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04/14/2015AGENDA & STAFF REPORTS FOR THE REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY & THE GRAND TERRACE HOUSING AUTHORITY Tuesday, April 14, 2015 6 00 p.m. Regular Meeting COUNCIL CHAMBERS GRAND TERRACE CIVIC CENTER - 22795 BARTON ROAD GRAND TERRACE, CA 92313 1 J 1 1 1 f Darcy McNaboe, Mayor Sylvia Robles, Mayor Pro Tern Jackie Mitchell, Council Member Doug Wilson, Council Member Bill Hussey, Council Member Carol Jacobs, Interim City Manager Richard L Adams, City Attorney Pat Jacquez-Nares, City Clerk Cynthia A Fortune, Finance Director Sandra Molina, Community Development Director t The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6 00 p m Council Chambers A CITY OF GRAND TERRACE CITY COUNCIL AGENDA • APRIL 14, 2015 Special Meeting Grand Terrace Civic Center • 22795 Barton Road 4 30 PM The City of Grand Terrace complies with the Americans with Disabilities Act of 1990 If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk Speakers will be called upon by the Mayor at the appropriate time Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours In addition, such documents will be posted on the City's website at www grandterrace-ca gov <http 11www grandterrace-ca gov> CALL TO ORDER Convene City Council ROLL CALL Attendee Name I Present ' Absent Late Arrived Mayor Darcy McNaboe ❑ ❑ ❑ Mayor Pro Tern Sylvia Robles ❑ ❑ ❑ Council Member Jackie Mitchell ❑ ❑ ❑ Council Member Doug Wilson ❑ ❑ ❑ Council Member Bill Hussey ❑ ❑ ❑ PUBLIC COMMENT This is the opportunity for members of the public to comment on items on the agenda only At a special meeting of the City Council, pursuant to California law, the City Council will only be taking public comment on items listed on the agenda This is the opportunity for members of the public to comment on any items not appearing on the regular agenda Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting City of Grand Terrace Page 1 A R0 Council Chambers CITY OF GRAND TERRACE CITY COUNCIL AGENDA • APRIL 14, 2015 Regular Meeting Grand Terrace Civic Center • 22795 Barton Road 600PM The City of Grand Terrace complies with the Americans with Disabilities Act of 1990 If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk Speakers will be called upon by the Mayor at the appropriate time Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours In addition, such documents will be posted on the City's website at www arandterrace-ca qov <http //www grandterrace-ca aov> CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Invocation Pledge of Allegiance ROLL CALL Attendee Namev, 'Present Absent Late Arrived Mayor Darcy McNaboe ❑ ❑ ❑ Mayor Pro Tern Sylvia Robles ❑ ❑ ❑ Council Member Jackie Mitchell ❑ ❑ ❑ Council Member Doug Wilson ❑ ❑ ❑ Council Member Bill Hussey ❑ ❑ ❑ SPECIAL PRESENTATIONS Presentation of a Proclamation for DMV Donate for Life Month (April) Presentation of a Proclamation for Child Abuse Prevention Month (April) Presentation of a Proclamation for Blue Ribbon Week May 11-15 City of Grand Terrace Page 1 Agenda Grand Terrace City Council Apnl 14, 2015 a Council Member Jackie Mitchell Mayor Pro Tern Sylvia Robles Mayor Darcy McNaboe E PUBLIC HEARINGS - NONE F UNFINISHED BUSINESS - NONE G NEW BUSINESS 5 Approval of an Agreement for Animal Control and Shelter Services with City of San Bernardino RECOMMENDATION Approve an Agreement between the City of Grand Terrace and the City of San Bernardino for animal control and shelter services in the amount of $ 149,535 per year with the option to extend the contract for two additional one (1) year terms, and to include a CPI increase on July 1 st of each contract year DEPARTMENT COMMUNITY DEVELOPMENT 6 Delegating Authority to the City Manager to Set the City Hall Holiday Closure Schedule RECOMMENDATION Staff is recommending that Council approve Resolution 2015-XX delegating authority to the City Manager to set the City Hall closure schedule over the Christmas/New Year's holiday DEPARTMENT CITY MANAGER 7 Amendment to the Personnel Rules and Establishment of the Statement of Benefits RECOMMENDATION 1 ADOPT RESOLUTION NO 2015-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING PERSONNEL RULES, REGULATIONS AND POLICIES AND RESCINDING RESOLUTION NO 2014-070, and 2 ADOPT RESOLUTION 2015-XX OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING A STATEMENT OF BENEFITS DEPARTMENT CITY MANAGER City of Grand Terrace Page 3 o CITY OF GRAND TERRACE A aA CITY COUNCIL F MINUTES • MARCH 24, 2015 Council Chambers Regular Meeting 6 00 PM Grand Terrace Civic Center • 22795 Barton Road CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Mayor McNaboe called the meeting to order at 6 00 p m Invocation was provided by Fr Erik Esparza of the Roman Catholic Diocese of San Bernardino Pledge of Allegiance was led by Council Member Mitchell ROLL CALL Attendee Name Title Status Arrived Darcy McNaboe Mayor Present Sylvia Robles Mayor Pro Tern Present Jackie Mitchell Council Member Present Doug Wilson Council Member Present Bill Hussey Council Member Present Carol Jacobs Interim City Manager Present Pat Jacquez-Nares City Clerk Present Robert Khuu Deputy City Attorney Present Sandra Molina Community Development Director Present Linda Phillips Director of Child Care Services Present Cynthia Fortune Finance Director Present Steve Lassiter Battalion Chief Present Robert O'Bnne Lieutenant Present A SPECIAL PRESENTATIONS Interim City Manager Jacobs presented to the Mayor and City Council the California Society of Municipal Finance Officers Excellence Award Fiscal Year 2014-2015 She further thanked and commended the Finance Department for their dedication to excellence The Mayor and Council Members commended and thanked the staff of the Finance Department for their dedication and hard work City of Grand Terrace Page 1 Packet Pg 5 Minutes C PUBLIC COMMENT Grand Terrace City Council March 24, 2015 Ray Hicks, Regional Public Affairs Manager for Southern California Edison, introduced himself to the City Council as their representative on an interim basis Michael Browning, requested donations for the funeral services for his cousin Amanda Weir The donations can be taken to Pasta Italia or submitted on gofundme com Ryan Purdy, Treasurer of a new sports league, introduced himself and Secretary Rochelle Long D CITY COUNCIL COMMUNICATIONS Council Member Bill Hussey Council Member Hussey thanked City staff for their hard work and the residents for attending the meeting He offered his condolences and prayers to the family of Amanda Weir Council Member Hussey reported that he and Council Member Mitchell met with Interim City Manager Jacobs to discuss the Youth Ad Hoc Committee and they scheduled a meeting on March 30, 2015 with several of the youth sports leagues He reminded everyone to remove their cars on street sweeping day and if there are any issues to contact City Hall Council Member Doug Wilson Council Member Wilson reported that on March 11th he attended the student speaker contest on water recycling and water conservation in the City's community room hosted by the Lion's Club On March 12th he attended the SANBAG Metro Valley Study Session requested a copy of the latest I-215/Barton right-of-way plan Council Member Jackie Mitchell Council Member Mitchell reported the she and Council Member Hussey met with Interim City Manager Jacobs to discuss issues related to the youth sports leagues, usage of fields and the child care center The City has scheduled a meeting with the youth sports leagues on March 30 to discuss field maintenance schedules, field usage fees, and additional topics Staff is doing additional research on the Child Care Center Council Member Mitchell reminded everyone that schools are on spring break and to be mindful of the children playing in the streets She offered her condolences and prayers to the Weir family She wished everyone a happy Easter holiday City of Grand Terrace Page 3 Packet 09 7 U 2 Minutes 7 Grand Terrace City Council 2) ALLOW CITY HALL TO BUSINESS HOURS FOR CLEAN-UP DAY EVERY HOLIDAY e wC2 March 24, 2015 REMAIN CLOSED TO THE PUBLIC DURING STAFF TO PERFORM A "FREE THE FILES" YEAR ON THE CESAR CHAVEZ FEDERAL RESULT APPROVED [UNANIMOUS] MOVER Doug Wilson, Council Member SECONDER Jackie Mitchell, Council Member AYES McNaboe, Robles, Mitchell, Wilson, Hussey Amendment No 4 to Extend the Library Lease Agreement with the County of San Bernardino Interim City Manager Jacobs presented the staff report for this item 1) APPROVE AMENDMENT NO 4 EXERCISING A FOURTH THREE-YEAR EXTENSION, AND 2) AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT NO 4 (AUKhhMtN 1 NU 1U10-97) RESULT APPROVED [UNANIMOUS] y MOVER Jackie Mitchell, Council Member SECONDER Sylvia Robles, Mayor Pro Tern AYES McNaboe, Robles, Mitchell, Wilson, Hussey Mid -Year Budget Review for Fiscal Year 2014-15 Finance Director Fortune provided a brief summary for the PowerPoint Presentation Mayor McNaboe requested clarification on the Other Post Employment Benefits (OPEB) Finance Director Fortune confirmed that the City pays the OPEB on an as needed basis and the liability was increasing yearly The amount presented would pay for the full annual OPEB Council Member Wilson thanked Finance Director Fortune for the complete report He prefers to place more into the General Fund Reserves rather than $400,000 in the Equipment Replacement Fund He also stated that he does not know how the Redevelopment Property Tax Trust Fund (RPTTF) cannot predict the City's distribution Mayor Pro Tern Robles requested to see the breakdowns on the following sales tax by company, CALPERS debt, and the equipment replacement fund along with the billing to each of the departments City of Grand Terrace Page 5 Packet Pg 9 Minutes Grand Terrace City Council March 24, 2015 RECONVENE TO OPEN SESSION Mayor McNaboe reconvened the City Council to open session at 8 02 p m She reported that there was no reportable action on both items ADJOURN Mayor McNaboe adjourned the meeting at 8 04 p m in the memory of Amanda Weir The Next Regular City Council Meeting will be held on Tuesday, April 14, 2015 at 6 00 pm Darcy McNaboe, Mayor Pat Jacquez-Nares, City Clerk City of Grand Terrace Page 7 Packet Pg 11 w ti pia AGENDA RP • R MEETING DATE April 14, 2015 Council Item TITLE Monthly Financial Report for February 2015 PRESENTED BY Cynthia Fortune, Finance Director RECOMMENDATION Receive and file the Monthly Financial Report for the period ending February 28, 2015 2030 VISION STATEMENT This staff report supports City Council Goal #1, "Ensure Our Fiscal Viability," through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations BACKGROUND The Finance Department has developed a Monthly Financial Report (MFR), which will be submitted to the City Council each month The attached MFR is for the period ending February 28, 2015 The purpose of the MFR is to identify actual revenues received, and expenditures incurred, for the current fiscal year and compare them to the Approved Budget and fiscal year-to-date (YTD) expected amounts, however, since the submittal of the Mid -Year Budget Review to City Council on March 24, 2015, the MFR has been revised to compare monthly expected receipts and expenditures, and actuals to year-end projections The MFR still includes the approved budgets and any adjustments made to the approved budgets, if any The MFR encompasses the City's two major funds General Fund and Child Care Fund DISCUSSION The Fiscal Year (FY) 2014-15 Approved Budget amounts are presented in the attached MFR for reference purposes Any adjustments to the Approved Budget that may occur during the fiscal year will also be reflected in the report The "expected" revenues reflect a multi -year analysis of revenue receipts that have, historically, been received as of this month in the fiscal year The resulting positive or negative variances shown in the MFR are in comparison to these "expected" receipts The timing of expenditures is more evenly distributed during the fiscal year than revenue receipts, however, it is not entirely straight-line in nature For example, some months have three pay periods rather than two Also, debt service payments are only made twice a year Additionally, certain expenditure postings, such as the cost allocation plan, are made quarterly rather than monthly All of these factors are Packet Pg 12 • Salary and benefit savings achieved due to ➢ several positions being vacant during the first few months of the fiscal year, ➢ reclassification of salary and benefit costs to the Successor Agency, • Professional Services ➢ The budgeted amount for recruitment services approved in the City Manager's Department budget has not been fully expended CHILD CARE FUND The Child Care Fund's revenue receipts of $705,788 are slightly below the expected level of $714,096 Although the 3-year history of monthly receipts vanes from year to year, this may be due to • The timing of the submittals and recording of deposits and payments, and • Turnover in child care attendance Expenditures of $689,338 reflect a savings of $2,265 relative to the expected level of $691,602 ATTACHMENTS • Monthly Financial Report Feb2015 Pdf APPROVALS (PDF) Cynthia Fortune Completed 04/06/2015 11 55 AM Finance Completed 04/06/2015 11 56 AM City Attorney Completed 04106/2015 2 12 PM City Manager Completed 04/06/2015 3 50 PM City Council Pending 04/14/2015 6 00 PM Packet Pg 14 0 Q City of Grand Terrace Monthly Financial Report For the Period Ending February 28, 2015 Attachment Monthly Financial Report Feb2015 Pdf (1675 Monthly Financial Report for February 2015) GENERAL FUND REVENUE III Attachment Monthly Financial Report Feb2015 Pdf (1675 Monthly Financial Report for February 2015) t f City of Grand Terrace FY 2014-15 General Fund Monthly Financial Report For the Period Ending February 28, 2015 " Positive February Ne ative YTD - February YTD February February YTD Variance Approved Year -End Year -End Expected % YTD % from Revenue Budget Expected Proiected Receipts Expected Actuals Actuals YTD Expected Property Tax 1,414,000 1,414,000 tis 1,407,100 730,495 519% 731,008 520% 513 Residual Receipts - RPTTF 306,370 306 370 682,256 532,262 78 0% 532,256 78 0% (6) Franchise Fees 480,000 480 000 478,000 174,800 36 6% 176 820 37 0% 2,020 Licenses, Fees & Permits 290,900 290,900 284,890 217 442 76 3% 187,334 65 8% (30,108)' Sales Tax 1,047,000 1 047 000 843 960 379 782 45 0% 386,589 45 8% 6,807 2 Intergovernmental Revenue/Grants 45,000 15,000 15,000 5 000 33 3% 5,212 34 7% 212 Charges for Services 81,200 81,200 78,000 47,390 60 8% 63 537 81 5% 16,147 Fines & Forfeitures 25,000 25,000 25,000 21,400 856% 30,079 1203% 8,679 Miscellaneous 5,000 5,000 8,800 8,200 93 2% 9,267 105 3% 1 067 Use of Money & Property 25,000 18 000 18 500 12,625 68 2% 14,298 773% 1,673 Transfers In 0 0 0 0 0 0 Residual Receipts - Sr Housing 0 0 0 0 0 0 Waste Water Receipts 700,000 700,000 700,000 400,000 571% 400,000 571% 0 4,419 470 4,382,470 4,541,506 2529,396 55 7% 2 536 400 55 8% 7 004 Through the coordination of the business licensing program with MunlServlces the City extended the business license renewal date from February 31st to March 1st Although business license revenues were received in February2015 some revenues were not recorded until the following month (March 2015) 2 Sales Tax receipts have decreased mainly due to Essco Wholesale Electnc bung bought by One Source Distributors One Source has since moved their wholesale division to San Diego V w A 7C �D rt �O Attachment Monthly Financial Report Feb2015 Pdf (1675 Monthly Financial Report for February 2015) 450 000 400 000 350 000 300 000 250 000 200 000 150 000 100 000 50 000 REVENUE - Sales Tax I AUG SEP OCT NOV DEC JAN FEB MAR APR MAY A tFY2014 15 --m—FY2013 14 —*--FY2012 13 tFY2011 12 Annual Sales Tax Tax Revenues FY2014-15 (as of month end) $386,589 FY2013-14 $958,649 FY2012-13 $971 549 FY2011-12 $963,439 -o m 0 c� rt c0 7 W N � Attachment Monthly Financial Report Feb2015 Pdf (1675 , Monthly Financial Report for February 2015) -- REVENUE-- Franchise Fees 180 000 160 000 140 000 120 000 100 000 80 000 60 000 7' 40 000 20 000 �?xi. Annual Franchise Fees FY2014-15 (as of month end) $176,820 FY2013-14 $477,395 FY2012-13 $478,269 FY2011-12 $478,011 m A N �G 9 W W � W Attachment Monthly Financial Report Feb2015 Pdf (1675 Monthly Financial Report for February 2015) w 0 GENERAL FUND EXPENDITURE BY DEPARTMENT F Attachment Monthly Financial Report Feb2015 Pdf (1675 Monthly Financial Report for February 2015) h COMMUNITY DEVELOPMENT i Building & Safety ii Public Works III Rental Inspection Program iv Enforcement Program v Facilities Maintenance ' vi Community Development vii Parks Maintenance viii Storm Drain Maintenance ix National Pollutant Discharge Elimination System (NPDES) x Planning Commission -o .t M to 13 N 4 Attachment Monthly Financial Report Feb2016 Pdf (1675 Monthly Financial Report for February 2015) 1 EXPENDITURE - General Government 140 000 - — 120 000 100 000 to a 80 000'FL 60000, t 40 000 r r ! 20 000 y � i JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN (20 000) (40 000) - - - ——FY2014 15 rt—FY201314-+—FY2012 13 —mi--FY2011 12 General Government Departments City Council City Manager, City Clerk and City Attorney FY2014-15 (as of month end) $365,014 FY2013-14 $689,463 FY2012-13 $514 314 FY2011-12 $537 061 -o w 0 to to 15 W N tJt to Attachment Monthly Financial Report Feb2015 Pdf (1675 Monthly Financial Report for February 2015) EXPENDITURE - Finance 80 000 70 000 E f 60 000 50 000 a 40 000 /A X /AN�( 30 000 20 000 10 000 i JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN —.o.—FY201415—m—FY201314 —r,—FY201213 —ci.—FY201112 Finance Department FY2014-15 (as of month end) $310,207 FY2013-14 $369,432 FY2012-13 $346,409 FY2011-12 $256,223 17 Attachment Monthly Financial Report Feb2015 Pdf (1675 Monthly Financial Report for February 2015) GENERAL FUND EXPENDITURE BY CATEGORY ,9 n rAttachment Monthly Financial Report Feb2015 Pdf (1675 Monthly Financial Report for February 2015) F EXPENDITURE - Salaries 120 000 100 000 80 000 z AL 60 000 40 000 20 000 (20 000) �FY201415 —m—FY201314 �FY201213 �FY201112 f r q�s � s � r JUL AUG SEP OCT NOV DEC - JAN FEB MAR APR MAY J N Salaries FY2014-15 (as of month end) $402,749 FY2013-14 $697,536 FY2012-13 $659 163 FY2011-12 $791,344 d (a 21 W W � Attachment Monthly Financial Report Feb2015 Pdf (1675 Monthly Financial Report for February 2015) EXPENDITURE - Professional/Contractual Services 600 000 500 000 400 000 b 300 000 r t , 200 000 4 100 000 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN —o—FY201415—a—FY201314 tFY201213—o—FY201112 Professional/Contractual Services FY2014-15 (as of month end) $1,684,898 FY2013-14 $2,438,743 FY2012-13 $2,336,411 FY2011-12 $2,213,146 23 Attachment Monthly Financial Report Feb2015 Pdf (1675 , Monthly Financial Report for February 2015) CHILD CARE FUND REVENUE AND, EXPENDITURE w to Attachment Monthly Financial Report Feb2015 Pdf (1675 , Monthly Financial Report for February 2015) F I 180 000 160 000 i i 140 000 120 000 I 3 1 100 000 80 000 i 60 000 {� 40 000 20 000 REVENUES JUL AUG SEP OCr NOV DEC JAN FEB MAR APR MAY JUN t201415 t201314-0-201213 --0-201112 Child Care Revenues FY2014-15 (as of month end) 705,788 FY2013-14 1,093,094 - FY2012-13 1,109,956 FY2011-12 878,700 27 Attachment Monthly Financial Report Feb2015 Pdf (1675 Monthly Financial Report for February 2015) 11 \� r D 40 MEETING DATE TITLE PRESENTED BY AGENDA REPORT April 14, 2015 Council Item MS4 NPDES Stormwater Permit Renewal Participation and Joint Defense Agreement Sandra Molina, Community Development Director RECOMMENDATION Approve the NPDES Joint Defense Agreement between the City the County of San Bernardino as Principal Permittee, the fifteen area cities as Co-Permittees and Squire Patton and Boggs as Counsel to the NPDES Program 2030 VISION STATEMENT This staff report supports Goal #2 "Maintain Public Safety" by investing in improvements to public infrastructure, and Goal #4 "Develop and Implement Successful Partnerships" by working with local, regional and state agencies to secure funding for programs and projects BACKGROUND The Federal Clean Water Act ("CWX) established the National Pollution Discharge Elimination System ("NPDES") as a national program under Section 402 of the CWA for regulation of discharges of pollutants from point sources to waters of the United States Discharges are illegal unless authorized by a NPDES permit The United States Environmental Protection Agency ("EPA") authorizes the State of California to issue permits, and the Santa Ana Regional Water Quality Control Board ("Regional Board") administers them for the Inland Empire area The Regional Board issued the first NPDES permit to the City in 1992, and has re- issued a new permit every five years, it issued the current permit to the City on January 29, 2010 The NPDES Permit lists the County of San Bernardino as the Principal Permittee and the cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland and Yucaipa as Co-Permittees The current five year permit expired on January 29, 2015 and has been extended administratively while a new permit is negotiated with the Regional Board The County of San Bernardino has retained the firm of Squire Patton Boggs LLP to represent the Principal Permittee and Co-permitees and to provide legal advice during the permit negotiations and renewal process Packet Pg 43 - MS4 NPDES STORMWATER PERMIT RENEWAL PARTICIPATION AND JOINT DEFENSE AGREEMENT This MS4 NPDES Stormwater Permit Renewal Participation and Joint Defense Agreement ("Agreement") is made and entered into as of the date it is signed by all parties to the Agreement (`Effective Date"), by and between the San Bernardino County Flood Control District (Principal Permittee), the County of San Bernardino, and the City of Big Bear Lake, the City of Chino, the City of Chino Hills, the City of Colton, the City of Fontana, the City of Grand Terrace, the City of Highland, the City of Loma Linda, the City of Montclair, the City Ontario, the City of Rancho Cucamonga, the City of Redlands, the City of Rialto, the City of San Bernardino, the City of Upland, and the City of Yucaipa, (collectively, the "Parties" or "MS4 Permittee Group") and Squire Patton Boggs RECITALS A The Parties are permittees under that certain MS4 NPDES Permit and Waste S Discharge Requirements for Area -wide Urban Stormwater Runoff, adopted c January 29, 2010, NPDES No 618036/Order No R8-2010-0036, applicable to w the San Bernardino County Flood Control District ("SB FCD"), the County of z San Bernardino, and the incorporated cities of San Bernardino County within the Santa Ana Region ("MS4 NPDES Permit"), ti B The Parties'have been identified as entities to be regulated under a municipal a stormwater permit expected to be adopted in 2015 (the "2015 MS4 Permit") by E the California Regional Water Quality Control Board, Santa Ana Region ("RWQCB") and have a common interest in addressing and negotiating the terms of the 2015 MS4 Permit, E C To reduce costs and to more effectively represent their interests, the Parties desire to cooperate with one another in addressing the 2015 MS4 Permit issues, D In anticipation of litigation under or relating to the renewal of the MS4 NPDES o Permit (which expires by its terms on or about January 29, 2015), and recognizing that there are certain efficiencies in having common counsel representing the Parties during the MS4 NPDES Permit renewal process and any subsequent c appeals or litigation (collectively, the "Work"), each Party has agreed to E coordinate certain efforts, share information, and fund a portion of the attorneys fees and other costs associated with the Work as set forth in this Agreement, a E To assist SB FCD, as the principal-permittee, on legal and other issues related to renewal of the MS4 NPDES Permit, as well as other matters that may be assigned, the San Bernardino County Counsel's Office issued a Request For Proposals The Flood Control District received and evaluated proposals from five law firms and interviewed three On or about March 25, 2014, the Flood Control District retained the firm of Squire Sanders, now Squire Patton Boggs F \San Bernardino Co NPDES\2015 MS4 Permit RenewaKoPenndtees\14 0723 MS4 NPDES Stormwater Permit Packet Pg 45 0--- e[ 0e 4 rn — INM 1`) if_- An.,De...e f 47 O9 4A MS4 Permittees Group Participation Agreement 30 SHARED COSTS 3 1 Defined Shared Costs are costs of common counsel and, if applicable, any consultants approved and retained by the MS4 Permittee Group for the -Wwork related to the 2015 MS4 Permit under this Agreement 32 Payment The Parties agree to pay the Shared Costs of Common Counsel pursuant to the Section VII (Program Costs) of the Implementation Agreement (County Contract No 11-545) entered into by and between the MS4 Permittee Group under the NPDES Areawide Program budget Matters that are assigned by SB FCD to Squire Patton Boggs that relate only to the SB FCD are not Shared Costs and shall be paid by SB FCD separate and apart from the Agreement or the Implementation Agreement SB FCD shall review all invoices, approve payment of Shared Costs on behalf of the Parties, invoice the Parties, and prepare an annual fiscal year accounting consistent with Section VII of the Implementation Agreement 40 SUCCESSORS AND ASSIGNS This Agreement applies to, is binding upon, and Mures to the benefit of each Party whose legally authorized representative has executed this w Agreement, and the Parties' directors, officers, agents, employees, attorneys, successors z and assigns M ti fa 5 0 WITHDRAWAL 5 1 Withdrawal Any Parry may withdraw from all participation M this Agreement Z upon thirty (30) days' advance written notice to the MS4 Permittee Group, except that the withdrawing Party shall remain responsible for its share of all Shared Costs, as set forth M the Implementation Agreement Any Party who withdraws m from this Agreement shall continue to protect the confidentiality of information it obtained during the tune it was a Party, M accordance with Section 6 0 and 7 0 6 0 CONFIDENTIALITY. LIMITATIONS 61 Confidentiality A Party may only produce confidential material relating to this Agreement in compliance with a court order or with the consent of all Parties to c this Agreement If the production of confidential material relatmg to this Agreement is required by a court of competent jurisdiction, the Party so ordered shall seek leave of court to file the confidential material relatmg to this a Agreement under seal or subject to an order protecting their confidentiality 62 Permitted Disclosure Except for Joint Defense Information (as defined below), nothing contained M this Agreement prohibits a Party from disclosing (i) its own information, (u) its own work product (except for any portion of that work product that contains confidential material relating to this Agreement), (m) material prepared by a Party that refers or relates solely to its own information, Page 3 of 11 F \San Bernardino Co NPDES\2015 MS4 Permit RenewaftCoPenndtees\14 0723 MS4 NPDES Stormwater Permit Packet Pg 47 MS4 Permattees Group Participation Agreement Agreement, including, without limitation, all verbal and written exchanges of information among the Parties and/or their attorneys, representatives, consultants and/or experts, and all documents containing Joint Defense Information shared or exchanged among such parties, including, without limitation, memoranda, correspondence, electronic mail, and all summaries and compilations, data, mental impressions, strategies, legal theories, legal research, work performed or prepared by consultants or experts at the direction of counsel for the Parties, interviews with prospective witnesses and/or all other information and analysis and the work product of any Party's attorney in any format from and after the Effective Date The Parties agree that all communications between Parties and their attorneys, representatives, consultants and/or experts, in furtherance of the purpose of this Agreement shall be protected by the attorney -client privilege, the attorney work -product privilege and the joint defense privilege to the fullest extent provided by law Joint Defense Information does not include any publicly available information or information that a Party obtains from a public or non - confidential source, even if that information is also provided in confidence by one Party to another 73 The Parties understand and agree that the sharing or exchanging of Joint Defense Information between or among the Parties, and the joint creation, development or solicitation of Joint Defense Information by two or more Parties (or their employees or agents) in connection with the 2015 MS4 Permit, shall be accomplished pursuant to the attorney -client privilege, the work product doctrine, the "common interest" doctrine, the "joint defense" doctrine and any other applicable rights, privileges and doctrines, and that any and all such shared or exchanged Joint Defense Information shall be and remain protected against disclosure to any third party to the fullest extent allowed by law 74 The Parties agree to take all measures reasonably necessary to protect the confidentiality and privileged nature of the Joint Defense Information Unless otherwise required by law, none of the Joint Defense Information obtained by any Party shall be disclosed to third parties without the written consent of all of the Parties 75 Use of Joint defense information If any third party requests or demands any Joint Defense Information via a subpoena, discovery request, Public Records Act Request, or otherwise, the Parry receiving such request or demand shall notify all other Parties within a reasonable time after receiving the request The Party receiving such request or demand reserves the right to assert all applicable privileges, protections, exclusions, defenses, and confidentiality rights The party who received the disclosure request will not release or disclose such information prior to making a good faith determination that the disclosure is required by applicable law, or pursuant to court order, and will inform all other Parties prior to making such disclosure Page 5 of 11 F \San Bernardino Co NPDES\2015 MS4 Permit RenewahCoPernittees\14 0723 MS4 NPDES Stormwater Permit Packet Pg 49 0-- of 13-A—..� -- I--# Mc -- Anr --4 4n 77 1A MS4 Permittees Group Participation Agreement �wN 91 No Waiver or Release Except as expressly provided herein, by entering into this Agreement and sharing confidential information under this Agreement, the Parties are not waiving or releasing any rights, clamis, defenses, or privileges they may have against each other or any other person or entity, nor does the Agreement modify in any way any other written agreements or written contractual arrangements of the Parties Any Party asserting a claim against any other Party is not entitled to use Joint Defense Information (or other confidential information) received under this Agreement in support of the claim, except to the extent that the Joint Defense Information (or other confidential information) has been or is -- r obtained through discovery 92 No Modification of LegalObhgations or Authonty Except as specifically E d provided in this Agreement, no rights or obligations created by this Agreement Q are intended to amend, modify, supplement, or replace any legal or contractual obligation or authority created by any other agreement entered into at any time between any Party to this Agreement or any affiliated entity of any other Party o This Agreement is not intended to have any effect on any indemnification, w S contribution, or warranty obligations between or among the Parties or affiliated 0 entities and may not be used by any Party to advance any argument that any Party o (including affiliated entities of any Party) either does, or does not, have any z obligation to indemnify, provide contribution, or provide a warranty to any other Party (including affiliates or subsidiaries of any Party) t- \, 9 3 No Admission Nothing in this Agreement constitutes, or may be construed as, a an admission that any Party is liable to any other Party or to any person not a Z parry to this Agreement `; 100 NOTICE All notices required or -permitted to be given must be in writing and sent via mail or e-mail to the undersigned counsel for the Parties 110 APPLICABLE LAW This Agreement is governed by and construed in accordance with c the laws of the State of California, without giving effect to the choice -of -law rules of the State of California The Parties agree that any dispute arising under or relating to this o Agreement must be adjudicated in the appropriate court in the State of California, and the Parties consent to jurisdiction in those courts This Agreement does not, however, affect the applicable law governing the Work or disputes under this Agreement d E 12 0 CONSTRUCTION OF AGREEMENT This Agreement is jointly drafted and may not 0 be construed in any way, against any Party on the ground that the Party or its counsel drafted this Agreement 130 ENTIRE AGREEMENT This Agreement is an integrated document representing the entire understanding of the Parties with respect to participation in the MS4 Permittees Group as it relates to the Work This Agreement supersedes and supplants all prior or contemporaneous agreements, proposals, or understandings, whether written or oral, between the Parties on the same subject matter Page 7 of 11 F \San Bernardino Co NPDES\2015 MS4 Permit RenewaftCoPernittees\14 0723 MS4 NPDES Stormwater Perrot Packet Pg 51 D.— -I Dn b rn — 1—f rmf-n An —m 4 4n n1 IA I MS4 Permittees Group Participation Agreement 18 0 RECITALS The recitals of this Agreement are incorporated herein by this reference Squire Patton Boggs (US) LLP By Name Title Date San Bernardino County Flood Control District (Principal Pernuttee) By Name Title Date County of San Bernardino By Name Title Date City of Big Bear Lake By Name Title Date City of Chino By Name Title Date City of Chino Hills By Name Title Date City of Colton By Name Title Date City of Fontana By Name Title Date Page 9 of 11 F 1San Bernardino Co NPDES\2015 MS4 Permit RenewallCoPer ittees\14 0723 MS4 NPDES Stormwater Permit Dnna -I D-4 n..1 .... 1-4, Plnf-- Anrnnmcn 17 7% 4A Packet Fig 53 City of San Bernardino By Name Title Date City of Upland By Name Title Date City of Yucaipa By Name Title Date MS4 Permittees Group Participation Agreement Page 11 of 11 ao F \San Bemardmo Co NPDESX2015 MS4 Permit Re newaKCoPermdtees\14 0723 MS4 NPDES Stormwater Permit On eI 13,A —n nn I—M I'lninnnn A— en. 4 17 77 4 A Packet Fig 55 0 AGENDA REPORT April 14, 2015 Council Item Approval of an Agreement for Animal Control and Shelter Services with City of San Bernardino Sandra Molina, Community Development Director RECOMMENDATION Approve an Agreement between the City of Grand Terrace and the City of San Bernardino for animal control and shelter services in the amount of $ 149,535 per year with the option to extend the contract for two additional one (1) year terms, and to include a CPI increase on July Vt of each contract 2030 VISION STATEMENT This staff report supports Goal 2 to "Maintain Public Safety" by providing continued animal control and shelter services BACKGROUND The City of San Bernardino currently provides animal control and shelter services on a month -to -month to basis at a cost of $121,629 per year ($10,135 75/month) The City has contracted with the City of San Bernardino (San Bernardino) for these services since April, 2010 The previous three year contract was set to expire on March 31, 2014 In anticipation of that contract's end, a Request for Proposals (RFP) was issued to solicit new proposals for these services, and the RFP included the addition of animal licensing services and handling of all animal nuisance complaints Only San Bernardino and Riverside County submitted proposals San Bernardino's proposal was recommended for approval because their proposal included more field service hours, their shelter is closer for residents to license and retrieve their animals, and the cost was less than the other proposal, which also had less service hours and required residents to travel farther to conduct business On April 8, 2014, the City Council approved a new Agreement with the City of San Bernardino, for an annual cost of $149,535 00 This Agreement was forwarded to San Bernardino for their Council's approval Subsequently, San Bernardino animal control representatives notified the City that it was evaluating its animal control shelter and services operations and would not enter into the new Agreement Therefore, the City Council agreed on June 24, 2014 to continue to operate on a month to month contract at the same monthly amount of Packet Pg 66 significant staff resources The City has hosted Animal License and Vaccination clinics in January/February each year to coordinate licensing and rabies vaccination renewals The Clinic required staff resources, volunteers, and veterinarian services The City of San Bernardino will offer all services available to San Bernardino residents, to Grand Terrace residents at the same fee charged to their residents This will relieve Grand Terrace of the costs and resources need to conduct these services Residents will be required to license their animals at the San Bernardino City Animal Shelter or by mail The Animal Shelter is located at 333 Chandler Place San Bernardino, and is approximately 4 miles from the Grand Terrace The City originally budgeted $149,535 for this Agreement for fiscal year 2014-15 There will be a slight savings during the current fiscal year, resulting from the current month - to -month Agreement that has been in effect since July 1, 2014 The Table below is a quick glance at animal control and shelter services as currently provided, and as proposed in the new agreement CITY OF GRAND TERRACE ANIMAL CONTROL SERVICES SERVICES NEJM Impound, care, shelter services X X Remove dead animals from right- X X of -way Investigate reported animal bites X X Accept and respond to all animal X noise complaints Animal Licensing Fees (fees currently collected by City) X (all fees reimbursed to City) Canvassing and compliance X checks for licenses Animal care education and X information program Field Service 7 days per week X X 7am —5pm On -call services 7 days per week X X 5pm —7am 4/2015 Packet Pg 58 PROFESSIONAL SERVICES AGREEMENT City of San Bernardino Animal Control and Housing Services THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this day of April, 2015, ("Effective Date") by and between the CITY OF GRAND TERRACE ("City"), a public entity, and the CITY OF SAN BERNARDINO, a public entity ("Service Provider") 1 Scope of Services City agrees to retain and does hereby retain Service Provider and Service Provider agrees to provide the services more particularly described in Exhibit "l", "Scope of Services and Fees", attached hereto and incorporated herein by reference, in conjunction with Animal Control and Housing Services ("Services") 2 Term This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit "1" and the Agreement shall remain in effect until June 30, 2016, unless otherwise terminated pursuant to the provisions herein This Agreement may be extended up to two years at the discretion of the City Manager and the acquiescence of Service Provider If a new Agreement has not been negotiated prior to the termination date, then San Bernardino may continue to provide the terms of service in this Agreement for the monthly contract amount of the June 2016 invoice, plus an additional ten (10) percent of the invoice The compensation fee or payment amount for services rendered herem shall be adjusted upward on July 1 not less than 3% and not more than 5% and shall be based on the Bureau of Labor Statistics' CPI for the Western Region of the United States Service Provider shall provide City with the amount of the proposed increase in the compensation fee in writing 90 calendar days prior to the July 1 effective date 3 Compensation/Payment Service Provider shall perform the Services under this Agreement for fees not to exceed $149,535 00 annually, payable monthly, in accordance with the terms set forth in Exhibit "1" Fifteen percent (15%) of the annual compensation, $22,430 25, shall be allocated to the shelter improvement fund Said payment shall be made in accordance with the City's usual accounting procedures upon receipt and approval of an invoice setting forth the services performed The invoices shall be delivered to the City at the address set forth in Section 4 hereof Service Provider shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herem, unless such additional services are authorized in advance and in writing by the City Manager Service Provider shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Service Provider at the time City's written authorization is given to Service Provider for the performance of said services 4 Notices Any notices required to be given hereunder shall be in writing and shall either be personally served or mailed first class, postage paid Any notice given by mail shall be deemed given when deposited in the United States Mail, first class postage prepaid, addressed to the party to be served as follows Page 1 Packet Pg 60 ( 12 Indemnification Service Provider agrees and promises to mdemmfy, defend and hold harmless City, its officers, elected officials, employees and agents, from and against all actions, causes of action, claims, demands, lawsuits, costs and expenses and liability for damages to persons or property that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organizations arising out of, or in connection with, the performance of this Agreement, excluding such actions, claims demands, lawsuits and liability for damages to persons or property ansmg from gross or willful misconduct of City, its officers, employees or agents Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees The costs, salary and expenses of any retained counsel and/or the City Attorney and members of his/her office shall be considered as "attorney fees" for the purpose of this paragraph City agrees and promises to indemnify, defend and hold harmless Service Provider, its officers, elected officials, employees and agents, from and against all actions, causes of action, c clauns, demands, lawsuits, costs and expenses and liability for damages to persons or property v that may be asserted or clauned by any person, firm, entity, corporation, political subdivision, £ or other organizations ansmg out of, or in connection with, the performance of this Agreement, a excluding such actions, claims demands, lawsuits and liability for damages to persons or property ansmg from gross or willful misconduct of Service Provider, its officers, employees or agents Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees The costs, salary and expenses of any retained counsel and/or the City Attorney and members of his/her office shall be considered as "attorney fees" for the purpose of this paragraph LL d 13 Insurance L 13 1 General Provisions Prior to the City's execution of this Agreement, Service Provider shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herem The rating and required insurance policies and coverages may be modified in writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law 13 1 1 Limitations These minimum amounts of coverage shall not constitute any limitation or cap on Service Provider's indemnification obligations under Section 12 hereof 13 12 Ratmgs Any insurance policy or coverage provided by Service Provider or Q subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies N authorized to transact insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of VIII or higher E 13 13 Cancellation The policies shall not be canceled unless thirty (30) days prior a written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid Page 3 Packet Pg 22 L� 1342 Prior to City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for automobile liability insurance, shall be filed with the City and shall include the City and its officers, employees and agents, as additional insureds Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions It is agreed that the City of Grand Terrace and its officers, employees and agents, are added as additional msured's under this policy, solely for work done by and on behalf of the named insured for the City of Grand Terrace 13 5 Errors and Omissions Insurance Prior to City's execution of this Agreement, Service Provider shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minnnum amount of $2,000,000 to protect the City from claims resulting from the Service Provider's activities 136 Subcontractors' Insurance Service Provider shall require all of its Q subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages Workers Compensation (except for a sole proprietor), Commercial General Liability, and N Automobile liability Upon City's request, Service Provider shall provide the City with c satisfactory evidence -that Subcontractors have obtained insurance policies and coverages LL required by this section, 137 Certificate of Self -Insurance In lieu of the foregoing policy(ies) of insurance, Service Provider may file a Certificate of Self-insurance with City to satisfy the insurance requirements under this Agreement 14 Business Tax Service Provider is a municipal government and exempt from the City's Business Tax 15 Time of Essence Time is of the essence for each and every provision of this Agreement 16 City's Right to Employ Other Service Providers City reserves the right to employ other Service Providers in connection with the Services 17 Accounting Records Service Provider shall maintain complete and accurate N records with respect to costs incurred under this Agreement All such records shall be clearly identifiable Service Provider shall allow a representative of City during normal business hours 8 and upon reasonable notice to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement Service Provider shall allow a inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement Page 5 Packet Pg 44 'Sa } 24 Licenses At all tunes during the term of this Agreement, Service Provider shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement 25 Amendments This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Service Provider and City 26 Termination City and the Service Provider, by notifying the other party in writing, shall have the right to terminate any or all of Service Provider's services and work covered by this Agreement at any time, with or without cause In the event of such termination, Service Provider may submit Service Provider's final written statement of the amount of Service Provider's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City's rights under Sections 16 and 26 hereof In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City 261 Other than as stated below, City and Service Provider shall provide the other party thirty (30) days prior written notice prior to termination T 262 City may terminate this Agreement upon fifteen (15) days written notice to Service Provider, in the event f J 263 Service Trovider substantially fails to perform or materially breaches the Agreement, or 26 3 1 City decides to abandon or postpone the Services 27 PERS Eli ig bihty Indemnification In the event that Service Provider or any employee, agent, or subcontractor of Service Provider providing services under this Agreement claims or is determined by a court of competent jurisdiction or the Califorma Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Service Provider shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Service Provider or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City 28 Successors and Assigns Tlus Agreement shall be binding upon City and its successors and assigns, and upon Service Provider and its permitted successors and assigns, and shall not be assigned by Service Provider, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement a Page 7 Packet Pg 66 341 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms Reference to section numbers are to sections in the Agreement unless expressly stated otherwise 342 This Agreement shall be governed by and construed in accordance with the laws of the State of Califorma in effect at the tune of the execution of this Agreement 343 In the event of a conflict between the body of this Agreement and Exhibit "l" hereto, the terms contained in Exhibit " 1 " shall be controlling 35 No Third Party Beneficiaries The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement 36 Exhibits The following exhibits attached hereto are incorporated herein to this Agreement by this reference Exhibit "1"- Scope of Work, Schedule, and Fees IN WITNESS WHEREOF City and Service Provider have caused this Agreement to be duly t- executed the day and year first above written "CITY" CITY OF GRAND TERRACE U Darcy McNaboe, Mayor Attest Pat Jacquez-Nares, City Clerk Approved As to Form Richard L Adams II, City Attorney Page 9 "SERVICE PROVIDER" CITYOF SAN BERNARDINO By City Manager Approved As to Form By City Attorney — San Bernardino Packet Pg 68 citations directly with the San Bernardino Superior Court Grand Terrace will retain all citation revenues The City Attorney for Grand Terrace will process any legal action and appear in court, as necessary, on ammal related cases Animal Control personnel will appear in court, as necessary, on animal related cases when requested to do so by Grand Terrace and at the expense of Grand Terrace (b) Impound all animals caught at large and collect all impound fees assessed (c) Remove dead animals from the public right-of-way, except interstate freeways (d) Respond to requests for assistance in the trapping and removal of domestic animals from public or private property during normal operating hours San Bernardino will offer advice in setting a trap in any enclosed space and will remove wild animals (not including rodents or insects and cats) caught in a trap or found inside any human dwelling Animal Control employees shall not be required to maintain on -premise surveillance unless in the opinion of the Director of Animal Control or designee there is a direct, clear and present danger to human life San Bernardino will provide traps for nuisance annuals upon request (e) Investigate reported animal bites and quarantine, as prescribed by law, all biting animals and animals suspected to be rabid San Bernardino shall take appropriate steps consistent with the circumstances of each separate incident to locate and impound the suspect animal or animals and or assist the complainant and or mjured party or parties to trap the N suspected animal or animals Report any/all animal bites and/or attacks to the City of Grand c Terrace within 24 hours and same day during business hours (f) Provide euthanasia services as required for animals held for the state -mandated legal holding period if these animals are not reclaimed by their owners and are deemed unsuitable or F unavailable by San Bernardino for adoption All impounded animals will be scanned for M microchips Animals with identification, licenses or microchips will be held up to ten (10) days and attempts will be made to contact the owner (g) Respond to every call for service either by animal control officer, letter or phone, except for excluded items (h) Cats San Bernardino will not be required to respond to calls of cats running at large, confined stray cats or trapped cats Traps for the purpose of capturing cats shall be made available to the residents of Grand Terrace Unless exceptional circumstances exist, residents of Grand Terrace shall be responsible for obtaining, monitoring and returning all traps used for this purpose (1) All services available to San Bernardino residents for which there is a fee shall be made *.I available to Grand Terrace residents for the same fee E �) Grand Terrace residents may bring stray, un-owned animals to the San Bernardino a shelter at no charge to the resident (k) Accept and respond to all animal noise complaints s + Page 11 Packet Pg 70 Y f� • Wildlife in human dwellings (not including rodents or msects) • Miscellaneous calls such as pet shop investigations, sanitation complaints, license checks, for- fee pick-8ps, courtesy pick-ups etc (b) Shelter Hours and Telephone Line The San Bernardino shelter shall be open to the public Tuesday through Saturday from 10 00 a in to 5 00 p m The shelter will be closed on Sundays, Monday and holidays The shelter's telephone Imes are answered Monday through Saturdays from 0900 hrs to 1700 hrs (c) Emergency After -Hours Procedures The reporting party (RP) will contact the Grand Terrace Police/Fire Dispatch, or the City of cc San Bernardino Animal Control If the dispatcher deems the call an emergency (see criteria o below) the dispatcher will page the on -call animal control officer (ACO) The ACO will c contact Grand Terrace Dispatch, obtain the RP's name and phone number and follow-up with v the RP for additional information The dispatcher will advise the RP, to remain by a phone for E contact by the ACO a Unless requested by Grand Terrace, it will not be necessary for the ACO to notify the dispatcher of the disposition of the call If the emergency response is an agency assist request by Grand Terrace Police/Fire, the ACO will automatically respond San Bernardino will provide a monthly listing of on -call animal control personnel San Bernardino will provide personnel to tram Grand Terrace dispatchers in on- call procedures, as requested Criteria for Emergency Call -Out • Injured stray animals • Loose "aggressive" animals • Animal bites/attacks • Loose livestock if a threat to public safety • Other dangerous or Poisonous animal situations posing public safety • Agency Assists for Fire, Police, Sheriff, etc Emergency Calls will be responded to within thirty (30) minutes of receipt by San Bernardino when practicable If the dispatcher determines that the call does not meet emergency call -out criteria, the RP will be instructed to contact anunal control during regular business hours San Bernardino personnel will not respond on an emergency basis to loose animals, dead animals, wildlife, confined strays and sick or mjured animals r 9 Inspection 0 d E Designated personnel from Grand Terrace may, at any time during normal business hours, inspect the office, shelter, vehicles and other facilities connected to servicmg this Agreement a 10 Reclaimed Animals Page 13 Packet Pg 72 MEETING DATE TITLE' PRESENTED BY AGENDA REPORT April 14, 2015 Council Item Delegating Authority to the City Manager to Set the City Hall Holiday Closure Schedule Kris Harapan, Human Resources Technician RECOMMENDATION Staff is recommending that Council approve Resolution 2015-XX delegating authority to the City Manager to set the City Hall closure schedule over the Christmas/New Year's holiday 2030 VISION STATEMENT I This staff report supports Goal #5 Engage in Proactive Communication Under this goal, Human Resources is tasked with providing employees and contractors up-to-date information regarding City policies, benefits and programs BACKGROUND Our Statement of Benefits for employees provides for holidays over Christmas & New Year's, as follows Christmas Eve Christmas Day New Year's Eve New Year's Day 2 Floating Holidays Given'that City Hall is on a 4/9 schedule and is only open 4 days a week it is necessary to determine an appropriate and efficient holiday closure schedule every year Obviously, the most efficient closure schedule vanes from one year to the next depending on which days Christmas Eve, Christmas Day, New Year's Eve, and New Year's Day actually fall The holiday closure schedule not only affects the days that City Hall is closed, but also affects the City's payroll schedule In addition, staff members need to know how to plan the use of their holiday/vacation accruals and also schedule appointments with the public�dunng this time DISCUSSION On average, City Hall has closed for a total of 6 working days over the Christmas/New Pack4pg 74 0 Finance Completed City Attorney Completed City Manager Completed City Council Pending 03/26/2015 3 26 PM 04/06/2015 11 15 AM 04/06/2015 3 44 PM 04/14/2015 6 00 PM Packet Pg 76 RESOLUTION NO 2015 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DELEGATING AUTHORITY TO THE CITY MANAGER TO SET THE CITY HALL CLOSURE SCHEDULE OVER THE CHRISTMAS/NEW YEAR'S HOLIDAY WHEREAS, the City Council is authorized and directed under the provisions of Chapter 2 24 of the Grand Terrace Municipal Code to adopt provisions for compensation of personnel created in said Municipal Code Chapter, and, WHEREAS, the objectives of the Statement of Benefits are to attract to municipal service the best and most competent persons available and to provide for an equitable system of personnel compensation, and, WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given to the City Manager in the interpretation and application of these benefits so that they are applied equitably, and, WHEREAS, the City Manager is tasked with managing workflows, scheduling, and operations, 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE i DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS Section 1 Authority is delegated to the City Manager to set the Christmas & New Year's closure dates for City Hall each year, subject to the following conditions 1 This authorization is limited to the Christmas/New Year's holiday schedule 2 City Hall will be closed a minimum of 4 working days in order to give staff their agreed upon holiday time as per the Statement of Benefits 3 City Hall may, at the City Manager's discretion, be closed an additional two days (for a total of 6 working days) 4 Staff may use, floating holidays, vacation, or other appropriate accruals if they have such accruals available If staff does not have appropriate accruals or leave forms on the books, their time will be unpaid No additional holidays or accruals are created by this action 5 Closure of City Hall in excess of 6 working days must be approved by the Council PASSED, APPROVED AND ADOPTED by the City Council of Grand Terrace at a regular meeting held on the 14th day of April, 2015 by the following vote AYES, NOES ABSENT ABSTAIN Packet Pg 77 MEETING DATE TITLE ►IU 1 AGENDA REPORT April 14, 2015 Council Item Amendment to the Personnel Rules and Establishment of the Statement of Benefits Kris Harapan, Human Resources Technician RECOMMENDATION 1 ADOPT RESOLUTION NO 2015-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING PERSONNEL RULES, REGULATIONS AND POLICIES AND RESCINDING RESOLUTION NO 2014-070, and 2 ADOPT RESOLUTION 2015-XX OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING A STATEMENT OF BENEFITS 2030 VISION STATEMENT This staff report supports Goal #1, "Ensuring Our Fiscal Viability", by providing updated ( personnel rules, regulations and policies that are in compliance with state and federal mandates A consistent set of rules will help promote and maintain the adopted Core Value of maintaining a "Positive and Productive Work Environment" BACKGROUND On November 25, 2014, the City Council adopted a new set of Personnel Rules under resolution 2014-070 Since adoption of the new Personnel Rules, a few questions have arisen which have highlighted the need to clarify and/or correct certain items in the rules and there have been several changes in law that need to be addressed DISCUSSION This amendment is not a rewriting of the rules It is being done to make minor adjustments, clarifications, and corrections to the main body of the rules and to its appendices All of the intentions adopted by the Council in November are still present and are being carried forward We have however, rearranged the document to allow for ease of administration and future review These changes were prompted as follows 1 There have been some changes to the law since November in addition to Packet Pg 79 7 } -.-- These items have all been relocated to the Statement of Benefits, Appendix B There are no changes to benefit amounts, except to correct typographical errors Language was added to the Benefits Statement directing staff to annually review the Consumer Price Index for changes to the surrounding areas cost of living, and to also conduct a salary survey every two years as a part of the budget process This is a review only intended to keep Council apprised of how the City compares to other jurisdictions on pay and benefits Council retains all rights to determine, as a part of the budget process, what to implement or not implement 6 Appendix C - This section has been eliminated from the Personnel Rules It has been moved to the Statement of Benefits, Appendix B Going forward, the Personnel Rules will contain those items that are reviewed and amended by Council based primarily on legislative or judicial changes to the law The Statement of Benefits will contain those items that are reviewed and amended by Council as a part of the City's budgetary process Grouping like items into separate documents will help ensure that the City avoids inadvertently developing future conflicting provisions It also ensures that future review processes will generally only require a review of a single document relevant to the type of review (i a legal, financial, etcL) " FISCAL IMPACT None At this time there are no changes being proposed that would impact the City's budget All benefits are remaining at the current levels No new benefits are being created as a part of this action ATTACHMENTS • Amended Personnel Rules (DOCX) • 2015 Statement of Benefits - Appendix B (DOC) • Personnel Rules Changes (DOCX) • Statement of Benefits Changes (DOCX) • Administrative Procedure - Family and Medical Care Leave (DOCX) • Administrative Procedure - Pregnancy Disability Leave (DOCX) • Administrative Procedure - Reasonable Accommodation and Fitness for Duty (DOCX) • Resolution Adopting Personnel Rules Rescind 2014-070 (DOCX) Reso 2015-XX Adopting Statement of Benefits (DOCX) Packet Pg 81 CITY OF GRAND TERRACE Personnel Rules and Regulations Adopted by Resolution 2015 - _, April 14, 2015 P. Packet Pg 33 2 25 Full -tune Employee 3 226 Furlough 3 227 Interim Appointment 3 228 Intermittent Service 4 229 Layoff 4 230 Leave 4 231 Length of Service 4 232 Non-exempt Employee 4 233 On -Call Employee 4 234 Part-time Employee 4 0 235 Pay Rate 4 a 236 Personnel Officer 4 237 Position 4 c 238 Probationary Employee 4 d a 239 Promotion 4 cOOo 240 Regular Rate of Pay 4 co N 241 Regular Employee 4 242 Probationary Release 4 243 Seasonal Employee 5 c y 244 Skelly Officer 5 a� a m 245 Spouse 5 c 246 Suspension 5 a� a 247 Temporary Appointment 5 E 248 Termination 5 249 Transfer 5 250 Work Day 5 SECTION 3 CLASSIFICATION PLAN 3 1 Classification Plan 6 3 2 Reclassification 6 11 Packet•Pg 85 �7a SECTION 8 OVERTIME 8 1 Work Week 18 82 Regular Rate of Pay 18 83 Overture 18 84 Prior Approval 18 85 Compensatory Tune Off 18 86 Employee Cash Out 18 SECTION 9 PERFORMANCE EVALUATION 9 1 Performance Evaluations for Probationary Employees 19 92 Performance Evaluations for Regular Employees 19 93 Special Evaluations 19 94 Authority 19 95 Performance Evaluation Meeting 19 96 No Appeal Right 19 SECTION 10 VACATION LEAVE AND HOLIDAYS 101 Scheduling of Vacation Leave 20 10 2 Unused Vacation Leave Upon Separation 20 103 Effect of Holiday on Vacation Leave 20 104 Floating Holidays 20 105 Holiday Pay 20 SECTION 11 SICK LEAVE 11 1 Defuution of Sick Leave 21 112 Sick Leave Use 21 113 Abuse of Sick Leave 22 114 Excessive Use of Sick Leave 22 115 Return to Work from Sick Leave 22 SECTION 12 OTHER LEAVES L 12 1 Work Related Court Appearances 23 IV d a: d c c 0 `m a a� c �c c d E w co to U) a> d c c 0 L d a d d E d E as a Packet Pg 87 18 5 Employee Access to Personnel File 37 SECTION 19 OUTSIDE EMPLOYMENT 19 2 Authorization 38 19 3 Determination of Inconsistent Activities 38 19 4 Revocation 39 19 5 Appeal 39 19 6 Use of City Equipment Prohibited 39 d 19 7 Violations and Penalties 39 0: m c 0 SECTION 20 DISCRIMINATION, HARASSMENT AND RETALIATION POLICY a 20 7 Definitions 40 c 20 8 Complaint Procedure 42 20 9 Confidentiality 43 20 10 Responsibilities 44 c00o m f, 20 11 Dissemination of Policy 45 y SECTION 21 POLITICAL ACTIVITY POLICY 46 c 0 fA SECTION 22 DRUG AND ALCOHOL POLICY 48 d a� 22 7 Scope of Policy 48 c 228 Searches 48 d 229 Drug and Alcohol Testing 48 CD 2210 Employee's Responsibilities 49 2211 Management Responsibilities 50 a 2212 Drug -Free Awareness Program 50 SECTION 23 USE OF CITY PROPERTY AND EQUIPMENT POLICY 23 4 Use of City Vehicles 51 23 5 Use of Privately Owned Vehicles 52 23 6 Vehicle Operation Guidelines 53 ' 23 7 Drivers License 54 vi Packet Pg 89 SECTION 1 INTRODUCTION 1 1 Purpose — These personnel rules and regulations of the City of Grand Terrace ("City") are adopted to ensure complete understanding of personnel policies by the City's employees, to develop farness of application throughout the City's several departments, and to serve as guidelines for the administration of Personnel matters The City reserves the right to change or modify the terms and conditions set forth at its discretion and without prior notice to employees These rules do not constitute a contract of employment Nor shall these rules be interpreted to create a property interest in employment with the City 12 Applicability of Rules — Unless otherwise specified in the rules, these rules shall apply to all individuals employed by or volunteering for the City 13 Equal Employment Opportunity — The City affords equal employment opportunity for all qualified employees and applicants as to all terms of employment, including compensation, hiring, training, promotion, transfer, discipline and termination The City prohibits discrimination against employees or applicants for employment on the basis of race, color, religion, sex, gender, gender expression, gender identity, national origin, ancestry, citizenship, age, marital status, physical or mental disability, medical condition, genetic information, sexual orientation, veteran status or any other basis protected by law Employees who believe they have experienced any form of employment discrimination are encouraged to report this immediately using the complaint procedure set forth in the Discrimination, Harassment and Retaliation Policy set forth herem V E PacketPg 91 `— 214 Compensatory Time Off (CTO) — Time accrued or taken off from work, with pay, in lieu of paid overtime compensation 215 Continuous Service — shall mean City service uninterrupted by separation 216 Deferred Compensation — shall mean tax -deferred momes held in an account until tune of termination or retirement from the City 217 Department — shall mean an administrative branch including a group of employees under the immediate charge of a department head 218 Department Head — shall mean the head of a City department, and also N includes the City Clerk 219 Direct Appointment — shall mean an appointment within City service which is authorized to be made foregoing otherwise required recruitment, testing and N appointment processes, typically limited to the City Manager and City Attorney a M c a 220 Domestic Partner — shall mean two adults who have chosen to share one anther's lives in an intimate and committed relationship of mutual caring, as may from time to E time be defined in the California Family Code a 00 221 Eligibility List — shall mean the ranking of eligibility for a vacancy in order of overall qualification, h d 222 Employ — shall mean an individual who is legally an incumbent of a position in the classified service, or who is on leave of authorized absence with the right to return to his position c 223 Exempt Employees — shall mean an employee who is designated by the IL Classification Plan as exempt from the overtime requirements under the Fair Labor Standards Act (FLSA) Exempt employees shall not receive compensation for overtime work Their d monthly salary shall be considered full compensation for all hours worked A list of all current E exempt positions shall be referenced in the City's Classification Plan m 224 Fringe Benefit(s) — shall mean an employment benefit (health insurance, paid holiday, etc ) granted by an employer that involves a money cost without affecting basic wage rates Q 225 Full -tune Employee — shall mean an employee whose position is budgeted to work 40 hours per week Full-time employees receive benefits 226 Furlough — shall mean the temporary modification of normal working hours or benefits for reasons of economy, efficiency or non -disciplinary reason 227 Interim Appointment — shall mean a short-term appointment made from an eligibility list Packet Pg 93 ^V i employee to a position in which the employee previously acquired regular status who did not successfully complete a promotional probationary period 243 Seasonal Employee — shall mean an employee hired on a temporary basis to work only a part of the year due to seasonal employment Seasonal employees do not receive any City benefits 244 Skelly Officer — shall mean the City official designated as having authority to render a final disciplinary decision in the pending matter, typically the department head or equivalent, or the City Manager 245 Spouse — a person with who exists a matrunomal relationship recognized under the laws of the State of California 246 Suspension — shall mean a temporary separation of an employee from City service for disciplinary purposes or pending the completion of an investigation of charges made against an employee Suspensions shall be without pay unless the employee is notified otherwise by the City 247 Temporary Appointment — shall mean an appointment not made from an eligible list for short-term employment of less 1,000 hours per fiscal year or less than 125 days per fiscal year Unless specifically provided herein, temporary employees do not receive any City benefits 248 Termination — shall mean the separation of an employee from City service because of retirement, resignation, death or dismissal 249 Transfer — shall mean assignment of an employee from one position to another position having the same maximum salary range, and requiring substantially the same level of skills A transfer can take place within a department, between departments, between positions of the same class, or between positions of different classes 250 Work Dav — shall mean the scheduled number of hours an employee is required to work per day E a ZO Packet Pg 95 SECTION 4 RECRUITMENT, SELECTION PROCESS AND APPOINTMENTS 41 Job Announcement — Whenever an open competitive examination is to be utilized to fill a position, upon authorization of the Personnel Officer, an appropriate flyer shall be posted on the City's website and as otherwise deemed appropriate by the Personnel Officer The announcement shall include - The title and pay for the position, - FLSA Status (exempt or non-exempt and basis thereof), - The nature of the work to be performed, - The nmmmum qualifications, - A statement whether the position is at -will, - The time and place of the examination, if known, and/or if a psychological examination, and/or a drug screen will be required following a conditional offer of employment, and - Such other information as determined in the discretion of the Personnel Officer In instances where posting a job announcement would detrimentally delay the filling of a vacancy, the City, in its sole discretion, may dispense with this requirement and fill the position from immediately available sources t 42 Application Forms — Job applications shall be made on forms authorized by the Personnel Officer Such forms shall require information covering training, experience, and other pertinent information as deemed necessary by the Personnel Officer Defective, mcomplete, or untimely applications may be returned to the applicant with notice to amend and re -file, provided that the tune for receiving applications has not expired Whenever an application is rejected, notice of such rejection shall be mailed or emailed to the applicant by the Personnel Officer Applications received at times other than following announcements as set forth above shall be destroyed or returned to the applicant at the discretion of the Personnel Officer 43 Disqualification of Applications — The Personnel Officer may reject any application which is not properly completed or which indicates on its face that the applicant does not meet the minimum qualifications for the position Applications may also be rejected for reasons, which, in the judgment of the Personnel Officer would render the applicant unsuitable for the position Whenever an application is rejected, the Personnel Officer shall mail the notice of such rejection to the applicant Defective applications may be returned to the applicant with notice of the defect, provided the time limit for receiving applications has not expired when the defect is detected Although the Personnel Officer is not required to return defective applications, all defective applications during any recruitment must be treated identically 7 ) d 7 o: d 0 N L 0 a tM V _ 0 E a co W to ZI Packet Pg 97 r � (f) Any medical records will be kept confidential and will be kept separately from non -medical personnel records Such records are accessible only by the Personnel Officer, the City's legal counsel, first aid and safety personnel in case of emergency, and supervisors who are responsible for identifying reasonable accommodations Medical records and information contained therein must be released if so required by state or federal law , to ensure the utmost confidentiality required by law, only the minunum necessary amount of information will be released (g) No person shall be denied employment or failed on a pre -employment medical and/or psychological examination because of a physical or mental disability if such person can perform the essential functions of the job for which they received a conditional offer of employment with or without reasonable accommodation unless the applicantlemployee cannot perform the job without presenting a direct threat to the health and safety of himself/herself or others or without creating undue hardship for the City 46 Eli ig b� ility Lists (a) After completion of an open or promotional examination, the Personnel Officer shall prepare an eligibility list consisting of the names of candidates who passed the examination arranged in order of final score from the highest to the lowest (or arranged alphabetically) Jr (b) Notwithstanding any other provision of these rules, if there are less than 3 names on an eligibility list, the Personnel Officer may declare such list void and fill the position by any method permitted by these rules, including but not limited to, undertaking new recruiting and testing procedures (c) Eligibility lists shall become effective upon the certification by the Personnel Officer and remain in effect for 12 months, unless the eligibility list is for a classification for which there is continuous recruitment A successful applicant who has been determined eligible for appointment for a classification for which there is a continuous recruitment shall remain on the list for 12 months (d) A person appearing on an eligibility list shall be removed from the list pursuant to written request by the eligible person, or if the eligible person fails to respond to notification of an opening from the Personnel Officer It is the responsibility of the eligible person to keep the Personnel Officer informed of his/her current address, phone number and other required contact information 47 Appointments (a) The Personnel Officer shall make all appointments other than direct appointments The Personnel Officer shall decide in what manner a vacancy shall be filled Vacancies may be filled by reinstatement, promotion, transfer, demotion, appointment of hourly employees, or from an appropriate eligibility list if available No specific list shall have priority over other lists 9 N d m c c 0 w m a S a c m E a 00 W CD v Packet Pg 99 `f f (d) All probationary employees are at -will employees Accordingly, during the probationary period, a probationary employee may be rejected at any time with or without cause, without notice or appeal, and without any rights set forth under the Discipline Policy and Procedures provided herem 410 Employment of Relatives — (a) The following definitions apply (1) "Relative" means spouse, domestic partner, child, step -child, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, mece, nephew, or in-laws of those enumerated by marriage or domestic partnership (2) "Spouse" means two persons who have a valid marriage, or two people who are registered domestic partners, as that term is defined by California law, Family Code Section 297 et seq (3) "Supervisory relationship" means one in which one employee exercises the right to control, direct, reward, or punish another by virtue of the duties and responsibilities assigned to his or her City appointment tr z (b) Relatives — The City has discretion not to appoint, promote or transfer a person to - a position within the same department in which the person's relative already holds a position, when such employment would result in any of the following (1) A direct or indirect supervisory relationship, (2) The two employees having job duties which require performance of shared duties on the same or related work assignment, (3) Both employees having the same immediate supervisor, or (4) A potential for creating an adverse impact on supervision, safety, security, morale or efficiency that is greater for relatives than for unrelated persons (c) Spouses or Domestic Partners (1) If two City employees who work in the same department become spouses or domestic partners, the Personnel Officer has discretion to transfer one of the employees to a similar position in another department Although the wishes of the employees in question will be given consideration, the Personnel Officer retains sole discretion to determine which employee is to be transferred based upon City needs, operations, or efficiency Any such transfer that results in a salary reduction is not disciplinary and is not subject to any grievance or appeal 11 E a Packet Pg 101 r r' SECTION 5 COMPENSATION 5 1 Compensation Schedule - The compensation schedule for classified service shall include a list of classes of positions by occupational group, with the standard rates of compensation shown for each class All rates shown on the official compensation schedule and conditions set forth therein are in full payment for services rendered and are intended to cover full payment for the number of hours regularly worked in each class 5 2 Pay Ranges - The City has policy pay ranges which define the minimum and maximum pay for each job 5 3 Application of Compensation Schedule - The pay range, as set forth for each classification, shall be applied as follows (a) New Appointments - Each position has a pay range which consists of minimum and maximum rates of pay The minunum rate for the position shall generally apply to new employees with little or no experience within the classification When qualifications and experience warrant, an original appointment or reinstatement may be made at a rate other than the nummum rate The City Manager will decide the new appointment rate based, in part, on the experience and training of the employee and according to the needs of the City (b) Normal Advancements - After a full -tune employee successfully completes six months of service, the employee is eligible for a rate increase It is up to the employee's department head to recommend the amount of increase based on the employee's performance record to the City Manager Thereafter, increases may be considered at annual evaluation dates The date that the employee receives his/her first increase will be the annual evaluation date Employees that demonstrate consistent superior performance may receive advancements outside the normal procedure based on the ment of the performance and the discretion of the City (c) Part -Tune Employees shall be eligible for a ment increase upon satisfactory completion of the first 1,040 hours of service in a new position, and once every 2,080 hours thereafter if supported by a satisfactory performance evaluation (d) Advancement Provisions - No rate advancement shall be made so as to exceed any maximum rate established in the compensation schedule for the class to which the advanced employee's position is allocated, except as otherwise may be provided for in the rules Advancement shall not be automatic, but shall depend upon increased service value of an employee to the City as exemplified by the recommendations of his/her department head, length of service, performance record, special training undertaken, or other pertinent evidence, within the advancement policy established by the compensation schedule The advancement of an employee, therefore, is one in which actual meet and not time alone governs An employee shall be recommended for salary increases only when he/she clearly deserves advancement as indicated by at least a competent rating on 13 E Packet Pg 1073 ] that week Employees assigned to be on -call while not on duty shall remain within the range of the electronic communication device provided to him/her and be available to respond to the specified work site within a half hour When an employee is called out, he/she will be paid for a minimum of two hours at the employee's applicable hourly rate 5 8 Cost of Living Adjustment (COLA) As a part of the City's annual budget process, the City will assess the feasibility of providing a cost of living adjustment to employee salaries (a) Such cost of living adjustment shall be based on the Consumer Price Index - All Urban Consumers (CPT-U) Los Angeles -Riverside -Orange County, CA (b) If the City's budget permits a cost of living adjustment, such adjustment shall be equal to the CPI-U, up to a maximum of 5% a: (c) Unless otherwise required by law or by contract, no cost of living adjustment shall be c given to any class of employees unless all classes are also adjusted c (d) Any allowed cost of living adjustment shall take effect on the first pay -period in d a which the first day of the fiscal year falls CD c S a c 5 9 Salary Schedule Adjustments Every three years, as a part of the City's budget process, the E City shall conduct a salary survey to determine whether existing salary levels are appropriate to a the current job marketco (a) The survey will be conducted for all City positions regardless of whether or not the �o ` position is currently funded d o: (b) Conducting a survey does not create an obligation for the City to implement salary d changes c 2 (c) Unless otherwise required by law or by contract, no rate adjustment shall be given 0.. unless warranted by the salary survey c (d) Any allowed rate adjustment shall take effect on the first pay-penod in which the first m a day of the fiscal year falls 5 10 Council Approval Required No changes to rates shall be made under sections 5 8 and 5 9 c m = without prior approval of the City Council Any such change under this section shall be approved by resolution of the City Council Such resolution shall indicate whether it is a implementing a COLA or amending the Salary Schedule of the City's Classification Plan 15 Packet Pg 105 SECTION 7 ATTENDANCE AND HOURS OF WORK 71 Hours of Work — Work schedules are determined at the sole discretion of the Department Head and are subject to change with or without notice, according to the needs of the department or City An employee shall be in attendance at their work during the hours specified by the Department Head Any unauthorized absence may be cause for disciplinary action, up to and including discharge from employment (a) 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 Ins or her supervisor for any foreseeable absence or deviation from regular working hours 72 Notification of Late Arrival or Absence — An employee who is unexpectedly unable to report for work as scheduled must notify his or her immediate supervisor no later than the scheduled work time and report the expected time of arrival or absence If the employee's immediate supervisor is not available, the employee must notify the Department Head A non- exempt employee who fails to timely notify the supervisor of absences, or who is not present and ready to work during all scheduled work tunes will be deemed to have an unauthorized tardy or absence and will not receive compensation for the period of absence 73 Meal Period — A one hour non -compensated meal period shall be provided to all full-time employees who work at least an eight hour work day A 30 minute non -compensated meal period shall be provided to all full -tune employees who work more than five hours, but less than eight hours during the work day Employees are responsible for taking their own meal period at the approximate mid -point of the shift, unless department rules indicate otherwise 74 Rest Period — A 15 minute compensated rest period will be provided all employees for each four hour period of service The rest period shall be taken at a tune designated by the employee's supervisor The rest periods may not be combined to shorten the workday or to extend the meal period 17 N d o: d 0 L d a c .a d E a co W to Packet Pg 007 a7a f` �i SECTION 9 PERFORMANCE EVALUATION 91 Performance Evaluations for Probationary Employees — Prior to the completion of six months and 12 months during the probationary period, the department head shall furnish the Personnel Officer with a performance evaluation as to the progress of the probationary employee, a copy of which shall also be furnished to the employee (a) The preparation of the six and 12 month performance evaluations shall be mandatory (b) Prior to the completion of three months and nine months during the probationary period, the department head may furnish the Personnel Officer or designee with a performance evaluation as to the progress of the probationary employee, a copy of which shall also be furnished to the employee The preparation of the three and nine month performance evaluations shall be optional 0 H 92 Performance Evaluations for Regular Employees — Performance evaluations for a regular a employee shall be prepared at the time of the employee's salary anniversary dates, provided that = the employee may, in addition, be given a report of performance at any other tune during the year upon his/her own request and/or at the discretion of the Department Head 93 Special Evaluations — Department Heads are authorized to evaluate a subordinate's a co performance as often as he/she deems appropriate v 94 Authority — The Personnel Officer shall determine the appropriate supervisor to prepare d the performance evaluation of an employee The Department Head shall review and approve all performance evaluations of subordinates in his/her department The City Manager shall review d and approve all performance evaluations of Department Heads or any other employees under c his/her supervision d a 95 Performance Evaluation Meeting — Each performance evaluation shall be discussed with the employee The employee shall sign the evaluation to acknowledge its contents Such signature shall not necessarily mean he/she fully endorses the contents of said evaluation E a 96 No Appeal Right — An employee does not have the right to appeal any matter relating to a performance evaluation Instead, the employee may comment on the evaluation in a written E statement which will then be placed with the evaluation in the employee's personnel file The written statement must be submitted within 10 calendar days after the employee receives the a evaluation 19 Packet Pg 10791 r7a SECTION 11 SICK LEAVE 11 1 Definition of Sick Leave — Sick leave is leave from duty which may be granted by the City to an employee because of the employee's own illness, mjury, exposure to contagious disease, or for an illness or injury of a member of the employee's immediate family requiring the employee's attendance, and for medical, dental and optical appointments to the extent that such appointments cannot be scheduled outside the work day (a) An employee's immediate family member shall include the employee's spouse, domestic partner, children, or mother or father 112 Sick Leave Use N d (a) An employee may be granted sick leave only in case of actual sickness as defined above Only one half of the employee's yearly accrued sick leave may be used because of the illness of an immediate family member In the event y that an employee or a member of the employee's immediate family recovers a from any such sickness after being granted sick leave, and during the regularly scheduled hours of work, then such employee shall notify the appropriate -a Immediate supervisor and be available to return to duty (b) In order to apply for sick leave use, an employee shall notify the appropriate a immediate supervisor within one hour before the tune established as the 00 beginning of the employee's work day, unless the City determines that the _ employee's duties require more restrictive reporting Failure to do so without d good reason may result in that day of absence being treated as leave of absence without pay c (c) If the employee is absent on sick leave for more than one day the employee 2 must keep the immediate supervisor informed as to the date the employee a expects to return to work d a (d) Sick leave will not be granted to any employee absent from duty as a result of E any sickness, mJury or disability purposely self-inflicted or caused by willful a misconduct = m E (e) Sick leave will not be granted to any employee absent from duty after M U separation from City service, or during a City authorized leave of absence a without pay, or any other absence from duty not authorized by the City (f) Sick leave will not be granted to any employee to permit an extension of the employee's vacation (g) Sick leave will not be granted to any employee during the first six full calendar months of the employee's employment However, on the successful completion of six months of employment, the employee will be credited with sick leave that would otherwise have been accrued during those six months as provided in this policy 21 Packet Pg 111 SECTION 12 OTHER LEAVES 121 Work Related Court Appearances — An employee who is subpoenaed to appear in court in a matter regarding an event or transaction in the course of his or her City job duties will do so without loss of compensation The time spent will be considered work tune The City shall determine whether the matter is in regards to an event or transaction in the course of the employee's City job duties 122 Other Court Appearances - An employee subpoenaed to appear in court in a matter unrelated to Ins or her City job duties or because of civil or administrative proceedings that he or she initiated does not receive compensation for time spent related to those proceedings An employee may request to receive time off without pay, or may use any accrued leave other than sick leave for time spent related to those proceedings The time spent in these proceedings is not considered work tune 12 3 Jury Duty Leave - An employee who is summoned to serve on a jury must notify his or her supervisor or department head as soon as possible after receiving notice of both possible and actual jury service in order to receive time off for the period of actual service required Employees will receive their regular salary for up to a maximum of 10 working days Regular salary means full pay for the employee's regularly scheduled work hours, which the employee would have received had he or she not been summoned for jury service Employees must submit to the City any fees received from the Court for jury service tune in which the City paid the employee their regular salary The time spent on jury duty is not work time for purposes of i calculating overtime compensation (a) Employees must report to their supervisors if they are unable to attend jury service due to illness or any other reason If an employee does not report to work or jury service during a regularly scheduled work shift, the employee will not be paid unless covered by sick, vacation, or other paid leave (b) If any employee is released from jury service prior to the end of his/her scheduled work hours, the employee must report to work unless otherwise authorized by his/her supervisor 12 4 Military Leave — Military leave shall be granted in accordance with the provisions of state and federal law An employee requesting leave for this purpose shall provide the Department Head 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 Head may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave 12 5 Paid Administrative Leave — The City has the right to place an employee on leave at any time with full pay An employee may be placed on administrative leave pending investigation of misconduct, potential disciplinary action, or other reasons that the Personnel Officer, in his/her discretion, believe warrant such leave The employee does not have a right to appeal the decision to be placed on administrative leave with pay 23 c d E Packet Pg 113 SECTION 13 FAMILY AND MEDICAL CARE LEAVE 13 1 — 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 manner in which such leave is requested, utilized and monitored shall be governed by applicable state and federal laws and regulations Unless otherwise provided by this article, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA 25 P CO to m (A _d 3 d C C O N 01 G. V d _ d E a r _ d r a Packet Pg 115 SECTION 15 RESIGNATION, LAYOFFS AND FURLOUGHS 151 Types of Separation — All separations of employees from positions in City employment shall be designated as one of the following types (b) Resignation, (c) Layoff, (d) Death, (e) Retirement, and (f) Dismissal 15 2 Resignation — An employee who wishes to resign his/her City employment in good standing must submit the resignation to the Personnel Officer at least two weeks prior to the planned separation date Failure to follow the aforementioned procedure may be cause for denying future employment with the City A resignation becomes final when received by the Personnel Officer, and becomes effective on the date stated in the resignation 153 Job Abandonment — An employee is deemed to have resigned if the employee is absent for three consecutive scheduled work shifts without prior authorization and without notification during the period of the absence (a) Such employee will be given an opportunity to explain the absence and failure of notification before final action is taken (b) An employee separated for job abandonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification 15 4 Layoff — Whenever, in the judgment of the City Council, it becomes necessary to abolish any position, the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of appeal City employees shall not have bumping rights (a) Order of Layoffs — The City shall consider seniority, evaluation rating and the needs of the City to determine the order of layoffs 15 5 , Furloughs — In the case that the City implements a work furlough for employees, qualifying employees shall continue to receive the same level health and retirement benefits that existed prior to the furlough 27 E a co to N d a: m c c 0 d a d c a� E a r c m .Ec v M V a$ Packet Pg 117 w 7a 1 r Failure to cooperate with employee's supervisor or fellow employees, s Violation of the City's Drug -Free Workplace Policy, t Violation of the City's Policy Against Harassment, Discrimination and Retaliation, u Violation of the City's Workplace Security Policy, v Unapproved outside employment or activity that violates the City's policy, or other enterprise that constitutes a conflict of interest with service to the City, w Any conduct that impairs, disrupts or causes discredit to the City, the employee's City employment, to the public service, or other employee's employment, x Failure to comply with Cal -OSHA Safety Standards and City safety policies, y Altering, falsifying, and tampering with tune records, or recording tune on another employee's time record, or z Working overtime without prior authorization or refusing to work assigned overtime, as Carrying firearms or other dangerous weapons, and bb Violations of Title XXII (for Child Care Employees) 16 2 Types of Discipline — The following are types of discipline which the City may impose on all employees (a) Oral Warning — An oral warning should include the performance the employee is to take in the future and consequences for failure to correct the problem for which the employee is being warned An oral warning shall be memorialized in writing and retained in the supervisor's file An oral warning may not be appealed under this policy (b) Written Warning — In the event that an employee should need more than an Oral Warning, the employee may be issued a written warning through the filing of an Employee Warning/Incident Report Tlus report is placed in the employee's personnel file and a copy given to the employee with a complete statement regarding reason for such warning A third warning given for the same reason constitutes cause for dismissal A written warning may not be appealed under this policy (c) Suspension Without PaX — The City may suspend an employee from his/her position without pay for up to 30 calendar days for cause Documents related to a suspension shall become part of the employee's personnel file when the suspension is final An employee subject to suspension will receive prior written notice and appeal as provided under this policy l 29 Packet Pg 119 l (2) Response by Employee and Skelly Meeting — If the employee requests a Skelly meeting to respond orally to the charge(s), the designated Skelly officer shall conduct an informal meeting with the employee, at which the employee has an opportunity to rebut the charges against him or her and present any mitigating circumstances The Skelly officer will consider the employee's presentation before any final disciplinary action (3) Final Notice of Discipline to Employ — In the case of disciplinary action of suspension without pay of more than three days, demotion, reduction in pay or dismissal, within five working days, the Skelly officer shall review the information which formed the basis for the action and the employee's response The Skelly officer shall issue a final notice affirming, modifying or rejecting the intended discipline (a) If the final notice unposes discipline it shall set forth the following level of discipline to be unposed and the effective date of the discipline, (b) the specific charges upon which the discipline is based, including the act or omission giving rise to the discipline, (c) all documents or records upon which the discipline is based, and a statement of the nature of the employee's right to appeal (4) The final notice shall be sent by mail method that venfies delivery to the last known address of the employee, or delivered to the employee in person (a) It shall be the responsibility of the employee to inform the City of his/her address (b) If the notice is not deliverable because the employee has moved without notifying the City or the employee refuses to accept delivery, the effective date/of discipline shall be the date the post office attempted delivery (b) Discipline Appeal Procedures — The following discipline appeal procedures shall not apply to the City's at -will employees The City's at -will positions are defined in the City of Grand Terrace Municipal Code Section 2 24 Accordingly, at -will employees may be terminated without cause (1) The following discipline appeal procedure shall only apply in the case of a disciplinary action of suspension without pay of more than three days, demotion, reduction in pay or dismissal (a) Request for Appeal Hearing — An employee who receives a final notice of discipline shall have five working days from receipt of the notice or attempted delivery by the post office of the notice to 31 N d m c 0 d a 0) zz c a) E 00 W W Packet Pg 121 hours will be compensated for the tune they actually testify and for which they are engaged to wait to testify (h) Employee Appearance — The employee shall appear personally before the hearing officer at the tune and place set for the hearing The employee may be represented by any person he or she may select (2) Conduct at the Hearing (a) All testimony shall be by oath or affirmation (b) The conduct and decorum of the hearing shall be under the control of the hearing officer No party or representative shall by written submission or oral presentation disparage the intelligence, mtegrity or personal behavior of their adversaries or the hearing officer (c) Direct and cross-examination of witnesses shall be permitted (d) 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 determining the truth (e) The quantum of proof to be applied by the hearing officer shall be a preponderance of the evidence (f) The hearing officer shall not have the power to alter, amend, change, add to, or subtract from any of the terms of these rules or City Council resolution bearing upon the matter (3) Decision — Within 45 days of the conclusion of the hearing, the hearing officer shall make findings and a recommended decision with reference to the discipline unposed In doing so, the hearing officer's findings and recommendations must address all charges, and shall articulate reasoning which bridges the analytical gap between the evidence and the findings/recommendations (a) If the City Manager, or City Council where the City Manager is not conducting the appeal, did not serve as the hearing officer, he/she/it shall review the findings and recommendations of the designated hearing officer and may then affirm, revoke, or modify the findings, recommendations, or disciplinary action taken (b) The decision of the City Manager/City Council is final except for judicial review pursuant to Code of Civil Procedure § 1094 5 There is no process for reconsideration (c) A copy of the decision shall be sent by mail method that verifies delivery to the last known address of the employee It shall be the 33 Packet Pg 123 -J SECTION 17 GRIEVANCE PROCEDURE 171 A grievance is an alleged violation of a specific provision of these rules and regulations The following grievance procedure shall apply to all City employees, except in instances where the discipline policy and procedures apply The grievance procedure shall not be utilized to challenge a performance evaluation 17 2 Step I Informal Resolution with Supervisor — The employee shall, within ten working days of the event or action being grieved, first attempt to resolve the grievance mformally through discussion with his/her immediate supervisor in order to, in good faith, endeavor to clarify the matter expeditiously and informally at the employee -supervisor level The immediate supervisor shall provide a written response to the grievance within five working days of the employee having initiated the grievance 173 Step II Department Head — If the employee believes that the grievance has not been resolved through Step I, or the immediate supervisor does not provide a response within the period set forth in 17 2 above, the employee may file written grievance with his/her Department Head Such appeal must be filed within 10 working days of the response provided by the supervisor or, in the absence of such response, within ten working days of the expiration of the time within which the supervisor is to have providee a response as set forth in 17 The grievance must provide the specific rule(s) alleged to have been violated, a description of the facts upon which the grievance is based and must be signed by the grievant The Department Head shall consider and discuss the grievance with the grievant and the grievant's designated representative as he/she deems appropriate, and shall, within 10 working days of receipt of the written grievance, submit his/her decision in writing to the grievant 17 4 Step III Personnel Officer — If the employee believes that the grievance has not been resolved through Step II, the employee may appeal the grievance decision of the department head with the Personnel Officer within ten working days of the Department Head response or, in the absence of such response, within ten working days of the expiration of the tune within which the Department head is to have provided a response The appeal must be in writing and provide the specific rule(s) alleged to have been violated, a description of the facts upon which the grievance is based and must be signed by the grievant The Personnel Officer shall consider and discuss the grievance with the grievant and the grievant's designated representative as he/she deems appropriate, and shall, within ten calendar days of receipt of the written grievance, submit lusher decision in writing to the grievant The decision of the Personnel Officer shall be final 17 5 Time Limits — Failure of the City to comply with the time limits of the grievance procedure specified above shall entitle the grievant to appeal to the next level of review Failure of the grievant to comply with the time lumts of the grievance procedure specified above shall constitute abandonment of the grievance The parties may extend time limits by mutual written agreement in advance of the tune limit deadline 35 N d d c c 0 N `m a tM c a m E a 00 W to r c m E L E.1 ZI Packet Pg 1 55 rT� 184 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 The City will not disclose personnel information if it believes doing so 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 Personnel Officer (1) Information will be released only if the employee signs an AUTHORIZATION FOR RELEASE OF EMPLOYMENT INFORMATION in the form attached to this rule, except that without d such authorization, the following limited information will be provided = dates of employment, and salary upon departure d a (2) Department heads and supervisors should not provide information in c response to requests for reference checks or verification of employment, unless specifically approved by the Personnel Officer on a case -by -case E basis a ti 185 Employee Access to Personnel File (a) Inspection of 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 Personnel Officer to arrange an appointment The review must be done in the presence of the Personnel Officer or designee (b) Copies — On request, an employee is entitled to receive a copy of any employment - related document he or she has signed An employee who wishes to receive such a copy should contact the Personnel Officer The City may charge a reasonable fee for the copies (c) In the event the employee wishes to have another person/representative inspect his or her personnel file, the employee must provide the person/representative with written authorization The Personnel Officer will notify the employee of the date, time and place of the inspection in writing It is the employee's responsibility to notify the person to whom the employee has given written authorization of the date, time and place of the inspection (d) Under no circumstances is the employee and/or the employee's designee permitted to add or remove any document or other item from the employee's personnel file during the inspection 37 Packet Pg 127 ` 7a 19 4 Revocation Authorization may be granted for up to one year as noted in the authorization, and is subject to revocation by the Personnel Officer 195 Appeal — Denial or revocation of permission to engage in Outside Employment is subject to appeal pursuant to the grievance procedure set forth in these regulations 19 6 Use of CitEc�uipment Prohibited (a) No City owned equipment, autos, trucks, instruments, tools, supplies, machines, or any other item which is the property of the City shall be used by an employee while said employee is engaged in any outside employment or activity for compensation, for personal use, except upon prior written approval of the City Manager (b) No employee shall allow any unauthorized person to rent, borrow, or use any of the items mentioned in (a) above, except upon prior written approval of the City Manager 197 Violations and Penalties Any violation of the provisions herem contained respecting outside employment or activity and use of City property shall constitute sufficient grounds for disciplinary action, including termination of the employee from the City service 39 N m m c c 0 d a 0 c 'a m E a co co al Packet Pg 1 99 '7a (d) Harassment — Harassment may include, but is not limited to, the following types of behavior that is taken because of a person's protected classification Note that harassment is not limited to conduct that City employees take Under certain circumstances, harassment can also include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public (1) Speech, such as epithets, derogatory comments or slurs, and propositioning on the basis of a protected classification This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race - oriented stones and jokes (2) Physical acts, such as assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement This includes pmchmg, grabbing, patting, propositioning, leering, or making explicit or implied job threats or promises in return for submission to physical acts (3) Visual acts, such as derogatory posters, cartoons, emails, pictures or drawings related to a protected classification (4) Unwanted sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an mdividual's work performance or create an intimidating, hostile, or offensive working environment (e) Guidelines for Identifying Harassment — To help clarify what constitutes harassment in violation of this policy, use the following guidelines (1) Harassment includes any conduct which would be "unwelcome" to an individual of the recipient's same protected classification and which is taken because of the recipient's protected classification (2) It is no defense that the recipient appears to have voluntarily "consented" to the conduct at issue A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized (3) Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome Harassment can evolve over time Small, isolated incidents might be tolerated up to a point The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future 41 E a CO to W fA m d c c 0 N `m a d �a c d E a d E R C Packet Pg 131 policy or of state or federal law, giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred (3) Report a summary of the determmation as to whether a violation occurred to appropriate persons, including the complainant, the alleged violator, the supervisor, and the department head If discipline is mlposed, the level of discipline will not be communicated to the complainant (4) If conduct in violation of this policy occurred, take or recommend to the appointing authority prompt and effective remedial action The remedial action will be commensurate with the seventy of the offense (5) Take reasonable steps to protect the complainant from further harassment, discrimination, or retaliation (6) Take reasonable steps to protect the complainant from retaliation as a result of communicating the complaint (c) The City takes a proactive approach to potential policy violations and will conduct an investigation if its supervisors, or managers become aware that harassment, discrimination, or retaliation may be occurring, regardless of whether the recipient or third party reports a potential violation W,f (d) Option to Report to Outside Administrative Agencies n� — An individual has the option to report harassment, discrimination, or retaliation to the U S Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH) These administrative agencies offer legal remedies and a complaint process The nearest offices are listed in the government section of the telephone book or employees can check the posters that are located on City bulletin boards for office locations and telephone numbers 209 Confidentiality — Every possible effort will be made to assure the confidentiality of complaints made under this policy Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action As a result, confidentiality will be maintained to the extent possible (a) An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by the Personnel Officer (b) Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction (c) The City will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order 43 Packet Pg 333 r ,J ' (4) Fully cooperating with the City's investigations by responding fully, and truthfully to all questions posed during the investigation t (5) Maintaining the confidentiality of any investigation that the employer conducts by not disclosing the substance of any investigatory interview, except as directed by the Personnel Officer (6) Reporting any act he or she believes in good faith constitutes harassment, discrimination, or retaliation as defined in this policy, to his or her immediate supervisor, or department head, or Personnel Officer 20 11 Dissemination of Policy — All employees shall receive a copy of this policy when they are hired The policy may be updated from time to time and redistributed 45 Packet Pg 135 �.. 21 11 In determining whether a reported political activity is improper, management will consider the totality of circumstances, the nature of the act or behavior, and the context in which the reported incident occurred 21 12 Individuals found to have engaged in any form of improper or illegal political activity, as defined by this policy or by law, will be subject to disciplinary action, according to the City's corrective and disciplinary procedures, which will be based on a number of factors including the seventy of the conduct and the past history of the individual's conduct 21 13 Questions about this policy should be directed to the Personnel Officer M ti 47 Packet Pg 137 (1) The City may require a blood test, urinalysis, or other drug and/or alcohol screening of those persons reasonably suspected of using or being under the influence of a drug or alcohol at work (a) Testing must be approved by the Personnel Officer (b) The type of testing to be completed will be determined by the City based on the nature of the substance in question (2) "Reasonable suspicion" is based on objective factors, such as behavior, speech, body odor, appearance, or other evidence 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 (a) In order to receive authority to test, the supervisor must record the factors that support reasonable suspicion and discuss the matter with the Personnel Officer or Department Head (b) If there is a reasonable suspicion of drug or alcohol abuse at work, the employee will be relieved from duty and placed on sick or other paid leave until the test results are received (h) Post -Accident Testing — The City may require alcohol or drug screening following any work -related accident or any violation of safety precautions or i standards, whether or not an mjury resulted from the accident or violation, provided that the "reasonable suspicion" factors described above are present 22 10 Employee's Responsibilities A City employee must (a) Not report to work or be on standby or on -call status while his or her ability to perform job duties is unpaired due to on or off duty alcohol or drug use, (b) Not possess or use controlled substances (illegal drugs or prescription drugs without a prescription) at any time, or use alcohol at any time while on City property or while on duty for the City at any location, (c) Not directly or indirectly through a third party manufacture, sell, distribute, dispense, or provide controlled substances to any person, including any employee, at any time, or manufacture, sell, distribute, dispense or provide alcohol to any employee while either or both are on duty, (d) Notify his or 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, 49 E co m m N d d c 0 N m a d V c m a c m E M 0 co a Packet Pg 1379 f � SECTION 23 USE OF CITY PROPERTY AND EQUIPMENT POLICY 23 1 City property is to be used only for conducting City business unless otherwise authorized City property includes, but is not limited to telephones, cell phones, desks, computers (including hardware and software), file cabinets, lockers, communications stored or transmitted on City property (such as e- and voice -mails), vehicles and any other City property used by City employees in their work Employees do not have a reasonable expectation of privacy in City property or equipment 232 City property may be monitored and searched at any time and for any reason Messages sent or received on City equipment including cell phones may be saved and reviewed by others As a result, City employees have no expectation of privacy in the messages sent or received on City property or equipment 233 Every City employee is required to adhere to all City rules and policies while on City property or using City property or equipment 23 4 Use of City Vehicles — (a) This policy establishes procedures regarding the effective and economical usage of City owned pool and privately owned vehicles operated during the course of City business Use of City owned pool vehicles shall be relied upon as the primary means of vehicle usage for City business, as it provides the greatest control over operating costs, usage, maintenance, inspection and insurance (b) This policy has been approved by the City for use in matters regarding the use of all vehicles operated during the course of City business This policy does not apply to commercial motor vehicles (c ) Assignment of Responsibility — (1) The Personnel Officer shall keep a list of all employees who may be required to drive City owned pool or privately owned vehicles on City business (2) The Personnel Officer shall also be responsible for overseeing the implementation of necessary driver training programs and ensuring that employees who require such training are in attendance (3) All City employees whose duties may require them to drive in the course and scope of employment shall promptly provide insurance and driver license information at the tune City employment is established Employees are to comply with all training and other reporting requirements of this policy 51 Packet Pg 141 ,7 a �- may be general and ongoing where the need to drive in the course and scope of employment is recurrent or ongoing, or, may be specific to a date if the need is an exception to the norm (b) Employees are to contact their personal insurance company if involved in an accident while on City business An Accident Kit must be obtained from the Personnel Officer and kept with the privately owned vehicle while operating on City business (c) It is the responsibility of the individual utilizing his/her privately owned vehicle to maintain accurate records of the purpose and extent of his/her travel, and to make substantiated claims for reimbursement The vehicle and/or mileage allowance is intended to cover the employee's cost of operating the vehicle on City business, including the cost of insurance Further, all operating expenses of the privately owned vehicles are to be borne by the employee This includes, but is not limited to, gasoline, oil, maintenance, wear and tear, depreciation and insurance The reimbursement will be based on the current IRS reimbursement amount (d) The City is not liable for any damage to an employee's personally owned vehicle, unless caused by the City's negligence (employee's negligence excepted) It is the responsibility of the employee operating the velucle to notify the Personnel Officer, the Department of Motor Vehicles, and the employee's insurance company in the case of any accident or damage 23 6 Vehicle Operation Guidelines — Employees shall obey all federal, state and local laws while operating either City owned pool or personally owned vehicles on official City business (a) It is the responsibility of the employee operating either a City owned pool or personally owned vehicle to ensure that all persons in the vehicle fasten seat belts before starting the engine of the vehicle and keep seat belts fastened throughout the travel (b) The vehicle operator is responsible for assuring that all items of cargo, materials or tools are properly secured (c) No person shall be allowed to ride on running boards, fenders, hoods, tailgates, beds or other locations on a vehicle not designed or approved by the vehicle manufacturer for passenger seating An exception to this shall be emergency vehicles and vehicles designed and equipped for passengers outside the cab area (d) Any injuries sustained by the vehicle operator or other employees while operating a vehicle on City business shall be covered by workers' compensation 53 E 4 Packet Pg 143 ,7 a C 11 SECTION 24 ELECTRONIC EQUIPMENT USE POLICY 241 The City provides electronic equipment to employees for use as tools for efficiency in conducting City business (a) Electronic equipment includes instruments/devices such as (i) Landline telephones (11) Mobile/cellular telephones (111) Pagers (iv) Computers (v) Facsimile transmission (fax) machines (vi) Photocopiers with and without scanning capabilities (b) Electronic equipment also includes systems such as (1) E-mail (u) Internet and Intranet (ln) Wireless networks (iv) Data systems (v) Voicemail (vi) City network 242 Electronic equipment access is provided by the City to facilitate the performance of City work (a) Incidental personal use is secondary, should not interfere or conflict with business use or job performance, should clearly indicate that it is personal, not City, usage, and is subject to regulation for cost controls (b) Electronic equipment must be used in compliance with applicable statutes, regulations, and City policies including those that require a work environment free from discrimination and harassment (c) Employees are expected to use common sense and judgment to avoid any communication which is disrespectful, offensive or illegal 243 Electronic equipment, and communications and content sent through the City's electronic equipment (e g e-mail, electronic files, text messages, voicemail), are not confidential 55 Packet Pg 145 .._ (1) Unauthorized attempts to access data or break into any City or non -City system (m) Theft or unauthorized copying of electronic files or data (n) Initiating or sustaining chain/spam letters, e-mail or other unauthorized mass messaging communication (o) Intentional misrepresentation of one's identity for improper or illegal purposes (p) Personal commercial or business activities (e g "for sale" notices, personal ads, etc ) (q) Transmittmg/accessing obscene material and/or pornography (r) E-Commerce (s) Online gambling (t) Installing or downloading unauthorized software or equipment (u) Violating terms of software licensing agreements 24 6 Consequences of Misuse - Employees shall be held accountable for misuse and may be disciplined in accordance with applicable City rules The City reserves the right to restrict or rescind employees' access to electronic equipment at its discretion The City reserves the right to specify how the City's network resources will be used and administered to comply with this ' policy 24 7 Access to Remote Email - Unless specified in writing by the Personnel Officer, non- exempt employees are not authorized to have access to remote email via the web or mobile phone 24 8 City Email — The City's email system is an official communication tool for City business An official email address is established and assigned by the City to each employee the City deems necessary (a) All City communications sent via email will be sent to and from this address City employees must use the official agency email, instead of their private email address (such as yahoo, hotmail, etc ) when communicating agency business via email (b) Should an email related to City business be sent to an employee's personal email account, the email should be immediately forwarded to the employee's City email account and responded to accordingly 249 Cell Phone Use — All City issued cell phones are provided as a tool to conduct City - related business City cell phones are issued on an as -needed basis with the approval of the 57 E a Packet Pg 147 4Z _r00 0 A95191f% C e �AdOy +� ys Ig22�ASS�aO 1 8 o�a�c,S600� 818238 Ra kIn_8 SECTION 25 SOCIAL MEDIA USE POLICY 25 1 The establishment and use by any employee of City social media sites are subject to approval by the City Manager The City Manager will determine the appropriate level of employee access, which includes identifying what social media sources, or type of source, each department or individual is approved to use, as well as define their respective capabilities, i e , publish, edit, comment or view only 25 2 The Personnel Officer will monitor content on City social media sites to ensure adherence to this policy and the interests and goals of the City The City reserves the right to restrict or remove any content that is deemed in violation of this policy or any applicable law City social media sites are subject to the California Public Records Act Any content maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure There shall be no expectation of privacy in any content or comments on City social media sites 25 3 Employee Use of Social Media (a) Employees are prohibited from using City electronic communications resources, or work time, for personal social media use Employees are prohibited from using City email addresses to register on social networks, blogs or other online tools utilized for personal use (b) Employees should avoid posting on any social media site statements, photographs, video or aucho that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage City clients, co- workers, or that might constitute harassment or bullying, particularly where the site or the content thereof might reasonable demonstrate or infer City employee or official City action Examples of such conduct might include offensive posts meant to intentionally harm someone's reputation or posts that could contribute to a hostile work environment on the basis of race, color, religion, sex, gender, gender expression, gender identity, national origin, ancestry, citizenship, age, marital status, physical or mental disability, medical condition, genetic information, sexual orientation, veteran status or any other basis protected by law If the content posted violates any City rule, the employee shall be subject to disciplinary action (c) If an employee creates personal, non -work related content on a social media site and the City is the subject of the content, the employee should be clear and open about the fact that he/she is an employee and make it clear that the views expressed do not represent those of the City, co- workers, City clients, or people working on behalf of the City, and that the employee is not speaking on behalf of City The following disclaimer may be used "The postings on this site are my own and do not necessarily reflect the views of the City " WE S Q Packet Pg 149 (b) The Personnel Officer shall document the incident, including the employee names(s), date/tune, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident, action taken, and provide any other relevant information regarding the incident (c) The Personnel Officer shall take appropriate steps to provide security, such as (1) Placing the employee alleged to have engaged in workplace violence on administrative leave, pending investigation, (2) Asking any threatening or potentially violent person to leave the site, or (3) Iminediately contacting an appropriate law enforcement agency m 266 Investigation tion — The Personnel Officer shall see that reported violations of this policy are N investigated as necessary a M 26 7 Management Responsibility — Each department head has authority to enforce this policy ,=o by d E (a) Training supervisors and subordinates about their responsibilities under this a policy, c,OOc� r (b) Assuring that reports of workplace violence are documented accurately and timely, (c) Notifying the Personnel Officer and/or law enforcement authorities of any incidents, (d) Making all reasonable efforts to maintain a safe and secure workplace, and (e) Maintaining records and follow up actions as to workplace violence reports 26 8 Follow -Up Disciplinary Procedures — An employee found in violation of this policy will be subject to disciplinary action, up to and including termination of employment The City may also direct that an employee submit to a fitness for duty examination In addition, employees found in violation of this policy may be subject to criminal prosecution 61 Packet Pg 1571 ] Therefore, failure to follow the body piercing regulations contained in this section shall be grounds for discipline (a) No objects, articles, jewelry or ornamentation of any kind shall be attached to or through the skin if visible on any body part including the tongue or any part of the mouth except that women may wear one set of reasonably -sized earrings in each ear lobe (b) Any non -conforming piercing shall be removed, covered with a bandage, or replaced with a clear, plastic spacer (c) If an employee has a question about how the piercing policy is applicable to them, the matter should be immediately raised with their supervisor for consideration and determination (d) If an employee has a question about how or whether the Piercing policy is or ought to be applicable to them, the matter should be immediately raised with their supervisor for consideration and determination 27 4 Smoking/Use of Tobacco Products Policy — The City observes a policy of not allowing smoking or the use of smokeless tobacco products in all City -owned vehicles and buildings which includes the Civic Center Complex, the Fire Station, the Child Care Center, the Senior Center, the Chamber of Commerce Office, the EOC Building, and the Maintenance Shop and Offices Smoking not only includes tobacco products, but also e-cigarettes or any other similar product that produces, smoke, aerosol, and/or vapor 63 U) d d c c 0 w L 0 a M c a c 0 E Q co �o ZO ,Packet Pg 1 3 1 City of Grand Terrace Employee Statement of Benefits April 14, 2015 Retirement A Ca1PERS - The City of Grand Terrace provides retirement benefits through the California Public Employees Retirement System (Ca1PERS) All regular employees budgeted a minimum of 20 hours per week shall be enrolled in this Plan 1 The City's current formula is 2 7% at 55, for employees lured prior to January 1, 2013 2 All employees hired after January 1, 2013 and who are eligible under the Public Employees Pension Reform Act (PEPRA) shall be enrolled in the 2% at 60 retirement formula 3 All other employees hired after January 1, 2013 shall be enrolled in the 2% at 62 retirement formula in accordance with PEPRA 4 The City pays 1 418% of the 8% Member Contribution to Ca1PERS Retirement for all employees enrolled prior to January 1, 2013 All employees enrolled after January 1, 2013 shallrpay the full Member Contribution - The retirement contract also includes the following provisions Available to Employees Enrolled Before 01/01/2013 After 01/01/2013 Single Highest Year Yes No Three Year Final Compensation No Yes 1959 Survivor Benefit (4t` Level) Yes Yes Military Service Credit Yes Yes B 457 Deferred Compensation - All employees shall be entitled to participate in the City's 457 Deferred Compensation Plan C Alternate Retirement System - Except where required by law or by contract, all employees budgeted less than 20 hours per week or employees who have been placed on the City payroll on a temporary basis shall participate in the City's Alternate Retirement System (ARS) 1 The ARS plan is provided in lieu of participation in Social Security, and as such shall be updated as necessary to comply with current regulations -1— Packet Pg 154 }7b 4 Any employee whose current accrued Sick Leave is in excess of 480 hours shall retain the hours they currently have No additional hours will be accrued until their Sick Leave bank drops below 480 hours 5 Any employee who separates from the City after five (5) years of service, for reasons other than disciplinary cause, shall be compensated for 40% of all unused sick leave 6 Family Sick Leave — An employee shall be entitled to use up to half of their annual sick leave accruals to care for a child or spouse who is injured or ill 7 Bereavement Leave — An employee may use up to 3 days of sick leave in any twelve-month period as bereavement leave for the death of a family member A family member is defined as a spouse/domestic partner, parent, sibling, child, grandchild, or grandparent of the employee or of the employee's spouse/domestic partner o N 8 Options on Retirement — Ca1PERS rules have additional provisions for unused sick a� leave All employees who are retiring under the Ca1PERS plan are eligible to participate in c such provisions in accordance with the Ca1PERS regulations which are current at the time of c the employee's retirement m E 9 Reimbursement for Unused Sick Leave During Employment — Suspended (See 00 Furlough Provisions) `O cu a) Any regular full-time regular employee who has used 40 hours or less sick m leave during the calendar year shall be entitled to be reimbursed for up to 40 hours .x—o of unused accrued sick leave so long as the employee's remaining accrued sick leave balance does not fall below 80 hours as a result of the reimbursement b) Regular part-time employees that are budgeted to work 20 or more hours per week shall be entitled to be reimbursed for a percentage of their accrued sick leave based on a prorated percentage of hours worked as compared to 40 hours for a full- time employee so long as the employee's remaining accrued sick leave balance does not fall below the same prorated percentage of 80 hours c) Reimbursement for accrued sick leave for a calendar year shall not be available to employees terminating on or before December 31 of that same calendar year d) Sick Leave Sell Back Form - In order to receive reimbursement for accrued `q sick leave, all eligible employees shall complete a Sick Leave Sell Back Form, m which is available in the Human Resources office The completed form must be E provided to the Personnel Officer by no later than the first week of January of the following calendar year Q G Vacation - Each regular full-time and regular part-time employee budgeted for 20 or more hours per week, with the exception of non-exempt Child Care employees, shall be credited with annual vacation leave according to their number of years of service as follows 1 Full -Time Employees shall accrue vacation leave according to the following schedule -3— Packet Pg 556 �7b New Year's Day Veteran's Day Martin Luther King's Birthday Day before Thanksgiving President's Day Thanksgiving Day Memorial Day Christmas Eve Independence Day Christmas Day Labor Day New Year's Eve Columbus Day 2 Floating Holidays 1 For Full -Time Employees credited with Floating Holiday Leave after April 14, 2015, a floating holiday shall equal 8 hours 2 Part -Tune Employees budgeted at least 20 hours per week shall receive floating holidays on a pro-rata basis = c 0 3 Any employee scheduled to work on a City Holiday and who works the holiday, shall be credited with additional floating holiday hours equal to the hours actually worked on o- the holiday 4 At the City Manager's discretion, floating holidays may be used for the closure of d City Hall during the Christmas holidays a 00 5 In order to receive Holiday Pay, an employee must be in a paid status on the day before and the day after the holiday 77, IV Employee Health Plan A City of Grand Terrace Employee Health Plan includes major medical, dental, and vision insurances, the Employee Assistance Program, and the Cafeteria Plan To be considered a part of the City's Employee Health Plan, the City must have a negotiated contract with the benefit provider to include specific rates for City of Grand Terrace employees B All regular employees budgeted 20+ hours per week are eligible to participate in the City's Employee Health Plan C The Benefit Allowance as paid under the City's Cafeteria Plan is intended to offset the employee's out-of-pocket expenses under this plan D All aspects of the Employee Health Plan are eligible for continuation under Federal COBRA c regulations Further, if the employee qualifies for such, the major medical insurance maybe eligible N for further continuation provisions under Cal -COBRA E 1 Eligibility — All individuals who meet the following criteria are eligible to c=, participate in the Employee Health Plan a) City of Grand Terrace employees budgeted for 20 or more hours a week b) Spouse or registered domestic partner of a participating employee c) Legally qualifying dependents of a participating employee and/or of the employee's spouse or registered domestic partner -5— Packet Pg 158 c) Adoption Assistance Account d) The type(s) of FSAs available is determined by the IRS and is thus subject to change by the Federal Government e) FSA's are subject to annual contribution limits as established by the IRS f) Expenses paid from an FSA may not be claimed as a deduction on an employee's tax return F Major Medical Insurance — The City is currently contracted with Ca1PERS for major medical insurance In accordance with the terms of the contract, the City shall pay for insurance for an eligible employee as follows Type of Employee Years of Service Amount Paid City Hall — Non -Exempt N/A Amount equal to the Regular Employee budgeted 20+ Net Value Plan, hours, Employee Only Coverage Exempt ,Employee Child Care —Non-Exempt N/A Set by Ca1PERS in Regular Employee, budgeted accordance with GC 20+ hours §22892 (2) G Dental Insurance — The City has contracted for a choice of either an HMO or a PPO plan Premiums are paid by the employee H Vision Insurance — The City has contracted for Vision Insurance Premiums are paid by the employee I Employee Assistance Plan — The City offers an Employee Assistance Plan at no cost to the employee The Employee Assistance Program provides confidential counseling referrals and other services to employees V Other Insurances The City is contracted for the following additional insurance plans These insurance plans are available to all regular employees budgeted 20 or more hours per week and are not considered a part of the Employee Health Plan A Life Insurance — The City provides basic term life insurance for employees and their eligible dependents subject to the following limits 1 Employee — Amount equal to covered annual earnings 2 Dependent - $3,000 00 -7- a Packet Pg 160 IX Furlough Provisions The City of Grand Terrace employees are under mutually agreed furlough provisions These provisions are a temporary cost savings measure and shall remain in force as follows until such tune as the budget permits abolishing this section A City Hall Employees — City Hall employees have agreed to the following 1 No Merit Increases — Became effective July 1, 2009 2 No COLA (Cost of Living Adjustment) — Became effective July 1, 2009 m 3 Sick Leave Sell Back Program Suspended — Became effective July 1, 2010 0 N d 4 Ten Percent (10%) Reduction in Hours — Became effective May 17, 2010 This a changed employee hours from 40/week to 36/week This resulted in a 10% decrease in work c schedule, wages, and benefits based on wages This applies to full-time employees only m 5 Part -Time Employees — No work week reduction for part -tune employees with no Q benefits, or for part-time employees for which such a reduction would terminate a current 00 benefit (e g health insurance) tto f � B Child Care Employees — Child Care employees have agreed to the following 1 No Merit Increases — Became effective July 1, 2009 2 No COLA (Cost of Living Adjustment) — Became effective July 1, 2009 3 Sick Leave Sell Back Program Suspended — Became effective July 1, 2010 4 Ten Percent (10%) Reduction in Benefit Allowance — Became effective May 17, 2010 5 Benefit Allowance level advancement based on years of service was frozen — Became effective May 17, 2010 v - 9 — Packet Pg 1672 Personnel Rules Changes Resolution 2014-070 Personnel Rules Statement of Benefits Administrative Procedures Section 1 - Introduction Unchanged Section 2 — Definitions Added Direct Appointment & Skelly Officer Moved Spouse & Domestic Partner Section 3 — Classification Plan Unchanged Section 4 — Recruitment, Deleted - Section 4 5 (h) Selection Process & Examinations — 2nd Appointments opinion Section 5 - Compensation Changed to Compensation is defined by the City's Compensation Plan Originally adopted as Resolution 2015-XX and inclusive of any subsequent amendments Section 6 — Health and Defined in the Statement Retirement Benefits of Benefits Originally adopted as Resolution 2015-XX and inclusive of any subsequent amendments Section 7 — Attendance and Hours of Work Unchanged Section 8 — Overtime Minor clarifications to CTO provisions Section 9 — Performance Unchanged Evaluation Section 10 — Vacation Leave and Holidays Renumbered Section 10 1 Section 11— Sick Leave Unchanged Section 12 — Other Leaves Unchanged Section 13 — Family and Section 13 1 remains in Section 13 1 in part Medical Leave part and all of sections 132-1321 Section 14 — Pregnancy Section 14 1 remains in Section 14 1 in part Disability Leave part and all of sections 142-145 Section 15 — Reasonable Accommodation and E a 00 cc m U) a) cm R U CA a) m c c 0 m a r c m E cc ZO Packet Pg 163 Changes to Statement of Benefits Section Statement of Benefits Effective April 14, 2015 Personnel Rules I Compensation a-k Not included Moved to Section 5 - Compensation I Compensation I-n In Section VI Additional Pays I Compensation o Deleted I Compensation p In Section VIII Employees Hired Under Employment Agreement 2 Health & Retirement Renamed Employee Health Plan Benefits a,b,d 2 Health & Retirement Removed from definition of Employee Benefits c — Other Health Plan and placed in section V Insurance Coverage Other Insurances 2 Health & Retirement In Section I Retirement Benefits e — Retirement Benefits 117 Reimbursement for In Section II Leaves, F Sick Leave, #9 Unused Sick Leave During Employment Appendix C — Furlough Provisions In Section IX Furlough Provisions E Q Packet Pg 165 City of Grand Terrace Administrative Policy Title Family and Medical Care Leave Department Human Resources Policy # References # of Pages FMLA & CFRA Page 1 of 9 Approved By Effective Date 04/15/2015 SECTION 1 FAMILY AND MEDICAL CARE LEAVE 1 1 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 that are not specifically set forth below are set forth in the Department of Labor regulations implementmg the Federal Family and Medical Leave Act of 1993 ("FMLA"), and the regulations of the California Family Rights Act ("CFRA") Unless otherwise provided by this article, "Leave" under this article shall mean leave pursuant to the FMLA and CFRA 12 Definitions (a) "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 (b) "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 servicemember and ends 12 months after that date (c) "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, legal ward, or a child of a person standing in loco parentas 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 (d) "Parent" means the biological parent of an employee or an individual who stands or stood in loco parentas (in place of a parent) to an employee when the employee was a child This term does not include parents-m-law (e) "Spouse" means a husband or a wife as defined or recognized under California state law for purposes of marriage Packet Pg 166 2 Continues over an extended period of time (including recurring episodes of a single underlying condition), and 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 4 A period of incapacity that 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 health care provider 5 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 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 (h) "Health Care Provider" means (1) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery in the State of California, (2) Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, which directly treats or supervises treatment of a serious health condition, (3) 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 (4) Nurse practitioners and nurse -midwives and clinical social workers 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, Packet Pg 168 (b) The placement of a child with an employee in connection with the adoption or foster care of a child (c) Leave to care for a child, parent, spouse, or domestic partner who has a serious health condition, or (1) Leave because of a serious health condition that makes the employee aNi unable to perform the functions of his/her position, Or m (2) Leave for a "qualifying exigency" may be taken arising out of the fact that an employee's spouse, son, daughter, or parent is on active duty or N call to active duty status in the National Guard or Reserves in support of a a contingency operation (under the FMLA only, not the CFRA), or rn c (3) Leave to care for a spouse, son, daughter, parent, or "next of kin" servicemember of the United States Armed Forces who has a serious E injury or illness incurred in the line of duty while on active military duty C (this leave can run up to 26 weeks of unpaid leave during a single 12- co month period) (under the FMLA only, not the CFRA)to 14 Employees Eligible For Leave — An employee is eligible for leave if the employee (a) Has been employed for at least 12 months, and (b) Has been employed for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave (c) 15 Amount Of Leave — Eligible employees are entitled to a total of 12 workweeks (or 26 work weeks to care for a covered servicemember) of leave during any 12-month period 16 Mimmum 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 employee is entitled to leave for one of these purposes (e g bonding with a newborn) for at least one day, but less than two weeks duration on any occasions If leave is requested to care for a child, parent, spouse or the employee him/herself with 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 17 Spouses Both Employ the City — In any case in which a spouses or domestic a partners both 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 (1 e bonding leave or 26 work weeks if leave is taken to care for a covered servicemember) This limitation does not apply to any other type of leave under this policy 18 Employee Benefits While On Leave — Leave under this policy is unpaid While on unpaid 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 However, employees must Packet Pg 170 Emplo, e�quests Accrued Leave without Mentioning FMLA or CFRA — If an employee requests to utilize accrued vacation leave or other accrued paid tune off 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 require the employee to exhaust accrued leave as described above 1 12 Medical Certification — Employees who request leave for their own serious health condition or to care for a child, parent or a spouse who has 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 essential functions of his/her position 1 13 Time To Provide a Certification —When an employee's leave is foreseeable and at least 30 days' notice has been provided, if a 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 114 Conseauences for Failure to Provide an Adeauate or Timelv Certification — If an r employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency 1 However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of FMLA/CFRA leave until required certification is provided 1 15 Recertification — 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 recertification 1 16 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 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 1 17 Employee Notice of Leave — Although the City recognizes that emergencies apse which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for 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 day(s) (e g for the birth of a child or to take care of a f� �i c aD E s �a 1r Packet Pg 172 1 19 Required Forms When leave is forseeable, employees must fill out the following applicable forms in connection with leave under this policy (a) "Request For Family or Medical Leave Form" prepared by the City to be eligible for leave (1) Note Employees will receive a City response to their request, which will set forth certain conditions of the leave (b) Medical, certification either for the employee's own serious health condition or for the serious health condition of a child, parent or spouse, (c) Authorization for payroll deductions for benefit plan coverage continuation, and (d) Fitness for duty to return from leave form When leave is not forseeable, upon City's receipt of notice, the employee or the employee's representative if the employee is unavailable, will be required to fill out the forms listed above Packet Pg 174 r City of Grand Terrace Administrative Policy Title Pregnancy Disability Leave Department Human Resources Policy # References # of Pages PDL, FMLA, CFRA Page 1 of 2 Approved By Effective Date 04/15/2015 SECTION 1 PREGNANCY DISABILITY LEAVE 1 1 An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid pregnancy disability leave for up to the number of hours the employee would normally work within four calendar months, wluch is defined as 17 1/3 weeks For a full-time employee who works 40 hours per week, the employee shall be entitled to up to 693 hours of leave Employees who work less than 40 hours per week will receive a pro rata or proportional amount of leave 12 Notice & Certification Requirements f (a) Requests for pregnancy disability leave must be submitted in writing and must be approved by the employee's department head before the leave begins The request must be supported by a written certification from the attending physician stating that the employee is disabled from working by pregnancy, childbirth or a related medical condition The certification must state the expected duration of the disability and the expected date of return to work (b) All leaves must be confirmed in writing, have an agreed -upon specific date of return, and be submitted to the department director prior to being taken Requests for an extension of leave must be submitted in writing to the department head prior to the agreed date of return and must The supported by a written certification of the attending physician that the employee continues to be disabled by pregnancy, childbirth, or a related medical condition The maximum pregnancy disability leave is four months 13 Compensation During Leave — Pregnancy disability leaves are without pay However, the employee may first use accrued sick leave, vacation leave, and then any other accrued paid tune off during the leave 14 Benefits DuringLeave eave (a) An employee on pregnancy disability leave may receive any group health insurance coverage that was provided before the leave on the same terms as m d d c O L d a a) c c Q E a CO W to Packet Pg 175 City of Grand Terrace Administrative Policy Title Department Policy # Reasonable Accommodation and Human Resources Fitness for Duty References # of Pages ADA, FEHA Page 1 of 3 Approved By Effective Date 04/15/2015 SECTION 1 REASONABLE ACCOMMODATION AND FITNESS FOR DUTY 1 1 Reasonable Accommodation — The City provides employment - related reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act and the Americans with Disabilities Act - (a) Request for Accommodation — An employee who desires a reasonable accommodation in order to perform essential job functions should make such a request, preferably in writing, to the Personnel Officer The request must identify a) the job -related functions at issue, and b) the desired accommodation(s) (b) Reasonable Documentation of Disabihty — Following receipt of the request, the Personnel Officer may require additional information, such as reasonable documentation of the existence of a disability 12 Fitness for Duty Examination (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 Personnel Officer 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 evidence (1) The employee appears to be unable to perform or has difficulty performing one or more essential functions of his or her job, and d E r R V zo Packet Pg 177 (g) Determination — After the discussions, the Personnel Officer will review the information received, and determine whether additional discussions with the employee are necessary, if there is a reasonable accommodation that would enable the employee to perform essential job functions, or if the accommodations would pose an undue hardship on City finances or operations The Personnel Officer will inform the employee of his or her determination The = Personnel Officer will use his or her discretion based upon the particular facts of each case d a c z3 c E a co co m ZI Packet Pg 179 RESOLUTION NO 2015 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING PERSONNEL RULES, REGULATIONS AND POLICIES AND RESCINDING RESOLUTION NO 2014-070 N d WHEREAS, the City Council is authorized and directed under the provisions of Chapter 2 24 of the Grand Terrace Municipal Code to adopt provisions for compensation of personnel created in said Municipal Code Chapter, and, c 2 d WHEREAS, the objectives of these rules are to facilitate efficient and economical °- services to the public and to provide for an equitable system of personnel management, and, S a c d WHEREAS, at the same time, within the limits of administrative feasibility, considerable E latitude shall be given to the City Manager in the interpretation and application of these rules so co that they are applied equitably, and, WHEREAS, from time to time these rules must be revised due to changes in the best ti practices in personnel management, and federal and state law 9 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ti} DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS Section 1 Resolution No 2014-070, which includes the City of Grand Terrace Personnel Rules and Regulations, is hereby rescinded Section 2 The Personnel Rules and Regulations, attached hereto as Exhibit A, are hereby adopted Section 3 All City rules, policies or regulations that contradict any provision of the Personnel Rules and Regulations are hereby rescinded PASSED, APPROVED AND ADOPTED by the City Council of Grand Terrace at a regular meeting held on the 14th day of April, 2015 by the following vote AYES NOES m E ABSENT a ABSTAIN Packet Pg 180 RESOLUTION NO 2015 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING A STATEMENT OF BENEFITS WHEREAS, the City Council is authorized and directed under the provisions of Chapter 2 24 of the Grand Terrace Municipal Code to adopt provisions for compensation of personnel created in said Municipal Code Chapter, and, y a� 5 WHEREAS, the objectives of the Statement of Benefits are to attract to municipal service the W best and most competent persons available and to provide for an equitable system of personnel compensation, and, C 2 G) WHEREAS, at the same time, within the limits of administrative feasibility, considerable IL latitude shall be given to the City Manager in the interpretation and application of these benefits -=—a so that they are applied equitably, and, Q WHEREAS, from time to time these benefits must be revised due to budgetary changes ca NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS Section 1 The Statement of Benefits, attached hereto as Exhibit A, are hereby adopted Section 2 All City rules, policies or regulations that contradict any provision of the Statement of Benefits are hereby rescinded PASSED, APPROVED AND ADOPTED by the City Council of Grand Terrace at a regular meeting held on the 14th day of April, 2015 by the following vote AYES NOES ABSENT ABSTAIN ATTEST Pat Jacquez-Nares City Clerk Darcy McNaboe Mayor Packet Pg 182 �[ilTfs siL�i:� REPORT AGENDA MEETING DATE April 14, 2015 Council Item TITLE Amendment to the City's Personnel Ordinance PRESENTED BY Kris Harapan, Human Resources Technician RECOMMENDATION INTRODUCE AND READ BY TITLE ONLY ORDINANCE NO 2015-XX RESCINDING ALL PRIOR ORDINANCES RELATING TO PERSONNEL ADMINISTRATION AND ESTABLISHING A PERSONNEL SYSTEM AND PROVIDING FOR THE ADOPTION OF RULES AND REGULATIONS FOR THE ADMINISTRATION OF PERSONNEL MATTERS 2030 VISION STATEMENT This staff report supports Goal #1, "Ensuring Our Fiscal Viability", by providing updated personnel regulations and policies that are in compliance with state and federal mandates A consistent set of rules will help promote and maintain the adopted Core Value of maintaining a "Positive and Productive Work Environment' BACKGROUND On April 26, 1979, the City Council adopted Ordinance Number 12, Establishing an Employee/Personnel System and Providing for the Adoption of Rules and Regulations for the Administration of Personnel Matters This ordinance has never been updated DISCUSSION Over the years employment laws and best practices have changed which has resulted in some portions of this ordinance no longer being in compliance with current laws such as equal employment opportunity statutes Additionally, the City's Personnel Rules have been updated and now contain many of the provisions that are also in Ordinance 12 In order to bring the City's personnel ordinance into compliance with current regulations and to better align it with the City's current personnel rules, staff is requesting that Ordinance 12 be repealed and replaced with the proposed ordinance Since much of the language from Ordinance 12 is now in the personnel rules, that language has been eliminated from the new proposed ordinance (See Attachment A - Packet Pg 184 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE CITY OF GRAND TERRACE MUNICIPAL CODE BY RESCINDING THE CURRENT CHAPTER 2 24 (PERSONNEL SYSTEM) AND ADDING A NEW CHAPTER 2 24 (PERSONNEL SYSTEM) RELATING TO PERSONNEL ADMINISTRATION AND ESTABLISHING A PERSONNEL SYSTEM AND PROVIDING FOR THE ADOPTION OF RULES AND REGULATIONS FOR THE ADMINISTRATION OF PERSONNEL MATTERS WHEREAS, the City Council has recently adopted new personnel rules and regulations, and WHEREAS, it is necessary to revise the Personnel System section of the Municipal code in order to avoid duplication and to insure that the ordinance and the personnel rules and regulations work together harmoniously NOW THEREFORE, THE CITY COUNCIL OF THE GRAND TERRACE DOES ORDAIN AS FOLLOWS SECTION 1 The City Council finds that all the facts, findings, and conclusions set forth above in this Ordinance are true and correct SECTON 2 The City Council hereby rescinds Chapter 2 24 (Personnel System) of Title 2 (Administration and Personnel) of the Grand Terrace Municipal Code in its entirety SECTION 3 The City Council hereby amends Title 2 (Administration and Personnel) of the Grand Terrace Municipal Code with the addition of the following new Chapter 2 24 (Personnel System) as follows CHAPTER 2 24 — PERSONNEL SYSTEM 2 24 010 - Adoption of personnel system In order to establish an equitable and uniform procedure for dealing with personnel matters, to attract to municipal service the best and most competent 0 persons available, to assure that appointments and promotions of employees will 4.1 be based on merit and fitness as determined by competitive test, and to provide E a reasonable degree of security for qualified employees, the following personnel system is hereby adopted a 2 24 020 - Applicability of chapter to all city officers and employees — Exceptions Packet Pg 186 2 24 060 - Position abolishment authorized when Whenever in the judgment of the City Council it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, then the city council may abolish any position or employment in the city service and lay off, demote or transfer any employee holding such position or employment without filing written charges and without permitting the right of appeal in accordance with procedures defined in the personnel rules This section shall not be interpreted as voiding restrictions and rules regarding employee rights in the case of disciplinary actions 2 24 070 - Right to contract for services The City Manager shall consider and make recommendations to the City Council regarding the extent to which the City should contract for the performance of technical or administrative services in connection with the operation of the City The City Council may contract with any qualified person or agency for the performance of any technical or administrative service 2 24 080 — Conflicting Provisions Repealed E V All other ordinances, resolutions, and minute orders of the City of Grand Terrace, d sections or sentences thereof, in conflict with this ordinance and any rules and a regulations promulgated prior to the effective date of this Ordinance are hereby declared repealed This provision does not apply to any ordinances and/or / resolutions -relating to the California Public Employees Retirement System SECTION 3 If any section, subsection, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance The City Council of the City of Grand Terrace hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases may be declared invalid or unconstitutional SECTION 4 The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the same manner required by law This Ordinance shall become effective thirty (30) days from and after its passage PASSED, APPROVED, and ADOPTED this _ day of 12015 r- a) E ATTEST a Darcy McNaboe Pat Jacquez-Nares Mayor City Clerk Packet Pg 188 n8.b h �r Attachment A - Comparison of Ordinance 12 to New Ordinance & Personnel Rules Ordinance 12 New Ordinance Personnel Rules Article I Section 11 —Adoption of Section 1 Personnel System Section 2 — Personnel Officer Section 3 Section,3 — Powers & Duties of Section 3 the Personnel Officer Section 4 —Applicability of Section 2 Appendix A (modify) Article , Section,5 — Officers & Employees Section 2 Excepted from Personnel System Section 16 — Right to Contract for Performance of Personnel Administrative Services Section 7 -Appointments Section 4 - Recruitment, Selection Process & Appointments Article II Section 1— Personnel Rules & Section 4 — Personnel Rules Regulations, Recommendation Generally of Adoption to City Council Section 2 — Content of Rules & Regulations Section 3 — Use of Age N/A N/A Restrictions as Qualifications for Employment Section,4 — Improper Political Section 22 — Political Activity Activity Policy Section 5 — Probationary Period Section 4 9 Probationary Employment Section 6 — Retention of Employment During Satisfactory Performance Section 7 — Demotion, Dismissal, Section 17 — Dismissal Policy & Reduction in Pay, Suspension Procedures Section 8 — Right to Appeal Section 17 4 — Discipline Appeal Procedures Section'9 —Vacancies Pending Appeal From Removal From Office Deemed Temporary, Filling Temporary Vacancies Section 10 —Applicability of Section 12 —Applicability of Rules to Certain Exempt Rules Positions Section 11- Discrimination Section 13 — Equal Employment Opportunity „ Packet P.g 190 . ,,. CITY OF GRAND TERRACE � CITY COUNCIL AGENDA • APRIL 14, 2015 Council Chambers Special Meeting Grand Terrace Civic Center • 22795 Barton Road 430PM The City of Grand Terrace complies with the Americans with Disabilities Act of 1990 If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk Speakers will be called upon by the Mayor at the appropriate time Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours In addition, such documents will be posted on the City's website at www grandterrace-ca gov <http //www grandterrace-ca gov> CALL TO ORDER Convene City Council ROLL CALL Attendee Name ", ` Present, ; wAbsent- -Late Arrived . Mayor Darcy McNaboe ❑ ❑ ❑ Mayor Pro Tern Sylvia Robles ❑ ❑ ❑ Council Member Jackie Mitchell Q 0 ❑ Council Member Doug Wilson ❑ ❑ Council Member Bill Hussey ❑ ❑ 40-1 A PUBLIC COMMENT This is the opportunity for members of the public to comment on items on the agenda only At a special meeting of the ,City Council, pursuant to California law, the City Council will only be taking public comment on items listed on the agenda This is the opportunity for members of the public to comment on any items not appearing on the regular agenda Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification The Mayor may also request, a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting City of Grand Terrace Page 1 Agenda Grand Terrace City Council April 14, 2015 RECESS TO CLOSED SESSION B CLOSED SESSION 1 Public Employee Appointment Pursuant to Government Code Section 54957 Title City Manager RECONVENE TO OPEN SESSION REPORT FROM CLOSED SESSION ADJOURN The Next Regular City Council Meeting will be held on Tuesday, April 14, 2015 at 6 00 pm Agenda item requests must be submitted in writing to the City Clerk's office no later than 14 calendar days preceding the meeting City of Grand Terrace Page 2 ♦,, CITY OF GRAND TERRACE CITY COUNCIL AGENDA • APRIL 14, 2016 Council Chambers Regular Meeting 6 00 PM Grand Terrace Civic Center • 22795 Barton Road The City of Grand Terrace complies with the Americans with Disabilities Act of 1990 If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk Speakers will be called upon by the Mayor at the appropriate time Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours In addition, such documents will be posted on the City's website at www grandterrace-ca gov <http //www grandterrace-ca gov> CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Invocation Pledge of Allegiance ROLL CALL Attendee Name Present "Absent Late Arrived Mayor Darcy McNaboe ❑ ❑ ❑ Mayor Pro Tern Sylvia Robles ❑ ❑ ❑ Council Member Jackie Mitchell ❑ ❑ ❑ Council Member Doug Wilson ❑ ❑ ❑ Council Member Bill Hussey ❑ ❑ ❑ A SPECIAL PRESENTATIONS Presentation of a Proclamation for DMV Donate for Life Month (April) Presentation of a Proclamation for Child Abuse Prevention Month (April) Presentation of a Proclamation for Blue Ribbon Week May 11-15 City of Grand Terrace Page 1 Agenda Grand Terrace City Council April 14, 2015 B CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial They will be acted upon by the City Council at one time without discussion Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent calendar for discussion Waive Full Reading of Ordinances on Agenda DEPARTMENT CITY CLERK 2 Approval of Minutes — Regular Meeting — 03/24/2015 DEPARTMENT CITY CLERK 3 Monthly Financial Report for February 2015 RECOMMENDATION Receive and file the Monthly Financial Report for the period ending February 28, 2015 DEPARTMENT FINANCE 4 MS4 NPDES Stormwater Permit Renewal Participation and Joint Defense Agreement RECOMMENDATION Approve the NPDES Joint Defense Agreement between the City the County of San Bernardino as Principal Permittee, the fifteen area cities as Co-Permittees and Squire Patton and Boggs as Counsel to the NPDES Program DEPARTMENT COMMUNITY DEVELOPMENT C PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting D CITY COUNCIL COMMUNICATIONS Council Member Bill Hussey Council Member Doug Wilson City of Grand Terrace Page 2 Agenda Grand Terrace City Council I April 14, 2015 E F G 5 Council Member Jackie Mitchell Mayor Pro Tern Sylvia Robles Mayor Darcy McNaboe PUBLIC HEARINGS - NONE UNFINISHED BUSINESS - NONE NEW BUSINESS Approval of an Agreement for Animal Control and Shelter Services with City of San Bernardino RECOMMENDATION Approve an Agreement between the City of Grand Terrace and the City of San Bernardino for animal control and shelter services in the amount of $ 149,535 per year with the option to extend the contract for two additional one (1) year terms, and to include a CPI increase on July 1 St of each contract year DEPARTMENT COMMUNITY DEVELOPMENT Delegating Authority to the City Manager to Set the City Hall Holiday Closure Schedule RECOMMENDATION Staff is recommending that Council approve Resolution 2015-XX delegating authority to the City Manager to set the City Hall closure schedule over the Christmas/New Year's holiday DEPARTMENT CITY MANAGER 7 Amendment to the Personnel Rules and Establishment of the Statement of Benefits RECOMMENDATION 1 ADOPT RESOLUTION NO 2015-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING PERSONNEL RULES, REGULATIONS AND POLICIES AND RESCINDING RESOLUTION NO 2014-070, and 2 ADOPT RESOLUTION 2015-XX OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING A STATEMENT OF BENEFITS DEPARTMENT CITY MANAGER City of Grand Terrace Page 3 Agenda Grand Terrace City Council April 14, 2015 8 Amendment to the City's Personnel Ordinance RECOMMENDATION INTRODUCE AND READ BY TITLE ONLY ORDINANCE NO 2015-XX RESCINDING ALL PRIOR ORDINANCES RELATING TO PERSONNEL ADMINISTRATION AND ESTABLISHING A PERSONNEL SYSTEM AND PROVIDING FOR THE ADOPTION OF RULES AND REGULATIONS FOR THE ADMINISTRATION OF PERSONNEL MATTERS DEPARTMENT CITY MANAGER H CITY MANAGER COMMUNICATIONS RECESS TO CLOSED SESSION CLOSED SESSION 9 Conference with Legal Counsel -Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956 9 One Potential Case RECONVENE TO OPEN SESSION REPORT OUT OF CLOSED SESSION ADJOURN The Next Regular City Council Meeting will be held on Tuesday, April 28, 2015 at 6 00 pm Agenda item requests must be submitted in writing to the City Clerk's office no later than 14 calendar days preceding the meeting City of Grand Terrace Page 4 I_1 CITY OF GRAND TERRACE CITY COUNCIL AGENDA • APRIL 14, 2015 , Council Chambers Regular Meeting 6 00 PM Grand Terrace Civic Center . 22795 Barton Road The City of Grand Terrace complies with the Americans with Disabilities Act of 1990 If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk Speakers will be called upon by the Mayor at the appropriate time Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours In addition, such documents will be posted on the City's website at www grandterrace-ca clov <http //www grandterrace-ca gov> CALL TO ORDER U 0 1 JarYl At this time, I will convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Invocation Will Council Member Wilson please offer the Invocation Pledge of Allegiance Please join ii2tl "moo -e�l in leading us in the Pledge of Allegiance ROLL CALL Would the City Clerk please call the roll Attendee Name- ° " 6 . `; °" "Preset ` - ,,Absent, , "Late Arrived Mayor Darcy McNaboe ❑ ❑ Mayor Pro Tern Sylvia Robles CY ❑ ❑ Council Member Jackie Mitchell ❑ ❑ Council Member Doug Wilson Car, ❑ ❑ Council Member Bill Hussey IT ❑ ❑ SPECIAL PRESENTATIONS Presentation of a Proclamation for DMV Donate for Life Month (April) Susan Van Campen, Donate Life Ambassador for One Legacy, will accept this Proclamation��G , City of Grand Terrace Page 1 Agenda Grand Terrace City Council April 14, 2015 Presentation of a Proclamation for Child Abuse Prevention Month (April) ZI Clark Morrow, Crime Prevention Program Coordinator at the San Bernardino �p County Sheriffs, please accept this Proclamation AeCM l Presentation of a Proclamation for Blue Ribbon Week May 11-15 A representative from the San Bernardino Sheriffs Department will accept this Proclamation A i/&U4LC- TkzL4 L� 721o&&,a Aea66 44v-Atw'. B CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial They will be acted upon by the City Council at one time without discussion Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent calendar for discussion Do I have a motion? \ Do I have a second? Please vote 5 '0 Waive Full Reading of Ordinances on Agenda DEPARTMENT CITY CLERK 2 Approval o Mrnufies — Re • MI bZb%.—" , "" 015 DEPARTMENT CITY CLERK 3 Monthly Financial Report for February 2015 RECOMMENDATION Receive and file the Monthly Financial Report for the period ending February 28, 2015 DEPARTMENT FINANCE 4 MS4 NPDES Stormwater Permit Renewal Participation and -Joint Defense Agreement RECOMMENDATION Approve, the NPDES Joint Defense Agreement between the City the ♦ounty of a V. Wr�nar4 rn � as Principal Permittee, the fifteen area cities as Co-Permittees and Squire Patton and Boggs as Counsel to the NPDES Program DEPARTMENT COMMUNITY DEVELOPMENT City of Grand Terrace - Page 2 Agenda IGrand Terrace City Council April 14, 2015 C C E F G PUBLIC COMMENT This is the opportunity for members of the public to comment,on any items not appearing on the regular agenda Because of restrictions contained in California Law, the City,Council may not discuss or act on any item not on the agenda, but may briefly respond to statements made -or ask a question for clarification The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting CITY COUNCIL COMMUNICATIONS This is the time for City Council Communications Council Member Bill Huss y-y/�/�� 0-14,e &,4,e& -60LO a � U�Gez1� cn- 2 B,6 *jn - �e 6ClouftndbVilemybeRoug Wilson, � � azmn"_G n pC bp 4L�� G�c�n eac moire C.�.�ii6�sl°c�. Council Member Jackie Mitchell -.Vt&/� AltIAAd ualr� W � .Rarer � 4-51vuw a'&C�- vn - �k2 V U�C riSeux ►} Mayor ro em y viaK�y Y �e�s -� a6 bs� � Ce�� , ,�Hcc�e6� Li1,e C¢Q�ua," Mayor Darcy McNaboe "` e_'�p a , seti c PUBLIC, HEfiRINGOWL I UNFINISHED BUSINESS - NONE i NEW BUSINESS 5 Approval of an jA91 em��for Animal Control and Shelter Services with City of San BernardinoA&ry� 1, r, RECOMMENDATION, Approve an Agreement between the City of Grand Terrace and the City of San Bernardino for animal control and shelter services in the amount of $ 149,535 per year with the option to extend the contract for two additional one (1) year terms, and to include a CPI increase on July 1st of each contract year DEPARTMENT COMMUNITY DEVELOPMENT May we, have a staff report pleases ea,13'e City of Grand Terrace Page 3 Agenda Grand Terrace City Council April 14, 2015 Does Council have any Questions for Staff? W 1 [Son - MJeAd Are there any Public Speakers? kLoriQ, Do I have a motion?` Do I have a second? Council, Discussion Vv c�� s�2c,�- ue'e'w� Please vote ,5 fp STAFF WOULD LIKE TO TAKE ITEMS 6.7 & 8 IN REVERSE ORDER 8 Amendment to the City's Personnel Ordinance RECOMMENDATION � P-,Z- l� INTRODUCE AND READ BY TITLE ONLY ORDINANCE NO 2r RESCINDING ALL PRIOR ORDINANCES RELATING TO PERSONNEL ADMINISTRATION AND ESTABLISHING A PERSONNEL SYSTEM AND PROVIDING FOR THE ADOPTION OF RULES AND REGULATIONS FOR THE ADMINISTRATION OF PERSONNEL MATTERS DEPARTMENT CITY MANAGER �1 May we have ,a staff report please? 11 rls Does Council have any Questions for Staff? /lam Are there any Public Speakers? R aytZ., Do I have a motion? Do I have a second? sq Council Discussion U Please vote Jam— D 7 Amendment to the Personnel Rules and Establishmen of the Statement of Benefits ^.� Z0 RECOMMENDATION 5 b5 1 ADOPT RE — OLUTI,QN �N@�O5,'-'Xk - A RESOLUTION OF THE CITY COUNCIL OF THE CID TERRACE ADOPTING PERSONNEL RULES, REGULATIONS AND POLICIE=S/AND RESCINDING RESOLUTION NO 2014-070, and V ��LO 2 ADOPT ffMM I®N ," L F THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING A STATEMENT OF BENEFITS DEPARTMENT l CITY MANAGER City of Grand Terrace Page 4 Agenda Grand Terrace City Council April 14, 2015 May we have a staff report please? P ��3 4-La04/A �i�� Does Council have any Questions for Staff? Ill%' l S Are there any Public Speakers? Do I have a motion? UD \ 150-xz c) j 6Vw1J'bP' Do I have a second? P-W,16se4 O WVP Council Discussion sus •�' Please vote 6 Delegating Authority to the City Manager to Set the City Hall Holiday Closure Schedule RECOMMENDATION ©r[ Staff is recommending that Council approve Re olution 2015XWk delegating authority to the City Manager to set the City Hall closure schedule over the Christmas/New Year's holiday ` DEPARTMENT CITY MANAGER May we have a staff report please? Kk-i S Does Council have any Questions for Staff? Are there any Public Speakers*7 /Lcy-e- Do I have a motion? Do I have a seconds Council Discussion Please vote 5_ O H CITY MANAGER COMMUNICATIONS Interim City Manager Jacobs do you have any comments RECESS TO CLOSED SESSION 7'42 p.m At this time we will recess to Closed Session to consider the following CLOSED SESSION 9 Conference with Legal Counsel -Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956 9 One Potential Case City of Grand Terrace Page 5 Agenda Grand Terrace City Council April 14, 2015 RECONVENE TO OPEN SESSION qcl � At this time we will reconvene to Open Session both the Regular and Special Meetings REPORT OUT OF CLOSED SESSION /% k - Mayor to report any actions from the closed session ADJOURN -7 : 50 p j, l-n . The Next Regular City Council Meeting will be held on Tuesday, April 28, 2015 at 600pm Agenda item requests must be submitted in writing to the City Clerk's office no later than 14 calendar days preceding the meeting I - City of Grand Terrace - Page 6 (20 u� V OM I SAVE THE DATE DUNE 269 2015 6.30PM GRADUATION FOR THE CLASS OF 2015 PRESCHOOL (ALLIGATOR & MONKEY CLASS) 21810 Main St Grand Terrace The Graduation will be at Grand Terrace High School More mformation to follow -69 a F CITY OF GRAND TERRACE -0 CITY COUNCIL y AGENDA a APRIL 14, 2015 Council Chambers Special Meeting 4 30 PM Grand Terrace Civic Center a 22795 Barton Road I-1 The City of Grand Terrace complies with the Americans with Disabilities Act of 1990 If you require special assistance to participate in this meeting, please call the City Clerk's office at,(909) 824-6621 at least 48 hours prior to the meeting If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk Speakers will be called upon by the Mayor at the appropriate time Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours In addition, such documents will be posted on the City's website at www grandterracewww grandterrace-cagoov <httq //www grandterrace-ca aov> CALL TO ORDER At this time, I will convene City Council Special Meeting 6Y-Y&k ROLL CALL Would the City Clerk please call the roll I Attendee Name Present Absent Late Arrived Mayor Darcy McNaboe ❑ ❑ Mayor Pro Tern Sylvia Robles ❑ ❑ Council Member Jackie Mitchell IT ❑ ❑ r Council Member Doug Wilson [ ❑ ❑ Council Member Bill Hussey ❑ ❑ PUBLIC COMMENT-- M (Y- 1 This is the opportunity for members of the public to comment on items on the agenda only At a special meeting of the City Council, pursuant to California law, the City Council will only be taking public comment on items listed on the agenda This is the opportunity for members of the public to comment on any items not appearing on the regular agenda Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting City of Grand Terrace Page 1 Agenda Grand Terrace City Council April 14, 2015 RECESS TO CLOSED SESSION i�' :?5 2 P M . At this time we will recess to Closed Session to consider the following B CLOSED SESSION 1 Public Employee Appointment Pursuant to Government Code Section 54957 Title City Manager RECONVENE TO OPEN SESSION 5 • 1� m' At this time we will reconvene to Open Session both the Regular and Special Meetings REPORT OUT OF CLOSED SESSIONd�Ls��-f,�` Mayor to report any actions from the closed session I'`� A) lel� ADJOURN 5 : 5 % The Next Regular City Council Meeting will be held on Tuesday, April 14, 2015 at 600pm Agenda item requests must be submitted in writing to the City Clerk's office no later than 14 calendar days preceding the meeting City of Grand Terrace Page 2 CITY OF GRAND TERRACE CITY COUNCIL MEETING REQUEST TO SPEAK FORM DECORUM AND ORDER — PUBLIC — The City, elected by the public, must be free to discuss issues confronting the City in an orderly environment Public members attendmg Council meetings shall observe the same rules of order and decorum applicable to the Council Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending a Council meeting shall be requested to leave the room, and such person may be barred from further audience before the Council t f, DATE NAME " Ct-- i ADDRESS / ygo, J PHONE NUMBER (Please provide if information is being requested) AGENDA ITEM NUMBER YOU WISH TO SPEAK ON �6 l SUBJECT l T v M Q RA D TERRRC s ��M DATE NAME CITY OF GRAND TERRACE CITY COUNCIL MEETING REQUEST TO SPEAK FORM DECORUM AND ORDER — PUBLIC — The City, elected by the public, must be free to discuss issues confronting the City to an orderly environment Public members attending Council meetings shall observe the same rules of order and decorum applicable to the Council Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending a Council meeting shall be requested to leave the room, and such person may be barred from further audience before the Council ADDRESS 9-- S� 7 PHONE NUMBER (Please provide if information is being requested) (� AGENDA ITEM NUMBER YOU WISH TO SPEAK ON G Gi- J � � C C d wl 01 'eq SUBJECT G T a ( 0 DATE CITY OF GRAND TERRACE CITY COUNCIL MEETING 2 REQUEST TO SPEAK FORM DECORUM AND ORDER — PUBLIC — The City, elected by the public, must be free to discuss issues confronting the City in an orderly environment Public members attending Council meetings shall observe the same rules of order and decorum applicable to the Council Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending a Council meeting shall be requested to leave the room, and such person may be barred from further audience before the Council 9 —1 k� —) 15- (�V vf�") ��- 1) ADDRESS 3u 1 ,S W A— I'Al V k PHONE NUMBER (Please provide if information is being requested) AGENDA ITEM NUMBER YOU WISH TO SPEAK ON L �i l� (�M m uv"'7 SUBJECT