comments regarding an
individual’s body, physical appearance, attire, sexual prowess, marital
status, pregnancy or sexual orientation; unwelcome flirting or
propositions; demands for sexual favors; verbal abuse, threats or
intimidation of a sexual nature; or sexist, patronizing or ridiculing
statements that convey derogatory attitudes about a particular gender.
Physical: Inappropriate or offensive touching, assault, or physical
interference with free movement when directed at an individual on the
basis of actual or perceived protected categories as defined in Rule III,
Section 1. This may include, but is not limited to, kissing, patting,
lingering or intimate touches, grabbing, massaging, pinching, leering,
staring, unnecessarily brushing against or blocking another person,
whistling or sexual gestures.
Visual or Written: The display or circulation of offensive or derogatory
visual or written material related to protected categories as defined in
Rule III, Section 1. This may include, but is not limited to, posters,
cartoons, drawings, graffiti, reading materials, computer graphics or
electronic media transmissions.
Environmental: A work environment that is permeated with sexually-
oriented talk, innuendo, insults or abuse not relevant to the subject
matter of the job. A hostile environment can arise from an unwarranted
focus on sexual topics or sexually suggestive statements. An
environment may be hostile if unwelcome sexual behavior is directed
specifically at an individual or if the individual merely witnesses unlawful
harassment in his or her immediate surroundings. The determination
of whether an environment is hostile is based on the totality of the
circumstances, including such factors as the frequency of the conduct,
the severity of the conduct, whether the conduct is humiliating or
physically threatening, and whether the conduct unreasonably
interferes with an individual’s work.
(d) Provisions:
(1) Prohibited Supervisory or Managerial Behavior: No supervisor,
manager, or other authority figure shall condition any
employment, employee benefit, or continued employment with
the City on an applicant’s or employee’s acquiescence to any of
the behavior described in Section 3 above.
No supervisor, manager, or other authority figure shall retaliate
against any applicant, or employee, because that person has
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opposed a practice prohibited by this policy or has filed a
complaint, testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing.
(2) Behavior Prohibited by all Persons: No person in City Hall or
any other City workplace shall create a hostile or offensive work
environment for any other person by engaging in any
discriminatory harassment or by tolerating it on the part of any
employee.
No person in City Hall or any other City workplace shall assist
any individual in doing any act that constitutes discriminatory
harassment against any City employee.
No person in City Hall or any other City workplace may retaliate
against any employee because that person has opposed a
practice prohibited by this policy or has filed a complaint,
testified, assisted or participated in any manner in an
investigation proceeding or hearing conducted by an authorized
investigator.
No person shall destroy evidence relevant to an investigation of
harassment discrimination.
(3) Obligations of Supervisors/Managers: Any supervisory staff
members receiving a complaint of harassment, whether formal
or informal or whether oral or written, or observing or otherwise
being made aware of an incident of harassment, must inform the
Human Resources Manager, Assistant City Manager, or the City
Manager of such complaint or incident. In accordance with
California law, all supervisory or management employees will
receive sexual harassment training every two years.
A copy of this policy shall be provided to all City employees.
The Human Resources office shall make available upon request
information from the Department of Fair Employment and
Housing and the Equal Employment Opportunity Commission
about filing claims of sexual harassment with these entities.
(4) Obligations of All Employees: On an annual basis all employees
will be required to review the harassment policy and sign a form
which acknowledges that they have read and understand the
City’s harassment policy and complaint procedure.
All employees should report any conduct, which fits the definition
of discriminatory harassment, to their immediate supervisor or
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appropriate authority figure. This includes conduct of non-
employees, such as sales representatives or service vendors or
harassing conduct toward such contractors.
All persons should report to their supervisor, manager or the
Human Resources Manager any instances of discriminatory
harassment that they have directly observed, whether or not
reported by the employee who is the object of the harassment.
All employees shall cooperate with any investigation of any
alleged act of discriminatory harassment conducted by the City
or its agents.
(5) Investigative Action: The City Manager’s designee shall
authorize the investigation or conduct the investigation of any
incident of alleged discriminatory harassment reported to them.
The investigation shall be conducted in a way that ensures, to
the extent feasible, the privacy of the parties involved.
The person designated to investigate shall immediately report in
writing the findings of fact to the City Manager’s Designee. The
designee will determine whether the Policy has been violated
and communicate the conclusion to the complainant.
Disciplinary action shall be decided in accordance with these
Rules and after consultation with the City Manager’s designee.
Under no circumstances shall an employee of the City who
believes that he or she has been the victim of discriminatory
harassment be required to first report that harassment to a
supervisor or other authority figure if that person or authority
figure is the individual who has done the harassing.
Under no circumstances shall a supervisor, manager, or other
authority figure retaliate in any way against an employee who
has made a complaint or who has provided information as a
witness to an incident of alleged harassment.
All supervisors and managers are required to maintain
confidentiality to the extent possible in communicating or
investigating any claims of alleged harassment.
(e) Complaint Form: The more time that passes after an incident of
harassment, the more difficult it is to investigate. Complaints should be
made as soon as possible. The initial report may be oral or written, but
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a written and signed statement will better assist in the investigation
process.
Your notification to the City is essential. The City cannot respond to a
harassment problem if the problem is not brought to our attention. You
may be assured that you will not be penalized in any way for reporting
discriminatory harassment or other harassment problems.
Complaint forms are available in Human Resources or a written
statement can be submitted but must include the following information:
(1) The employee's name, department and position title.
(2) The name of the person or persons committing the harassment,
including their title(s) if known.
(3) The specific nature of the harassment, how long it has gone on,
and any employment action (demotion, failure to promote,
dismissal, refusal to hire, transfer, etc.) taken against the victim
as a result of the harassment (if applicable), or any other threats
made against the victim as a result of the harassment.
(4) Witnesses to the harassment.
(5) Whether the victim previously has reported such harassment
and, if so, when and to whom.
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CITY OF DIAMOND BAR
Harassment Complaint Form
All complaints will be investigated in accordance with procedures detailed in the Harassment
Policy. The City respects the employees/individuals right of confidentiality however, disclosures
may be done on a need to know basis.
NAME: __________________________________________________
TITLE: __________________________________________________
DEPARTMENT: ___________________________________________
TODAY’S DATE: __________________________________________
DATE OF OCCURRENCE(S): ________________________________
Please identify the individual who is doing the harassing/discriminating. Include name(s) and job
title(s):
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Please detail the behavior which you are reporting - including all individuals involved, location, time,
and any witnesses. If there are multiple occurrences, detail each. Describe the incident, the
participants, the background to the incident and any attempts you have made to solve the problem.
Be specific, i.e. detail actions, not attitudes or opinions – “he/she put their right hand on my left
shoulder; not “he/she makes me feel uncomfortable”:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Please identify others who are aware of this behavior and how they are aware:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
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City of Diamond Bar
Harassment Complaint Form
Page 2
Please identify and provide any written documents relevant to this complaint, i.e. diaries, journals,
letters, emails, etc.:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Are you aware of others who have similar complaints?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Is there a suggestion for resolution for this matter and/or a desired outcome?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Was this harassment previously reported? ______yes ______no
If checked “yes” above, state when and to whom:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Thank you for providing as detailed information as you are able. Please attach copies of relevant
documentation. You may use additional paper if necessary. You will be informed in writing of the
results of the investigation.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct.
_____________________________________________ ________________
Signature of Complainant Date
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Section 3. Workplace Substance Abuse Prevention Policy:
(a) Purpose: The purpose of this policy is to provide guidelines for all
employees to deal effectively with substance abuse and its effects in
the workplace. Employees are expected to be in suitable mental and
physical condition, perform their jobs satisfactorily, and behave
appropriately. Should the use of alcohol or drugs interfere with these
expectations, employees may be offered rehabilitative assistance.
Failure to meet these expectations could result in disciplinary action.
(b) Policy: It is the City’s policy that employees shall not be under the
influence of or in unlawful possession of alcohol, marijuana or other
illegal drugs or controlled substances while on City property, at work
locations, or while on duty either on City property or elsewhere; shall
not utilize such substances when they are assigned to be on call for
duty; shall not possess, provide or sell legal or illegal drugs to any other
employee or to any person while on duty; nor have their ability to work
impaired as a result of the use of alcohol, marijuana or illegal drugs.
While use of medically prescribed medications and drugs is not per se
a violation of this policy, the employee must notify his/her supervisor,
before beginning work, when taking medication or drugs (including the
possible effects of taking such medication or drugs) which the
employee believes may interfere with the safe and effective
performance of duties or operation of equipment. In the event there are
questions regarding an employee’s ability to safely and effectively
perform assigned duties while using such medication or drugs,
clearance from their physician may be required.
City employees are prohibited from drinking alcoholic beverages during
working hours (including lunch hours and breaks), while on City
premises at any time, while driving a City vehicle during regular working
hours, while on official City business. The consumption of alcohol by
City employees may be allowed only at designated City facilities during
certain special City functions and with prior authorization by the City
Manager.
In order to promote a safe, productive and efficient workplace, the City
has the right to search and inspect all City property, including but not
limited to lockers, storage areas, furniture, City vehicles, and other
places under the common control of the City. No employee has any
expectation of privacy in any City building, property, or vehicle or in
using any City communications systems.
Employees with drug or alcohol problems are encouraged to seek
assistance. Seeking assistance for such a problem before a positive
drug and alcohol test will not jeopardize an employee’s job.
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(c) Employee Responsibilities: An employee must:
(1) Not report to work while impaired, or under the influence of drugs
or alcohol or controlled substance;
NOTE: "Under the influence of drugs or alcohol" means: the use of any
alcoholic beverage or any illegal drug or substance, or the
misuse of any prescribed drug, in a manner and to a degree that
impairs the employee's work performance or ability to use City
property or equipment safely.
(2) Notify his/her supervisor, before beginning work, when taking
any medications or drugs, prescription or nonprescription, which
may interfere with the safe and effective performance of duties
or operation of City equipment.
(3) Not possess or use alcohol or impairing drugs (illegal drugs and
prescription drugs without a prescription) during working hours,
rest periods, or at any time while on City property;
(4) Not directly or through a third party sell or provide drugs or
alcohol to any person, including any employee, while either
employee or both employees are on duty;
(5) Immediately complete and sign a consent form (see drug testing
prerequisite) and submit to an alcohol and drug test when
requested to do so by the employee's supervisor or manager.
(6) Provide within 24 hours of request bona fide verification of a
current valid prescription for any potentially impairing drug or
medication identified when a drug screen/test is positive. The
prescription must be in the employee's name.
(7) Report any conviction under a criminal drug statute to the City
Manager within five (5) days of such conviction.
(d) Procedure: When an employee’s supervisor and a second employee or
supervisor observe an employee’s actions that lead them to reasonable
individualized suspicion to believe that an employee may be under the
influence of alcohol or drugs, and/or is exhibiting signs of impairment,
that employee may be directed to a City designated medical evaluation.
This medical evaluation will be conducted in order to determine if in fact
that employee has evidence of alcohol and/or drugs in his/her system.
“Reasonable individualized suspicion” is based on objective factors,
such as behavior, speech, body odor, appearance, or other evidence
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of recent drug or alcohol use which would lead a reasonable person to
believe that the employee is under the influence of drugs or alcohol at
work. In order to receive authority to test, the supervisor must record
the factors that support reasonable suspicion and discuss the matter
with the Human Resources Manager and Department Director. If there
is a reasonable suspicion of drug or alcohol abuse at work, the
employee will be relieved from duty and placed on sick leave until the
test results are received. Reasonable suspicion may be justified by
among other things, one or a combination of any of the following
indicators:
Bloodshot or watery eyes
Slurred speech
Alcohol on breath
Physical and/or verbal altercation
Inability to walk a straight line
An accident involving City property or vehicle
Possession of drugs or alcohol
Frequent absenteeism
Confusion/difficulty in concentration
Noticeable change in behavior
Drowsiness/Lethargy
If reasonable individualized suspicion pertaining to the use of drugs
and/or alcohol by an employee is determined during normal working
hours, the following steps shall be followed to facilitate the medical
evaluation process:
Step 1: The supervisor shall contact the Human Resources Office at
the earliest available opportunity to discuss the event(s) which
led to a belief that an employee acted intoxicated or impaired
under the influence of drugs. At that time, it will be determined
whether or not sufficient facts exist to indicate that drug or
alcohol testing may be appropriate. If the evidence exists for an
immediate test, an appointment with a medical facility shall be
made to conduct the test. The supervisor shall inform his/her
Department Director of this situation. Refusal by an employee
to submit immediately to an alcohol and/or drug analysis when
directed to do so may constitute insubordination and may be
grounds for discipline up to and including termination. The
actual type of testing including possible urine or blood screens,
will be determined by the Medical Review Officer (MRO.)
Step 2: The supervisor, or his/her designee, shall personally drive the
employee to the medical facility and wait for the test to be
completed.
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Step 3: The employee will then be transported home or, in appropriate
situations, to a hospital as deemed necessary by the MRO. The
employee will continue receiving pay during this time and
disciplinary action will not be administered unless the test results
are positive and confirmed. Information obtained through this
testing will be treated with strict confidentiality.
Step 4: If the employee is found to have alcohol or drugs in his/her
system, the supervisor shall meet with the employee to give the
employee an opportunity to explain. The supervisor shall
encourage the employee to seek professional assistance in
dealing with any drug or alcohol problem. The employee’s
medical group may provide the needed drug/alcohol counseling.
Also, the City can provide a referral for an employee who is
seeking professional assistance in the matter.
The City may require alcohol or drug screening following any
work-related accident or any violation of safety precautions or
standards, regardless of whether an injury resulted from the
accident or violation, provided that the “reasonable suspicion”
factors described above are present. Should an incident arise
after normal work hours (i.e., overtime, official City business,
etc.), the above procedures should be followed with the
exception of contacting the Human Resources Office.
The City’s Substance Abuse Prevention Policy is not intended to
be, and shall not be, used as a tool for harassing any employee
or group of employees. When employees are required to submit
to testing for suspected substance abuse, it shall be only for
reasons set forth in this policy.
(e) Documentation: Records pertaining to job performance, attendance,
and behavior shall be maintained in the employee’s personnel file.
Records related to a drug or alcohol test or any medical diagnosis will
be kept in a separate medical file.
(f) Disciplinary Action: The City views the use, possession, transfer, or
sale of alcohol or drugs or controlled substance to be in violation of this
policy and may subject the employee to disciplinary action up to
termination in accordance with these Rules.
If an employee tests positive for alcohol and/or drugs, disciplinary
action including and up to termination may result.
(g) Follow Up: Should the results of an employee alcohol/drug test be
positive, the following steps shall occur:
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(1) The Department Director will have a discussion with Human
Resources to determine the type of disciplinary action, if any,
which would be most suitable or to evaluate an alternative to
discipline.
Should the results of the alcohol/drug testing be negative:
(1) The employee is free to return to the workplace and assume
his/her regular job duties.
(2) No further action will be taken.
Section 74. Policy Against Retaliation:
(a) Policy: It is the policy of the City to prohibit the taking of any adverse
employment action against those who in good faith report, oppose, or
participate (as witnesses or accused) in investigations into complaints
of alleged violations of City policy or state or Federal law in retaliation
for that reporting, opposition, or participation. Disciplinary action, up to
and including termination, will be taken against an employee or officer
who is found to have violated this policy. Any elected official or
contractor who violates this policy will be subject to appropriate
sanctions.
(b) Policy Coverage: This policy prohibits City officials, officers,
employees, or contractors from retaliating against applicants, officers,
officials, employees, or contractors because of any of the protected
activity as defined herein.
(c) Definitions:
(1) “Protected activity” includes any of the following:
• Filing a complaint with a federal or state
enforcement or administrative agency.
• Participating in or cooperating with a federal or
state enforcement agency that is conducting an
investigation of the City regarding alleged unlawful
activity.
• Testifying as a party, witness, or accused
regarding alleged unlawful activity.
• Associating with another employee who is
engaged in any of the protected activities
enumerated here.
• Making or filing an internal complaint with the City
regarding alleged unlawful activity.
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• Providing informal notice to the City regarding
alleged unlawful activity.
(2) “Adverse action” includes any of the following:
• Real or implied threats of intimidation to attempt or
prevent an individual from reporting alleged
wrongdoing or because of protected activity.
• Refusing to hire an individual because of protected
activity.
• Denying promotion to an individual because of
protected activity.
• Taking any form of disciplinary action because of
protected activity.
• Issuing a poor evaluation because of protected
activity.
• Extending a probationary period because of
protected activity.
• Altering work schedules or work assignments
because of protected activity.
(d) Complaint Procedure: An applicant, employee, officer, official, or
contractor who feels he or she has been retaliated against in violation
of this Policy should immediately report the conduct according to the
City’s Harassment Complaint procedure so that the complaint can be
resolved fairly and quickly.
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Agenda #: 3.4
Meeting Date: April 21, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AUTHORIZATION TO SUBMIT A LIST OF PROJECTS TO BE
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
OF 2017 FOR FY 2020/21.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Adopt Resolution No. 2020-10 authorizing the submittal of a project list of road projects
funded by SB-1 Road Repair and Accountability Act of 2017 for FY 2020/21.
FINANCIAL IMPACT:
Sufficient funds will be included in the FY 2020/21 budget in the amount of $2,076,811
for the Road Repair and Accountability Act of 2017 funded capital improvement
projects.
BACKGROUND:
On April 28, 2017 the Governor signed Senate Bill (SB) 1 which is known as the Road
Repair and Accountability Act (RMRA) of 2017. In order to address basic road
maintenance, rehabilitation and critical safety needs on both the state highway and local
streets and road system, SB 1 increases per gallon fuel excise taxes; increases diesel
fuel sales taxes and vehicle registrations fees.
SB 1 emphasizes the importance of accountability and transparency in the delivery of
California’s transportation programs. Therefore, in order to be eligible for RMRA
funding, statute requires cities and counties to provide annual RMRA project reporting
to the California Transportation Commission (CTC).
Prior to receiving an apportionment of RMRA funds from the Controller in a fiscal year, a
City must submit to the CTC a list of projects proposed to be funded with these funds.
All projects proposed to receive funding must be included in the budget and adopted by
resolution by the City Council in a public meeting.
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Once the CTC receives the project list from the City, it will report to the Controller that
the list of projects has been submitted and are therefore eligible to receive an
apportionment of RMRA funds for the applicable fiscal year. Attached to this report is
the required resolution and project list that will be submitted to the CTC by May 1, 2020
(Attachment 1).
DISCUSSION:
The DRAFT FY 2020/21 CIP Budget anticipates allocating 2,076,811 in RMRA funds for
the following capital improvement projects:
Carryover funding From FY 2020/21 - $1,476,811
1. $600,000 allocated for the Arterial Street Rehabilitation (Diamond Bar
Boulevard from Pathfinder Rd. to Mountain Laurel Way)
2. $876,811 allocated for Grand Avenue/Golden Springs Drive Intersection
Enhancement
New funding in FY 2020/21 - $600,000
1. An additional $600,000 to be allocated for the Arterial Street Rehabilitation
(Diamond Bar Boulevard from Pathfinder Rd. to Mountain Laurel Way)
A City receiving an apportionment of RMRA funds is required to sustain a Maintenance
of Effort (MOE) by spending at least the annual average of its general fund expenditures
during the 2009-10, 2010-11 and 2011-12 fiscal years for street, road and highway
purposes from the City’s general fund. This amount for the City of Diamond Bar has
been determined to be $467,701. This MOE will be met each fiscal year.
PREPARED BY:
REVIEWED BY:
Attachments:
3.4
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1. 3.4.a Resolution No. 2020-10
2. 3.4.b Exhibit A - SB1 Project List
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RESOLUTION NO. 2020-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AUTHORIZING THE SUBMITTAL OF A PROJECT LIST OF ROAD
PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017 FOR FY 2020/21
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
was passed by the Legislature and signed into law by the Governor in April 2017 in
order to address the significant multi-modal transportation funding shortfalls statewide;
and
WHEREAS, SB 1 emphasizes the importance of accountability and transparency
in the delivery of California’s transportation programs; and
WHEREAS, the City of Diamond Bar must submit a project list on an annual
basis to the California Transportation Commission in order to be eligible for Road
Maintenance and Rehabilitation Account (RMRA) funding; and
WHEREAS, SB 1 requires the City to include the project list in its budget and
adopt the list by resolution of the City Council in a public meeting; and
WHEREAS, the City of Diamond Bar will receive an estimated $868,720 in Road
Maintenance and Rehabilitation Account (RMRA) funding in Fiscal Year 2020-21; and
WHEREAS, the City of Diamond Bar will carry over an estimated $1,476,811of
RMRA funding from Fiscal Year 2019-20 to FY 2020-21 with a new appropriation in the
amount of $600,000 for a total of $2,076,811 for FY 2020 -21.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Diamond Bar adopts the
attached project list of road projects funded by RMRA funds (Exhibit A).
PASSED, APPROVED AND ADOPTED this 21st day of April, 2020.
____________________________
Steve Tye, Mayor
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Resolution No. 2020-10
2
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the 21st day of April, 2020, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
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Attachment ASTATE OF CALIFORNIA • CALIFORNIA TRANSPORTATION COMMISSIONSenate Bill (SB) 1 Proposed Project List Form* Required Type (Select from dropdown list)Explanation (if "Other" is selected, please explain)?Pre-Construction (mm/yyyy)Construction (mm/yyyy)Min. Max.Sustainability?Technologies?Climate Change?Complete Streets Elements?Description of ElementsPP01 5455Grand Ave/Golden Springs Drive Intersection Enhancement22818 Other Pedestrian enhancements along sidewalk, parkway and crosswalksAs a result of the widening of the Grand/Golden Springs Drive intersection being performed as part of the 57/60 Confluence Project (Phase IIA), pedestrian hardscape and landscape enhancements associated with crosswalks, sidewalks and parkways are being implemented. This project consists of 0.2 Centerline Miles along Golden Springs and 0.25 Centerline Miles along Grand Ave.Intersection of Grand Ave. and Golden Springs Drive07/2019 12/2020 10 20 29 55YesPedestrian safety projectPP02 5455PP03 5455Arterial Street Rehab (Diamond Bar Blvd from Pathfinder Road to Mountain Laurel Way)Rehabilitation of asphalt pavementAs part of the City's ongoing pavement rehabilitation program, the entire width of the major arterial roadway, Diamond Bar Blvd., will be rehabilitated. This project consists of 1.09 Centerline Miles.Diamond Bar Blvd. between Pathfinder Road and Mountain Laurel Way07/2020 08/2020 10 20 29 55PP04 5455PP05 5455PP06 5455PP07 5455PP08 5455PP09 5455PP10 5455PP11 5455PP12 5455PP13 5455PP14 5455PP15 5455PP16 5455PP17 5455PP18 5455PP19 5455PP20 5455PP21 5455PP22 5455PP23 5455PP24 5455PP25 5455PP26 5455PP27 5455PP28 5455PP29 5455PP30 5455PP31 5455PP32 5455PP33 5455PP34 5455PP35 5455PP36 5455PP37 5455PP38 5455PP39 5455PP40 5455PP41 5455PP42 5455PP43 5455PP44 5455PP45 5455Part 2: Project InformationLocal Streets and Roads ProgramProposed Project (PP#)LoCode* Project Title Project ID(if any)Project Type?* Project Description?* Project Location ?* Estimated Completion Date* Estimated Useful Life(# of Yr)Legislative District(s)Additional Project Elements (Does the project include element(s) as described in SHC 2030 (c)-(f)? (Select Y/N from dropdown list)?State SenateState Assembly 1 of 23.4.bPacket Pg. 143
Attachment ASTATE OF CALIFORNIA • CALIFORNIA TRANSPORTATION COMMISSIONSenate Bill (SB) 1 Proposed Project List Form* Required Type (Select from dropdown list)Explanation (if "Other" is selected, please explain)?Pre-Construction (mm/yyyy)Construction (mm/yyyy)Min. Max.Sustainability?Technologies?Climate Change?Complete Streets Elements?Description of ElementsPart 2: Project InformationLocal Streets and Roads ProgramProposed Project (PP#)LoCode* Project Title Project ID(if any)Project Type?* Project Description?* Project Location ?* Estimated Completion Date* Estimated Useful Life(# of Yr)Legislative District(s)Additional Project Elements (Does the project include element(s) as described in SHC 2030 (c)-(f)? (Select Y/N from dropdown list)?State SenateState Assembly PP46 5455PP47 5455PP48 5455PP49 5455PP50 54552 of 23.4.bPacket Pg. 144