CITY OF BUELLTON
CITY COUNCIL AGENDA
Regular Meeting of March 12, 2026 – 6:00 p.m.
City Council Chambers, 140 West Highway 246
Buellton, California
Council meetings will be conducted in person and the public is welcome to attend.
Written comments will not be read aloud but can be sent to the City Council via email at [email protected] (please reference agenda item number/subject matter, and include your name and address). The public can observe Council meetings via City TV Live Stream at:
http://www.cityofbuellton.com/government/cityTV.php
CALL TO ORDER
Mayor David Silva
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members, Hudson Hornick, Elysia Lewis and John Sanchez, Vice Mayor Carla Mead and Mayor David Silva
REORDERING OF AGENDA
PRESENTATIONS
PUBLIC COMMENTS – NON-AGENDIZED ITEMS
Speaker slips must be completed and submitted to the City Clerk prior to the commencement of the meeting. Any person may address the Council only on matters pertaining to City business that are not listed on the agenda. Comments on agendized items, including Public Hearing items, the Consent Agenda, and Closed Session items, shall be taken at the time designated for those items. Speaker slips will not be accepted once public comment has opened for an item.
Each speaker is limited to three (3) minutes. Speakers using a translator are allotted a total of six (6) minutes, unless simultaneous translation equipment is used. By law, no action may be taken at this meeting on matters raised during Public Comments.
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City Council Meeting Agenda Page 2 March 12, 2026
CONSENT CALENDAR (ACTION)
The following items are considered routine and non-controversial and are scheduled for consideration as a group. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Members of the Public may speak on Consent Agenda items during the Public Comment period.
1. Minutes of February 26, 2026, Regular City Council Meeting
2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2025/2026
3. Monthly Treasurer’s Report - January 31, 2026
(Staff Contact: Finance Director Shannel Zamora)
4. Ordinance No. 26-01 – “An Ordinance of the City Council, of the City of Buellton, California, Revising City of Buellton Municipal Code Section 2.12 Regarding City Clerk” (Second Reading)
(Staff Contact: City Clerk Linda Reid)
5. Ordinance No. 26-02 – “An Ordinance of the City Council of the City of Buellton, California, Revising Title 19 (Zoning) of the Buellton Municipal Code Regarding Outdoor Lighting” (Second Reading)
(Staff Contact: Associate Planner Cara Miralles)
Resolution No. 26-05 – “A Resolution of the City Council of the City of Buellton, California, Adopting Updated Community Design Guidelines and Superseding Prior Versions”
(Staff Contact: Associate Planner Cara Miralles)
6. Resolution No. 26-04 - “A Resolution of the City Council of the City of Buellton, California, Adopting the Measure A Five-Year Local Program of Projects for Fiscal Years 2026/2027 - 2030/2031”
(Staff Contact: Public Works Director Rose Hess)
PUBLIC HEARINGS (POSSIBLE ACTION)
7. Ordinance No. 26-03 – “An Ordinance of the City Council of the City of Buellton, California, Amending Chapter 3.28.060 of the Buellton Municipal Code Pertaining to Registration Requirements of Hotel Operators Subject to Transient Occupancy Tax, and Adding Chapter 19.06.290 of the Buellton Municipal Code Pertaining to the Operation of Hotels for Short Term Rental Use Only (25-ZOA-01)” (Introduction and First Reading)
(Staff Contact: City Manager Scott Wolfe)
COUNCIL MEMBER COMMENTS/ITEMS
This Agenda listing allows Council Members to provide comments regarding recent events, contributions made or received, and future requests from City Council Members to staff. 2 of 247
City Council Meeting Agenda Page 3 March 12, 2026
WRITTEN COMMUNICATIONS
Written communications are included in the agenda packets. Any Council Member, the City Manager, or City Attorney may request that a written communication be read into the record.
COMMITTEE REPORTS
This Agenda listing is the opportunity for Council Members to give verbal Committee Reports on any meetings recently held for which the Council Members are the City representatives thereto.
BUSINESS ITEMS (POSSIBLE ACTION)
8. Consideration to Enter into a Contract with Kosmont Companies for the Preparation of the Economic Development Element of the General Plan and General Economic Development Services
(Staff Contact: Planning Director Andrea Keefer)
9. Resolution No. 26-03 - “A Resolution of the City Council of the City of Buellton, California, Adopting Updated Personnel Rules and Policies for City Employees” (Staff Contact: City Clerk/H.R. Director Linda Reid)
CITY MANAGER’S REPORT
CLOSED SESSION ITEMS (POSSIBLE ACTION)
10. Closed Session Pursuant to California Government Code Section 54956.9(d)(4) Potential Initiation of Litigation
ADJOURNMENT
The next regular meeting of the City Council will be held on Thursday, March 26, 2026 at 6:00 p.m.
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City Manager Review: SW
Council Agenda Item No.: 1
CITY OF BUELLTON
CITY COUNCIL MEETING MINUTES
Regular Meeting of February 26, 2026
City Council Chambers, 140 West Highway 246
Buellton, California
CALL TO ORDER
Mayor Silva called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Council Member John Sanchez, Council Member Hudson Hornick, Council Member Elysia Lewis, Vice Mayor Carla Mead, and Mayor David Silva
Staff: City Manager Scott Wolfe, City Attorney Stephanie Gutierrez, Planning Director Andrea Keefer, Associate Planner Cara Miralles, Finance Director Shannel Zamora (Via Zoom), Deputy City Clerk Katherine Dary, and City Clerk Linda Reid
REORDERING OF AGENDA
None
PRESENTATIONS
None
PUBLIC COMMENTS
Richard Kusmitch, Buellton, expressed concerns regarding proposed Assembly Bill 1421 and the lack of public information.
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City Council Meeting Minutes Page 2 February 26, 2026
CONSENT CALENDAR
1. Minutes of February 12, 2026, Regular City Council Meeting
2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2025/2026
3. Public Disclosure of Donations Received by the City of Buellton During January 2026 MOTION:
Motion by Council Member Lewis, seconded by Council Member Hornick, approving Consent Calendar Items 1 through 3 as listed.
VOTE:
Motion passed by a roll call vote of 5-0 for Item Nos. 2-3.
Motion passed by roll call vote of 4-0-1 for Item No. 1 Council Member Hornick – Yes
Council Member Lewis – Yes as to Item Nos. 2-3; Abstain as to Item No. 1 Council Member Sanchez – Yes
Vice Mayor Mead – Yes
Mayor Silva – Yes
PUBLIC HEARINGS
4. Ordinance No. 26-01 – “An Ordinance of the City Council, of the City of Buellton, California, Revising City of Buellton Municipal Code Section 2.12 Regarding City Clerk” (Introduction and First Reading)
RECOMMENDATION:
That the City Council consider the introduction and first reading of Ordinance No. 26-01.
STAFF REPORT:
City Clerk/HR Director Reid presented the staff report.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
Mayor Silva opened the public hearing regarding Ordinance No. 26-01 at 6:10 p.m. There being no public comment, Mayor Silva closed the public hearing at 6:11 p.m.
The City Council discussed checks and balances, ethical considerations, and organizational clarity related to the City Clerk’s dual roles.
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City Council Meeting Minutes Page 3 February 26, 2026
MOTION:
Motion by Mayor Silva, seconded by Council Member Lewis, approving the introduction and first reading of Ordinance No. 26-01 – “An Ordinance of the City Council, of the City of Buellton, California, Revising City of Buellton Municipal Code Section 2.12 Regarding City Clerk” by title only and waive further reading.
VOTE:
Motion passed by a roll call vote of 5-0.
Council Member Hornick – Yes
Council Member Lewis – Yes
Council Member Sanchez – Yes
Vice Mayor Mead – Yes
Mayor Silva – Yes
5. Ordinance No. 26-02 – “An Ordinance of the City Council of the City of Buellton, California, Revising Title 19 (Zoning) of the Buellton Municipal Code Regarding Outdoor Lighting” (Introduction and First Reading)
RECOMMENDATION:
That the City Council consider the introduction and first reading of Ordinance No. 26-02.
STAFF REPORT:
Associate Planner Miralles presented the staff report.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
Mayor Silva opened the public hearing regarding Ordinance No. 26-02 at 6:30 p.m.
Theresa Reilly spoke on behalf of We Watch Board of Directors and read a letter into the record in support of the proposed Outdoor Lighting Ordinance.
There being no further public comment, Mayor Silva closed the public hearing at 6:34 p.m.
The City Council discussion included public safety lighting, Kelvin temperature standards, Avenue of Flags lighting, enforcement, and retrofit considerations.
MOTION:
Motion by Council Member Lewis, seconded by Council Member Hornick, approving the introduction and first reading of Ordinance No. 26-02 – “An Ordinance of the City Council of the City of Buellton, California, Revising Title 19 (Zoning) of the Buellton Municipal Code Regarding Outdoor Lighting” by title only and waive further reading and direct staff to prepare a Resolution to update the Community Design Guidelines to be effective in coordination with Ordinance No. 26-02.
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City Council Meeting Minutes Page 4 February 26, 2026
VOTE:
Motion passed by a roll call vote of 5-0.
Council Member Hornick – Yes
Council Member Lewis – Yes
Council Member Sanchez – Yes
Vice Mayor Mead – Yes
Mayor Silva – Yes
COUNCIL MEMBER COMMENTS/ITEMS
Council Member Sanchez reported a concern regarding the roadway surface at the south end of McMurray Road and requested staff to take appropriate action.
Vice Mayor Mead thanked the Buellton Chamber of Commerce for hosting a ribbon cutting for the grand opening of Jersey Mike’s Subs.
Vice Mayor Mead acknowledged Santa Barbara Humane, Santa Ynez Valley Humane Society & DAWG, and ASAP Cats for their collaboration during World Spay Day, which provided spay and neuter services to local families.
Vice Mayor Mead reported that she attended the Youth Making Change (YMC) award event through the Santa Barbara Foundation recognizing local youth grant recipients.
Mayor Silva reported community concerns received during Coffee with the Mayor regarding roadway, sidewalk, and weed conditions in various locations and requested that staff and Caltrans follow-up as appropriate.
WRITTEN COMMUNICATIONS
None
COMMITTEE REPORTS
Council Member Hornick reported that he attended the Hundred Hills Willemsen Green Ad Hoc Committee meeting virtually and provided an oral report.
Council Member Sanchez reported that he attended a meeting with the Buellton Visitors Bureau and provided an oral report.
Council Member Sanchez reported that he attended the Central Coast Water Authority (CCWA) Board meeting and provided an oral report.
Mayor Silva thanked Council Member Hornick and staff for attending the Hundred Hills Willemsen Green Ad Hoc Committee meeting and thanked community members for completing the Willemsen Green survey.
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City Council Meeting Minutes Page 5 February 26, 2026
Mayor Silva reported that he attended the Santa Barbara County Association of Governments (SBCAG) meeting and provided an oral report.
BUSINESS ITEMS
6. Establishment of City Council Priorities for 2026
RECOMMENDATION:
Staff recommend that the City Council approve Items 1-12 on Attachment 1 as the official 2026 City Council Priorities.
STAFF REPORT:
City Manager Wolfe presented the staff report.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
The City Council discussed priorities, including Highway 246 improvements.
MOTION:
Motion by Council Member Sanchez, seconded by Council Member Lewis, approving Items 1-12 on Attachment 1 as the official 2026 City Council Priorities.
VOTE:
Motion passed by a roll call vote of 5-0.
Council Member Hornick – Yes
Council Member Lewis – Yes
Council Member Sanchez – Yes
Vice Mayor Mead – Yes
Mayor Silva – Yes
7. Resolution No. 26-02 – “A Resolution of the City Council of the City of Buellton, California, Fixing the Employer’s Contribution Under the Public Employees’ Medical and Hospital Care Act at an Equal Amount for Employees and Annuitants and Revoking Resolution No. 25-17”
Council Member Sanchez recused himself from this item due to a conflict of interest with Agenda Item 7 and left the dais.
RECOMMENDATION:
That the City Council consider adoption of Resolution No. 26-02.
STAFF REPORT:
Finance Director Zamora presented the staff report.
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City Council Meeting Minutes Page 6 February 26, 2026
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
The City Council discussed premium rates and cash-in-lieu provisions. Staff will return with an informational update in November.
MOTION:
Motion by Mayor Silva, seconded by Vice Mayor Mead, approving Resolution No. 26-02 – “A Resolution of the City Council of the City of Buellton, California, Fixing the Employer’s Contribution Under the Public Employees’ Medical and Hospital Care Act at an Equal Amount for Employees and Annuitants and Revoking Resolution No. 25-17” VOTE:
Motion passed by a roll call vote of 4-0.
Council Member Hornick – Yes
Council Member Lewis – Yes
Vice Mayor Mead – Yes
Mayor Silva – Yes
8. Report and Request for Direction from Friends of the Buellton Library RECOMMENDATION:
Staff recommends that the City Council receive the FOBL report and provide direction to FOBL as deemed appropriate.
STAFF REPORT:
City Manager Wolfe presented the staff report.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
Holly Sierra, President of Friends of the Buellton Library, presented updates including furniture purchases, events, art installations, book sales, and mobile library bike programming.
The City Council discussion included outdoor seating, expanded programming, public art policy considerations, and long-term maintenance planning.
DIRECTION:
The City Council encouraged continued coordination with staff and relevant committees. 9 of 247
City Council Meeting Minutes Page 7 February 26, 2026
9. SYV Holiday Lights Festival Sponsorship Request
Council Member Sanchez recused himself from this item due to a conflict of interest with Agenda Item 9 and left the dais.
RECOMMENDATION:
That the City Council discuss and – if determined appropriate – approve sponsorship funding in the amount of $10,000 to offset event expenses for the SYV Holiday Lights Festival.
STAFF REPORT:
Finance Director Zamora presented the staff report.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
Derek Glas, President of Santa Ynez Valley Botanic Garden spoke in support of the Holiday Lights Festival sponsorship request.
The City Council discussed recurring funding considerations and potential acquisition of City-owned portable lighting equipment. Staff was directed to explore equipment options.
MOTION:
Motion by Council Member Lewis, seconded by Council Member Hornick, approving the sponsorship funding in the amount of $10,000 to offset event expenses for the Holiday Lights Festival.
VOTE:
Motion passed by a roll call vote of 4-0.
Council Member Hornick – Yes
Council Member Lewis – Yes
Vice Mayor Mead – Yes
Mayor Silva – Yes
10. Consideration of a License Agreement for the Operation of a Farmer’s Market on Avenue of Flags Medians 2 & 3 (APNs 099-293-001 & 099-284-001) RECOMMENDATION:
That the City Council consider entering into a License Agreement with Brenda Browning, the Farmer’s Market operator, to allow for a weekly Farmer’s Market on Avenue of Flags Medians 2 & 3.
STAFF REPORT:
Planning Director Keefer presented the staff report.
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City Council Meeting Minutes Page 8 February 26, 2026
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
Brenda Browning, the Farmer’s market licensee, addressed the Council and responded to questions.
City Council discussion included amplified music limitations, signage, vendor management, parking, business outreach, and enforcement of a no-dogs policy.
MOTION:
Motion by Council Member Lewis, seconded by Council Member Sanchez, approving the License Agreement for the Operation of a Farmer’s Market on Avenue of Flags Medians 2 & 3.
VOTE:
Motion passed by a roll call vote of 5-0.
Council Member Hornick – Yes
Council Member Lewis – Yes
Council Member Sanchez – Yes
Vice Mayor Mead – Yes
Mayor Silva – Yes
CITY MANAGER’S REPORT
City Manager Wolfe provided an informational report for the record.
CLOSED SESSION ITEMS
11. Closed Session Pursuant to California Government Code Section 54956.9(d)(4) Potential Initiation of Litigation
The City Council met in closed session to discuss Item 11. No reportable action was taken.
12. Closed Session Pursuant to California Government Code Section 54956.9(d)(2) and (e)(1) Facts Creating Significant Exposure to Litigation Not Known to Potential Plaintiffs
Council Member Hornick left the dais at 9:12 p.m., prior to the discussion of Item 12. The City Council met in closed session to discuss Item 12. No reportable action was taken. 11 of 247
City Council Meeting Minutes Page 9 February 26, 2026
ADJOURNMENT
Mayor Silva adjourned the regular meeting at 9:26 p.m. The next regular meeting of the City Council will be held on Thursday, March 12, 2026, at 6:00 p.m. ____________________________
David Silva
Mayor
_______________________________
Katherine Dary
Deputy City Clerk
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CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 2
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: March 12, 2026
Subject: List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2025/2026
______________________________________________________________________________
BACKGROUND
Staff is required to submit a check register to the City Council for approval every Council meeting for the most recently completed check register (Attachment 1).
The check register for the period 2/14/2026 through 2/27/2026 has been prepared in accordance with Government Code section 37202 and Buellton Municipal Code section
3.08.070. The check register lists all vendor payments for the specified period above, along with claimant’s name, a brief description of the goods or service purchased, amount of demand, check number, check date and the account number(s) associated with each payment.
The total amount of checks and electronic fund transfers issued for the period of 2/14/2026 through 2/27/2026 was $182,179.87.
FISCAL IMPACT
Payments made to the various vendors were consistent with the approved City’s Budget for 2/14/2026 through 2/27/2026. Cash is available for the payment disbursements of the above liabilities.
RECOMMENDATION
That the City Council review and accept the check register for the period 2/14/2026 through 2/27/2026.
ATTACHMENTS
Attachment 1 – Claims
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EXHIBIT A - A/P Packets processed
A/P Packet# APPKT04380 2,829.32
A/P Packet# APPKT04388 8,441.31
A/P Packet# APPKT04398 40,792.46
A/P Packet# APPKT04399 929.94
A/P Packet# APPKT04420 39,813.39
A/P Packet# APPKT04471 941.75
A/P Packet# APPKT04472 3,543.40
Total A/P Packets: $97,291.57 (7 pages)
Utility Packet #UBPKT00004060 118.66 (1 page)
Total Disbursement: $97,410.23
Payroll processed
Staff Payroll 2/20/2026 82,623.74
City Council Payroll 2/26/2026 2,145.90
Total Payroll: $84,769.64
TOTAL AMOUNT OF CLAIMS:
$182,179.87
CONSOLIDATED CLAIMS DISBURSEMENT
BACK-UP/SUPPORT DATA IS AVAILABLE FOR COUNCIL REVIEW IN CITY HALL The following is a list of claims for the period of February 14, 2026 through February 27, 2026 for ratification by the City Council at the March 12, 2026 City Council Meeting.
\\fileserver\Users\Finance_Shared\CLAIMS APPROVALS\Claims Approval FY2025-2026.xlsx SZ 3/3/2026
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Payment
Number
48072
48073
48074
10803971
112281486
3/3/2026 1:28:47 PM Page 1 of 7
INV0016685 FSA Account 001-22170 1,421.68
INV0016687 Dependent Day Care Account 001-22172 208.33
INV0016707 FSA Account 001-22170 283.34
2/27/2026 000782 WAGE WORKS 3,543.40
INV0016663 FSA Account 001-22170 1,421.71
INV0016665 Dependent Day Care Account 001-22172 208.34
9525-01202026 R HESS - CREDIT CARD CHARGES THROUGH 01/20/26 005-701-61140 122.49 9884-01202026 P SMITH - CREDIT CARD CHARGES THROUGH 01/20/26 001-511-67140 95.08 9884-01202026 P SMITH - CREDIT CARD CHARGES THROUGH 01/20/26 001-511-67140 53037-040 6.00 9447-01202026 S ZAMORA - CREDIT CARD CHARGES THROUGH 01/20/26001-565-60710 265.32 9525-01202026 R HESS - CREDIT CARD CHARGES THROUGH 01/20/26 001-558-60710 7.49 9525-01202026 R HESS - CREDIT CARD CHARGES THROUGH 01/20/26 001-558-61127 77.15 9447-01202026 S ZAMORA - CREDIT CARD CHARGES THROUGH 01/20/26001-410-61131 20.96 9447-01202026 S ZAMORA - CREDIT CARD CHARGES THROUGH 01/20/26001-420-60710 24.64 9447-01202026 S ZAMORA - CREDIT CARD CHARGES THROUGH 01/20/26001-420-61130 41.17 9447-01202026 S ZAMORA - CREDIT CARD CHARGES THROUGH 01/20/26001-410-60210 407.83 9447-01202026 S ZAMORA - CREDIT CARD CHARGES THROUGH 01/20/26001-410-60900 400.78 9447-01202026 S ZAMORA - CREDIT CARD CHARGES THROUGH 01/20/26001-410-61130 140.12 2104-01202026 K DARY - CREDIT CARD CHARGES THROUGH 01/20/26 001-410-60900 25.00 7905-01202026 S WOLFE - CREDIT CARD CHARGES THROUGH 01/20/26001-401-61130 11.95 9447-01202026 S ZAMORA - CREDIT CARD CHARGES THROUGH 01/20/26001-410-60210 510.00 1805-01202026 A FIREY - CREDIT CARD CHARGES THROUGH 01/20/26 001-511-67142 396.00 2104-01202026 K DARY - CREDIT CARD CHARGES THROUGH 01/20/26 001-401-60900 38.61 2104-01202026 K DARY - CREDIT CARD CHARGES THROUGH 01/20/26 001-403-60710 1,095.03 1805-01202026 A FIREY - CREDIT CARD CHARGES THROUGH 01/20/26 001-511-60510 62.92 1805-01202026 A FIREY - CREDIT CARD CHARGES THROUGH 01/20/26 001-511-60710 165.00 1805-01202026 A FIREY - CREDIT CARD CHARGES THROUGH 01/20/26 001-511-67140 53037-040 960.66 0577-01202026 K THOMSEN - CREDIT CARD CHARGES THROUGH 01/20/26 001-511-67570 1,050.00 0678-01202026 L REID - CREDIT CARD CHARGES THROUGH 01/20/26 001-401-60900 87.36 0678-01202026 L REID - CREDIT CARD CHARGES THROUGH 01/20/26 001-403-61130 32.45 0577-01202026 K THOMSEN - CREDIT CARD CHARGES THROUGH 01/20/26 001-511-61130 25.83 0577-01202026 K THOMSEN - CREDIT CARD CHARGES THROUGH 01/20/26 001-511-67140 53037-040 562.00 0335-01202026 C MEAD - CREDIT CARD CHARGES THROUGH 01/20/26 001-401-60710 650.00 0577-01202026 K THOMSEN - CREDIT CARD CHARGES THROUGH 01/20/26 001-12500 1,050.00 0577-01202026 K THOMSEN - CREDIT CARD CHARGES THROUGH 01/20/26 001-511-60250 109.47 6135493007 02/09/26 - 03/08/26 - WIRELESS TELEPHONE SERVICE 020-601-60210 80.02 6135493007 02/09/26 - 03/08/26 - WIRELESS TELEPHONE SERVICE 020-601-67705 89.40 2/18/2026 000193 FIRST NATIONAL BANK OF OMAHA 8,441.31
6135493007 02/09/26 - 03/08/26 - WIRELESS TELEPHONE SERVICE 001-558-67705 128.16 6135493007 02/09/26 - 03/08/26 - WIRELESS TELEPHONE SERVICE 001-565-67705 38.37 6135493007 02/09/26 - 03/08/26 - WIRELESS TELEPHONE SERVICE 005-701-67705 111.73 6135493007 02/09/26 - 03/08/26 - WIRELESS TELEPHONE SERVICE 001-410-67705 38.37 6135493007 02/09/26 - 03/08/26 - WIRELESS TELEPHONE SERVICE 001-511-61290 38.37 6135493007 02/09/26 - 03/08/26 - WIRELESS TELEPHONE SERVICE 001-558-60210 40.01 002044-02172026 02/17/26 - TRAVEL EXP REIMB - SB CO EOC TRAINING 001-402-60710 75.93 2/20/2026 000556 VERIZON WIRELESS 571.21
6135493007 02/09/26 - 03/08/26 - WIRELESS TELEPHONE SERVICE 001-410-60014 6.78 2/20/2026 001901 CARLA M MEAD 282.80
001901-02122026 02/12/26 - CC - TRAVEL REIMBURSEMENT C. MEAD 001-401-60710 282.80 2/20/2026 002044 Lauri Shiffrar 75.93
Check Disbursements - City Council - March 12, 2026
City of Buellton, CA By Payment Number
Payment Dates 2/14/2026 - 2/27/2026
Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 15 of 247
Payment
Number
APA000485
APA000486
APA000487
APA000488
APA000489
APA000490
APA000491
APA000492
APA000493
APA000494
APA000495
APA000496
APA000497
1003223540
3/3/2026 1:28:47 PM Page 2 of 7
INV0016694 PEPRA Retirement Employee Contribution 001-22164 4,935.39 INV0016695 PEPRA Retirement Employer Contribution 001-22164 4,947.35 792212509-01312026 JAN 2026 MATS/TOWEL SERVICE 001-558-60800 609.52 792212509-01312026 JAN 2026 MATS/TOWEL SERVICE 005-701-60800 152.38 2/24/2026 000914 CalPERS 9,882.74
03026210 01/15/26 - PW - STREET NAME SIGNS 001-558-60560 2,002.21 03026220 01/30/26 - PW - SIGN POST CAPS 001-558-60560 165.35 2/23/2026 001840 VESTIS 761.90
2/23/2026 001510 SANTA MARIA CALIFORNIA NEWS MEDIA INC. dba 182.79 558881 02/05/26 - PLNG - NOTICE PUBLIC HEARING RES 26-03 001-565-60520 182.79 2/23/2026 000681 STATEWIDE TRAFFIC SAFETY & SIGNS, INC. 2,167.56 6619 01/13/26 - 02/12/26 - TELEPHONE SERVICES 020-601-67705 2.41 2/23/2026 000848 RAVATT, ALBRECHT & ASSOC, INC. 170.00
1225-533 DEC 2025 - ARCH DSGN REVIEW - ARCO 001-22416 90086072 170.00 6619 01/13/26 - 02/12/26 - TELEPHONE SERVICES 001-558-67705 30.07 6619 01/13/26 - 02/12/26 - TELEPHONE SERVICES 001-565-67705 174.38 6619 01/13/26 - 02/12/26 - TELEPHONE SERVICES 005-701-67705 34.87 6619 01/13/26 - 02/12/26 - TELEPHONE SERVICES 001-401-67705 180.43 6619 01/13/26 - 02/12/26 - TELEPHONE SERVICES 001-410-67705 378.88 6619 01/13/26 - 02/12/26 - TELEPHONE SERVICES 001-511-61290 200.61 1181941 02/17/26 - 03/16/26 - REC - COPIER LEASE 001-511-60310 128.22 1181941 02/17/26 - 03/16/26 - REC - COPIER LEASE OVERAGES 001-511-61130 77.58 2/23/2026 001430 GSOLUTIONZ, INC. 1,001.65
2/23/2026 000115 CLINICAL LAB OF SAN BERNARDINO Inc. 40.00 1020821 01/29/26 - WTP - WATER SAMPLE TESTING 020-601-61111 40.00 2/23/2026 000118 COASTAL COPY, INC. 205.80
13126 JAN 2026 - PLNG - GENERAL PLAN 001-565-60855 18,187.98 2/23/2026 000112 CLARK PEST CONTROL 200.00
38950285 02/12/26 - LIBRARY - PEST CONTROL 001-558-60800 200.00 BPI581831 02/12/26 - WTP - CHEMICALS 020-601-61111 1,021.63 BPI581832 02/12/26 - WTP - CHEMICALS 020-601-61111 1,217.26 2/23/2026 001649 CIVIC SOLUTIONS 18,187.98
2/23/2026 000718 AUTOSYS LLC 8,083.83
INV-0426 01/28/26 - 02/05/26 - WWTP - SERVICE CALLS SCADA 005-701-60800 8,083.83 2/23/2026 001372 BRENNTAG PACIFIC, INC. 2,238.89
2089 01/28/26 - PLNG - PRO SRVCS - COTTAGE TRAFF STUDY001-22416 90101073 2,350.00 2107 02/12/26 - PLNG - PRO SRVCS - COB TIA GUIDELINES 001-565-60855 1,122.50 0708498 MAR 2026 - DENTAL/VISION/EAP PREMIUMS 005-701-50400 414.05 0708498 MAR 2026 - DENTAL/VISION/EAP PREMIUMS 020-601-50400 414.04 2/23/2026 000035 ASSOCIATED TRANSPORTATION ENGINEERS 3,472.50 0708498 MAR 2026 - DENTAL/VISION/EAP PREMIUMS 001-511-50400 497.84 0708498 MAR 2026 - DENTAL/VISION/EAP PREMIUMS 001-558-50400 751.02 0708498 MAR 2026 - DENTAL/VISION/EAP PREMIUMS 001-565-50400 307.84 0708498 MAR 2026 - DENTAL/VISION/EAP PREMIUMS 001-403-50400 165.71 0708498 MAR 2026 - DENTAL/VISION/EAP PREMIUMS 001-410-50400 302.88 0708498 MAR 2026 - DENTAL/VISION/EAP PREMIUMS 001-420-50400 210.93 2/23/2026 000820 ACWA/JPIA 4,079.56
0708498 MAR 2026 - DENTAL/VISION/EAP PREMIUMS 001-401-50400 768.25 0708498 MAR 2026 - DENTAL/VISION/EAP PREMIUMS 001-402-50400 247.00 Check Disbursements - City Council - March 12, 2026 Payment Dates: 2/14/2026 - 2/27/2026 Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 16 of 247
Payment
Number
1003223541
1003226932
0-948-108-880
1-676-484-944
9100001704465
62193510887512
2706451-
2706457-
3/3/2026 1:28:47 PM Page 3 of 7
INV0016711 Federal Withholding 001-22140 500.00
INV0016712 Medicare 001-22161 93.50
Payment Total: 97,291.57
INV0016704 Federal Withholding 001-22140 12,299.85
INV0016706 Medicare 001-22161 3,534.58
2/26/2026 000917 Internal Revenue Service 593.50
4786-01212026 JAN 2026 - MAINT/REPAIR/MATL'S/SUPPLIES 005-701-61140 54.88 2/20/2026 000917 Internal Revenue Service 15,929.23
INV0016702 Social Security 001-22161 94.80
2/17/2026 000813 HOME DEPOT CREDIT SERVICES 309.00
4786-01212026 JAN 2026 - MAINT/REPAIR/MATL'S/SUPPLIES 001-558-60250 183.47 4786-01212026 JAN 2026 - MAINT/REPAIR/MATL'S/SUPPLIES 001-558-61140 70.65 110325398 JAN 2026 - FUEL CHARGES 001-558-61280 1,835.44 110325398 JAN 2026 - FUEL CHARGES 005-701-61280 230.24
110325398 JAN 2026 - FUEL CHARGES 020-601-61280 410.01
INV0016710 State Withholding 001-22150 150.00
2/18/2026 000768 WEX BANK 2,520.32
110325398 JAN 2026 - FUEL CHARGES 001-501-61280 44.63
INV0016703 Employee Training Tax 001-22163 1.70
INV0016705 State Disability Insurance 001-22162 1,400.55 2/27/2026 000916 Employment Development Department 150.00 2/23/2026 000916 Employment Development Department 6,426.68 INV0016700 State Withholding 001-22150 4,999.02
INV0016701 State Unemployment 001-22163 25.41
2/27/2026 000914 CalPERS 198.25
INV0016708 PEPRA Retirement Employee Contribution 001-22164 99.01 INV0016709 PEPRA Retirement Employer Contribution 001-22164 99.24 2/24/2026 000914 CalPERS 7,574.74
INV0016692 Classic Retirement Employee Contribution 001-22164 2,601.72 INV0016693 Classic Retirement Employer Contribution 001-22164 4,973.02 Check Disbursements - City Council - March 12, 2026 Payment Dates: 2/14/2026 - 2/27/2026 Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 17 of 247
3/3/2026 1:28:47 PM Page 4 of 7
001-558-61127 Tools 77.15
001-558-61140 Operational Supplies 70.65
001-558-61280 Fuel - Vehicles 1,835.44
001-558-60560 Signs 2,167.56
001-558-60710 Travel & Training 7.49
001-558-60800 Contract Services 809.52
001-558-50400 Medical Benefit 751.02
001-558-60210 Computer Maintenance &Software 40.01
001-558-60250 Maintenance / Repair 183.47
001-511-67140 Buellton Recreation Program 1,623.74
001-511-67142 Arts and Culture Outreach 396.00
001-511-67570 Recreation Program 50/50 1,050.00
001-511-60710 Travel & Training 165.00
001-511-61130 Office Supplies 103.41
001-511-61290 Telephone/Internet 238.98
001-511-60250 Maintenance/Repair 109.47
001-511-60310 Equipment Rental 128.22
001-511-60510 Advertising 62.92
001-420-61130 Office Supplies 41.17
001-501-61280 Fuel - Vehicles 44.63
001-511-50400 Medical Benefit 497.84
001-410-67705 Telephone 417.25
001-420-50400 Medical Benefit 210.93
001-420-60710 Travel & Training 24.64
001-410-60900 Miscellaneous 425.78
001-410-61130 Office Supplies 140.12
001-410-61131 Postage 20.96
001-410-50400 Medical Benefit 302.88
001-410-60014 Emergency Operations 6.78
001-410-60210 Computer Maintenance &Software 917.83
001-403-50400 Medical Benefit 165.71
001-403-60710 Travel & Training 1,095.03
001-403-61130 Office Supplies 32.45
001-401-67705 Telephone 180.43
001-402-50400 Medical Benefit 247.00
001-402-60710 Travel & Training 75.93
001-401-60710 Travel & Training 932.80
001-401-60900 Miscellaneous 125.97
001-401-61130 Office Supplies 11.95
001-22172 Dependent Daycare Ded 416.67
001-22416 Developer Deposit 2,520.00
001-401-50400 Medical Benefit 768.25
001-22163 UI/ETT Payroll Taxes 27.11
001-22164 PERS Retirement 17,655.73
001-22170 FSA Deduction 3,126.73
001-22150 State Payroll Taxes 5,149.02
001-22161 SS/MC Payroll Taxes 3,722.88
001-22162 SDI Payroll Taxes 1,400.55
Account Number Account Name Payment Amount
001-12500 Other Receivables - Due from Solvang Joint Events 1,050.00 001-22140 Federal Payroll Taxes 12,799.85
001 - General Fund 84,812.33
005 - Sewer Fund 9,204.47
020 - Water Fund 3,274.77
Grand Total: 97,291.57
Account Summary
Check Disbursements - City Council - March 12, 2026 Payment Dates: 2/14/2026 - 2/27/2026 Report Summary
Fund Summary
Fund Payment Amount
18 of 247
**None**
53037-040 December Camp Operating Expense
90086072 ARCO, 653 Ave of Flags Contract Services
90101073 515 McMurray-Cottage Contract Services
3/3/2026 1:28:47 PM Page 5 of 7
1,528.66
170.00
2,350.00
Grand Total: 97,291.57
020-601-67705 Telephone 91.81
Grand Total: 97,291.57
Project Account Summary
Project Account Key Payment Amount
93,242.91
020-601-60210 Computer Maintenance &Software 80.02
020-601-61111 Chemicals / Analysis 2,278.89
020-601-61280 Fuel - Vehicles 410.01
005-701-61280 Fuel - Vehicles 230.24
005-701-67705 Telephone 146.60
020-601-50400 Medical Benefit 414.04
005-701-50400 Medical Benefit 414.05
005-701-60800 Contract Services 8,236.21
005-701-61140 Operational Supplies 177.37
001-565-60710 Travel & Training 265.32
001-565-60855 Comprehensive General Plan Update 19,310.48 001-565-67705 Telephone 212.75
001-558-67705 Telephone 158.23
001-565-50400 Medical Benefit 307.84
001-565-60520 Advertising - Legal 182.79
Check Disbursements - City Council - March 12, 2026 Payment Dates: 2/14/2026 - 2/27/2026 Account Summary
Account Number Account Name Payment Amount
19 of 247
Check Disbursements - City Council - March 12, 2026
Amount
3/3/2026 1:42:39 PM Page 6 of 7
Fund 005 - Sewer Fund Total: 8,236.21
Grand Total: 9,045.73
152.38
Department 701 - WASTEWATER Total: 8,236.21
8,236.21
VESTIS APA000497 01/31/2026 JAN 2026 MATS/TOWEL
SERVICE
005-701-60800
Fund 001 - General Fund Total: 809.52
Fund: 005 - Sewer Fund
Department: 701 - WASTEWATER
AUTOSYS LLC APA000487 02/05/2026 01/28/26 - 02/05/26 - WWTP -
SERVICE CALLS SCADA
005-701-60800 8,083.83
609.52
Department 558 - PUBLIC WORKS - GENERAL Total: 809.52
809.52
VESTIS APA000497 01/31/2026 JAN 2026 MATS/TOWEL
SERVICE
001-558-60800
Fund: 001 - General Fund
Department: 558 - PUBLIC WORKS - GENERAL
CLARK PEST CONTROL APA000490 02/12/2026 02/12/26 - LIBRARY - PEST
CONTROL
001-558-60800 200.00
Vendor Name Payment Number Post Date Description (Item) Account Number City of Buellton, CA Contract Services Detail
Payment Dates 2/14/2026 - 2/27/2026
20 of 247
Grand Total: 9,045.73
3/3/2026 1:42:39 PM Page 7 of 7
Project Account Summary
Project Account Key Payment Amount
**None** 9,045.73
005-701-60800 Contract Services 8,236.21
Grand Total: 9,045.73
Account Number Account Name Payment Amount
001-558-60800 Contract Services 809.52
005 - Sewer Fund 8,236.21
Grand Total: 9,045.73
Account Summary
Fund Summary
Fund Payment Amount
001 - General Fund 809.52
Contract Services Detail Payment Dates: 2/14/2026 - 2/27/2026 Report Summary
21 of 247
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 3
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: March 12, 2026
Subject: Monthly Treasurer’s Report – January 31, 2026
______________________________________________________________________________
BACKGROUND
California Government Code Section 53646(b)(3) provides mandatory investment reporting requirements for California public agencies. The attached Treasurer’s Report complies with the State’s reporting requirement.
On June 26, 2025, Council adopted the current Investment Policy per Resolution 25-22 which states the City Finance Director, as the investment officer, must submit monthly reports to City Council to demonstrate that sufficient cash flow liquidity is available to meet the succeeding month’s estimated expenditures.
This Treasurer’s Report is for January 31, 2026. Treasurer’s Reports are presented on a monthly basis.
FISCAL IMPACT
There is no fiscal impact; this report is intended to show the City Council the financial performance of the City’s investment portfolio of idle funds.
RECOMMENDATION
That the City Council receive and file the Treasurer’s Report for the month ending January 31, 2026.
ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – January 31, 2026 22 of 247
[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in January 31, 2026
March 12, 2026
This report presents the City’s cash activity and investment portfolio as of January 31, 2026. The report includes:
1) Cash and investments at January 31, 2026 compared to the prior month; 2) A reconciliation of cash and investments to City ledger balances; 3) All investments managed by the City on its own behalf; 4) Beginning of year fund balance, revenues, expenditures and ending fund balance for each fund at January 31, 2026
The following schedule is a summary of the City’s cash and investments based on recorded value as of January 31, 2026, compared with the prior month.
December 31, 2025 January 31, 2026 $ Change
Cash - Pooled $ 938,858.77 $ 1,450,529.77 $ 511,671.00
Investments held by the City 20,196,622.85 20,139,334.35 $ (57,288.50) TOTAL CASH AND INVESTMENTS $ 21,135,481.62 $ 21,589,864.12 $ 454,382.50 Summary of activity for the Month and Future Liquidity: The majority of the variance in the City's reported cash and investment balances from the prior month is attributable the receipt of December 2025 Transient Occupancy Tax (TOT) revenue, November 2025 sales tax revenue, and property tax revenues, partly offset with monthly sheriff services and ongoing construction projects Additionally, investment values also increased due to changes in interest earnings from money market accounts, the Local Agency Investment Fund (LAIF), Certificates of Deposit (CDs), U.S.
Treasuries, and corporate bonds. The increase was offset by a transfer of approximately $160,000 from investments to the checking account. The portfolio remains sufficiently liquid to meet expected expenditures over the coming six months.
City of Buellton
23 of 247
Monthly Treasurer’s Report
As of January 31, 2026
Page | 2
The following schedule is a reconciliation of Cash and Investments to City ledger:
13,158,769.04
2,555,072.84
(1,989,705.91)
8,866,352.59
(2,719,797.70)
11,126.12
53,547.80
381,366.50
460,313.61
(5,003.52)
439,822.58
34,070.67
1,000.18
677,709.85
-
-
(334,780.53) -
21,589,864.12
1,436,482.59
1,296,713.60
14,047.18
10,452,189.53
8,390,431.22
21,589,864.12
999-21000 Wages Payable - -
21,589,864.12
21,589,864.12
21,589,864.12
Per Statements: 1/31/2026
Mechanics General Checking 1,539,818.94
Mechanics Money Market 1,296,713.60
Mechanics FSA 14,047.18
Local Agengcy Investment Fund (LAIF) 8,390,431.22
Multi-Bank Securities Bank 10,452,189.53
Total Cash Per Statement: 21,693,200.47
Claim on Cash vs Total (103,336.35)
Outstanding Items: (103,336.35)
Difference: (0.00)
Bank Reconciliation - January 2026
City of Buellton, CA
For the Period Ending 1/31/2026
1/1/2026
BALANCE
CURRENT
ACTIVITY
1/31/2026
BALANCE ACCOUNT # ACCOUNT NAME
006-10000 Claim on Pooled Cash (1,989,705.91) -
020-10000 Claim On Pooled Cash 8,696,162.80 170,189.79
CLAIM ON CASH
001-10000 Claim On Pooled Cash 12,836,947.64 321,821.40 005-10000 Claim On Pooled Cash 2,552,255.18 2,817.66
024-10000 Claim On Pooled Cash 53,283.28 264.52
025-10000 Claim On Pooled Cash 369,357.63 12,008.87
021-10000 Claim on Pooled Cash (2,719,797.70) -
023-10000 Claim On Pooled Cash 11,071.16 54.96
031-10000 Claim On Pooled Cash 437,649.89 2,172.69
032-10001 Claim On Pooled Cash 34,070.67 -
027-10000 Claim On Pooled Cash 459,698.42 615.19
029-10000 Claim On Pooled Cash (2,733.52) (2,270.00)
091-10000 Claim On Pooled Cash - -
092-10000 Claim On Pooled Cash (277,139.93) (57,640.60) 075-10000 Claim On Pooled Cash 674,362.01 3,347.84
090-10000 Claim On Pooled Cash - -
(5,580.62)
TOTAL CLAIM ON CASH 21,135,481.62 454,382.50
CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 919,230.97 517,251.62 TOTAL DUE TO OTHER FUNDS 21,135,481.62 454,382.50
TOTAL: Cash in Bank 21,135,481.62 454,382.50
-
TOTAL: Cash in Bank 21,135,481.62 454,382.50
033-10001 Claim On Pooled Cash - 1,000.18
DUE TO OTHER FUNDS
999-27000 Due To Other Funds 21,135,481.62 454,382.50
999-10004 Pooled Cash - Brokerage 10,614,479.70 (162,290.17) 999-10005 Pooled Cash - LAIF 8,289,339.84 101,091.38
999-10002 Pooled Cash - Money Market 1,292,803.31 3,910.29 999-10003 Pooled Cash - FSA 19,627.80
24 of 247
Monthly Treasurer’s Report
As of January 31, 2026
Page | 3
Investment Summary
January 31, 2026
Percent of
Portfolio Yield
Maturity Term
(months) Maturity Date Par Value Market Value
Local Agency Investment Fund - LAIF 41.48% 4.200% 0 n/a $ 8,390,431.22 $ 8,390,431.22 PRIMARY BK 1.22% 3.800% 3 3/31/2026 247,000.00 246,995.06 Security Identifier: 74166JAW3
CAPITAL CMNTY BK 1.23% 3.750% 8 8/31/2026 249,000.00 248,945.22 Security Identifier: 14005LCB3
WELLS FARGO BK 1.20% 3.800% 9 10/1/2026 243,000.00 243,024.30 Security Identifier: 949764TG9
B1BANK 1.23% 3.700% 11 11/30/2026 249,000.00 248,848.11 Security Identifier: 098079DA1
SPOKANE TEACHERS CREDIT UNION 0.89% 4.750% 36 4/15/2027 180,000.00 182,082.60 Security Identifier: 849061AG1
THIRD FEDERAL SAVINGS 1.21% 3.500% 60 6/28/2027 245,000.00 244,042.05 Security Identifier: 88413QDL9
MORGAN STANLEY BANK 0.51% 3.750% 60 6/28/2027 104,000.00 103,946.96 Security Identifier: 61773TFC2
CAPITAL ONE NATL ASSN 1.21% 4.300% 60 9/30/2027 244,000.00 245,973.96 Security Identifier: 14042RURO
LIVE OAK BKG CO 1.23% 3.750% 22 10/29/2027 249,000.00 248,865.54 Security Identifier: 538037AE2
MERRICK BK 1.00% 3.650% 22 11/12/2027 202,000.00 201,495.00 Security Identifier: 59013LET7
HICKAM FED CREDIT UNION 0.49% 4.200% 48 1/31/2028 100,000.00 100,769.00 Security Identifier: 42869GAB2
GLOBAL FEDERAL CREDIT UNION 1.23% 4.600% 60 4/17/2028 249,000.00 253,225.53 Security Identifier: 37892MAC8
1st FINL BK USA 0.49% 3.900% 36 7/3/2028 100,000.00 100,221.00 Security Identifier: 32022RSY6
OPTUM BK 0.79% 4.450% 60 12/22/2028 160,000.00 162,782.40 Security Identifier: 68405VBV0
FIRST FOUNDATION BANK 0.49% 4.600% 60 5/10/2029 100,000.00 102,340.00 Security Identifier: 68405VBV0
CELTIC BANK 1.23% 4.000% 48 7/9/2029 249,000.00 250,222.59 Security Identifier: 15118R59
LEADERS CREDIT UNION 0.49% 4.000% 60 8/30/2029 100,000.00 100,472.00 Security Identifier: 52171MAN5
SOMERSET TR 1.23% 3.950% 54 1/8/2030 249,000.00 249,478.08 Security Identifier: 835104DG2
AMERICAN EXPERESS NATL BK 1.21% 4.100% 60 4/30/2030 244,000.00 245,827.56 Security Identifier: 02589AHE8
MORGAN STANLEY BK 0.70% 4.300% 60 7/1/2030 141,000.00 143,261.64 Security Identifier: 61690D7G7
MORGAN STANELY PRIVATE BK 1.21% 4.300% 60 7/1/2030 244,000.00 247,913.76 Security Identifier: 61776NTM5
Security First Bank 1.21% 4.000% 60 7/3/2030 245,000.00 245,955.50 Security Identifier: 81425PBZ3
UNITED STATES TREASURY BILL 0.76% 4.625% 2 3/15/2026 153,000.00 153,130.05 Security Identifier: 91282CGR6
United States Treasury Bill 0.11% 1.500% 7 8/15/2026 22,000.00 21,752.06 Security Identifier: 9128282A7
United States Treasury Bill 1.98% 3.500% 9 9/30/2026 400,000.00 399,724.00 Security Identifier: 91282CLP4
United States Treasury Bill 0.78% 4.125% 10 10/31/2026 157,000.00 157,551.07 Security Identifier: 91282CLS8
United States Treasury Bill 0.75% 4.250% 11 11/30/2026 151,000.00 151,788.22 Security Identifier: 91282CLY5
United States Treasury Bill 0.75% 3.875% 21 10/15/2027 151,000.00 151,850.13 Security Identifier: 91282CLQ2
United States Treasury Bill 0.98% 4.125% 22 11/15/2027 198,000.00 199,995.84 Security Identifier: 91282CLX7
United States Treasury Bill 0.49% 4.375% 60 12/31/2029 100,000.00 102,406.00 Security Identifier: 91282CMD0
Certificates of Deposits (Held with Multi-Securities Bank) U.S. Treasury Securities (Held with Multi-Securities Bank) 25 of 247
Monthly Treasurer’s Report
As of January 31, 2026
Page | 4
Currently, short-term excess cash is primarily invested in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. This is a high-quality investment available in terms of safety, liquidity, and yield. Due to fluctuations in the marketplace, the City may have some investments with a current market value that is greater or less than the recorded value. This difference has no effect on investment yield as the City intends to hold the securities to maturity. However, generally accepted accounting principles require that market gains and losses be reported as interest earnings or losses at year-end.
Percent of
Portfolio Yield
Maturity Term
(months) Maturity Date Par Value Market Value
PACCAR FINL CORP 0.28% 4.450% 19 8/6/2027 56,000.00 56,640.64 Security Identifier: 69371RT30
PNC BK 1.98% 3.100% 21 10/25/2027 400,000.00 395,428.00 Security Identifier: 69353RFG8
KENVUE INC 0.75% 5.050% 26 3/22/2028 151,000.00 154,355.22 Security Identifier: 49177JAF9
SAN DIEGO GAS & ELEC CO 1.98% 4.950% 31 8/15/2028 400,000.00 409,968.00 Security Identifier: 797440CE2
DUKE ENERGY PROGRESS LLC 1.98% 3.700% 32 91/1/2025 400,000.00 398,780.00 Security Identifier: 26442UAG9
CENTERPOINT ENERGY HOUSTON ELEC 1.98% 5.200% 33 10/1/2028 400,000.00 412,640.00 Security Identifier: 15189XBD9
KIMBERLY CLARK CORP 1.98% 3.950% 34 11/1/2028 400,000.00 400,632.00 Security Identifier: 494368BY8
UNION ELEC CO 1ST MTG BD 0.20% 3.500% 38 3/15/2029 40,000.00 39,371.60 Security Identifier: 906548CP5
TEXAS INSTRS INC 1.77% 2.250% 44 9/4/2029 358,000.00 338,012.86 Security Identifier: 882508BG8
ONCOR ELEC DELIVERY CO LLC 1.98% 4.650% 46 11/1/2029 400,000.00 407,232.00 Security Identifier: 68233JCW2
PROLOGIS L P SR 1.48% 2.875% 46 11/15/2029 300,000.00 286,905.00 Security Identifier: 74340XBY6
SUTTER HEALTH 1.54% 2.294% 55 8/15/2030 311,000.00 285,665.94 Security Identifier: 86944BAG8
SERVICENOW INC 1.98% 1.400% 56 9/1/2030 400,000.00 352,728.00 Security Identifier: 81762PAE2
FRANKLIN RES INC 1.98% 1.600% 58 10/30/2030 400,000.00 355,068.00 Security Identifier: 354613AL5
ASCENSION HEALTH 1.98% 4.294% 58 11/15/2030 400,000.00 400,236.00 Security Identifier: 04351LAD2
Multi-Securities Bank - Cash in Holding 3,641.04
Money Market (Held with Mechanics Bank) 6.41% 3.740% 0 n/a 1,296,713.60 1,296,713.60 Total City Investments 100.00% $ 20,228,144.82 $ 20,139,334.35 Corporate Bonds (Held with Multi-Securities Bank)
Investment Type % of Total Avg Yield Avg. Maturity
(mo.) Total
Local Agency Investment Fund 41.66% 4.200% 0.00 8,390,431.22 Certificate of Deposits 21.93% 4.052% 43.50 4,416,687.86 U.S. Treasury Securities 6.64% 3.797% 17.75 1,338,197.37 Corporate Bonds 23.31% 3.498% 39.80 4,693,663.26
Money Market Funds 6.46% 3.740% 0.00 1,300,354.64
Grand Total: 100.00% 3.845% 36.09 20,139,334.35
INVESTMENT PORTFOLIO SUMMARY
26 of 247
Monthly Treasurer’s Report
As of January 31, 2026
Page | 5
The following is a fund balance schedule showing beginning fund balance at July 1, 2025, plus revenues minus expenditures for the period, resulting in ending fund balance at January 31, 2026.
Fund balance includes total assets and liabilities of the City.
As required by Government Code Section 53646 (b)(3), the chief financial officer for the City declares that there is sufficient funds to meet all obligations for the next six months.
Shannel Zamora
Shannel Zamora
Finance Director
Total Expenditures January 31, 2026
Balance
6,759,523.83 8,472,466.05 13,313,921.61
871,815.86 1,161,803.24 1,725,424.85
006 - Wastewater Capital 3,866.00 267,808.08 301,453.35 020 - Water Fund 1,718,114.82 1,475,799.03 10,791,258.87 021 - Water Capital - - 339,574.07
247.82 - 11,110.25
6,319.14 - 53,495.32
164,846.13 446,694.25 337,981.63
027 - Local Transportation Fund 10,158.33 11,666.62 461,470.72 029 - Transportation Planning 3.42 11,993.37 (142,433.40) 031 - Measure A 219,721.34 779,730.36 447,620.95
032 - American Relief Act Fund - - 33,455.43
075 - Trust & Agency Fund 10,239.39 - 52,434.09
090 - Long-Term Debt - - (3,577,833.15)
091 - General Fixed Assets - - 30,496,564.05
3,220,255.57
15,852,855.14 54,640,860.07
30,496,564.05
092 - Capital Improvement Project
Fund - 3,224,894.14 (4,638.57)
57,508,603.56 12,985,111.65
462,979.01
(130,443.45)
1,007,629.97
33,455.43
42,194.70
(3,577,833.15)
339,574.07
023 - Housing Fees 10,862.43
024 - Traffic Mitigation Fund 47,176.18
025 - Gas Tax Fund 619,829.75
001 - General Fund 15,026,863.83
005 - Sewer Fund 2,015,412.23
565,395.43
10,548,943.08
Fund Balance Report
City of Buellton, CA 1/31/2026
Fund July 1, 2025
Balance
Total Revenues
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CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 4
To: The Honorable Mayor and City Council
From: Linda Reid, City Clerk/H.R. Director
Meeting Date: March 12, 2026
Subject: Ordinance No. 26-01 – “An Ordinance of the City Council, of the City of Buellton, California, Revising City of Buellton Municipal Code Section 2.12 Regarding City Clerk” (Second Reading) _____________________________________________________________________________________
BACKGROUND
On February 26, 2026, the City Council held a public hearing and introduced the first reading of Ordinance No. 26-01 – “An Ordinance of the City Council, of the City of Buellton, California, Revising City of Buellton Municipal Code Section 2.12 Regarding City Clerk”. At this time, it would be appropriate for the City Council to adopt Ordinance No. 26-01, which would revise Municipal Code Section 2.12 as stated.
RECOMMENDATION
That the City Council adopt Ordinance No. 26-01 – “An Ordinance of the City Council, of the City of Buellton, California, Revising City of Buellton Municipal Code Section 2.12 Regarding City Clerk” by title only and waive further reading.
ATTACHMENTS
Ordinance No. 26-01
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ORDINANCE NO. 26-01
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BUELLTON, CALIFORNIA, REVISING
BUELLTON MUNICIPAL CODE CHAPTER 2.12
REGARDING CITY CLERK
WHEREAS, Chapter 2.12 of the Buellton Municipal Code creates the City Clerk position; establishes its authority for office, compensation, functions, and designates Deputy City Clerk; and
WHEREAS, California Government Code Section 36501 authorizes the City Council to establish the office of the City Clerk; and
WHEREAS, When the City of Buellton incorporated in 1992, staff created the City’s Municipal Code by adopting much of the County of Santa Barbara’s Code. As a result, some code sections did not quite align with the City’s policies and procedures and are due for revision in order to reflect the current needs of the City of Buellton.
NOW, THEREFORE BE IT ORDAINED that the City Council of the City of Buellton:
SECTION 1. Findings. The City Council finds and determines as follows:
A. The purpose of this ordinance is to amend the Buellton Municipal Code Section
2.12 to further refine and define the authority of office, compensation, functions, Deputy City Clerk, generally.
B. The City Council finds and determines that this ordinance is necessary to update Buellton Municipal Code Section 2.12, City Clerk to better define the authority and functions of the City Clerk position.
C. All legal prerequisites have occurred prior to the adoption of this Ordinance.
SECTION 2. All proceedings having been duly taken as required by law, and upon review of the information provided in the staff report, consideration of the testimony given at the public hearing, as well as other pertinent information, the City Council finds the following:
A. Record. Prior to rendering a decision on the Ordinance, the City Council considered the following:
1. All public testimony, both written and oral, received in conjunction with that certain Public Hearing conducted by the City Council on February 26, 2026, (“City Council Public Hearing”).
2. All oral, written and visual materials presented by City staff in conjunction with the City Council Public Hearing.
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B. Public Review. On the basis of evidence hereinafter listed, all administrative procedures and public participation requirements have been lawfully satisfied:
1. A notice of public hearing was published in a newspaper of general circulation on February 12, 2026 (the “Public Notice”), in advance of the City Council Public Hearing conducted on February 26, 2026.
2. The Public Notice and Agenda for the City Council meeting of February 26, 2026, was posted in two conspicuous public places before the Public Hearing.
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 Buellton hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
SECTION 4. To more accurately define the position of City Clerk, Section 2.12.010 of the Buellton Municipal Code is hereby amended to read as follows:
2.12.010 – Authority for Office.
The office of city clerk is established pursuant to Section 36501 of the California Government Code. The city manager shall have the authority to appoint and terminate the City Clerk.
SECTION 5. To more accurately define the position of City Clerk, Section 2.12.020 of the Buellton Municipal Code is hereby amended to read as follows:
2.12.020 – Compensation.
The city clerk shall receive such compensation and expense allowance as the city manager shall from time to time determine, and such compensation shall be a proper charge against such funds of the city as the city council shall designate.
SECTION 6. To more accurately define the position of City Clerk, Section 2.12.030 of the Buellton Municipal Code is hereby amended to read as follows:
2.12.030 – Functions.
The city clerk shall have all of the powers, duties, and responsibilities granted to and imposed upon the office of the city clerk by the provisions of Chapter 2 of Part 3 of Division 3 of Title 4 of the Government Code of the state (commencing with Section 40800), other general laws of the state, the provisions of this code, and the ordinances and resolutions of the city council.
The principal functions of the city clerk shall be to:
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A.
Attend all meetings of the city council and be responsible for the recording and maintenance of a record of all the actions of the council; B.
Keep all ordinances and resolutions of the council in such a manner that the information contained therein will be readily accessible and open to the public. The city clerk shall attach to the original copy of each ordinance a certificate which shall state the date the ordinance was adopted and, as to an ordinance requiring publication, that the ordinance has been published or posted in accordance with law;
C.
Keep all records of the council and of the office of the city clerk in such manner that the information contained therein will be readily accessible and open to the public until such time as any of the records may be destroyed, or reproduced and the original destroyed, in accordance with state law;
D.
Serve as the official custodian of all city records;
E.
Be the custodian of the seal of the city;
F.
Prepare the council agendas, in conjunction with and under the direction of the city manager;
G.
Perform the duties prescribed by the California Elections Code in conducting municipal elections;
H.
Perform the duties imposed upon city clerks by the California Political Reform Act; I.
Be responsible for the publication of all official advertising for the city; J.
Be responsible for the maintenance and distribution of the municipal code; K.
Process all claims filed against the city and its officers, agents, or employees, pursuant to Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900) and Chapter 3.08 of Title 3 of this code; L.
Perform such other duties consistent with this code as may be required of the city clerk by the city manager.
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SECTION 7. To more accurately define the position of City Clerk, Section 2.12.040 of the Buellton Municipal Code is hereby amended to read as follows:
2.12.040 – Deputy City Clerk
The city clerk shall have the authority and is hereby authorized to appoint a deputy city clerk as may be necessary for the efficient discharge of the duties of the office.
SECTION 8. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.
PASSED, APPROVED AND ADOPTED this 12th day of March, 2026.
__________________________________
David Silva
Mayor
ATTEST:
__________________________________
Linda Reid
City Clerk
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CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 5
To: The Honorable Mayor and City Council
From: Cara Miralles, Associate Planner
Meeting Date: March 12, 2026
Subject: Ordinance No. 26-02 – “An Ordinance of the City Council of the City of Buellton, California, Revising Title 19 (Zoning) of the Buellton Municipal Code Regarding Outdoor Lighting”
(Second Reading)
Resolution No. 26-05 – “A Resolution of the City Council of the City of Buellton, California, Adopting Updated Community Design Guidelines and Superseding Prior Versions”
______________________________________________________________________________
BACKGROUND
The City Council introduced and held the first reading of Ordinance No. 26-02 on February 26, 2026. Attached Ordinance No. 26-02 is now ready for adoption. Amendments to Sections 19.04.130 and 19.18.024 of the Zoning Ordinance (Title 19 of the Buellton Municipal Code) have been made to update standards for outdoor lighting.
Resolution No. 26-05 has been prepared to update the Community Design Guidelines for consistency with the zoning ordinance amendments, pursuant to City Council direction at the February 26, 2026, meeting.
RECOMMENDATION
That the City Council adopt Ordinance No. 26-02 – “An Ordinance of the City Council of the City of Buellton, California, Revising Title 19 (Zoning) of the Buellton Municipal Code Regarding Outdoor Lighting” by title only and waive further reading.
That the City Council adopt Resolution No. 26-05 - “A Resolution of the City Council of the City of Buellton, California, Adopting Updated Community Design Guidelines and Superseding Prior Versions”
ATTACHMENTS
Ordinance No. 26-02
Resolution No. 26-05 (Exhibit A)
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ORDINANCE NO. 26-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BUELLTON, CALIFORNIA, REVISING TITLE 19
(ZONING) OF THE BUELLTON MUNICIPAL CODE
REGARDING OUTDOOR LIGHTING
WHEREAS, the City of Buellton (“City”) has adopted a General Plan and Specific Plans to ensure a well-planned and safe community; and
WHEREAS, the City has enacted a Municipal Code for the protection of public health, safety, and welfare; and
WHEREAS, the City has adopted Community Design Guidelines and other policies to enhance the quality of life and the general environment within the City; and WHEREAS, each of these documents have general policies and regulations pertaining to outdoor lighting, but the City desires more robust, objective standards with which to regulate outdoor lighting to better uphold the City’s dark-sky-friendly policy which aims to reduce light pollution to protect community members from unwanted light trespass and glare at night, protect the ability to view the stars in the nighttime sky, and protect wildlife from the effects of nighttime lighting; and
WHEREAS, the City’s Planning Commission approved Resolution No. 26-01 on February 5, 2026, which makes recommendations to the City Council on proposed outdoor lighting zoning ordinance amendments; and
WHEREAS, all legal prerequisites have occurred prior to the adoption of this Ordinance.
NOW, THEREFORE, the City Council of the City of Buellton does ordain as follows:
SECTION 1: All proceedings having been duly taken as required by law, and upon review of the information provided in the staff report, consideration of the testimony given at the public hearing, as well as other pertinent information, the City Council finds the following:
A. Record. Prior to rendering a decision on any aspect of the Ordinance, the City Council considered the following:
1. All public testimony, both written and oral, received in conjunction with that certain public hearing conducted by the City Council on February 26, 2026 (the “Public Hearing”).
2. All oral, written and visual materials presented by City staff in conjunction with the Public Hearing.
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3. The following informational documents which, by this reference, are incorporated herein.
a. Those certain written reports concerning the Zoning Ordinance Amendment dated March 12, 2026 and February 26, 2026 (the “Staff Reports”) and all attachments.
b. The recommendations from the Planning Commission as contained in Planning Commission Resolution No. 26-01, adopted February 5, 2026.
B. Public Review. On the basis of evidence hereinafter listed, all administrative procedures and public participation requirements prescribed in the Buellton Municipal Code have been lawfully satisfied:
1. A notice of the Public Hearing was published in a newspaper of general circulation on February 12, 2026 (the “Public Notice”), a minimum of ten (10) days in advance of the February 26, 2026, Public Hearing.
2. The Public Notice for the Public Hearing was posted in two conspicuous public places on February 12, 2026, a minimum of ten (10) days in advance of the February 26, 2026, Public Hearing.
C. Environmental Clearance. Adoption of the zoning ordinance amendment is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3). This exemption applies because the amendments constitute regulatory action that does not authorize or approve any specific development project and will not, in themselves, result in a physical change to the environment. Further, lighting installed pursuant to the proposed ordinance will result in benefits to the environment, as the amendments are meant to protect aesthetic resources of the night sky and biological resources (plants and wildlife) from negative effects of nighttime lighting. Therefore, it can be seen with certainty that the adoption of these amendments will not have a significant effect on the environment.
D. Consistency Declarations. Based on (i) the evidence presented in the Staff Report (incorporated herein by reference), (ii) consultations with affected City Departments, including the City Attorney, (iii) the recommendation from the Planning Commission and (iv) testimony and comments received in connection with the public hearing, the City Council does hereby declare as follows:
1. Zoning Ordinance Amendments.
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a. Findings:
i. The Amendments are in the interests of the general community welfare, as they protect people from light trespass and other adverse effects of nighttime lighting and protect the night sky from light pollution, while maintaining adequate nighttime visibility and safety.
ii. The Amendments are consistent with the General Plan, including General Plan Land Use Element policy L-12, the requirements of state planning and zoning laws, and Title 19 of the Zoning Ordinance.
iii. The Amendments are consistent with good zoning and planning practices.
The updates are substantially consistent with model ordinance and applicable language from review of adjacent jurisdictions’ standards for outdoor lighting has been applied to the proposed amendments where the language and been found to be reasonable and consistent with good zoning and planning practices.
SECTION 2. Amendments.
A. Section 19.04.130 of Chapter 19.04 of Title 19 of the Buellton Municipal Code is hereby amended in its entirety to read as follows:
Section 19.04.130 Outdoor Lighting.
A. Purpose. The purpose of this section is to ensure outdoor lighting practices and systems which will:
1. Minimize light pollution, including glare, light trespass and skyglow;
2. Conserve energy and preserve community character while maintaining nighttime safety and adequate visibility; and
3. Protect the night sky, people, and wildlife from adverse effects of night lighting.
4. Implement a good neighbor policy, where lighting is considerate of the right to the peaceful enjoyment of neighbors’ homes, businesses, and property, especially between sunset and sunrise.
B. Applicability.
1. New and Replaced Outdoor Lighting. Unless specifically exempt or subject to any other applicable code or regulation, all new and replaced outdoor lighting installed shall comply with the requirements of this section, including lighting used for, but not limited to, the following:
a. Buildings and structures, including entryway lighting, and on open canopies b. Landscape and architectural lighting
c. Parking lot and street lighting
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d. Security lighting, including temporary security lighting during construction e. Pedestrian areas and walkways
f. Trails and parks
g. Sign Lighting
h. Recreational lighting for sports fields, ball courts, and similar
2. Discretionary Permits. Whenever discretionary land use permit approval is granted on a site where nonconforming outdoor lighting exists, such lighting shall comply with the requirements of this section prior to final inspection by the Planning Department; provided, however, that:
a. The director may waive the requirement that existing nonconforming lighting be brought into conformity where there would be only a minor alteration, addition, or replacement to an existing structure.
3. Major Modifications
a. If a major modification occurs on a property, the entire property shall comply with the requirements of this section. For purposes of this section, the following are considered to be major modifications:
i. Modifications of 25% or more in terms of additional dwelling units, gross floor area, exterior façade area, seating capacity, or parking spaces, either with a single addition or with cumulative additions subsequent to the effective date of this provision.
C. Exemptions. The following types of outdoor lighting are exempt from the provisions of this section.
1. Underwater lights used to illuminate swimming pools, spas, fountains, and other water features.
2. Pathway, landscape, and architectural lights, to which all of the following apply:
a. No more than 300 lumens;
b. 4 watt LED or 25 watt incandescent;
c. 3000K or less,
d. At least partially shielded, as defined, and;
e. In the case of landscape and architectural lights which use uplighting, these shall be aimed to hit their target such that the light is contained by landscape or architectural elements.
3. String lighting which is:
a. No more than 50 lumens per individual lamp/bulb with a total lumen output of no more than 1,000 lumens;
b. 3000K or less;
c. At least partially shielded, as defined, and;
d. Mounted no more than 12 feet in height.
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Ordinance No. 26-02 Page 5 March 12, 2026
4. Temporary lighting which is:
a. Used for seasonal lighting decoration, as defined, provided that such lighting is in place no longer than 30 days prior to a holiday or tradition, or more than 30 days after the holiday or tradition, for a maximum of 60 days per year. Such lighting may include laser source lights but may not include high intensity lights such as searchlights, floodlights, strobe lights, or similar.
b. Approved by the Planning Director as part of a Special Events Permit or Temporary Use Permit, provided that the intent of this section is met to the extent feasible. c. Emergency lighting under the direction of governmental agencies or medical professionals.
5. Lighting for school district sites and/or other governmental facilities which are otherwise exempt from local regulations.
D. Prohibited Outdoor Lighting. Outdoor lighting subject to this section shall not consist of the following types:
1. High intensity lights such as searchlights, floodlights, laser source lights, strobe lights, or similar.
2. Permanently installed lighting device located on the exterior of a building or on the inside of a window, that blinks, flashes or is of brightness that is visible beyond the boundaries of the parcel and that results in light trespass.
3. Lighting which interferes with the safe movement of motor vehicles, such as lighting that distracts or disables the vision of a motor vehicle operator (e.g., excessively bright or rapid blinking, flashing, and/or motion video) or contributes to traffic control confusion (e.g., sources resembling or imitating traffic signals).
4. Digital billboards.
E. General Requirements. Outdoor lighting subject to this section shall comply with the following:
1. Orientation.
a. Outdoor lighting shall be directed downward.
b. Lighting fixtures shall be mounted parallel to the ground, except that lighting for exterior signs may be angled so that light is directed to illuminate the sign only.
2. Shielding.
a. Outdoor light fixtures shall be fully shielded, as defined (see Figure A for examples of unshielded versus fully shielded lights), except for the following:
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Ordinance No. 26-02 Page 6 March 12, 2026
i. Outdoor light fixtures in the Avenue of Flags Specific Plan area may have sides which are made of opaque or semi-opaque materials, provided the fixture has an opaque top to keep light from shining directly upwards. The sides shall completely cover the light source. Fixtures with opaque sides may have incidental decorative perforations that emit small amounts of light. Semi-opaque material, such as dark tinted glass or translucent plastic, may be used if the light source is not discernable behind the material. Completely transparent materials, such as clear glass, are not allowed.
ii. Wall signs may be internally illuminated on commercial development within the General Commercial (CR) zoning district, provided semi-opaque materials are used such that the light emanating from the sign is diffused. Transparent or clear materials are not allowed.
iii. Uplighting is permitted for outdoor lighting fixtures on residential structures only when the fixture is installed beneath a covered porch or comparable structure that fully obstructs the emission of light into the sky. Such installations shall be considered compliant with the requirements for a fully shielded light (see Figures B and C).
b. The light source shall not be visible beyond the property lines. c. Exterior lights shall be directed away from areas zoned or developed residentially, areas zoned as open space, and creeks or rivers (see Figure B). d. Additional shielding (such as a shielded directional fixture, as defined, further recessed bulbs, and/or lower lumens) may be required in cases where outdoor lighting is installed 12 feet or more above the grade of adjacent residential sites and where there would be unacceptable light trespass onto residential units. e. In certain locations or circumstances, interior lighting may need evaluation and require regulation if the fixtures result in glare or light trespass onto neighboring properties, or sky glow.
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Ordinance No. 26-02 Page 7 March 12, 2026
Figure A – Examples of Unshielded and Fully Shielded Light Fixtures Figure B – Light Directed Away from Sensitive Areas
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3. Bulbs/Lamps.
a. LED. Light bulbs shall be LED or equivalent low voltage/high efficacy. b. Color Temperature. Light bulbs shall have a correlated color temperature (CCT) of 3000 Kelvin (K) or less, except for the following:
i. Light bulbs shall be no more than 2700 K when located within 100 feet of the open space zoning district, 50 feet or less from the top of bank of creeks, and/or 200 feet or less from the top of bank of the Santa Ynez River; if more than one of these applies, the most stringent shall apply.
4. Maximum Heights.
a. Parking lot lights and freestanding security/yard lights within residentially zoned areas or within 100 feet of residential development shall have a maximum mounting height of 15 feet, otherwise parking lot lights and freestanding security/yard lights shall have a maximum mounting height of 20 feet.
b. Streetlights shall be the minimum height needed for adequate illumination, per applicable standards utilized by the Public Works Department. c. Freestanding lights for pedestrian areas and pathways shall be a maximum of 12 feet in height.
d. Lighting installed on the ground floor of buildings, or on any other structure except upper building floors, shall not exceed 12 feet in height measured from the ground directly below the fixture. Light fixtures installed beneath gas station canopies may exceed this limit but shall not exceed 20 feet in height above finished grade.
5. Lighting Controls. Outdoor lighting must be turned off during daylight hours and during any hours when the structure is not in use, except as provided below. a. When People are Present. Outdoor lighting may remain on when people are present in the outdoor areas being illuminated, except as provided below. b. Code Required Lighting. Building or other construction and safety code required lighting for steps, stairs, walkways, entrances, parking areas, and other building and site features that is dimmed to the minimum light level necessary to meet code requirements.
c. Safety and Security Lighting.
i. Motion-Controlled Security Lighting. Security lighting may be controlled by a motion-sensor switch between sunset and sunrise the following day provided the lighting does not remain on longer than five minutes after activation. ii. Commercial and Industrial Zones Not Adjacent to Residential Zones, Creeks or the Santa Ynez River. Outdoor security lighting in Commercial and Industrial Zones not adjacent to a Residential Zone, creeks, or the Santa Ynez River may remain on between sunset and sunrise the following day provided lights are dimmed to the minimum level to meet safety and security requirements and are on a timer or sensor that automatically extinguishes the light when sufficient daylight is available.
d. All illuminated advertising signs shall be off between 11:00 p.m. and sunrise the following day, except that on-premises signs may be illuminated while the business is open to the public.
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6. Photometric Plans. In order to mitigate light trespass onto neighboring properties, photometric plans will be subject to the following.
a. The following types of development are not required to provide a photometric plan, unless the Planning Director determines unique circumstances exist on a site which would necessitate a photometric plan in order to analyze light trespass. i. Applications which include outdoor lighting associated with residential dwellings of up to two units.
ii. Applications solely for accessory and canopy structures pursuant to Section
19.06.010 of this Title which include outdoor lighting. b. Unless exempt, a photometric plan shall be submitted with development applications for any of the following: 1) new buildings and structures with proposed outdoor lighting; 2) site-wide lighting; 3) applications for discretionary land use permits and major modifications as defined in this section.
c. Photometric plans shall show foot-candle readings every ten feet within the subject site and at least twenty feet beyond the property lines. d. When a photometric plan is required, outdoor lighting brightness shall not exceed the following levels on the subject site. If more than one of these applies, the most restrictive standard shall apply.
i. General. 10.0 foot-candles maximum on the subject site, except for within and near the open space zoning designation, within and near creeks and river areas, and on service/gas stations and auto sales lots, as specified. ii. Open Space Areas. 0.1 foot-candles maximum on and within 100 feet of properties zoned as Open Space (OS), with exception made for the following:
1. Security lighting which is no more than 2,600 lumens and controlled by a motion-sensor switch between sunset. and sunrise the following day provided the lighting does not remain on longer than five minutes after activation. iii. Creeks and River Areas. 0.1 foot-candles maximum within 50 feet from the top of bank for creeks, and 200 feet from the top of bank of the Santa Ynez River, with exception made for the following:
1. Security lighting which is no more than 2,600 lumens and controlled by a motion-sensor switch between sunset. and sunrise the following day provided the lighting does not remain on longer than five minutes after activation. iv. Service/Gas Stations and Auto Sales Lots. 40 foot-candles maximum on subject sites with service/gas stations or auto sales as the primary use. 42 of 247
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e. When a photometric plan is required, outdoor lighting brightness shall not exceed the following levels at or beyond the subject site’s property lines. If more than one of these applies, the most restrictive standard shall apply. i. 0.1 foot-candles maximum at property lines on sites zoned or developed with residential uses and sites abutting a residential zoning district, including mixeduse developments with residential units. ii. 0.3 foot-candles maximum at 20 feet from property lines on sites zoned or developed with commercial or industrial uses or sites abutting commercial or industrial zoning districts, except as otherwise specified. iii. Within the Avenue of Flags Specific Plan area, 1.0 foot-candles maximum at property lines, except for sites abutting residential zoning districts or a site developed residentially, including mixed-use developments with residential units, for which the maximum foot-candles at those property lines shall be 0.1.
7. Outdoor lighting shall be in compliance with all applicable provisions of the latest adopted editions of the California Electrical Code and Energy Code. If any provisions of this section conflict, the California Electrical Code and Energy Code shall prevail.
F. Outdoor Recreational Lighting. Regardless of the provisions of this section, only the following requirements shall apply to Recreational Lighting, as defined.
1. Application Requirements. Applications for Recreational Lighting require a Minor Use Permit through the Planning Director.
2. Shielding. Recreational lighting shall be fully shielded except when such shielding would cause impairment to the visibility required in the intended recreational activity. In such cases, partially shielded fixtures and downward lighting methods shall be utilized to limit light pollution, glare, and light trespass to a reasonable level as determined by the Planning Director.
3. Color Temperature. Light bulbs shall have a correlated color temperature (CCT) of 5700 Kelvin (K) or less.
4. Photometric Plan Required. There shall be a maximum of fifty (50) foot-candles allowed, contained within an outdoor recreational area when measured from five (5) feet above grade.
5. Timing Controls. Recreational facilities shall not be illuminated unless the facilities are being utilized, with the exception of security lighting, when no more than 2,600 lumens and controlled by a motion-sensor switch which keeps the light off between sunset and sunrise the following day except when activated by motion detection, provided the lighting does not remain on longer than five (5) minutes after activation. 43 of 247
Ordinance No. 26-02 Page 11 March 12, 2026
G. Planning Director Exceptions.
1. Designs, materials, or methods of installation not specifically prescribed by this section may be approved at the discretion of the Planning Director. In approving such a request, the Planning Director shall find that the proposed design, material, or method provides approximate equivalence to the specific requirements of this section or is otherwise satisfactory and complies with the intent of these provisions.
2. Accent Lighting. Accent lighting for architectural features, national flags, statues, public art, public signage or other objects of interest is subject to Planning Director review and approval. In granting a request for approval of accent lighting, the Planning Director shall make all of the following findings:
a. The lighting fixture emits a very narrow cone of light for the purpose of confining the light to the object of interest itself; and
b. The lighting fixture minimizes light pollution, light trespass, and glare to the maximum extent feasible.
H. Application Requirements.
1. An application that includes outdoor lighting shall include information and materials as identified in the applicable checklist provided by the Planning Department that show the proposed outdoor lighting will comply with the requirements of this section.
2. Applications for outdoor lighting shall be processed via a Zoning Clearance per Section
19.08.030 of this Title. If the outdoor lighting is part of a discretionary land use permit for a development, the outdoor lighting shall be processed concurrently and as part of the discretionary land use permit.
I. Definitions.
“Correlated Color Temperature (CCT)” means a measure (in Kelvins, K) of the warmth or coolness of the appearance of a light source. Light sources with a CCT of less than 3200 K are considered “warm” in appearance. Light sources with a CCT greater than 4000 K are considered “cool” in appearance.
“Foot-Candle (fc)” is a unit of measurement for light intensity in a given area, defined as the amount of light that falls on a one-square-foot surface from a consistent light source. One footcandle is equal to one lumen per square foot. “Fully Shielded”, means a light fixture designed or shielded in such a manner that no light is emitted, either directly or indirectly, at or above a horizontal plane running through the lowest light-emitting part of the light fixture. See Figure C. 44 of 247
Ordinance No. 26-02 Page 12 March 12, 2026
Figure C – Horizontal Plane of Light
“Glare” means the sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light. The magnitude of glare depends on such factors as the size, position, brightness of the source dangerous to the public health and safety, as they may contribute to vehicular or other, and the brightness level to which the eye is adapted.
“Light Trespass” means any artificial light falling across property boundaries and producing objectionable illumination of an adjacent property. See Figure D. 45 of 247
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Figure D – Light Trespass
“Partially Shielded” means a light fixture constructed and mounted such that most light is projected below the horizontal plane of light that is emitted by the fixture, either directly from the lamp or a diffusing element (i.e. frosted glass), or indirectly by reflection or refraction from any part of the fixture.
“Recreational Lighting” means lighting used for outdoor sports fields, outdoor ball courts, and similar, but does not include lighting for bicycle paths, hiking or equestrian trails. “Searchlight” means a lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp, and with a swiveled or gimbaled mount to allow the assembly to be easily redirected. Such lights are used commonly to sweep the sky for advertisement purposes. "Seasonal Lighting" means temporary lighting displays installed and operated on a property, typically in connection with holidays or traditions. “Shielded Directional Fixture” means a lighting fixture with a built-in feature that reduces or stops the direction of light traveling in one or more directions. “Skyglow” means the brightening of the nighttime sky resulting from scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Skyglow is caused by light directed or reflected upwards or sideways and reduces one’s ability to see the night sky. “String Lighting” means small lights attached to a wire, string or cable used for ambience or decoration.
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Ordinance No. 26-02 Page 14 March 12, 2026
“Strobe Light” means a specialized lamp that produces a continuous series of short, bright light flashes.
B. Section 19.18.024 of Chapter 19.18 of Title 19 of the Buellton Municipal Code is hereby amended as follows (note: double underlining denotes language additions and stricken language is to be removed):
19.18.024. Performance standards.
A. CC&Rs are required for all mixed-use projects and shall include provisions notifying future residential tenants and owners of the potential noise and nuisance impacts of living in a mixed-use project.
B. Outdoor Lighting. Outdoor lighting shall be shielded in a manner that prevents a direct line between its luminary and any residentially zoned or residentially developed parcel. Within 50 feet of a residentially zoned parcel, lighting shall be installed no higher than 20 feet above the ground directly below the light fixture. Outdoor lighting shall not exceed the following levels:
1. One-half foot-candles at the property line if the subject property abuts a residential zoning district.
2. Two foot-candles at the property line if the subject property abuts a nonresidential zoning district.
CB. Glare and Heat. Glare and heat from arc welding, acetylene torch cutting, or similar processes shall be contained within a completely enclosed and vented building.
DC. Odors. The odors released from any operation or activity shall not exceed detectable concentrations beyond any lot lines. Commercial or industrial uses with attached residential units provide state-of-the art ventilation systems to prevent odors from penetrating the attached residential units.
ED. Vibration. No use, activity, or process shall produce vibrations that are perceptible without instruments at the property line for more than three minutes in any one hour of the day between the hours of 8:00 a.m. and 9:00 p.m. No use, activity, or process shall produce any vibrations between the hours of 9:00 p.m. and 8:00 a.m.
FE. Hours of Operation. Unless otherwise approved through a Development Plan, the hours of operation for any commercial or industrial component of a mixed-use project with a residential component, except live-work/work-live units, shall not begin before 7:00 a.m. or continue after 9:00 p.m. These hours of operation shall include other activities directly related to the operation of the commercial or industrial component, including, but not limited to, deliveries and cleaning activities. Projects within specific plan areas are exempt from the time limitations of this section, and hours of operation for these projects should be considered on a case-by-case basis.
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Ordinance No. 26-02 Page 15 March 12, 2026
GF. All work shall be performed entirely indoors unless otherwise approved through the development plan. Any outdoor work allowed through a development plan shall not be performed in designated parking areas, drive aisles, or landscape areas. All approved outdoor work areas shall not be counted as required open space or landscaping.
HG. Flammable, Explosive, and Combustible Materials. The use or storage of flammable, explosive, or combustible materials shall at all times comply with the adopted Uniform Fire Prevention Code, California Building Code, and all other applicable adopted ordinances or regulations of the city of Buellton, county of Santa Barbara, state of California, and the federal government.
IH. Noise. All mixed-use projects shall comply with the adopted noise regulations of the city of Buellton.
JI. Staircases. All stairways that connect adjacent levels, stories or floors shall be provided with an intermediate landing at the mid-height level and shall otherwise comply with all other applicable building code provisions in effect at the time of submittal application. Alternatively, elevators may be provided.
KJ. Three-Bedroom Units. A maximum of five percent of the dwelling units may be three-bedroom units. Percentages shall be rounded to the nearest whole number.
Four-bedroom and more units are prohibited.
SECTION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.
SECTION 4. The City Clerk is directed to: (i) certify this Ordinance and cause it to be published in the manner required by law.; (ii) make typographical, grammatical and similar corrections in the final text of the Ordinance so long as such corrections do not constitute substantive changes in context; and (iii) cause the Buellton Municipal Code to be reprinted by amending language in its’ entirety where specified in Section 2, and deleting language contained within Section 2 of this Ordinance that is stricken and adding language that is double underlined.
PASSED, APPROVED AND ADOPTED this12th day of March, 2026. _______________________________
David Silva
ATTEST: Mayor
____________________________
Linda Reid
City Clerk
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RESOLUTION NO. 26-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BUELLTON, CALIFORNIA, ADOPTING UPDATED
COMMUNITY DESIGN GUIDELINES AND
SUPERSEDING PRIOR VERSIONS
BE IT RESOLVED by the City Council of the City of Buellton as follows:
WHEREAS, the City of Buellton (“City”) periodically reviews its Community Design Guidelines to ensure they reflect current community values, best practices, and applicable laws; and
WHEREAS, City staff has prepared updated Community Design Guidelines, attached hereto as Exhibit A, to improve consistency with updated outdoor lighting standards per Ordinance No. 26-02; and
WHEREAS, the Planning Commission held a duly noticed meeting on February 5, 2026, and recommended that the City Council adopt the updated Community Design Guidelines; and WHEREAS, the City Council now wishes to adopt the updated Community Design Guidelines and supersede prior versions to ensure consistent Citywide application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Buellton that:
SECTION 1. The City Council hereby adopts the Community Design Guidelines attached hereto as Exhibit A and incorporated herein by this reference.
SECTION 2. The updated Community Design Guidelines supersede and replace all prior versions and conflicting policies.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
Exhibit A – City of Buellton Community Guidelines (2026) PASSED, APPROVED and ADOPTED this 12th day of March, 2026. _________________________________
David Silva
ATTEST: Mayor
_______________________________
Linda Reid
City Clerk
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18 Architectural Character
Chapter 2 - Architectural Character
and massing is essential to the Mission Revival Architectural style. - Columns can vary slightly in
size, frequency, material, andproportion, but the supportitself should appear solid andprovide a sense of stability. - Simple pipe or square tubing,
although functional, is notconsistent with the MissionRevival Architectural style.These types of supportcolumns should be avoided. - The base of columns should
have a distinct materialapplication or relief treatment.This application shouldextend a minimum of 12”above the base. - The top of the column should
also be treated as a terminusor transition to the horizontalsupport. When selecting materials and
determining the level of detailto apply on the underside of thearcade/covered walkway, prioritymust be given to visibility. Thisarea will be very visible from apedestrian point of view, and un
fi nished looking treatments
must be avoided. - The appropriate treatment of
this surface should enhancethe effectiveness of signs.
- Proper attachments for signs
should be utilized at everyapplication. Screw in “J” or“eye” hooks are not allowed. - Locate and select lighting that
does not create glareor an unsafe situation forpedestrians. Low level,upward lighting, or soffi tlighting, is more appropriatethan “spot” OLJKWLQJ or“downlighting”. Lighting that isdirectly focused on signs maybe appropriate if carefullyapplied and controlled. The use of trellises along blank
walls is encouraged. Trellisesshould add interesting shadeand shadow detail and create anopportunity for climbing vines onbare walls.- Heavy timber with dark colored stains should be usedfor trellis structures.
The use of trellises along
blank walls is encouraged
The base and top of a column should be have
distinct architectural treatments
Exhibit A to Resolution 26-0
5 50 of 247
46 Single-Family
Chapter 3 - Single-Family Residential
Outdoor LightingOutdoor light
fi xtures, including street
lights and lamps (light bulbs) that provide nighttime safety and security while conserving energy, protecting the night sky, and minimizing glare and light trespass within and beyond the project site should be chosen. Cutoff lighting fi xtures should be mounted parallel to the ground and located, aimed, and shielded to direct light only onto buildings or walkways and not toward adjacent roads or residences. Light
fi xtures should be
architecturally compatible withbuilding design.
If project elements, such as
signs, walls, and trees are lit,downlighting is encouraged.Lighting sources should behidden unless the sources are anintegral part of the design. Low-voltage/high effi ciency
lighting should be used in thelandscape whenever possible. Timers or sensors should be
used to avoid unnecessarylighting.
Pedestrian light poles along
sidewalks or pathways within aproject should be 10’ to 15’
high.
Electrical elements such as
wires, conduits, junction boxes,transformers, ballasts, andswitch and panel boxes shall beconcealed from view.
Pedestrian light poles should be between 10’
and
15’ high
Light fi xtures should be compatible with building design 51 of 247
Community Design Guidelines
City of Buellton
November 10, 2005 57
Chapter 4 - Multi-Family Residential
Areas for centralized trash
container storage and recyclingbins should be incorporatedinto the building design and/or screened with walls andlandscaping. Trash and recycling storage
areas should be located at therear or interior side yards. Refuse collection enclosures
should be constructed ofdurable, low maintenance, andnoncombustible materials. Centralized trash enclosures
should be designed with apedestrian opening to allowresidents to access bins withoutopening the gates.
Outdoor LightingOutdoor light fixtures, including street lights and lamps (light bulbs) that provide nighttime safety and security while conserving energy, protecting the night sky, and minimizing glare and light trespass within and beyond the project site should be chosen. Cutoff lighting fi xtures should be mounted parallel to the ground and located, aimed, and shielded to direct light only onto buildings or walkways and not toward adjacent roads or residences. All building entrances and
pedestrian ways should beadequately lit to provide safetyand security. Light fi xtures selected should be
architecturally compatible withthe building design.
Exposed bulbs are strongly
discouraged and will only beallowed with the permission ofthe Planning Commission. No lights should be used on the
top of any structure.
If project elements, such as
signs, walls, and trees are lit,downlighting is encouraged.Lighting sources should behidden unless the sources are anintegral part of the design.
Exterior lighting should be unobtrusive minimize light trespass onto neighboring properties Light fixtures selected should be architecturally compatible with the project Outdoor storage areas should be screened from view
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58 Multi-Family
Chapter 4 - Multi-Family Residential
Pedestrian light poles along
sidewalks or pathways within aproject should be 10’ to 15’high. Decorative illuminatedbollards are encouraged forwalkways in parking lots and forpedestrian areas betweenbuildings. Electrical elements such as
wires, conduits, junction boxes,transformers, ballasts, andswitch and panel boxes shall beconcealed from view.
Pedestrian ways lights should be adequately litbetween 10' to 12' high Decorative bollards are encouraged
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82 Commercial and Mixed-Use
Chapter 5 - Commercial and Mixed-Use
Trash enclosures should be
surrounded by building orlandscaping on three sides.Doors should not face the street. Trash/recycling containers should
be large enough and numerousenough to handle the refusegenerated by the site. Using chain link fencing and
gates with wooden slats toscreen trash/recycling containersis prohibited. Trash enclosures should have
pedestrian gates so that largeaccess gates do not need to beopened as often.
Outdoor LightingOutdoor light
fixtures, including street
lights and lamps (light bulbs) that provide nighttime safety and security while conserving energy, protecting the night sky, and minimizing glare and light trespass within and beyond the project site should be chosen. Cutoff lighting fi xtures should be mounted parallel to the ground and located, aimed, and shielded to direct light only onto buildings or walkways and not toward adjacent roads or residences. Light
fixtures should be designed
to complement the architecturalstyles of the buildings. Gooseneck lamps with a diffuser
or re
fl ector fully shielded light
source should be usedin Agrarian and Ranch Style
architectural developments.
Low-voltage lighting conserves
energy and must be used in thelandscape whenever possible. For greatest effi ciency, light
sensors and timers should beused whenever possible to avoidunnecessary light usage. Light poles in parking lots should
be to scale with the building orcomplex and surrounding area,with a maximum height of about25’. Pedestrian light poles along
sidewalks or pathways should be10’ to 15’ high. Decorative illuminated bollards areencouraged for walkways inparking lots and for pedestrianareas between buildings.
Trash enclosures should have pedestrian gates
Gooseneck lamps should be used in Agrarian and
Ranch Style architectural developments
Light poles in parking lots should
be to scale with the building
54 of 247
Community Design Guidelines
City of Buellton
November 10, 2005 83
Chapter 5 - Commercial and Mixed-Use
Security lighting
fi xtures should
not project above the facia orroo
fl ine of the building and are to
be shielded. The shield shouldbe painted to match the surfaceto which it is attached. Securitylighting fi xtures should not be
substituted for parking lot orwalkway lighting
fi xtures.
Lighting should be used to
provide illumination for thesecurity and safety of on-siteareas such as parking, loading,shipping, receiving, pathway andworking areas. If project elements, such as
signs, walls, and trees are lit,downlighting is encouraged.Lighting sources should behidden unless the sources are anintegral part of the design. Landscape lighting can be used
to accent walkways, entries, andseating areas.
Electrical elements such as
wires, conduits, junction boxes,transformers, ballasts, andswitch and panel boxes shall beconcealed from view.
Pedestrian light poles should be 10’ to
15’ high
Lighting design and fi xtures should match the project architecture 55 of 247
108 Industrial
Chapter 6 - Industrial
compatible with the main structure or theme of the building. Light
fixtures should be true to
the industrial genre in style andmaterials, with simple modernforms, and should be made fromun finished metal or color coated
metal.
Low-voltage lighting conserves
energy and must be used in thelandscape whenever possible. For greatest efficiency, light
sensors and timers should beused whenever possible to avoidunnecessary light usage. Pedestrian light poles along
sidewalks or pathways should be10’ to
15’ high. Decorativeilluminated bollards areencouraged for walkways inparking lots and for pedestrianareas between buildings. Light poles in parking lots should
be to scale with the building orcomplex and surrounding areaand should have a maximumheight of about 25’. Security lighting
fi xtures should
not project above the facia orroo
fl ine of the building and are to
be shielded. The shield shouldbe painted to match the surfaceto which it is attached. Lighting should be used to
provide illumination for thesecurity and safety of on-siteareas such as parking, loading,shipping, receiving, pathway, andworking areas. If project elements, such as
signs, walls, and trees are lit,downlighting is encouraged.Lighting sources should behidden unless the sources are anintegral part of the design. Landscape lighting can be used
to accent walkways and entries,seating areas, and/or specimenplants/trees. Electrical elements such as
wires, conduits, junction boxes,transformers, ballasts, andswitch and panel boxes shall beconcealed from view.
Pedestrian light poles should be 10’ to 15’
Parking lot lights should be to scale with the building Light fi xtures should be true to the industrial genre
56 of 247
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 6
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: March 12, 2026
Subject: Resolution No. 26-04 - “A Resolution of the City Council of the City of Buellton, California, Adopting the Measure A Five-Year Local Program of Projects for Fiscal Years 2026/2027 -
2030/2031”
______________________________________________________________________________
BACKGROUND
On November 4, 2008, the voters of the County of Santa Barbara approved Measure A – the Road Repair, Traffic Relief and Transportation Safety Measure. As a result, the local sales tax rate was continued countywide by ½ cent effective April 1, 2010. The transportation sales tax will remain in effect for 30 years, with the revenues being allocated for transportation improvements identified in the Measure A Investment Plan.
Any projects funded with Measure A revenues must be identified in the five-year Measure A Program of Projects (POP).
The five-year POP must be approved through a public hearing and the approved program must be forwarded to the Santa Barbara County Association of Governments by March 31, 2026.
The Measure A funds have been used to supplement the City’s local general funds allocated to its road maintenance, striping, sidewalk improvements and transit subsidy.
The City has used Measure A funds to subsidize the Dial-A-Ride program, part of the Santa Ynez Valley Transit operations, which is funded by the Cities of Solvang and Buellton and the County of Santa Barbara.
The City will continue to utilize Measure A Funds to support other City transit obligations such as the Wine Country Express and Breeze 200. Historically, the City has utilized General Fund to support transit since all of its TDA allocations are provided to the City of Solvang for operation of the Santa Ynez Valley Transit. The City is required to provide a minimum of 5% of its Measure A local fund towards alternative transportation.
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Resolution No. 26-04 Page 2 March 12, 2026
During the April 10, 2014, Council meeting, Council discussed the potential to utilize local Measure A funds towards its Bicycle and Pedestrian Master Plan implementation, specifically the proposed multi-purpose trail along the south city limits. These would be eligible uses and upon actual expenditure would be counted towards the City’s requirement for alternative transportation. As part of this five year POP, staff has continued to identify $10,000 each fiscal year to allocate towards this future project.
Exhibit “A” within Resolution No. 26-04 provides the estimate of Measure A revenues and the proposed maintenance and transit allocations for the next 5 years.
FISCAL IMPACT
Each year the City of Buellton receives a portion of the revenues derived from Measure A sales tax receipts based on population. Estimated revenue anticipated from Measure A for the next five year period is approximately $2,295,082. The annual allocations estimated are as follows:
FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31
$431,087 $442,494 $456,062 $469,867 $495,572
RECOMMENDATION
That the City Council consider adoption of Resolution No. 26-04 – “A Resolution of the City Council of the City of Buellton, California, Adopting the Measure A Five-Year Local Program of Projects for Fiscal Years 2026/27 – 2030/2031”
ATTACHMENTS
Resolution No. 26-04 (Exhibit A)
58 of 247
RESOLUTION NO. 26-04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BUELLTON, CALIFORNIA,
ADOPTING THE MEASURE A FIVE-YEAR LOCAL
PROGRAM OF PROJECTS FOR FISCAL YEARS
2026/2027 - 2030/2031
A. Recitals
WHEREAS, on November 4, 2008, the voters of Santa Barbara County (“County”) approved Ordinance No. 5, the Road Repair, Traffic Relief and Transportation Safety Measure known as Measure A; and
WHEREAS, the Ordinance provides that the County Local Transportation Authority shall annually approve a program of projects submitted by local jurisdictions identifying those transportation projects eligible for Measure A funds during the succeeding five-year period; and WHEREAS, the City of Buellton was provided with an estimate of annual Measure A local revenues for Fiscal 2026/27 – 2030/2031; and
WHEREAS, on March 12, 2026, the City of Buellton conducted and concluded a public meeting in accordance with Section 18 of the Ordinance prior to the adoption of this Resolution; and
WHEREAS, all legal prerequisites have occurred prior to the adoption of this resolution.
B. Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Buellton as follows:
SECTION 1. The City Council finds that all of the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
SECTION 2. The City of Buellton does hereby adopt the attached Five-Year Program for Projects (Exhibit “A”) to be funded in part with Measure A revenues.
SECTION 3. The City of Buellton certifies that it will include in its budget an amount of local discretionary funding for local streets and roads sufficient to comply with the Maintenance of Effort requirements contained in Section 27 of the Ordinance.
SECTION 4. The City of Buellton will not use Measure A revenues to replace private developer funding which has been committed to a transportation project or would otherwise be required under current City policies.
59 of 247
Resolution No. 26-04 Page 2 March 12, 2026
SECTION 5. The City of Buellton has complied with all other applicable provisions and requirements of the Ordinance.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 12th day of March 2026. _________________________________
David Silva
Mayor
ATTEST:
__________________________________
Linda Reid
City Clerk
60 of 247
Local Street & Transportation Improvements Total Project Cost For Santa Barbara County Only Project Descriptions
FY 24/25
Actual
Expenditures
Carry-over
from FY
24/25
Carry-over
from FY
25/26
FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTAL Measure A Revenues Local State Federal TOTAL Non-Measure A Revenues Class 2 Bikeway Maintenance
Expenditure - Count as
Alternative Transportation
Expenditure
Maintainance, Improvement or Construction of Roadways & BridgesRoad Maintenance, slurry seal and R&R $349,087 $410,494 $374,062 $437,867 $413,572 $1,985,082 $0 $1,985,082 $0 $0 $0
$0 $0 $0
Safety Improvements
$0 $0 $0
$0 $0 $0$0 $0 $0
Urban Forestry Street Tree Program
$0 $0 $0
$0 $0 $0$0 $0 $0
Storm Damage Repair to Transportation Facilities
$0 $0 $0
$0 $0 $0$0 $0 $0
Roadway Drainage Facilities
$0 $0 $0
$0 $0 $0$0 $0 $0
Traffic Signal Coordination, Intersection Channelization $0 $0 $0
$0 $0 $0$0 $0 $0
Traffic Management
$0 $0 $0
$0 $0 $0$0 $0 $0
Landscaping Maintenance
$0 $0 $0
$0 $0 $0$0 $0 $0
Highway Improvements
$0 $0 $0
$0 $0 $0$0 $0 $0
Matching Funds for State and Regional Programs and Projects $0 $0 $0
$0 $0 $0$0 $0 $0
TOTAL 0 $0 $349,087 $410,494 $374,062 $437,867 $413,572 $1,985,082 $0 $0 $0 $0 $1,985,082 $0 Alternative Transportation Expenditures Total Project CostProject Descriptions FY 24/25
Actual
Expenditures
Carry-over
from FY
24/25
Carry-over
from FY
25/26
FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTAL Measure A Revenues Local State Federal TOTAL Non-Measure A Revenues Maintenance, Repair, Construction & Improvement of Bike & Ped Facilities $0Sidewalk/Concrete Repairs $50,000 $50,000 $50,000 $150,000 $0 $150,000 Multi-Purpose Trail Reserve $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 $0 $50,000 $0 $0 $0
Safe Routes to School Improvements
$0 $0 $0
$0 $0 $0$0 $0 $0
Reduced Transit Fares for Seniors & DisabledSYVT - Dial-A-Ride Subsidty 2000 $2,000 $2,000 $2,000 $2,000 $2,000 $10,000 $0 $10,000 $0 $0 $0
$0 $0 $0
Bus and Rail Transit Services and FaciltiesWine Country Express (WCE) 20000 $20,000 $20,000 $20,000 $20,000 $20,000 $100,000 $0 $100,000 Breeze 2.0 $0 $0 $0
$0 $0 $0
Programs, Education, & Incentives to Reduce Single Occupant Auto Trips or Transportation Demand $0 $0 $0
$0 $0 $0$0 $0 $0
TOTAL ALTERNATIVE TRANSPORTATION EXPENDITURES 0 $0 $82,000 $32,000 $82,000 $32,000 $82,000 $310,000 $0 $0 $0 $0 $310,000 TOTAL EXPENDITURES 0 $0 $431,087 $442,494 $456,062 $469,867 $495,572 $2,295,082 $0 $0 $0 $0 $2,295,082 $431,087 $442,494 $456,062 $469,867 $495,572
Alternative Transportation Summary $0 $0 $0 $0 $0
TOTAL MEASURE A ALLOCATION (FY 2026/27 TO 2030/31) $2,295,082MINIMUM ALTERNATIVE PERCENTAGE PRESCRIBED BY INVESTMENT PLAN TO BE MET BY FY 2029/30 FOR FISCAL YEARS 2025/26 THROUGH 2029/30 5% Enter Percentage TOTAL MEASURE A ALLOCATION TO ALTERNATIVE TRANSPORTATION $310,000 $310,000 PERCENTAGE OF MEASURE A ALLOCATION TO ALTERNATIVE TRANSPORTATION 14% Enter Percentage Measure A Revenues Non-Measure A Revenues
Non-Measure A Revenues
City of Buellton
Measure A Local Street and Transportation Improvements Submittal Form Five Year Measure A Program of Projects (Fys 26/27 to 30/31) (Figures in $1000's)
Measure A Revenues
61 of 247
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 7
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: March 12, 2026
Subject: Ordinance No. 26-03 - “An Ordinance of the City Council of the City of Buellton, California Amending Chapter 3.28.060 of the Buellton Municipal Code Pertaining to Registration Requirements of Hotel Operators Subject to Transient Occupancy Tax, and Adding Chapter 19.06.290 of the Buellton Municipal Code Pertaining to the Operation of Hotels for Short Term Rental Use Only” (Introduction and First Reading)
______________________________________________________________________________
BACKGROUND
On August 14, 2025, subsequent to a Public Hearing and recommendation from the Planning Commission (See Attachment 1), the City Council held a Public Hearing and conducted the Introduction and First Reading of Ordinance No. 25-06, which was not adopted and has since been renumbered as Ordinance No. 26-03, pertaining to the conversion of long-term residential hotels back to short term rentals (See Attachment 2).
The Second Reading of the ordinance was tabled at the September 11, 2025 meeting to a date following the certification of the 2025 City Council District 4 Special Election, to allow for the decision on the ordinance to be made with a five-member City Council. At its October 23, 2025, meeting, the City Council continued the public hearing for Ordinance No. 25-06 to a date certain of November 13. This continuance was made in order to allow time for the California Department of Housing and Community Development (HCD) to provide feedback on the ordinance and associated program of providing replacement units for various motels on Avenue of Flags.
As of the meeting date of November 13, HCD had not yet fully evaluated the City’s ordinance and reviewed it for consistency with their requirements, and therefore the matter was continued to a date uncertain, with the understanding that the matter would be brought back to the City Council as a Public Hearing for Introduction and First Reading of the ordinance once HCD had provided its feedback and appropriate notice of the public hearing had been given.
Since November, staff met with HCD on several occasions to answer questions and describe the ordinance, the history leading up to it, and the public outreach conducted by the City and its partners – Palm Communities, the Housing Authority of Santa Barbara 62 of 247
Ordinance No. 26-03 Page 2 March 12, 2026
County (HASBARCO), and People Helping People – in advance of the initial Public Hearing before the Planning Commission. On February 9, 2026, staff met with representatives from HCD one final time. In addition to asking questions clarifying some of the facts of the Polo Village outreach program, HCD requested that the City consider extending the timeframe during which existing tenants who were on the HASBARCO affordable housing waiting list could continue living in existing non-permitted motel conversion units beyond the six-month period from the effective date of the ordinance.
Staff indicated that the City’s program could accommodate a timeframe of an additional year beyond the six months originally stated in the ordinance. HCD staff indicated that this extension would be acceptable to resolve their concerns.
The attached Ordinance No. 26-03 reflects a change from the original time frame to the new time frame as requested by HCD. These time frames are shown on (Attachment 3). In addition to the change of time frame, given the anticipated timing of the ordinance’s adoption, staff has removed the provision in the previous version which avoided move-out dates during the winter holidays.
This public hearing has been noticed in accordance with State Law and the Buellton Municipal Code, and additional notice in the form of a letter and a copy of the current draft ordinance was mailed to Avenue of Flags motel owners on March 3, 2026.
GENERAL PLAN CONSISTENCY
Staff has determined that the proposed Amendments are consistent with the General Plan, the Avenue of Flags Specific Plan, the requirements of state planning and zoning laws, and Title 19 of the Buellton Municipal Code (Zoning Ordinance).
ENVIRONMENTAL REVIEW
The adoption of the ordinance associated with this item is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b) (3), because the proposed Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Ordinance re-establishes and requires compliance with City Municipal Code requirements and project approvals which have been violated over many years and therefore would have no significant effect on the environment.
RECOMMENDATION
That the City Council introduce Ordinance No. 26-03, “An Ordinance of the City Council of the City of Buellton, California Amending Chapter 3.28.060 of the Buellton Municipal Code Pertaining to Registration Requirements of Hotel Operators Subject to Transient Occupancy Tax, and Adding Chapter 19.06.290 of the Buellton Municipal Code Pertaining to the Operation of Hotels for Short Term Rental Use Only” by title only, that further reading be waived, and that Ordinance No. 26-03 be introduced for first reading. 63 of 247
Ordinance No. 26-03 Page 2 March 12, 2026
ATTACHMENTS
Ordinance No. 26-03
Attachment 1 – Planning Commission Resolution No. 25-08 Attachment 2 – City Council Staff Report – August 14, 2025 Attachment 3 – Original and Revised Timelines for Reversion to Short Term Rental 64 of 247
ORDINANCE NO. 26-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BUELLTON, CALIFORNIA, AMENDING CHAPTER 3.28.060
OF THE BUELLTON MUNICIPAL CODE PERTAINING TO
REGISTRATION REQUIREMENTS OF HOTEL OPERATORS
SUBJECT TO TRANSIENT OCCUPANCY TAX, AND ADDING
CHAPTER 19.06.290 OF THE BUELLTON MUNICIPAL CODE
PERTAINING TO THE OPERATION OF HOTELS FOR SHORT
TERM RENTAL USE ONLY (25-ZOA-01)
THE CITY COUNCIL OF THE CITY OF BUELLTON DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council finds and declares as follows:
WHEREAS, the City of Buellton (“City”) has adopted a General Plan to ensure a wellplanned and safe community; and WHEREAS, protection of public health, safety, and welfare is fully articulated in the General Plan; and
WHEREAS, State law requires that the City’s Zoning Code conform with the General Plan's goals and policies; and
WHEREAS, it is necessary from time to time to update the Zoning Code to follow best practices to address public health, safety, and welfare concerns; and WHEREAS, several hotels and motels within the City currently rent rooms on a long-term (greater than 30 day) basis as Single Room Occupancies (SROs), which is contrary to the provisions of the Buellton Municipal Code; and
WHEREAS, the Buellton General Plan Housing Element identifies the need for SROs as a type of housing which serves a segment of the population; and WHEREAS, the Buellton General Plan Housing Element has determined that the need for SROs can be met with the units available in Red Rose Court, located at 535 Avenue of Flags, and that other properties providing SROs within hotel or motels should be converted back to hotel uses; and
WHEREAS, the City of Buellton has partnered with the developer of the Polo Village project located at 560 McMurray Road to provide a sufficient number of affordable housing units, and to encourage and assist the residents of the SRO units within existing hotel or motel uses within the City to apply for units within Polo Village when it is occupied; and WHEREAS, Polo Village offers larger, more modern units, with significantly better living conditions at rates which may be lower than those charged by SROs in Buellton; and WHEREAS, the City desires to adopt an ordinance that addresses the conversion of SROs existing within hotels or motels back to short-term rental status, in accordance with Buellton Municipal Code requirements.
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Ordinance No. 26-03 Page 2 March 12, 2026
SECTION 2. Chapter 3.28.060.
A. Section 3.28.060 of the Buellton Municipal Code is amended to read as follows:
Sec. 3.28.060. Registration.
Within 30 days after commencing business or reverting to a hotel use pursuant to Section 19.06.290 of this Code, each operator of any hotel renting to transients must register the hotel with the tax administrator and obtain from him or her a "transient occupancy registration certificate" to be posted at all times in a conspicuous place on the premises. This certificate shall state, among other things, the following:
A. The name of the operator;
B. The address of the hotel;
C. The date upon which the certificate was issued; and
D. "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax by registering with the tax administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the tax administrator.
This Certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all applicable laws, including, but not limited to, those requiring a permit from any board, commission, department, or office of this city." SECTION 3. Chapter 19.06.290
A. Section 19.06.290 of the Buellton Municipal Code is added to read as follows:
Sec. 19.06.290. Hotels.
A. No use authorized by the City as a hotel or building built or operated as a hotel on or after February 1, 1992, shall be converted to residential use for stays longer than 30 days, without approval by the City Council.
a. Any hotel uses which, prior to [the effective date of this section], have converted to residential use for stays longer than 30 days shall discontinue rental of rooms for periods greater than 30 days and revert to hotel uses no later than 180 days of the effective date of this ordinance. Registration with the City and payment of Transient Occupancy Tax pursuant to Chapter 3.28 of this Code shall be made for all rooms rented.
b. Extensions of the reversion date may be granted by the City Manager for individual units of tenants who have been pre-qualified for rental of units in the Village Senior Apartment project, the Buellton Garden Apartment project, or other nearby housing project, or income qualified and on the Waiting List of the Housing Authority of Santa Barbara County. Proof of pre-qualification from the developer/operator of these projects or documentation of Waiting List qualification will be required for such extension to be granted. Extensions shall not be granted past the date of final 66 of 247
Ordinance No. 26-03 Page 3 March 12, 2026
occupancy of the project for which a resident is pre-qualified, or past a date two years from the effective date of this ordinance.
c. Hotel operators with long-term tenants which have been granted extensions shall provide a list of rooms housing such tenants as a part of their required Transient Occupancy Tax return to the City beginning on the return for the month of [month following the effective date of this section]. The inclusion of this list may be discontinued when no further long-term rental tenants reside at the hotel.
B. Exception: As identified in the Buellton General Plan Housing Element, the hotel located at 435 Avenue of Flags (currently identified as “Red Rose Court”), may continue to operate as a Single Room Occupancy residential complex offering stays in excess of 30 days.
SECTION 4. No permit or approval shall be issued or approved for a project which is in conflict with the provisions of this ordinance.
SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act (“CEQA”).
SECTION 6. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 7. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this _____ day of March, 2026. __________________________
David Silva
Mayor
ATTEST:
__________________________
Linda Reid
City Clerk
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PLANNING COMMISSION RESOLUTION NO. 25-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF BUELLTON, CALIFORNIA, CONSIDERING
RECOMMENDATIONS TO THE CITY COUNCIL ON
AMENDMENTS TO TITLE 3 (REVENUE AND FINANCE) AND
TITLE 19 (ZONING) OF THE BUELLTON MUNICIPAL CODE
PERTAINING TO THE OPERATION OF HOTELS FOR SHORT
TERM RENTAL USE ONLY, AND MAKING FINDINGS IN
SUPPORT THEREOF
WHEREAS, the City of Buellton (“City”) has adopted a General Plan to ensure a well-planned and safe community; and
WHEREAS, protection of public health, safety, and welfare is fully articulated in the General Plan; and
WHEREAS, State law requires that the City’s Zoning Code conform with the General Plan's goals and policies; and
WHEREAS, it is necessary from time to time to update the Zoning Code to follow best practices to address public health, safety, and welfare concerns; and WHEREAS, several hotels and motels within the City currently rent rooms on a long-term (greater than 30 day) basis as Single Room Occupancies (SROs), which is contrary to the provisions of the Buellton Municipal Code; and WHEREAS, the Buellton General Plan Housing Element identifies the need for SROs as a type of housing which serves a segment of the population; and WHEREAS, the Buellton General Plan Housing Element has determined that the need for SROs can be met with the units available in Red Rose Court, located at 535 Avenue of Flags, and that other properties providing SROs within hotel or motels should be converted back to hotel uses; and
WHEREAS, the City of Buellton has partnered with the developer of the Polo Village project located at 560 McMurray Road to provide a sufficient number of affordable housing units, and to encourage and assist the residents of the SRO units within existing hotel or motel uses within the City to apply for units within Polo Village when it is occupied; and
WHEREAS, Buellton Municipal Code Section 19.10.110.A.5 requires a public hearing to be held before the Planning Commission, and for the Planning Commission to consider and provide a written recommendation concerning any proposed zoning ordinance amendments to the City Council; and
WHEREAS, all legal prerequisites have occurred prior to adoption of this Resolution;
NOW, THEREFORE, THE PLANNING COMMISSION DOES RESOLVE,
DECLARE, DETERMINE, AND REQUEST AS FOLLOWS:
$77$&+0(17
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PC Resolution No. 25-08 Page 2 July 17, 2025
SECTION 1: All proceedings having been duly taken as required by law, and upon review of the information provided in the staff report, consideration of the testimony given at the public hearing, as well as other pertinent information, the Planning Commission finds the following:
A. Record. Prior to rendering a decision on any aspect of the proposed zoning ordinance amendments, the Planning Commission considered the following:
1. All public testimony, both written and oral, received in conjunction with that certain public hearing conducted by the Planning Commission on July 17, 2025 (“Public Hearing”).
2. All oral, written and visual materials presented by City staff in conjunction with the Public Hearing.
3. The following informational documents which, by this reference, are incorporated herein.
a. That staff report submitted by the City Manager dated July 17, 2025 (the “Staff Report”).
B. Public Review. On the basis of evidence hereinafter listed, all administrative procedures and public participation requirements prescribed in the Buellton Zoning Ordinance have been lawfully satisfied:
1. A notice was published in a newspaper on June 26, 2025 (the “Public Notice”), a minimum of twenty (20) days in advance of the July 17, 2025, Public Hearing.
2. The Public Notice for the Public Hearing was posted in two conspicuous public places on June 26, 2025, a minimum of twenty (20) days before the July 17, 2025, Public Hearing.
C. Environmental Clearance. Adoption of the zoning ordinance amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b) (3), because the proposed Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Ordinance re-establishes and requires compliance with City Municipal Code requirements and project approvals which have been violated over many years and therefore would have no significant effect on the environment.
D. Consistency Declarations. Based on (i) the evidence presented in the Staff Report (incorporated herein by reference), (ii) consultations with affected 69 of 247
PC Resolution No. 25-08 Page 3 July 17, 2025
City Departments, and (iii) testimony and comments received in connection with the public hearing, the Planning Commission does hereby declare as follows:
1. Zoning Ordinance Amendments.
a. Findings:
i. The Amendments are in the interests of the general
community welfare as they promote adequate and
decent housing opportunities for the varying needs
of all socio-economic groups, including the elderly
and low-income households at below market prices
within existing neighborhoods.
ii. The Amendments are in the interest of the general
community welfare as they promote the
revitalization of the City commercial core by aiding
property owners to re-invest in their properties by
removing the burden of the construction of
replacement housing for those motel guest rooms
that are currently used as long-term rental housing.
iii. The Amendments are consistent with the General
Plan, the Avenue of Flags Specific Plan, the
requirements of state planning and zoning laws, and
Title 19 of the Zoning Ordinance.
iv. The Amendments are consistent with good zoning
and planning practices.
SECTION 2. The Planning Commission hereby recommends that the City Council adopt an ordinance to amend Title 3 (Revenue and Finance) and Title 19 (Zoning) of the Buellton Municipal Code in accordance with the changes set forth in Exhibit A to this Resolution.
SECTION 3. The Planning Commission Secretary shall certify as to the adoption of this Resolution and shall cause the same to be transmitted to the City Clerk for consideration by the City Council.
PASSED, APPROVED, AND ADOPTED this 17th day of July, 2025.
_________________________________
Shannon Reese, Chair
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PC Resolution No. 25-08 Page 4 July 17, 2025
ATTEST:
________________________________________
Devon DeFazio, Planning Commission Secretary
Exhibit A – Draft Ordinance with Amendments to Title 3 (Revenue and Finance) and Title 19 (Zoning)
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) SS
CITY OF BUELLTON )
I, Devon DeFazio, Planning Commission Secretary of the City of Buellton, do hereby certify that the above and foregoing Resolution No. 25-08 was duly passed and adopted by the Planning Commission of said City at a regular meeting thereof, held on the 17th day of July 2025, by the following vote, to wit:
AYES: (3 ) Campbell, Sarquilla, Reese
NOES: ( )
ABSENT: (1 ) Kump
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of July, 2025.
___________________________________
Devon DeFazio
Planning Commission Secretary
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ATTACHMENT 2
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.:
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: August 14, 2025
Subject: Ordinance No. 25-06 - “An Ordinance of the City Council of the City of Buellton, California Amending Chapter 3.28.060 of the Buellton Municipal Code Pertaining to Registration Requirements of Hotel Operators Subject to Transient Occupancy Tax, and Adding Chapter 19.06.290 of the Buellton Municipal Code Pertaining to the Operation of Hotels for Short Term Rental Use Only” (Introduction and First Reading)
______________________________________________________________________________
BACKGROUND
The Buellton Municipal Code establishes land use requirements as well as operational, taxation, and reporting requirements for hotels and motels within the City.
Long prior to the incorporation of the City, the former US Highway 101 commercial corridor that is now Avenue of Flags (AoF) was populated by a series of motels, providing lodging for travelers who stopped in Buellton for food, fuel, or automotive service. Over time, the traditional “motel use” of these businesses gradually changed to largely reflect a longer-term, full-time residential use, with the former motel rooms becoming single room occupancy (SRO) housing units. These SRO units existed largely illegally under the City’s zoning ordinance.
However, as the state began to steadily erode the traditional local control that City’s had over their land use decisions (particularly regarding housing), legislative changes were made, enhanced by administrative interpretations, that eventually resulted in these motel rooms being deemed “housing units” by the state. Additionally, a settlement agreement coming from litigation involving the destruction of housing units to make way for the Vintage Walk project on AoF resulted in changes to the City’s Municipal Code requiring replacement of any motel units that had been occupied by long-term tenants within a 90- day period of an application for removal or demolition of those units.
These requirements effectively precluded the large-scale revitalization of AoF that was adopted as City policy through the Avenue of Flags Specific Plan in 2017. The small size of the motel properties, coupled with the requirement to build replacement units, rendered 72 of 247
Ordinance No. 25-06 Page 2 August 14, 2025
redevelopment unlikely as there was neither the space on the properties nor the financial incentives to construct replacement units along with improvements that the City was seeking.
DISCUSSION
In order to aid in the redevelopment of these properties that will be required in order to achieve the City’s long-term policy goals on AoF as stated in the City’s General Plan, the City’s Vision Plan, and the Avenue of Flags Specific Plan, staff engaged in an effort to partner with an affordable housing developer (Palm Communities) and local advocates (People Helping People [PHP] and the Housing Authority of Santa Barbara County [HASBARCO]) to assist in the development of affordable housing away from AoF that could be deemed replacement housing for the purposes of converting the former motel units back to short-term occupancy rather than long-term residential use.
The City’s efforts were both procedural and economic, with effective cooperation with Palm Communities to engage PHP and HASBARCO in an initial survey of motel residents to determine a unit mix needed to accommodate the population of the motels at the time, working with Palm Communities to resolve issues that arose throughout construction, a financial contribution to Palm Communities from the City’s Affordable Housing In-Lieu Fund, and working with PHP and HASBARCO to work with motel residents to qualify them for residency at Palm Communities’ project (Polo Village). The result is that 14 families were moved from the motels on AoF to the Polo Village project in the Spring of 2025. This represented nearly 50% of the households that were identified in the survey taken early in the Polo Village entitlement process.
With the replacement housing issue seemingly resolved, the final action needed to convert the AoF motels is the amendment of the City’s municipal code which would prohibit the long-term (greater than 30 days) occupancy of any building built as a hotel or motel, and the restatement of the requirement that Transient Occupancy Tax be collected for each room in a hotel or motel that has reverted to short-term rental.
The attached draft ordinance seeks to accomplish this goal. There are two changes to the Municipal Code which are established in this ordinance. The first is an amendment to Section 3.28.060, which requires hotels and motels to register and collect transient occupancy tax (TOT). The change being proposed to this section simply applies the requirement to register and collect TOT to those businesses reverting to hotel use pursuant to the ordinance.
The second change is the addition of Section 19.06.290 to the Zoning chapter of the Municipal Code. This new section prohibits the use of any building built or operated as a hotel or motel on or after the City’s incorporation date for long-term residential use, and requires motels uses that have converted to long-term residential use to revert to short-term rental by the end of the 2025 calendar year. There is one exception to this requirement: Red Rose Court is a motel that has been operated as an SRO facility for many years. It is in good repair, has been very stable over the years, and has been designated as a City Historic 73 of 247
Ordinance No. 25-06 Page 3 August 14, 2025
Landmark. As the state requires that the City allow SRO units as part of its Housing Element review program, Red Rose Court will be exempted from the requirement for conversion to short-term rental.
Staff is continuing efforts to re-house the remaining residents of AoF motels. Staff is in discussions with the developers of both the Village Senior Apartments and Buellton Garden Apartments to attempt to pre-qualify AoF motel residents for units within these developments, though the occupancy of these projects may take place after the requirement for the motels to revert to short-term rental takes place. Residents who do not pre-qualify for either of these projects will be required to relocate upon the later of either the effective date of the ordinance or January 1, 2026, and may qualify for relocation assistance from the owner of their current residence.
The draft ordinance attached represents the final step in clearing the path to the revitalization of AoF and will enable current or future owners the ability to invest in their properties to enhance their appearance or change their use without the extreme costs associated with the construction of replacement units on-site. This should result in the improvement of overall appearance of AoF and the eventual increase in property values and development interest that can make downtown revitalization possible.
At its July 17, 2025 meeting, the Planning Commission held a public hearing on this matter, and adopted Resolution No. 25-08 (Attachment 1), recommending approval of the proposed ordinance, with modifications. The modifications recommended by the Commission centered on the expansion of potential extensions to be granted to individual tenants who were awaiting housing in a project that was not yet occupied, but for which they have been pre-qualified. The original draft ordinance specifically referred to the Buellton Senior Apartments and the Buellton Garden Apartments projects as the projects for which pre-qualification was considered grounds for extension beyond the December 31, 2025, deadline. However, the Planning Commission felt that there may be other projects in surrounding jurisdictions which current motel residents may be pre-qualified for, and that if that were to be the case, that extensions should be granted in those instances as well, but not past June 30, 2026. This change has been made to the draft ordinance (see Attachment 2).
GENERAL PLAN CONSISTENCY
Staff has determined that the proposed Amendments are consistent with the General Plan, the Avenue of Flags Specific Plan, the requirements of state planning and zoning laws, and Title 19 of the Zoning Ordinance.
ENVIRONMENTAL REVIEW
The adoption of the ordinance associated with this item is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b) (3), because the proposed Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on 74 of 247
Ordinance No. 25-06 Page 4 August 14, 2025
the environment. The Ordinance re-establishes and requires compliance with City Municipal Code requirements and project approvals which have been violated over many years and therefore would have no significant effect on the environment.
RECOMMENDATION
That the City Council introduce Ordinance No. 25-06, “An Ordinance of the City Council of the City of Buellton, California Amending Chapter 3.28.060 of the Buellton Municipal Code Pertaining to Registration Requirements of Hotel Operators Subject to Transient Occupancy Tax, and Adding Chapter 19.06.290 of the Buellton Municipal Code Pertaining to the Operation of Hotels for Short Term Rental Use Only” by title only, that further reading be waived, and that Ordinance No. 25-0X be introduced for first reading.
ATTACHMENT
Attachment 1 – Planning Commission Resolution No. 25-08 Attachment 2 –City Council Ordinance
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ATTACHMENT 3
ORIGINAL/REVISED TIMELINES FOR REVERSION TO SHORT TERM RENTAL Draft ordinance – October 23, 2025
Ordinance EƯective Date: 30 days from Second Reading of Ordinance
Deadline for reversion to Short Term
Rental:
6 months from EƯective Date
Deadline for tenants on AƯordable
Housing Waiting list to leave hotels:
1 year from EƯective Date
Current draft ordinance – March 12, 2026
Ordinance EƯective Date: 30 days from Second Reading of Ordinance
Deadline for reversion to Short Term
Rental:
6 months from EƯective Date
Deadline for tenants on AƯordable
Housing Waiting list to leave hotels:
2 years from EƯective Date
76 of 247
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
City Council Agenda Item No.: 8
To: The Honorable Mayor and City Council
From: Andrea Keefer, Planning Director
Meeting Date: March 12, 2026
Subject: Consideration to Enter into a Contract with Kosmont Companies for the Preparation of the Economic Development Element of the General Plan and General Economic Development Services _____________________________________________________________________________________________
BACKGROUND
At the November 13, 2025, City Council meeting, an augmented scope of work and approval of consultant contracts was approved for several supplementary work efforts associated with the General Plan Update. This included the contract with Sargent Town Planning for urban design plans and pipeline project review, Atlas Planning Solutions for an update to the City’s Safety Element pertaining to Extreme Heat Effects, and mapping of Fire Hazard Zones, and a contract with Circlepoint to conduct a community survey for Willemsen Green property. All of these work efforts have either been completed or are currently underway as part of the General Plan Update.
At the November 13, 2025, City Council meeting, Staff indicated that additional future augmentations to the General Plan Update scope would likely be necessary; including work with the City’s Economic Development consultant, Kosmont Companies.
For the past decade or more, the City has budgeted $20,000 per fiscal year for Kosmont Companies for General Economic Development Services. This budget covers a broad range of work efforts related to economic development within the City.
In order to formalize this standard budget line item, and to capture the additional work effort specifically related to the General Plan Update, the City’s Economic Development consultant, Kosmont Companies, has submitted a proposed Work Plan and Budget, dated January 28, 2026 (Attachment 1).
The proposal includes the following tasks:
1) Prepare the Economic Development Element of the General Plan ($25,000) 2) Provide As-Needed Economic Development Advisory Services ($25,000) 77 of 247
GPU & Econ. Development – Kosmont Work Plan Page 2 March 12, 2026 Task 1 covers the separate task of preparing the City’s Economic Development Element for the General Plan Update. This would include coordinating with the City’s General Plan consultants and Staff to prepare the Economic Development Element and provide policies and implementation tools related to Economic Development and the General Plan.
Task 2 covers work efforts that Staff has historically worked with Kosmont on as part of the overall economic development efforts throughout the City, through the annual budget allocation. However, given that this budget allocation has not been increased since the start of the City working with Kosmont - while costs have risen considerably in recent years – and given the amount of work that is anticipated in the upcoming couple of years related to economic development and the General Plan Update, Kosmont is proposing to increase this yearly allocation to $25,000 (from $20,000).
For the current fiscal year, approximately $2,750 of the $20,000 budgeted has been expended to-date. Staff anticipates that the remaining budget for Fiscal Year 25/26 should be adequate to cover general economic development services, thus not requiring a budget amendment for this fiscal year related to Task 2.
FISCAL IMPACT
The total Fiscal Impact beyond what is currently budgeted would be $30,000. Therefore, a budget adjustment for Fiscal Years 25/26 and 26/27 would be necessary.
Fiscal Year 25/26 - $25,000 (Task 1)
Any remaining funds for this allocation would be rolled over into Fiscal Year 26/27 if not fully extended.
Fiscal Year 26/27 - $5,000 (Task 2)
The current budget anticipates $20,000 for ongoing services; this adjustment reflects the additional $5,000 needed.
RECOMMENDATION
That the City Council authorize the City Manager to enter into a contract with Kosmont Companies on the basic terms set forth in the attached contract for an amount not-toexceed $50,000 for the preparation of the Economic Development Element for the Comprehensive General Plan Update, and general economic development advisory services for Fiscal Year 2026/2027.
ATTACHMENTS
Attachment 1 - Draft Work Plan and Budget with Kosmont Companies 78 of 247
Kosmont Companies
Mailing Address: 1601 N. Sepulveda Blvd., #382 (424) 297-1070 Physical Address: 2301 Rosecrans Ave, Ste. 4140 Manhattan Beach, CA 90266 www.kosmont.com El Segundo, CA 90245 Memorandum
To: City of Buellton
Scott Wolfe, City Manager
From: Kosmont Companies
Ken K. Hira, President
Joseph Dieguez, Senior Vice President
Date: January 28, 2026
RE: Work Plan for Economic Development Advisory
I. BACKGROUND
Kosmont Companies (“Kosmont” or “Consultant”) has provided ongoing economic development advisory services to the City of Buellton (“City”) for several years, including the preparation of an Economic Development Strategy and Implementation Plan and assistance with the preparation of the Avenue of Flags Specific Plan and Development Opportunity Reserve (D.O.R.)® incentive program. Kosmont has additionally provided various real estate project advisory services and economic analyses on an as-needed basis as directed by the City.
The City has expressed interest in retaining Kosmont for preparation of an Economic Development Element for the City’s General Plan Update and potentially other economic development advisory tasks. Kosmont is pleased to propose the following Work Plan accordingly.
II. WORK PLAN
Task 1: Economic Development Element
Kosmont will prepare an Economic Development Element for incorporation into the City’s General Plan Update, including updated demographic, real estate market, and economic conditions (leveraging the market analysis last updated by Kosmont in May 2024 for the City), as well as discussion of potential funding sources, financing mechanisms, and other economic development tools at the City’s disposal to assist with implementation of the City’s General Plan over time.
Kosmont will collaborate with General Plan Update consultant(s). 79 of 247
City of Buellton
Work Plan for Economic Development Advisory
January 28, 2026
Kosmont Companies 2 | Page
(424) 297-1070
www.kosmont.com
Task 2: As-Needed Economic Development Advisory
At the City’s request and subject to budget availability, Kosmont will be available to provide real estate and economic development services as follows:
• High level project pro forma evaluation / financial feasibility analysis • High level project fiscal impact and economic benefit analysis • Public-private project shaping / transaction structuring • Evaluation of potential economic incentives, funding sources, and/or financing structures in the context of potential public-private transactions, such as site-specific tax revenue pledges, evaluation and/or implementation of special purpose financing districts (e.g., community facilities districts, enhanced infrastructure financing districts) • Marketing / outreach to retailers, businesses, developers, hotels, and private investment for potential opportunity sites
• Presentations to City Council, Planning Commission, and/or other bodies as appropriate • Other economic development tasks as needed.
III. SCHEDULE
Kosmont is prepared to commence work upon receipt of executed Work Plan and current draft of General Plan Update materials. Kosmont anticipates delivery of a draft Economic Development Element within eight (8) to ten (10) weeks of assignment authorization and receipt of draft General Plan Update materials.
IV. BUDGET AUTHORIZATION
The compensation for Tasks 1 and 2 is outlined below for professional services (hourly) fees at Consultant’s billing rates as reflected in Attachment A.
Tasks Estimated Budget
1) Economic Development Element $25,000
2) As-Needed Economic Development Advisory $25,000
Estimated Total Professional Services (Hourly) Fees $50,000 Budget may be increased by Client request at any point in time. Task budgets may be allocated between Tasks as deemed appropriate by Consultant to provide adequate services to the Client. 80 of 247
City of Buellton
Work Plan for Economic Development Advisory
January 28, 2026
Kosmont Companies 3 | Page
(424) 297-1070
www.kosmont.com
V. ACCEPTANCE AND AUTHORIZATION
Read, understood, and agreed to this
____ Day of _______________ 2026
City of Buellton Kosmont & Associates, Inc.
doing business as “Kosmont Companies”
By: _________________________ By: _________________________ (Signature) (Signature)
Name: __________________ Name: Ken K. Hira
(Print Name)
Its: ___________________________ Its: President
(Title)
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City of Buellton
Work Plan for Economic Development Advisory
January 28, 2026
Kosmont Companies 4 | Page
(424) 297-1070
www.kosmont.com
ATTACHMENT A
Kosmont Companies
2026 Public Agency Fee Schedule
Professional Services
Chairman & CEO $540.00/hour
President $435.00/hour
Sr. Vice President/Sr. Advisor/Sr. Managing Director $405.00/hour Vice President/Project Advisor $295.00/hour
Senior Project Analyst $210.00/hour
Project Analyst/Project Research $195.00/hour
Assistant Project Analyst/Assistant Project Manager $170.00/hour Project Promotion/Graphics/GIS Mapping Services $ 95.00/hour Administrative Support $ 90.00/hour
Additional Expenses
In addition to professional services (labor fees):
1) An administrative fee for in-house copy, fax, phone, postage costs, digital/technological support and related administrative expenses will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Companies professional service fees incurred; plus 2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) Project/Market data sources for support of evaluation and analysis e.g., ESRI, Placer.ai, CoStar/STR, IMPLAN, ParcelQuest and other based on quoted project cost. 4) If Kosmont retains Third Party Vendor(s) for Client (with Client’s advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs. 5) Consultant’s attendance or participation at any public meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly) fees as shown on this Attachment A.
• Charges for Court/Deposition/Expert Witness-Related Appearances Court-related (non-preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1.5 times scheduled rates, with a 4-hour minimum.
Rates Effective until December 31, 2026. For and during the term of the subject Agreement, the above referenced rates in each category will be increased, effective January 1, 2027, and annually thereafter, to reflect the adjustment in the CPI (U.S. Dept. of Labor, Bureau of Labor Statistics) All Cities Average Consumer Price Index for the prior year. As an example, the US City Average Consumer Price Index (CPI-U) for December 2025 was 0.3, representing a change of 2.7 percent over the index of the previous 12 months.
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CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 9
To: The Honorable Mayor and City Council
From: Linda Reid, H.R. Director
Meeting Date: March 12, 2026
Subject: Resolution No. 26-03 – “A Resolution of the City Council of the City of Buellton, California, Adopting Updated Personnel Rules and Policies for City Employees”
______________________________________________________________________________
BACKGROUND
The City’s current Personnel Rules and policies were last amended and adopted November 8, 2018. Because new state and federal laws are enacted each year that affect the Personnel Rules and Policies, it’s important to perform an update to reflect current law. All of the proposed changes to the Rules and Policies are outlined in the attached redline drafts. Personnel Rules (Attachment 1)
Cyber Security Policy (Attachment 2)
Drug and Alcohol-Free Workplace Policy (Attachment 3) Drug-Free Workplace for Drivers of Commercial Vehicles Policy (Attachment 4) Electronic Communications Policy (Attachment 5)
Harassment, Discrimination, Retaliation & Abusive Conduct Policy (Attachment 6)
Paid Family Leave Policy (Attachment 7)
PERSONNEL RULES (Attachment 1)
In addition to new laws that are reflected throughout the revised Personnel Rules, there are several additions to the 2018 Personnel Rules that are new and referenced below. These changes are designed to remain competitive with neighboring municipalities and aid in attracting and retaining valuable employees.
Additional staff holidays including Juneteenth and Ceasar Chavez Day (June 19 and March 31, respectively)
Deferred Compensation of 6% for all employees (Approved by Council 4/25/2019) New certificate pay for Certified Public Finance Officer and American Institute of Certified Planners
Increased clothing and safety boot allowance for Public Works staff 83 of 247
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Increased on-call pay for Public Works staff
Increased longevity incentive (1-4% of salary, based on 5-20 years of service) Vehicle allowance for Department Heads
Emergency Response Procedures
CYBER SECURITY POLICY (Attachment 2)
New law revisions and updated terminology.
DRUG AND ALCOHOL-FREE WORKPLACE POLICY (Attachment 3)
New law revisions and updated terminology.
DRUG-FREE WORKPLACE FOR DRIVERS OF COMMERCIAL VEHICLES
POLICY (Attachment 4)
New policy defining random drug and alcohol testing for commercial drivers. (City’s commercial drivers are currently being randomly tested for drug and alcohol use via Department of Transportation (DOT) protocol).
ELECTRONIC COMMUNICATIONS POLICY (Attachment 5)
New law revisions and updated terminology.
HARASSMENT, DISCRIMINATION, RETALIATION & ABUSIVE CONDUCT POLICY (Attachment 6)
New law revisions and updated terminology.
PAID FAMILY LEAVE POLICY (Attachment 7)
New policy for Paid Family Leave. Highlights include:
Employees receive 12 weeks of paid leave for the birth of a child of the employee and in order to care for such child.
Employees receive 12 weeks of paid leave for the placement of a child with the employee for adoption or foster care of the child by the employee and in order to care for that child.
Employees receive 12 weeks of paid leave for the employees’ reproductive loss. Employees receive 8 weeks of paid leave for the employee’s own serious health condition, family member’s serious health condition, or bereavement. 84 of 247
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RECOMMENDATION
That the City Council discuss the proposed changes to the Personnel Rules and Policies and consider adoption of Resolution No. 26-03 - “A Resolution of the City Council of the City of Buellton, California, Adopting Updated Personnel Rules and Policies for City Employees”
ATTACHMENTS
Resolution No. 26-03
Attachment 1 – Revised Personnel Rules
Attachment 2 – Cyber Security Policy
Attachment 3 – Drug and Alcohol-Free Workplace Policy
Attachment 4 – Drug-Free Workplace for Drivers of Commercial Vehicles Policy Attachment 5 – Electronic Communications Policy
Attachment 6 – Harassment, Discrimination, Retaliation & Abusive Conduct Policy Attachment 7 – Paid Family Leave Policy
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RESOLUTION NO. 26-03
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BUELLTON, CALIFORNIA,
ADOPTING UPDATED PERSONNEL RULES AND
POLICIES FOR CITY EMPLOYEES
WHEREAS, the City Council of the City of Buellton adopted Resolution No. 01-08 implementing Personnel Rules for its employees on June 21, 2001; and WHEREAS, the City Council of the City of Buellton adopted Resolution No. 02-09 approving and adopting Amendment No. 1 of the Personnel Rules for its employees on April 25, 2002; and
WHEREAS, the City Council of the City of Buellton adopted Resolution No. 08-04 Updating and Restating Personnel Rules for City Employees on February 28, 2008; and WHEREAS, the City Council of the City of Buellton adopted Resolution No. 10-06 Updating Personnel Rules for City Employees and Revising Certain Employee Job Descriptions on February 25, 2010; and
WHEREAS, the City Council of the City of Buellton adopted Resolution No. 12-19 Updating and Restating Personnel Rules for City Employees on June 28, 2012; and WHEREAS, the City Council of the City of Buellton adopted Resolution No. 15-21 Updating and Restating Personnel Rules for City Employees on August 27, 2015; and WHEREAS, the City Council of the City of Buellton adopted Resolution No. 18-21 Updating and Restating Personnel Rules for City Employees on November 8, 2018; and WHEREAS, certain state and federal laws have been enacted since that time which affect the Personnel Rules; and
WHEREAS, updating and restating the Personnel Rules to reflect the statutory changes and other minor modifications will result in one comprehensive document; and WHEREAS, attached hereto, marked as Attachment 1 to the staff report and incorporated herein by this reference, are the updated and revised Buellton Personnel Rules; and WHEREAS, attached hereto, marked as Attachment 2 to the staff report and incorporated herein by this reference, is the updated and revised Cyber Security Policy; and WHEREAS, attached hereto, marked as Attachment 3 to the staff report and incorporated herein by this reference, is the updated and revised Drug and Alcohol-Free Workplace Policy; and
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WHEREAS, attached hereto, marked as Attachment 4 to the staff report and incorporated herein by this reference, is the newly drafted Drug-Free Workplace for Drivers of Commercial Vehicles Policy; and
WHEREAS, attached hereto, marked as Attachment 5 to the staff report and incorporated herein by this reference, is the updated and revised Electronic Communications Policy; and
WHEREAS, attached hereto, marked as Attachment 6 to the staff report and incorporated herein by this reference, is the updated and revised Harassment, Discrimination, Retaliation & Abusive Conduct Policy; and
WHEREAS, attached hereto, marked as Attachment 7 to the staff report and incorporated herein by this reference, is the newly drafted Paid Family Leave Policy; and WHEREAS, the City Council desires to amend the Personnel Rules and Policies to more fully reflect the needs of the City of Buellton and its employees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Buellton as follows:
1. The City Council hereby finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
2. The Buellton Personnel Rules and Policies are hereby adopted as shown in Attachments 1 through 7 to the staff report.
3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 12th day of March 2026. _____________________________
David Silva
Mayor
ATTEST:
_______________________________
Linda Reid
City Clerk
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RULE I. GENERAL PROVISIONS ......................................................................... 1 SEC. 1.1 PURPOSE ..................................................................................... 1 SEC. 1.2 APPLICABILITY............................................................................. 1 SEC. 1.3 AMENDMENT OF RULES............................................................. 2 SEC. 1.4 DEFINITION OF TERMS ............................................................... 2 SEC. 1.5 NON-DISCRIMINATION ................................................................ 6 RULE II. CLASSIFICATION ................................................................................ 108 SEC. 2.1 PREPARATION OF PLAN ......................................................... 108 SEC. 2.2 ALLOCATION OF POSITIONS.................................................. 109 SEC. 2.3 NEW POSITIONS ...................................................................... 109 SEC. 2.4 RECLASSIFICATION AND REALLOCATION............................ 119 SEC. 2.5 CLASS SPECIFICATIONS/JOB DESCRIPTIONS..................... 119 RULE III. COMPENSATION............................................................................... 1110 SEC. 3.1 SALARY ON APPOINTMENT.................................................. 1110 SEC. 3.2 SALARY ANNIVERSARY DATES ........................................... 1210 SEC. 3.3 INCREASES WITHIN SALARY RANGE.................................. 1210 SEC. 3.4 SALARY UPON PROMOTION................................................. 1211 SEC. 3.5 SALARY UPON TRANSFER ................................................... 1211 SEC. 3.6 SALARY ON CHANGE IN RANGE ASSIGNMENT ................. 1311 SEC. 3.7 SALARY ON REALLOCATION OF POSITION FOLLOWING
RECLASSIFICATION............................................................... 1311 SEC. 3.8 CAREER ADVANCEMENT...................................................... 1311 SEC. 3.9 SALARY ON DEMOTION ........................................................ 1412 SEC. 3.10 ACTING PAY ........................................................................... 1412 SEC. 3.11 ON-CALL PAY ......................................................................... 1413 SEC. 3.12 MONTHLY SALARY ................................................................ 1413 SEC. 3.13 LONGEVITY/SERVICE BONUS .............................................. 1513 SEC. 3.14 SPECIAL SALARY ADJUSTMENTS ....................................... 1513 SEC. 3.15 PAY PERIODS......................................................................... 1513 RULE IV. APPLICATIONS, RECRUITMENT AND EXAMINATIONS ................. 1514 88 of 247
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SEC. 4.1 VACANCIES ............................................................................ 1514 SEC. 4.2 ANNOUNCEMENT OF VACANCIES/ACCEPTANCE OF
APPLICATIONS....................................................................... 1614 SEC. 4.3 ELIGIBILITY LIST/SELECTION TESTING............................... 1715 RULE V. APPOINTMENTS ............................................................................... 2119 SEC. 5.1 APPOINTMENT OF NEW EMPLOYEE ................................... 2119 SEC. 5.2 PROVISIONAL APPOINTMENTS............................................ 2119 SEC. 5.3 ACTING APPOINTMENTS TO A HIGHER CLASS ................. 2220 SEC. 5.4 REINSTATEMENT................................................................... 2321 SEC. 5.5 TRANSFER.............................................................................. 2321 SEC. 5.6 NEPOTISM .............................................................................. 2422 RULE VI. PROBATION....................................................................................... 2725 SEC. 6.1 PROBATIONARY STATUS ..................................................... 2725 SEC. 6.2 PROBATIONARY PERIODS ................................................... 2725 SEC. 6.3 REGULAR STATUS................................................................. 2826 SEC. 6.4 REJECTION DURING PROBATIONARY PERIOD OF
PROMOTED EMPLOYEES ..................................................... 2826 RULE VII. PERFORMANCE REPORTS.............................................................. 2926 SEC. 7.1 POLICY.................................................................................... 2926 SEC. 7.2 AUTHORITY TO MAKE REPORTS......................................... 2927 SEC. 7.3 TIME FOR REPORTING.......................................................... 2927 SEC. 7.4 REVIEW WITH EMPLOYEE.................................................... 3027 SEC. 7.5 DISTRIBUTION OF REPORTS................................................ 3028 SEC. 7.6 PERFORMANCE RATINGS .................................................... 3028 RULE VIII. HOURS OF WORK/OVERTIME......................................................... 3230 SEC. 8.1 POLICY.................................................................................... 3230 SEC. 8.2 WORK WEEK .......................................................................... 3230 SEC. 8.3 DAILY HOURS OF WORK....................................................... 3230 SEC. 8.4 CHANGE IN WORKING HOURS............................................. 3330 SEC. 8.5 OVERTIME AND COMPENSATORY TIME OFF..................... 3330 SEC. 8.6 REST BREAKS........................................................................ 3431 89 of 247
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SEC. 8.7 MEAL PERIODS ...................................................................... 3432 RULE IX. LEAVES OF ABSENCE...................................................................... 3432 SEC. 9.1 HOLIDAYS............................................................................... 3432 SEC. 9.2 VACATION............................................................................... 3633 SEC. 9.3 SICK LEAVE............................................................................ 3734 SEC. 9.4 BEREAVEMENT LEAVE ......................................................... 4037 SEC. 9.5 PERSONAL LEAVE................................................................. 4138 SEC. 9.6 MILITARY LEAVE.................................................................... 4138 SEC. 9.7 JURY DUTY............................................................................. 4138 SEC. 9.8 VOTING LEAVE....................................................................... 4239 SEC. 9.9 ELECTION OFFICIAL LEAVE.................................................. 4239 SEC. 9.10 LACTATION BREAKS ............................................................. 4239 SEC. 9.11 UNPAID LEAVES OF ABSENCE............................................. 4439 SEC. 9.12 UNAUTHORIZED LEAVES OF ABSENCE AND FAILURE
TO RETURN FROM LEAVE.................................................... 4540 SEC. 9.13 MANAGEMENT LEAVE........................................................... 4541 SEC. 9.14 SICK LEAVE DONATION POLICY .......................................... 4641 SEC. 9.15 VICTIM LEAVE ........................................................................ 4944 SEC. 9.16 SCHOOL VISITATION OR PARTICIPATION LEAVE.............. 4944 SEC. 9.17 LEAVE FOR EMERGENCY DUTY AS VOLUNTEER
FIREFIGHTER, RESERVE PEACE OFFICER, OR
EMERGENCY RESCUE PERSONNEL ................................... 4944 RULE X. LAYOFF/SEPARATION/RETIREMENT.............................................. 5145 SEC. 10.1 ELIMINATION OF POSITIONS................................................ 5145 SEC. 10.2 LAYOFF PROCEDURE ........................................................... 5145 SEC. 10.3 RESIGNATIONS...................................................................... 5145 SEC. 10.4 TERMINATIONS...................................................................... 5245 SEC. 10.5 RETIREMENT/DISABILITY RETIREMENT ............................. 5245 RULE XI. OUTSIDE EMPLOYMENT/POLITICAL ACTIVITIES .......................... 5345 SEC. 11.1 OUTSIDE EMPLOYMENT ....................................................... 5345 SEC. 11.2 POLITICAL ACTIVITIES .......................................................... 5447 90 of 247
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RULE XII. DISCIPLINARY ACTIONS.................................................................. 5547 SEC. 12.1 CAUSES .................................................................................. 5547 SEC. 12.2 AUTHORITY FOR DISCIPLINARY ACTIONS ......................... 5749 SEC. 12.3 TYPES OF DISCIPLINARY ACTION....................................... 5749 SEC. 12.4 PROCEDURES FOR SERIOUS DISCIPLINARY ACTIONS ... 5850 SEC. 12.5 ADMINISTRATIVE LEAVE WITH PAY .................................... 6254 SEC. 12.6 TIME EXTENSIONS ................................................................ 6254 SEC. 12.7 DELIVERY OF NOTICES ........................................................ 6254 RULE XIII. GRIEVANCE AND COMPLAINT PROCEDURE ................................ 6354 SEC. 13.1 ESTABLISHMENT ................................................................... 6354 SEC. 13.2 SCOPE OF PROCEDURES .................................................... 6355 SEC. 13.3 DEFINITIONS .......................................................................... 6355 SEC. 13.4 COMPLAINT PROCEDURE .................................................... 6455 SEC. 13.5 GRIEVANCE PROCEDURE .................................................... 6456 SEC. 13.6 GENERAL PROVISIONS......................................................... 6556 RULE XIV. EMPLOYEE BENEFITS...................................................................... 6557 SEC. 14.1 HEALTH BENEFITS ................................................................ 6557 SEC. 14.2 RETIREMENT BENEFITS ....................................................... 6557 SEC. 14.3 DEFERRED COMPENSATION PLAN..................................... 6758 SEC. 14.4 HOUSING ALLOWANCE…………………………………………….
SEC. 14.5 VEHICLE ALLOWANCE (DEPARTMENT DIRECTORS)
RULE XV. EDUCATIONAL ASSISTANCE AND CERTIFICATION PAY.............. 6759 SEC. 15.1 EDUCATIONAL ASSISTANCE FOR TRAINING AND
ADVANCEMENT...................................................................... 6759 SEC. 15.2 LICENSES AND CERTIFICATION ASSISTANCE................... 6859 SEC. 15.3 SWRCB OPERATOR CERTIFICATION PAY.......................... 6859 SEC. 15.4 BILINGUAL PAY ...................................................................... 6960 SEC. 15.5 NOTARY PAY.......................................................................... 6961 91 of 247
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SEC. 15.6 EDUCATION INCENTIVE PAY FOR POST-SECONDARY
DEGREE, CERTIFIED PUBLIC ACCOUNTANT
DESIGNATION, CERTIFIED PUBLIC FINANCE OFFICER,
OR PROFESSIONAL ENGINEER LICENSE........................... 7061 SEC. 15.7 CMC PAY................................................................................. 7062 SEC. 15.8 AMERICAN INSTITUTE OF CERTIFIED PLANNERS PAY ........ 62 RULE XVI. CITY-PROVIDED ATTIRE AND EQUIPMENT ................................... 7162 SEC. 16.1 CLOTHING .............................................................................. 7162 SEC. 16.2 EQUIPMENT............................................................................ 7263 SEC. 16.3 SAFETY EQUIPMENT AND PROTECTIVE CLOTHING ......... 7263 RULE XVII. DRESS CODE.................................................................................... 7364 SEC. 17.1 GENERAL POLICY.................................................................. 7364 SEC. 17.2 GENERAL GUIDELINES FOR ATTIRE AND FOOTWEAR..... 7364 SEC. 17.3 LIMITED EXCEPTIONS........................................................... 7364 SEC. 17.4 TATTOOS AND JEWELRY...................................................... 7464 SEC. 17.5 GROOMING............................................................................. 7465 SEC. 17.6 VIOLATIONS............................................................................ 7465 SEC. 17.7 ACCOMMODATION OF PROTECTED CHARACTERISTICS. 7465 RULE XVIII. POLICY AGAINST WORKPLACE VIOLENCE................................... 7565 SEC. 18.1 OBJECTIVES........................................................................... 7565 SEC. 18.2 THREATS OR ACTS OF VIOLENCE DEFINED...................... 7566 SEC. 18.3 REPORTING WORKPLACE VIOLENCE................................. 7667 SEC. 18.4 REPORTING POTENTIAL FUTURE WORKPLACE
VIOLENCE............................................................................... 7667 SEC. 18.5 VIOLATION OF RULE ............................................................. 7667 RULE XIX. PERSONNEL FILES AND RECORDS ............................................... 7768 SEC. 19.1 IN GENERAL ........................................................................... 7768 RULE XX. WHISTLE BLOWING POLICY............................................................ 7969 SEC. 20.1 DEFINITION OF “WHISTLE BLOWING”.................................. 7969 SEC. 20.2 SCOPE OF POLICY ................................................................ 7970 SEC. 20.3 PROCEDURE .......................................................................... 8070 92 of 247
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SEC. 20.4 PROTECTION FROM RETALIATION BECAUSE OF GOOD
FAITH COMPLAINTS, REPORTS, OR INQUIRIES:................ 8070 93 of 247
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RULE I. GENERAL PROVISIONS
SEC. 1.1 PURPOSE
These Rules are intended to implement and supplement the Personnel Ordinance and the Classification and Salary Resolution in the establishment and maintenance of an efficient and uniform personnel program for the City of Buellton (“City”).
SEC. 1.2 APPLICABILITY
A. The provisions of these Rules apply to all employees in the Classified Service.
Unless otherwise required by law or expressly stated herein, these rules do not apply applicability of these Rules to individuals in the Exempt Service (as defined in
1.4(B)(16)), is limited to the following Rules: Rule I (General Provisions) Rule XVIII (Policy Against Workplace Violence).
B. In addition to the Rules identified in Section 1.2(A), tThe following Rules will also apply to Department Directors: Rule I (General Provisions); Rule II (Classification); Rule III (Compensation); Sections 4.1, 4.2, 4.3.A.1, 4.3.E., and 4.3.F. of Rule IV (Applications, Recruitment and ExamininationsExamination); Rule V (Appointments); Rule VII (Performance Reports); Rule VIII (Hours of Work/Overtime); Rule IX (Leaves of Absence); Rule X (Layoff/Separation/Retirement); Rule XI (Outside Employment/Political Activities); Sections 12.1, 12.2, and 12.3 of Rule XII (Disciplinary Actions); Rule XIV (Employee Benefits); Rule XV (Educational Assistance); Rule XVI (City-Provided Attire and Equipment), and Rule XVII (Dress Code);, Rule XVIII (Policy Against Workplace Violence); Rule XIX (Personnel Files and Records), and Rule XX (Whistleblowing).
C. In addition to the Rules identified in Section 1.2(A), tThe following Rules will also apply to all temporary, seasonal, and part-time employees: Rule I (General Provisions); Section 3.15 (Pay Periods), Sections 4.3.A.1, 4.3.E, 4.3.F of Rule IV (Applications, Recruitment and Examinations); Section 5.6 of Rule V (Nepotism); Rule VIII, except Sections 8.6 (Rest Periods) and 8.7 (Meal Periods), Sections 9.3 (Sick Leave), 9.6 (Military Leave), 9.7 (Jury Duty), 9.8 (Voting Leave), 9.9 (Election Official Leave), 9.10 (Lactation Breaks), 9.11 (Unpaid Leaves of Absence), 9.12 (Unauthorized Leaves of Absence and Failure to Return from Leave), 9.15 (Victim Leave), 9.16 (School Visitation or Participation Leave), and Section 9.17 (Leave for Emergency Duty as Volunteer Firefighter, Reserve Peace Officer, or Emergency Rescue Personnel); Rule X (Layoff/Separation/Retirement); Rule XI (Outside Employment/Political Activities); Sections 12.1, 12.2, and 12.3 of Rule XII (Disciplinary Actions); Rule XVI (CityProvided Attire and Equipment); Rule XVII (Dress Code); Rule XVIII (Policy Against Workplace Violence); Rule XIX (Personnel Files and Records); and Rule XX (Whistleblowing). Also, Rule IV (Applications, Recruitment and Examinations) will apply in full to part-time employees, but not temporary or seasonal employees. 94 of 247
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SEC. 1.3 PRIOR POLICIES REPEALED; AMENDMENT OF RULES
If the terms and provisions of these Rules are inconsistent or in conflict with the terms and provisions of any prior City Personnel Rules, resolutions, regulations, and/or policies governing the same subject, the terms of these Rules will prevail and such inconsistent or conflicting provisions or prior rules, resolutions, regulations, and/or policies are hereby repealed. The City Council shall have authority to adopt, amend, or repeal these Rules as provided in the Personnel Ordinance. The Personnel Officer shall have authority to prepare and recommend revisions to the Personnel Rules.
SEC. 1.4 RELATIONSHIP WITH ADMINISTRATIVE POLICIES
The City Manager may develop and administer supplemental written administrative policies and procedures as deemed necessary for the efficient, safe, and orderly administration of the City. With advance notice and approval by Human Resources Director, a Department Head may develop and administer supplemental written departmental policies and procedures as appropriate for the efficient, safe, and orderly administration of the specific department. However, no such policies or procedures will conflict with or supersede these Rules, other City Council resolutions and ordinances, or existing laws. In the event of an express conflict between an administrative or departmental policy or procedure and these Rules, the provision of these Rules will control. Where feasible, provisions that do not expressly conflict will be read together to effectuate the City’s intent.
SEC. 1.5 SEVERABILITY
SEC. 1.4SEC. 1.6 DEFINITION OF TERMS
A. General Definition: All words and terms used in these Rules and in any resolution or ordinance dealing with personnel policies, system, or procedures shall be defined as they are normally and generally defined in the field of personnel administration unless a specific definition is provided for herein.
B. Specific Definitions:
1. Acting Appointment: A temporary appointment of an employee who possesses at least the minimum qualifications established for a particular class and who is appointed to a position in that class.An interim appointment to temporarily perform the duties of a higher position. The person filling this position must meet the minimum standards or qualifications of the position. Acting appointments are held on an at-will basis by current City employees. Acting appointments to a vacant position during a pending recruitment will last no longer than 960 hours in a fiscal year.
2. Advancement: A salary increase within the limits of a pay range established for a Class.
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3. Allocation: The assignment of a single Position to its proper Class in accordance with the duties performed, and the authority and responsibilities exercised.
4. Appointing Authority: The City Manager or designee, is the Appointing Authority for all City employees, except for all positions for which appointing authority is reserved by the City Council by ordinance.The City Manager or his/her designee shall make the appointments to Positions in the Classified Service. The City Manager or his/her designee shall make the appointments to Positions in the Exempt Service except that the City Council shall appoint the City Manager, City Clerk, City Attorney, and City Treasurer.
5. Career Advancement: Employees who obtain a Grade II Operator Certificate for Water or Wastewater from the State Water Resources Control Board while in a Maintenance & Utility Worker I position are eligible to advance to a Journey level classification within the same position in accordance with Section 3.8 of these Personnel Rules. This process shall be exempt from requirements regarding promotion and reclassification.
6. Class: All Positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary.
7. Classified Service: All Positions of employment in the service of the City except those in the Exempt Service.
8. Compensation: The salary, wage, allowance, and all other forms of valuable consideration earned by or paid to any employee by reason of service in any Position, but does not include expenses authorized and incurred incidental to employment.
9. Continuous Service: Service in the employ of the City without a break or interruption. A severance of the employee from his/hertheir employment initiated by either the City or the employee for periods of more than fifteen (15) days constitutes a break in continuous service, except where otherwise required by law.
10. Council: The City Council of the City of Buellton.
11. Days: Calendar days unless otherwise stated.
12. Demotion: The movement of an employee from a Position in one Class to a Position in another Class having a lower maximum base rate of pay.
13. Department Director: Any individual having the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline 96 of 247
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other employees with the concurrence of the Personnel Officer, or the responsibility to direct them, or to adjust their grievances, or to effectively recommend such action, if the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
14. Disciplinary Action: The written reprimand, discharge, demotion, reduction in pay, or suspension of a regular or management employee for punitive reasons.
15. Domestic Partner: A person who has filed a Declaration of Domestic Partnership with the California Secretary of State pursuant to California Family Code section 297 et seq.
16. Eligibility List: The list which contains the names of successful applicants according to relative performance on the total weighted examinations.
17. Exempt Service: The Exempt Service shall include the following:
a. All elected officials and members of boards and commissions; b. The City Manager, City Attorney, City Clerk, and City Treasurer; c. All Department Directors;
d. Architects, consultants, counsel and others rendering temporary professional services;
e. Voluntary personnel and personnel appointed to service without pay;
f. Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as fire, flood or earthquake which threatens life or property;
g. Such other Positions involving seasonal or part-time employment; and
h. Any new Position created at the Department Director, Assistant Department Director, or staff level, if it is specified as exempt by the City Council at the time of creation.
18. Full-Time Employees: Employees whose Positions work more than one thousand (1,000) hours per fiscal year. All Positions shall be full-time unless otherwise designated, or unless the compensation is fixed upon the basis of part-time work.
19. Human Resources Director: The City Clerk/Human Resources Director or his/hertheir designee.
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20. Internal Recruitment: A recruitment for a particular Position that is open to Regular and probationarycurrent Eemployees only.
21. Lay-Off: The separation of employees from the active work force due to lack of work or funds, or to the abolition of Positions by the City Council for the above reasons or due to organization changes.
22. Management: Those employees holding the position of Department Director or higher.
23. Minimum Qualifications: The minimum requirements for an applicant to be considered for a particular City position, which vary according to the position sought.
24. Non-exempt Employees: Employees who hold Positions that, by the nature of the job requirements or the salary earned, is are entitled to earn compensation at an overtime rate for working enough hours to meet overtime pay threshold requirements in a workweek. Non-exempt status is based on applicable state and federal law, including, but not limited to guidelines under the Fair Labor Standards Act ("FLSA").
25. Open-Competitive Recruitment: A recruitment for a particular Position that is open to all interested applicants.
26. Part-Time Employees: Employees whose Positions work less than one thousand (1,000) hours per fiscal year, are paid on an hourly basis and only receive fringe benefits that are specifically provided to part-time employees by separate resolution of the City Council,required by law or as may be expressly provided in these Rules.
27. Position: A group of duties and responsibilities in the Classified Service requiring the full-time or part-time employment of one person.
28. Personnel Officer: The City Manager or his/hertheir designee.
29. Personnel Ordinance: Ordinance No. 92-16 which creates a personnel system for the City.
30. Probationary Period: A period to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the Position to which the employee is appointed by actual performance of the duties of the Position.
31. Promotion: The movement of an employee from a Position in one Class to a vacant Position in another Class having a higher maximum base rate of pay.
32. Provisional Appointment: An appointment of a person who is not a current employee and who possesses the minimum qualifications established for a particular Class due to the absence of available eligible candidates. 98 of 247
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33. Reduction in Pay: A temporary or permanent decrease in an employee's rate of pay for disciplinary reasons.
34. Reemployment List: A list of names of Regular Employees who have been laid off from a Position.
35. Regular Employee: An employee in the Classified Service who has successfully completed the Probationary Period and has been retained as hereafter provided in these Rules.
36. Reinstatement: The restoration without examination of a former employee or probationary employee to a classification in which the employee formerly served.
37. Rejection: The involuntary separation from the City service of an employee who has not successfully completed the Probationary Period for a Position, or the demotion of an employee who did not successfully complete the employee's promotional probationary period.
38. Resignation: The voluntary separation of a City employee from the City service.
39. Salary Range: The range of Salary Rates for a Class.
40. Salary Rate: The dollar amount of each step in a Salary Range, or the flat dollar amount for a Class not having a Salary Range.
41. Salary Step: The minimum through maximum salary increments of a Salary Range.
42. Seniority: An employee's status in relation to other employees based first on years of service in a particular Class and then on total years of service at the City.
43. Suspension: The temporary separation from service of an employee without pay for disciplinary purposes.
44. Temporary Employee: An employee who is appointed for a limited period of time for a specified, limited purpose and is only entitled to benefits as provided by resolution of the City Council. A Temporary Employee is not appointed to a Position.
45. Transfer: The movement of an employee from one Position to another vacant Position in the same Class or to a vacant Position in another Class with the same maximum base rate of pay.
SEC. 1.5SEC. 1.7 NON-DISCRIMINATION
A. Equal Employment Opportunity
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The City is committed to a policy of equal opportunities for applicants and employees.
The City does not discriminate against applicants or employees with respect to terms or conditions of employment based on race (including traits associated with race, such as hair texture), color, ancestry, national or geographical origin, ethnicity, sex, gender, sexual orientation (including homosexuality, heterosexuality, and bisexuality), pregnancy, gender identity, gender expression, reproductive health choices, age (40 and over), religious or political affiliation or belief, ethnicity, national or geographical origin, creed, physical or mental disability, medical condition, genetic information, marital or registered domestic partner status, membership in or attitude toward any employee organization, military or veteran status, or any other characteristic protected by state or federal law or local ordinance, or a combination of two or more of any such protected characteristics, nor does the City discriminate against applicants or employees who are perceived to have such characteristics or a combination of two or more of these characteristics, or who associate with an individual having such characteristics or a combination of two or more of these characteristics Every reasonable effort will be made to provide an accessible work environment for such employees and applicants.
B. Disabled Applicants and Employees
Employment practices (e.g., hiring, training, testing, transfer, promotion, compensation, benefits, and discharge) will not discriminate against disabled employees or applicants.
The City will engage in the interactive process, as defined by the Americans with Disabilities Act (“ADA”) and the Fair Employment and Housing Act (“FEHA”), to determine whether an applicant or employee is able to perform the essential functions of his/hertheir position. During this process, the City will examine possible reasonable accommodations that will make it possible for the employee or applicant to so perform.
1. Request for Accommodation. An applicant or employee who desires a reasonable accommodation in order to perform essential job functions should make such a request in writing to the Human Resources Director.
The request must identify: 1) the job-related functions at issue; and 2) the desired accommodation(s). Reasonable accommodation can include, but is not limited to job restructuring, reassignment to a vacant Position for which the employee is qualified, leaves of absence, and making facilities accessible. In accordance with applicable law, the City may permit use of accrued leave or authorize a temporary unpaid leave as a reasonable accommodation, if such leave is finite and reasonably expected to result in the employee’s return to work, with or without additional reasonable accommodation(s).
2. Reasonable Documentation of Disability or Work Restrictions. Following receipt of the request, the Human Resources Director may require additional information, such as reasonable documentation of the existence of a disability or additional explanation of any restrictions as to the effect of the disability on the employee’s ability to perform his/hertheir essential functions, but will not require disclosure of diagnosis or genetic history. 100 of 247
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3. Interactive Process. The City will engage in the interactive process, as defined by the FEHA and ADA, to determine whether an applicant or employee is able to perform the essential functions of his/hertheir position.
During this process, the City will examine potential reasonable accommodations that will make it possible for the employee or applicant to so perform. Such This interactive process will include a meeting with the employee or applicant, the City, and, if necessary, the employee or applicant’s health care provider.
4. Case-by-Case Determination. The City determines, in its sole discretion, whether reasonable accommodations(s) can be made, and the type of reasonable accommodations(s) to provide. The City will not provide an accommodation that would pose an undue hardship upon the City or that is not required by law. The City will inform the employee or applicant of any decisions made under this section in writing. Any employee who has been granted a reasonable accommodation should address any concerns about the ongoing effectiveness of the accommodation with the Human Resources Director.
5. Fitness for Duty Leave. While the City is engaged in the interactive process with an employee, or while otherwise awaiting the outcome of a medical examination based on an employee’s possible lack of fitness for duty, the City may require that the employee be placed on a fitness for duty leave.
6. Medical Examinations.
a. Depending on the essential functions of a position, a medical examination may be required for:
(1) Applicants who have received a conditional offer of employment;
(2) Employees seeking a transfer from one position requiring general physical abilities to another position requiring physical abilities of a more different nature;
(3) Employees returning to work from a medical leave of absence. The physician conducting the medical examination will be supplied with a current job description indicating the essential functions of the position; or
(4) When a supervisor observes or receives a reliable report of an employee’s possible lack of fitness for duty.
Observations and reports may be based on, but are not
limited to, employee’s own self-report of potential unfitness, dexterity, coordination, alertness, speech, vision acuity, concentration, response to criticism, interactions with the public, co-workers, and supervisors.
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b. The results of all medical examinations will be kept confidential.
Examination results for newly hired employees and employees transferring to another position will be kept in the employee’s confidential medical file. No employee will hold any position in which the employee is not able to perform the essential functions of the job, with or without reasonable accommodation.
C. Religious Accommodation
The City will comply with requirements under applicable state and federal law to provide reasonable accommodation needed to resolve a conflict between required terms and conditions of employment and the known sincerely held religious belief(s) of an applicant or employee.
The following procedure shall apply:
1. If an applicant or employee believes that a religious accommodation is necessary, the person should submit a request for accommodation to Human Resources. This request may be made verbally or in writing, however the City encourages written requests. Such requests should include the following relevant information:
a. A description of the accommodation requested
b. The reason the accommodation is necessary; and
c. A description as to how the accommodation is believed to resolve the conflict between the person’s religious beliefs or practices and specific term(s) or condition(s) of employment.
2. Upon receiving the request, the City will invite the person to a meeting to explore potential accommodations that could resolve the conflict between the person’s religious beliefs and the City’s application or employment requirements for the corresponding position. The City may provide the person’s requested accommodation or may provide an alternative reasonable accommodation based on the City’s discretion. The City will not provide an accommodation that would pose an undue hardship. The City will inform the employee of applicant of any decisions made under this section in writing.
C.D. Prevention of Harassment/ Discrimination/Retaliation
1. The City maintains its Policy Prohibiting Harassment, Discrimination, and Retaliation as a separate document. Employees may obtain a copy of the City’s Policy Prohibiting Harassment, Discrimination, and Retaliation by visiting human resources to request a copy or viewing a virtual copy at the City’s official website. City policy prohibits harassment and discrimination based on an employee’s race, color, ancestry, national or geographical origin, ethnicity, sex, gender, sexual orientation (including homosexuality, 102 of 247
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heterosexuality, and bisexuality), gender identity, gender expression, age, religious or political affiliation or belief, creed, physical or mental disability, medical condition, genetic information, marital or registered domestic partner status, membership in or attitude toward any employee organization, military or veteran status, and/or any other category protected by federal and/or state law. In addition, City policy prohibits retaliation because of the employee’s opposition to a practice the employee reasonably believes to constitute employment discrimination or harassment or because of the employee’s participation in an employment investigation, proceeding, or hearing.
2. Employees who believe they have been harassed, discriminated against, or retaliated against, should report that conduct to the City, and the City will investigate those complaints. For more information regarding the policy and complaint procedures, employees should review the City’s policy against harassment, discrimination, and retaliation.
RULE II. CLASSIFICATION
SEC. 2.1 PREPARATION OF PLAN
The Personnel Officer shall ascertain and record the duties, responsibilities, minimum standards, and minimum qualifications of all Positions in the City and shall recommend a classification/compensation plan for all Positions to the City Council for adoption. The classification/compensation plan need not be contained in only one document, but may be comprised of various documents. The classification/compensation plan shall consist of Classes of Positions defined by Class specifications or job descriptions, including the title. The classification/compensation plan shall be so developed and maintained so that all Positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same Class, and that the same schedules of compensation may be made to apply with equity under similar working conditions to all Positions in the same Class. The classification/compensation plan will contain the General Salary Schedule and a General Benefits Schedule.
SEC. 2.2 ALLOCATION OF POSITIONS
Following the adoption of the classification/compensation plan, the Personnel Officer shall allocate every Position in the Classified Service to one of the Classes established by the plan.
SEC. 2.3 NEW POSITIONS
A new Position shall not be created and filled until the classification plan has been amended by the Personnel Officer and adopted by the City Council to provide therefore and an appropriate eligibility list established for such Position. 103 of 247
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SEC. 2.4 RECLASSIFICATION AND REALLOCATION
If the Personnel Officer determines that the assigned duties for a Position have been materially changed by the City so as to warrant reclassification, to a new or already created Class, the Personnel Officer shall determine whether to recommend that the Position be reclassified by the City Council and reallocated by the Personnel Officer to a more appropriate Class following adoption of an amended classification/compensation plan by the City Council. Reclassifications shall not be used for the purpose of avoiding restrictions concerning demotions and promotions, nor to effect a change in salary in the absence of a significant, ongoing change in assigned duties and responsibilities.
The Personnel Officer shall consider input from the incumbent Employee in the Position and from the Department Director but shall have sole discretion in determining whether to recommend reclassification of a Position to the City Council.
SEC. 2.5 CLASS SPECIFICATIONS/JOB DESCRIPTIONS
A. The Personnel Officer with the assistance of the Department Directors will prepare written job descriptions for each Class of positions.
B. Each job description will include the Class title, a brief description of the scope, nature, and responsibility of the Class, a description of the tasks or duties ordinarily performed in the Positions allocated to the Class; a statement of the minimum qualifications considered necessary for proficient performance of the work, including education, experience, training, knowledge, skills, physical characteristics, and any additional factors considered pertinent. Job descriptions are not restrictive. The job descriptions, shall not be construed as an all-inclusive list of tasks performed; or be interpreted as restricting the assignment of related tasks not specifically listed therein; or as limiting the authority of supervisory personnel to assign, direct and control the work of subordinate employees. A Department Director may assign other related duties and responsibilities or otherwise direct the work of employees.
C. Substantive revisions to job descriptions that are associated with substantive changes to the duties performed by a particular Class shall be subject to approval by the City Council. Non-substantive changes, such as to reflect previous, gradual changes in to the conditions in which work is currently performed or to improve accuracy in describing the Class or Position title or non-substantive details associated with job duties already performed, may be approved administratively by the Personnel Officer and are not subject to approval by the City Council.
D. Each job description will identify the date of approval or last revision.
RULE III. COMPENSATION
SEC. 3.1 SALARY ON APPOINTMENT
A. New Employees: New employees shall be paid at the first step of the salary range for the Position to which the employee is appointed except as provided for elsewhere in these Rules.
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B. Advanced Step Hiring: The Personnel Officer may appoint a new employee to an advanced step of the pay range if it is determined that qualified applicants cannot be successfully recruited at the first step of the salary range.
C. Reemployment: A person who previously held a Position with the City and was in good standing may, at the discretion of the City Manager, when reemployed in a Position with the same or lower pay range than held at separation, be appointed at the same salary rate which was paid at the effective date of the person’s termination, or the nearest lower applicable step for the range to which the person is appointed.
SEC. 3.2 SALARY ANNIVERSARY DATES
Employees shall have a salary anniversary date on the same date of his/hertheir initial hire date, promotion, demotion, reinstatement or reemployment, whichever is most recent. The salary anniversary date may be modified by the action of the Appointing Authority under Section 7.6.A.4.
SEC. 3.3 INCREASES WITHIN SALARY RANGE
Employees will normally become eligible for an adjustment in pay after twelve (12) months of service in the first or starting step. The adjustment shall be made only if recommended by the Department Director, and if approved by the City Manager. The remaining steps are incentive adjustments, based on annual performance evaluationreport, to encourage an employee to perform at his/hertheir highest level, and to recognize seniority and increased skill on the job. Employees are normally eligible for these adjustments any time after the completion of twelve (12) months of service at the preceding step. This period may be shortened or extended in conjunction with the performance report recommendations and as approved by the City Manager.
SEC. 3.4 SALARY UPON PROMOTION
Except in instances where the granting of a full step increase would result in a salary in excess of the top step of the salary range, any employee who is promoted to a Position in a Class with a higher salary range shall be placed on the step in the new higher range which is at least equal to an advancement of a full step over the step he/shethey held in his/hertheir former range. If the maximum of the range would be exceeded by such advancement, the employee shall receive the top step of the range. An employee thus promoted is assigned to a new salary anniversary date effective on the date of promotion.
SEC. 3.5 SALARY UPON TRANSFER
Any employee who is transferred from one Position to another Position in the same Class, or to another Position in a Class having the same salary range, shall be compensated at the same step in the salary range as he/shethey previously received and his/hertheir salary anniversary date shall not change. 105 of 247
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SEC. 3.6 SALARY ON CHANGE IN RANGE ASSIGNMENT
Whenever a Class is reassigned to either a higher or lower salary range by the Council, the salary of each incumbent in such Class on the date the reassignment is effective shall be adjusted to the step/salary Position in the new range that corresponds to the step/salary he/shethey wereas receiving in the former range and he/shethey shall retain the same salary anniversary date.
SEC. 3.7 SALARY ON REALLOCATION OF POSITION FOLLOWING
RECLASSIFICATION
A. If, following reclassification, the Position is reallocated to a Class having the same salary range, the salary and the salary anniversary date of the incumbent shall not change.
B. If, following reclassification, the Position is reallocated to a Class which has a higher salary range, the City Manager shall adjust the salary of the incumbent employee to any step of the higher salary range which is at least as much as he/shethey werewas receiving in the former range and he/shethey shall retain the same salary anniversary date.
C. If, following reclassification, the Position is reallocated to a Class with a lower salary range, and the employee’s salary exceeds the top step of the Class to which his/hertheir Position is reallocated, his/hertheir salary shall not change until it is exceeded by the top step of the Class. The employee’s salary anniversary date shall not change.
SEC. 3.8 CAREER ADVANCEMENT
A. An employee who is currently employed in a Position in the Maintenance & Utility Field Worker I Class is eligible for Career Advancement to the Journey level Maintenance & Utility Field Worker Class within the same Position, upon satisfaction of all of the following criteria:
1. Achieve an overall rating higher than “Does Not Meet Expectations” or equivalent on his/hertheir most recent performance report.
2. Complete the steps necessary to obtain a Grade II Operator Certificate for Water or Wastewater (whichever is required for the employee’s assignment.)
3. Submit a copy of the Grade II Operator Certificate to the City Manager.
4. Receive and acknowledge written confirmation of Career Advancement from the City Manager.
B. Career Advancement shall take effect on the first day of the next pay period following satisfaction of all of the above criteria, A.1 through A.4. 106 of 247
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C. An employee who attains Career Advancement shall be placed on the step of the salary range for the Journey level classification which is at least as much he/shethey was were receiving in the former range. The employee’s salary anniversary date shall not change.
SEC. 3.9 SALARY ON DEMOTION
Any employee who is demoted to a Position in a Class with a lower salary range shall have his/hertheir salary reduced to a salary step in the range for the lower Class which is:
A. If a disciplinary demotion, one or more steps less than that received in the salary range for the Class from which demoted. A new salary anniversary date shall be established on the basis of the demotion.
B. If a non-disciplinary demotion, the step he/shethey would have attained in that lower Class if his/hertheir services had been continuous in said lower Class with the same level of performance and length of service. He/sheThey shall retain his/hertheir salary anniversary date.
SEC. 3.10 ACTING PAY
A. An employee who is assigned to an acting appointment under Section 5.3 of these Rules shall receive the entrance salary rate of the higher salary range or one rate higher than the rate he/shethey normally receives, whichever is greater.
B. An employee is entitled to acting pay only after the employee has served for ten (10) consecutive working days in the higher classification. Acting pay will be issued starting with the 11th consecutive working day that the employee serves in the acting appointment.
C. While receiving acting pay, the employee will not receive certificate pay or other premium or incentive pays unless an employee holding that higher position would also be eligible to receive that pay.
C.D. A person appointed in an acting capacity shall retain the same terms and conditions of their usual position, unless otherwise specified in writing, and shall be eligible to receive merit increases during the acting assignment other increases applicable to their usual position.
SEC. 3.11 ON-CALL PAY
Non-exempt employees in field positions who are placed on "on-call" status by the Department Director shall receive $60.25120.50 for each pay period for which they are in "on-call" status.
SEC. 3.12 MONTHLY SALARY
Monthly salary rates for Non-exempt employees are based on a 40-hour work week and no authorization may be made for such an employee to work less than said work week 107 of 247
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without a directly proportionate decrease in compensation, unless paid leave is used to make up the difference.
SEC. 3.13SEC. 3.12 LONGEVITY/SERVICE BONUS
As an incentive for continued employment with the City, employees will receive a bonus on the following schedule:
A. One percent of salary$50 per month for completion of 5 to 9 consecutive or cumulative years of City employment.
B. Two percent of salary $100 per month for completion of 10 to 14 consecutive or cumulative years of City employment;
C. Three percent of salary$150 per month for completion of 15 to 19 consecutive or cumulative years of City employment.
D. Four percent of salary$200 per month for completion of 20 or more consecutive or cumulative years of City employment.
Employees who were first hired on or before March 1, 1982 and have completed 20 or more consecutive years of City employment will receive $286 per month.
SEC. 3.14SEC. 3.13 SPECIAL SALARY ADJUSTMENTS
Notwithstanding anything in these Rules to the contrary, in order to correct gross inequities, or in exchange for outstanding achievement and performance that the City Council may find justified, the City Council may by the affirmative vote of no less than three members, upon recommendation of the City Manager, adjust the salary rate of an incumbent of a particular Position to any step within the salary range for the Class to which the Position is allocated.
SEC. 3.15SEC. 3.14 PAY PERIODS
A. Timing of Pay Periods
1. The salaries and wages of all employees are paid bi-weekly on Fridays.
2. In the event a pay day falls on one of the observed holidays listed in these Rules, the immediately previous working day shall become the pay day.
RULE IV. APPLICATIONS, RECRUITMENT AND EXAMINATIONS
SEC. 4.1 VACANCIES
A. Vacant regular Positions in the Classified Service may be filled only by selection from an eligibility list, by acting or provisional appointment, by transfer, by reinstatement or by demotion. Selection of employees for Positions in the Classified Service is made by the Department Director for the Position, subject to approval by the City Manager.
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B. When a Classified Service Position becomes vacant, the Human Resources Director shall be notified by the Department Director responsible for the Position regarding the need to fill the vacancy, and the requested method for filling the vacancy.
C. Announcements of all vacant Positions in the Classified Service will be posted on a bulletin board in City Hall and the City’s official website.
SEC. 4.2 ANNOUNCEMENT OF VACANCIES/ACCEPTANCE OF
APPLICATIONS
A. If a continuing need for the Position exists, the Personnel Officer will determine whether to conduct an initial internal recruitment or proceed directly to an opencompetitive recruitment.
B. The Personnel Officer may conduct an internal recruitment when he or she determines, in his/hertheir sole discretion, that doing so is in the best interest of the City.
1. If the Position will be filled by open-competitive recruitment only, then the Human Resources Director will publicly advertise the Position by a written announcement setting forth the basic requirements for the job, a closing date for acceptance of applications, and information where applications and the job description can be obtained.
2. If the Personnel Officer determines that an initial internal recruitment will be conducted, then the Human Resources Director will limit all initial advertisement for the position to current employees only and will initiate the examination process in accordance with Section 4.3.A., ending with an interview with the responsible Department Director.
a. As part of an initial screening process, employees who achieved any rating of “Does Not Meet Expectations,” or equivalent, on their most recent annual performance report will be disqualified from further consideration at the first step of the internal recruitment.
3. Following completion of the interview process for internal applicants and scoring of candidates in accordance with Section 4.3.A.2.c., the Department Director will provide the Personnel Officer with a written recommendation, as follows:
a. The internal eligibility list should be used in accordance with Section 4.3.EF. to extend a conditional offer of employment. b. Cause exists as set forth in Section 4.3.B. to abolish the internal eligibility list and proceed with an open-competitive recruitment for which any prior internal candidates may re-apply.
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C. If the Personnel Officer finds cause to abolish the internal eligibility list, the affected applicants will receive written notice of this action and of the opportunity to re-apply in connection with the open-competitive recruitment.
D. For all recruitments, applications will be available in the office of the Human Resources Director and online through the City’s website. Applications will be collected by the Human Resources Director until the closing date specified in the announcement for acceptance of applications.
E. Applications lacking information deemed material by the Personnel Officer may not be accepted. The City may notify the applicant regarding missing information and provide an opportunity to re-submit. Any incomplete applications, including re-submitted applications that remain incomplete, that are received fewer than two full business days before the end of the filing period will not be given consideration.
SEC. 4.3 ELIGIBILITY LIST/SELECTION TESTING
Following the closing date for applications, and completion of the examination process, an eligibility list shall be created.
A. Examination Process
1. Criminal Conviction History
a. Unless otherwise permitted or required by law, Tthe City shall not ask any applicant for employment to disclose, through any written form or verbally, at any time, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code.
b. Unless otherwise required by law, the City shall not ask an applicant for employment to disclose, orally or in writing, information concerning the conviction history of the applicant, until the City has issued a conditional offer of employment. The job announcement for the position in question will advise whether a lawful exception to this provision applies, such as for positions subject to the stringent requirements of Public Resources Code Section 5164.
2. Examination Process
a. Examinations shall be conducted and used to aid in the selection of qualified employees. They shall consist of recognized selection techniques that will fairly test the qualifications of candidates and 110 of 247
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shall be job-related. Examinations may include, but are not limited to, written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combination thereof. The Human Resources Director may set minimum standards for all tests.
b. Upon scoring of all selection components, the names of applicants will be placed on eligibility lists, ranked according to scores. c. In case of tied scores, the following rules shall apply:
(1) For purposes of placement on the list of eligibles, if an applicant who has a tied score is a veteran, as that
term is defined in Section 50088 of the California
Government Code, or as may be amended, the tie will
be broken in favor of the veteran, such that the
veteran will be placed at a higher position than the
non-veteran.
(2) All other candidates with tied scores shall be listed in alphabetical order.
B. Duration of Eligibility Lists.
1. Eligibility lists shall become effective upon the Personnel Officer’s certification that the lists represent the relative evaluations of the candidates whose names appear on them.
2. Unless otherwise provided in these Personnel Rules, eligibility lists shall be effective for a period of one (1) year from the date of their establishment, provided that the Personnel Officer may extend the period not to exceed an additional twelve (12) months. The Personnel Officer may abolish for cause an eligibility list at any time and request a new recruitment and the preparation of a new eligibility list for any Class or position. Personnel Officer has sole discretion to determine sufficient cause for abolishing an eligibility list, which includes Ttwo (2) or less names of qualified candidates available for appointment on an eligibility list constitutes sufficient cause for abolishing an eligibility list, but is not the sole reason constituting cause.
C. Removal of Names from Eligibility Lists. The Personnel Officer may remove the name of any eligible candidate from an eligibility list for any of the following reasons:
1. On evidence that the eligible candidate cannot be located by postal authorities. Failure to reply within five (5) business days to a letter requesting information as to availability for appointment, or failure to notify the Personnel Officer of any change of address resulting in the return of letters without forwarding by the U.S. Post Office, will be considered 111 of 247
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grounds for removal. A candidate who is notified of his/hertheir removal under this section may request in writing that the Personnel Officer restore his/hertheir name to the eligibility list. Such a request may be granted if, in the Personnel Officer’s sole discretion, an acceptable reason exists for the candidate’s failure to reply to a notice requesting availability for appointment or failure to file a notice of a changed address. Upon receipt of a verbal or written statement from the eligible candidate declining appointment and stating that he/shethey wishes his/hertheir name to be removed from the eligibility list.
2. If an offer of regular full-time employment in the Class for which the eligibility list was established has been declined by the eligible candidate.
3. If an eligible candidate on a promotional eligibility list leaves the City service.
4. After a determination has been made by the Personnel Officer that the candidate does not meet job-related standards.
D. Availability of Candidates. It shall be the responsibility of eligible candidates to notify the Human Resources Department in writing of any change of address or other change affecting availability for consideration for appointment.
E. Offers of Employment and Related Procedures
1. Only the Personnel Officer may extend offers of employment to selected candidates. Employment offers for all positions will be made in writing and will include starting salary on an hourly, weekly, or monthly basis. An employment offer made in terms of annual salary does not imply a yearly contract.
2. Background Screening and Conviction History
a. An offer may be conditioned on a requirement that the applicant be fingerprinted and/or undergo a background check prior to beginning employment. Refusal of an applicant to be fingerprinted, failure to report for fingerprinting, or failure to provide such information as is necessary to conduct a background check will be sufficient grounds for disqualification under Section 4.3.C.
b. All applicants will have their fingerprints submitted for clearance through the California Department of Justice and other agencies as deemed appropriate. Fingerprints will be submitted using the “LiveScan” process and in accordance with applicable state, federal, and local laws regarding the LiveScan process. c. The City also retains the right to conduct a thorough background check of each applicant. A background investigation may include, but is not limited to reference checks, employment history, criminal 112 of 247
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history, and public records. When conducting background checks on applicants, the City shall comply with all applicable state and federal laws.
d. If the background screening discloses a previous criminal conviction, the Personnel Officer will conduct an individualized assessment, taking into account a number of factors in determining whether to disqualify the applicant and rescind the conditional offer of employment. Such factors may include the nature of the position, nature of the conviction, length of time since conviction, and completion of any resulting incarceration or probation. e. The Personnel Officer will then make a preliminary determination based on the results of the individualized assessment. If that preliminary determination is to disqualify an applicant based on conviction history, the Personnel Officer will issue a written notice of intent to the applicant, identifying the conviction at issue, including a copy of the conviction history report (if any), and advising of the applicant’s right to respond within five business days of delivering the notice, as required under the timelines outlined in section 11017.1 of title 2 of the California Code of Regulations, to challenge the accuracy of the conviction history report and provide evidence of any mitigating circumstances. An applicant who notifies the Personnel Officer of efforts to obtain evidence disputing the conviction history information or report will receive a minimum of five additional business days to respond. The City Manager may permit additional time due to delay despite reasonable
demonstrated efforts by the applicant.
f. After considering any information provided by the applicant, the Personnel Officer will make a final decision regarding
disqualification.
(1) If the final decision is to disqualify the applicant based on conviction history, the Personnel Officer will provide written notice to the applicant of the decision and of the applicant’s right to file a complaint with the California Department of Fair Employment and HousingCivil Rights Department.
3. Pre-Employment Medical Examinations
Following a conditional offer of employment, applicants for certain City positions (including current employees seeking a position involving different physical or mental requirements), may be required to complete a job related pre-employment psychological and/or medical examination, as necessary, to ensure the applicant is mentally and physically capable of performing the essential functions of the job.
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Additionally, all job applicants for safety-sensitive positions are may be required to submit to a physician’s examination, and depending on the Position, may also be required to submit to a drug screen, at the City’s expense, upon being made a conditional offer of employment. No job commitment shall be made until a negative drug screen result is obtained, where applicable, and a physician has certified that the applicant is medically fit to perform the essential functions of the Position, with or without reasonable accommodation.
When the applicant reports to the medical facility for the scheduled examination or drug test, personal identification shall be provided to the facility in the form of a photograph and verifiable signature (for example, a driver’s license). The applicant may also be required to complete a medical history questionnaire and a medical records release as necessary to facilitate the examination. All test results will be kept confidential. The applicant will be told whether the tests were passed or failed, but only the Human Resources Director, the Personnel Officer and their assistant(s) will have access to the test results, on a need-to-know basis.
4. Firm Offer of Employment
The Personnel Officer will issue a firm offer of employment when the selected applicant has passed his or her background check and has passed his or her medical examination. The appointment will become effective when the applicant has signed all official papers required by the City, and those papers bear the appropriate signatures from City management confirming the appointment.
F. Employment Oath:
All employees of the City must complete and sign the Oath or Affirmation of Allegiance for Public Officers and Employees on the first day of employment or as soon thereafter as practicable in accordance with ArticleRule XX, Section 3 of the Constitution of the State of California. A signed copy will be included in the employee’s personnel file.
RULE V. APPOINTMENTS
SEC. 5.1 APPOINTMENT OF NEW EMPLOYEE
The hire date of a new employee shall be that of the first day actually worked.
SEC. 5.2 PROVISIONAL APPOINTMENTS
A. It shall be the policy of the City to require all Department Directors and other appointing authorities, whenever possible, to notify the Human Resources Director of impending or anticipated vacancies in their departments sufficiently in advance so as to allow for the establishment of an appropriate eligibility list.
However, when the demands of the services are such that it is not practicable to give such notification and if it is not practicable to delay appointment until a new eligibility list can be certified, the Appointing Authority may make a provisional appointment to the Position. As soon as practicable, but not longer than six (6) 114 of 247
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months after a provisional appointment has been made, the Human Resources Director may cause an examination to be prepared, and all Positions filled provisionally shall be filled by an appointment from an eligibility list. No person shall be employed by the City under provisional appointment for a total of more than six (6) months in any fiscal year except that the City Manager may, with approval of a majority of the Council, extend the period of any provisional appointment for not more than ninety (90) days by any one action and shall not exceed a total of twelve (12) months.
B. A person appointed to a Position on a provisional basis shall not be entitled to credit for the time served under the provisional appointment toward the completion of his/hertheir Probationary Period and shall be entitled to the same salary and other benefits as an applicant appointed from an eligibility list except that he/shethey may not be employed under the provisional appointment for longer than the period authorized herein.
C. No preference shall be allowed in any examination or the establishment of any eligibility lists for a Position for an applicant who rendered service in that Position under a provisional appointment.
SEC. 5.3 ACTING APPOINTMENTS TO A HIGHER CLASS
A. An acting appointment may be made of a current employee to a higher Class or Position that is vacant or from which an employee is absent temporarily due to an authorized leave of absence. During an acting appointment, the employee will perform all of the duties and assume all of the responsibilities of the higher Class on a full-time basis.
B. Eligibility: The City Manager may assign an acting appointment to any employee who possesses the Minimum Qualifications for the higher Class.
C. Maximum length of acting appointments:
1. An acting appointment to a position that is vacant during recruitment for a regular appointment will last no longer than 960 hours in a fiscal year.
2. An acting appointment to a position that is vacant temporarily due to an employee’s leave of absence will last no longer than the duration of the incumbent employee’s leave of absence.
a. Appointments made under these circumstances may not initially exceed six (6) months. However, the City Manager may extend acting appointments in increments of up to 30 days, if the City Manager determines that doing so does not present an undue hardship for the City.
D. End of acting appointments: Acting appointments are held on a temporary, atwill basis and may be terminated by action of the City Manager at any time with or without cause. In addition:
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1. An acting appointment due to the authorized leave of absence of the incumbent employee will terminate automatically upon the release of incumbent employee, unless the incumbent employee is unable to perform the essential functions of the position with or without reasonable accommodation.
2. An acting appointment to a vacant positonposition for which recruitment is pending will terminate automatically upon the earlier of the following:
a. Completion of 960 hours in a fiscal year;
b. First date of employment by a new hire into the position; c. Action by the City Council to re-classify or eliminate the position.
3. The employee may request to be reassigned back to his/hertheir usual class and position at any time during an acting appointment. If the City Manager determines that reassignment is feasible, the employee will be reassigned within seven working days.
E. Return from acting appointments: After an acting appointment ends, the employee shall resume the duties and receive the same have the step status and merit increase eligibility date he/shethey would have achieved if the employee had remained in the lower class throughout the period of his/hertheir service in the higher class.
SEC. 5.4 REINSTATEMENT
The Appointing Authority may, with the approval of the Personnel Officer, reinstate any person who has resigned in good standing, provided that such reinstatement is accomplished within one (1) year of the date of resignation, or as otherwise required by law. Such reinstatement action may, at the discretion of the Appointing Authority, take precedence over any eligibility list except a reemployment list. Any person so reinstated shall be subject to a new Probationary Period of the same length as established for new appointees to a Position in the Class, unless excused by Personnel Officer.
SEC. 5.5 TRANSFER
A. The Personnel Officer may institute a voluntary or involuntary transfer of an employee from one Position to another vacant Position in the same Class or to a vacant Position in a comparable Class at the same salary level.
B. An employee who has achieved a rating other than “Does Not Meet Expectations” on his/hertheir most recent performance evaluationreport. may initiate a request for voluntary transfer to an available position in the same Class for which a recruitment has not yet opened pursuant to Section 4.2, and for which he/shethey meets the Minimum Qualifications, by submitting a request in writing to the Department Director. The Department Director will issue a written recommendation to the Personnel Officer as to whether to proceed with an 116 of 247
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internal recruitment in accordance with Section 4.2, proceed with an opencompetitive recruitment, or to exercise the discretion to grant the employee’s transfer request.
C. While the Personnel Officer retains sole discretion whether to institute voluntary and involuntary transfers, consideration will be given to the affected employee’s and the Department Director’s wishes.
SEC. 5.6 NEPOTISM
A. Definitions.
Unless otherwise specifically referenced in another section, these definitions only apply to the application of this Nepotism section.
1. Applicant. A person who applies for a position at the City and is not a Current Employee.
2. Change of Status. A change in the legal status or personnel status of one or more Current Employees.
a. Changes in legal status include but are not limited to marriage, divorce, separation, or any such change through which a Current Employee becomes a Family Member or ceases to be a Family Member of another Current Employee.
b. Changes in personnel status include but are not limited to promotion, demotion, transfer, resignation, retirement or termination of a Current Employee who is a Family Member of another Current Employee.
3. Current Employee. A person who is presently a City employee, or an elected or appointed City official.
4. Direct Supervision. One or more of the following roles, undertaken on a regular, acting, overtime, or other basis shall constitute Direct Supervision:
a. Occupying a position in an employee’s direct line of supervision; or b. Functional supervision, such as a lead worker, crew leader, or shift supervisor;
c. Participating in personnel actions including, but not limited to, appointment, transfer, promotion, demotion, layoff, suspension, termination, assignments, approval of merit increases, evaluations, and grievance adjustments.
5. Family Member: A spouse, domestic partner, child, parent, legal guardian, grandparent, grandchild, aunt, uncle, cousin, niece, or nephew, including step-relations and in-laws.
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6. Prohibited Conduct. Conduct by Family Members including, but not limited to, one or more of the following:
a. Participation directly or indirectly in the recruitment or selection process for a position for which a Family Member is an Applicant. b. Direct Supervision of a Family Member that does not comply with limitations set forth in this Rule;
c. Conduct by one or more Family Members that has an adverse effect on supervision, safety, security or morale.
B. Guidelines for Applicants.
1. No qualified Applicant may be denied the right to file an application for employment and compete in the examination process. However, consistent with this ArticleRule, the City may reasonably regulate, condition, or prohibit the employment of an Applicant for a full-time position.
2. Disclosure: Each Applicant is required to disclose the identity of any Family Member who is a Current Employee.
3. Assessment by the Personnel Officer: For each Applicant who has a Family Member who is a Current Employee, the Personnel Officer shall assess whether any of the following circumstances exist:
a. Business reasons of supervision, safety, security or morale warrant the City’s refusal to place the Applicant under Direct Supervision by the Family Member; or
b. Business reasons of supervision, security, or morale that involve potential conflicts of interest or other hazards that are greater for Family Members than for other employees, which warrant the City’s refusal to permit employment of Family Members in the same department, division, or facility.
4. Decision of the Personnel Officer: If the Personnel Officer determines that either of the above circumstances exist, the Personnel Officer shall exercise his or her discretion to either reject the Applicant or consider the Applicant for employment in a position that does not present either of the above circumstances.
5. Following examination, if the Applicant is successfully certified as eligible pursuant to ArticleRule VIII, he or she may be employed in a position for which the Personnel Officer has determined that neither circumstance exists pursuant to Section 5.6(B)(3).
6. When an eligible Applicant is refused appointment by virtue of this ArticleRule, his or her name shall remain on the eligibility list for openings 118 of 247
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in the same classification. For each opening, the Personnel Officer shall make a determination consistent with Section 5.6(B)(3).
C. Guidelines for Current Employees.
1. Employees shall report a Change of Status to the Personnel Officer within a reasonable time, not to exceed thirty days, after the effective date of the Change of Status. Wherever feasible, Employees shall report a Change of Status in advance of the effective date.
2. Within thirty days from receipt of notice, the Personnel Officer shall undertake a case-by-case consideration and individualized assessment of the particular work situation to determine whether the Change of Status has the potential for creating an adverse impact on supervision, safety, security, or morale.
a. The Personnel Officer shall consult with an affected Department Director to make a good faith effort to regulate, transfer, condition or assign duties in such a way as to minimize potential problems of supervision, safety, security, or morale.
b. Notwithstanding the above provisions, the City retains the right to exercise its discretion to determine that the potential for creating an adverse impact on supervision, safety, security, or morale cannot be sufficiently minimized and to take further action pursuant to Section 5.6(C)(3)(a).
3. Following a Change of Status or new hire of a Family Member, affected Department Directors shall reasonably monitor and regulate both Family Members’ conduct and performance for a period of one year from the date of the Personnel Officer’s determination. The Department Director shall document these actions. Successive Department Director may re-visit such a determination at their discretion.
a. If the Department Head Director determines, subject to any applicable requirements of due process, that an employee has engaged in Prohibited Conduct, the Department Director shall revisit the Personnel Officer’s determination. Depending on the severity of the Prohibited Conduct, the Department Director may recommend that the Personnel Officer take one or more of the following additional measures:
(1) Transfer one of the Family Members to a similar position that would not be in violation of this policy. The transfer will be granted provided the Family Member qualifies and there is an opening to be filled. There can be no guarantee that the 119 of 247
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new position will be within the same classification or at the same salary level.
(2) If the situation cannot be resolved by transfer, one of the Family Members must separate from City employment. If
one of the employees does not voluntarily resign, with the exception of an elected or appointed official, the employee with primary responsibility for the Prohibited Conduct will be discharged.
4. Department Directors who receive complaints from other employees that one or more Family Members has engaged in Prohibited Conduct shall respond in accordance with existing complaint and disciplinary procedures, where applicable.
5. Where situations exist prior to the effective date of this ArticleRule that may be in conflict with this ArticleRule, every effort shall be made to reasonably address the situation so as to avoid any future conflict.
D. Employee Complaints. Employees who believe that they have been adversely affected by Prohibited Conduct by one or more Family Member should submit complaints to a Department Head Director or to the Personnel Officer.
E. Savings Clause. Should any provision of this RuleRule, or any application thereof, be unlawful by virtue of any federal, state, or local laws and regulations, or by court decision, such provision shall be effective and implemented only to the extent permitted by such law, regulation or court decision, but in all other aspects, the provisions of this Rule Rule shall continue in full force and effect.
RULE VI. PROBATION
SEC. 6.1 PROBATIONARY STATUS
During the Probationary Period the employee, unless subject to the terms and conditions of an employment contract, may be rejected at any time, for any lawful reason, or no reason.
SEC. 6.2 PROBATIONARY PERIODS
A. The Probationary Period shall not include time served under a temporary, acting or provisional appointment. Periods of time on leaves longer than thirty (30) days require that the Probationary Period be extended a period of time equal to the amount of time spent on leave.
B. Length of Probationary Period:
1. All original and promotional appointments shall have a Probationary Period of one (1) year.
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2. Probationary Period - Transfers: Whenever a transfer is made, at the initial request of the employee, the transfer shall be subject to the employee satisfactorily completing a six (6) month probation period in the new Position or completing the remainder of the original Probationary Period, whichever is longer.
3. Performance Reports for Probationary Employees. In accordance with Section 7.3, during the probationary period, all probationary employees will be evaluated in three month increments for the duration of the probationary period.
4. Extension of Probationary Period: At the discretion of the Appointing Authority, any employee serving a Probationary Period may at the conclusion of such period have his/hertheir Probationary Period extended for up to an additional six (6) months, but no extension will be for no longer than a total of twelve months. The Appointing AuthorityPersonnel Officer or designee shall will notify the Personnel Officer oHuman Resources Director or designee of such contemplated extension of the Probationary Period, before taking such action. Employees shall be notified in writing of any extension Probationary Periods.
SEC. 6.3 REGULAR STATUS
A. An employee’s status shall be considered regular upon his/hertheir completion of the applicable Probationary Period, including any extension implemented in accordance with Section 6.2.B.4.
B. If the Personnel Officer issues a written notice of rejection to a probationary employee prior to expiration of the applicable Probationary Period, the employee has not attained “completion” within the meaning of Section 6.3.A .
SEC. 6.4 REJECTION DURING PROBATIONARY PERIOD OF PROMOTED
EMPLOYEES
A. Regular Employees: A Regular employee who is rejected during the Probationary Period from a Position to which he/shethey haves been promoted shall be reinstated to the Position from which he/shethey was were promoted, if such Position is vacant and existing, unless he/shethey is are discharged for cause, which would have been sufficient to cause his/hertheir discharge from his/hertheir former Position as well. In such case, the employee shall be entitled to appeal his/hertheir discharge as provided in these Rrules.
B. Probationary Employees: Employees promoted to a higher Class while on probation in a lower Class and who subsequently fail to perform satisfactorily in the promoted Position will be entitled to return to their former Position provided the Position has not been eliminated and is vacant. Such employee shall continue to serve a Probationary Period for the length of time remaining on the Probationary Period at the time of promotion.
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RULE VII. PERFORMANCE REPORTS
SEC. 7.1 POLICY
It is the policy of the City that periodic and regular reports be made as to the efficiency, competency, conduct and merit of its employees. To this end, it is the responsibility of the City Manager and the Department Directors that these ratings be made. It is the responsibility of the Human Resources Director to provide and prescribe the forms and procedures to be used in such reports of performance so that the program of performance reporting will be carried on in a sound, timely, and effective manner.
The purpose of the performance reports for regular and probationary employees is to set goals for the employee, to evaluate the employee’s work performance, and to provide a mechanism for the supervisor to reaffirm their expectations of the employee from one review period to the next.
In addition, a regular employee’s performance evaluation is the means of determining whether the employee will receive a merit salary increase for that review period and explain the reasons that the merit salary increase is granted or denied.
The performance report may also be used to identify training needs, or as a basis for disciplinary action. However, a performance report is not, itself, disciplinary in nature.
SEC. 7.2 AUTHORITY TO MAKE REPORTS
Department Directors shall have the authority to prepare reports of performance for those employees within his/hertheir department, in consultation with Human Resources.
The City Manager shall prepare reports of performance for the Department Directors.
SEC. 7.3 TIME FOR REPORTING
A. Probationary Employees: Within ten (10) days prior to the completion of every six (6) months during the Probationary Period, the Department Director shall furnish the Human Resources Director with a report as to the progress and capacity of the probationary employee, a copy of which shall also be furnished to the probationer. The Department Director, in consultation with Human Resources, may exercise discretion to issue performance reports on a more frequent basis.
B. Regular Employees: A report for an employee shall be prepared and received within thirty (30) days after his/hertheir salary anniversary date, provided that the employee may in addition be given a report of performance at any other time during the year upon his/her request or at the discretion of the Appointing Authority, and provided further that any employee who has been rated “improvement needed” or “unsatisfactory” (or equivalent i.e. “does not meet expectations”) shall be reported on again three (3) months from receiving such rating and again three (3) months subsequent to that in connection with a Performance Improvement Plan, as set forth in Section 7.6.B. 122 of 247
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C. Lack of Opportunity to Observe Performance: If, as a result of extended absence or other circumstances resulting in a Department Director's opportunity to observe an employee's performance for fewer than three (3) months, the employee and Department Director may, at their sole discretion, mutually agree in writing to delay issuance of the report of performance by up to three (3) months. If the employee is eligible for a step advancement, and the Department Director determines that the employee's performance so warrants, he/shethey may recommend to the City Manager that the employee receive the step advancement retroactively to the salary anniversary date.
SEC. 7.4 REVIEW WITH EMPLOYEE
It is acknowledged that one of the prime benefits of a sound performance rating system is that it can bring together the employee and his/hertheir Department Director in a frank and constructive discussion and appraisal of the employee’s work and the specific ways in which it may be improved. Therefore, each performance report shall be thoroughly discussed with the employee with this view in mind. The employee shall sign the report to acknowledge its contents. Such signature shall not necessarily mean the employee endorses the content of the report. The employee shall be entitled to submit a written response to his/hertheir performance report within 10 calendar days of receipt of the performance report. Any such response will be attached to the employee’s performance report and maintained in his/hertheir regular personnel file. No administrative appeal of the rating or contents of a performance report may be had by the employee.
SEC. 7.5 DISTRIBUTION OF REPORTS
Reports shall be prepared in three (3) copies. After review and approval of the Department Director, one copy shall be retained by him/herthem for his/hertheir files, one copy provided to the employee, and one copy shall be transmitted to the Human Resources Director. The Human Resources Department copy, along with any response by the employee, shall be made a part of the employee’s employment history and included in the employee's personnel file.
SEC. 7.6 PERFORMANCE RATINGS
A. Effects of “Improvement Needed” and “Unsatisfactory” Ratings:
1. Any employee who receives an overall rating of “unsatisfactory” or of “improvement needed” (or equivalent “i.e. “does not meet expectations”) will not be eligible to be appointed off of any eligibility list until a satisfactory rating is established.
2. Any employee who receives an overall rating of “unsatisfactory” or of “improvement needed” (or equivalent i.e. “does not meet expectations”) will not receive any merit salary increase during the period following the report, except as provided in subsection 5 below.
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3. Any employee who receives an overall rating of “unsatisfactory” or of “improvement needed” (or equivalent i.e. “does not meet expectations”) may be subject to a Performance Improvement Plan, as provided in subsection 7.6.B., below.
4. In any case, where an employee receives an overall rating of “unsatisfactory” on two (2) consecutive occasions or “improvement needed” (or equivalent i.e. “does not meet expectations”) on three (3) consecutive occasions, Disciplinary Action shall be taken by the Appointing Authority as provided for in these rules, if such action has not already been taken.
5. If an employee who has been denied a merit salary increase improves his/hertheir performance to such an extent that the Department Director believes a merit salary increase is now justified, the Department Director shall indicate the improvement on a report of performance form and may recommend that the Personnel Officer approve a merit salary increase.
Additionally, in recommending the merit salary increase under this subsection, the Department Director may recommend changing the merit salary increase anniversary date to the date of the award of the merit salary increase or may permit the anniversary date to remain the same.
Any merit salary increase awarded under this subsection shall not be made retroactive.
B. Performance Improvement Plan:
1. The Personnel Officer may authorize the use of a Performance Improvement Plan following an employee’s receipt of an overall rating of “unsatisfactory” or “improvement needed” (or equivalent i.e. “does not meet expectations”) in his/hertheir most recent performance report, or upon request of a Department Director whose other efforts to have an employee conform to the Department’s policies and procedures or other standards of performance have not been successful.
2. A Performance Improvement Plan is not a disciplinary action, and should not be used in place of appropriate disciplinary action.
3. A Performance Improvement Plan shall detail the specific reasons that performance is deficient or non-compliant, requirements for improvement, the number of special and/or regular evaluation periods that the Plan is intended to be in place, and a schedule for review of the employee’s progress under the Plan.
4. The employee will receive an opportunity to meet with his/hertheir Department Director or the Personnel Officer to provide input into the terms of the Performance Improvement Plan before the Plan takes effect.
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time to respond to his/hertheir performance report; as set forth in Section
7.4. 5. The Personnel Officer shall retain discretion to determine at any time that an employee under a Performance Improvement Plan has not demonstrated reasonable improvement and that the Plan should be discontinued.
6. The Personnel Officer may further determine at any time that Disciplinary Action is warranted to address an employee’s insufficient performance or other misconduct in accordance with Rule XII.
7. If the Personnel Officer determines that the employee has demonstrated sufficient improvement under the terms of the Performance Improvement Plan, and the employee then maintains acceptable performance over the full period of the Performance Improvement Plan, then the Plan shall be considered “successful.”
a. After the completion of a “successful” Performance
Improvement Program, the City shall maintain a record of the Program in the employee’s personnel file.
8. If the Personnel Officer determines that a Performance Improvement Plan has not been “successful,” or that the employee’s performance has regressed in the evaluation period following completion of a “successful” Performance Improvement Plan, the Personnel Officer may determine that disciplinary measures are warranted in accordance with Rule XII.
RULE VIII. HOURS OF WORK/OVERTIME
SEC. 8.1 POLICY
It is the policy of the City that eight (8) hours shall constitute a day’s work and five (5) days shall constitute a week’s work, for all Full-Time Employees, except that work days and work weeks of a different number of hours may be established in order to meet the varying needs of the different City departments where permitted by law.
SEC. 8.2 WORK WEEK
The work week shall be seven (7) consecutive twenty-four (24) hour periods starting at 12:001 a.m. on Saturday and ending at 11:59 p.m.midnight on the following Friday.
SEC. 8.3 DAILY HOURS OF WORK
Daily hours of work or shifts for employees within departments shall be assigned by Department Directors as required to meet the operational requirements of said departments. The normal work shift for employees is eight (8) hours per day. 125 of 247
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SEC. 8.4 CHANGE IN WORKING HOURS
Any foreseeable absence or deviation from scheduled working hours desired by an employee shall, in advance, be cleared in writing through the office of the Human Resources Director, and such absence shall be noted on the employee’s time sheet.
SEC. 8.5 OVERTIME AND COMPENSATORY TIME OFF
A. Overtime Compensation:
1. Non-exempt Eemployees shall not perform work outside of their regularly scheduled shifts unless requested to do so by a Department Director or with advance written authorization from a Department Director. This requirement applies to, but is not limited to:
a. Work performed before the start of the shift;
b. Work performed during meal periods;
c. Work performed after the end of the shift; and
d. Other work performed "off the clock" including work performed at home.
2. All non-exempt employees shall take reasonable measures wherever feasible to avoid the need for work to be performed outside of their regularly scheduled shifts. Where required, time spent on such work shall be kept to a minimum.
3. Department Directors shall adhere to the following guidelines in requesting or assigning work outside a non-exemptn employee’s regularly scheduled shift:
a. A non-exempt employee who may be required to perform work outside the regular shift shall be notified of the apparent need for such work as soon as practicable prior to when the work is expected to begin.
b. When practicable, opportunities shall be made available on an equal basis to employees capable of performing the work.
4. Except as may be otherwise elected by a non-exempt employee under section 8.5(B), subject to section 8.5(B)’s provisions, Nnon-exempt employees shall be paid at one and one-half times the employee's regular rate of pay for all hours worked in excess of forty (40) hours in a work week. Vacation, sick leave, holidays, jury duty and compensatory time off shall not be considered hours worked. Although no Department Director shall be entitled to any compensation for overtime work, Department Directors shall receive management leave as specified in Section 9.13. 126 of 247
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5. Non-exempt Eemployees shall be subject to discipline, up to and including termination, for violation(s) of this section.
B. Compensatory Time Off: Non-exempt Eemployees may elect to convert earned overtime to compensatory time off at the rate of one and one-half (1½) hours for each hour actually worked, subject to the prior approval of the Department Director. Non-exempt Eemployees may not accrue more than one hundred twenty (120) hours of compensatory time off. Non-exempt eEmployees shall be permitted to use compensatory time off within a reasonable period of time after the employee makes a request, provided that it does not unduly disrupt the City’s operations. "Unduly disrupt" shall mean that it would impose an unreasonable burden on the City’s ability to provide services of acceptable quality and quantity for the public during the time the employee requested off. Compensatory time off shall be used within one (1) year from the time overtime was performed. If the Department Director is unable to schedule and grant the time off within one (1) year, cash payment shall be made at the employee’s current rate of pay in lieu of compensatory time off. A non-exempt employee whose employment is terminated for any reason shall be paid for all unused compensatory time off at a rate of the higher of (1) the average hourly rate the employee earned during the last three (3) years of employment; or (2) the final hourly rate earned by the employee.
SEC. 8.6 REST BREAKS
Non-exempt employees shall be entitled to a paid 15-minute break for every four (4) hours worked. Such time shall be considered hours worked.
SEC. 8.7 MEAL PERIODS
A. Non-exempt employees are entitled to unpaid, thirty minute meal periods during which they shall be entirely relieved of responsibilities and restrictions. Such time shall not constitute hours worked.
B. Department Directors shall schedule meal periods to ensure appropriate coverage.
C. Non-exempt employees who work during their meal periods shall be paid for time worked.
RULE IX. LEAVES OF ABSENCE
SEC. 9.1 HOLIDAYS
A. The following days shall be recognized and observed as paid holidays:
1. New Year’s Day (January 1)
2. Martin Luther King Jr.’s Birthday – third Monday in January
3. Presidents’ Day – third Monday in February
3.4. Cesar Chavez Day (March 31)
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5. Memorial Day – last Monday in May
4.6. Juneteenth – (June 19)
5.7. Independence Day (July 4)
6.8. Labor Day – first Monday in September
7.9. Veteran’s Day (November 11)
8.10. Thanksgiving Day – fourth Thursday in November
9.11. Day After Thanksgiving Day
10.12. Christmas Eve (December 24)
11.13. Christmas Day (December 25)
B. For purposes of this Rule, a holiday will be considered to be "observed" by the City solely on those days on which City Hall would usually be open but is closed due to the holiday.
C. If a holiday falls on a Sunday and is observed nationally the following Monday, the City will observe the holiday on the following Monday. If a holiday falls on a Saturday and is observed nationally the preceding Friday, the City will observe the holiday on the preceding Friday.
D. Full-Time and Probationary Employees shall receive one (1) day’s pay for each of the holidays listed above for the number of hours they would have been scheduled to work.
E. Whenever a holiday falls on a Saturday or Sunday and is not otherwise observed by the City, the employee will be granted an additional vacation day for each Saturday or Sunday holiday worked.
F. If any employee works on the day the City observes any of the holidays listed above (excluding Admission Day as provided in section 9.1(H)), he/shethey shall be paid for all hours worked at the rate of two (2) times his/hertheir hourly rate of pay and shall be granted a different day off in lieu of the holiday.
G. Birthday Holiday: Each employee is entitled to one paid holiday in celebration of his/hertheir birthday. The employee is required to observe this holiday on a date that falls within the period from seven calendar days before to seven calendar days after the employee’s birthday. If the employee is unable to observe the birthday holiday during this time period because the Department Director has determined that it would cause a hardship to the department or to the City, the City Manager can approve an exception in writing to permit the employee to observe the birthday holiday at a later date in the same calendar year. An employee who does not observe his/hertheir birthday holiday in the time period specified, and does not request an exception before the expiration of the birthday holiday observation period, shall not be permitted to observe the birthday holiday that year. A birthday holiday has no cash value and shall not be paid out or carried forward.
H. Admissions Day: Each full-time employee will accrue one additional vacation day per year in honor of Admissions Day. The extra vacation day will be added to the vacation bank in the next pay period following September 9th of each year. 128 of 247
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SEC. 9.2 VACATION
A. Full-time Regular and Probationary employees in all classifications shall accrue vacation, on a daily monthly basis while in paid status, according to the following schedule:
1. From the date of hire through five (5) years of service: ten (10) days per year.
2. Beginning the sixth year through ten (10) years of service: fifteen (15) days per year.
3. Beginning the eleventh year of employment: twenty (20) days per year.
B. The City Manager may in his/hertheir sole discretion, permit a Department Director to accrue vacation on a schedule other than as specified in Section
9.2.A. The City Manager shall specify the applicable schedule in writing at the time of hire.
C. The maximum number of vacation days that may be accumulated by an employee is forty (40) days. Once an employee reaches the maximum accumulation, he/shethey shall cease vacation accrual until his/hertheir total number of vacation hours falls below the maximum allowable.
D. A maximum of five (5) vacation days per calendar year may be converted to compensation and shall be paid at the employee’s rate of pay at the time of the conversion.
E. An employee may also convert an additional five (5) vacation days per calendar year to compensation, which shall be paid at the employee’s rate of pay at the time of the conversion, provided that the employee takes an additional five (5) days of vacation off work during the same pay period in which the conversion occurs.
F. At termination of employment for any reason, the City shall compensate the employee for the employee’s accumulated vacation time at the employee’s straight timefinal rate of pay at the time of termination.
G. The City will not require an employee to take vacation time in lieu of sick leave or leave of absence during periods of illness. However, the employee may elect to take vacation time in case of extended illness constituting a "serious health condition" within the meaning of the City's Family Care and Medical Leave, Pregnancy Disability Leave, and Military Family Leave Policy where sick leave has been fully used.
H. If a holiday falls on a work day during an employee’s vacation period, that day shall be considered as a paid holiday and not vacation time.
I. Vacations may be scheduled at any time during the year upon written approval of the Department Director.
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SEC. 9.3 SICK LEAVE
A. Definitions:
1. Immediate Family: Immediate Family means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or of the employee’s spouse or registered domestic partner, or a person who stood in loco parentis to either the employee or the employee’s spouse or domestic partner as a minor; or an employee’s spouse, registered domestic partner; grandparent; grandchild; or sibling, including half-siblings; or a designated person, which means a person identified by the employee at the time the employee requests paid sick days. The City limits each employee to one designated person per twelve-month period for paid sick days.
2. Permitted Use of Sick Time:
a. Permitted Use of Sick Time consists of any of the following:
(1) Diagnosis, care, or treatment of the existing health condition of an employee or a member of the employee’s Immediate
Family;
(2) Preventative care for an employee or a member of the employee’s Immediate Family;
(3) For employees who are victims of domestic violence, sexual assault, or stalking, leave taken f, as defined in Government Code section 12945.8 (j)(8), for taking time off from work to obtain or attempt to obtain any relief. or the purposes described in Sections 230(c) and 230.1(a) of the California Labor Code§.
(4) Extension of Bereavement Leave to which an employee is entitled under Section 9.4.
(5) For jury duty or to serve as required by law on an inquest jury or jury trial.
(6) An employee who is a victim, as defined in Government Code section 12945.8, subdivision (j)(8), to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.
(4)(7) An employee who is a victim or a family member of a victim of a crime, as defined in Government Code section 12945.8, subdivision (j)(8)(C), to attend judicial proceedings related to the crime.
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3. Full-Time Employees: For purposes of this policy a “Full-Time Employee” means any Regular or Probationary Full-Time Employee, as defined in Section 1.4.B.18.
4. PTS Employees: For purposes of this policy a “PTS Employee” means any employee who is not a Full-Time employee, including, but not limited to, part-time, temporary, and seasonal employees.
5. New Hires: For purposes of this policy, a “New Hire” refers to any employee hired or re-hired to work at the City on or after July 1, 2015.
6. Employees: For purposes of this policy the term “Employees” without further modification includes all City employees, regardless of status or hire date.
B. Eligibility:
All Employees are eligible to accrue and use paid sick leave in accordance with the applicable terms of this policy.
C. Waiting Period Prior to Use of Sick Leave by New Hires:
All New Hires must complete an initial, one-time 90-calendar day waiting period before using sick leave. Employees who leave City employment before completion of the 90- day waiting period are not entitled to use any sick leave. However, New Hires who return to City employment within 12 months of separation will have their sick leave balances restored in accordance with Section 9.3.H and need only complete the remainder of the 90-day period before becoming entitled to use available sick leave.
D. Accrual:
1. Full-Time Employees
Full-Time Employees shall earn sick leave at the rate of 8 hours per month. There shall be no limit on sick leave accrual.
2. PTS Employees
a. PTS Employees will receive a bank of 4024 hours of sick leave on July 1, 2015 or on the first day of their first fullnext month following their first date of employment, whichever is later. New Hires must satisfy the waiting period set forth in Section 9.3.C. before using any time from the sick leave bank.
b. The City will provide an additional bank of 24 40 hours of sick leave on January 1 of each subsequent calendar year to each PTS employee.
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c. PTS Employees shall accrue no additional sick leave beyond the 2440-hour bank and shall have no right to carry over banked hours from year to year.
E. Notice:
1. Unscheduled Time Off: An Employee shall contact his/hertheir immediate supervisor prior to the commencement of the assigned work shift, or as soon thereafter as is practical, to report absence from work due to a Permitted Use of Sick Time. Consideration shall be given to emergency situations that restrict the employee from contacting his/hertheir immediate supervisor prior to his/hertheir assigned work shift, including, but not limited to accident, injury, or hospitalization.
a. An employee shall notify his/hertheir immediate supervisor before the employee leaves the work site prior to completion of the work shift due to any unscheduled Permitted Use of Sick Time; however, the employee need not provide the reason that sick time is needed to the immediate supervisor.
2. Scheduled Time Off: Notice of time off for scheduled appointments involving a Permitted Use of Sick Time such as personal medical appointments must be provided to the Department Director at least one week in advance of the appointment, whenever feasible. Every effort should be made to schedule such appointments at times that do not conflict with the City's work schedule.
a. The employee shall again notify his/hertheir immediate supervisor before the employee leaves the work site prior to completion of the work shift due to the scheduled Permitted Use of Sick Time.
F. Medical Certification or Other Documentation:
Employees off work on sick leave for a period of four or more consecutive days may be required at any time to provide a doctor’s note or other relevant documentation certifying that the reason for the employee’s absence is a Permitted Use of Sick Time, and if the employee is unable to return to work, stating how long the employee is expected to be unable to do so.
G. Return to Work:
For any absence of four more or days due to an employee’s own illness or injury, the supervisor may require that the employee provide a note from his/hertheir physician, releasing the employee with or without restrictions, before the employee may return to work.
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H. Reinstatement of Unused Sick Leave Balances:
An Employee who separates from employment with the City and returns to active employment within 12 months of his/hertheir separation date shall have his/hertheir unused sick leave balance reinstated, up to a maximum of 24 hours. For purposes of this provision, unused sick leave is leave that was accrued, but never taken by the Employee, and that was not converted to Personal Leave under Section 9.5.
I. Retention and Inspection of Records Pertaining to Sick Leave:
The City shall keep records documenting the hours worked and paid sick leave accrued and used by an employee for three years. Upon reasonable request, and within 21 calendar days after the request, the City shall afford current and former employees the right to inspect or copy records pertaining to their hours worked and paid sick days accrued and used. Access to all other personnel records shall be governed by Rule XIX.
J. Abuse of Sick Leave:
Employees who do not comply with this policy, including providing insufficient notice of sick leave or using sick leave for reasons other than for a Permitted Use of Sick Time, are committing abuse of sick leave, which is grounds for discipline, up to and including termination. The City reserves the right to take reasonable steps to determine whether an employee is abusing sick leave, including, but not limited to, attempting in-person or electronic communication with an employee using sick leave, identifying and tracking consistent patterns of sick leave use, such as in connection with weekends, holidays, and scheduled days off, and considering social media content or other relevant evidence that is either publicly available or shared voluntarily by other employees or interested individuals.
K. Retirement Credit for Sick Leave:
When an employee retires under the California Public Employees Retirement System (CalPERS), a credit for his/hertheir unused sick leave shall be converted to additional service credit at the rate of 0.004 years of service credit for each day of unused sick leave (i.e., 250 days of sick leave equals one additional year of service credit) per CalPERS contract with the City.
SEC. 9.4 BEREAVEMENT LEAVE
A. Full-time employees are entitled to paid bereavement leave in the event of death in their immediate family. Bereavement leave is a separate benefit from other paid leaves; however, sick leave may be used to supplement the periods provided in Section 9.4.B.
B. Full-time Eemployees will receive up to three five (53) working days of paid bereavement leave per calendar year, per immediate family member. Full-time Eemployees who provide documentation demonstrating a need for their attendance at a distance greater than 300 miles from the City may be permitted 133 of 247
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up to a total of five eight (85) working days of paid bereavement leave, at the discretion of the Personnel Officer.
B.C. Part-time employees will receive five (5) unpaid days of bereavement leave in the event of death in their immediate family. Part-time employees may use sick leave to receive pay during their bereavement leave.
C.D. For purposes of this Section 9.4, "immediate family" shall have the same definition as in Section 9.3.A.1, except that for the purpose of this section, such definition excludes the “designated person.” Requested exceptions to this definition may be approved in advance at the sole discretion of the Personnel Officer.
SEC. 9.5 PERSONAL LEAVE
A. Full-time Employees may convert sick leave to personal leave in accordance with the procedure set forth in this Section. On January 1 of each year, if an employee has a minimum of ten (10) days (80 hours) of accumulated sick leave, ten percent (10%) of that their total accumulated sick leave will be available for conversion to, and use as, personal leave, during that calendar year. For example, an employee with twelve (12) days of sick leave on January 1 would have available 1.2 days of personal leave.
B. No employee is required to convert sick leave to personal leave. However, when sick leave is converted and used as personal leave, the amount of the personal leave used will be deducted from the employee’s accumulated sick leave balance. Thus, in the example above, if the employee used the 1.2 days of personal leave before earning any additional sick leave, the employee’s accumulated sick leave balance would be 10.8 days.
C. Any additional sick leave accrued, but not used, during the pertinent calendar year will be added to the employee’s accumulated sick leave balance for calculating the amount of personal leave that will be available for the following calendar year.
SEC. 9.6 MILITARY LEAVE
Military leave shall be granted in accordance with Section 395 of the Military and Veteran’s Code and the Federal Uniformed Services Employment and Reemployment Rights Act.
SEC. 9.7 JURY DUTY
A. An employee summoned for jury duty will immediately notify the Human Resources Director. While serving on a jury, he/shethey will be given a leave of absence, in accordance with Section 9.7.B. or 9.7.C., below, as applicable. Said leave of absence is conditional upon the employee returning to work upon his/hertheir dismissal each day to complete his/hertheir normal work day. 134 of 247
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B. Regular and probationary full-time employees will receive leave with pay for the duration of jury service. Employees must convey to the City any compensation received as a juror, not including any travel allowance received.
C. Part-time, temporary and seasonal employees will be permitted to take an unpaid leave of absence in accordance with Section 12945.8230 of the California Government CodeLabor Code.
SEC. 9.8 VOTING LEAVE
In accordance with California Election Code sections 14000 and 14001, if a registered voter does not have sufficient time outside normal working hours within which to vote at general direct primary or presidential elections, he/shethey may take off such working time as will enable him/herthem to vote. The scheduling of the time referenced above shall be subject to the approval of the Department Director and shall normally be at the beginning or end of a work shift. A maximum of two (2) hours may be taken with pay.
The employee must provide two (2) days’ notice of the need for voting leave.
SEC. 9.9 ELECTION OFFICIAL LEAVE
Employees serving as an election official shall be permitted leave in order to so serve.
Such leave is unpaid, but, at their option, employees may request to use vacation leave to serve as an election official. An employee taking leave to serve as an election official is required to give his/hertheir Department Director at least ten (10) days’ notice before the date of the election in which the employee is to serve as an election official.
Employees serving as an election official are required to provide their Department Director with proof of service prior to taking leave.
SEC. 9.10 LACTATION BREAKS
A. In accordance with California and federal law, the City will provide an employee with reasonable unpaid time off, as a lactation break, and an appropriate area for the purpose of the employee expressing breast milk for the employee’s infant child. The break time must, if possible, run concurrently with, and not exceed, any break time already provided to the employee. For non-exempt employees, any additional break time (that exceeds or takes place outside of authorized paid break time) is unpaid if the employee is otherwise relieved of all work during that time. If approved by Personnel Officer_______, employees may use available accrued leave or may make up time that is otherwise unpaid . Once a lactation break has been approved, the break should not be interrupted by another person except for a non-intrusive announcement of emergency or urgent circumstances.
B. For purposes of this Section 9.10, an "appropriate area" is a room or other location that is not a bathroom and that is private and is in close proximity to the employee's work area, is safe, clean, free of hazardous materials, and is otherwise functional as a space for expressing milk. The City will ensure that while an employee is using the area to express milk, there will be no intrusion by other employees or the public and there will be no use of the area other than for lactation purposes. The City will consider input from the affected employee but 135 of 247
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retains sole discretion in identifying an "appropriate area" on a case-by-case basis. Appropriate area will include a place to sit and a surface to place a breast pump and personal items and contains access to electricity or alternative devices (such as extension cords or charging stations) needed to operate an electric or battery-powered breast pump.
C. Requesting a Lactation Accommodation: An employee seeking lactation accommodation must contact Human Resources Director by email, or via other written communication. The City will respond via email or other written document within a reasonable period of time to acknowledge the request. Before implementing a lactation accommodation the City will request input from the employee and the employee’s supervisor(s) regarding the anticipated timing of lactation break(s) and the proposed location(s) for taking lactation breaks.
D. City’s Response to Accommodation Request: Following a lactation accommodation request, the City will provide written details to the employee regarding the terms of the lactation accommodation that will be provided. The written response will include:
1. Identification of appropriate area, as defined in this section;
2. Identification of a sink with running water and a refrigerator (or if not available, another City-provided cooling device suitable for storing expressed milk) that are in close proximity to the employee’s work area and that will be accessible for the employee’s use. The employee will also be advised of any general labeling expectations or scheduled cleaning that may apply to any temporarily refrigerated or cooled employee items.
3. Assurance that the appropriate area is free from intrusion by co-workers or the public while in use by the employee, and assurance that if the appropriate area is a room that may also be used for purposes other than lactation, the City will ensure that the use of the room for the expression of milk will take priority over other uses for the duration of each lactation break.
4. If applicable, an explanation that any one or more of the items in 1-3 above will not be provided because doing so presents an undue hardship “by causing the City significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the City’s business.
B.E. Employee Complaints: Employees who believe they have been denied appropriate accommodation under this section or have been subjected to discrimination or retaliation in violation of the lactation accommodation requirements under California law are encouraged to notify the Human Resources Director. Employees also have the right to file a complaint with the nearest Labor Commissioner’s Bureau of Field Enforcement (BOFE) Office and may visit http://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm for more information regarding California’s complaint process.
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SEC. 9.11 UNPAID LEAVES OF ABSENCE
A. Upon the request of the employee and the recommendation of the Appointing Authority, a leave of absence without pay may be granted by the Council or City Manager to an employee, who immediately preceding the effective date of such leave, shall have completed at least one year of continuous service.
1. An employee shall not be entitled to a leave of absence as a matter of right, but only upon good and sufficient reason.
2. Request for leave of absence without pay shall be made in writing to the Human Resources Director, and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. The Human Resources Director will transmit the request to the Council, in the case of leaves of more than one hundred twenty (120) days. A request for a leave of one hundred twenty (120) days or less may be approved by the City Manager, upon recommendation of the Appointing Authority for review and approval. A physician’s statement will be required of employees who request leave of absence without pay as a result of a medical condition. However, employees should not disclose are not required to include information regarding diagnosis.
3. A leave of absence without pay may be granted by the Council for a period not to exceed one year provided that the Council may extend such leave for up to an additional year.
4.3. Subject to the City’s operations needs, and to the extent required by law, Aan employee shall be entitled to reinstatement in his/hertheir regular position upon completion of the authorized period of leave.
B. The Appointing Authority may grant a leave of absence without pay for a reasonable period of time to any employee who is injured on the job, or has a "serious health condition" within the meaning of the City's Family Care and Medical Leave, Pregnancy Disability Leave, and Military Family Leave Policy even though the employee does not meet the one year of continuous service requirements as specified in Section .9.11.A.
C. A leave of absence without pay granted by the Appointing Authority or the Council under Section 9.11.A. or 9.11.B. shall not be construed as a break in continuous service or employment, and rights accrued at the time leave is granted shall be retained by the employee. However, vacation credits, sick leave credits, increases in salary and other similar benefits shall not accrue to a person granted such leave during the period of absence. An employee reinstated after leave of absence without pay shall receive the same step in the salary range theyhe/she received when they began his/hertheir leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range, and the employee’s salary anniversary date shall be set forward one month for each thirty (30) consecutive days taken.
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SEC. 9.12 UNAUTHORIZED LEAVES OF ABSENCE AND FAILURE TO
RETURN FROM LEAVE
A. An employee may be considered to have voluntarily resignedabandoned from his/hertheir employment with the City under any of the following circumstances:
1. Absence from his/hertheir job for more than two (2) working days without compliance with applicable notice requirements under these Rules;
2. Any action taken during a leave of absence from the City that is inconsistent with an intention to return to employment with the City, such as accepting full-time employment with another employer;
3. Failure to return to employment following the expiration of an authorized leave of absence, unless the City permits extension of the leave.
B. The City shall provide written notice to employees who are considered to have voluntarily resignedabandoned their City employment. The notice shall describe the facts on which the voluntary resignationabandonment is based. and the right to petition the Personnel Officer for reconsideration. The notice shall be provided by overnight mail, delivery confirmation requested, to the employee’s last known address on file informing the employee that: 1) the City considers the employee to have abandoned employment with the City; and 2) the employee has three working days from the delivery of the notice to inform the City of intent to return to work. The notice provided under this section must also advise the employee that failure to contact the City within the three day period, following delivery of the notice, will be treated as an automatic resignation, effective on the fourth working day after the notice’s delivery.
C. Employees who are considered to have resigned under this Section 9.12.A. can petition the Personnel Officer for reconsideration by submitting a written statement within five ten (5) days of the effective date of resignation, as provided in Section 9.12.B.notice. The Personnel Officer shall review the employee’s statement to determine if good cause is present, and shall decide whether the employee’s voluntary resignation will be withdrawn.
D. Any unauthorized absence may be cause for Disciplinary Action as provided in Rule XII.
SEC. 9.13 MANAGEMENT LEAVE
On January 1 of each year, Department Directors shall receive eight (8) days of management leave per calendar year, which may be used at the Department Director's discretion, with advance approval by the City Manager. During their first year as a Department Director, they shall obtain a pro rata amount of management leave commensurate with the time remaining in the calendar year. Management leave may be carried forward from year to year. The maximum number of days that may be accumulated by an employee as management leave is sixteen (16) days. Once an employee reaches the maximum accumulation, he/shethey shall cease accrual of 138 of 247
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management leave until his/hertheir total number of vacation management leave hours falls below the maximum allowable. Department Directors will be compensated for management leave at the time of termination of employment at their straight time ratethen-current rate of pay.
SEC. 9.14 SICK LEAVE DONATION POLICY
A. Purpose: The purpose of this Policy is to establish a program and procedures for employees to volunteer to donate a portion of their accumulated sick leave time to fellow employees who meet the criteria for eligibility in Section 9.14.B. There have been occasions when an employee, due to a catastrophic illness or injury, has exhausted all forms of paid time off. Such seriously ill employees have been forced to go without compensation for a length of time. This Policy is designed to address such circumstances. Participation by donors or recipients in the Sick Leave Donation Program is entirely voluntary.
B. Sick Leave Donation Banks: The Sick Leave Donation Program will allow an employee to request that a Sick Leave Donation Bank be established on his/hertheir behalf. A Sick Leave Donation Bank shall not be established unless the City Manager or the City Manager’s designee has approved the employee’s request. Leave donations will be credited to a particular recipient’s Sick Leave Donation Bank and will be for use by that designated recipient only.
1. Eligibility of Employee for Sick Leave Donations: To be eligible to receive approval for establishment of a Sick Leave Donation Bank on his/hertheir behalf, an employee must meet all the following conditions:
a. Must meet the criteria for use of sick leave in accordance with Section 9.3; and,
b. Must have been employed by the City in a full-time Position for at least one year; and,
c. Must submit a confidential statement from a treating physician which indicates that the employee’s absence is due to a qualifying reason under Section 9.14.B.2. and estimates the duration of the employee’s absence from work; and,
d. Must have applied for long-term disability insurance, if any, or for Workers’ Compensation benefits, if eligible, and have authorized the City to integrate any such awarded benefits with available leave balances; and,
e. Must have exhausted all earned leave balances (including sick, vacation, compensatory time, and management leave). However, the Human Resources Director may approve the solicitation and acceptance of sick leave donations prior to all balances being exhausted when the physician’s statement and existing leave 139 of 247
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balances indicate that all such balances will be exhausted within the next two pay periods.
2. Qualifying Reasons to Request Donated Sick Leave:
a. For purposes of this Section 9.14 a "qualifying reason" to request donated sick leave is one of the following:
(1) The employee has a "serious health condition" that requires the employee's absence from work for longer than two (2) pay periods, including intermittent absences that are related to the same "serious health condition"; or
(2) The employee is caring for an "immediate family member" who has a "serious health condition" that requires the
employee's absence for longer than two (2) pay periods. (3) The employee needs additional time off after the death of an "immediate family member," beyond his/hertheir entitlement under Section 9.4.
b. For purposes of this Section 9.14, a "serious health condition" has the same meaning as in the City's Family Care and Medical Leave, Pregnancy Disability Leave, and Military Family Leave Policy. c. For purposes of this Section 9.14, an "immediate family member" shall have the same definition as in Section 9.3.A.1.
3. Sick Leave Donation Bank Guidelines: Leave donations will be credited to a recipient’s Sick Leave Donation Bank on an hour-for-hour basis, regardless of the hourly pay rate of any particular employee. While using leave from the recipient’s Sick Leave Donation Bank, the recipient will be treated as though he/shethey was were merely using the recipient’s own sick leave. Thus, the recipient will accrue additional vacation or sick leave, as usual, during the use of hours from the Sick Leave Donation Bank. Any hours of donated sick leave remaining in the Sick Leave Donation Bank at the time the Bank is abolished will be returned pro rata (in proportion to the number of hours each employee donated) to all employees who donated to the Sick Leave Donation Bank. The donated hours used by the recipient are taxable to him/herthem in accordance with Internal Revenue Service regulations and are subject to withholdings as required by law.
C. Leave Donations: Donations of sick leave are subject to the following requirements:
1. Minimum Donations: Participating employees must donate a minimum of four hours from their accumulated sick leave balance. No donation from an employee will be permitted that would result in the donor’s 140 of 247
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accumulated sick leave balance, immediately after the donation, being below eighty (80) hours of accumulated sick leave.
2. Whole Hour Donations: Leave donations must be in whole hours. No fractions of hours may be donated.
3. Maximum Donation Per Employee: No individual employee may donate more than forty (40) hours to a particular Sick Leave Donation Bank.
4. Maximum Donation per Sick Leave Donation Bank: The maximum cumulative amount of sick leave that may be donated to a particular Sick Leave Donation Bank is four hundred eighty (480) hours.
D. Responsibilities Under the Policy: The development and use of a Sick Leave Donation Bank carries with it a shared responsibility between City's management and individual employees desiring to participate in the program. The respective responsibilities are set forth below:
1. The Requesting Employee: The requesting employee will prepare and submit to the Human Resources Director a “Request to Establish a Sick Leave Donation Bank” form. Additionally, the requesting employee should submit a “Certification of Physician or Practitioner” form to the Human Resources Director in a sealed envelope labeled “Confidential – Request to Establish a Sick Leave Donation Bank.” If the requesting employee is unable to make the request on their own behalf, the employee’s Department Director may submit a request on the employee’s behalf.
2. The Program Administrator: The Human Resources Director will serve as the administrator of the Sick Leave Donation Program. The Administrator will receive the confidential statement from the requestor’s physician in a manner consistent with the Federal Family and Medical Leave Act and the California Family Rights Act. The Personnel Officer will approve or deny the establishment of a requested Sick Leave Donation Bank, in accordance with the requirements of this Policy. If the request is approved, the Bank shall be established and the Administrator will publicize the request with the statement approved by the requestor. The Administrator shall approve or deny each offered donation, if any, to the Sick Leave Donation Bank in accordance with the requirements of this Policy. The Administrator shall determine when the Sick Leave Donation Bank shall be abolished.
3. The Donating Employee: A donating employee will prepare and submit to the Human Resources Director a “Request to Donate to Sick Leave Donation Bank” form.
4. The Finance Department: The Finance Department will make the appropriate payroll and leave balance adjustments for both the recipient and any donors. The Finance Department will coordinate the usage of hours from the Sick Leave Donation Bank and the integration of any other 141 of 247
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benefits therewith, if applicable. If hours are remaining in the Sick Leave Donation Bank at the time it is abolished, the Finance Department will credit all donors’ leave balances with a pro rata share of the hours remaining in the Bank in accordance with the number of hours each donor contributed.
SEC. 9.15 VICTIM LEAVE
A vVictims, as defined in Government Code section 12945.8, shall be permitted unpaid leave in accordance with such section. of domestic violence and/or sexual assault shall be permitted unpaid leave in accordance with Labor Code sections 230(c) and 230.1.
Victims of a violent or serious felony or a felony involving theft or embezzlement shall be permitted unpaid leave in accordance with Labor Code section 230.2. Victims of offenses listed in Labor Code section 230.5 shall be permitted unpaid leave in accordance with that section.
SEC. 9.16 SCHOOL VISITATION OR PARTICIPATION LEAVE
Employees shall be permitted to take unpaid leave in accordance with Labor Code sections 230.7 and 230.8.
SEC. 9.17 REPRODUCTIVE LOSS LEAVE
An employee is eligible to receive reproductive loss leave if they have worked for the City for at least 30 days prior to the start of the leave. An employee may take up to five days of leave when they suffer a reproductive loss event, which includes a loss associated with the following: family adoption, failed surrogacy, miscarriage, stillbirth, or unsuccessful assisted reproduction.
The five days do not need to be consecutive and may be taken for each reproductive loss event, up to 20 days in a 12-month period. The leave generally must be taken within three months of the reproductive loss event. Reproductive loss leave is unpaid, but employees may choose to run accrued paid leave concurrently.
SEC. 9.18 FITNESS FOR DUTY LEAVE
Employees are expected to report to work fit for duty, meaning they are able to perform their job duties in a safe, appropriate, and effective manner, free from the adverse effects of physical, mental, emotional, and/or personal problems. This section is intended to support City efforts to provide a safe environment and protect the health and welfare of employees and the public. If an employee feels that they are not fit to perform their duties, they must notify their supervisor immediately.
A fitness for duty examination may be required of an employee by Human Resources when job-related and consistent with business necessity, including but not limited to the following situations:
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• When an employee is involved in the interactive process with the City and further detail is needed regarding the employee’s work restrictions to identify a potential reasonable accommodation;
• When a supervisor observes or receives a reliable report of an employee’s possible lack of fitness for duty. Observations and reports may be based on, but are not limited to, employee’s own self-report of potential unfitness, dexterity, coordination, alertness, speech, vision acuity, concentration, disproportionate response to criticism, and inappropriate or uncharacteristic interactions with the public, co-workers, and supervisors.
• When the City has a reasonable suspicion that an employee is under the influence of illegal drugs or alcohol. Any such drug or alcohol test shall be conducted in accordance with the City’s Drug-Free Workplace Policy.
A. Procedures for Ordering a Fitness for Duty Examination When a Supervisor Observes or Receives a Reliable Report of an Employee’s Possible Lack of Fitness for Duty
When a supervisor becomes aware of or observes behavior that makes them reasonably suspect that the employee may not be fit for duty, the supervisor must refer the employee to the Human Resources Director. The Human Resources Director will schedule the employee for a fitness for duty examination. The examination will be paid for by the City. If the circumstances warrant, the Human Resources Director may, after conferring with the employee’s Department Director, place the employee on paid leave pending the results of the employee’s fitness for duty examination.
B. Procedure Following Receipt of All Fitness for Duty Examination Results In all fitness for duty examinations, the doctor examining the employee will be limited to finding the employee either “fit for duty,” “fit for duty with restrictions,” or “unfit for duty.” After such determination, employees may be returned to work as follows:
• Fit for Duty. If the doctor finds the employee is fit for duty, the employee must return to work immediately and continue to perform all the duties of the employee’s position.
• Fit for Duty with Restrictions. If the doctor finds the employee is fit for duty with restrictions, the doctor shall specify what work restrictions are necessary and for how long. The City will evaluate those restrictions and if the employee’s restrictions are disability-related, the City shall initiate or continue to engage in the interactive process, depending on the circumstances in which the examination was conducted.
• Unfit for Duty. If the employee is found to be unfit for duty, the employee shall not be permitted to work and may request or be placed on a leave of absence in accordance with these Rules if the “unfit” designation is identified as temporary 143 of 247
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by the examiner. If the employee’s restrictions are disability-related, the City shall initiate or continue to engage in the interactive process, depending on the circumstances in which the examination was conducted.
At no time shall the City request or require that the doctor reveal the underlying medical cause or related genetic information for a determination that the employee is not currently fit for duty.
SEC. 9.19 PERSONNEL ACTION LEAVE
The City retains the right to place an employee on personnel action leave at any time.
An employee may be placed on personnel action leave pending the conclusion of an investigation of misconduct, while potential disciplinary action is considered, or for any other reason the City Manager, in their discretion, believes warrants such leave. An employee on a personnel action leave will receive full pay and benefits during the leave.
An employee on personnel action leave must remain available by phone during their regular working hours. Employees on a personnel action leave are prohibited from entering City facilities or property, except to the extent that non-employees may access City facilities, property, or employees. The City Manager may place other reasonable restrictions on an employee on personnel action leave.
SEC. 9.17SEC. 9.20 LEAVE FOR EMERGENCY DUTY AS VOLUNTEER
FIREFIGHTER, RESERVE PEACE OFFICER, OR EMERGENCY
RESCUE PERSONNEL
Employees shall be permitted to take unpaid leave to perform emergency duty as a volunteer firefighter, reserve peace officer, or emergency rescue personnel in accordance with Labor Code section 230.3.
RULE X. LAYOFF/SEPARATION/RETIREMENT
SEC. 10.1 ELIMINATION OF POSITIONS
Decreased public interest or changes in the City's fiscal priorities may result in the elimination or curtailment of a public service activity which may therefore require the layoff of one or more employees.
SEC. 10.2 LAYOFF PROCEDURE
Any employee may be laid off because of either the abolishment of the Position or a determination by the City Manager that there is a shortage of work funds. Said layoff shall not be subject to appeal. The procedures of the City of Buellton Municipal Code Section 2.60.190 shall be followed.
SEC. 10.3 RESIGNATIONS
Employees wishing to leave employment in good standing must provide notice of resignation at least two weeks prior to leaving the City’s service, unless the time limit is 144 of 247
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waived by the City Manager. Notice must be submitted in writing to the City Manager for acceptance and must identify the date of the employee’s last workday. Resignations will be accepted upon submission and become irrevocable, unless the City Manager exercises discretion to consent to the employee’s revocation of resignation prior to the effective date of resignation. An employee who resigns without giving the requested notice under this section will have separated not in good standing and may be denied future employment with the City.
SEC. 10.4 TERMINATIONS
The City Manager may terminate:
A. Employees at any time while they are on probation.
B. Employees in the Exempt Service at any time. This authority applies only to those exempt employees the City Manager has the authority to appoint.
C. Employees for disciplinary purposes in accordance with Rule XII, to the extent applicable.
SEC. 10.5 RETIREMENT/DISABILITY RETIREMENT
In accordance with the city’s contract with the California public employees’ retirement system (CalPERS), employees who meet the age and service credit minimums may qualify for a service retirement from CalPERS. Under CalPERS laws, an employee who is unable to perform their job because of an illness or injury which is expected to be permanent, or last for at least 12 consecutive months, or result in death, may be entitled to receive a disability retirement. The cause of the disability need not be related to the employee’s job.
SEC. 10.6 RETIREMENT/DISABILITY RETIREMENTEMPLOYEE
OBLIGATIONS UPON SEPARATION
All employees who separate from City service for any reason must:
• Return all City property to the Human Resources Department, or their immediate supervisor prior to the end of their last day of employment; • Resolve any existing financial obligations to the City; and • If applicable, file a Form 700 with the Human Resources Director.
SEC. 10.5
In accordance with the City’s contract with the California Public Employees’ Retirement System (CalPERS), employees who meet the age and service credit minimums may qualify for a service retirement from CalPERS. Under CalPERS laws, an employee who is unable to perform his/her job because of an illness or injury which is expected to be permanent, or last for at least 12 consecutive months, or result in death, may be entitled 145 of 247
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to receive a disability retirement. The cause of the disability need not be related to the employee’s job.
RULE XI. OUTSIDE EMPLOYMENT/POLITICAL ACTIVITIES
SEC. 11.1 OUTSIDE EMPLOYMENT
A. During the employees’ work day, they are expected to devote full attention to their prescribed duties. Employees may engage in outside employment, enterprise or activity (collectively "outside employment') under the following circumstances only:
1. They notify the Appointing AuthorityHuman Resources Director prior to beginning outside employment, providing sufficient information for the Human Resources Director Appointing Authority to determine whether the outside employment is consistent with this Rule.
2. The Human Resources Director Appointing Authority shall assess whether any of the following factors are involved in the proposed outside employment:
a. Receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of employee’s City employment as a part of employee’s duties as a City employee; or
b. Performance of an act in other than the employee’s capacity as a City employee which act may later be directly or indirectly subject to the control, inspection, review, audit, or enforcement by such employee or the department by which the employee is employed; or
c. Conditions or factors which are likely to directly or indirectly lessen the efficiency of the employee in the employee’s regular City employment, or conditions in which there is a substantial danger of injury or illness to the employee; or
d. Use of City time, facilities, equipment, and supplies, prestige, influence, or confidential information of the employee’s City office or employment for private gain or advantage; or
e. Solicitation of future employment with a business doing business with the City over which the employee has some control or influence in employee’s official capacity at the time of the transaction.
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3. The Human Resources Director Appointing Authority will approve proposed outside employment that he/shethey determines does not:
a. conflict with or is not incompatible or inconsistent with the employee's City responsibilities, including performance of overtime and emergency duties and any other aspect of City operations; b. lessen the effectiveness of the employee; and
c. does not create a conflict of interest.
4. The Human Resources Director Appointing Authority shall advise the employee in writing as to whether the outside employment is approved or prohibited.
5. An employee may submit a written appeal to the Personnel Officer within fourteen (14) days from the employee’s receipt of the Human Resources DirectorAppointing Authority’s written determination that a proposed outside employment is prohibited. The written appeal shall specify the grounds on which the employee challenges the Human Resources DirectorAppointing Authority’s determination and shall include an attachment with all relevant documentary evidence for the appeal. The Personnel Officer shall schedule a meeting with the employee and the Human Resources Director appointing authority to discuss the Human Resources Directorappointing authority’s determination. The Personnel Officer shall issue a written decision to the employee and the Human Resources Director Appointing Authority within fourteen (14) days from the date of the meeting. The decision of the Personnel Officer shall be final and binding.
B. An employee with approved outside employment must notify the Appointing Authority within one (1) working day regarding any changes to the terms or conditions of the outside employment, which include increase of hours worked, that may have a potential adverse effect on the application of one or more of the factors under Section 11.1.A.2.
C. Employees shall be subject to disciplinary action pursuant to Rule XII for violation of this Rule, including, but not limited to, failure to disclose outside employment, failure to provide timely updates regarding changes to outside employment, and intentional inclusion of material mis-statements or exclusion of material information in the employee’s description of the outside employment.
SEC. 11.2 POLITICAL ACTIVITIES
Consistent with the provisions of California Government Code Title 1, Division 4, Chapter 9.5, Sections 3206 and 3207, employees may not engage in political activity during working hours, while on areas of City property where members of the public would not be entitled to engage in similar political activities, or while in uniform.Employees may not solicit political funds or contributions from other employees 147 of 247
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while on duty or on City property, nor may any employee participate in political activities while on duty or while in any uniform which would represent the City.
RULE XII. DISCIPLINARY ACTIONS
This Rule applies solely to Regular Employees within the City’s Classified Service. It does not apply to any employee in the City’s Exempt Service.
SEC. 12.1 CAUSES
A. Disciplinary measures may be taken for any good and sufficient cause. The extent of the Disciplinary Action taken shall be commensurate with the offense provided that the prior employment history of the employee may also be considered pertinent. Cause may include, but is not limited to, the following:
1. Violation of City Personnel Rules, ordinances, regulations, rules, and/or administrative policies and procedures; or of standards established under California or federal law;
2. Failure to maintain job performance standards or to properly perform assigned duties;
3. Theft of or harm to City property or the personal property of another;
4. Lack of cooperation;
5. Insubordination, disobedience, disrespect to proper authority, refusal or failure to perform assigned work, refusal to comply with a lawful order, or refusal to accept a reasonable and proper assignment from an authorized supervisor;
6. Dishonesty or willful concealment of pertinent information;
7. Conviction of a felony, or conviction of a misdemeanor relating to the employee’s fitness to perform assigned duties;
8. Unauthorized absence from employment or excessive absenteeism;
8.9. Working overtime without authorization;
9.10. Tardiness;
10.11. Failure to maintain satisfactory working relationships with other employees, officials, or the public;
11.12. Reporting for work, or being at work, under the influence of or in possession of alcohol, or non-prescribed controlled substances;
12.13. Engaging in Aassault, battery, horseplay, or fighting while on duty or under the guise of office;
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13.14. Gambling on City property or during working hours;
14.15. Sleeping on the job or leaving the job without authorization;
15.16. Improper use of City funds;
16.17. Acceptance of bribes or extortion;
17.18. Unauthorized use of City property;
18.19. Falsification of records, including information provided on an application for employment, including omissions of fact on such applications, or on time sheets;
20. Failure to properly care for City property;
19.21. Misappropriation of found property;
20.22. Acceptance of any gift, (other than as provided for by written City policy) reward or other form of compensation in addition to compensation for performance of official duties;
21.23. Carelessness, incompetence, inefficiency, or negligence;
22.24. Failure to maintain any employment qualification, including licenses or certificates;
25. Discourteous, disrespectful, or uncooperative treatment of the public or fellow employees;
23.26. Abusive, profane, or intemperate language or conduct directed toward or in the presence of others in the workplace;
24.27. Failure to comply with safety standards;
25.28. Interfering with the work performance of others;
29. Abuse of leaves of absence, including sick leave;
30. Unauthorized possession of firearms, weapons, or explosives on City property, in a City vehicle, while in City uniform, or while on duty; and/or
26.31. Engaging in unauthorized outside employment, enterprise, or activity or authorized outside employment, enterprise, or activity which is later found to create a conflict of interest with City work, negatively impacts the effective performance of City functions, or is not compatible with good public service or interests of the City service;
32. Other failure of good behavior either during or outside of employment such that the employee’s conduct causes discredit to the City; and/or;. 149 of 247
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27.33. Any other conduct of equal gravity to the reasons enumerated above, as determined by the City.
B. Reduction in Pay: Reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure are not disciplinary measures.
SEC. 12.2 AUTHORITY FOR DISCIPLINARY ACTIONS
A. The Department Directors and/or City Manager shall have authority to take Disciplinary Action. As specified in Section 10.4, only the City Manager may terminate employees. Supervisors also have the authority to issue oral and written reprimands to employees.
B. The Personnel Officer shall be notified of any contemplated Disciplinary Action prior to the time it is taken, provided that in emergency situations or other instances when prior notification is not practicable, the Personnel Officer may be notified as soon as possible subsequent to the time the action is taken.
SEC. 12.3 TYPES OF DISCIPLINARY ACTION
A. Lesser Disciplinary Action:
1. Oral Reprimand: Oral reprimand as a Disciplinary Action means the employee is informed of his/hertheir poor performance verbally by his/hertheir Department Director. The employee shall have no right to prior notice and no right of appeal. Some oral reprimands may be followed up with a written documentation memorializing the oral reprimand.
2. Written Reprimand: Written reprimand as a Disciplinary Action means an official notification of the employee that there is cause for dissatisfaction with his/hertheir services and that further disciplinary measures may be taken if said cause is not corrected. Official reprimand shall be given in the manner and on forms prescribed by the Personnel Officer. Reprimand notices shall be made a part of the employee’s official personnel record and may be considered as pertinent evidence or information in any appeal hearing. The employee shall have no right to prior notice and no right of appeal.
3. Suspension Without Pay For Less Than Five (5) Working Days:
Suspension without pay shall be a temporary separation from City service.
Prior to the imposition of the suspension without pay, employees shall be provided with a Notice of Disciplinary Action which sets forth the effective date and specific reasons for the suspension without pay. The Notice of Disciplinary Action shall also include copies of all written materials supporting the suspension without pay. The employee’s right of appeal is limited to the Complaint Procedure in Section 13.4.
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4. Reduction In Pay: Reduction for a time period equivalent to less than a five (5) working day suspension. Reduction in step within range as a disciplinary measure is the withdrawal of increments granted for merit, efficiency and length of service. The maximum reduction in pay that may be given for any one Disciplinary Action shall be two (2) steps within the range for that Class. Reduction in pay shall become effective on the first of the month following the effective date of the Disciplinary Action. Prior to the imposition of the reduction in pay, employees shall be provided with a Notice of Disciplinary Action which sets forth the effective date and specific reasons for the reduction in pay. The Notice of Disciplinary Action shall also include copies of all written materials supporting the reduction in pay. The employee’s right of appeal is limited to the Complaint Procedure in Section 13.4.
B. Serious Disciplinary Actions: Serious Disciplinary Actions require due process as set forth in Rule 12.4. Serious Disciplinary Actions include the following:
1. Reduction in range equivalent to a five (5) or more working day suspension without pay.
2. Suspension without pay for five (5) or more working days, but not more than thirty (30) working days. Suspension without pay shall be a temporary separation from City service.
3. Demotion without consent as Disciplinary Action, shall be a reduction in classification or rank, with reduction in salary.
4. Dismissal means the discharge of an employee from the City service on the initiative of the City Manager. Such termination of employment shall be permanent.
SEC. 12.4 PROCEDURES FOR SERIOUS DISCIPLINARY ACTIONS
A. Notice of Proposed Disciplinary Action: In instances of serious Disciplinary Actions as defined in Section 12.3.B, employees shall receive a written notice of proposed Disciplinary Action.
1. The notice of proposed Disciplinary Action shall state the proposed Disciplinary Action and the effective date and specific reasons for the proposed Disciplinary Action.
2. The notice of proposed Disciplinary Action shall include copies of all written materials supporting the proposed action.
3. The notice of proposed Disciplinary Action shall inform the employee of his/hertheir right to respond, either orally or in writing, to the Department Director or City Manager, as appropriate, within five (5) working days of the date of the notice of proposed Disciplinary Action if it was personally delivered, or within seven (7) working days of the date of the notice of 151 of 247
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proposed Disciplinary Action if it was delivered by United States mail or by overnight mail. If the employee requests to respond orally to the notice of the proposed Disciplinary Action, the Department Director or City Manager, as appropriate, shall schedule a meeting as soon as possible.
B. Notice of Decision: After review of the employee’s timely written response, if any, or following the conclusion of the meeting, the Department Director or City Manager, as appropriate, shall issue and deliver to the employee a Notice of Decision which shall be a written statement of the decision to uphold, modify, or reject the proposed Disciplinary Action. Such action to be taken may not include discipline more severe than that described in the notice of proposed Disciplinary Action. The Notice of Decision shall be served within seven fourteen (147) working days after the receipt of the written response or the conclusion of the meeting, whichever is later.
C. Disciplinary Appeal Hearing:
1. Right to a Disciplinary Appeal Hearing: Any employee who has received a Notice of Decision imposing serious Disciplinary Action shall be entitled to request an evidentiary appeal of the imposition of discipline.
2. Requesting a Disciplinary Appeal: An employee wishing to appeal the imposition of a serious Disciplinary Action shall initiate the appeal by filing a written request with the City Manager within five (5) working days of the date of the Notice of Discipline if it was personally delivered, or within seven (7) working days of the date of the notice of imposition of discipline if it was delivered by United States mail or overnight mail. The request shall be addressed to the City Manager, and shall identify the subject matter of the appeal, the grounds for the appeal, and the relief desired by the employee. All disciplinary appeal hearings shall be conducted in private unless the employee requests a public hearing.
3. Designation of Hearing Officer:
a. When a person other than the City Manager imposes the Disciplinary Action, the City Manager may choose to act as the Hearing Officer and conduct the hearing himself/herself and make the final decision; or
b. When a person other than the City Manager imposes the Disciplinary Action, the City Manager may refer the hearing to an outside Hearing Officer, who will be selected by a method mutually agreed to by the employee and City Manager, to conduct the hearing and provide advisory findings and recommendations before the City Manager makes the final decision; or
c.b. The City Manager may refer the hearing to an outside Hearing Officer who will be selected by a method mutually agreed to by the employee and City Manager to conduct the hearing and make the 152 of 247
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final decision on the appeal. The City Manager shall delegate authority to a Hearing Officer in this manner whenever the City Manager imposed the Disciplinary Action under appeal or whenever the appealing employee demonstrates significant bias on the part of the City Manager that disqualifies him/her as a neutral reviewer of that appeal.
4. Scheduling the Disciplinary Appeal Hearing: The City Manager shall schedule the disciplinary appeal hearing within a reasonable time after the designation of a Hearing Officer, considering the availability of the Hearing Officer, the employee, and any witnesses.
5. Representation and Employee Appearance at Disciplinary Appeal Hearing: The employee is entitled to be represented by counsel or other representative at the disciplinary appeal hearing. However, an employee who requests a disciplinary appeal hearing must be present during the disciplinary appeals hearing. Failure to be present shall constitute a waiver of the employee’s right to an appeal. Waiver will not occur if the employee can demonstrate good cause for his/hertheir failure to be present within three (3) working days from the date the employee fails to appear.
D. Conduct of Disciplinary Appeal Hearings: The proceedings before the Hearing Officer shall be conducted as follows:
1. All parties shall have the following rights:
a. To call and examine witnesses;
b. To introduce exhibits;
c. To cross examine opposing witnesses on any matter relevant to the issue, even if the matter is not covered in the direct examination; d. To impeach any witness regardless of which party first called him/herthem to testify;
e. To rebut the evidence against them; and
f. To present oral and written arguments
2. The City shall have the burden of proof, and the burden shall be by the preponderance of the evidence.
3. The hearing shall not be conducted in accordance with the technical rules relating to evidence and witnesses, but shall be conducted in a manner most conducive to the determination of the truth. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make 153 of 247
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improper admission of such evidence over objection in a court of law. The Hearing Officer’s decision shall not be invalided by any informality in the proceedings.
4. Hearsay evidence may be used for the purpose of explaining any direct evidence but shall not be sufficient in and of itself to support a finding, unless it would be admissible over objections in civil actions.
5. The Hearing Officer shall not take testimony from one (1) party outside the presence of the other and shall not engage in ex parte communications with the parties.
6. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.
7. Irrelevant evidence and unduly repetitious evidence shall be excluded.
8. The Hearing Officer shall determine the relevancy, weight, and credibility of testimony and evidence.
9. The Hearing Officer shall have the power to exclude any witnesses and other persons not necessary to the proceedings.
E. Issuance of Decision: Within thirty (30) days after the close of the hearing, a written statement of decision, containing findings of fact and conclusions of law, shall be issued by the Hearing Officer. The Hearing Officer shall have the authority to affirm, revoke, or reduce the Disciplinary Action imposed against the employee. The Hearing Officer may not provide for discipline more stringent that than that imposed by the City. When the Hearing Officer presents an advisory opinion to the City Manager, the City Manager shall have an additional fifteen (15) days to consider the advisory opinion and any written objections to the advisory opinion filed by the parties before the City Manager must issue a final decision, which shall be final and binding on the parties. The parties shall have seven (7) days from the date the advisory opinion is issued to file written objections with the City Manager.
The Hearing Officer’s decision constitutes a final resolution of any Disciplinary Action and no further appeal shall be permitted within the City’s administrative process. A copy of the Hearing Officer’s decision shall be provided to the employee.
Notwithstanding the above, the Hearing Officer shall not have binding authority to add, modify, or subtract from the Personnel Rules, or any resolutions, ordinances, or policies adopted by the City. Further, the Hearing Officer shall not have the authority or power to render a binding decision that requires the City to expend additional funds, to hire additional personnel, to buy additional equipment or supplies, or to pay wages or benefits not specifically provided for in these Personnel Rules, or any resolutions, ordinances, or policies adopted by the City. 154 of 247
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The Hearing Officer shall not have the authority to require the City to perform any other action that would violate state or federal laws.
F. Judicial Review: An employee may seek judicial review of the final decision by the Hearing Officer in accordance with Section 1094.5 of the California Code of Civil Procedure by filing a petition for a writ of mandate. Section 1094.5 of the Code of Civil Procedure requires that the petition writ of mandate must be filed not later than the ninetieth (90th) day following the date on which the Hearing Officer’s decision becomes final.
SEC. 12.5 ADMINISTRATIVE LEAVE WITH PAY
An employee may be placed on an Administrative Leave with Pay to allow the City time to fully investigate the facts of an alleged violation, while the Disciplinary Action is in process, or when the Personnel Officer determines that it is in the best interests of the City. The employee must be reasonably available by telephone during his/her normal working hours and able to report to the City within sixty (60) minutes if directed to do so.
When an employee is placed on Administrative Leave with Pay during this investigation, he/she shall not discuss the alleged violation or the Disciplinary Action with anyone, except a representative of his/her choice. Failure to remain reasonably reachable by telephone or to report to the City within sixty (60) minutes of being directed to do so will be a separate and independent ground for Disciplinary Action, unless the employee has requested and received authorization to use vacation, sick, or other leave time for the time in question. Where applicable, the employee shall also be informed that communicating with others, except a representative of his/her choice, about a pending investigation constitutes insubordination and is a separate and independent ground for discipline. This section is not intended to prevent the employee from communicating with his/her legal counsel.
SEC. 12.6SEC. 12.5 TIME EXTENSIONS
Any time limitations or requirements as set forth under this Rule may be extended or changed by mutual written agreement of the parties.
SEC. 12.7SEC. 12.6 DELIVERY OF NOTICES
When notice is required under this Rule, the notice shall be given to the affected employee either by delivery of the notice to the employee in person; or if the employee is not available for personal delivery, by placing the notice in the United States mail, first Class, postage paid, and by Certified Mail, return receipt requested, in an envelope addressed to the employee’s last known home address. It shall be the responsibility of the employee to inform the City, in writing, of his/hertheir current home address and of any change in such address, and the information so provided shall constitute the employee’s “last known home address”. Such personal delivery or mailing shall be presumed to provide actual notice to the affected employee. 155 of 247
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RULE XIII. GRIEVANCE AND COMPLAINT PROCEDURE
SEC. 13.1 ESTABLISHMENT
These procedures are established in order to provide adequate opportunities for employees to bring forth their views relating to any unfair or improper aspect of their employment situation and to seek correction thereof. This Section 13.1 reflects a statement of intent and does not create any enforceable right beyond the procedures set forth in this Rule XIII.The grievance procedure will be used to resolve employee complaints regarding an alleged violation or interpretation of the City’s personnel ordinance, written personnel policies, or these Rules.
SEC. 13.2 SCOPE OF PROCEDURES
The procedures set forth in this Rule shall apply to all employee complaints and grievances, as defined herein, except where other methods have been specifically prescribed in the Personnel Ordinance and in these Rules, such as in the matters of dismissal, demotion and reduction. In addition to the items specifically excluded in section 13.3.C, complaints and grievances relating to employee performance evaluations are also excluded from this Rule.
SEC. 13.3 DEFINITIONS
A. Complaint: An allegation or charge that the complaining employee has suffered a wrong as a result of management action or inactionCity misinterpreting, or misapplying an obligation to the employee as memorialized in the City’s personnel ordinance, written personnel policies, or these Rules and that is not excluded from the scope of this grievance procedure. .
B. Complaint Procedure: The process by which a determination is made as to whether or not a wrong has been committedthe validity of the complaint.
Complaints may not be filed over matters for which there is a separate appeal, which are subject to the grievance procedure, or which are expressly excluded from the grievance procedure pursuant to Sections 13.3.C.1-76.
C. Grievance: An expressed claim by an employee that the City has violated, misinterpreted, or misapplied an obligation to the employee as such obligation is expressed and written in the Personnel Ordinance, a resolution, or these Rules.
Specifically excluded from the grievance procedures are the following:
1. Performance reports and evaluations and Performance Improvement Plans;
2. Deferred or denied merit salary increases;
3. All Lesser Disciplinary Actions;
4. Policy decisions of the City Council;
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5. Transfer to another Position in the same classification without a loss of pay;
5.6. Challenges to reclassification, layoff, and denial of reinstatement; and
6.7. Matters for which there is a separate appeal, including, but not limited to, Disciplinary Action.
D. Grievance Procedure: The process by which the validity of a grievance is determined.
SEC. 13.4 COMPLAINT PROCEDURE
A. Step 1: The employee shall discuss any complaint with his/hertheir Department Director within seven (7) days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the complaint. The Department Director is required to review every complaint and attempt to settle it as quickly and fairly as possible. The Department Director shall issue a written decision to the employee within ten (10) days from the date of his/hertheir meeting with the employee.
B. Step 2: If the action taken by his/hertheir Department Director is not satisfactory, the employee shall submit his/hertheir complaint in writing to the Human Resources Director within seven (7) days of receipt of the Department Director’s written decision. The Human Resources Director or designee shall meet and discuss the complaint with the employee within ten (10) days of his/hertheir receipt of the complaint. The Human Resources Director or designee shall have twenty (20) days from the date of his/hertheir meeting with the employee to issue a decision. The decision of the Human Resources Director or designee is final and binding and not subject to further appeal.
SEC. 13.5 GRIEVANCE PROCEDURE
A. Step 1: The employee shall inform, in writing, his/hertheir Department Director of his/hertheir grievance and relevant facts within seven (7) days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. At least one (1) conference shall be held between the employee and his/hertheir Department Director after the employee has expressed his/hertheir grievance. The Department Director shall advise the employee of his/hertheir decision in writing within fourteen (14) days following notification of the grievance.
B. Step 2: If the grievance is not satisfactorily resolved in Step 1, the grievant may, within seven (7) days of receipt of the Department Director’s decision, submit the grievance to the Human Resources Director for consideration by the City Manager. Such submittal shall include the original grievance form, a written statement of any issues which are still in dispute, the specific basis upon which the grievant takes issues with the Position of his/hertheir Department Director, the specific provision of the Personnel Ordinance, resolution, or Personnel Rules 157 of 247
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that the grievant asserts has been violated, and the remedy the grievant seeks.
The City Manager or his/hertheir designee shall take such review and investigative action as he/shethey deems necessary and inform the grievant of his/hertheir decision in writing within fourteen (14) days of receipt of the grievance. The decision of the City Manager or his/hertheir designee is final.
SEC. 13.6 GENERAL PROVISIONS
A. No retribution or adverse employment action shall be taken against employees because of their use of the grievance or complaint procedures.
B. All documents, communications, and records dealing with the processing of grievances and complaints shall be filed separately from personnel files.
C. Failure by the City at any step of this procedure to communicate the decision on the grievance or complaint within the specified time limits shall permit the grievant or complainant to proceed to the next step.
D. The grievant or complainant shall be present at all steps of the procedure.
E. Failure at any step of these procedures to appeal a decision on a grievance or complaint within specified time limits shall be deemed acceptance of the decision rendered by the employee.
F. The time limits specified at any step in this procedure may be extended by mutual written agreement of the City and grievant or complainant.
G. The original grievance or complaint shall accompany all requests for institution of the next step in the grievance or complaint procedure.
H. Communication with the grievant or complainant shall be processed by personal signed receipt of documents, or by certified mail, or registered mail.
RULE XIV. EMPLOYEE BENEFITS
SEC. 14.1 HEALTH BENEFITS
Accident, health, hospital, dental, and vision insurance to cover non-occupational injuries and sickness for probationary and Regular Full-Time Employees shall be provided by the City. The scope of coverage and the payment of premiums are subject to periodic review and revision by the City Council and shall be set by resolution of the City Council.
SEC. 14.2 RETIREMENT BENEFITS
The City has contracted with the California Public Employees’ Retirement System (CalPERS) to enroll all City employees who meet the terms for CalPERS membership under applicable law and terms of the City’s contract (“Members.”) Members shall receive CalPERS retirement benefits in accordance with the following two-tier system.
Except as specifically stated in Sections 14.2(A) and 14.2(B), below, the City shall pay 158 of 247
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for any increase in the employer rate and shall retain any savings from a decrease in the employer rate and any contribution credits (rebates) from CalPERS.
A. Classic Member - Tier I.
This Section 14.2(A) (including its subsections) shall apply to Members hired on or before December 31, 2012. In addition, this Section 14.2(A) (including its sub-sections) shall apply to Members who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity requirements.
1. 2% at 55 Pension Formula
The two percent (2%) at age fifty-five (55) retirement formula shall apply to Members covered by this Section 14.2(A).
2. Final Compensation Based on Highest Twelve Month Period For purposes of determining a retirement benefit, final compensation for Members covered by this Section 14.2(A) shall mean the highest twelve consecutive month period as set forth in the City’s contract with CalPERS.
3. City Payment of Required Member Contribution
The City shall pay the full seven percent (7%) required Member contribution.
B. PEPRA Member - Tier II.
This Section 14.2(B) (including its subsections) shall apply to Members hired on or after January 1, 2013 who do not qualify for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity requirements.
1. 2% at 62 Pension Formula
a. The two percent (2%) at age sixty-two (62) retirement formula shall apply to Members covered by this Section 14.2(B).
2. Final Compensation Based on Highest 36-Month Average a. For the purposes of determining a retirement benefit, final compensation for Members covered by this Section 14.2(B) shall mean the highest average pensionable compensation earned during 36 consecutive months of service, as set forth in Government Code Section 7522.32(a).
3. Required Member Contribution
a. As required by Government Code Section 7522.04(g), Members covered by this Section 14.2(B) shall pay, through payroll deductions, fifty percent (50.0%) of normal costs.
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b. In the event that fifty percent (50.0%) of normal costs is less than seven percent (7.0%) percent, each Member covered by this Section 14.2(B) shall pay, through payroll deductions, the 50.0% of normal costs and an additional percentage of PERSable
compensation up to a maximum of 7.0% towards the City’s normal cost of pension benefits as permitted by Government Code Section 205616.
SEC. 14.3 DEFERRED COMPENSATION PLAN
Upon successful completion of the Probationary PeriodUpon completion of the first year of employment, Full-Time Employees shall be enrolled in the City’s deferred compensation plan.
A. Full-time Employees hired before January 1, 2012 are entitled to a contribution from the City equal to six (6) percent of base compensation after one year of employment.
B. Employees hired on or after January 1, 2012 may choose to contribute to a deferred compensation plan with no entitlement to contribution from the City.
B. Department Directors: At the discretion of the City Manager, and to the extent permitted by law, Department Directors hired on or after January 1, 2012Department Directors may be granted entitlement to a contribution to the City's deferred compensation plan. The City Manager shall specify applicable terms in writing at the time of hire.
SEC. 14.4 HOUSING ALLOWANCE
Beginning July 1, 2025, all regular full-time employees will receive a monthly $750 housing allowance.
SEC. 14.5 VEHICLE ALLOWANCE FOR DEPARTMENT HEADS (DIRECTORS) C. Beginning July 1, 2026, Department Directors will receive a monthly $400 vehicle allowance.
RULE XV. EDUCATIONAL ASSISTANCE AND CERTIFICATION PAY
SEC. 15.1 EDUCATIONAL ASSISTANCE FOR TRAINING AND
ADVANCEMENT
A. The responsibility for developing training programs for employees is with the Human Resources Director and Department Directors, jointly. When a training course to be taken by an employee will benefit the City, the City Manager may authorize payment by the City of tuition charges and books. Employees may be required to submit proof of satisfactory completion of coursework to the Human Resources Director as a condition of reimbursement.
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B. Non-exempt employees shall be compensated for travel time, attendance at training or meetings, and other similar time where required under applicable state and federal wage and hour laws.
C. Employees who separate from City employment voluntarily, shall be required to repay the City for reimbursements received under Section 15.1.A., according to the following schedule:
SEPARATION DATE PERCENTAGE OF REIMBURSEMENT
TO BE REPAID
0-6 months after reimbursement 100%
6-12 months after reimbursement 75%
12-18 months after reimbursement 50%
18-24 months after reimbursement 25%
SEC. 15.2 LICENSES AND CERTIFICATION ASSISTANCE
A. In cases of enrollment for Operator-in-Training, or any other certification which is a condition of employment, the City shall pay application fees in advance.
B. The cost of licensing fees, renewal fees, and test fees for all levels of certification are reimbursable, upon the City’s receipt of the certification or license. To obtain reimbursement after successful completion of the test/renewal/license process, the employee is responsible for submitting proof of payment for test fees, renewal fees, and license fees, along with proof of the certification or license, to the City Manager. In unusual circumstances, the City Manager may authorize the payment of the test/renewal/license fees in advance.
SEC. 15.3 SWRCB OPERATOR CERTIFICATION PAY
A. Employees in Positions in the Maintenance & Utility Fieldworker Classification who possess or obtain, and maintain continual eligibility for, certification by the State Water Resources Control Board that is not a Minimum Qualification for the Position shall be entitled to certification pay, as follows:
1. Water Distribution I Certificate $100.00 per month
2. Water or Wastewater Level II Certificate $100.00 per month
3. Water Distribution II Certificate $100.00 per month
4. Water Distribution III Certificate $100.00 per month
5. Other Higher Level Certificate $100.00 per month
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B. An eligible employee will receive certificate pay starting with the first full pay period following receipt of notice by Human Resources that the employee passed the required examination for that certificate.
SEC. 15.4 BILINGUAL PAY
A. All full-time and part-time employees who are certified as bilingual by the City in accordance with these provisions and who are designated in writing by the Personnel Officer to provide bilingual services in the performance of their regular duties will receive an additional $50.00 per pay period, unless or until the Personnel Officer rescinds the designation in writing.
1. The City will offer certification for bilingual pay for oral fluency in the Spanish language only.
2. The written designation issued by the Personnel Officer will provide details regarding the certification process, including the date, time, and location for administration of the bilingual examination.
3. The bilingual examination will be scored on a pass/fail basis. Examination scores are final and non-appealable.
4. Employees who do not earn a passing score can re-take the examination one time, for a maximum of two times per calendar year. Employees who pass the examination will be certified as bilingual by the City.
5. Employees who are certified as bilingual by the City are not required to retake the examination to maintain eligibility for bilingual pay.
6. The Personnel Officer retains sole discretion to determine whether to limit the number of positions in which employees may receive bilingual pay.
7. An eligible employee will receive bilingual pay starting with the first full pay period following receipt of notice by Human Resources that the employee passed the examination.
SEC. 15.5 NOTARY PAY
A. Full-time employees in the City’s Administration or Planning Department who possess or obtain a commission as a notary public in the State of California and are authorized by the Personnel Officer in writing to act as a notary public for official City business in connection with their regular duties will receive an additional $50.00 per pay period.
1. Eligible employees will receive notary pay starting with the first full pay period following submission of a copy of his/hertheir State of California commission certificate to Human Resources.
2. Notary pay will continue unless and until the Personnel Officer rescinds the employee’s eligibility in writing.
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3. Eligible employees are responsible for ensuring their continued eligibility for notary pay, including but not limited to, completing all necessary steps to obtain timely reappointment prior to expiration of their commission and providing a copy of the new commission certificate to Human Resources.
4. Employees who intend to resign their commission must notify Human Resources in writing prior to the start of the next pay period and include a copy of the rescission letter to be sent to the California Secretary of State.
SEC. 15.6 EDUCATION INCENTIVE PAY FOR POST-SECONDARY DEGREE,
CERTIFIED PUBLIC ACCOUNTANT DESIGNATION, CERTIFIED
PUBLIC FINANCE OFFICER, OR PROFESSIONAL ENGINEER
LICENSE
A. All full-time employees are eligible for premium pay equal to a maximum of 5% of monthly compensation for no more than one of the following reasons:
1. Education Incentive Pay: The employee possesses or obtains a Bachelor of Arts degree, a Bachelor of Science degree, a Masters’ degree, or other advanced degree. The degree must be reasonably related to, but not required for, his/hertheir job classification, and must be issued by an accredited institution.
2. Certified Public Accountant or Certified Public Finance Officer Certification Pay: The employee holds a position in the City’s Finance Department and possesses or obtains a current California license as a Certified Public Accountant or Certified Public Finance Officer.
3. Professional Engineer License Pay: The employee holds a position in the City’s Public Works–Engineering Department and possesses or obtains a current California Professional Engineer License.
B. Eligible employees will receive premium pay under this Section 15.6 starting with the first full pay period following submission of a copy of the degree or license to Human Resources.
C. With the exception of Education Incentive Pay, eligible employees are responsible for ensuring their continued eligibility for premium pay under this Section 15.6, including but not limited to, completing all necessary steps to obtain timely renewal of their licenses prior to expiration and providing a copy of the renewed license to Human Resources.
SEC. 15.7 CMC PAY
A. Full-time employees holding a position in the City Clerk classification who hold, or obtain, a Certified Municipal Clerk (“CMC”) designation and certificate from the International Institute of Municipal Clerks (“IIMC”) will receive an additional $100 per pay period.
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1. Eligible employees will receive CMC pay starting with the first full pay period following submission of a copy of the CMC certificate to the City Manager.
2. CMC pay will continue unless and until the City Manager rescinds the employee’s eligibility in writing.
B. If the CMC Recertification Program is reinstituted by the IIMC, employees will be responsible for ensuring that all necessary steps are completed to obtain timely recertification prior to expiration and providing proof of recertification to the City Manager.
SEC. 15.8 AMERICAN INSTITUTE OF CERTIFIED PLANNERS PAY
A. Full-time employees holding a position in or related to a Planning Classification who hold, or obtain an American Institute of Certified Planner (“AICP”) designation and certificate from AICP will receive an additional $100 per pay period.
1. Eligible employees will receive AICP pay starting with the first full pay period following submission of a copy of the AICP certificate to the City Manager.
2. AICP pay will continue unless and until the City Manager rescinds the employee’s eligibility in writing.
B. Employees will be responsible for ensuring that all necessary steps are completed to obtain annual continuing education credit to maintain the AICP designation and providing proof of recertification to the City Manager.
B.
RULE XVI. CITY-PROVIDED ATTIRE AND EQUIPMENT
SEC. 16.1 CLOTHING
A. In general. The City shall either provide clothing items that employees are required to wear to meet Department needs or shall bear the cost of required clothing items.
B. Dress for field employees.
1. The required clothing shall consist of collared or t-shirt-type shirts and jeans. Field employees shall be responsible for purchasing pants or other apparel that is generally usable in their occupations.
2. The City will provide required items of clothing or an allowance to field employees, as follows:
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a. Up to ten (10) shirts will be provided to each employee per fiscal year.
b. Employees will be reimbursed for purchase of up to five (5) pairs of jeans per fiscal year, up to a maximum amount of $5300 per fiscal year.
3. Field employees are responsible for the proper cleaning and maintenance of their clothing items.
SEC. 16.2 EQUIPMENT
A. The City shall provide employees with the essential equipment to perform the duties of their Positions, as determined in the discretion of the Department Director.
B. Employees are responsible for requesting training on equipment that they are unfamiliar with prior to using such equipment. Also, employees are responsible for the proper operation and maintenance of all equipment.
SEC. 16.3 SAFETY EQUIPMENT AND PROTECTIVE CLOTHING
A. All field employees will be required to wear approved safety shoes and other safety equipment and protective clothing. Field employees who fail or refuse to wear such safety and protective items as appropriate will be subject to Disciplinary Action under Rule XII. If any employee is unable to wear one or more safety or protective items due to protected characteristics, the Personnel Officer may grant exceptions to this Rule where required by law, and to the extent such exception is available as a reasonable accommodation.
B. The City will provide one of each of the following safety equipment and protective clothing items to each field employee:
1. Hard hats
2. Pair of ear plugs
3. Safety goggles
4. Non-prescription safety glasses
5. Safety vests
6. High visibility raincoats
C. Approved Safety Shoes:
1. The City requires that the approved safety shoes include both a steel toe and steel shank construction and meet the requirements of the American National Steel Institute (ANSI Z41.1). The shoes must be low quarter, three quarter or full boot.
2. Employees must choose their own approved safety shoes meeting the above requirements. After obtaining approval from the Public Works Director, the employee will purchase a safety shoe which is approved by 165 of 247
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OSHA from a vendor pre-selected by the Public Works Director. After purchase of the approved safety shoes, the employee will present a receipt of purchase to his/hertheir Department Director for reimbursement.
The maximum amount of reimbursement will be two threefour hundred dollars ($24300.00), per fiscal year. Reimbursement will be made to the employee within ten (10) days after presentation of the receipt to the Public Works Director.
RULE XVII. DRESS CODE
SEC. 17.1 GENERAL POLICY
A. The City is a professional organization, and customers, suppliers, and the general public (collectively “customers”) frequently form their initial impressions of professional credibility based solely on employee appearance. Therefore, all employees must present a professional appearance by wearing attire appropriate to their job classifications and must promote a positive image to customers.
B. This Rule is intended to provide standards on dress and appearance and is not meant to address all situations. There may be differences in some Departments’ standards depending on the nature of the work environment, nature of work performed, involvement with the public, required attire under Rule XVI, or other circumstances identified by the Department Director. The standards in this Rule apply when the employee has officially reported to work. Department Directors shall be responsible for enforcement of this Rule and related Department Policies among their employees.
SEC. 17.2 GENERAL GUIDELINES FOR ATTIRE AND FOOTWEAR
A. Business Casual. Employees are required to dress each day in business casual dress. Business casual wear is a style of dress which projects a professional, business-like image while still permitting employees to wear more casual and relaxed clothing. Business casual does not include athletic wear, leisure wear, or beach wear. Clothing and footwear should be clean and in good repair. It may not be faded, torn, frayed, or revealing.
B. Professional Business Attire. Employees should always consider each day’s activities when determining what to wear. If an employee is representing the City at a meeting (including City Council and Planning Commission meetings), professional business attire should be worn.
SEC. 17.3 LIMITED EXCEPTIONS
A. Department Directors may exercise their discretion regarding appropriate attire in light of weather conditions or requirements of special projects or assignments for employees in their departments.
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B. The City Manager may designate special casual days during which the dress code may be relaxed. Criteria for such casual days will be announced in advance.
SEC. 17.4 TATTOOS AND JEWELRY
A. All tattoos must be covered.
B. Facial piercing jewelry, including, but not limited to that displayed via nose piercing, tongue piercing, eyebrow piercing, lip piercing, or any other facial piercing, is prohibited.
C. Employees may wear up to two (2) earrings in each earlobe.
D. All other jewelry must be appropriate, not detract from a professional appearance, and not constitute a potential safety hazard for the employee or others due to its characteristics or the manner in which it is worn. Such a determination shall rest in the discretion of the Department Director.
SEC. 17.5 GROOMING
A. All employees must maintain a clean, presentable appearance.
B. When used, perfumes, colognes, after shaves, and scented lotions shall be applied in moderation.
C. Beards, sideburns, and moustaches must be neatly groomed. Hair must be properly restrained as required for its length and the nature of the assignment.
Hair coloring shall be within the range of natural hair colors.
SEC. 17.6 VIOLATIONS
A. Should an employee wear inappropriate attire or footwear to work, the employee shall be asked to leave the workplace and promptly return after changing into appropriate attire and footwear. Non-exempt employees may deduct the missed time from their available paid leave, or in the absence of leave, shall be required to take the missing time as leave without pay. Failure by any employee to return to work promptly may be grounds for discipline, pursuant to Rule XII.
B. Repeated violations of this Rule may be grounds for discipline, pursuant to Rule XII.
SEC. 17.7 ACCOMMODATION OF PROTECTED CHARACTERISTICS
A. The Personnel Officer may grant exceptions to this Rule as required by law, and to the extent available as a reasonable accommodation to accommodate an employee’s protected characteristic(s).
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RULE XVIII. POLICY AGAINST WORKPLACE VIOLENCE
SEC. 18.1 OBJECTIVES
The City is strongly committed to ensuring the safety of all employees. The City established a Workplace Violence Prevention Plan which may be accessed by visiting the front desk. Incident report forms are located at the following link (https://ess.tylerincode.com/buelltonca/ControlPanel/Documents) on the City’s internal employee portal.
Consistent with this policy, acts or threats of violence, including intimidation, harassment, and/or coercion which involve or affect employees will not be tolerated, and will be subject to appropriate Disciplinary Action pursuant to Rule XII, up to and including termination. The following are the objectives of the City:
A. To ensure that all workplace threats and violent behavior are addressed promptly.
B. To ensure that the level of physical and facility security in City workplaces is sufficient to protect the health and safety of employees.
C. To ensure that all employees are appropriately trained in workplace security, diffusing hostile situations, and steps to take during an emergency incident.
D. To ensure that all Disciplinary Action taken for behavior prohibited under this Rule is reviewed, evaluated, and administered consistently and equitably throughout the City, and done so in a timely manner.
SEC. 18.2 THREATS OR ACTS OF VIOLENCE DEFINED
A credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for his/her safety, or the safety of his/her immediate family, and that serves no legitimate purpose. General examples of prohibited workplace violence include, but are not limited to the following:
A. Threatening to harm or harming an individual or his/her family, friends, associates, or their property.
B. Fighting or challenging another individual to a fight.
C. Intimidation through direct or veiled verbal threats, or through physical threats, such as obscene gestures, grabbing, and pushing.
D. Making harassing or threatening telephone calls; sending harassing or threatening letters, emails, text messages, or other correspondence.
E. Intimidating or attempting to coerce an employee to do wrongful acts that would affect the business interests of the City.
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to the individual and causes the individual to fear for his/her safety, or the safety of his/her immediate family, as defined in Civil Code section 1708.7.
G. Making a suggestion or otherwise intimating that an act to injure persons or property is appropriate behavior.
H. Possession of firearms (loaded or unloaded), weapons, or any other dangerous devices on City property. This includes “look-alike” weapons, such as toy guns.
Weapons and dangerous devices may include, but are not limited to the following:
blackjacks, slingshots, metal knuckles, explosive substances, dirks, daggers, gas- or spring-operated guns, knives having a blade longer than three and one-half (3½) inches, folding knives having a blade that locks into place, razor blades, and clubs.
I. Use of a personal or City-issued tool or other equipment in a threatening manner toward another.
SEC. 18.3 REPORTING WORKPLACE VIOLENCE
Any employee who is the victim of a threat or act of violence, or any employee who witnesses such conduct, should immediately report the incident to his/her Department Director or other appropriate person in the chain of command. Should the employee perceive that he/she is in immediate danger of a violent act, or has just been victimized by a violent act, or is a witness of a violent act or imminent violent act, he/she shall whenever possible:
A. Place themselves in a safe location.
B. If appropriate, call the Police Department or 911 and request immediate response of a police officer and be prepared to inform the police dispatcher of the circumstances and the exact location of where an officer is needed.
C. Inform the Human Resources Director or the City Manager of the circumstances.
D. Complete a written report as soon as possible and submit the original copy to the Human Resources Director.
E. Cooperate fully in any administrative or criminal investigation, which shall be conducted within existing policy and laws.
SEC. 18.4 REPORTING POTENTIAL FUTURE WORKPLACE VIOLENCE Employees who have reason to believe they or any employee may be the subject of a violent act in the workplace or as a result of their City employment, must immediately notify the Human Resources Director or the City Manager.
The City will provide reasonable accommodation for the safety of an employee at work in accordance with Section 230(f) of the Labor Code.
SEC. 18.5 VIOLATION OF RULE
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The City’s prohibition against threats and acts of violence applies to all persons in the City operation, including but not limited to City personnel, contract and temporary workers, customers, and anyone else on City property. Violations of this Rule by any individual may be followed by legal action as appropriate, which may include, but is not limited to, seeking a temporary restraining order and/or injunction on behalf of employees if the situation warrants such action. In additional to appropriate legal action, violations of this Rule by employees, including making a false report under this Rule, may lead to appropriate Disciplinary Action pursuant to Rule XII, up to and including termination.
RULE XIX. PERSONNEL FILES AND RECORDS
SEC. 19.1 IN GENERAL
The City maintains a personnel file on each employee. in the service of the City showing the name, position held, assigned department, salary, changes in employment status, and any other information deemed pertinent by the Human Resources Director or required by law. An employee’s personnel file will contain only material that the City determines is necessary and relevant to the administration of the City’s personnel program. Personnel files are confidential, and unless otherwise required by law, access will be limited to authorized representatives of the City and current or former employees.
Personnel files are the property of the City. Upon request, the City will release personnel information about current or former employees only to the extent required by law. The City will not disclose personnel information if it believes doing so would be an unwarranted invasion of personal privacy Personnel files are the property of the City, and access to the information they contain is restricted, subject to, and in accordance with, this Policy.
A. Inspection of a Current or Former Employee's Personnel File:
1. A current or former employee wishing to inspect his/hertheir personnel file must submit a written request to the Human Resources Director, along with reasonable proof of identity. A current or former employee who seeks to authorize another person to inspect copies of his or her personnel file must provide a satisfactory written authorization for inclusion with the written request along with proof of identity.
2. The City shall issue a written notice setting a date for inspection of the personnel file within thirty calendar days of receipt of the request, to take place during normal business hours. With the requesting person's written consent, the date for inspection may be extended on one occasion by up to five calendar days. If the requesting person is a former employee who was terminated for violation of City policy or law involving harassment or workplace violence, the City shall have discretion to mail a copy of the personnel file at the City’s expense instead of scheduling an in-person inspection.
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personnel file at City Hall without loss of compensation. Inspection by former employees and authorized representatives shall take place at the Human Resources Director’s office, unless otherwise mutually agreed in writing by the City, and may require additional reasonable proof of identity.
4. A designated City employee must be present throughout the inspection.
No personnel files nor contents of personnel files shall be removed from the place of inspection without advance written authorization from the Human Resources Director.
B. Obtaining Copies of a Current or Former Employee's Personnel File:
1. A current or former employee wishing to obtain copies of documents or other materials in his/hertheir personnel file in person or by mail must submit a written request to the Human Resources Director along with reasonable proof of identity. A current or former employee who seeks to authorize another person to obtain copies of his/hertheir personnel file must provide a satisfactory written authorization for inclusion with the written request. Reasonable proof of identity may be required at the time of in-person pick up of requested documents.
2. The City shall issue a written notice setting a date on which the requested copies may be picked up in person during normal business hours and identifying the cost of reproduction that must be paid to the City at the time of pick up. The date for in-person pick up of the documents shall be no more than thirty calendar days after receipt of the request by the City.
With the requesting person's written consent, that date may be extended on one occasion by up to five calendar days. If the requesting person is a former employee who was terminated for violation of City policy or law involving harassment or workplace violence, the City shall have discretion to mail a copy of the personnel file at the expense of the City instead of scheduling an in-person pick up.
3. If the requesting person chooses delivery by mail instead of in-person pick up, the notice provided by the City under Section 19.B.2. shall also identify the additional actual postage expenses for which the requesting person must reimburse the City prior to receipt of the copies.
C. Limits on Frequency of Exercise of Rights to Inspect or Receive Copies of Personnel Files:
1. Current employees shall be entitled to exercise rights under this policy to inspect and obtain copies of personnel records at reasonable intervals upon reasonable notice in accordance with this policy.
2. Former employees shall be entitled to exercise rights under this policy to inspect or receive copies of their personnel records once per year. 171 of 247
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3. The City shall comply with a maximum of 50 requests per month filed under this policy by one or more representatives of current Employees.
D. Contact Information
Each employee is responsible for keeping his/hertheir file up to date by notifying the Personnel Officer of any changes, within five calendar days of change, to relevant personal information, including, but not limited to change of address, contact information, emergency contact information, and number and names of dependents for health benefit maintenance.
E. Medical Information
D. All medical information maintained about an employee or applicant is kept separately from their general personnel file and is treated as confidential in accordance with applicable state and/or federal law. The City will not request or obtain medical information about an employee or applicant except in compliance with the California Confidentiality of Medical Information Act. To enable the City to obtain certain medical information, the employee or applicant may be requested to sign an authorization that complies with the requirements of the Confidentiality of Medical Information Act.
RULE XX. WHISTLE BLOWING POLICY
SEC. 20.1 DEFINITION OF “WHISTLE BLOWING”
A. For purposes of this provisionRule, "whistle blowing" consists of disclosure of information that the employee reasonably believes constitutes a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee's job duties, when that disclosure is made to one or more of the following:
1. A government or law enforcement agency;
2. A person with authority over the employee;
3. Another employee who has authority to investigate, discover, or correct the violation or noncompliance; or
4. Any public body conducting an investigation, hearing, or inquiry, including, but not limited to, information given as testimony.
SEC. 20.2 SCOPE OF POLICY
A. The City encourages employee complaints, reports or inquiries about practices believed to be unlawful or constitute serious violation of the City policies, including illegal or improper conduct by the City itself, by its leadership, or by others on its behalf. Other subjects for which the City has existing complaint procedures shall be addressed under those other procedures. This 172 of 247
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policy is not intended to provide a means of appeal from outcomes in those other procedures.
SEC. 20.3 PROCEDURE
A. Complaints, reports or inquiries may be made under this policy on a confidential or anonymous basis. They should describe in detail the specific facts demonstrating the bases for the complaints, reports or inquiries. They may be directed to the Personnel Officer or City Manager, or to the City Attorney if involving the Personnel Officer or City Manager. The City will conduct a prompt, discreet, and objective review or investigation in response. However, Employees must recognize that the City may be unable to fully evaluate or address a report or inquiry that is made anonymously or made in a vague or general manner.
SEC. 20.4 PROTECTION FROM RETALIATION BECAUSE OF GOOD FAITH COMPLAINTS, REPORTS, OR INQUIRIES:
A. The City prohibits retaliation by or on behalf of the City against Employees for making good faith complaints, reports or inquiries under this policy or by participating in a review or investigation under this policy. Any Employee who makes a complaint using this procedure or otherwise engages in "whistleblowing" is protected against adverse employment actions (discharge, demotion, suspension, harassment, or other forms of discrimination) taken by the City or any person acting on behalf of the City. This protection extends to those whose allegations are made in good faith but prove to be mistaken or unsubstantiated.
Employees who participate or assist in an investigation will also be protected.
Every reasonable effort will be made to protect the anonymity of the "whistleblowing" employee however, there may be situations where it cannot be guaranteed.
B. The City reserves the right to discipline persons who make bad faith, knowingly false, or vexatious complaints, reports or inquiries or who otherwise abuse this policy.
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RULE XXI. DISASTER AND EMERGENCY RESPONSE PROCEDURES
SEC. 21.1 EMPLOYEES DESIGNATED AS DISASTER WORKERS
Preserving lives and protecting health, safety, and property from the effects of natural, man-made, or war-caused emergencies/disasters is paramount to the City.
When an emergency/disaster strikes, the community looks to City employees for leadership and assistance in mitigating its effects. City employees are vital to ensuring that the community recovers as quickly as possible and all City employees must be available to assist in responding to disasters/emergencies, regardless of the position they hold. As such, all City employees are declared to be disaster service workers pursuant to section 3, article xx of the California constitution and government code sections 3100 et seq.
SEC. 21.2 DECLARATION OF DISASTER OR EMERGENCY
In the event of a declared local, regional, state, or national emergency/disaster, all employees must report for work in accordance with these Rules and their department’s emergency preparedness plans. Emergency duties may vary from the employee’s normal duties. Employees must follow all lawfully given directions of any supervisor, Department Director, or the City Manager. During an emergency/disaster, all or part of these Rules, and any other City policy or procedure may be expressly waived by action of the City Manager.
SEC. 21.3 EMPLOYEE DISASTER RESPONSIBILITIES
A. Off-Duty Procedures
1. Employees with Pre-Designated Emergency Roles
After ensuring that their families are safe and that any short-term arrangements have been made for their families' security, employees who have pre-designated emergency/disaster roles must respond according to all established procedures.
2. Employees without Pre-Designated Roles
a. Communication Systems Not Functioning
If telephones or other communication devices are not functioning during the disaster/emergency, employees who do not have pre-designated emergency/disaster roles should gather information from radio and television broadcasts and must comply with any instructions given to City employees during such broadcasts, unless the employee cannot physically report as instructed.
If no instructions are given, and the employee can physically report to work after ensuring the safety and security of their family, the employee must report to their normal work location at their normally scheduled time.
b. Communication Systems Are Functioning
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If telephones or other communication devices are working during the disaster/emergency, employees shall make every effort to contact their immediate supervisor as soon as possible for instructions. Unless otherwise instructed, employees who can physically report to work after ensuring the safety and security of their family must report to their normal work location at their normally scheduled time.
B. Employees Physically Unable to Report to Work
In the event that an employee is unable to return to work because road and transit conditions prevent travel by automobile, public transit, or other conveyance, they may elect to become a disaster service worker in the municipality where they reside. Any employee who cannot return to work and elects to serve as a disaster worker for another municipality must contact that municipality’s personnel department for instruction and to obtain written documentation of their assignment. The employee must notify their immediate supervisor that they will be working in the other municipality.
Employees who are physically unable to return to work because of an injury to themselves or a family member must notify their supervisor as soon as practicable after taking reasonable steps to obtain medical treatment.
1. Compensation for Work Performed at another Municipal Location Employees who perform emergency/disaster work at another municipality will be entitled to receive compensation from the City. To be eligible for such compensation, the employee must provide written proof from the other municipality of the amount of time the employee worked there. This information should be logged on the employee’s timesheet and submitted through the normal payroll process.
Alternatively, the employee may receive compensation upon written proof from the other municipality that the employee offered their services, but the other municipality rejected their assistance.
2. Returning to Work After Disaster/Emergency
Employees must communicate with their supervisor as soon and as frequently as possible during a disaster/emergency. Employees must return to performing their normal and/or emergency/disaster duties for the City as soon as travel to work, by any reasonable means, becomes possible.
C. On-Duty Procedures
If a disaster/emergency occurs during normal working hours, employees must immediately follow the policy and procedures established by the City and comply with any lawful orders given by the employee’s supervisor.
1. Remain On Duty
All employees are expected to remain on duty at their normal work location or at a disaster location when directed, unless dismissed by a supervisor, Department 175 of 247
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Director, or the City Manager. Every attempt will be made to assist employees in communicating with their families while they remain on duty.
2. Ongoing Disasters
During disasters/emergencies that extend beyond the normal workday, employees must follow the direction and orders issued by a supervisor, Department Director, or the City Manager.
D. Timekeeping Requirements
During a disaster/emergency, employees are required to record their time daily. All employees must use special timekeeping forms and record all of the following information:
• The kind of disaster work performed;
• The number of hours worked; and
• The location where work was performed.
E. Disaster Duties
Employees shall perform their emergency/disaster duties as designated in the City’s Emergency Management Plan and any additional duties assigned by a supervisor, Department Director, or the City Manager. Employees may be required to perform duties outside their normal job description during a disaster/emergency.
F. Failure to Report to Work During a Disaster
An employee who fails to report to work as a disaster/emergency worker for the City or at another municipality will be deemed to have taken unpaid leave for any day they did not so report. If the employee submits documentation justifying their failure to report, they may use accrued paid leave to receive compensation for any day they did not report to work as a disaster/emergency worker.
B.
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CITY OF BUELLTON
ACKNOWLEDGEMENT OF RECEIPT OF PERSONNEL RULES
I acknowledge that I have received my copy of the City of Buellton Personnel Rules. I recognize that the Personnel Rules supersede any related Personnel Rules, policy statements, manuals, and/or administrative policies previously issued by the City of Buellton. I will read and abide by all Personnel Rules and regulations set forth in the Personnel Rules.
I understand that these Personnel Rules do not create a vested contractual right in the execution of the duties and responsibilities relating to these Personnel Rules.
Print Name Signature
Date
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City of Buellton
Cyber Security Policy
Introduction
There exists a significant risk of security breaches, scams, and loss of data which can have a detrimental impact on an organization’s technology and communication infrastructure, as well as its reputation. As a result, the City of Buellton (“City”) has created this cyber security policy (“Policy”) to help outline the security measures put in place to ensure information, both internal and customer-specificthe City’s data and infrastructure, is is protected.
Purpose
The purpose of this policyPolicy is to (a) protect the City’s data and infrastructure, (b) outline the protocols and guidelines that govern cyber security measures, (c) define the rules for Citycompany and personal use, and (d) list the company's City's disciplinary process for policyPolicy violations.
Scope
This policyPolicy applies to all City of Buellton full-time and part-time employees, City Councilmembers or other officers, consultants, contractors, volunteers, suppliers, interns, and/or any individuals (collectively referred to as “City Staff”) with access to the company's City’s Eelectronic Information Ssystems, information, software, and/or hardware.
The restrictions and limitations established in this policyPolicy apply equally to any remote or offsite use of the City’s Electronic Information Systems.
Definitions
City Staff means all full-time and part-time employees, City Councilmembers, officers, consultants, contractors, volunteers, suppliers, interns or individuals who have access to the City’s Electronic Information Systems.
Electronic Information Systems include, but are not limited to: all City owned or leased computer, facsimile, voicemail, and telephone equipment; all associated software, firmware, and hardware; all online services provided by the City, all City provided email accounts; all internet sites maintained for or by the City, all electronic systems owned, leased, used, maintained, moderated, or otherwise operated by the City, and all logins, passwords, data, files, messages, 178 of 247
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communications, and information transmitted by, received from, entered into, or stored on these systems.
No Expectation of Privacy and Monitoring
During the course of carrying out City business, City Staff may access the City’s Electronic Information Systems. City Staff thus have no expectation of privacy in any message, file, data, document, communication, facsimile, or any other form of information accessed, transmitted to, received from, or stored on the City’s Electronic Information Systems. The use, creation, or change of any password or code, or any method of encrypting, deleting, or purging files or messages, whether or not authorized by the City, does not give a user an expectation of privacy in any message, file, data, document, communication, facsimile, or other form of information accessed, transmitted to, received from, or stored on the City’s electronic systems.
To enforce compliance with the City’s Cyber Security Policy and protect the City’s interests, the City reserves the right to monitor any use of its network and systems to the extent permitted by applicable law. By using the City’s systems, you agree to such monitoring. Monitoring may include (but is not necessarily limited to) intercepting and reviewing network traffic, emails, or other messages or data sent or received and inspecting data stored on individual file directories, devices, or other printed or online media.
Internet Usage
As a user of the Electronic Information Systems, City Staff may be authorized to access the internet. City Staff should be aware that every internet site they visit is capable of determining the identity of the City Staff member. Accordingly, access to the internet should include the use of good judgment.
Due to the prevalence of viruses on the internet, downloading of programs, data, or other material, except as expressly approved in writing by the City Manager_____, is prohibited.
Use of the City’s Electronic Information Systems to attempt to gain unauthorized access to remote systems is prohibited.
Transferring Data
The City of Buellton recognizes the security risks of transferring confidential data internally and/or externally. To minimize the chances of data theft, we instruct all employees to:
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• Refrain from transferring confidential data to employees and outside parties.
• Only transfer confidential data over City networks.
• Verify the recipient of the information and ensure they have the appropriate security measures in place.
• Not to modify existing hardware or connect personal computers to the City’s computer network without prior written authorization from the IT department.
• Immediately alert the IT department of any breaches, malicious software, and/or scams.
•
Confidential Data
The City of Buellton defines "confidential data" as:
• Unreleased financial information.
• Customer, supplier, and resident information.
• Customer financial data
• Public Utility information
• Employees' passwords, assignments, and personal information. • Confidential City contracts and legal records.
• Other information not subject to release under the Public Records Act Device Security
City Devices
To ensure the security of all City-issued devices and information, City of Buellton employees are required to:
• Keep all City-issued devices, including tablets, computers, and mobile devices, password-protected (minimum of 8 characters).
• Secure all relevant devices before leaving their desk. • Obtain authorization from the relevant Department Head and/or City Manager before removing devices from the premises of primary use. • Refrain from sharing private passwords with coworkers, personal contacts, supervisors/Department Heads, and members of the public. • Regularly ensure that devices are updated with the latest security software.
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•
Personal Devices
The City of Buellton recognizes that employees may be required to use (or may choose to use out of convenience) personal devices to access company City systems. To ensure City systems are protected, all employees are required to:
• Keep all devices password-protected (minimum of 8 characters). • Ensure all personal devices used to access City systems are password protected.
• Install full-featured antivirus software.
• Regularly upgrade antivirus software.
• Lock all devices if left unattended.
• Ensure all devices are protected at all times.
• Always use secure and private networks.
Email Security
Protecting email systems is a high priority as emails can lead to data theft, scams, and carry malicious software like worms, viruses, and ransomware.
Therefore, the City of Buellton requires all employees to:
• Verify the legitimacy of each email, including the email address and sender name.
• Avoid opening suspicious emails, attachments, and clicking on links. • Look for any significant grammatical or spelling errors that may indicate a message from a sender outside the country.
• Avoid clickbait titles and links.
• Avoid responding to suspicious requests for assistance purchasing items such as gift cards from other City personnel.
• Contact IT services regarding any suspicious emails.
Incident Reporting
Immediately notify the IT department if you discover a cyber incident or suspect a breach in the City’s information security controls. The City maintains various forms of monitoring and surveillance to detect cyber incidents, but you may be the first to become aware of a problem. Early detection and response can mitigate damages and minimize further risk to the City.
Treat any information regarding cyber incidents as highly confidential Information and do not share it, internally or externally, without specific authorization.
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Cyber Incident Examples. Cyber incidents vary widely and include physical and technical issues. Some examples of cyber incidents that you should report include, but are not limited to:
(i) loss or suspected compromise of user credentials or physical access devices (including passwords, keys, badges, smart cards, devices containing authenticator software, or other means of identification and authentication); (ii) suspected malware infections, including viruses, Trojans, spyware, worms, or any anomalous reports or messages from anti-malware software or personal firewalls;
(iii) loss or theft of any device that contains City information (other than public information), including computers, laptops, tablet computers, smartphones, USB drives, disks, or other storage media;
(iv) suspected entry (hacking) into the City’s network or systems by unauthorized persons;
(v) any breach or suspected breach of confidential data; (vi) any attempt by any person to obtain passwords, one-time use codes, or other confidential information in person or by phone, email or other means (sometimes called social engineering, or in the case of email, phishing).=; and
(vii) any other situation that appears to violate this Policy or otherwise creates undue risks to the City’s Electronic Information Systems.
Compromised Devices. If you become aware of a compromised computer or device:
(1) immediately deactivate (or unplug) any network connections, but do not power down the equipment because valuable information regarding the incident may be lost if the device is turned off; and
(2) immediately notify (the City manager_________).
Disciplinary Action
Violation of this policyPolicy can lead to disciplinary action, up to and including termination. The City’s of Buellton’s disciplinary protocols are progressive and based on the severity of the violation. Please see the Employee Manual Rule XII for details on Disciplinary Actions.
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Effective Date
This Cyber Security Policy is effective as of March, 2026_____.
Revision History: [Original publication/subsequent revisions] 183 of 247
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ACKNOWLEDGMENT
Acknowledgment of Receipt and Review
I, __________________________ (City Staff), acknowledge that on __________________ (date), I received and read a copy of the City’s Cyber Security Policy, dated_________, and understand that it is my responsibility to be familiar with and abide by its terms. I understand that the information in this Policy is intended to help City Staff work together effectively to manage information security risks as part of their job responsibilities. ________________________
Signature
________________________
Printed Name
________________________
Date
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4926-7625-3216 v2 Page 1 of 13 Drug- and Alcohol-Free Workplace Policy
CITY OF BUELLTON
DRUG- AND ALCOHOL-FREE WORKPLACE POLICY
I. PURPOSE
A. The City of Buellton (“City”) is committed to providing a healthy and safe work environment for its employees. The purpose of this policy is to maintain a workplace that is free of drugs and alcohol and to discourage drug and alcohol abuse (“substance abuse”) by employees. There is a vital interest in maintaining safe and efficient working conditions for employees. Substance abuse is incompatible with health, safety, efficiency, and success. Employees who are under the influence of alcohol or who have any illegal drugs in their system, or who abuse legal drugs while on City premises, conducting or performing business endanger their own health and safety and the health and safety of others.
B. Substance abuse can also cause a number of other work-related problems, including absenteeism and tardiness, substandard job performance, increased workloads for coworkers, disruption to other employees, delays in the completion of work, inferior quality of service, and disruption of resident relations. This policy governs not only the abuse of alcohol and illegal drugs but also the use and abuse of legal drugs in the workplace. Employees who use legal drugs, including prescription and over-the-counter drugs, should consult with a health care provider regarding the medication’s impact on work and must comply with those provisions set forth in this policy that address such use.
C. To further its interest in avoiding accidents, to promote and maintain safe and efficient working conditions for its employees, to protect its business, property, equipment, and operations, and to comply with all federal and state requirements, including, but not limited to, the Drug-Free Workplace Act of 1988 (41 U.S.C. § 8103) and the California Drug-Free Workplace Act of 1990 (Government Code § 8355), the City has established this policy concerning employee use of alcohol and drugs. As a condition of hire and continued employment, each employee must abide by this policy. Each employee will be given a copy of this policy upon their hire.
D. In the spirit of creating a drug- and alcohol-free work environment, nothing in the policy shall be construed to restrict the City’s ability to use common sense, prudence, technology, or external resources to protect the safety of its employees, its customers, or the public, unless otherwise prohibited by law.
Nothing in this policy is intended to diminish the City’s commitment to employ qualified disabled individuals or to provide reasonable accommodation to such individuals consistent with all federal, state, and local laws.
II. APPLICABILITY
A. This policy applies to all applicants and employees of the City. 185 of 247
4926-7625-3216 v2 Page 2 of 13 Drug- and Alcohol-Free Workplace Policy B. Certain employees may be subject to the Omnibus Transportation Employee Testing Act of 1991 (Pub. L. No. 102-143, 105 Stat. 952, as amended) which requires alcohol and drug-testing of safety-sensitive transportation employees who are required to have a commercial driver’s license (49 CFR Parts 40, 382, 391, 392, and 395, as amended). To comply with Department of Transportation (DOT) regulations, the City has developed specific guidelines regarding when and how drug and alcohol testing will occur, as well as provisions on rehabilitative services available to all covered employees. The specific guidelines for covered employees who are required to have a commercial driver’s license are set forth in a separate commercial driver policy. Covered employees who are required to have a commercial driver’s license are covered by this policy except where this policy conflicts with the commercial driver policy or with the Omnibus Transportation Employee Testing Act of 1991, as amended, the Federal Highway Administration Regulations, as amended, Federal Motor Carrier Safety Administration, as amended, or any other applicable Department of Transportation City regulations governing drug testing of employees required to possess a commercial driver’s license, in which case the commercial driver policy or transportation-specific legal requirement will control.
III. DEFINITIONS
A. Controlled Substances. Any drug or substance that is classified into the five schedules or classes on the basis of its potential for abuse, accepted use, and accepted safety under medical supervision by the federal Drug Enforcement Administration. Examples of controlled substances include, but are not limited to, marijuana metabolites, cocaine metabolites, opiate metabolites, amphetamines, and phencyclidine (PCP). Controlled substances may be further classified as illegal or legal drugs.
B. Illegal Drugs. A controlled substance, a legal drug which has not been legally obtained, or a legal drug which was legally obtained, but that is being sold or distributed unlawfully.
C. Legal Drugs. Any drug, including any prescription drug or over-the-counter drug, that has been legally obtained and that is not unlawfully sold or distributed.
D. Abuse of any Legal Drug. Abuse of any legal drug means the use of any legal drug (i) for any purpose other than the purpose for which it was prescribed or manufactured; or (ii) in a quantity, frequency, or manner that is contrary to the instructions or recommendations of the prescribing physician or manufacturer.
E. Drug Paraphernalia. Drug paraphernalia means any device or instrument used for injecting, smoking, consuming, or otherwise administering a controlled 186 of 247
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F. Reasonable Suspicion. Reasonable suspicion means a belief based upon objective facts, evidence, or other indicators sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol so that the employee’s ability to perform the functions of the job is impaired or reduced. For example, any of the following, alone or in combination, may constitute reasonable suspicion (this is not an exhaustive list):
1. Slurred speech;
2. Alcohol odor on breath/person;
3. Cannabis odor on breath/person;
4. Unsteady walking and movement;
5. Physical symptoms of impairment (e.g., glassy eyes, eye dilation, shaking, or erratic movement);
6. An accident involving City property that provides a reasonable basis to believe that the accident was likely to have been caused by impairment from drugs or alcohol;
7. Physical or verbal altercation;
8. Unusual behavior;
9. Job impairment;
10. Possession of alcohol, drugs, or prohibited drug paraphernalia; or
11. Information obtained from a reliable source with personal knowledge.
G. Possession. Possession means that an employee has the substance on the employee’s person or otherwise under the employee’s control.
H. Under the Influence. The use or misuse of any of the following in a manner and to a degree that impairs the employee’s work performance or ability to use City property or equipment safely:
1. Any alcoholic beverage;
2. Any illegal drug or substance; or
3. Any legal drug.
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4926-7625-3216 v2 Page 4 of 13 Drug- and Alcohol-Free Workplace Policy I. Impaired. Diminished capacity, ability, mental acuity, or performance.
J. Safety-Sensitive Employees. Safety-sensitive employees are employees who hold safety-sensitive positions. Safety-sensitive positions are those requiring the performance of duties that present risks to self and others so that even a momentary lapse of attention can have disastrous consequences, including, but not limited to the following:
1. Positions that include interaction with children, where employees are directly responsible for protecting children, or where employees have continuous interaction or supervision that puts them in a position of influence over children.
2. Positions that have a history of drug or alcohol use include those where the City has established the existence of documented problems with drug or alcohol use by employees in a particular position or particular department.
Positions that are subject to the Omnibus Transportation Employee Testing Act of 1991 are also classified as “safety-sensitive” as that term is defined by the Department of Transportation regulations and federal law. Testing for these employees is addressed in a separate policy.
IV. POLICY
A. No Right of Privacy.
The City respects the individual privacy of its employees. However, employee privacy does not extend to the employee’s use of City-provided equipment, supplies, or property. Employees should be aware that the terms of this policy limit their privacy in the workplace and that employees have no reasonable expectation of privacy with respect to City property, which may be searched at any time.
B. Cannabis
The City recognizes that the State of California has legalized the use of cannabis for recreational and certain medical uses. However, under federal law, the use of cannabis remains prohibited, and cannabis remains a controlled substance. The City will not take action against an employee solely because of the employee’s lawful, off-duty use of cannabis. However, the City reserves the right to take disciplinary action under this policy, up to and including termination, when an employee is actually impaired by cannabis on duty or engages in any other conduct involving cannabis that violates this Policy. Any action involving cannabis use will be consistent with Government Code Section 12954.
C. Advance Notification To City Of Use Of Legal Drugs
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1. Use of Legal Drugs. The City recognizes that it may be necessary for employees to use legal drugs from time to time. The City also recognizes that even legal drugs can impair the employee's ability to adequately or safely perform their duties. In order to accommodate employees who use legal drugs while helping avoid serious adverse consequences resulting from such drug use, employees are required to notify the City so that the City can determine if any work restrictions are advisable under the circumstances.
2. When Notification is Required. Employees who know or should know that their use of legal drugs might endanger their own safety or the safety of another person, might pose a risk of significant damage to the City’s property, or might interfere with their job performance or the efficient operation of the City’s business, are obligated to report such drug use to the _Human Resources Department____________________. The City reserves the right to have either a City-designated physician or the employee's own physician determine whether it is advisable for the employee to continue working while taking such drugs.
3. Duty to Disclose. Employees who operate or who are responsible in any way for the operation, custody, or care of the City’s property, or for the safety of other employees or other persons, have a duty to disclose the nature of their job duties to any prescribing physician or pharmacist and/or to a City physician or pharmacist and to inquire of the physician(s) or pharmacist whether their use of the prescribed drug might result in the dangers, risks, or impairment that this policy is intended to prevent.
4. Restrictions on Work. The City reserves the right to restrict the work activities of any employee who is using legal drugs or prohibit any employee from working entirely while the employee is using legal drugs.
5. Duty to Refrain from Working. No employee using legal drugs may report for or remain at work while impaired.
D. Prohibited Conduct
1. Scope. Employees may not engage in any of the prohibited conduct identified in this policy any time the employee is:
a. On City premises, in the workplace, or in uniform;
b. Conducting or performing City business, regardless of location; c. Operating or responsible for the operation, custody, or care of City vehicles, equipment, or other property, or
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4926-7625-3216 v2 Page 6 of 13 Drug- and Alcohol-Free Workplace Policy d. Responsible in any way for the safety of other individuals associated with City, including, but not limited to, colleagues, management, visitors, residents, and vendors.
2. Alcohol. The following acts are prohibited, and commission of these acts may subject an employee to discipline, up to and including, termination:
a. The unauthorized use, possession, purchase, sale, manufacture, distribution, transportation, or dispensation of alcohol; or b. Being impaired due to alcohol use.
3. Controlled Substances. The unlawful manufacture, distribution, dispensation, possession, or use of any controlled substance are prohibited, and commission of these acts may subject an employee to discipline, up to and including, termination.
4. Illegal Drugs. The following acts are prohibited, and commission of these acts may subject an employee to discipline, up to and including, termination:
a. The purchase, sale, manufacture, distribution, transportation, dispensation, use, or possession of any illegal drug or drug paraphernalia; or
b. Having any illegal drug in an employee’s system.
c. Cannabis. As it relates to testing for cannabis, consistent with Government Code section 12954, and except as otherwise required under federal law, this section shall only apply to an employee who has psychoactive cannabis metabolites in their system.
5. Legal Drugs. The following acts are prohibited, and commission of these acts may subject an employee to discipline, up to and including termination:
a. The abuse of any legal drug; or
b. The purchase, sale, manufacture, distribution, transportation, dispensation, use, or possession of any legal prescription or over-thecounter drug in a manner inconsistent with law; or c. Working while impaired by the use of a legal drug in violation of section IV above; or
d. Working without providing the required notice in violation of section IV, above; or
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4926-7625-3216 v2 Page 7 of 13 Drug- and Alcohol-Free Workplace Policy e. Failure to make proper disclosure in violation of section IV, above.
V. SUBSTANCE SCREENING
A. Job Applicants
Job applicants may be required to undergo drug and alcohol testing as a condition of employment with the City. No drug and/or alcohol test shall be administered prior to the applicant receiving a conditional offer of employment. Only positions that present a special need for drug and/or alcohol testing will be subject to this section. For purposes of pre-employment drug and/or alcohol testing, special need includes safety-sensitive positions as defined in this policy and identified in Appendix A.
B. Employees
Current employees will be subject to drug or alcohol testing in the following circumstances:
1. Following a determination that reasonable suspicion exists in accordance with this policy; or
2. When an employee is subject to return to duty and/or follow-up testing following an employee’s return from drug and/or alcohol rehabilitation and/or treatment, or as may be otherwise permitted by law and agreed upon between employee and City.
C. Testing
1. The City may use drug testing methods, including each or all of the following testing methods:
a. Pre-employment testing;
b. Reasonable suspicion testing;
c. Post-accident testing; and
d. Testing authorized or required by federal or state regulations, including Department of Transportation regulations.
2. Consent. Prior to the administration of any drug and/or alcohol testing, the City’s testing provider shall attempt to obtain from the employee a completed and signed consent form. This form will document the employee’s consent in writing to examination and testing and will authorize the release of such information to the City. Refusal by the employee to sign a consent form is considered insubordination and may be independent grounds for disciplinary action, up to and including termination.
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3. Interference with a Required Test or Refusal to Cooperate. An employee will be subject to the same consequences as a positive test if the employee:
a. Refuses the screening or test by engaging in behavior such as refusal to provide a urine specimen, body fluid specimen, hair, or breath sample without a valid medical explanation; a verbal declaration of refusal; or physical absence;
b. Adulterates, dilutes, contaminates, or tampers with the specimen, or attempts to do so;
c. Substitutes the specimen with that of another person, or sends an imposter to provide a specimen, or attempts to do either act; d. Refuses to sign the required forms or documentation; e. Otherwise refuses to cooperate in the testing process in such a way that prevents conducting or completion of the test.
4. Results. If the drug screen is positive, the employee may be requested to provide, within one (1) business day of the test results, bona fide verification of a valid current prescription for the drug identified in the drug screen. The prescription must be in the employee’s name.
5. Cannabis. Consistent with Government Code section 12954, and except as otherwise required under federal law, the City will not screen for nonpsychoactive cannabis metabolites.
VI. CONSEQUENCES OF POLICY VIOLATIONS
Violation of this policy by any employee may result in discipline, up to and including discharge, depending on the circumstances and at the sole discretion of the City. For those employees employed in positions covered by the DOT regulations, discipline will be administered in accordance with Title 13 of the California Code of Regulations and Title 49 of the Code of Federal Regulations.
A. Effect of Criminal Conviction
An employee who is convicted under a criminal drug statute for a violation occurring in the workplace, while conducting or performing City business regardless of location, or during any City-related activity or event will be deemed to have violated this policy.
B. Effect of a Positive Test
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4926-7625-3216 v2 Page 9 of 13 Drug- and Alcohol-Free Workplace Policy An employee who receives a positive test for drugs or alcohol will be in violation of this policy. An applicant who receives a positive test result for drugs or alcohol may have their conditional offer of employment rescinded and may not be hired.
C. Refusal to Test
Whenever an employee refuses an order to submit to a drug or alcohol test upon appropriate direction, the employee shall be reminded of the requirements of this policy and the disciplinary consequences for refusal. Such refusal may be considered insubordination and is grounds for disciplinary action up to and including termination. Refusal to test includes, but is not limited to:
1. Failing to appear at the collection site in the time allotted;
2. Leaving the collection site before the testing process is completed;
3. Failing to provide a breath, urine, hair, or saliva specimen;
4. Failing to permit the observation or monitoring of specimen collection when required;
5. Failing to provide a sufficient amount of urine or breath specimen without a valid medical explanation;
6. Adulterating or diluting a urine, breath, or saliva specimen;
7. Failing or refusing to take a second test when required;
8. Failing to cooperate with any part of the testing process; for example:
refusing to sign the testing form when required.
D. Return to Duty/Follow-up Testing
Employees who violate this policy may also be required to participate in a drug and/or alcohol rehabilitation or counseling programs as a condition of continued employment. In certain instances (such as an employee who tested positive for drugs or alcohol or has successfully completed drug or alcohol rehabilitation), and solely at the City’s discretion, the City may enter into an agreement with an employee who would otherwise be disciplined to permit the employee to keep their job upon fulfilling certain requirements pertaining to drug and/or alcohol rehabilitation, including, but not limited to, submitting to return to duty and/or followup testing when directed to do so by the City in accordance with this policy.
VII. CRIMINAL CONVICTIONS
Employees must notify the City of any conviction under a criminal drug statute for a violation occurring in the workplace, while conducting or performing City business regardless of location, or during any City-related activity or event, in writing, no 193 of 247
4926-7625-3216 v2 Page 10 of 13 Drug- and Alcohol-Free Workplace Policy later than 5 days after any such conviction. For purposes of this policy, a conviction includes a finding of guilt, a plea of nolo contendre or no contest, and/or an imposition of sentence by any judicial body charged with responsibility to determine violations of federal or state criminal drug and alcohol statutes. When required by applicable law, the City will notify agencies under contract of any employee who has been convicted under a criminal drug statute for a violation occurring while conducting or performing City business, regardless of location.
VIII. CONFIDENTIALITY
Disclosures made by employees to the Human Resources Director concerning their use of legal drugs will be treated confidentially and will not be revealed to managers or supervisors unless there is an important work-related reason to do so, or disclosure is required by law. Disclosures made by employees to the Human Resources Director concerning their participation in any drug or alcohol rehabilitation program will be treated confidentially. Laboratory reports and/or test results shall not be maintained in an employee’s general personnel file and information of this nature will be maintained in a separate confidential medical folder.
Managers and supervisors must restrict communications concerning possible violations of this policy to persons who have an important work-related reason to know. In addition, managers and supervisors must not disclose the fact of an employee's participation in any drug or alcohol counseling or rehabilitation program.
IX. VOLUNTARY ASSISTANCE OR REHABILITATION
A. In General
The City encourages employees who suspect they may have alcohol or drug problems to seek voluntary assistance and rehabilitation at an early date.
Accordingly, an eligible employee who decides to seek treatment or rehabilitation will not be subject to discipline solely because of seeking such treatment. However, the City reserves the right to discipline employees, up to and including termination, who are found to have engaged in activity prohibited by this policy.
B. Employee Assistance
The Employee Assistance Program (EAP) is available to assist employees in these efforts to overcome problems with drugs and/or alcohol. Information pertaining to such programs may be obtained by direct contact with the EAP agency or by contacting the Human Resources Director.
C. Leave of Absence for Voluntary Receipt of Assistance and Rehabilitation 194 of 247
4926-7625-3216 v2 Page 11 of 13 Drug- and Alcohol-Free Workplace Policy Employees who wish to voluntarily enter and participate in an approved alcohol or drug rehabilitation program are encouraged to contact the Human Resources Director, who will determine whether the City can accommodate the employee by providing unpaid leave to complete the program. The City reserves the right to deny such leave in accordance with applicable state or federal law if granting the leave is unreasonable or would impose an undue hardship on the City. 195 of 247
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EMPLOYEE ACKNOWLEDGMENT OF
RECEIPT OF DRUG- AND ALCOHOL-FREE WORKPLACE POLICY
My signature below acknowledges that I have received my copy of the City’s Drug- and Alcohol-Free Workplace Policy (“Policy”) and that I have read the Policy and understand my rights and obligations under the same.
I understand that this Policy only represents the City’s current policies, procedures, rights, and obligations. Regardless of what the Policy states or provides, the City retains the right to add, change, or delete provisions of the Policy at any time and in its sole discretion.
By signing below, I agree to abide by all provisions of the Policy. I understand that failure to fully comply with all provisions of the Policy may lead to disciplinary action, up to and including termination.
PRINT FULL NAME:
SIGNATURE:
DATE:
[RETAIN IN EMPLOYEE PERSONNEL FILE]
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APPENDIX A
SAFETY-SENSITIVE POSITIONS
• Positions that are required to maintain a commercial driver’s license. Such positions are subject to the City’s Drug-free Workplace Policy for Drivers of Commercial Vehicles
• The following job classifications are safety sensitive positions:
• Recreation Department staff who drive passenger vehicles and participate in DOT drug/alcohol testing pool.
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APPENDIX B
REASONABLE SUSPICION REPORT (Fillable)
EMPLOYEE:
Name:
Job Title:
Department:
Supervisor:
OBSERVATION: Location/Building:
Date: Time: From: ☐AM ☐PM To: ☐AM ☐PM
CAUSE FOR SUSPICION (Answer all that apply):
1.Presence of Drugs, Alcohol, and/or Paraphernalia (specify):
2.Appearance:
☐ Normal ☐ Flushed ☐ Puncture Marks
☐ Disheveled ☐ Bloodshot Eyes ☐ Inappropriate wearing of sunglasses ☐ Tremors ☐ Profuse Sweating ☐ Dilated/Constricted Pupils ☐ Body Odor ☐ Dry-mouth Symptoms ☐ Runny Nose/Sores
☐ Other:
3. Behavior:
Speech: ☐ Normal ☐ Incoherent ☐ Slurred ☐ Silent
☐ Confused ☐ Slowed ☐ Whispering
☐ Other:
Awareness:☐ Normal ☐ Confused ☐ Mood Swings ☐ Euphoria
☐ Lethargic ☐ Disoriented ☐ Paranoid ☐ Lack of Coordination ☐ Other:
4. Motor Skills
Balance: ☐ Normal ☐ Swaying ☐ Falling ☐ Staggering
☐ Other:
Walking & Turning:
☐ Normal ☐ Swaying ☐ Arms Raised for Balance
☐ Stumbling ☐ Falling ☐ Reaching for Support
☐ Other:
Other Observed Action or Behavior (specify, add other sheets as needed)
Witnessed by: (must be a supervisor or manager trained in physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances) Signature:
Title:
Date: Time: ☐AM ☐PM
Optional 2nd Signature:
Title:
Date: Time: ☐AM ☐PM
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DRUG-FREE WORKPLACE POLICY FOR
DRIVERS OF COMMERCIAL VEHICLES
I. PURPOSE
This Policy supplements the City of Buellton’s (“City”) Drug-Free Workplace Policy establishing a drug-free workplace, and applies to those employees who are required to hold a commercial driver’s license. In the event that this Policy conflicts with the City’s Drug-Free Workplace Policy, this Policy and the federal Department of Transportation statutes and regulations, as amended, shall supersede the City’s Drug-Free Workplace Policy.
This Policy is adopted pursuant to the Omnibus Transportation Employee Testing Act of 1991 (Pub. L. No. 102-143, 105 Stat. 952, as amended), and the regulations that implement it (49 CFR Parts 40, 382, 391, 392, and 395, as amended), as amended. This Policy incorporates those federal requirements, and any amendments that may be made subsequent to the adoption of this Policy. This Policy expressly restates portions of those requirements; however, the partial restatement should not in any way be interpreted to mean that those requirements not restated herein are inapplicable to drivers.
It is the goal of the City to create a healthy and safe working environment to deliver the best and most efficient municpal service to the citizens of Buellton. It is the responsibility of all City employees to cooperate in efforts to protect the life, personal safety, and property of co-workers and citizens. The City will not tolerate any drug or alcohol use, which may affect the job performance or pose a hazard to the safety and welfare of the employee, the public, and/or other employees of the City. Drug and alcohol use, which affects the employee’s job performance, or jeopardizes City and public safety is proper cause for disciplinary action, up to and including termination.Any questions regarding this Policy and the DOT drug and alcohol testing can be directed to the Human Resources Director.
The City is, therefore, committed to establishing and maintaining a safe and healthy work environment free from the influence of alcohol and drugs. With this objective in mind, the City has established the following Drug-Free Workplace Policy for Drivers of Commerical Vehicles.
II. APPLICABILITY
This Policy applies to any employee who is required to possess a commercial driver license as part of their job.
Those classifications include, but are not limited to the following:
A. Recreation Supervisor
B. Recreation Center Coordinator
C. Recreation Coordinator
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D.
E.
III. DEFINITIONS
A. Accident: An occurrence associated with the operation of a vehicle, if, as a result, any of the following occur:
1. An individual dies; or
2. An individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident; or
3. One or more of the motor vehicles involved incurred disabling damage requiring that the motor vehicle be transported away from the scene by a tow truck or other motor vehicle.
B. Alcohol: The intoxicating agency in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl and isopropyl alcohol.
C. Breath Alcohol Technician (“BAT”): A person who instructs and assists employees in the alcohol testing process and operates an evidential breath testing device.
D. Commerce:
1. Any trade, traffic, or transportation within the jurisdiction of the United States between a place in a state and a place outside of such state, including a place outside of the United States; and
2. Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in Section D.1. above.
E. Commercial Motor Vehicle: A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:
1. Has a gross combination weight rating of 26,001 or more pounds, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
2. Has a gross vehicle weight rating of 26,001 or more pounds, including the driver; or
3. Is designed to transport 16 or more passengers, including the driver; or
4. Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act 200 of 247
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(49 USC § 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR pat 172, subpart F).
F. Designated Employer Representative (“DER”): An employee who is able to receive communications and test results from service agents and who is authorized to take immediately actions to remove employees from safetysensitive duties and to make required decisions in the testing and evaluation processes. The City’s DER is the Human Resources Director or their designee.
G. Disabling Damage: Damage that precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. This includes damage to the motor vehicle where the vehicle could have been driven, but would have been further damaged if so driven. This excludes the following:
1. Damage that can be remedied temporarily at the scene of the accident without special tools or parts;
2. Tire disablement or other damage even if no spare tire is available;
3. Headlamp or tail light damage; and
4. Damage to turn signals, horn, or windshield wipers, which make the vehicle inoperable.
H. DOT: The federal Department of Transportation.
I. Driver: Any person who operates a commercial motor vehicle. This includes, but is not limited to full time, regularly employed drivers; casual, intermittent, or occasional drivers; leased drives; and independent owner-operator contractors.
J. FMCSA: The Federal Motor Carrier Safety Regulations.
K. Medical Review Officer (“MRO”): A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by the City’s drug testing program and evaluating medical explanations for certain drug tests results.
L. Performing a Safety Sensitive Function: A driver is considered to be performing a safety-sensitive function during any period in which the driver is actually performing, ready to perform, or immediately available to perform any safetysensitive functions.
M. Safety Sensitive Function: All time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. Safety-sensitive functions are:
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1. All time at a City plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the City;
2. All time inspecting equipment as required by sections 392.7 and 392.8 of Title 49, Subtitle B, Chapter III of the Code of Federal Regulations, or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;
3. All time spent at the driving controls of a commercial motor vehicle in operation;
4. All time, other than driving time, in or upon any commercial motor vehicle, except time spent resting in a sleeper berth;
5. All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and
6. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
N. Substance Abuse Professional (“SAP”): A person who evaluates employees who have violated this Policy and/or other DOT drug and alcohol regulation and who makes recommendations concerning education, treatment, follow-up testing, and aftercare.
O. Transferee: A person who transfers from a position in the City service that does not have safety sensitive functions to a position in the City service that does have safety sensitive functions.
IV. PROCEDURE
A. General Prohibitions:
1. Legal Drugs: As a City policy in addition to DOT/FMCSA regulations, a driver must receive authorization to work from the City’s Human Resources Director or designee and the City’s MRO prior to taking any legal drug which may cause drowsiness or which may otherwise impair to any extent the employee’s ability to safely and efficiently perform the driver’s job.
(a) The City’s MRO, after consultation with the Human Resources Director, may authorize the employee to work while under the influence of a legal drug upon receipt of a fully completed and signed authorization form which states to the City’s satisfaction that the employee will not be impaired in the performance of the 202 of 247
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employee’s duties. The City, in its discretion, may request the MRO to issue an independent decision, which will be binding on the employee, at any time and as to any driver who is working or intends to work while under the influence of a legal drug. In making such an independent determination, the MRO may require the employee to submit to a physical examination to ensure that the drug does not impair job performance.
2. Illegal Drugs: As a City policy in addition to DOT/FMCSA regulations, the use, sale, purchase, offer to sell, transfer, possession, manufacture, or distribution of an illegal drug by any employee while in a City facility or a City vehicle, or on City property or while in City uniform or while performing City business on duty is strictly prohibited. The presence of any amount determined to be a positive test result per DOT/FMCSA regulations of any illegal drug or its metabolites in any employee while performing City business or in a City facility, a City vehicle or in City uniform or on City property is prohibited.
(a) As a City policy in addition to DOT/FMCSA regulations, no employee shall bring drug paraphernalia, which is used in the storage, concealment, injection, ingestion, or consumption of illegal drugs onto City premises or property or into City vehicles. (b) Drivers are prohibited from performing safety sensitive functions while under the influence of marijuana, cocaine, opiates, amphetamines, and/or phencyclidine. Drivers are prohibited from ingesting or consuming marijuana, cocaine, opiates,
amphetamines, and phencyclidine at any time, whether on duty or off duty.
3. Alcohol: As a City policy in addition to DOT/FMCSA regulations, the possession, consumption, or sale of any amount of alcoholic beverage while at work, or on City property, or in a City vehicle or in a City uniform is prohibited for all employees.
4. In General: No driver shall report for duty or remain on duty requiring the performance of safety sensitive functions while having an alcohol concentration of 0.04 or greater. Drivers are prohibited from using alcohol while performing safety sensitive functions. Drivers are prohibited from using alcohol within four hours prior to performing a safety sensitive function.
5. On Duty: No driver who is found to have an alcohol concentration of 0.02 or greater, but less than 0.04, may perform safety sensitive functions until:
(a) The employee’s alcohol concentration measures less than 0.02; or 203 of 247
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(b) The start of the driver’s next regularly schedule duty period, but not less than eight hours following administration of the test. The employee shall be retested to ensure that his/her alcohol level is below 0.02.
6. On Call Employees: Any driver who is subject to being on call or who is on stand by is prohibited from using alcohol while on call or on stand by. If a driver has consumed alcohol during this time, and the driver is called to report to duty, the driver must immediately notify their supervisor that the driver has consumed alcohol. The employee must also notify the supervisor whether the employee believes that the employee can perform safety sensitive function. If the employee admits to having consumed alcohol, but asserts that the employee can perform safety sensitive functions, the employee shall be required to submit to an alcohol test prior to performing any safety sensitive functions.
7. Following an Accident: Drivers who are required to submit to a postaccident alcohol test under Section IV.C.3, are prohibited from using alcohol for eight hours following the accident, or until he/she undergoes a post-alcohol accident test, whichever occurs first.
B. Employee Assistance Program: The City maintains an Employee Assistance Program (“EAP”) which offers confidential, professional counseling to employees and their family members. It provides a constructive way by which employees can deal with alcohol and/or drug-related problems before such problems impact job performance, family relations, and other areas of one’s life. Employees experiencing personal or work performance problems associated with alcohol or drug use are urged to utilize the EAP.
1. It is the responsibility of employees to seek assistance from the EAP before alcohol and/or drug problems lead to disciplinary action, which can include termination for a first offense. Enrollment and participation in the EAP will not be used as the basis for disciplinary action and will not be used against the employee in any disciplinary proceeding. However, enrollment and participation in the EAP will not exempt an employee from discipline if that employee is found to have violated this Policy.
2. Provisions for leaves of absence for employees with alcohol and/or drug related problems who have not been found in violation of the Policy and who voluntarily have sought assistance through the EAP will be granted in accordance with the City Personnel Rules.
3. Any employee who tests positive for the presence of illegal drugs or alcohol at or above the cut off levels established by the DOT shall be referred to a SAP to determine what assistance, if any, the employee needs in resolving problems associated with drugs or alcohol misuse. 204 of 247
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4. The cost of any treatment or rehabilitation services may be covered by the medical insurance plans available at the City, which may require a copayment by the employee paid directly by the employee or the employee’s insurance provider.
5. Information on the EAP can be obtained from the Human Resources Department.
C. Types of Drug and Alcohol Testing:
1. Pre-Employment/Promotional:
(a) All applicants and transferees who will perform safety sensitive functions are required to submit to a pre-employment drug and alcohol test. Only applicants and transferees who have been made a conditional offer of employment or transfer shall be subject to the pre-employment/promotional drug and alcohol tests. No applicant or transferee shall be permitted to perform safety sensitive functions until the applicant or transferee’s drug test has a verified negative result. No applicant or transferee shall perform safety sensitive functions until the applicant’s or transferee’s alcohol test indicates that the applicant’s or transferee’s has an alcohol concentration of less than 0.02.
(b) When a driver or applicant has not performed a safety sensitive function for 90 consecutive calendar days, regardless of the reason, and the employee has not been in the City’s random selection pool during that time, the City shall ensure that the employee takes a pre-employment drug test with a verified negative result.
(c) If an applicant does not pass an alcohol and drug test, the applicant must wait 12 months before reapplying and then must present evidence of completion of a drug and/or alcohol rehabilitation program that is acceptable to the City before the applicant is eligible to reapply for a job requiring perofrmance of safety sensitive functions.
2. Random: All drivers are subject to random drug and alcohol testing. The minimum annual percentage rate for random drug testing is fifty percent (50%) of all drivers; the random alcohol testing rate shall be ten percent (10%) of all drivers. The City may test more than these minimum percentages.
(a) Selection of Employees: The selection of employees for random drug and alcohol testing shall be made by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with employees’ social 205 of 247
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security numbers, or other identifying numbers. Each driver shall have an equal chance of being tested each time selections are made.
(b) Testing Pool: Drivers will be placed in a pool that will include all City employees who are required to be randomly tested by the DOT. The City may contract with a third party administrator to assign employees to a pool and administer that pool for random testing. Such a pool may include non-City employees.
(c) Timing: The City will ensure that random drug and alcohol tests are unannounced and unpredictable, and that the dates for
administering the random tests are spread reasonably throughout the calendar year. Random testing will be conducted at all times of day when safety sensitive functions are performed.
(d) Procedures: Employees who are notified that they have been selected for random testing under this section are required to proceed immediately to the test site. A driver shall only be randomly tested for alcohol misuse while the employee is performing safety sensitive functions, just before the employee is to perform safety sensitive functions, or just after the employee has ceased performing such functions. A driver can be randomly tested for drugs anytime while on duty.
3. Post-Accident:
(a) Post-Accident Alcohol Test: As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, the City shall test for alcohol for each of its surviving drivers:
(1) Who was performing safety sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
(2) Who receives a citation within eight hours of the occurrence under state or local law for a moving traffic violation arising from the accident, if the accident involved:
(a) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away
from the scene of the accident; or
(b) One or more motor vehicles incurring disabling
damage as a result of the accident, requiring the
motor vehicle to be transported away from the scene
by a tow truck or other motor vehicle.
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(3) If an alcohol test is required, it should be administered within two hours following the accident, but it must be administered within eight hours following the accident. If it is not administered within eight hours following the accident, the City shall cease attempts to administer the alcohol test. (b) Post-Accident Drug Test: As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, the City shall test for controlled substances for each of its surviving drivers:
(1) Who was performing safety sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
(2) Who receives a citation within 32 hours of the occurrence under state or local law for a moving traffic violation arising from the accident, if the accident involved:
(a) Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away
from the scene of the accident; or
(b) One or more of the motor vehicles incurring disabling damage as a result of the accident, requiring the
motor vehicle to be transported away from the scene
by a tow truck or other motor vehicle.
(3) If a drug test is required, it must be administered within 32 hours following the accident, or the City must cease its attempts to administer the drug test.
(c) Failure to Remain Available: A driver who is subject to postaccident drug and/or alcohol testing, and who fails to remain readily available for such testing, including notifying the employee’s supervisor or Director of their location if the driver leaves the scene of the accident prior to submission to such test, will be deemed to have refused to submit to testing.
(d) Need for Medical Attention: Nothing in the post-accident testing requirements should be read to require the delay of necessary medical attention for the injured following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
4. Reasonable Suspicion: The City shall order an employee to submit to a drug and/or alcohol test when the City has reasonable suspicion to believe 207 of 247
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that the driver has used a prohibited drug and/or engaged in alcohol misuse.
(a) Finding of Reasonable Suspicion: The City’s determination that reasonable suspicion exists shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances. A supervisor who is trained in detecting the signs and symptoms of drug use and alcohol misuse must make the required observations.
(b) Reasonable Suspicion Alcohol Testing: An employee may only be subjected to alcohol testing if the observations are made during, just preceding, or just after the period of the workday that the driver is performing safety sensitive functions. A reasonable suspicion alcohol test should be performed within two hours of the reasonable suspicion finding, but in no case shall an alcohol test be performed more than eight hours after making the reasonable suspicion finding.
(c) Written Record of Reasonable Suspicion: A written record shall be made of the observations leading to an alcohol or drug test and signed by the supervisor who made the observations, within 24 hours of the observed behavior or before the results of the tests are released, whichever is earlier.
5. Return to Duty and Follow Up Testing: When a driver refuses to submit to a test, has a verified positive drug test result, and/or has a confirmed alcohol test result of 0.04 or greater, the City shall require the employee submit to a drug and/or alcohol test, before returning the employee to duty to perform a safety sensitive function. All testing under this Section shall be in accordance with 49 CFR Part 40, Subpart O.
D. Refusal to Submit to Testing:
1. Acts that Constitute a Refusal to Submit to Testing: In accordance with DOT regulations, a driver who engages in any of the following conduct has refused to submit to a drug and/or alcohol test under this Section:
(a) Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the City, consistent with DOT regulations, after being directed to do so by the City. (b) Fails to remain at the testing site until the testing process is complete, except for an employee who leaves the testing site prior to the commencement of a pre-employment test;
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(c) Fails to provide a urine specimen for any drug test, except for an employee who leaves the testing site prior to the commencement of a pre-employment test;
(d) In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the driver’s provision of a specimen;
(e) Fails to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure; (f) Fails or declines to take a second test the City or collector has directed the driver to take;
(g) Fails to undergo a medical examination or evaluation, as directed by the MRO as a part of the verification process, or as directed by the DER when the employee cannot produce a sufficient amount of urine;
(h) Fails to cooperate with any part of the testing process; or (i) Is reported by the MRO as having a verified adulterated or substituted test result.
2. Consequences for Refusal to Submit to Testing:
(a) Applicants: Any applicant who refuses to submit to testing shall be disqualified for employment.
(b) Employees: The City shall treat any refusal to submit to testing by an employee to be both insubordination and as though the employee had tested positive for being under the influence of drugs or alcohol, and the City will act accordingly.
E. Alcohol Testing Procedures: Testing will be performed in strict compliance with DOT regulations for alcohol and drug testing (49 CFR Part 40, as amended) by professionals on contract with the City. A complete copy of 49 CFR Part 40, as amended, is available for review in the Human Resources Department.
F. Drug Testing Procedures: Testing will be performed in strict compliance with DOT regulations for alcohol and drug testing (49 CFR Part 40, as amended) by professionals on contract with the City. A complete copy of 49 CFR Part 40, as amended, is available for review in the Human Resources Department.
G. Medical Review Officer: The City’s MRO shall be qualified under the DOT regulations, and will adhere to all pertinent DOT regulations in performing duties as an MRO. The MRO shall have no relationship with the drug testing laboratory 209 of 247
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that creates a conflict of interest. The City’s MRO shall be qualified employees or contractors of _Star Drug Testing_____________, or other qualified person so designated.
H. Breath Alcohol Technician: The City’s BAT shall be qualified under the DOT regulations, and will adhere to all pertinent DOT regulations in performing duties as a BAT. The City’s BAT shall be qualified employees or contractors of _Star Drug Testing___________, or other qualified person so designated.
I. Testing Laboratory: The City shall only use testing laboratories that are certified by the Department of Health and Human Services under the National Laboratory Certification Program. The testing laboratory must adhere to all requirements set forth in the DOT regulations. The drug testing laboratory and the MRO may not have any relationship that creates a conflict of interest. The City’s drug testing laboratory is _Quest Diagnostics_________ The City’s alcohol testing laboratory is Quest Diagnostics________.
J. Consequences of a Positive Test or a Refusal to Test:
1. Pre-Employment Test: An applicant whose test results are positive for any illegal drug or alcohol will not be hired.
2. Transfer, Reasonable Suspicion, Post-Accident, Return-to-Duty, or Random Tests:
(a) Drugs:
(1) A driver who refuses to submit to an alcohol test under this Policy shall not be permitted to perform safety sensitive functions.
(2) As a City policy in addition to DOT/FMCSA regulations, a driver whose test results are positive for any illegal drug will be subject to disciplinary action, up to and including
termination.
(3) A driver who receives a verified positive drug test result shall be placed off work and shall be referred to an SAP for
evaluation. The SAP shall make a determination as to
whether the employee requires rehabilitation, and if so, shall recommend a course of rehabilitation to be completed under the City’s EAP.
(4) A driver whose test results are positive for a legal drug which has not been approved by the City’s MRO for use by that employee at work (or such authorization has been revoked) may be placed off work pending the employee obtaining
such approval.
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(b) Alcohol:
(1) A driver who refuses to submit to an alcohol test under this Policy shall not be permitted to perform safety sensitive functions.
(2) As a City policy in addition to DOT/FMCSA regulations, a driver whose test results are positive for alcohol will be subject to disciplinary action, up to and including termination. (3) A driver whose final test result shows an alcohol percentage of 0.02 or greater but less than 0.04 shall be removed from duty and shall not return to work for eight hours or until a test result below 0.02 is obtained, whichever comes first.
(4) A driver whose final test result shows an alcohol percentage at 0.04 or greater shall be suspended from work and shall be referred to a SAP for evaluation. The SAP shall make a
determination as to whether the employee requires
rehabilitation, and if so, shall recommend a course of
rehabilitation to be completed under the City’s EAP.
K. Employee Admission of Drug and/or Alcohol Use:
1. As a City policy in addition to DOT/FMCSA regulations, an employee who admits to alcohol misuse or drug use is subject to the referral, evaluation, and treatment provisions of the DOT drug testing regulations discussed above when the following conditions are met:
(a) The driver does not self-identify in order to avoid drug or alcohol testing under this Policy;
(b) The driver makes the admission of alcohol misuse or drug use prior to performing a safety sensitive function; and
(c) The driver does not perform a safety sensitive function until the City is satisfied that the employee has been evaluated and has successfully completed education or treatment.
2. In the event that all of the above criteria are not met, the employee remains subject to all DOT regulations regarding referral, evaluation, and treatment.
Reporting of Drug-Related Convictions: As a City policy in addition to DOT/FMCSA regulations, a conviction of a felony for use, offer to sell, purchase or obtain possession, sale, manufacture, distribution, or dispensation of illegal 211 of 247
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drugs, or for abuse of legal drugs, is grounds for immediate termination.
Employees must notify their immediate supervisor within five days of any arrest or conviction of a criminal drug statute and any arrest or conviction of a criminal statute relating to alcohol, including but not limited to driving under the influence.
Failure to do so is grounds for immediate termination.
L. Condition of Employment: As a City policy in addition to DOT/FMCSA regulations, compliance with this Policy is a condition of employment. Failure or refusal of an employee to cooperate fully, sign any required document, submit to any inspection or test, or follow any prescribed course of substance abuse treatment is grounds for termination.
M. Clearinghouse: The City shall not allow an employee to perform safety-sensitive functions without conducting a pre-employment query of the DOT Clearinghouse strict compliance with DOT/FMCSA regulations for alcohol and drug clearinghouse (49 CFR Part 382.701 et seq., as amended). The City shall not conduct any query without employee consent and shall conduct an annual query of consenting drivers as required by DOT/FMCSA regulations. Additionally, the City or its designated service agent(s), MRO, and/or SAP shall report the following required information to the Clearinghouse within the required time and maintain necessary documentation as required by DOT/FMCSA regulations:
1. A verified positive, adulterated, or substituted drug test result;
2. An alcohol confirmation test with a concentration of 0.04 or higher;
3. refusal to submit to any test required by DOT/FMCSA regulations;
4. A report of actual knowledge that an employee has used alcohol on duty, used alcohol within four hours of coming on duty, used alcohol prior to postaccident testing, or has used a controlled substance;
5. A SAP report of the successful completion of the return-to-duty process;
6. A negative return-to-duty test; and
7. A report of completion of follow-up testing.
A complete copy of 49 CFR Part 382, as amended, is available for review in the Human Resources Department.
N. Confidentiality: The City shall make every effort to assure confidentiality throughout the testing process and to protect the individual dignity and right to privacy of all employees. Personal data regarding the drug and alcohol testing results and EAP evaluations will be forwarded only to the MRO or the SAP and are confidential. Except as required by law, or expressly authorized or required by the regulations, the City shall not release any information from the records it is required to maintain, except as required to be disclosed or reported under the 212 of 247
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regulations. The employee, upon written request, is entitled to obtain copies of any records pertaining to the employee’s drug and alcohol testing. 213 of 247
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CITY OF BUELLTON
ELECTRONIC COMMUNICATIONS POLICY
I. PURPOSE
This Policy was created to advise all users regarding the access to and the disclosure of information created, transmitted, received and stored via the use of land-line telephones, City-owned cellular phones, the Internet, City E-mail, computer systems, Electronic Storage Systems or any Electronic Communications Device used to conduct City business. This policy also identifies the appropriate use of City cellular phones, ownership of City cellular phones, and addresses privacy of any data contained on or transmitted using City cellular phones, as outlined under this policy.
The City’s Policy regarding the use of the Electronic Communications Systems, including, but not limited to, Internet, intranet, and E-mail is, among other things, intended to guide you on the performance of your duties as a City employee or official. This Policy is also intended to place all users on notice that they should have no expectation of privacy when using any of the City’s Electronic Communications Systems.
The City reserves the right to monitor Internet use, all E-mail, and other computer transmissions, land-line telephones, City-owned cellular phones, as well as any information stored, created, or received by any user within any of the City’s Electronic Communications Systems. The reservation of this right is to ensure that public resources are not being wasted and to ensure that the City’s Electronic Communications Systems are operating as efficiently as possible in order to protect the public interest. All computer applications, programs, any information, whether work-related or personal, accessed, created, transferred, or stored by any user on the City’s information system, are strictly City property.
This Policy addresses general City-wide Internet policies, specific issues related to appropriate content and use of departmental pages, and employee use of Internet and E-mail. All departments, employees, officials, and users are required to follow these general policies and guidelines. The law and associated policy regarding the use of Internet, E-mail, and voice mail are continually evolving, and to the extent reasonable, this Policy will be interpreted and applied consistently with those evolving standards. The City reserves the right to amend this Policy at any time without prior notice.
No user may access the City’s Electronic Communications Systems, nor use any Electronic Communications Device without reading and complying with the procedures set forth in this Policy.
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CITY OF BUELLTON
ELECTRONIC COMMUNICATION POLICY
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