CITY OF BUELLTON
CITY COUNCIL AGENDA
Regular Meeting of May 14, 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
1. Proclamation Recognizing Teacher Appreciation Week, May 4-8, 2026
2. Proclamation Recognizing National Peace Officers’ Memorial Day, May 15, 2026, and National Police Week, May 15-21, 2026
3. Proclamation Recognizing National Military Appreciation Month – May 2026 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 May 14, 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 Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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.
4. Minutes of April 9, 2026, Regular City Council Meeting
5. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2025/2026
6. Monthly Treasurer’s Report – March 31, 2026
(Staff Contact: Finance Director Shannel Zamora)
7. Approval of Bond Release for Rio Vista Car Wash Project (Staff Contact: Public Works Director Rose Hess)
8. Award of Bid for Purchase of Recreation Van
(Staff Contact: Public Works Director Rose Hess)
9. Resolution No. 26-11 - “A Resolution of the City Council of the City of Buellton, California, Adopting the Fiscal Year 2026/2027 List of Projects Funded by SB1: The Road Repair and Accountability Act of 2017”
(Staff Contact: Public Works Director Rose Hess)
10. Resolution No. 26-08 - “A Resolution of the City Council of the City of Buellton, California, Adopting Updated Personnel Rules for City Employees, Effective Date:
November 8, 2018 and Effective Date: March 12, 2026”
(Staff Contact: City Clerk/H.R. Director Linda Reid)
PUBLIC HEARINGS (POSSIBLE ACTION)
11. Ordinance No. 26-04 – “An Ordinance of the City Council of the City of Buellton, California, Revising Floodplain Management, Chapter 8.06, of the Buellton Municipal Code (Introduction and First Reading)
(Staff Contact: Public Works Director Rose Hess)
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.
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. 2 of 316
City Council Meeting Agenda Page 3 May 14, 2026
BUSINESS ITEMS (POSSIBLE ACTION)
12. Request for Reimbursement for Damages and Rent Abatement from Santa Ynez Valley Horseback Rides
(Staff Contact: City Manager Scott Wolfe)
13. CalPERS Pension Funding Update and Discussion and Direction on Options for Reducing the City’s CalPERS Pension Unfunded Accrued Liability (UAL) (Staff Contact: Finance Director Shannel Zamora)
14. Resolution No. 26-10 – “Establishing an Annual Cost-of-Living Adjustment (COLA) for All Regular Full-Time Employees Based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Los Angeles–Long Beach– Anaheim, CA Area”
(Staff Contact: Finance Director Shannel Zamora)
CITY MANAGER’S REPORT
CLOSED SESSION ITEMS (POSSIBLE ACTION)
15. Closed Session Pursuant to California Government Code Section 54956.9(d)(4) Potential Initiation of Litigation
16. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Section 54956.9(d)(2) and (e)(3):
(1 case) Pursuant to Subsection (e)(3), the Written Communication Received by the City is the Notice of Commencement of Action, Dated May 6, 2026, from Attorney Christopher R. Guillen of Brownstein Hyatt Farber Schreck, LLC, and is Attached to the Council packet.
ADJOURNMENT
The next regular meeting of the City Council will be held on Thursday, May 28, 2026, at 6:00 p.m.
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PROCLAMATION RECOGNIZING
TEACHER APPRECIATION WEEK - May 4-8, 2026
WHEREAS, the City of Buellton's future strength depends on providing a high-quality education to all students; and
WHEREAS, teacher quality matters more to student achievement than any other school-related factor; and
WHEREAS, teachers spend countless hours preparing lesson plans and supporting students; and
WHEREAS, our community recognizes and supports its teachers in educating the children of this community; and
WHEREAS, #TeachersCan is a statewide movement supported by more than 150 partnering businesses and organizations committed to elevating the teaching profession and honoring the critical role teachers play in the success of Buellton.
NOW, THEREFORE, I, David Silva, Mayor of the City of Buellton, on behalf of the Buellton City Council, hereby proclaim the week of May 4-8, 2026 as TEACHER APPRECIATON WEEK in the City of Buellton and urge all citizens to recognize and support the efforts of our teachers.
PRESENTED this 14th day of May 2026.
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PROCLAMATION RECOGNIZING
NATIONAL PEACE OFFICERS' MEMORIAL DAY, MAY 15, 2026
NATIONAL POLICE WEEK, MAY 15-21, 2026
WHEREAS, The Congress and the President of the United States have adopted Public Law 87-54, designating May 15th as Peace Officers' Memorial Day in recognition of law enforcement officers nationwide who have sacrificed their lives or been disabled in the performance of their duties; and
WHEREAS, Public Law 87-54 also designates the week in which May 15th falls as National Police Week in recognition of the service provided by thousands of federal, state, and local law enforcement officers; and
WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of those who dedicate their lives to the law enforcement profession, and to keeping our communities safe; and
WHEREAS, Police Officers throughout the state and nation risk their lives on a daily basis to maintain peace within the community and protect the lives and property of our citizens; and WHEREAS, the members of the Santa Barbara County Sheriffs Department and local CHP Officers provide a vital public service, safeguarding the rights and freedoms of the citizens of the City of Buellton.
NOW, THEREFORE, I, Mayor David Silva and the Buellton City Council, do hereby recognize May 15, 2026, as NATIONAL PEACE OFFICERS' MEMORIAL DAY AND May 15- 21, 2026, as NATIONAL POLICE WEEK in the CITY OF BUELLTON and encourage the community to join in this observance.
PRESENTED this 14th day of May 2026.
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PROCLAMATION RECOGNIZING
NATIONAL MILITARY APPRECIATION MONTH - MAY 2026
WHEREAS, in 2004, the United States Congress passed a resolution proclaiming May as National Military Appreciation Month, encouraging all citizens to honor current and former members of the U.S. Armed Forces and their families, including those who made the ultimate sacrifice; and WHEREAS, the month of May was selected for this display of patriotism because during this month we celebrate Victory in Europe (VE) Day, Military Spouse Day, Loyalty Day, Armed Forces Day, National Day of Prayer, and Memorial Day; and
WHEREAS, the rights of life, liberty, and the pursuit of happiness, enumerated in our Declaration of Independence, secured by the Constitution and the Bill of Rights, and enjoyed by every citizen of the United States, are secured by the dedication of members of the United States Armed Forces; and
WHEREAS, Military Appreciation Month honors the current and former members of the United States Armed Forces, including those who have died in the pursuit of freedom; and WHEREAS, The sacrifices made by all members of the united States Armed Forces and their loved ones are to be valued; and
WHEREAS, on this month, and throughout the year, citizens of Buellton express our gratitude and commitment to Buellton service members, veterans, and their families who have dedicated their lives in defense of our freedoms.
NOW, THEREFORE, I, Mayor David Silva and the Buellton City Council, do hereby recognize May 2026 as "NATIONAL MILITARY APPRECIATION MONTH" in the CITY OF BUELLTON, and encourage the community to join in this observance.
PRESENTED this 14th day of May 2026.
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City Manager Review: SW
Council Agenda Item No.: 4
CITY OF BUELLTON
CITY COUNCIL MEETING MINUTES
Regular Meeting of April 9, 2026
City Council Chambers, 140 West Highway 246
Buellton, California
CALL TO ORDER
Vice Mayor Mead called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Council Member Elysia Lewis, Council Member John Sanchez, and Vice Mayor Carla Mead
Absent: Council Member Hudson Hornick and Mayor David Silva Staff: City Manager Scott Wolfe, City Attorney Greg Murphy (Via Zoom), Planning Director Andrea Keefer (Via Zoom), Finance Director Shannel Zamora (Via Zoom), Public Works Director Rose Hess (Via Zoom), and Deputy City Clerk Katherine Dary
REORDERING OF AGENDA
None
PRESENTATIONS
1. Proclamation Recognizing National Donate Life Month – April 2026 Scott Burns spoke about organ donation awareness, including the need for donors in California and locally, as well as ongoing outreach efforts and community events. Vice Mayor Mead read the proclamation recognizing April 2026 as National Donate Life Month.
Council Members thanked Mr. Burns for his remarks and expressed their appreciation.
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City Council Meeting Minutes Page 2 April 9, 2026
2. Proclamation Recognizing Sexual Assault & Child Abuse Awareness & Prevention Month
Ann McCarty, Executive Director of the North County Rape Crisis and Child Protection Center, spoke about the importance of community collaboration in preventing sexual assault and child abuse, supporting survivors, and providing education and outreach.
District Attorney John Savrnoch spoke about the importance of supporting victims and community partnerships. Vice Mayor Mead read the proclamation recognizing April 2026 as Sexual Assault and Child Abuse Awareness and Prevention Month in the City of Buellton. Council Members expressed appreciation and emphasized the importance of community awareness and shared responsibility in preventing child abuse and supporting families.
3. Proclamation Recognizing International Dark Sky Week – April 13-20, 2026 Susan Bott, representing the We Watch/Save Our Stars Committee, spoke about the importance of preserving dark skies and reducing light pollution. Vice Mayor Mead read the proclamation recognizing International Dark Sky Week, April 13–20, 2026. Council Members expressed support for the initiative and appreciation for preserving the community’s natural environment and night sky.
4. Proclamation Recognizing National Arbor Day – April 24, 2026 City Manager Wolfe noted there was no recipient for the proclamation recognizing National Arbor Day, as it reflects the City’s ongoing efforts. He highlighted the City’s 1,000 Trees Initiative and noted that prior Arbor Day proclamations helped the City achieve its Tree City USA designation. Vice Mayor Mead read the proclamation recognizing National Arbor Day on April 24, 2026. Council Members expressed appreciation for the initiative and the City’s Tree City USA designation.
PUBLIC COMMENTS
Kevin Little, Buellton, addressed the City Council regarding concerns related to the Buellton Community Garden, including his involvement and experiences with its administration. He requested the City’s attention to the matter.
Denise Johns, Buellton, representing the Santa Ynez Valley Botanic Garden, provided an update and expressed interest in expanding collaboration with the City. She shared information on upcoming community events and programs and requested coordination with City staff.
Carol Erickson Lohnas, Buellton, representing the Santa Ynez Valley Botanic Garden, provided additional updates on upcoming events and programs. She noted ongoing coordination with the City’s Recreation Department and expressed interest in providing more regular updates to the City Council.
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City Council Meeting Minutes Page 3 April 9, 2026
Grey Bear Erickson, Buellton, introduced a new nonprofit, Music and Art Support (MAS), and shared plans for a summer music series in partnership with the Santa Ynez Valley Botanic Garden.
CONSENT CALENDAR
5. Minutes of March 26, 2026, Regular City Council Meeting
6. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2025/2026
7. Approval of the 2026 Buellton Sewer System Management Plan Update (SSMP) MOTION:
Motion by Vice Mayor Mead, seconded by Council Member Lewis, approving Consent Calendar Items 5 through 7 as listed.
VOTE:
Motion passed by a roll call vote of 3-0.
Council Member Lewis – Yes
Council Member Sanchez – Yes
Vice Mayor Mead – Yes
PUBLIC HEARINGS
None
COUNCIL MEMBER COMMENTS/ITEMS
Council Member Sanchez reported a recent vehicle theft in the community and inquired about potential security camera programs and coordination with the Sheriff’s Department.
Vice Mayor Mead provided updates on upcoming community events, including the Farmers Market, a community art project, a Rotary Club clean-up event, and local theatre performances. She also expressed appreciation for staff efforts related to the City’s Tree City USA designation.
WRITTEN COMMUNICATIONS
None
COMMITTEE REPORTS
None
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City Council Meeting Minutes Page 4 April 9, 2026
BUSINESS ITEMS
8. Review of Annual Comprehensive Financial Report (ACFR) for the Fiscal Year Ended June 30, 2025
RECOMMENDATION:
That the City Council review and file the Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2025.
STAFF REPORT:
Finance Director Zamora presented the staff report.
DOCUMENTS:
Staff report with attachments as listed in the staff report.
SPEAKERS/DISCUSSION:
The City Council expressed appreciation to Finance Director Zamora and the Finance staff for their work in completing the ACFR.
MOTION:
Motion by Council Member Lewis, seconded by Council Member Sanchez, to receive and file the Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2025.
VOTE:
Motion passed by a roll call vote of 3-0.
Council Member Lewis - Yes
Council Member Sanchez – Yes
Vice Mayor Mead - Yes
CITY MANAGER’S REPORT
City Manager Wolfe provided an informational report for the record.
CLOSED SESSION ITEMS
9. Closed Session Pursuant to California Government Code Section 54956.9(d)(4) Potential Initiation of Litigation
10. 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 Items 9 and 10. No reportable action was taken.
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City Council Meeting Minutes Page 5 April 9, 2026
ADJOURNMENT
Vice Mayor Mead adjourned the regular meeting at 7:18 p.m. The next regular meeting of the City Council will be held on Thursday, May 14, 2026, at 6:00 p.m. The regular City Council meeting of April 23, 2026, has been canceled.
____________________________
Carla Mead
Vice Mayor
ATTEST:
_____________________________
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.: 5
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: May 14, 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 3/28/2026 through 5/01/2026 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 3/28/2026 through 5/01/2026 was $1,344,661.18.
FISCAL IMPACT
Payments made to the various vendors were consistent with the approved City’s Budget for 3/28/2026 through 5/01/2026. 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 3/28/2026 through 5/01/2026.
ATTACHMENTS
Attachment 1 – Claims
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EXHIBIT A - A/P Packets processed
A/P Packet# APPKT04596 290,518.47
A/P Packet# APPKT04713 36,941.11
A/P Packet# APPKT04716 3,543.40
A/P Packet# APPKT04717 14,800.00
A/P Packet# APPKT04720 272,764.00
A/P Packet# APPKT04722 -1,732.40
A/P Packet# APPKT04723 18,452.92
A/P Packet# APPKT04726 -2,460.00
A/P Packet# APPKT04728 2,460.00
A/P Packet# APPKT04729 22,231.19
A/P Packet# APPKT04730 61,692.48
A/P Packet# APPKT04776 1,135.65
A/P Packet# APPKT04828 25,147.29
A/P Packet# APPKT04830 17,904.92
A/P Packet# APPKT04840 44,178.19
A/P Packet# APPKT04841 81,629.35
A/P Packet# APPKT04883 3,848.49
A/P Packet# APPKT04886 27,329.06
A/P Packet# APPKT04887 43,386.24
A/P Packet# APPKT04914 24,439.99
A/P Packet# APPKT04916 17,384.23
A/P Packet# APPKT04917 7,187.51
A/P Packet# APPKT04931 3,337.22
A/P Packet# APPKT04932 42,219.83
A/P Packet# APPKT04959 19,632.63
A/P Packet# APPKT04961 857.40
Total A/P Packets: $1,078,829.17 (23 pages)
Total Disbursement: $1,078,829.17
Payroll processed
Staff Payroll 4/3/2026 94,938.22
Staff Payroll 4/17/2026 86,530.37
City Council Payroll 4/23/2026 2,145.90
Staff Payroll 5/1/2026 82,217.52
Total Payroll: $265,832.01
TOTAL AMOUNT OF CLAIMS:
$1,344,661.18
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 March 28, 2026 through May 1, 2026 for ratification by the City Council at the May 14, 2026 City Council Meeting.
\\fileserver\Users\Finance_Shared\CLAIMS APPROVALS\Claims Approval FY2025-2026 SZ 5/5/2026 13 of 316
Payment
Number
21 48147
48148
48149
48150
48151
48152
48153
48154
48155
48156
48157
Check Disbursements - City Council - May 14, 2026
City of Buellton, CA By Payment Number
Payment Dates 3/28/2026 - 5/1/2026
Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 4/3/2026 000450 SB CO SHERIFF'S DEPARTMENT 272,764.00
2800 MAR 2026 - LAW ENFORCEMENT SERVICES 001-501-60800 256,701.00 2800 FEB 2026 - MOTOR DEPUTY FLEET COSTS 001-501-60805 109.00 2800 MAR 2026 - LAW ENFORCEMENT SERVICES - MOTOR DEPUTY 001-501-60805 15,954.00 4/3/2026 000365 PEOPLE HELPING PEOPLE 13,600.00
3620 FY 2023/2024 COMMUNITY ORGANIZATION SUPPORT GRANT 001-410-67200 13,600.00 4/3/2026 001390 SCOTT WOLFE 1,200.00
001390-042026 APR 2026 - MERP REIMBURSEMENT PER CONTRACT 001-402-50400 1,200.00 4/9/2026 000395 JOSE RAFAEL RUIZ dba 2,460.00
2333-1 MAR 2026 - RVP/OP - JANITORIAL SERVICES 001-552-60800 2,460.00 4/10/2026 000820 ACWA/JPIA 3,843.88
0709032 MAY 2026 - DENTAL/VISION/EAP PREMIUMS 001-401-50400 768.25 0709032 MAY 2026 - DENTAL/VISION/EAP PREMIUMS 001-402-50400 247.00 0709032 MAY 2026 - DENTAL/VISION/EAP PREMIUMS 001-403-50400 165.71 0709032 MAY 2026 - DENTAL/VISION/EAP PREMIUMS 001-410-50400 302.88 0709032 MAY 2026 - DENTAL/VISION/EAP PREMIUMS 001-420-50400 210.93 0709032 MAY 2026 - DENTAL/VISION/EAP PREMIUMS 001-511-50400 497.84 0709032 MAY 2026 - DENTAL/VISION/EAP PREMIUMS 001-558-50400 656.75 0709032 MAY 2026 - DENTAL/VISION/EAP PREMIUMS 001-565-50400 307.84 0709032 MAY 2026 - DENTAL/VISION/EAP PREMIUMS 005-701-50400 343.34 0709032 MAY 2026 - DENTAL/VISION/EAP PREMIUMS 020-601-50400 343.34 4/10/2026 000638 ADVANCED AUTOMOTIVE SOLUTIONS INC 1,380.94 045098 03/25/26 - WTP - VEHICLE MAINT/REPAIRS VIN 4976 020-601-60270 1,380.94 4/10/2026 002058 AMAZON 477.24
1493-Y9C6-WCKM 02/15/26 - 03/14/26 - PLNG - AMAZON ORDERS 001-565-61130 97.26 1GMY-JQXY-WWDR 02/15/26 - 03/14/26 - COB - AMAZON ORDERS 001-410-61130 37.71 1H4T-CRQG-QX7V 02/15/26 - 03/14/26 - COB - AMAZON ORDERS 001-410-60900 73.53 1KF1-KPRL-WPXQ 02/15/26 - 03/14/26 - REC - AMAZON ORDERS 001-511-60250 17.19 1KF1-KPRL-WPXQ 02/15/26 - 03/14/26 - REC - AMAZON ORDERS 001-511-61130 207.56 1KF1-KPRL-WPXQ 02/15/26 - 03/14/26 - REC - AMAZON ORDERS 001-511-67570 28.54 1YVM-RQXM-VKRD 02/15/26 - 03/14/26 - PW - AMAZON ORDERS 001-558-60210 15.45 4/10/2026 002054 Boyd & Associates 1,752.00
376285 APR - JUN 2026 - CH - ALARM SYSTEM MONITORING 001-410-60800 174.00 376286 APR - JUN 2026 - USPS - ALARM SYSTEM MONITORING 001-558-60800 414.00 376287 APR - JUN 2026 - PARKS - ALARM SYSTEM MONITORING001-558-60210 990.00 376288 APR - JUN 2026 - PLNG - ALARM SYSTEM MONITORING 001-410-60800 174.00 4/10/2026 001931 BRIAN JOSEPH CAMPBELL 50.00
001931-03272026 03/05/26 - PLNG - PLANNING COMMISSION MEETING 001-565-50010 50.00 4/10/2026 000063 BUELLTON UNION SCHOOL DISTRICT 442.49
INV26-00161 03/31/26 - REC - 50% JOINT USE MAINT/REPAIR ITEMS 001-511-60250 442.49 4/10/2026 000105 CITY OF BUELLTON 766.91
000105-03252026 02/25/26 - 03/25/26 IRRIGATION 595 2ND OAK VALLEY001-552-61211 766.91 4/10/2026 000122 COMCAST CABLE 351.40
0114343-03222026 03/26/26 - 04/25/26 - CH - INTERNET SERVICE 001-410-61292 351.40 5/4/2026 6:08:43 PM Page 1 of 23
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Payment
Number
48158
48159
48160
48161
48162
48163
48164
48165
48166
48167
48168
48169
48170
48171
48172
48173
48174
48175
Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 4/10/2026 000122 COMCAST CABLE 301.40
0209119-03252026 03/29/26 - 04/28/26 - WWTP - INTERNET SERVICE 005-701-60210 301.40 4/10/2026 000122 COMCAST CABLE 328.97
0104898-03202026 03/25/26 - 04/24/26 - REC - INTERNET SERVICES 001-511-61290 328.97 4/10/2026 001827 DANIEL CONTRERAS 50.00
001827-03272026 03/05/26 - PLNG - PLANNING COMMISION MEETING 001-565-50010 50.00 4/10/2026 001040 FRONTIER COMMUNICATIONS 374.67
102401-5-03192026 03/19/26 - 04/18/26 - CCC - TELEPHONE SERVICE 001-410-67705 374.67 4/10/2026 000142 LOGAN R. FITZGERALD dba 3,325.00
000142-04012026 MAR 2026 - CH/LIB/PKS - JANITORIAL SERVICES 001-552-60800 990.00 000142-04012026 MAR 2026 - CH/LIB/PKS - JANITORIAL SERVICES 001-558-60800 2,335.00 4/10/2026 001225 MARCILO SARQUILLA 50.00
001225-03272026 03/05/26 - PLNG - PLANNING COMMISSION MEETING 001-565-50010 50.00 4/10/2026 000342 NIELSEN BUILDING MATERIALS,INC 434.99
000342-03312026 MAR 2026 - PW - FIN CHARGE 001-558-60900 1.42 258932 02/27/26 - PW - MAINT/REPAIR ITEMS 001-558-60250 94.40 259824 03/05/26 - PW - MAINT/REPAIR ITEMS 001-558-60250 14.11 260352 03/09/26 - PW - MAINT/REPAIR ITEMS 001-558-60250 34.90 260652 03/10/26 - WTP - SAFETY EQUIPMENT 020-601-67600 27.17 261197 03/13/26 - WTP - SAFETY EQUIPMENT 020-601-67600 81.55 261471 03/16/26 - WTP - MAINT/REPAIR ITEMS 020-601-60250 118.33 263463 03/27/26 - PW - MAINT/REPAIR ITEMS 001-558-60250 13.04 263761 03/30/26 - PW - MAINT/REPAIR ITEMS 001-558-60250 32.54 263762 03/30/26 - WTP - SUPPLIES 020-601-61140 17.53
4/10/2026 001983 PRIMO BRANDS 320.71
16C0029022365 02/27/26 - 03/26/26 - DRINKING WATER 001-410-60800 320.71 4/10/2026 001568 ROSA HERNANDEZ 400.00
001568-03302026 03/30/26 - PARK DEPOSIT REFUND 001-22510 400.00 4/10/2026 002074 SAN DIEGO CENTRE for ORGANIZATION EFFECTIVENESS 1,199.00 TCFOE5478 03/25/26 - CM - SB REGIONAL SUPERVISORS ACADEMY 001-402-60710 1,199.00 4/10/2026 002073 SANTA YNEZ VALLEY PRIDE 4,000.00
COMMUNITY2526 2025-2026 COMMUNITY ORGANIZATION SUPPORT 001-410-67200 4,000.00 4/10/2026 001781 SARAH COTE 100.05
001781-04022026 04/02/26 - FIN - MILEAGE REIMB - FEMA TRAINING 001-420-60710 100.05 4/10/2026 001745 SHANNON REESE 50.00
001745-03272026 03/05/26 - PLNG - PLANNING COMMISSION MEETING 001-565-50010 50.00 4/10/2026 000507 SoCalGas 47.51
8592-0-03302026 02/25/26 - 03/26/26 - VB - UTILITIES - GAS 001-410-61230 47.51 4/10/2026 000507 SoCalGas 14.30
5078-2-03312026 02/26/26 - 03/27/26 - LIBRARY - UTILITIES - GAS 001-510-61230 14.30 4/10/2026 000507 SoCalGas 25.27
9000-8-03272026 02/24/26 - 03/25/26 - CCC/SC - UTILITIES - GAS 001-410-61230 25.27 4/10/2026 000507 SoCalGas 113.01
9000-4-03272026 02/24/26 - 03/25/26 - CH - UTILITIES - GAS 001-410-61230 113.01 4/10/2026 001771 SYV COMMUNITY OUTREACH 425.00
001771-03312026 03/31/26 - COB - STAFF LUNCH 001-410-60900 425.00 5/4/2026 6:08:43 PM Page 2 of 23
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Payment
Number
48176
48177
48178
48179
48180
48181
48182
48183
48184
48185
48186
48187
48188
48189
48190
48191
48192
48193
Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 4/10/2026 000379 U.S. POSTAL SERVICE 370.00
000379-052026-27 POSTAGE - PRESORTED RATE FEE - WATER/SEWER 005-701-61131 185.00 000379-052026-27 POSTAGE - PRESORTED RATE FEE - WATER/SEWER 020-601-61131 185.00 4/10/2026 000379 U.S. POSTAL SERVICE 650.00
000379-042026 APR 2026 - POSTAGE FOR WATER/SEWER 005-701-61131 325.00 000379-042026 APR 2026 - POSTAGE FOR WATER/SEWER 020-601-61131 325.00 4/10/2026 000904 US BANK EQUIPMENT FINANCE 586.45
578586547 03/20/26 - 04/20/26 - PLNG - COPIER LEASE 001-565-60310 586.45 4/17/2026 001213 AMELIA MARTIN 100.00
001213-04062026 04/06/26 - REFUND PARK DEPOSIT AREA D 001-22510 100.00 4/17/2026 000063 BUELLTON UNION SCHOOL DISTRICT 11,758.51 INV26-00176 APR-JUN 2026 - REC - JANITORIAL SERVICES/UTILITIES 001-511-60800 11,758.51 4/17/2026 001847 CATERPILLAR FINANCIAL SERVICES CORPORATION 2,042.51 38379472 MAY 2026 - PW - TRACTOR LEASE PAYMENT 001-558-73500 680.97 38379472 MAY 2026 - PW - TRACTOR LEASE PAYMENT 005-701-73500 680.77 38379472 MAY 2026 - PW - TRACTOR LEASE PAYMENT 020-601-73500 680.77 4/17/2026 001884 DEVON DEFAZIO 267.14
001884-04142026 04/14/26 - PLNG - TRAVEL EXPENSE REIMBURSEMENT 001-565-60710 267.14 4/17/2026 001352 FATIMA RUIZ 100.00
001352-04132026 04/13/26 - PARK DEPOSIT REFUND 001-22510 100.00 4/17/2026 001028 Hinderliter de Llamas and Associates (hdl) 1,926.43 SIN061323 JAN - MAR 2026 - CONTRACT SERVICES SALES TAX 001-420-60800 1,926.43 4/17/2026 000352 P G & E 993.41
80625-7-04082026 03/10/26 - 04/07/26 - LIBRARY - UTILITIES ELECTRIC 001-558-61241 993.41 4/17/2026 000132 SB CO ANIMAL SVCS, HEALTH & REG 25,834.00 FY25-26 Q1 07/01/25 - 09/30/25 - SHELTER & FIELD SERVICES 001-410-60015 12,917.00 FY25-26 Q2 10/01/25 - 12/31/25 - SHELTER & FIELD SERVICES 001-410-60015 12,917.00 4/17/2026 001071 Tractor Supply Co 165.19
5092-03302026 MAR 2026 - MAINT/REPAIR/MATL'S/SUPPLIES 001-552-60258 39.79 5092-03302026 MAR 2026 - MAINT/REPAIR/MATL'S/SUPPLIES 001-558-60250 11.28 5092-03302026 MAR 2026 - MAINT/REPAIR/MATL'S/SUPPLIES 001-558-61140 49.49 5092-03302026 MAR 2026 - MAINT/REPAIR/MATL'S/SUPPLIES 020-601-61140 64.63 4/17/2026 000862 TYLER TECHNOLOGIES, INC. 991.00
025-547946 01/01/26 - 03/31/26 - UB - INSITE TRANSACTION FEES 005-701-60210 493.75 025-547946 01/01/26 - 03/31/26 - UB - INSITE TRANSACTION FEES 020-601-60210 493.75 025-548487 01/01/26 - 03/31/26 SUBSCRIPTION - UB NOTIFICATION005-701-60210 1.75 025-548487 01/01/26 - 03/31/26 SUBSCRIPTION - UB NOTIFICATION020-601-60210 1.75 4/24/2026 000122 COMCAST CABLE 331.45
0207915-04132026 04/18/26 - 05/17/26 - CCC - INTERNET SERVICES 001-410-61292 331.45 4/24/2026 001884 DEVON DEFAZIO 1,705.65
V001884-04142026-2 04/22/26 - PLNG - TRAVEL EXPENSE REIMB - LODGING 001-565-60710 791.28 V001884-04142026-2 04/22/26 - PLNG - TRAVEL EXPENSE REIMB - LODGING 001-565-60715 914.37 4/24/2026 002075 JOHANA SOTO 100.00
002075-04132026 04/13/26 - PARK DEPOSIT REFUND 001-22510 100.00 4/24/2026 000342 NIELSEN BUILDING MATERIALS,INC 277.82
265930 04/13/26 - VP - MAINT/REPAIR ITEMS 001-552-60059 277.82 4/24/2026 000352 P G & E 22,930.06
5220532306-7-04132026 03/06/26 - 04/05/26 - UTILITIES - ELECTRIC 001-410-61241 1,416.95 5/4/2026 6:08:43 PM Page 3 of 23
16 of 316
Payment
Number
48194
48195
48196
48197
48198
48199
48200
48201
10957747
Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 5220532306-7-04132026 03/06/26 - 04/05/26 - UTILITIES - ELECTRIC 001-501-61241 289.61 5220532306-7-04132026 03/06/26 - 04/05/26 - UTILITIES - ELECTRIC 001-550-61241 4,905.14 5220532306-7-04132026 03/06/26 - 04/05/26 - UTILITIES - ELECTRIC 001-552-61241 417.32 5220532306-7-04132026 03/06/26 - 04/05/26 - UTILITIES - ELECTRIC 001-556-61241 237.49 5220532306-7-04132026 03/06/26 - 04/05/26 - UTILITIES - ELECTRIC 001-565-61241 1,704.15 5220532306-7-04132026 03/06/26 - 04/05/26 - UTILITIES - ELECTRIC 005-701-61241 8,651.80 5220532306-7-04132026 03/06/26 - 04/05/26 - UTILITIES - ELECTRIC 020-601-61241 5,307.60 4/24/2026 000427 SB CO APCD 681.00
64621 FY 25/26 DIESEL EMERGENCY ENGINE FEE - 107055 E/S 005-701-67575 681.00 4/24/2026 000493 State Water Resources Control Board - SWRCB 727.00 SW-0340319 04/01/26-03/31/27 - LIBR FIELD - ANNUAL PERMIT FEE 092-220-70005 09222070005 727.00 4/24/2026 000556 VERIZON WIRELESS 576.08
6140538684 04/09/26 - 05/08/26 - VERIZON WIRELESS 001-410-60014 6.78 6140538684 04/09/26 - 05/08/26 - VERIZON WIRELESS 001-410-67705 38.35 6140538684 04/09/26 - 05/08/26 - VERIZON WIRELESS 001-511-61290 38.35 6140538684 04/09/26 - 05/08/26 - VERIZON WIRELESS 001-558-60210 40.01 6140538684 04/09/26 - 05/08/26 - VERIZON WIRELESS 001-558-67705 128.09 6140538684 04/09/26 - 05/08/26 - VERIZON WIRELESS 001-565-67705 38.35 6140538684 04/09/26 - 05/08/26 - VERIZON WIRELESS 005-701-67705 116.78 6140538684 04/09/26 - 05/08/26 - VERIZON WIRELESS 020-601-60210 80.01 6140538684 04/09/26 - 05/08/26 - VERIZON WIRELESS 020-601-67705 89.36 5/1/2026 002054 Boyd & Associates 2,506.98
369838 JAN - MAR 2026 - LIB - ALARM SYSTEM MONITORING 001-558-60800 909.99 376270 APR - JUN 2026 - LIB - FIRE ALARM MONITORING 001-558-60800 687.00 376271 APR - JUN 2026 - LIB - ALARM SYSTEM MONITORING 001-558-60800 909.99 5/1/2026 001847 CATERPILLAR FINANCIAL SERVICES CORPORATION 3,332.59 38442834 MAY 2026 - BACKHOE LOADER - LEASE CONTRACT 001-558-73500 1,111.09 38442834 MAY 2026 - BACKHOE LOADER - LEASE CONTRACT 005-701-73500 1,110.75 38442834 MAY 2026 - BACKHOE LOADER - LEASE CONTRACT 020-601-73500 1,110.75 5/1/2026 001040 FRONTIER COMMUNICATIONS 373.84
102401-5-04192026 04/19/26 - 05/18/26 - CCC - TELEPHONE SERVICE 001-410-67705 373.84 5/1/2026 002076 MICHAEL YOUNG 600.00
002076-04162026 04/16/26 - REFUND MMP DEPOSIT 24-ZC-23 075-22415 600.00 5/1/2026 000894 Santa Ynez Valley Hotel Assn., Inc. dba 35,406.42 000894-032026 MAR 2026 - SYVTBID AMOUNT 001-22160 36,129.00 000894-032026 MAR 2026 - SYVTBID ADMIN FEES CREDIT 001-44250 (722.58) 4/14/2026 000193 FIRST NATIONAL BANK OF OMAHA 7,187.51
0577-03182026 K THOMSEN - CREDIT CARD CHARGES THROUGH 03/18/26 001-511-60250 96.94 0577-03182026 K THOMSEN - CREDIT CARD CHARGES THROUGH 03/18/26 001-511-67140 53038-040 764.24 0678-03182026 L REID - CC 03/18/26 IT SRVCS AUG,OCT'25 - JAN'26 001-410-60900 2,500.00 0678-03182026 L REID - CC 03/18/26 IT SRVCS FEB 2026 001-410-60900 500.00 1805-03182026 A FIREY - CREDIT CARD CHARGES THROUGH 03/18/26 001-511-60510 39.00 1805-03182026 A FIREY - CREDIT CARD CHARGES THROUGH 03/18/26 001-511-67140 114.49 1805-03182026 A FIREY - CREDIT CARD CHARGES THROUGH 03/18/26 001-511-67140 53038-040 482.69 1805-03182026 A FIREY - CREDIT CARD CHARGES THROUGH 03/18/26 001-511-67142 40.86 1842-02172026 J VELASQUEZ - CREDIT CARD CHARGES THROUGH 02/17/26 005-701-60270 370.00 1842-03182026 J VELASQUEZ - CREDIT CARD CHARGES THROUGH 03/18/26 005-701-60270 (370.00) 2104-03182026 K DARY - CREDIT CARD CHARGES THROUGH 03/18/26 001-403-60022 75.00 2104-03182026 K DARY - CREDIT CARD CHARGES THROUGH 03/18/26 001-403-60710 25.00 2104-03182026 K DARY - CREDIT CARD CHARGES THROUGH 03/18/26 001-410-60900 19.98 2582-03182026 JC VELASQUEZ - CREDIT CARD CHARGES THROUGH03/18/26 001-558-60250 65.12 5735-03182026 D SILVA - CREDIT CARD CHARGES THROUGH 03/18/26 001-410-60900 43.37 7905-03182026 S WOLFE - CREDIT CARD CHARGES THROUGH 03/18/26 001-402-60710 68.00 5/4/2026 6:08:43 PM Page 4 of 23
17 of 316
Payment
Number
113070294
115423345
759594914
APA000543
APA000544
APA000545
APA000546
APA000547
APA000548
APA000549
APA000550
APA000551
APA000552
Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 7905-03182026 S WOLFE - CREDIT CARD CHARGES THROUGH 03/18/26 001-410-60900 343.81 9012-03182026 A KEEFER - CREDIT CARD CHARGES THROUGH 03/18/26001-565-60710 25.00 9447-03182026 S ZAMORA - CREDIT CARD CHARGES THROUGH 03/18/26001-410-60210 917.83 9447-03182026 S ZAMORA - CREDIT CARD CHARGES THROUGH 03/18/26001-410-61130 591.22 9447-03182026 S ZAMORA - CREDIT CARD CHARGES THROUGH 03/18/26001-420-60710 190.00 9884-03182026 P SMITH - CREDIT CARD CHARGES THROUGH 03/18/26 001-511-67140 284.96 3/31/2026 000782 WAGE WORKS 3,543.40
INV0016713 FSA Account 001-22170 1,421.71
INV0016715 Dependent Day Care Account 001-22172 208.34
INV0016744 FSA Account 001-22170 1,421.68
INV0016746 Dependent Day Care Account 001-22172 208.33
INV0016766 FSA Account 001-22170 283.34
5/1/2026 000782 WAGE WORKS 3,543.40
INV0016774 FSA Account 001-22170 1,421.71
INV0016776 Dependent Day Care Account 001-22172 208.34
INV0016796 FSA Account 001-22170 1,421.68
INV0016798 Dependent Day Care Account 001-22172 208.33
INV0016818 FSA Account 001-22170 283.34
4/2/2026 001897 AMILIA TECHNOLOGIES USA INC. 3,030.86
1595112 MAR 2026 - REC - SOFTWARE SUBSCRIPTION 001-511-60210 879.41 1595112 MAR 2026 - REC - SOFTWARE SUBSCRIPTION 001-511-60211 2,151.45 3/30/2026 000005 ABALONE COAST ANALYTICAL, INC. 637.00
6974 FEB 2026 - WTP - CHEMICALS/ANALYSIS 020-601-61111 637.00 3/30/2026 001483 ALLSTAR HEATING AND AIR CONDITIONING INC 2,773.01 i39652 03/02/26 - CH - HVAC MAINT/REPAIRS 001-558-60250 900.00 i39669 03/05/26 - POLICE STATION - HVAC MAINT/REPAIRS 001-558-60250 431.85 i39670 03/05/26 - SENIOR CENTER - HVAC MAINT/REPAIRS 001-558-60250 225.00 i39700 03/10/26 - PO - HVAC MAINT/REPAIRS 001-558-60250 846.96 i39743 03/18/26 - PO - HVAC MAINT/REPAIRS 001-558-60250 369.20 3/30/2026 000661 AQUA-METRIC SALES, CO. 4,000.00
INV0112914 03/06/26 - 03/05/27 - ANNUAL FLEXREAD SUPPORT 020-15000 2,666.67 INV0112914 03/06/26 - 03/05/27 - ANNUAL FLEXREAD SUPPORT 020-601-60210 1,333.33 3/30/2026 001372 BRENNTAG PACIFIC, INC. 1,462.40
BPI589240 03/18/26 - WTP - CHEMICALS 020-601-61111 1,462.40 3/30/2026 000121 BUELLTON VISITORS BUREAU 37,500.00
000121-042026 APR 2026 - VB - MONTHLY CONTRACT 001-410-67790 37,500.00 3/30/2026 001774 CALIFORNIA CONSULTING, INC. 4,250.00
7782 MAR 2026 - GRANT WRITING SERVICES 001-410-60800 4,250.00 3/30/2026 000107 CITY OF LOMPOC 1,666.66
19647 APR 2026 - TRANSIT SERVICES 027-559-67445 1,666.66 3/30/2026 001649 CIVIC SOLUTIONS 20,376.51
22826 FEB 2026 - PLNG - GENERAL PLAN UPDATE 001-565-60855 20,376.51 3/30/2026 000112 CLARK PEST CONTROL 530.00
39384313 03/03/26 - PD /CCC - PEST CONTROL 001-558-60800 212.00 39384991 03/03/26 - PO - PEST CONTROL 001-558-60800 118.00 39385729 03/12/26 - LIBRARY - PEST CONTROL 001-558-60800 200.00 3/30/2026 000655 COAST NETWORX, INC. 3,972.00
30268 04/04/26 - 04/03/27 FORTINET FIREWALL RENEWAL 001-410-60210 2,754.00 4011477 MAR 2026 - SENTINELONE - ENDPOINT SECURITY 001-410-60210 423.00 MSP-4011462 MAR 2026 - MONTHLY - GUARDIAN MSP SEVICES 001-410-60210 795.00 5/4/2026 6:08:43 PM Page 5 of 23
18 of 316
Payment
Number
APA000553
APA000554
APA000555
APA000556
APA000557
APA000558
APA000559
APA000560
APA000561
APA000562
APA000563
APA000564
APA000565
APA000566
APA000567
APA000568
Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 3/30/2026 000118 COASTAL COPY, INC. 1,169.09
1184357 03/11/26 - 04/10/26 - CH - COPIER LEASE 001-410-60310 411.61 1184357 03/11/26 - 04/10/26 - CH - COPIER LEASE OVERAGES 001-410-61130 551.68 1185104 03/17/26 - 04/16/26 - REC - COPIER LEASE 001-511-60310 128.22 1185104 03/17/26 - 04/16/26 - REC - COPIER LEASE OVERAGES 001-511-61130 77.58 3/30/2026 001192 Diaz Automotive and Tires 973.00
001192-02252026 02/25/26 - PW - VEHICLE REPAIRS 001-558-60270 389.20 001192-02252026 02/25/26 - PW - VEHICLE REPAIRS 005-701-60270 291.90 001192-02252026 02/25/26 - PW - VEHICLE REPAIRS 020-601-60270 291.90 3/30/2026 000172 ECHO COMMUNICATIONS 209.65
260400231 APR 2026 - ANS/MSG SERVICE 001-558-60800 69.89 260400231 APR 2026 - ANS/MSG SERVICE 005-701-60800 69.88 260400231 APR 2026 - ANS/MSG SERVICE 020-601-60800 69.88 3/30/2026 000649 FLUID RESOURCE MANAGEMENT, INC. 5,389.85 W26084 02/23/26 - WWTP - MAINT/REPAIR LIFT STATION 005-701-60250 5,389.85 3/30/2026 001430 GSOLUTIONZ, INC. 1,001.21
7038 02/13/26 - 03/12/26 - TELEPHONE SERVICES 001-401-67705 180.33 7038 02/13/26 - 03/12/26 - TELEPHONE SERVICES 001-410-67705 378.68 7038 02/13/26 - 03/12/26 - TELEPHONE SERVICES 001-511-61290 200.61 7038 02/13/26 - 03/12/26 - TELEPHONE SERVICES 001-558-67705 30.05 7038 02/13/26 - 03/12/26 - TELEPHONE SERVICES 001-565-67705 174.28 7038 02/13/26 - 03/12/26 - TELEPHONE SERVICES 005-701-67705 34.85 7038 02/13/26 - 03/12/26 - TELEPHONE SERVICES 020-601-67705 2.41 3/30/2026 000395 JOSE RAFAEL RUIZ dba 2,460.00
2333 MAR 2026 - RVP/OP - JANITORIAL SERVICES 001-552-60800 2,460.00 3/30/2026 001173 JV Outdoor Power Equipment 1,911.27
32222 02/02/25 - PW - GENERATOR MAINT/REPAIRS 001-558-60250 434.86 32255 02/06/26 - PW - EQUIPMENT MAINT/REPAIRS 001-558-60250 153.65 32454 02/25/26 - PW - VEHICLES MAINT/REPAIRS - GATOR 001-558-60270 1,322.76 3/30/2026 000812 KOSMONT & ASSOCIATES, INC. 421.20
2402.4-011 FEB 2026 - PLNG - GPU ECON & MARKET ANALYSIS 001-565-60855 421.20 3/30/2026 001824 KRISTIN ANN NEPERUD MERZ 28,800.00
001824-02242026 2025-2026 COMMUNITY THEATER PROJECT INSTALLMENT 2 001-511-67141 28,800.00 3/30/2026 001631 LINDE GAS & EQUIPMENT INC. 76.84
55621836 02/20/26 - 03/20/26 - WWTP - CYLINDER RENTAL 005-701-61111 76.84 3/30/2026 000142 LOGAN R. FITZGERALD dba 2,840.00
000142-03012026 FEB 2026 - CH/LIB/PKS - JANITORIAL SERVICES 001-552-60800 900.00 000142-03012026 FEB 2026 - CH/LIB/PKS - JANITORIAL SERVICES 001-558-60800 1,940.00 3/30/2026 000310 MARBORG INDUSTRIES 126.00
6772848 02/28/26 - WWTP - ROLL OFF RENTAL 092-706-74100 09270674100 126.00 3/30/2026 000353 MICHAEL J. BOGGESS 125.00
INV-6030 FEB 2026 - WEBSITE MAINTENANCE 001-410-60210 125.00 3/30/2026 000954 MICHAEL MacEACHERM dba 3,600.00
5882 01/09/26 - WWTP - VACCON SEWER MAIN & CHANNELS005-701-60250 1,800.00 5883 01/12/26 - PW - MANHOLE REHAB 005-701-60250 1,800.00 3/30/2026 000669 O'CONNOR & SONS dba 80.00
30451523 03/09/26 - WWTP - PEST CONTROL SERVICES 005-701-60800 80.00 3/30/2026 001589 OILFIELD ENVIRONMENTAL & COMPLIANCE, INC. (OEC) 4,503.00 A260349 FEB 2026 - WWTP - WATER ANALYSIS 005-701-61111 4,503.00 5/4/2026 6:08:43 PM Page 6 of 23
19 of 316
Payment
Number
APA000569
APA000570
APA000571
APA000572
APA000573
APA000574
APA000575
APA000576
APA000577
APA000578
APA000579
APA000580
APA000581
APA000582
APA000583
Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 3/30/2026 000801 O'REILLY AUTOMOTIVE STORES, INC. 112.74 4372-170381 02/05/26 - PW - VEHICLE MAINT/REPAIR ITEMS 001-558-60270 31.87 4372-171547 02/10/26 - PW - VEHICLE MAINT/REPAIR ITEMS 001-558-60270 55.03 4372-172333 02/13/26 - PW - VEHICLES MAINT/REPAIR ITEMS 001-558-60270 25.84 3/30/2026 000861 POLYDYNE INC. 1,738.86
2009462 03/10/26 - WWTP - CHEMICALS 005-701-61111 1,738.86 3/30/2026 000390 QUINN COMPANY 2,091.83
WO030064370 03/06/26 - CATERPILLAR MODEL 426 - EQUIP REPAIRS 001-558-60270 697.41 WO030064370 03/06/26 - CATERPILLAR MODEL 426 - EQUIP REPAIRS 005-701-60270 697.21 WO030064370 03/06/26 - CATERPILLAR MODEL 426 - EQUIP REPAIRS 020-601-60270 697.21 3/30/2026 000848 RAVATT, ALBRECHT & ASSOC, INC. 680.00
725-533REV JULY 2025 - ARCH DSGN REVIEW - DEV PROJECTS 001-22416 90106070 510.00 725-533REV JULY 2025 - ARCH DSGN REVIEW - DEV PROJECTS 001-22416 90101070 170.00 3/30/2026 001510 SANTA MARIA CALIFORNIA NEWS MEDIA INC. dba 108.06 573525 03/19/26 - SYVN - NOTICE OF ADOPTION ORD 26-02 001-403-60520 108.06 3/30/2026 001510 SANTA MARIA CALIFORNIA NEWS MEDIA INC. dba 615.00 567667 02/27/26 - HR - JOURNEYMAN MAINTENANCE AD 001-403-60022 615.00 3/30/2026 001510 SANTA MARIA CALIFORNIA NEWS MEDIA INC. dba 108.06 573534 03/19/26 - SYVN - NOTICE OF ADOPTION ORD 26-01 001-403-60520 108.06 3/30/2026 001510 SANTA MARIA CALIFORNIA NEWS MEDIA INC. dba 85.50 568953 03/05/26 - SYVN - NOTICE PUBLIC HEARING ORD 26-02 001-403-60520 85.50 3/30/2026 001510 SANTA MARIA CALIFORNIA NEWS MEDIA INC. dba 146.13 566076 02/26/26 - SYVN - NOTICE PUBLIC HEARING ORD 26-03 001-403-60520 146.13 3/30/2026 001510 SANTA MARIA CALIFORNIA NEWS MEDIA INC. dba 85.50 568956 03/05/26 - SYVN - NOTICE INTRODUCTION ORD 26-01 001-403-60520 85.50 3/30/2026 001510 SANTA MARIA CALIFORNIA NEWS MEDIA INC. dba 96.78 573560 03/19/26 - SYVN - NOTICE INTRODUCTION ORD 26-03 001-403-60520 96.78 3/30/2026 001956 SOLID WASTE SOLUTIONS, INC. 247.75
1014 FEB 2026 - SB1383/AB939 - ANNUAL REPORT PREP 001-558-60800 GM008-070 247.75 3/30/2026 000465 SP MAINTENANCE SERVICES, INC. 5,306.20 100359 DEC 2025 - ADD'L STREET SWEEPING SERVICES 001-558-60250 1,500.00 100853 FEB 2026 - STREET SWEEPING 001-558-60800 3,806.20 3/30/2026 001851 STATEWIDE TRAFFIC SAFETY AND SIGNS, INC. 1,179.76 03026329 03/12/26 - PW - MAINT/REPAIR ITEMS 001-558-60250 1,179.76 3/30/2026 001111 TETRA TECH, INC. 59,185.50
52548629 JAN 2026 - ENG SRVCS - ENCROACHEMENT PERMITS 025-557-60800 2,593.75 52548630 JAN 2026 - ENG SRVCS - 73 INDUSTRIAL WAY FIGUEROA001-22416 90037-070 250.00 52548631 JAN 2026 - ENG SRVCS - 5-ACRE BLDG INDUSTRIAL WAY001-22416 90044-070 250.00 52548632 JAN 2026 - COB - ENGINEERING SERVICES 001-551-60800 7,300.00 52548632 JAN 2026 - COB - ENGINEERING SERVICES 001-565-60830 1,890.00 52548632 JAN 2026 - COB - ENGINEERING SERVICES 005-701-60830 3,680.00 52548632 JAN 2026 - COB - ENGINEERING SERVICES 020-601-60800 3,320.00 52548632 JAN 2026 - COB - ENGINEERING SERVICES 020-601-60830 1,010.00 52548632 JAN 2026 - COB - ENGINEERING SERVICES 025-554-60800 8,611.25 52548632 JAN 2026 - COB - ENGINEERING SERVICES 029-557-60800 5,540.00 52548632 JAN 2026 - COB - ENGINEERING SERVICES 092-220-71500 09222071500 798.75 52548632 JAN 2026 - COB - ENGINEERING SERVICES 092-322-71500 09232271500 3,129.00 52548632 JAN 2026 - COB - ENGINEERING SERVICES 092-323-71500 09232371500 3,129.00 52548632 JAN 2026 - COB - ENGINEERING SERVICES 092-324-70005 09232470005 1,760.00 52548633 JAN 2026 - ENG SRVCS - POLO VILLAGE 001-22416 90077070 600.00 5/4/2026 6:08:43 PM Page 7 of 23
20 of 316
Payment
Number
APA000584
APA000585
APA000586
APA000587
APA000588
APA000589
APA000590
APA000591
APA000592
APA000593
APA000594
APA000595
APA000596
Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 52548634 JAN 2026 - ENG SRVCS - 430/440 CENTRAL AVE 001-22416 90091070 250.00 52548635 JAN 2026 - ENG SRVCS - GARDEN APTS PSHH 001-22416 90066-070 3,248.75 52548636 JAN 2026 - ENG SRVCS - MCMURRAY HOTELS 001-22416 90084070 743.75 52548637 JAN 2026 - ENG SRVCS - CHANIN WINERY 001-22416 90073070 2,480.00 52548638 JAN 2026 - ENG SRVCS - VILLAGE SENIOR APTS 001-22416 90080070 580.00 52548639 JAN 2026 - ENG SRVCS - HWY 246 & MCMURRAY RD IMPR092-307-71500 09230771500 660.00 52548640 JAN 2026 - ENG SRVCS - HUNDRED HILLS SCHOOL 001-22416 90100070 4,022.50 52548641 JAN 2026 - ENG SRVCS - WATER STORAGE ASSESSMENT020-601-60830 2,840.00 52548642 JAN 2026 - ENG SRVCS - HWY 246 COMMERCIAL CENTER001-22416 90096070 343.75 52548643 JAN 2026 - ENG SRVCS - TERI SUE LN RETAINING WALL 001-22416 80005070 155.00 3/30/2026 001849 THE VALLEY GARDENER OPERATING INC 86,563.16 37973 FEB 2026 - COB LANDSCAPE MAINTENANCE 001-552-60800 19,870.00 37973 FEB 2026 - COB LANDSCAPE MAINTENANCE 001-556-60800 4,640.00 38027 02/23/26 - RVP - MOWING & WEEDEATING 001-552-60258 1,200.00 38060 03/02/26 - WILLEMSEN - LOWER FIELD MOWING 001-552-60800 2,625.00 38090 03/10/26 - PW - IRRIGATION REPAIRS 001-556-60250 303.16 38097 03/13/26 - WILLEMSEN SLOPE - CULVERT REPAIRS 001-551-60250 17,925.00 38097 03/13/26 - WILLEMSEN SLOPE - CULVERT REPAIRS 092-102-74100 09210274100 40,000.00 3/30/2026 000535 UNDERGROUND SERVICE ALERT 25.05
220260093 FEB 2026 - NEW TICKET CHARGES/MONTHLY DB FEES 005-701-60800 12.53 220260093 FEB 2026 - NEW TICKET CHARGES/MONTHLY DB FEES 020-601-60800 12.52 3/30/2026 000765 VICTOR RODRIGUEZ dba 253.29
63011 02/20/26 - PW - VEHICLE MAINT/REPAIR VIN7957 001-558-60270 253.29 3/30/2026 001552 VITAL RECORDS CONTROL (VRC) 125.61
6060755 FEB 2026 - CH - SHREDDING SERVICES 001-410-60900 125.61 3/30/2026 001780 WILLDAN 910.00
00237368 JAN 2026 - PRO SRVCS -HUNDRED HILLS BLDG INSPECTOR001-22416 90100070 910.00 4/10/2026 001803 AMANDA JOHNSON 125.00
001803-04012026 MAR 2026 - REC - STEP CLASS INSTRUCTOR 001-511-67140 125.00 4/10/2026 000035 ASSOCIATED TRANSPORTATION ENGINEERS 3,465.00 1880 04/30/25 - PW - PRO SRVCS - MCMURRAY ROAD SIGNAL092-307-74100 09230774100 1,717.50 2013 09/30/25 - PW - PRO SRVCS - MCMURRAY RD SIGNAL 092-307-74100 09230774100 1,747.50 4/10/2026 000718 AUTOSYS LLC 2,528.33
INV-0463 03/23/26 - WTP - SCADA SERVICE CALL 020-601-60800 1,230.00 INV-0464 03/24/26 - WWTP - SERVICE CALL SCADA 005-701-60800 1,298.33 4/10/2026 000065 BURKE, WILLIAMS & SORENSEN, LLP 29,012.37 362758 FEB 2026 - RETAINER - LEGAL SERVICES FILE 0001 001-404-60840 11,948.00 362760 FEB 2026 - LEGAL SERVICES - FILE 0062 001-404-60840 872.90 362760 FEB 2026 - LEGAL SERVICES - FILE 0019 001-404-60840 842.80 362760 FEB 2026 - LEGAL SERVICES - FILE 0036 001-404-60840 3,896.20 362760 FEB 2026 - LEGAL SERVICES - FILE 0001 001-404-60840 692.30 362760 FEB 2026 - LEGAL SERVICES - FILE 0058 092-307-71200 09230771200 10,760.17 4/10/2026 001774 CALIFORNIA CONSULTING, INC. 4,250.00
7869 APR 2026 - GRANT WRITING SERVICES 001-410-60800 4,250.00 4/10/2026 001943 CAROLINE HOWE 304.50
001943-04022026 MAR 2026 - REC - COUNTRY LINE DANCE INSTRUCTOR 001-511-67140 304.50 4/10/2026 000107 CITY OF LOMPOC 1,666.66
19851 APR 2026 - TRANSIT SERVICES 027-559-67445 1,666.66 4/10/2026 000655 COAST NETWORX, INC. 2,124.25
30269 03/10/26 & 03/19/26 - CH & FIN - IT SERVICES 001-410-60210 843.75 30283 03/31/26 - PLNG - IT SERVICES 001-565-60210 62.50 5/4/2026 6:08:43 PM Page 8 of 23
21 of 316
Payment
Number
APA000597
APA000598
APA000599
APA000600
APA000601
APA000602
APA000603
APA000604
APA000605
APA000606
APA000607
APA000608
APA000609
APA000610
APA000611
APA000612
APA000613
APA000614
Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 4011628 APR 2026 - SENTINELONE - ENDPOINT SECURITY 001-410-60210 423.00 MSP-4011613 APR 2026 - MONTHLY - GUARDIAN MSP SERVICES 001-410-60210 795.00 4/10/2026 002060 Cristina Averseng 25.00
002060-04012026 MAR 2026 - REC - ZUMBA INSTRUCTOR 001-511-67140 25.00 4/10/2026 002055 Cynthia Bittle 300.00
002055-04012026 MAR 2026 - REC - ZUMBA & KICKBOXING INSTRUCTOR 001-511-67140 300.00 4/10/2026 000187 FARM SUPPLY COMPANY 589.24
81357 03/03/26 - RVP - MAINT/REPAIR ITEMS 001-552-60258 51.66 81622 03/17/26 - WTP - MAINT/REPAIR ITEMS 020-601-60250 64.62 81659 03/18/26 - WWTP - MAINT/REPAIR ITEMS 005-701-60250 313.11 81773 03/24/26 - RVP - MAINT/REPAIR ITEMS 001-552-60258 26.67 81774 03/24/26 - PW - MAINT ITEMS (SEE CREDIT MEMO) 001-558-60900 86.16 81775 03/24/26 - PW - RETURN MAINT ITEMS 001-558-60900 (86.16) 81826 03/26/26 - PW - MAINT/REPAIR ITEMS 001-552-60254 86.16 81933 03/31/26 - RVP - MAINT/REPAIR ITEMS 001-552-60258 47.02 4/10/2026 001430 GSOLUTIONZ, INC. 183.11
7379 MAY 2026 - MONTHLY GPS INTERMEDIA/ADMIN FEE 001-410-67705 183.11 4/10/2026 000543 HD SUPPLY, INC. 2,863.22
INV00997764 03/23/26 - WWTP - MAINT/REPAIR ITEMS 005-701-60250 2,863.22 4/10/2026 001820 JO M KNATZ 157.50
001820-04022026 MAR 2026 - REC - JEWELRY CLASS INSTRUCTOR 001-511-67140 157.50 4/10/2026 001433 JULIE EVERETT 465.50
001433-04082026 MAR 2026 - REC - TINY TOTS INSTRUCTOR 001-511-67140 465.50 4/10/2026 011300 KAREN PALMER 125.00
011300-04012026 MAR 2026 - REC - YOGA FITNESS INSTRUCTOR 001-511-67140 125.00 4/10/2026 001930 KASEY RONALD KUMP 50.00
001930-03272026 03/05/26 - PLNG - PLANNING COMMISSION MEETING 001-565-50010 50.00 4/10/2026 002053 Leeanna Sue Bileti 325.00
002053-04012026 MAR 2026 - REC - YOGA & PILATES INSTRUCTOR 001-511-67140 325.00 4/10/2026 001778 LYNNETTE KUFELDT 125.00
001778-04012026 MAR 2026 - REC - YOGA FITNESS INSTRUCTOR 001-511-67140 125.00 4/10/2026 001894 MARCUS RUFFIN 1,176.00
001894-04022026 MAR 2026 - REC - PICKLEBALL LEAGUE INSTRUCTOR 001-511-67140 1,176.00 4/10/2026 001377 MARNA PALSGAARD 351.00
001377-04012026 MAR 2026 - REC - SPIN FITNESS INSTRUCTOR 001-511-67140 351.00 4/10/2026 001384 MCA DIRECT LLC 1,630.67
2026121 2026 - ELECTION MATERIALS 001-401-60013 630.67
2026121 03/27/26 - 03/23/27 - ELECTION CONSULTING SERVICES001-401-60013 1,000.00 4/10/2026 000353 MICHAEL J. BOGGESS 125.00
INV-6042 MAR 2026 - WEBSITE MAINTENANCE 001-410-60210 125.00 4/10/2026 002056 Natalka Morphy 300.00
002056-04012026 MAR 2026 - REC - FITNESS INSTRUCTOR 001-511-67140 300.00 4/10/2026 002033 Nikki Terranova 50.00
002033-04012026 MAR 2026 - REC - MIXXED FIT FITNESS INSTRUCTOR 001-511-67140 50.00 4/10/2026 000801 O'REILLY AUTOMOTIVE STORES, INC. 65.44 4372-176352 03/03/26 - WTP - VEHICLE MAINT/REPAIR ITEMS 020-601-60270 13.46 4372-176419 03/03/26 - PW - MATERIALS/SUPPLLIES 001-552-61140 16.46 5/4/2026 6:08:43 PM Page 9 of 23
22 of 316
Payment
Number
APA000615
APA000616
APA000617
APA000618
APA000619
APA000620
APA000621
APA000622
APA000623
APA000624
APA000625
APA000626
APA000627
Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 4372-177940 03/09/26 - PW - VEHICLE MAINT/REPAIR ITEMS 001-558-60270 15.07 4372-179863 03/17/26 - PW - MATERIALS/SUPPLIES 001-552-61140 20.45 4/10/2026 000870 ROBERT HALF 3,339.88
66046157 WEEK ENDING 03/30/26 - FIN - TEMP ACCT TECH 001-420-50030 1,470.27 66046157 WEEK ENDING 03/30/26 - FIN - TEMP ACCT TECH 005-701-50030 81.68 66046157 WEEK ENDING 03/30/26 - FIN - TEMP ACCT TECH 020-601-50030 81.68 66054357 WEEK ENDING 03/27/26 - FIN - TEMP ACCT TECH 001-420-50030 1,535.63 66054357 WEEK ENDING 03/27/26 - FIN - TEMP ACCT TECH 005-701-50030 85.31 66054357 WEEK ENDING 03/27/26 - FIN - TEMP ACCT TECH 020-601-50030 85.31 4/10/2026 001885 SAIRA DAVISON 225.00
001885-04012026 MAR 2026 - REC - PICKLEBALL INSTRUCTOR 001-511-67140 225.00 4/10/2026 000706 SATCOM GLOBAL, INC. 57.21
AI04260027 MAR 2026 - IRIDIUM SIM CARD GSA PLAN 001-410-60014 57.21 4/10/2026 001808 TERRY NIELSEN 225.00
001808-04012026 MAR 2026 - REC - STEP & STRENGTH INSTRUCTOR 001-511-67140 225.00 4/10/2026 000765 VICTOR RODRIGUEZ dba 5,300.60
62545 03/20/26 - PW - VEHICLE MAINT/REPAIR VIN 4976 001-558-60270 4,661.31 63195 03/09/26 - WWTP - VEHICLE MAINT/REPAIR VIN 0613 005-701-60270 639.29 4/10/2026 001207 WAGEWORKS INC. 162.00
INV8860879 MAR 2026 - HC FSA ADMIN & COMPLIANCE FEES 001-410-50400 162.00 4/17/2026 000005 ABALONE COAST ANALYTICAL, INC. 537.00
6995 MAR 2026 - WTP - CHEMICALS/ANALYSIS 020-601-61111 537.00 4/17/2026 000112 CLARK PEST CONTROL 495.00
39543575 04/01/26 - CH - PEST CONTROL 001-558-60800 165.00 39543576 04/01/26 - PD/CCC - PEST CONTROL 001-558-60800 212.00 39544233 04/01/26 - PO - PEST CONTROL 001-558-60800 118.00 4/17/2026 000598 ENGEL & GRAY, INC. 9,358.97
63X00002 MAR 2026 - WWTP - WASTE HANDLING BIO SOLIDS 005-701-60800 9,358.97 4/17/2026 001430 GSOLUTIONZ, INC. 1,001.30
7494 03/13/26 - 04/12/26 - TELEPHONE SERVICES 001-401-67705 180.36 7494 03/13/26 - 04/12/26 - TELEPHONE SERVICES 001-410-67705 378.74 7494 03/13/26 - 04/12/26 - TELEPHONE SERVICES 001-511-61290 200.56 7494 03/13/26 - 04/12/26 - TELEPHONE SERVICES 001-558-67705 30.06 7494 03/13/26 - 04/12/26 - TELEPHONE SERVICES 001-565-67705 174.31 7494 03/13/26 - 04/12/26 - TELEPHONE SERVICES 005-701-67705 34.86 7494 03/13/26 - 04/12/26 - TELEPHONE SERVICES 020-601-67705 2.41 4/17/2026 002021 Optimized Investment Partners, LLC 1,684.02 1635 MAR 2026 - INVESTMENT ADVISORY SERVICES 001-420-60800 1,684.02 4/17/2026 000861 POLYDYNE INC. 1,738.86
2018414 04/10/26 - WWTP - CHEMICALS 005-701-61111 1,738.86 4/17/2026 000870 ROBERT HALF 3,030.12
66056195 WEEK ENDING 03/27/26 - TEMP ADMIN ANALYST 001-402-50000 615.13 66056195 WEEK ENDING 03/27/26 - TEMP ADMIN ANALYST 001-403-50000 123.02 66056195 WEEK ENDING 03/27/26 - TEMP ADMIN ANALYST 001-420-50000 184.54 66056195 WEEK ENDING 03/27/26 - TEMP ADMIN ANALYST 001-558-50000 184.54 66056195 WEEK ENDING 03/27/26 - TEMP ADMIN ANALYST 005-701-50000 61.51 66056195 WEEK ENDING 03/27/26 - TEMP ADMIN ANALYST 020-601-50000 61.51 66085848 WEEK ENDING 04/03/26 - FIN - TEMP ACCT TECH 001-420-50030 298.86 66085848 WEEK ENDING 04/03/26 - FIN - TEMP ACCT TECH 005-701-50030 16.60 66085848 WEEK ENDING 04/03/26 - FIN - TEMP ACCT TECH 020-601-50030 16.60 66109932 WEEK ENDING 04/10/26 - FIN - TEMP ACCT TECH 001-420-50030 1,321.03 5/4/2026 6:08:43 PM Page 10 of 23
23 of 316
Payment
Number
APA000628
APA000629
APA000630
APA000631
APA000632
APA000633
APA000634
APA000635
APA000636
APA000637
APA000638
APA000639
APA000640
Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 66109932 WEEK ENDING 04/10/26 - FIN - TEMP ACCT TECH 005-701-50030 73.39 66109932 WEEK ENDING 04/10/26 - FIN - TEMP ACCT TECH 020-601-50030 73.39 4/17/2026 000465 SP MAINTENANCE SERVICES, INC. 3,806.20 101155 MAR 2026 - STREET SWEEPING 001-558-60800 3,806.20 4/17/2026 001111 TETRA TECH, INC. 42,021.25
52557640 FEB 2026 - ENG SRVCS - ENCROACHMENT PERMITS 025-557-60800 3,343.75 52557641 FEB 2026 - COB - ENGINEERING SERVICES 001-551-60800 6,745.00 52557641 FEB 2026 - COB - ENGINEERING SERVICES 001-565-60830 2,010.00 52557641 FEB 2026 - COB - ENGINEERING SERVICES 005-701-60830 2,312.50 52557641 FEB 2026 - COB - ENGINEERING SERVICES 020-601-60800 3,360.00 52557641 FEB 2026 - COB - ENGINEERING SERVICES 020-601-60830 2,950.00 52557641 FEB 2026 - COB - ENGINEERING SERVICES 025-554-60800 7,696.25 52557641 FEB 2026 - COB - ENGINEERING SERVICES 025-554-60830 510.00 52557641 FEB 2026 - COB - ENGINEERING SERVICES 029-557-60800 1,580.00 52557641 FEB 2026 - COB - ENGINEERING SERVICES 092-220-71500 09222071500 253.75 52557641 FEB 2026 - COB - ENGINEERING SERVICES 092-324-70005 09232470005 2,320.00 52557642 FEB 2026 - ENG SRVCS - POLO VILLAGE 001-22416 90077070 220.00 52557643 FEB 2026 - ENG SRVCS - 430/440 CENTRAL AVE 001-22416 90091070 170.00 52557644 FEB 2026 - ENG SRVCS - GARDEN APTS PSHH 001-22416 90066-070 1,901.25 52557645 FEB 2026 - ENG SRVCS - MCMURRAY HOTELS 001-22416 90084070 178.75 52557646 FEB 2026 - ENG SRVCS - VILLAGE SENIOR APTS 001-22416 90080070 110.00 52557647 FEB 2026 - ENG SRVCS - HWY 246 & MCMURRAY RD IMPR092-307-71500 09230771500 440.00 52557648 FEB 2026 - ENG SRVCS - HUNDRED HILLS SCHOOL 001-22416 90100070 3,180.00 52557650 FEB 2026 - ENG SRVCS - HWY 246 COMMERCIAL CENTER001-22416 90096070 253.75 52557651 FEB 2026 - ENG SRVCS - TERI SUE LN RETAINING WALL 001-22416 80005070 326.25 52557652 FEB 2026 - ENG SRVCS - 653 AVENUE OF FLAGS 001-22416 90086-070 2,160.00 4/17/2026 001188 The Hankering Corporation 646.62
94774 04/03/26 - HR - PERSONNEL RULES&POLICIES BOOKLETS001-403-60022 646.62 4/17/2026 001840 VESTIS 633.80
792212509-03312026 MAR 2026 - MATS/TOWEL SERVICE 001-558-60800 507.04 792212509-03312026 MAR 2026 - MATS/TOWEL SERVICE 005-701-60800 126.76 4/17/2026 001552 VITAL RECORDS CONTROL (VRC) 127.49
6194935 MAR 2026 - CH - SHREDDING SERVICES 001-410-60900 127.49 4/17/2026 000677 WALLACE GROUP 16,298.72
67317 FEB 2026 - PRO SRVCS - FY 25-26 & FY 26-27 005-701-60800 16,298.72 4/17/2026 001780 WILLDAN 250.00
00237556 FEB 2026 - PRO SRVCS -HUNDRED HILLS BLDG INSPECTOR001-22416 90100070 250.00 4/27/2026 001483 ALLSTAR HEATING AND AIR CONDITIONING INC 900.00 i39695 03/09/26 - LIBRARY - HVAC MAINT/REPAIRS 001-558-60250 900.00 4/27/2026 000252 JIM VREELAND FORD 258.49
82188 03/23/26 - REC - VEHICLE MAINT & REPAIR VIN 1879 001-511-60270 150.11 82199 03/23/26 - REC - VEHICLE MAINT & REPAIR VIN 1780 001-511-60270 108.38 4/27/2026 000395 JOSE RAFAEL RUIZ dba 2,460.00
2321 APR 2026 - RVP/OP - JANITORIAL SERVICES 001-552-60800 2,460.00 4/27/2026 001702 KENNETH SCOTT FISHER dba 775.00
2087 04/03/26 - WTP - DEEP WELL TURBINE OIL DELIVERY 020-601-60250 775.00 4/27/2026 000669 O'CONNOR & SONS dba 80.00
30454121 04/09/26 - WWTP - PEST CONTROL SERVICES 005-701-60800 80.00 4/27/2026 000763 RIO VISTA CHEVROLET, INC. 392.80
64187 03/23/26 - PW - VEHICLE MAINTENANCE VIN 4556 001-558-60270 130.96 64187 03/23/26 - PW - VEHICLE MAINTENANCE VIN 4556 005-701-60270 130.92 5/4/2026 6:08:43 PM Page 11 of 23
24 of 316
Payment
Number
APA000641
APA000642
APA000643
1003256662
1003262999
1003263000
1003272156
1003274460
1003274461
041862970899
0-168-667-472
442404202026
Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 64187 03/23/26 - PW - VEHICLE MAINTENANCE VIN 4556 020-601-60270 130.92 4/27/2026 001510 SANTA MARIA CALIFORNIA NEWS MEDIA INC. dba 575.00 575593 03/25/26 - HR - JOURNEYMAN MAINTENANCE AD 001-403-60022 575.00 4/27/2026 001841 THE SHERWIN WILLIAMS CO. 333.22
9778-9 04/08/26 - VP - MAINT/REPAIR ITEMS 001-552-60059 333.22 4/27/2026 001849 THE VALLEY GARDENER OPERATING INC 37,611.73 38028 02/25/26 - BOTANIC GARDEN - IRRIGATION REPAIRS 001-552-60259 2,131.62 38106 03/16/26 - S-15 FRONTAGE HWY 246 - MAINT/REPAIRS001-556-60250 190.00 38110 03/20/26 - RVP - LANDSCAPE IRRIGATION REPAIRS 001-552-60258 431.10 38161 MAR 2026 - COB LANDSCAPING MAINTENANCE 001-552-60800 19,870.00 38161 MAR 2026 - COB LANDSCAPING MAINTENANCE 001-556-60800 4,640.00 38188 03/20/26 - P-10 PAWS PARK - MOWING/WEED EATING001-552-60257 500.00 38200 03/24/26 - RESERVOIRS 1 & 2 - TRACTOR MOWING 020-601-60250 555.00 38201 03/24/26 - RESERVOIR 3 - TRACTOR MOWING 020-601-60250 370.00 38210 02/23/26 - BOTANIC GARDEN - IRRIGATION SYS REPAIRS001-552-60259 6,054.01 38211 03/30/26 - P-7 LIBRARY PARKING LOT - GRADING 001-552-60800 2,870.00 4/2/2026 000914 CalPERS 36,941.11
100000018244194 APR 2026 - ER PAID - RETIREE MEDICAL & ADMIN FEES 001-410-50400 19,267.59 INV0016719 Blue Shield Medical Insurance 001-22167 4,843.31 INV0016726 PersChoice Medical 001-22167 3,993.47
INV0016750 Blue Shield Medical Insurance 001-22167 4,843.27 INV0016757 PersChoice Medical 001-22167 3,993.47
4/9/2026 000914 CalPERS 9,369.85
INV0016783 PEPRA Retirement Employee Contribution 001-22164 4,679.25 INV0016784 PEPRA Retirement Employer Contribution 001-22164 4,690.60 4/9/2026 000914 CalPERS 7,670.11
INV0016781 Classic Retirement Employee Contribution 001-22164 2,634.48 INV0016782 Classic Retirement Employer Contribution 001-22164 5,035.63 4/23/2026 000914 CalPERS 7,670.11
INV0016803 Classic Retirement Employee Contribution 001-22164 2,634.48 INV0016804 Classic Retirement Employer Contribution 001-22164 5,035.63 4/28/2026 000914 CalPERS 198.25
INV0016821 PEPRA Retirement Employee Contribution 001-22164 99.01 INV0016822 PEPRA Retirement Employer Contribution 001-22164 99.24 4/28/2026 000914 CalPERS 112.09
INV0016819 Classic Retirement Employee Contribution 001-22164 38.50 INV0016820 Classic Retirement Employer Contribution 001-22164 73.59 4/13/2026 001388 VINTAGE WALK OWNERS ASSOCIATION 306.36 41862970899 APR 2026 - 597 AOF# 101 - HOA FEES 001-410-60900 306.36 4/6/2026 000916 Employment Development Department 7,293.16 INV0016789 State Withholding 001-22150 5,692.94
INV0016790 State Unemployment 001-22163 22.68
INV0016792 Employee Training Tax 001-22163 1.51
INV0016794 State Disability Insurance 001-22162 1,576.03 4/22/2026 000768 WEX BANK 3,848.49
111606906 MAR 2026 - FUEL CHARGES 001-501-61280 111.74
111606906 MAR 2026 - FUEL CHARGES 001-511-61280 593.37
111606906 MAR 2026 - FUEL CHARGES 001-558-61280 2,316.28 111606906 MAR 2026 - FUEL CHARGES 005-701-61280 293.58
111606906 MAR 2026 - FUEL CHARGES 020-601-61280 533.52
5/4/2026 6:08:43 PM Page 12 of 23
25 of 316
Payment
Number
803709295235
0-904-770-896
0-962-864-464
EBP51-541603
REFAPA000083
REFAPA000558
6119835094388
G76375-
2706496-
2706517-
2706521-
27065070-
Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 4/1/2026 000912 The Hartford 447.52
CM0000365 Life Insurance 001-22165 (8.34)
CM0000368 Life Insurance 001-22165 (8.34)
INV0016716 Life Insurance 001-22165 227.95
INV0016735 Life Insurance 001-22165 8.34
INV0016743 Life Insurance 001-22165 4.17
INV0016747 Life Insurance 001-22165 223.74
4/27/2026 000916 Employment Development Department 150.00 INV0016823 State Withholding 001-22150 150.00
4/20/2026 000916 Employment Development Department 6,895.58 INV0016811 State Withholding 001-22150 5,397.80
INV0016812 State Unemployment 001-22163 35.05
INV0016814 Employee Training Tax 001-22163 2.19
INV0016816 State Disability Insurance 001-22162 1,460.54 4/13/2026 000910 Aflac 417.44
INV0016714 Supplemental Insurance 001-22168 148.40
INV0016725 AFLAC Disability Insurance 001-22168 60.32
INV0016745 Supplemental Insurance 001-22168 148.40
INV0016756 AFLAC Disability Insurance 001-22168 60.32
4/1/2026 001218 County of Santa Barbara (1,732.40)
REF APA000083 Tyler Refunded APA Payment APA000083 - Ck 86406 001-551-67575 (1,732.40) 4/9/2026 000395 JOSE RAFAEL RUIZ dba (2,460.00)
REF APA000558 Refunded APA Payment APA000558 001-552-60800 (2,460.00) 4/10/2026 000813 HOME DEPOT CREDIT SERVICES 1,135.65
4786-03202026 MAR 2026 - MAINT/REPAIR/MATL'S/SUPPLIES 001-552-61140 95.60 4786-03202026 MAR 2026 - MAINT/REPAIR/MATL'S/SUPPLIES 001-558-60250 1,040.05 4/3/2026 002064 VOYA INSTITUTIONAL TRUST COMPANY 18,452.92 INV0016717 Loan Repayment 001-22173 29.49
INV0016718 Loan Repayment-26 001-22173 311.12
INV0016724 Deferred Compensation 001-22169 7,629.61
INV0016727 Roth Deferral 001-22169 1,315.00
INV0016738 Deferred Compensation 001-22169 95.08
INV0016748 Loan Repayment 001-22173 29.49
INV0016749 Loan Repayment-26 001-22173 311.12
INV0016755 Deferred Compensation 001-22169 7,417.01
INV0016758 Roth Deferral 001-22169 1,315.00
4/6/2026 000917 Internal Revenue Service 17,854.13
INV0016791 Social Security 001-22161 133.92
INV0016793 Federal Withholding 001-22140 13,764.55
INV0016795 Medicare 001-22161 3,955.66
4/27/2026 000917 Internal Revenue Service 593.50
INV0016824 Federal Withholding 001-22140 500.00
INV0016825 Medicare 001-22161 93.50
5/1/2026 000917 Internal Revenue Service 16,089.23
INV0016843 Social Security 001-22161 92.26
INV0016845 Federal Withholding 001-22140 12,456.19
INV0016847 Medicare 001-22161 3,540.78
4/17/2026 000917 Internal Revenue Service 16,490.57
INV0016813 Social Security 001-22161 136.46
INV0016815 Federal Withholding 001-22140 12,675.21
INV0016817 Medicare 001-22161 3,678.90
5/4/2026 6:08:43 PM Page 13 of 23
26 of 316
Payment
Number
Q1-CN1-895-191-
1003272155-
Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Payment Date Vendor # Payment Amount
Payable Number Description Vendor Name Account Number Project Acct Key Item Amount 4/28/2026 000916 Employment Development Department 857.40 000916-04282026 04/28/26 - Q1 PAYROLL TAXES DUE - SDI 001-410-60900 708.85 000916-04282026 04/28/26 - Q1 PAYROLL TAXES DUE - UI 001-410-60900 148.55 4/23/2026 000914 CalPERS 9,714.12
CM0000369 PEPRA Retirement Employer Contribution 001-22164 (0.01) INV0016805 PEPRA Retirement Employee Contribution 001-22164 4,851.18 INV0016806 PEPRA Retirement Employer Contribution 001-22164 4,862.95 Payment Total: 1,078,829.17
5/4/2026 6:08:43 PM Page 14 of 23
27 of 316
Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Report Summary
Fund Summary
Fund Payment Amount
001 - General Fund 873,087.09
005 - Sewer Fund 68,873.87
020 - Water Fund 35,491.22
025 - Gas Tax Fund 22,755.00
027 - Local Transportation Fund 3,333.32
029 - Transportation Planning 7,120.00
075 - Trust & Agency Fund 600.00
092 - Capital Improvement Proj Fund 67,568.67
Grand Total: 1,078,829.17
Account Summary
Account Number Account Name Payment Amount
001-22140 Federal Payroll Taxes 39,395.95
001-22150 State Payroll Taxes 11,240.74
001-22160 SYVTBID Payable 36,129.00
001-22161 SS/MC Payroll Taxes 11,631.48
001-22162 SDI Payroll Taxes 3,036.57
001-22163 UI/ETT Payroll Taxes 61.43
001-22164 PERS Retirement 34,734.53
001-22165 Grp Life Insurance 447.52
001-22167 Medical Deduction 17,673.52
001-22168 Supplemental Ins Ded 417.44
001-22169 DCP Liability 17,771.70
001-22170 FSA Deduction 6,253.46
001-22172 Dependent Daycare Ded 833.34
001-22173 Employee Loan Deduction 681.22
001-22416 Developer Deposit 23,263.75
001-22510 Park/Damage Charge 700.00
001-401-50400 Medical Benefit 768.25
001-401-60013 Election Expense 1,630.67
001-401-67705 Telephone 360.69
001-402-50000 Salaries 615.13
001-402-50400 Medical Benefit 1,447.00
001-402-60710 Travel & Training 1,267.00
001-403-50000 Salaries 123.02
001-403-50400 Medical Benefit 165.71
001-403-60022 Recruitment Expense 1,911.62
001-403-60520 Advertising - Legal 630.03
001-403-60710 Travel & Training 25.00
001-404-60840 Contract Services-Legal Fees 18,252.20
001-410-50400 Medical Benefit 19,732.47
001-410-60014 Emergency Operations 63.99
001-410-60015 Animal Control 25,834.00
001-410-60210 Computer Maintenance &Software 7,201.58
001-410-60310 Equipment Rental 411.61
001-410-60800 Contract Services 9,168.71
001-410-60900 Miscellaneous 5,322.55
001-410-61130 Office Supplies 1,180.61
001-410-61230 Utilities - Gas 185.79
001-410-61241 Utilities - Electric 1,416.95
001-410-61292 Internet Access/ Website Maint 682.85
001-410-67200 Community Organization Support 17,600.00
001-410-67705 Telephone 1,727.39
001-410-67790 Visitors Bureau 37,500.00
001-420-50000 Salaries 184.54
001-420-50030 Hourly Employee 4,625.79
001-420-50400 Medical Benefit 210.93
5/4/2026 6:08:43 PM Page 15 of 23
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Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Account Summary
Account Number Account Name Payment Amount
001-420-60710 Travel & Training 290.05
001-420-60800 Contract Services 3,610.45
001-44250 Miscellaneous (722.58)
001-501-60800 Contract Services 256,701.00
001-501-60805 Contract Services - Motor Deputy 16,063.00 001-501-61241 Utilities - Electric 289.61
001-501-61280 Fuel - Vehicles 111.74
001-510-61230 Utilities - Gas 14.30
001-511-50400 Medical Benefit 497.84
001-511-60210 Computer Maintenance & Software 879.41
001-511-60211 Data Processing Contract Maint 2,151.45
001-511-60250 Maintenance/Repair 556.62
001-511-60270 Maintenance-Vehicles 258.49
001-511-60310 Equipment Rental 128.22
001-511-60510 Advertising 39.00
001-511-60800 Contract Services 11,758.51
001-511-61130 Office Supplies 285.14
001-511-61280 Fuel-Vehicles 593.37
001-511-61290 Telephone/Internet 768.49
001-511-67140 Buellton Recreation Program 5,925.88
001-511-67141 Arts and Culture 28,800.00
001-511-67142 Arts and Culture Outreach 40.86
001-511-67570 Recreation Program 50/50 28.54
001-550-61241 Utilities - Electric 4,905.14
001-551-60250 Maintenance / Repair 17,925.00
001-551-60800 Contract Services 14,045.00
001-551-67575 Regulatory Compliance (1,732.40)
001-552-60059 Maintenance-Repair Village Park 611.04
001-552-60254 Maintenance/Repair-A&F Medians 86.16
001-552-60257 Maintenance/Repair-Paws Park 500.00
001-552-60258 Maintenance/Repair-River View 1,796.24
001-552-60259 Maintenance and Repair - Botanic Garden 8,185.63 001-552-60800 Contract Services 52,045.00
001-552-61140 Operational Supplies 132.51
001-552-61211 Utilities - Water 766.91
001-552-61241 Utilities - Electric 417.32
001-556-60250 Maintenance/Repair 493.16
001-556-60800 Contract Services 9,280.00
001-556-61241 Utilities - Electric 237.49
001-558-50000 Salaries 184.54
001-558-50400 Medical Benefit 656.75
001-558-60210 Computer Maintenance &Software 1,045.46
001-558-60250 Maintenance / Repair 8,246.72
001-558-60270 Maintenance - Vehicles 7,582.74
001-558-60800 Contract Services 16,658.06
001-558-60900 Miscellaneous 1.42
001-558-61140 Operational Supplies 49.49
001-558-61241 Utilities - Electric 993.41
001-558-61280 Fuel - Vehicles 2,316.28
001-558-67705 Telephone 188.20
001-558-73500 Equipment 1,792.06
001-565-50010 Planning Commission Salaries 250.00
001-565-50400 Medical Benefit 307.84
001-565-60210 Computer Maintenance &Software 62.50
001-565-60310 Equipment Rental 586.45
001-565-60710 Travel & Training 1,083.42
001-565-60715 Travel & Training - Planning Comission 914.37 001-565-60830 Contract Services-Engineering 3,900.00
5/4/2026 6:08:43 PM Page 16 of 23
29 of 316
**None**
09210274100 Storm Drain Outfall&Repair&Re-Establishment - Constr/Improv Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Account Summary
Account Number Account Name Payment Amount
001-565-60855 Comprehensive General Plan Update 20,797.71 001-565-61130 Office Supplies 97.26
001-565-61241 Utilities - Electric 1,704.15
001-565-67705 Telephone 386.94
005-701-50000 Salaries 61.51
005-701-50030 Hourly Employees 256.98
005-701-50400 Medical Benefit 343.34
005-701-60210 Computer Maintenance &Software 796.90
005-701-60250 Maintenance / Repair 12,166.18
005-701-60270 Maintenance - Vehicles 1,759.32
005-701-60800 Contract Services 27,325.19
005-701-60830 Contract Services-Engineering 5,992.50
005-701-61111 Chemicals / Analysis 8,057.56
005-701-61131 Postage 510.00
005-701-61241 Utilities - Electric 8,651.80
005-701-61280 Fuel - Vehicles 293.58
005-701-67575 Regulatory Compliance 681.00
005-701-67705 Telephone 186.49
005-701-73500 Equipment 1,791.52
020-15000 Pre-Paid Expense 2,666.67
020-601-50000 Salaries 61.51
020-601-50030 Hourly 256.98
020-601-50400 Medical Benefit 343.34
020-601-60210 Computer Maintenance &Software 1,908.84
020-601-60250 Maintenance / Repair 1,882.95
020-601-60270 Maintenance - Vehicles 2,514.43
020-601-60800 Contract Services 7,992.40
020-601-60830 Contract Services-Engineering 6,800.00
020-601-61111 Chemicals / Analysis 2,636.40
020-601-61131 Postage 510.00
020-601-61140 Operational Supplies 82.16
020-601-61241 Utilities - Electric 5,307.60
020-601-61280 Fuel - Vehicles 533.52
020-601-67600 Safety Equipment 108.72
020-601-67705 Telephone 94.18
020-601-73500 Equipment 1,791.52
025-554-60800 Contract Services 16,307.50
025-554-60830 Contract Services - Engineering 510.00
025-557-60800 Contract Services 5,937.50
027-559-67445 Lompoc- Wine Country Express 3,333.32
029-557-60800 Contract Services 7,120.00
075-22415 Const &Demo Material Mgmt Dep 600.00
092-102-74100 Construction and Improvements 40,000.00
092-220-70005 Design and Permitting 727.00
092-220-71500 Project Management and Inspection 1,052.50 092-307-71200 Right of Way Acquistion 10,760.17
092-307-71500 Project Management and Inspections 1,100.00 092-307-74100 Construction and Improvements 3,465.00
092-322-71500 Project Management & Inspection (2023/24) 3,129.00 092-323-71500 Project Management and Inspection (2024/25) 3,129.00 092-324-70005 Design and Permitting 4,080.00
092-706-74100 Construction and Improvements 126.00
Grand Total: 1,078,829.17
Project Account Summary
Project Account Key Payment Amount
986,502.07
40,000.00
5/4/2026 6:08:43 PM Page 17 of 23
30 of 316
09222070005 Willemsen Parking Lot - Design & Permitting 09222071500 Willemsen Parking Lot - Proj Management & Inspection 09230771200 McMurray Road Widening/TS (13/14) - Right of Way Acquisition 09230771500 McMurray Road Widening/TS (13/14) - Proj Management & Inspec 09230774100 McMurray Road Widenting/TS (13/14) - Construction & Improv 09232271500 Road Maintenance Project (23/24) - Proj Management & Inspec 09232371500 Road Maintenance Project (24/25) - Proj Management & Inspec 09232470005 Road Maintenance Project (25/26) - Design & Permitting 09270674100 WWTP Facilities Improvements - Construction & Improvements 53038-040 February Camp 2026 - Operating Expenses
80005070 225 Teri Sue Retaining Wall EP 2526-12 - Contract Services 90037-070 Fig Mountaing Brewing 16-FDP-02 - Contract Services 90044-070 The Industrial Network 16-FDP-07 - Contract Services 90066-070 Buellton Garden Apt 10 McMurray 21-FDP-01 - Contract Services 90073070 Chanin Wine Co 291 Industrial Way 21-FDP-04 - Contract Services 90077070 Polo Village 560 McMurray 22-FDP-01 - Contract Services 90080070 Village Senior Apartments 22-FDP-02 - Contract Services 90084070 McMurray Road Hotels 18-FDP-02 - Contract Services 90086-070 ARCO 653 Ave of Flags 23-CUP-01, 23-FDP-02 - Contract Services 90091070 430 & 440 Central Ave 22-ZC-17 - Contract Services 90096070 HWY 246 Commercial Center 24-FDP-01 - Contract Services 90100070 Dairyland Rd - Hundred Hills School 25-CUP-01 - Contract Services 90101070 515 McMurray-Cottage 25-CUP-02, 25-FDP-01 - Contract Services 90106070 33 Industrial Way 25-FDP-03, 25-MUP-03 - Contract Services GM008-070 SB1383 OWR4-22-0550 FY 22-23 - Contract Services 727.00
1,052.50
10,760.17
1,100.00
3,465.00
3,129.00
3,129.00
4,080.00
126.00
Check Disbursements - City Council - May 14, 2026 Payment Dates: 3/28/2026 - 5/1/2026 Project Account Summary
Project Account Key Payment Amount
5/4/2026 6:08:43 PM Page 18 of 23
2,160.00
420.00
597.50
8,362.50
170.00
510.00
247.75
Grand Total: 1,078,829.17
1,246.93
481.25
250.00
250.00
5,150.00
2,480.00
820.00
690.00
922.50
31 of 316
Check Disbursements - City Council - May 14, 2026
Amount
5/4/2026 6:10:56 PM Page 19 of 23
JOSE RAFAEL RUIZ dba APA000558 03/01/2026 MAR 2026 - RVP/OP -
JANITORIAL SERVICES
001-552-60800 2,460.00
LOGAN R. FITZGERALD dba APA000563 02/28/2026 FEB 2026 - CH/LIB/PKS -
JANITORIAL SERVICES
001-552-60800 900.00
JOSE RAFAEL RUIZ dba 48149 04/09/2026 MAR 2026 - RVP/OP -
JANITORIAL SERVICES
001-552-60800 2,460.00
LOGAN R. FITZGERALD dba 48162 04/01/2026 MAR 2026 - CH/LIB/PKS -
JANITORIAL SERVICES
001-552-60800 990.00
TETRA TECH, INC. APA000629 02/28/2026 FEB 2026 - COB -
ENGINEERING SERVICES
001-551-60800 6,745.00
Department 551 - STORM WATER Total: 14,045.00
Department: 552 - PUBLIC WORKS - PARKS
Department 511 - RECREATION Total: 11,758.51
Department: 551 - STORM WATER
TETRA TECH, INC. APA000583 01/31/2026 JAN 2026 - COB -
ENGINEERING SERVICES
001-551-60800 7,300.00
Department 501 - PUBLIC SAFETY - POLICE/FIRE Total: 256,701.00 Department: 511 - RECREATION
BUELLTON UNION SCHOOL DISTRICT 48180 04/01/2026 APR-JUN 2026 - REC -
JANITORIAL
SERVICES/UTILITIES
001-511-60800 11,758.51
Department 420 - FINANCE Total: 3,610.45
Department: 501 - PUBLIC SAFETY - POLICE/FIRE
SB CO SHERIFF'S DEPARTMENT21 03/31/2026 MAR 2026 - LAW
ENFORCEMENT SERVICES
001-501-60800 256,701.00
Hinderliter de Llamas and Associates (hdl) 48184 03/31/2026 JAN - MAR 2026 - CONTRACT
SERVICES SALES TAX
001-420-60800 1,926.43
Optimized Investment Partners, LLC APA000625 03/31/2026 MAR 2026 - INVESTMENT
ADVISORY SERVICES
001-420-60800 1,684.02
CALIFORNIA CONSULTING, INC.APA000593 04/01/2026 APR 2026 - GRANT WRITING
SERVICES
001-410-60800 4,250.00
Department 410 - NON-DEPARTMENTAL Total: 9,168.71
Department: 420 - FINANCE
PRIMO BRANDS 48165 03/26/2026 02/27/26 - 03/26/26 -
DRINKING WATER
001-410-60800 320.71
CALIFORNIA CONSULTING, INC.APA000548 03/01/2026 MAR 2026 - GRANT WRITING
SERVICES
001-410-60800 4,250.00
Boyd & Associates 48153 04/01/2026 APR - JUN 2026 - CH - ALARM
SYSTEM MONITORING
001-410-60800 174.00
Boyd & Associates 48153 04/01/2026 APR - JUN 2026 - PLNG -
ALARM SYSTEM MONITORING
001-410-60800 174.00
BURKE, WILLIAMS & SORENSEN, LLP APA000592 02/28/2026 FEB 2026 - LEGAL SERVICES - FILE 0036
001-404-60840 3,896.20
Department 404 - CITY ATTORNEY Total: 18,252.20
Department: 410 - NON-DEPARTMENTAL
BURKE, WILLIAMS & SORENSEN, LLP APA000592 02/28/2026 FEB 2026 - LEGAL SERVICES - FILE 0019
001-404-60840 842.80
BURKE, WILLIAMS & SORENSEN, LLP APA000592 02/28/2026 FEB 2026 - LEGAL SERVICES - FILE 0062
001-404-60840 872.90
Fund: 001 - General Fund
Department: 404 - CITY ATTORNEY
BURKE, WILLIAMS & SORENSEN, LLP APA000592 02/28/2026 FEB 2026 - RETAINER - LEGAL SERVICES FILE 0001
001-404-60840 11,948.00
BURKE, WILLIAMS & SORENSEN, LLP APA000592 02/28/2026 FEB 2026 - LEGAL SERVICES - FILE 0001
001-404-60840 692.30
City of Buellton, CA Contract Services Detail
Payment Dates 3/28/2026 - 5/1/2026
Vendor Name Payment Number Post Date Description (Item) Account Number 32 of 316
Amount
5/4/2026 6:10:56 PM Page 20 of 23
Department 565 - PLANNING Total: 3,900.00
395,418.93
Fund 001 - General Fund Total: 395,418.93
Fund: 005 - Sewer Fund
Department: 701 - WASTEWATER
ECHO COMMUNICATIONS APA000555 04/01/2026 APR 2026 - ANS/MSG SERVICE 005-701-60800 69.88 TETRA TECH, INC. APA000583 01/31/2026 JAN 2026 - COB -
ENGINEERING SERVICES
001-565-60830 1,890.00
TETRA TECH, INC. APA000629 02/28/2026 FEB 2026 - COB -
ENGINEERING SERVICES
001-565-60830 2,010.00
VESTIS APA000631 03/31/2026 MAR 2026 - MATS/TOWEL
SERVICE
001-558-60800 507.04
Department 558 - PUBLIC WORKS - GENERAL Total: 16,658.06 Department: 565 - PLANNING
CLARK PEST CONTROL APA000622 04/01/2026 04/01/26 - PO - PEST 001-558-60800 118.00 SP MAINTENANCE SERVICES, INC. APA000628 03/31/2026 MAR 2026 - STREET 001-558-60800 3,806.20 CLARK PEST CONTROL APA000622 04/01/2026 04/01/26 - CH - PEST 001-558-60800 165.00 CLARK PEST CONTROL APA000622 04/01/2026 04/01/26 - PD/CCC - PEST
CONTROL
001-558-60800 212.00
SOLID WASTE SOLUTIONS, INC.APA000580 02/28/2026 FEB 2026 - SB1383/AB939 -
ANNUAL REPORT PREP
001-558-60800 247.75
SP MAINTENANCE SERVICES, INC. APA000581 02/28/2026 FEB 2026 - STREET SWEEPING 001-558-60800 3,806.20 ECHO COMMUNICATIONS APA000555 04/01/2026 APR 2026 - ANS/MSG SERVICE 001-558-60800 69.89 LOGAN R. FITZGERALD dba APA000563 02/28/2026 FEB 2026 - CH/LIB/PKS -
JANITORIAL SERVICES
001-558-60800 1,940.00
CLARK PEST CONTROL APA000551 03/03/2026 03/03/26 - PO - PEST 001-558-60800 118.00 CLARK PEST CONTROL APA000551 03/12/2026 03/12/26 - LIBRARY - PEST
CONTROL
001-558-60800 200.00
Boyd & Associates 48197 04/01/2026 APR - JUN 2026 - LIB - ALARM
SYSTEM MONITORING
001-558-60800 909.99
CLARK PEST CONTROL APA000551 03/03/2026 03/03/26 - PD /CCC - PEST
CONTROL
001-558-60800 212.00
Boyd & Associates 48197 01/01/2026 JAN - MAR 2026 - LIB - ALARM
SYSTEM MONITORING
001-558-60800 909.99
Boyd & Associates 48197 04/01/2026 APR - JUN 2026 - LIB - FIRE
ALARM MONITORING
001-558-60800 687.00
Boyd & Associates 48153 04/01/2026 APR - JUN 2026 - USPS -
ALARM SYSTEM MONITORING
001-558-60800 414.00
LOGAN R. FITZGERALD dba 48162 04/01/2026 MAR 2026 - CH/LIB/PKS -
JANITORIAL SERVICES
001-558-60800 2,335.00
THE VALLEY GARDENER OPERATING INC APA000643 03/25/2026 MAR 2026 - COB
LANDSCAPING
001-556-60800 4,640.00
Department 556 - PUBLIC WORKS - LANDSCAPE MAINTENANCE Total: 9,280.00 Department: 558 - PUBLIC WORKS - GENERAL
Department 552 - PUBLIC WORKS - PARKS Total: 52,045.00
Department: 556 - PUBLIC WORKS - LANDSCAPE MAINTENANCE
THE VALLEY GARDENER OPERATING INC APA000584 02/28/2026 FEB 2026 - COB LANDSCAPE
MAINTENANCE
001-556-60800 4,640.00
THE VALLEY GARDENER OPERATING INC APA000643 03/30/2026 03/30/26 - P-7 LIBRARY
PARKING LOT - GRADING
001-552-60800 2,870.00
JOSE RAFAEL RUIZ dba REFAPA000558 04/09/2026 Refunded APA Payment APA000558
001-552-60800 (2,460.00)
JOSE RAFAEL RUIZ dba APA000637 04/01/2026 APR 2026 - RVP/OP -
JANITORIAL SERVICES
001-552-60800 2,460.00
THE VALLEY GARDENER OPERATING INC APA000643 03/25/2026 MAR 2026 - COB
LANDSCAPING
001-552-60800 19,870.00
THE VALLEY GARDENER OPERATING INC APA000584 02/28/2026 FEB 2026 - COB LANDSCAPE
MAINTENANCE
001-552-60800 19,870.00
THE VALLEY GARDENER OPERATING INC APA000584 03/02/2026 03/02/26 - WILLEMSEN -
LOWER FIELD MOWING
001-552-60800 2,625.00
Contract Services Detail Payment Dates: 3/28/2026 - 5/1/2026 Vendor Name Payment Number Post Date Description (Item) Account Number 33 of 316
Amount
Fund 025 - Gas Tax Fund Total: 22,755.00
5/4/2026 6:10:56 PM Page 21 of 23
TETRA TECH, INC. APA000629 02/28/2026 FEB 2026 - ENG SRVCS -
ENCROACHMENT PERMITS
025-557-60800 3,343.75
Department 557 - PUBLIC WORKS - ENGINEERING Total: 5,937.50 22,755.00
Department 554 - TRAFFIC SAFETY Total: 16,817.50
Department: 557 - PUBLIC WORKS - ENGINEERING
TETRA TECH, INC. APA000583 01/31/2026 JAN 2026 - ENG SRVCS -
ENCROACHEMENT PERMITS
025-557-60800 2,593.75
TETRA TECH, INC. APA000629 02/28/2026 FEB 2026 - COB -
ENGINEERING SERVICES
025-554-60800 7,696.25
TETRA TECH, INC. APA000629 02/28/2026 FEB 2026 - COB -
ENGINEERING SERVICES
025-554-60830 510.00
Fund 020 - Water Fund Total: 14,792.40
Fund: 025 - Gas Tax Fund
Department: 554 - TRAFFIC SAFETY
TETRA TECH, INC. APA000583 01/31/2026 JAN 2026 - COB -
ENGINEERING SERVICES
025-554-60800 8,611.25
TETRA TECH, INC. APA000629 02/28/2026 FEB 2026 - COB -
ENGINEERING SERVICES
020-601-60830 2,950.00
Department 601 - WATER Total: 14,792.40
14,792.40
AUTOSYS LLC APA000591 03/23/2026 03/23/26 - WTP - SCADA
SERVICE CALL
020-601-60800 1,230.00
TETRA TECH, INC. APA000629 02/28/2026 FEB 2026 - COB -
ENGINEERING SERVICES
020-601-60800 3,360.00
TETRA TECH, INC. APA000583 01/31/2026 JAN 2026 - ENG SRVCS -
WATER STORAGE
020-601-60830 2,840.00
UNDERGROUND SERVICE ALERTAPA000585 02/28/2026 FEB 2026 - NEW TICKET
CHARGES/MONTHLY DB FEES
020-601-60800 12.52
TETRA TECH, INC. APA000583 01/31/2026 JAN 2026 - COB -
ENGINEERING SERVICES
020-601-60800 3,320.00
TETRA TECH, INC. APA000583 01/31/2026 JAN 2026 - COB -
ENGINEERING SERVICES
020-601-60830 1,010.00
Fund 005 - Sewer Fund Total: 33,317.69
Fund: 020 - Water Fund
Department: 601 - WATER
ECHO COMMUNICATIONS APA000555 04/01/2026 APR 2026 - ANS/MSG SERVICE 020-601-60800 69.88 O'CONNOR & SONS dba APA000639 04/09/2026 04/09/26 - WWTP - PEST
CONTROL SERVICES
005-701-60800 80.00
Department 701 - WASTEWATER Total: 33,317.69
33,317.69
VESTIS APA000631 03/31/2026 MAR 2026 - MATS/TOWEL
SERVICE
005-701-60800 126.76
WALLACE GROUP APA000633 02/28/2026 FEB 2026 - PRO SRVCS - FY 25- 26 & FY 26-27
005-701-60800 16,298.72
ENGEL & GRAY, INC. APA000623 03/31/2026 MAR 2026 - WWTP - WASTE
HANDLING BIO SOLIDS
005-701-60800 9,358.97
TETRA TECH, INC. APA000629 02/28/2026 FEB 2026 - COB -
ENGINEERING SERVICES
005-701-60830 2,312.50
UNDERGROUND SERVICE ALERTAPA000585 02/28/2026 FEB 2026 - NEW TICKET
CHARGES/MONTHLY DB FEES
005-701-60800 12.53
AUTOSYS LLC APA000591 03/24/2026 03/24/26 - WWTP - SERVICE
CALL SCADA
005-701-60800 1,298.33
O'CONNOR & SONS dba APA000567 03/09/2026 03/09/26 - WWTP - PEST
CONTROL SERVICES
005-701-60800 80.00
TETRA TECH, INC. APA000583 01/31/2026 JAN 2026 - COB -
ENGINEERING SERVICES
005-701-60830 3,680.00
Contract Services Detail Payment Dates: 3/28/2026 - 5/1/2026 Vendor Name Payment Number Post Date Description (Item) Account Number 34 of 316
Amount
5/4/2026 6:10:56 PM Page 22 of 23
Department 557 - PUBLIC WORKS - ENGINEERING Total: 7,120.00 7,120.00
Fund 029 - Transportation Planning Total: 7,120.00
Grand Total: 473,404.02
Fund: 029 - Transportation Planning
Department: 557 - PUBLIC WORKS - ENGINEERING
TETRA TECH, INC. APA000583 01/31/2026 JAN 2026 - COB -
ENGINEERING SERVICES
029-557-60800 5,540.00
TETRA TECH, INC. APA000629 02/28/2026 FEB 2026 - COB -
ENGINEERING SERVICES
029-557-60800 1,580.00
Contract Services Detail Payment Dates: 3/28/2026 - 5/1/2026 Vendor Name Payment Number Post Date Description (Item) Account Number 35 of 316
GM008-070 247.75
Grand Total: 473,404.02
5/4/2026 6:10:56 PM Page 23 of 23
029-557-60800 Contract Services 7,120.00
Grand Total: 473,404.02
Project Account Summary
Project Account Key Payment Amount
**None** 473,156.27
025-554-60800 Contract Services 16,307.50
025-554-60830 Contract Services - Engineering 510.00
025-557-60800 Contract Services 5,937.50
005-701-60830 Contract Services-Engineering 5,992.50
020-601-60800 Contract Services 7,992.40
020-601-60830 Contract Services-Engineering 6,800.00
001-558-60800 Contract Services 16,658.06
001-565-60830 Contract Services-Engineering 3,900.00
005-701-60800 Contract Services 27,325.19
001-551-60800 Contract Services 14,045.00
001-552-60800 Contract Services 52,045.00
001-556-60800 Contract Services 9,280.00
001-420-60800 Contract Services 3,610.45
001-501-60800 Contract Services 256,701.00
001-511-60800 Contract Services 11,758.51
Account Summary
Account Number Account Name Payment Amount
001-404-60840 Contract Services-Legal Fees 18,252.20
001-410-60800 Contract Services 9,168.71
005 - Sewer Fund 33,317.69
020 - Water Fund 14,792.40
025 - Gas Tax Fund 22,755.00
029 - Transportation Planning 7,120.00
Grand Total: 473,404.02
Contract Services Detail Payment Dates: 3/28/2026 - 5/1/2026 Report Summary
Fund Summary
Fund Payment Amount
001 - General Fund 395,418.93
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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: Shannel Zamora, Finance Director
Meeting Date: May 14, 2026
Subject: Monthly Treasurer’s Report – March 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 March 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 receives and files the Treasurer’s Report for the month ending March 31, 2026.
ATTACHMENTS
Attachment 1 – Monthly Treasurer’s Report – March 31, 2026
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[Type text]
A
City of Buellton
Monthly Treasurer’s Report
For the month ending in March 31, 2026
May 14, 2026
This report presents the City’s cash activity and investment portfolio as of March 31, 2026. The report includes:
1) Cash and investments at March 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 March 31, 2026
The following schedule is a summary of the City’s cash and investments based on recorded value as of March 31, 2026, compared with the prior month.
February 28, 2026 March 31, 2026 $ Change
Cash - Pooled $ 2,040,375.68 $ 1,364,287.80 $ (676,087.88) Investments held by the City 20,187,841.47 20,153,701.05 $ (34,140.42) TOTAL CASH AND INVESTMENTS $ 22,228,217.15 $ 21,517,988.85 $ (710,228.30) 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 to the receipt of February 2025 Transient Occupancy Tax (TOT) revenue and January 2025 sales tax revenues, partly offset with monthly operating costs and Williamson Parking lot construction costs.
Additionally, investment values decreased 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 portfolio remains sufficiently liquid to meet expected expenditures over the coming six months.
City of Buellton
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The following schedule is a reconciliation of Cash and Investments to City ledger:
12,683,810.36
2,513,060.29
(1,988,243.05)
9,104,316.11
(2,719,797.70)
11,210.51
63,077.71
350,154.51
458,103.81
(12,153.52)
448,772.43
34,070.67
1,000.40
770,124.44
-
-
(199,518.12)
-
21,517,988.85
1,345,183.90
101,424.00
19,103.90
10,461,845.83
9,590,431.22
21,517,988.85
999-21000 Wages Payable - -
21,517,988.85
21,517,988.85
21,517,988.85
Per Statements: 3/31/2026
Mechanics General Checking 1,554,083.59
Mechanics Money Market 101,424.00
Mechanics FSA 19,103.90
Local Agengcy Investment Fund (LAIF) 9,590,431.22
Multi-Bank Securities Bank 10,461,845.83
Total Cash Per Statement: 21,726,888.54
Claim on Cash vs Total (208,899.69)
Outstanding Items: (208,899.69)
Difference: 0.00
Bank Reconciliation - March 2026
City of Buellton, CA
For the Period Ending 3/31/2026
3/1/2026
BALANCE
CURRENT
ACTIVITY
3/31/2026
BALANCE ACCOUNT # ACCOUNT NAME
006-10000 Claim on Pooled Cash (2,160,280.05) 172,037.00 020-10000 Claim On Pooled Cash 9,002,482.18 101,833.93
CLAIM ON CASH
001-10000 Claim On Pooled Cash 13,418,693.57 (734,883.21) 005-10000 Claim On Pooled Cash 2,577,933.01 (64,872.72) 024-10000 Claim On Pooled Cash 53,556.64 9,521.07
025-10000 Claim On Pooled Cash 354,494.73 (4,340.22)
021-10000 Claim on Pooled Cash (2,719,797.70) -
023-10000 Claim On Pooled Cash 11,127.96 82.55
031-10000 Claim On Pooled Cash 407,073.42 41,699.01
032-10001 Claim On Pooled Cash 34,070.67 -
027-10000 Claim On Pooled Cash 459,147.85 (1,044.04)
029-10000 Claim On Pooled Cash (5,003.52) (7,150.00)
090-10000 Claim On Pooled Cash - -
091-10000 Claim On Pooled Cash - -
033-10001 Claim On Pooled Cash 1,000.35 0.05
075-10000 Claim On Pooled Cash 770,086.94 37.50
CASH IN BANK
Cash in Bank
999-10001 Pooled Cash - General Checking 2,021,843.32 (676,659.42) 092-10000 Claim On Pooled Cash 23,631.10 (223,149.22)
TOTAL CLAIM ON CASH 22,228,217.15 (710,228.30)
999-10004 Pooled Cash - Brokerage 10,497,036.01 (35,190.18) 999-10005 Pooled Cash - LAIF 8,390,431.22 1,200,000.00
999-10002 Pooled Cash - Money Market 1,300,374.24 (1,198,950.24) 999-10003 Pooled Cash - FSA 18,532.36 571.54
DUE TO OTHER FUNDS
999-27000 Due To Other Funds 22,228,217.15 (710,228.30) TOTAL DUE TO OTHER FUNDS 22,228,217.15 (710,228.30)
TOTAL: Cash in Bank 22,228,217.15 (710,228.30)
-
TOTAL: Cash in Bank 22,228,217.15 (710,228.30)
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Investment Summary
March 31, 2026
Percent of
Portfolio Yield
Maturity Term
(months) Maturity Date Par Value Market Value
Local Agency Investment Fund - LAIF 48.36% 4.200% 0 n/a $ 9,590,431.22 $ 9,590,431.22 CAPITAL CMNTY BK 1.26% 3.750% 8 8/31/2026 249,000.00 248,833.17 Security Identifier: 14005LCB3
WELLS FARGO BK 1.23% 3.800% 9 10/1/2026 243,000.00 242,871.21 Security Identifier: 949764TG9
B1BANK 1.26% 3.700% 11 11/30/2026 249,000.00 248,683.77 Security Identifier: 098079DA1
SPOKANE TEACHERS CREDIT UNION 0.91% 4.750% 36 4/15/2027 180,000.00 181,571.40 Security Identifier: 849061AG1
THIRD FEDERAL SAVINGS 1.24% 3.500% 60 6/28/2027 245,000.00 243,806.85 Security Identifier: 88413QDL9
MORGAN STANLEY BANK 0.52% 3.750% 60 6/28/2027 104,000.00 103,804.48 Security Identifier: 61773TFC2
CAPITAL ONE NATL ASSN 1.23% 4.300% 60 9/30/2027 244,000.00 245,342.00 Security Identifier: 14042RURO
LIVE OAK BKG CO 1.26% 3.750% 22 10/29/2027 249,000.00 248,467.14 Security Identifier: 538037AE2
MERRICK BK 1.02% 3.650% 22 11/12/2027 202,000.00 201,220.28 Security Identifier: 59013LET7
HICKAM FED CREDIT UNION 0.50% 4.200% 48 1/31/2028 100,000.00 100,540.00 Security Identifier: 42869GAB2
GLOBAL FEDERAL CREDIT UNION 1.26% 4.600% 60 4/17/2028 249,000.00 252,428.73 Security Identifier: 37892MAC8
1st FINL BK USA 0.50% 3.900% 36 7/3/2028 100,000.00 99,972.00 Security Identifier: 32022RSY6
OPTUM BK 0.81% 4.450% 60 12/22/2028 160,000.00 162,091.20 Security Identifier: 68405VBV0
FIRST FOUNDATION BANK 0.50% 4.600% 60 5/10/2029 100,000.00 101,879.00 Security Identifier: 68405VBV0
CELTIC BANK 1.26% 4.000% 48 7/9/2029 249,000.00 249,321.21 Security Identifier: 15118R59
LEADERS CREDIT UNION 0.50% 4.000% 60 8/30/2029 100,000.00 100,132.00 Security Identifier: 52171MAN5
SOMERSET TR 1.26% 3.950% 54 1/8/2030 249,000.00 248,718.63 Security Identifier: 835104DG2
AMERICAN EXPERESS NATL BK 1.23% 4.100% 60 4/30/2030 244,000.00 244,897.92 Security Identifier: 02589AHE8
MORGAN STANLEY BK 0.71% 4.300% 60 7/1/2030 141,000.00 142,608.81 Security Identifier: 61690D7G7
MORGAN STANELY PRIVATE BK 1.23% 4.300% 60 7/1/2030 244,000.00 246,784.04 Security Identifier: 61776NTM5
Security First Bank 1.24% 4.000% 60 7/3/2030 245,000.00 244,924.05 Security Identifier: 81425PBZ3
United States Treasury Bill 0.11% 1.500% 7 8/15/2026 22,000.00 21,813.44 Security Identifier: 9128282A7
United States Treasury Bill 2.02% 3.500% 9 9/30/2026 400,000.00 399,460.00 Security Identifier: 91282CLP4
United States Treasury Bill 0.79% 4.125% 10 10/31/2026 157,000.00 157,277.89 Security Identifier: 91282CLS8
United States Treasury Bill 0.76% 4.250% 11 11/30/2026 151,000.00 151,492.26 Security Identifier: 91282CLY5
United States Treasury Bill 0.76% 3.875% 21 10/15/2027 151,000.00 151,083.05 Security Identifier: 91282CLQ2
United States Treasury Bill 1.00% 4.125% 22 11/15/2027 198,000.00 198,843.48 Security Identifier: 91282CLX7
United States Treasury Bill 0.50% 4.375% 60 12/31/2029 100,000.00 101,699.00 Security Identifier: 91282CMD0
Certificates of Deposits (Held with Multi-Securities Bank) U.S. Treasury Securities (Held with Multi-Securities Bank) 40 of 316
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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 56,320.88 Security Identifier: 69371RT30
PNC BK 2.02% 3.100% 21 10/25/2027 400,000.00 393,336.00 Security Identifier: 69353RFG8
KENVUE INC 0.76% 5.050% 26 3/22/2028 151,000.00 153,304.26 Security Identifier: 49177JAF9
SAN DIEGO GAS & ELEC CO 2.02% 4.950% 31 8/15/2028 400,000.00 406,348.00 Security Identifier: 797440CE2
DUKE ENERGY PROGRESS LLC 2.02% 3.700% 32 91/1/2025 400,000.00 395,604.00 Security Identifier: 26442UAG9
CENTERPOINT ENERGY HOUSTON ELEC LLC 2.02% 5.200% 33 10/1/2028 400,000.00 408,860.00 Security Identifier: 15189XBD9
KIMBERLY CLARK CORP 2.02% 3.950% 34 11/1/2028 400,000.00 397,492.00 Security Identifier: 494368BY8
UNION ELEC CO 1ST MTG BD 0.20% 3.500% 38 3/15/2029 40,000.00 39,102.00 Security Identifier: 906548CP5
TEXAS INSTRS INC 1.81% 2.250% 44 9/4/2029 358,000.00 335,553.40 Security Identifier: 882508BG8
ONCOR ELEC DELIVERY CO LLC 2.02% 4.650% 46 11/1/2029 400,000.00 403,048.00 Security Identifier: 68233JCW2
PROLOGIS L P SR 1.51% 2.875% 46 11/15/2029 300,000.00 284,406.00 Security Identifier: 74340XBY6
SUTTER HEALTH 1.57% 2.294% 55 8/15/2030 311,000.00 283,607.12 Security Identifier: 86944BAG8
SERVICENOW INC 2.02% 1.400% 56 9/1/2030 400,000.00 346,780.00 Security Identifier: 81762PAE2
FRANKLIN RES INC 2.02% 1.600% 58 10/30/2030 400,000.00 351,980.00 Security Identifier: 354613AL5
ASCENSION HEALTH 2.02% 4.294% 58 11/15/2030 400,000.00 396,080.00 Security Identifier: 04351LAD2
Multi-Securities Bank - Cash in Holding 469,457.16
Money Market (Held with Mechanics Bank) 0.51% 3.740% 0 n/a 101,424.00 101,424.00 Total City Investments 100.00% $ 19,832,855.22 $ 20,153,701.05 Investment Type % of Total Avg Yield Avg. Maturity
(mo.) Total
Local Agency Investment Fund 47.59% 4.200% 0.00 9,590,431.22 Certificate of Deposits 20.64% 4.064% 45.43 4,158,897.89 U.S. Treasury Securities 5.86% 3.679% 20.00 1,181,669.12 Corporate Bonds 23.08% 3.498% 39.80 4,651,821.66
Money Market Funds 2.83% 3.740% 0.00 570,881.16
Grand Total: 100.00% 3.829% 37.58 20,153,701.05
Corporate Bonds (Held with Multi-Securities Bank)
INVESTMENT PORTFOLIO SUMMARY
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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 March 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 March 31, 2026
Balance
7,728,408.50 10,472,793.83 12,282,478.50
1,151,205.27 1,446,479.40 1,720,138.10
006 - Wastewater Capital 175,903.00 270,378.05 470,920.38 020 - Water Fund 2,153,733.01 1,618,217.57 11,084,458.52 021 - Water Capital - - 339,574.07
376.54 - 11,238.97
16,098.46 - 63,274.64
199,016.72 477,911.34 340,935.13
027 - Local Transportation Fund 13,093.18 14,999.94 461,072.25 029 - Transportation Planning 3.42 19,113.37 (149,553.40) 031 - Measure A 252,694.87 788,999.64 471,325.20
032 - American Relief Act Fund - - 33,455.43
075 - Trust & Agency Fund 13,449.03 - 55,643.73
090 - Long-Term Debt - - (3,577,833.15)
091 - General Fixed Assets - - 30,480,832.05
3,359,349.79
18,544,188.25 54,012,015.10
30,480,832.05
092 - Capital Improvement Project
Fund
- 3,435,295.11 (75,945.32)
57,492,871.56 15,063,331.79
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 3/31/2026
Fund July 1, 2025
Balance
Total Revenues
i
•
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I J
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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: Rose Hess, Public Works Director
Meeting Date: May 14, 2026
Subject: Approval of Bond Release for Rio Vista Car Wash Project ______________________________________________________________________________
BACKGROUND
In November 2023, the Zoning Clearance 23-ZC-41 was issued for the Rio Vista Car Wash/Storage Structure located at 390 Highway 246. As a condition of approval for the development of the site, improvement bonds associated with the development were posted with the City prior to construction. The improvements requiring bonding include grading and site improvements.
The grading, utility work and recordation of all easements are now 100% complete, with the physical improvements completed in April 2025. The developer has requested a release of the bond posted. There were no warranty issues and the bond may be released in its entirety.
FISCAL IMPACT
Approval of the release of bond for Rio Vista Car Wash Project will not cause any fiscal impact to the City.
RECOMMENDATION
That the City Council authorize the release of Bond Number 72543259 in the amount of $149,200.00 for site improvements at Rio Vista located at 390 Highway 246.
Bond No. Purpose of Bond Original Amount Proposed Amount 72543259 Grading and Improvements $149,200.00 $0
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CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 8
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: May 14, 2026
Subject: Award of Bid for Purchase of Recreation Van
______________________________________________________________________________
BACKGROUND
Included in this Fiscal Year’s budget is the procurement of one Recreation Van for the City’s Recreation fleet. The van will supplement the 2 older Recreation Buses. Request for bids were sent out in April 2026 to Rio Vista Chevrolet and Jim Vreeland Ford. The City requested bidders to provide costs for a high-profile van (used and/or new) available that met the required specifications.
The City received one bid from Jim Vreeland Ford. A summary of the bid received is as follows:
Jim Vreeland Ford
Passenger Van Used 2021 Ford Transit
Passenger Wagon
Cost (incl tax and
doc)
$41,323.50
Extended Warranty $5,755
Total $59,755.67
Delivery May 2026
All bids shown here are total cost, including all taxes and fees.
The single bid received is from Jim Vreeland Ford in the amount of $59,755.67 for the vehicle. No new vans were available, only used. Staff were able to inspect the vehicle to ensure it complies with the requested specifications and finds it acceptable. Purchase of this vehicle is timely as it will be of essential use for Summer Camp. 44 of 316
Award of Bid – Rec Van Page 2 May 14, 2026
FISCAL IMPACT
Procurement of the van is within the existing budget allocation provided in the adopted FY 25/26 budget in the amount of $85,000. (001-511-73100)
RECOMMENDATION
That the City Council authorize the City Manager to purchase one used Recreation Van from Jim Vreeland Ford in the amount of $59,755.67.
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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: Rose Hess, Public Works Director
Meeting Date: May 14, 2026
Subject: Resolution No. 26-11 - “A Resolution of the City Council of the City of Buellton, California, Adopting the Fiscal Year 2026/2027 List of Projects Funded by SB1: The Road Repair and
Accountability Act of 2017”
______________________________________________________________________________
BACKGROUND
In April 2017, the Governor signed Senate Bill 1 (SB1), also known as the Road Repair and Accountability Act (RRAA) of 2017. Beginning November 1, 2017, the State Controller began depositing funds generated from increased fuel taxes and vehicle registration fees into the newly created Road Maintenance and Rehabilitation Account (RMRA). The four sources of revenue for the RMRA are:
A 12-cent per gallon gasoline excise tax, effective November 1, 2017 A 20-cent per gallon diesel excise tax increase, effective November 1, 2017 Vehicle registration surcharge, effective January 1, 2018 A $100 per year zero-emission vehicle registration surcharge, effective January 1, 2020
A portion of the RMRA funds will be distributed annually to eligible cities and counties for basic road maintenance, rehabilitation, and critical safety projects on local streets and road systems. The distribution will be made using the same formula that applies to the existing base 18-cent per gallon gasoline excise tax. The City’s annual allocation estimate for FY 2026/27 is $144,333.
SB1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. As outlined in the RRAA Reporting Guidelines, recipients of the RMRA funding are held accountable through performance goals that are tracked and reported. In order to be considered for funding in Fiscal Year 2026/27, agencies must provide a proposed list of projects to the California Transportation Committee by July 1, 2026. Exhibit A to Resolution 26-11 is the list of streets included in the 2026-27 Road Maintenance Expenditures. This will enable the RMRA funds to be included in the City’s annual road maintenance budget.
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SB1 2026/27 Page 2 May 14, 2026
In addition to an approved project list, the guidelines state all projects proposed to receive funding shall be included in the agencies’ adopted budgets. The FY 2026/27 Road Maintenance Project has already been identified as CIP # 092-325.
Also, this bill includes a “Maintenance of Effort” (MOE) requirement for local funds contributed to street and road repairs to help ensure that the new funding augments existing budgets for road repairs. Specifically it requires each city to spend no less than the annual average from its general fund during FY 2010 through FY 2012. The estimated MOE for the City of Buellton (posted on August 7, 2017) is $98,220.
FISCAL IMPACT
Estimated FY 2026/27 annual revenue anticipated from SB1 is approximately $144,333.
This amount will be included in the Revenues for FY 2026/27 These monies will augment the General Fund, Gas Tax and Measure A funds for the City’s road maintenance projects.
RECOMMENDATION
That the City Council consider approval of Resolution No. 26-11 – “A Resolution of the City Council of the City of Buellton, California, Adopting the Fiscal Year 2026/27 List of Projects Funded by SB1: The Road Repair and Accountability Act of 2017”.
ATTACHMENTS
Resolution No. 26-11 (Exhibit A)
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RESOLUTION NO. 26-11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BUELLTON,
CALIFORNIA, ADOPTING THE FISCAL
YEAR 2026/2027 LIST OF PROJECTS
FUNDED BY SB1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statues of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of all projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1, which must include a description and location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City of Buellton will receive an estimated $144,333 in RMRA funding in Fiscal Year 2026/27 from SB1; and
WHEREAS, this is the seventh year in which the City of Buellton is receiving SB1 funding and will enable the City of Buellton to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and WHEREAS, the City of Buellton has a public process to ensure public input into our community’s transportation project list though our public City Council meeting; and WHEREAS, the City of Buellton regularly and routinely reviews its pavement management plan to ensure that all areas of the community’s transportation system are addressed.
From this the SB1 project list ensures revenues are being used on high-priority and cost effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB1 will help the City of Buellton maintain and rehabilitate its streets/roads and active transportation infrastructure throughout the City this year and into the future; and
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Resolution No. 26-11 Page 2 May 14, 2026
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the streets and roads within Santa Barbara County are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will help bring our streets and roads into a “good-excellent” condition; and WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting edge technology, materials and practices, will have significant positive benefits statewide.
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 biennial budget for fiscal years 2025/26-2026/27 shall include $144,333 of SB1 monies under the Schedule of Revenues for FY 2026/27.
SECTION 3. The City of Buellton does hereby adopt the attached list of streets that will be included in the FY 2026/27 expenditures for Road Maintenance Projects (Exhibit “A”) to be funded in part with SB1/Road Maintenance and Rehabilitation Account revenues.
SECTION 4. 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 for SB1.
SECTION 5. The City of Buellton has complied with all other applicable provisions and requirements of SB1.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 14th day of May, 2026. _________________________________
David Silva
Mayor
ATTEST:
__________________________________
Linda Reid
City Clerk
Exhibit “A” – Buellton List of Roads to be Included in the FY 2026/27 Road Maintenance and Rehabilitation Account Project List
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EXHIBIT A
CITY OF BUELLTON SB1 – 2026/27 PROJECTS:
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FY 2026-27 ROAD MAINTENANCE PROJECT CIP # 092-325
Road maintenance activities to include crack sealing, localized ac removals and replacement and type II slurry seal with black rock, pavement rehabilitation, pavement markings and striping and appurtenant repairs such as curb and gutter and sidewalk repairs.
Estimated Schedule – Design – Winter 2026-27, Construction Spring/Summer 2027 Estimated Useful Life = 15 years
STREETS INCLUDED:
Riverview Drive
Tamarind Lane
Blue Blossom Way
Cliff Rose Lane
Alder Lane
Beech Court
Cedar Lane
Sycamore Drive
Second Street
Via Corona Drive
Dogwood Drive
Willo Lane
Valley Dairy Road
Arden Avenue
2026/27 Road Maintenance
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CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 10
To: The Honorable Mayor and City Council
From: Linda Reid, H.R. Director
Meeting Date: May 14, 2026
Subject: Resolution No. 26-08 – “A Resolution of the City Council of the City of Buellton, California, Adopting Updated Personnel Rules for City Employees, Effective Date: November 8, 2018 and Effective Date: March 12, 2026”
______________________________________________________________________________
BACKGROUND
CalPERS staff has requested that the City’s Personnel Rules indicate an “effective date” rather than a “revised date” on the cover of the Rules. Currently, the Personnel Rules show a revised date on the cover, which has been the City’s passed practice since the City’s incorporation in 1992. As requested by CalPERS, staff has revised the Personnel Rules cover with an effective date of November 8, 2018 (Attachment 1) and the Personnel Rules cover with an effective date of March 12, 2026 (Attachment 2). Staff has also prepared Resolution No. 26-08 that specifies the Rules’ effective date, which is attached for review and adoption.
RECOMMENDATION
That the City Council consider adoption of Resolution No. 26-08 - “A Resolution of the City Council of the City of Buellton, California, Adopting Updated Personnel Rules for City Employees, Effective Date: November 8, 2018 and Effective Date: March 12, 2026”
ATTACHMENTS
Resolution No. 26-08
Attachment 1 – Personnel Rules, Effective Date: November 8, 2018 Attachment 2 – Personnel Rules, Effective Date: March 12, 2026 51 of 316
RESOLUTION NO. 26-08
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BUELLTON, CALIFORNIA, ADOPTING
UPDATED PERSONNEL RULES FOR CITY
EMPLOYEES, EFFECTIVE DATE: NOVEMBER 8,
2018 AND EFFECTIVE DATE: MARCH 12, 2026”
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, the City Council of the City of Buellton adopted Resolution No. 26-03 Updating and Restating Personnel Rules for City Employees on March 12, 2026; and WHEREAS, attached hereto, marked as Attachment 1 to the staff report and incorporated herein by this reference, are the updated Buellton Personnel Rules with “effective date” of November 8, 2018; and
WHEREAS, attached hereto, marked as Attachment 2 to the staff report and incorporated herein by this reference, are the updated Buellton Personnel Rules with “effective date” of March 12, 2026; and
WHEREAS, the City Council desires to amend the Personnel Rules to indicate the effective dates on the front cover of the respective Personnel Rules at the request of CalPERS. 52 of 316
Resolution No. 26-08 Page 2 May 14, 2026
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 are hereby adopted as shown in Attachments 1 and 2 to show the respective “effective dates” of the Personnel Rules.
3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 14th day of May 2026. _____________________________
David Silva
Mayor
ATTEST:
_______________________________
Linda Reid
City Clerk
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CITY OF
BUELLTON
Personnel Rules
Effective Date: November 8, 2018
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TABLE OF CONTENTS
Page
-iRULE 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 .................................................................................... 8 SEC. 2.1 PREPARATION OF PLAN ............................................................. 8 SEC. 2.2 ALLOCATION OF POSITIONS ...................................................... 9 SEC. 2.3 NEW POSITIONS .......................................................................... 9 SEC. 2.4 RECLASSIFICATION AND REALLOCATION................................ 9 SEC. 2.5 CLASS SPECIFICATIONS/JOB DESCRIPTIONS ......................... 9 RULE III. COMPENSATION ................................................................................... 10 SEC. 3.1 SALARY ON APPOINTMENT ...................................................... 10 SEC. 3.2 SALARY ANNIVERSARY DATES ............................................... 10 SEC. 3.3 INCREASES WITHIN SALARY RANGE ...................................... 10 SEC. 3.4 SALARY UPON PROMOTION ..................................................... 11 SEC. 3.5 SALARY UPON TRANSFER ....................................................... 11 SEC. 3.6 SALARY ON CHANGE IN RANGE ASSIGNMENT ..................... 11 SEC. 3.7 SALARY ON REALLOCATION OF POSITION FOLLOWING
RECLASSIFICATION ................................................................... 11 SEC. 3.8 CAREER ADVANCEMENT .......................................................... 11 SEC. 3.9 SALARY ON DEMOTION ............................................................ 12 SEC. 3.10 ACTING PAY ............................................................................... 12 SEC. 3.11 ON-CALL PAY ............................................................................. 13 SEC. 3.12 MONTHLY SALARY .................................................................... 13 SEC. 3.13 LONGEVITY/SERVICE BONUS .................................................. 13 SEC. 3.14 SPECIAL SALARY ADJUSTMENTS ........................................... 13 SEC. 3.15 PAY PERIODS ............................................................................. 13 55 of 316
TABLE OF CONTENTS
(continued)
Page
-iiRULE IV. APPLICATIONS, RECRUITMENT AND EXAMINATIONS ..................... 14 SEC. 4.1 VACANCIES ................................................................................ 14 SEC. 4.2 ANNOUNCEMENT OF VACANCIES/ACCEPTANCE OF
APPLICATIONS ........................................................................... 14 SEC. 4.3 ELIGIBILITY LIST/SELECTION TESTING ................................... 15 RULE V. APPOINTMENTS ................................................................................... 19 SEC. 5.1 APPOINTMENT OF NEW EMPLOYEE ....................................... 19 SEC. 5.2 PROVISIONAL APPOINTMENTS ................................................ 19 SEC. 5.3 ACTING APPOINTMENTS TO A HIGHER CLASS ..................... 20 SEC. 5.4 REINSTATEMENT ....................................................................... 21 SEC. 5.5 TRANSFER .................................................................................. 21 SEC. 5.6 NEPOTISM .................................................................................. 22 RULE VI. PROBATION ........................................................................................... 25 SEC. 6.1 PROBATIONARY STATUS ......................................................... 25 SEC. 6.2 PROBATIONARY PERIODS ....................................................... 25 SEC. 6.3 REGULAR STATUS ..................................................................... 26 SEC. 6.4 REJECTION DURING PROBATIONARY PERIOD OF
PROMOTED EMPLOYEES ......................................................... 26 RULE VII. PERFORMANCE REPORTS .................................................................. 26 SEC. 7.1 POLICY ........................................................................................ 26 SEC. 7.2 AUTHORITY TO MAKE REPORTS ............................................. 27 SEC. 7.3 TIME FOR REPORTING .............................................................. 27 SEC. 7.4 REVIEW WITH EMPLOYEE ........................................................ 27 SEC. 7.5 DISTRIBUTION OF REPORTS .................................................... 28 SEC. 7.6 PERFORMANCE RATINGS ........................................................ 28 RULE VIII. HOURS OF WORK/OVERTIME ............................................................. 30 SEC. 8.1 POLICY ........................................................................................ 30 SEC. 8.2 WORK WEEK .............................................................................. 30 SEC. 8.3 DAILY HOURS OF WORK ........................................................... 30 SEC. 8.4 CHANGE IN WORKING HOURS ................................................. 30 SEC. 8.5 OVERTIME AND COMPENSATORY TIME OFF ......................... 30 56 of 316
TABLE OF CONTENTS
(continued)
Page
-iiiSEC. 8.6 REST BREAKS ............................................................................ 31 SEC. 8.7 MEAL PERIODS .......................................................................... 32 RULE IX. LEAVES OF ABSENCE .......................................................................... 32 SEC. 9.1 HOLIDAYS ................................................................................... 32 SEC. 9.2 VACATION ................................................................................... 33 SEC. 9.3 SICK LEAVE ................................................................................ 34 SEC. 9.4 BEREAVEMENT LEAVE ............................................................. 37 SEC. 9.5 PERSONAL LEAVE ..................................................................... 38 SEC. 9.6 MILITARY LEAVE ........................................................................ 38 SEC. 9.7 JURY DUTY ................................................................................. 38 SEC. 9.8 VOTING LEAVE ........................................................................... 39 SEC. 9.9 ELECTION OFFICIAL LEAVE...................................................... 39 SEC. 9.10 LACTATION BREAKS ................................................................. 39 SEC. 9.11 UNPAID LEAVES OF ABSENCE ................................................. 39 SEC. 9.12 UNAUTHORIZED LEAVES OF ABSENCE AND FAILURE
TO RETURN FROM LEAVE ........................................................ 40 SEC. 9.13 MANAGEMENT LEAVE ............................................................... 41 SEC. 9.14 SICK LEAVE DONATION POLICY .............................................. 41 SEC. 9.15 VICTIM LEAVE ............................................................................ 44 SEC. 9.16 SCHOOL VISITATION OR PARTICIPATION LEAVE .................. 44 SEC. 9.17 LEAVE FOR EMERGENCY DUTY AS VOLUNTEER
FIREFIGHTER, RESERVE PEACE OFFICER, OR
EMERGENCY RESCUE PERSONNEL ....................................... 44 RULE X. LAYOFF/SEPARATION/RETIREMENT .................................................. 45 SEC. 10.1 ELIMINATION OF POSITIONS .................................................... 45 SEC. 10.2 LAYOFF PROCEDURE ............................................................... 45 SEC. 10.3 RESIGNATIONS .......................................................................... 45 SEC. 10.4 TERMINATIONS .......................................................................... 45 SEC. 10.5 RETIREMENT/DISABILITY RETIREMENT ................................. 45 57 of 316
TABLE OF CONTENTS
(continued)
Page
-ivRULE XI. OUTSIDE EMPLOYMENT/POLITICAL ACTIVITIES .............................. 45 SEC. 11.1 OUTSIDE EMPLOYMENT ........................................................... 45 SEC. 11.2 POLITICAL ACTIVITIES .............................................................. 47 RULE XII. DISCIPLINARY ACTIONS ...................................................................... 47 SEC. 12.1 CAUSES ...................................................................................... 47 SEC. 12.2 AUTHORITY FOR DISCIPLINARY ACTIONS ............................. 49 SEC. 12.3 TYPES OF DISCIPLINARY ACTION ........................................... 49 SEC. 12.4 PROCEDURES FOR SERIOUS DISCIPLINARY ACTIONS ....... 50 SEC. 12.5 ADMINISTRATIVE LEAVE WITH PAY ........................................ 54 SEC. 12.6 TIME EXTENSIONS .................................................................... 54 SEC. 12.7 DELIVERY OF NOTICES ............................................................ 54 RULE XIII. GRIEVANCE AND COMPLAINT PROCEDURE .................................... 54 SEC. 13.1 ESTABLISHMENT ....................................................................... 54 SEC. 13.2 SCOPE OF PROCEDURES ........................................................ 55 SEC. 13.3 DEFINITIONS .............................................................................. 55 SEC. 13.4 COMPLAINT PROCEDURE ........................................................ 55 SEC. 13.5 GRIEVANCE PROCEDURE ........................................................ 56 SEC. 13.6 GENERAL PROVISIONS ............................................................. 56 RULE XIV. EMPLOYEE BENEFITS .......................................................................... 57 SEC. 14.1 HEALTH BENEFITS .................................................................... 57 SEC. 14.2 RETIREMENT BENEFITS ........................................................... 57 SEC. 14.3 DEFERRED COMPENSATION PLAN ......................................... 58 RULE XV. EDUCATIONAL ASSISTANCE AND CERTIFICATION PAY .................. 59 SEC. 15.1 EDUCATIONAL ASSISTANCE FOR TRAINING AND
ADVANCEMENT .......................................................................... 59 SEC. 15.2 LICENSES AND CERTIFICATION ASSISTANCE ....................... 59 SEC. 15.3 SWRCB OPERATOR CERTIFICATION PAY .............................. 60 SEC. 15.4 BILINGUAL PAY .......................................................................... 60 SEC. 15.5 NOTARY PAY .............................................................................. 61 58 of 316
TABLE OF CONTENTS
(continued)
Page
-vSEC. 15.6 EDUCATION INCENTIVE PAY FOR POST-SECONDARY
DEGREE, CERTIFIED PUBLIC ACCOUNTANT
DESIGNATION, OR PROFESSIONAL ENGINEER
LICENSE ...................................................................................... 61 SEC. 15.7 CMC PAY ..................................................................................... 62 RULE XVI. CITY-PROVIDED ATTIRE AND EQUIPMENT ....................................... 62 SEC. 16.1 CLOTHING .................................................................................. 62 SEC. 16.2 EQUIPMENT ................................................................................ 63 SEC. 16.3 SAFETY EQUIPMENT AND PROTECTIVE CLOTHING ............. 63 RULE XVII. DRESS CODE ........................................................................................ 64 SEC. 17.1 GENERAL POLICY ...................................................................... 64 SEC. 17.2 GENERAL GUIDELINES FOR ATTIRE AND FOOTWEAR ......... 64 SEC. 17.3 LIMITED EXCEPTIONS ............................................................... 64 SEC. 17.4 TATTOOS AND JEWELRY .......................................................... 64 SEC. 17.5 GROOMING ................................................................................. 65 SEC. 17.6 VIOLATIONS................................................................................ 65 SEC. 17.7 ACCOMMODATION OF PROTECTED CHARACTERISTICS ..... 65 RULE XVIII. POLICY AGAINST WORKPLACE VIOLENCE ....................................... 65 SEC. 18.1 OBJECTIVES ............................................................................... 65 SEC. 18.2 THREATS OR ACTS OF VIOLENCE DEFINED .......................... 66 SEC. 18.3 REPORTING WORKPLACE VIOLENCE ..................................... 67 SEC. 18.4 REPORTING POTENTIAL FUTURE WORKPLACE
VIOLENCE ................................................................................... 67 SEC. 18.5 VIOLATION OF RULE ................................................................. 67 RULE XIX. PERSONNEL FILES AND RECORDS ................................................... 68 SEC. 19.1 IN GENERAL ............................................................................... 68 RULE XX. WHISTLE BLOWING POLICY ................................................................ 69 SEC. 20.1 DEFINITION OF “WHISTLE BLOWING” ...................................... 69 SEC. 20.2 SCOPE OF POLICY .................................................................... 70 SEC. 20.3 PROCEDURE .............................................................................. 70 SEC. 20.4 PROTECTION FROM RETALIATION BECAUSE OF GOOD
FAITH COMPLAINTS, REPORTS, OR INQUIRIES: .................... 70 59 of 316
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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, the 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), the following Rules will also apply to Department Directors: 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 Examininations); 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 XIX (Personnel Files and Records), and Rule XX (Whistleblowing).
C. In addition to the Rules identified in Section 1.2(A), the following Rules will also apply to all temporary, seasonal, and part-time employees: 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 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.
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SEC. 1.3 AMENDMENT OF RULES
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 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: 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.
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 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.
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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/her 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 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;
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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/her designee.
20. Internal Recruitment: A recruitment for a particular Position that is open to Regular and probationary Employees 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: Employee who hold Positions that, by the nature of the job requirements or the salary earned, is entitled to earn compensation at an overtime rate. 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, or as may be expressly provided in these Rules.
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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/her 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.
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.
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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. 1.5 NON-DISCRIMINATION
A. Equal Employment Opportunity
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, color, ancestry, national or geographical origin, ethnicity, sex, gender, sexual orientation (including homosexuality, heterosexuality, and bisexuality), gender identity, gender expression, age, 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, nor does the City discriminate against applicants or employees who are perceived to have such characteristics or who associate with an individual having such 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/her 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 65 of 316
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is not limited to job restructuring, reassignment to a vacant Position for which the employee is qualified, leaves of absence, and making facilities accessible.
2. Reasonable Documentation of Disability. 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 as to the effect of the disability on the employee’s ability to perform his/her essential functions, but will not require disclosure of diagnosis or genetic history.
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/her 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 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 of any decisions made under this section in writing.
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
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(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.
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. Prevention of Harassment/ Discrimination/Retaliation
1. 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, 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, 67 of 316
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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.
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. 68 of 316
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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.
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/her 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 performance evaluation, to encourage an employee to perform at his/her 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.
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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/she held in his/her 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/she previously received and his/her salary anniversary date shall not change.
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/she was receiving in the former range and he/she 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/she was receiving in the former range and he/she 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/her Position is reallocated, his/her 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 70 of 316
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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/her 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.
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/she was 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/her 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/she would have attained in that lower Class if his/her services had been continuous in said lower Class with the same level of performance and length of service. He/she shall retain his/her 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/she 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.
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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.
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 $60.25 for each pay period for which they are in "oncall" 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 without a directly proportionate decrease in compensation, unless paid leave is used to make up the difference.
SEC. 3.13 LONGEVITY/SERVICE BONUS
As an incentive for continued employment with the City, employees will receive a bonus on the following schedule:
A. $50 per month for completion of 5 to 9 consecutive or cumulative years of City employment.
B. $100 per month for completion of 10 to 14 consecutive or cumulative years of City employment;
C. $150 per month for completion of 15 to 19 consecutive or cumulative years of City employment.
D. $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. 3.14 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. 3.15 PAY PERIODS
A. Timing of Pay Periods
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1. The salaries and wages of all employees are paid bi-weekly.
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.
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.
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/her 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 performance report will be disqualified from further consideration at the first step of the internal recruitment. 73 of 316
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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.F. 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.
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. The 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 74 of 316
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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 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. Two (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. 75 of 316
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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 grounds for removal. A candidate who is notified of his/her removal under this section may request in writing that the Personnel Officer restore his/her 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/she wishes his/her 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.
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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 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 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 Housing.
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3. Pre-Employment Medical Examinations
Following a conditional offer of employment, all job applicants are 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, 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 Article 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) 78 of 316
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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/her Probationary Period and shall be entitled to the same salary and other benefits as an applicant appointed from an eligibility list except that he/she 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 positon 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/her 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 step status and merit increase eligibility date he/she would have achieved if the employee had remained in the lower class throughout the period of his/her 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/her most recent performance evaluation. 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/she 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 80 of 316
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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.
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.
6. Prohibited Conduct. Conduct by Family Members including, but not limited to, one or more of the following:
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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 Article, 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 Article 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 Article, his or her name shall remain on the eligibility list for openings in the same classification. For each opening, the Personnel Officer shall make a determination consistent with Section 5.6(B)(3).
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C. Guidelines for Current Employees.
1. Employees shall report a Change of Status to the Personnel Officer within a reasonable time 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 determines, subject to any applicable requirements of due process, that an employee has engaged in Prohibited Conduct, the Department Director shall re-visit 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 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, the
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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 Article that may be in conflict with this Article, 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 or to the Personnel Officer.
E. Savings Clause. Should any provision of this Rule, 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 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.
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 84 of 316
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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/her Probationary Period extended for up to an additional six (6) months, but for no longer than a total of twelve months. The Appointing Authority shall notify the Personnel Officer 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/her 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/she has been promoted shall be reinstated to the Position from which he/she was promoted, if such Position is vacant and existing, unless he/she is discharged for cause, which would have been sufficient to cause his/her discharge from his/her former Position as well. In such case, the employee shall be entitled to appeal his/her discharge as provided in these rules.
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.
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 85 of 316
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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.
SEC. 7.2 AUTHORITY TO MAKE REPORTS
Department Directors shall have the authority to prepare reports of performance for those employees within his/her 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/her 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.
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 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/she 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/her 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/her performance report within 10 calendar days of receipt of the 86 of 316
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performance report. Any such response will be attached to the employee’s performance report and maintained in his/her 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/her for his/her 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.
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/her 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. 87 of 316
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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/her 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/her Department Director or the Personnel Officer to provide input into the terms of the Performance Improvement Plan before the Plan takes effect. However, in the Personnel Officer’s discretion, the Performance Improvement Plan may take effect prior to expiration of the employee’s time to respond to his/her 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.
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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 12:01 a.m. on Saturday and ending at 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.
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. Employees 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.
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2. All 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 an employee’s regularly scheduled shift:
a. An 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. Non-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.
5. Employees shall be subject to discipline, up to and including termination, for violation(s) of this section.
B. Compensatory Time Off: Employees 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.
Employees may not accrue more than one hundred twenty (120) hours of compensatory time off. Employees 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. An 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. 90 of 316
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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
3. Presidents’ Day
4. Memorial Day
5. Independence Day (July 4)
6. Labor Day
7. Veteran’s Day (November 11)
8. Thanksgiving Day
9. Day After Thanksgiving Day
10. Christmas Eve (December 24)
11. 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.
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), he/she shall be paid for all hours worked at the rate of two (2) times his/her hourly rate of pay and shall be granted a different day off in lieu of the holiday.
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G. Birthday Holiday: Each employee is entitled to one paid holiday in celebration of his/her 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/her 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.
SEC. 9.2 VACATION
A. Full-time Regular and Probationary employees in all classifications shall accrue vacation, on a daily basis, 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/her 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/she shall cease vacation accrual until his/her 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.
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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 time 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.
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.
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 for 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.
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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 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 24 hours of sick leave on July 1, 2015 or on the first day of the next 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 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 24-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/her 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/her immediate supervisor prior to his/her assigned work shift, including, but not limited to accident, injury, or hospitalization.
a. An employee shall notify his/her 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/her 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/her 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/her separation date shall have his/her 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/her 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. Employees will receive up to three (3) working days of paid bereavement leave per calendar year, per immediate family member. Employees who provide documentation demonstrating a need for their attendance at a distance greater 96 of 316
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than 300 miles from the City may be permitted up to a total of five (5) working days of paid bereavement leave, at the discretion of the Personnel Officer.
C. For purposes of this Section 9.4, "immediate family" shall have the same definition as in Section 9.3.A.1. 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 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 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/she 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/her dismissal each day to complete his/her normal work day.
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 230 of the California Labor Code. 97 of 316
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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/she may take off such working time as will enable him/her 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/her 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 and an appropriate area for the purpose of the employee expressing breast milk for the employee’s infant child.
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. 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 retains sole discretion in identifying an "appropriate area" on a case-by-case basis.
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) 98 of 316
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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. 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 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. An employee shall be entitled to reinstatement in his/her 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 he/she received when he began his/her 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.
SEC. 9.12 UNAUTHORIZED LEAVES OF ABSENCE AND FAILURE TO
RETURN FROM LEAVE
A. An employee may be considered to have voluntarily resigned from his/her employment with the City under any of the following circumstances:
1. Absence from his/her 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. 99 of 316
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B. The City shall provide written notice to employees who are considered to have voluntarily resigned. The notice shall describe the facts on which the voluntary resignation is based and the right to petition the Personnel Officer for reconsideration.
C. Employees who are considered to have resigned under Section 9.12.A. can petition the Personnel Officer for reconsideration by submitting a written statement within five (5) days of the date of 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
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/she shall cease accrual of management leave until his/her total number of vacation 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 rate.
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/her 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/her behalf, an employee must meet all the following conditions:
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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 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/her 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.
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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/she was 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/her 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 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.
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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 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
Victims 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 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.
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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 must provide notice of resignation at least two weeks prior to leaving the City’s service, unless the time limit is 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.
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 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 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, 104 of 316
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enterprise or activity (collectively "outside employment') under the following circumstances only:
1. They notify the Appointing Authority prior to beginning outside employment, providing sufficient information for the Appointing Authority to determine whether the outside employment is consistent with this Rule.
2. The 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.
3. The Appointing Authority will approve proposed outside employment that he/she 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 Appointing Authority shall advise the employee in writing as to whether the outside employment is approved or prohibited. 105 of 316
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5. An employee may submit a written appeal to the Personnel Officer within fourteen (14) days from the employee’s receipt of the Appointing Authority’s written determination that a proposed outside employment is prohibited. The written appeal shall specify the grounds on which the employee challenges the Appointing 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 appointing authority to discuss the appointing authority’s determination. The Personnel Officer shall issue a written decision to the employee and the Appointing Authority within fourteen (14) days from the date of the meeting. The decision of the Personnel Officer shall be final.
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 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
Employees may not solicit political funds or contributions from other employees 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
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;
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6. Dishonesty;
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;
9. Tardiness;
10. Failure to maintain satisfactory working relationships with other employees, officials, or the public;
11. Reporting for work, or being at work, under the influence of or in possession of alcohol, or non-prescribed controlled substances;
12. Assault, battery, or fighting while on duty or under the guise of office;
13. Gambling on City property or during working hours;
14. Sleeping on the job or leaving the job without authorization;
15. Improper use of City funds;
16. Acceptance of bribes or extortion;
17. Unauthorized use of City property;
18. Falsification of records, including information provided on an application for employment or on time sheets;
19. Failure to properly care for City property;
20. 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. Carelessness or negligence;
22. Failure to maintain any employment qualification;
23. Discourteous treatment of the public or fellow employees;
24. Failure to comply with safety standards;
25. Interfering with the work performance of others;
26. Abuse of leaves of absence, including sick leave; and/or
27. Other failure of good behavior either during or outside of employment such that the employee’s conduct causes discredit to the City. 107 of 316
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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.
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/her poor performance verbally by his/her Department Director. The employee shall have no right to prior notice and no right of appeal.
2. Written Reprimand: Written reprimand as a Disciplinary Action means an official notification of the employee that there is cause for dissatisfaction with his/her 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.
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 108 of 316
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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/her 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 proposed Disciplinary Action if it was delivered by United States 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 109 of 316
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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 (7) 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. 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;
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. 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 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.
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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/her 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/her 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 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. 111 of 316
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5. The Hearing Officer shall not take testimony from one (1) party outside the presence of the other.
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.
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. 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 the Personnel Rules, or any resolutions, ordinances, or policies adopted by the City.
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.
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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. 12.6 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. 12.7 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/her 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.
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.
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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.
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 inaction.
B. Complaint Procedure: The process by which a determination is made as to whether or not a wrong has been committed. 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.1-6.
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 evaluations and Performance Improvement Plans;
2. Deferred merit salary increases;
3. All Lesser Disciplinary Actions;
4. Policy decisions of the City Council;
5. Transfer to another Position in the same classification without a loss of pay; and
6. 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/her 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/her meeting with the employee.
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B. Step 2: If the action taken by his/her Department Director is not satisfactory, the employee shall submit his/her 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/her receipt of the complaint. The Human Resources Director or designee shall have twenty (20) days from the date of his/her meeting with the employee to issue a decision. The decision of the Human Resources Director or designee is final.
SEC. 13.5 GRIEVANCE PROCEDURE
A. Step 1: The employee shall inform, in writing, his/her Department Director of his/her 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/her Department Director after the employee has expressed his/her grievance. The Department Director shall advise the employee of his/her 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/her Department Director, the specific provision of the Personnel Ordinance, resolution, or Personnel Rules that the grievant asserts has been violated, and the remedy the grievant seeks. The City Manager or his/her designee shall take such review and investigative action as he/she deems necessary and inform the grievant of his/her decision in writing within fourteen (14) days of receipt of the grievance. The decision of the City Manager or his/her 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. 115 of 316
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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 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. 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. 116 of 316
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3. City Payment of Required Member Contribution
The City shall pay the full seven percent (7%) required Member contribution.
B. 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.
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 Period, Full-Time Employees shall be enrolled in the City’s deferred compensation plan.
A. Employees hired before January 1, 2012 are entitled to a contribution from the City equal to six (6) percent of base compensation.
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.
C. At the discretion of the City Manager, and to the extent permitted by law, Department Directors hired on or after January 1, 2012 may be granted 117 of 316
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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.
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.
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. 118 of 316
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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
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. --
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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/her 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.
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, OR
PROFESSIONAL ENGINEER LICENSE
A. All full-time employees are eligible for premium pay equal to 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/her job classification, and must be issued by an accredited institution.
2. Certified Public Accountant 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.
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.
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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.
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.
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:
a. Up to ten (10) shirts will be provided to each employee per fiscal year.
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b. Employees will be reimbursed for purchase of up to five (5) pairs of jeans per fiscal year, up to a maximum amount of $300 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 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 OSHA from a vendor pre-selected by the Public Works Director. After purchase of the approved safety shoes, the employee will present a 122 of 316
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receipt of purchase to his/her Department Director for reimbursement.
The maximum amount of reimbursement will be two hundred dollars ($200.00), 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.
B. The City 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.
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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 to accommodate an employee’s protected characteristic(s).
RULE XVIII. POLICY AGAINST WORKPLACE VIOLENCE
SEC. 18.1 OBJECTIVES
The City is strongly committed to ensuring the safety of all employees. 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:
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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.
F. Harassing surveillance or stalking, which is engaging in a pattern of conduct with the intent to follow, alarm, or harass another individual, which presents a credible threat 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.
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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
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.
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RULE XIX. PERSONNEL FILES AND RECORDS
SEC. 19.1 IN GENERAL
The City maintains a personnel file on each employee. 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 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/her 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.
3. A current employee may inspect his/her personnel file at the place the employee reports to work, or may instead consent to inspect his/her 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/her 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/her personnel file must provide a satisfactory written authorization for inclusion with the written request. 127 of 316
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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.
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. Each employee is responsible for keeping his/her file up to date by notifying the Personnel Officer of any changes 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.
RULE XX. WHISTLE BLOWING POLICY
SEC. 20.1 DEFINITION OF “WHISTLE BLOWING”
A. For purposes of this provision, "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:
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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 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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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
Personnel Rules
Effective Date: March 12, 2026
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-iRULE I. GENERAL PROVISIONS ......................................................................... 1 SEC. 1.1 PURPOSE ..................................................................................... 1 SEC. 1.2 APPLICABILITY ............................................................................. 1 SEC. 1.3 PRIOR POLICIES REPEALED; AMENDMENT OF RULES .......... 1 SEC. 1.4 RELATIONSHIP WITH ADMINISTRATIVE POLICIES .................. 2 SEC. 1.5 SEVERABILITY .............................................................................. 2 SEC. 1.6 DEFINITION OF TERMS ............................................................... 2 SEC. 1.7 NON-DISCRIMINATION ................................................................ 6 RULE II. CLASSIFICATION .................................................................................... 9 SEC. 2.1 PREPARATION OF PLAN ............................................................. 9 SEC. 2.2 ALLOCATION OF POSITIONS ...................................................... 9 SEC. 2.3 NEW POSITIONS ........................................................................ 10 SEC. 2.4 RECLASSIFICATION AND REALLOCATION.............................. 10 SEC. 2.5 CLASS SPECIFICATIONS/JOB DESCRIPTIONS ....................... 10 RULE III. COMPENSATION ................................................................................... 11 SEC. 3.1 SALARY ON APPOINTMENT ...................................................... 11 SEC. 3.2 SALARY ANNIVERSARY DATES ............................................... 11 SEC. 3.3 INCREASES WITHIN SALARY RANGE ...................................... 11 SEC. 3.4 SALARY UPON PROMOTION ..................................................... 11 SEC. 3.5 SALARY UPON TRANSFER ....................................................... 12 SEC. 3.6 SALARY ON CHANGE IN RANGE ASSIGNMENT ..................... 12 SEC. 3.7 SALARY ON REALLOCATION OF POSITION FOLLOWING
RECLASSIFICATION ................................................................... 12 SEC. 3.8 CAREER ADVANCEMENT .......................................................... 12 SEC. 3.9 SALARY ON DEMOTION ............................................................ 13 SEC. 3.10 ACTING PAY ............................................................................... 13 SEC. 3.11 ON-CALL PAY ............................................................................. 13 SEC. 3.12 LONGEVITY/SERVICE BONUS .................................................. 14 SEC. 3.13 SPECIAL SALARY ADJUSTMENTS ........................................... 14 SEC. 3.14 PAY PERIODS ............................................................................. 14 132 of 316
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-iiRULE IV. APPLICATIONS, RECRUITMENT AND EXAMINATIONS ..................... 14 SEC. 4.1 VACANCIES ................................................................................ 14 SEC. 4.2 ANNOUNCEMENT OF VACANCIES/ACCEPTANCE OF
APPLICATIONS ........................................................................... 15 SEC. 4.3 ELIGIBILITY LIST/SELECTION TESTING ................................... 16 RULE V. APPOINTMENTS ................................................................................... 20 SEC. 5.1 APPOINTMENT OF NEW EMPLOYEE ....................................... 20 SEC. 5.2 PROVISIONAL APPOINTMENTS ................................................ 20 SEC. 5.3 ACTING APPOINTMENTS TO A HIGHER CLASS ..................... 21 SEC. 5.4 REINSTATEMENT ....................................................................... 22 SEC. 5.5 TRANSFER .................................................................................. 22 SEC. 5.6 NEPOTISM .................................................................................. 22 RULE VI. PROBATION ........................................................................................... 26 SEC. 6.1 PROBATIONARY STATUS ......................................................... 26 SEC. 6.2 PROBATIONARY PERIODS ....................................................... 26 SEC. 6.3 REGULAR STATUS ..................................................................... 27 SEC. 6.4 REJECTION DURING PROBATIONARY PERIOD OF
PROMOTED EMPLOYEES ......................................................... 27 RULE VII. PERFORMANCE REPORTS .................................................................. 27 SEC. 7.1 POLICY ........................................................................................ 27 SEC. 7.2 AUTHORITY TO MAKE REPORTS ............................................. 28 SEC. 7.3 TIME FOR REPORTING .............................................................. 28 SEC. 7.4 REVIEW WITH EMPLOYEE ........................................................ 29 SEC. 7.5 DISTRIBUTION OF REPORTS .................................................... 29 SEC. 7.6 PERFORMANCE RATINGS ........................................................ 29 RULE VIII. HOURS OF WORK/OVERTIME ............................................................. 31 SEC. 8.1 POLICY ........................................................................................ 31 SEC. 8.2 WORK WEEK .............................................................................. 31 SEC. 8.3 DAILY HOURS OF WORK ........................................................... 31 SEC. 8.4 CHANGE IN WORKING HOURS ................................................. 31 SEC. 8.5 OVERTIME AND COMPENSATORY TIME OFF ......................... 31 133 of 316
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-iiiSEC. 8.6 REST BREAKS ............................................................................ 33 SEC. 8.7 MEAL PERIODS .......................................................................... 33 RULE IX. LEAVES OF ABSENCE .......................................................................... 33 SEC. 9.1 HOLIDAYS ................................................................................... 33 SEC. 9.2 VACATION ................................................................................... 34 SEC. 9.3 SICK LEAVE ................................................................................ 35 SEC. 9.4 BEREAVEMENT LEAVE ............................................................. 39 SEC. 9.5 PERSONAL LEAVE ..................................................................... 39 SEC. 9.6 MILITARY LEAVE ........................................................................ 40 SEC. 9.7 JURY DUTY ................................................................................. 40 SEC. 9.8 VOTING LEAVE ........................................................................... 40 SEC. 9.9 ELECTION OFFICIAL LEAVE...................................................... 40 SEC. 9.10 LACTATION BREAKS ................................................................. 41 SEC. 9.11 UNPAID LEAVES OF ABSENCE ................................................. 42 SEC. 9.12 UNAUTHORIZED LEAVES OF ABSENCE AND FAILURE TO RETURN FROM LEAVE .............................................................. 43 SEC. 9.13 MANAGEMENT LEAVE ............................................................... 44 SEC. 9.14 SICK LEAVE DONATION POLICY .............................................. 44 SEC. 9.15 VICTIM LEAVE ............................................................................ 47 SEC. 9.16 SCHOOL VISITATION OR PARTICIPATION LEAVE .................. 47 SEC. 9.17 REPRODUCTIVE LOSS LEAVE .................................................. 47 SEC. 9.18 FITNESS FOR DUTY LEAVE ...................................................... 47 SEC. 9.19 PERSONNEL ACTION LEAVE .................................................... 49 SEC. 9.20 LEAVE FOR EMERGENCY DUTY AS VOLUNTEER
FIREFIGHTER, RESERVE PEACE OFFICER, OR EMERGENCY
RESCUE PERSONNEL ............................................................... 49 RULE X. LAYOFF/SEPARATION/RETIREMENT .................................................. 49 SEC. 10.1 ELIMINATION OF POSITIONS .................................................... 49 SEC. 10.2 LAYOFF PROCEDURE ............................................................... 49 SEC. 10.3 RESIGNATIONS .......................................................................... 50 SEC. 10.4 TERMINATIONS .......................................................................... 50 SEC. 10.5 RETIREMENT/DISABILITY RETIREMENT ................................. 50 134 of 316
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-ivSEC. 10.6 EMPLOYEE OBLIGATIONS UPON SEPARATION ..................... 50 RULE XI. OUTSIDE EMPLOYMENT/POLITICAL ACTIVITIES .............................. 51 SEC. 11.1 OUTSIDE EMPLOYMENT ........................................................... 51 SEC. 11.2 POLITICAL ACTIVITIES .............................................................. 52 RULE XII. DISCIPLINARY ACTIONS ...................................................................... 53 SEC. 12.1 CAUSES ...................................................................................... 53 SEC. 12.2 AUTHORITY FOR DISCIPLINARY ACTIONS ............................. 55 SEC. 12.3 TYPES OF DISCIPLINARY ACTION ........................................... 55 SEC. 12.4 PROCEDURES FOR SERIOUS DISCIPLINARY ACTIONS ....... 56 SEC. 12.5 TIME EXTENSIONS .................................................................... 60 SEC. 12.6 DELIVERY OF NOTICES ............................................................ 60 RULE XIII. GRIEVANCE AND COMPLAINT PROCEDURE .................................... 60 SEC. 13.1 ESTABLISHMENT ....................................................................... 60 SEC. 13.2 SCOPE OF PROCEDURES ........................................................ 60 SEC. 13.3 DEFINITIONS .............................................................................. 60 SEC. 13.4 COMPLAINT PROCEDURE ........................................................ 61 SEC. 13.5 GRIEVANCE PROCEDURE ........................................................ 61 SEC. 13.6 GENERAL PROVISIONS ............................................................. 62 RULE XIV. EMPLOYEE BENEFITS .......................................................................... 63 SEC. 14.1 HEALTH BENEFITS .................................................................... 63 SEC. 14.2 RETIREMENT BENEFITS ........................................................... 63 SEC. 14.3 DEFERRED COMPENSATION PLAN ......................................... 64 RULE XV. EDUCATIONAL ASSISTANCE AND CERTIFICATION PAY .................. 65 SEC. 15.1 EDUCATIONAL ASSISTANCE FOR TRAINING AND
ADVANCEMENT .......................................................................... 65 SEC. 15.2 LICENSES AND CERTIFICATION ASSISTANCE ....................... 65 SEC. 15.3 SWRCB OPERATOR CERTIFICATION PAY .............................. 65 SEC. 15.4 BILINGUAL PAY .......................................................................... 66 SEC. 15.5 NOTARY PAY .............................................................................. 66 135 of 316
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-vSEC. 15.6 EDUCATION INCENTIVE PAY FOR POST-SECONDARY
DEGREE, CERTIFIED PUBLIC ACCOUNTANT DESIGNATION,
CERTIFIED PUBLIC FINANCE OFFICER, OR PROFESSIONAL
ENGINEER LICENSE .................................................................. 67 SEC. 15.7 CMC PAY ..................................................................................... 68 SEC. 15.8 AMERICAN INSTITUTE OF CERTIFIED PLANNERS PAY ........ 68 RULE XVI. CITY-PROVIDED ATTIRE AND EQUIPMENT ....................................... 68 SEC. 16.1 CLOTHING .................................................................................. 68 SEC. 16.2 EQUIPMENT ................................................................................ 69 SEC. 16.3 SAFETY EQUIPMENT AND PROTECTIVE CLOTHING ............. 69 RULE XVII. DRESS CODE ........................................................................................ 70 SEC. 17.1 GENERAL POLICY ...................................................................... 70 SEC. 17.2 GENERAL GUIDELINES FOR ATTIRE AND FOOTWEAR ......... 70 SEC. 17.3 LIMITED EXCEPTIONS ............................................................... 71 SEC. 17.4 TATTOOS AND JEWELRY .......................................................... 71 SEC. 17.5 GROOMING ................................................................................. 71 SEC. 17.6 VIOLATIONS................................................................................ 71 SEC. 17.7 ACCOMMODATION OF PROTECTED CHARACTERISTICS ..... 72 RULE XVIII. POLICY AGAINST WORKPLACE VIOLENCE ....................................... 72 SEC. 18.1 OBJECTIVES ............................................................................... 72 RULE XIX. PERSONNEL FILES AND RECORDS ................................................... 72 SEC. 19.1 IN GENERAL ............................................................................... 72 RULE XX. WHISTLE BLOWING POLICY ................................................................ 74 SEC. 20.1 DEFINITION OF “WHISTLE BLOWING” ...................................... 74 SEC. 20.2 SCOPE OF POLICY .................................................................... 74 SEC. 20.3 PROCEDURE .............................................................................. 75 SEC. 20.4 PROTECTION FROM RETALIATION BECAUSE OF GOOD
FAITH COMPLAINTS, REPORTS, OR INQUIRIES: .................... 75 RULE XXI. DISASTER AND EMERGENCY RESPONSE PROCEDURES .............. 76 SEC. 21.1 EMPLOYEES DESIGNATED AS DISASTER WORKERS ........... 76 SEC. 21.2 DECLARATION OF DISASTER OR EMERGENCY .................... 76 SEC. 21.3 EMPLOYEE DISASTER RESPONSIBILITIES ............................. 76 136 of 316
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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 to individuals in the Exempt Service (as defined in 1.4(B)(16)) B. The following Rules 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 Examination); 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. The following Rules 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 (City-Provided 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.
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 137 of 316
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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. 1.6 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..
2. Advancement: A salary increase within the limits of a pay range established for a Class.
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.
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 138 of 316
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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 their 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 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; 139 of 316
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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 their designee.
20. Internal Recruitment: A recruitment for a particular Position that is open to current employees 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, 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"). 140 of 316
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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 benefits that are 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 their 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.
33. Reduction in Pay: A temporary or permanent decrease in an employee's rate of pay.
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.
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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. 1.7 NON-DISCRIMINATION
A. Equal Employment Opportunity
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 origin, ethnicity, sex, gender, sexual orientation (including homosexuality, heterosexuality, and bisexuality), pregnancy, gender identity, gender expression, reproductive health choices, age (40 and over), religious belief, ethnicity, physical or mental disability, medical condition, genetic information, marital or registered domestic partner status, 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 142 of 316
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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 their 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 on the employee’s ability to perform their essential functions, but will not require disclosure of diagnosis or genetic history.
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 their position.
During this process, the City will examine potential reasonable accommodations that will make it possible for the employee or applicant to so perform. 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.
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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.
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
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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.
D. Prevention of Harassment/ Discrimination/Retaliation 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.
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.
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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.
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. -
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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.
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 their 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 report, to encourage an employee to perform at their 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 they held in their 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.
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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 they previously received and their salary anniversary date shall not change.
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 they were receiving in the former range and they 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 they were receiving in the former range and they 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 their Position is reallocated, their 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 their 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. 148 of 316
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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.
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 they 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 their 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 they would have attained in that lower Class if their services had been continuous in said lower Class with the same level of performance and length of service. They shall retain their 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 they normally receive, 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.
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 $120.50 for each pay period for which they are in "oncall" status. 149 of 316
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SEC. 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 per month for completion of 5 to 9 consecutive or cumulative years of City employment.
B. Two percent of salary per month for completion of 10 to 14 consecutive or cumulative years of City employment;
C. Three percent of salary per month for completion of 15 to 19 consecutive or cumulative years of City employment.
D. Four percent of salary per month for completion of 20 or more consecutive or cumulative years of City employment.
SEC. 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. 3.14 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.
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.
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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 their 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., 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.E. 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.
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 151 of 316
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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, the 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 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.
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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 two (2) or less names of qualified candidates available for appointment on 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 grounds for removal. A candidate who is notified of their removal under this section may request in writing that the Personnel Officer restore their 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 153 of 316
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appointment and stating that they wish their 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 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 154 of 316
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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 Civil 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.
Additionally, applicants for safety-sensitive positions may 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.
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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.
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 Rule 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) 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.
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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 their Probationary Period and shall be entitled to the same salary and other benefits as an applicant appointed from an eligibility list except that they 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:
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 position for which recruitment is pending will terminate automatically upon the earlier of the following:
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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 their 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 step status and merit increase eligibility date they would have achieved if the employee had remained in the lower class throughout the period of their 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 their most recent performance report 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 they meet 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 internal recruitment in accordance with Section 4.2, proceed with an open-competitive 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.
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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.
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.
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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 Rule, 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 Rule 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 Rule, his or her name shall remain on the eligibility list for openings 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.
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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 Director determines, subject to any applicable requirements of due process, that an employee has engaged in Prohibited Conduct, the Department Director shall re-visit 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 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 161 of 316
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respond in accordance with existing complaint and disciplinary procedures, where applicable.
5. Where situations exist prior to the effective date of this Rule that may be in conflict with this Rule, 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 Director or to the Personnel Officer.
E. Savings Clause. Should any provision of this Rule, 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 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.
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 162 of 316
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conclusion of such period have their Probationary Period extended for up to an additional six (6) months, but no extension will be for longer than a total of twelve months. The Personnel Officer or designee will notify the Human 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 their 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 they have been promoted shall be reinstated to the Position from which they were promoted, if such Position is vacant and existing, unless they are discharged for cause, which would have been sufficient to cause their discharge from their former Position as well. In such case, the employee shall be entitled to appeal their discharge as provided in these Rules.
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.
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 163 of 316
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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 their 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 their salary anniversary date, provided that the employee may in addition be given a report of performance at any other time during the year 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.
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 Department Director may, at their sole discretion, 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, they may recommend to the City Manager that the employee receive the step advancement retroactively to the salary anniversary date.
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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 their 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 their 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 their 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 them for their 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.
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.
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5. If an employee who has been denied a merit salary increase improves their 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 their 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 their Department Director or the Personnel Officer to provide input into the terms of the Performance Improvement Plan before the Plan takes effect. However, in the Personnel Officer’s discretion, the Performance Improvement Plan may take effect prior to expiration of the employee’s time to respond to their 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 166 of 316
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Plan, and the employee then maintains acceptable performance over the full period of the Performance Improvement Plan, then the Plan shall be considered “successful.”
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 12:00 a.m. on Saturday and ending at 11:59 p.m. on 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.
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 employees 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;
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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-exempt 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, non-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.
5. Non-exempt employees shall be subject to discipline, up to and including termination, for violation(s) of this section.
B. Compensatory Time Off: Non-exempt employees 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 employees may not accrue more than one hundred twenty (120) hours of compensatory time off. Non-exempt employees 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 168 of 316
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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
4. Memorial Day – last Monday in May
5. Independence Day (July 4)
6. Labor Day – first Monday in September
7. Veteran’s Day (November 11)
8. Thanksgiving Day – fourth Thursday in November
9. Day After Thanksgiving Day
10. Christmas Eve (December 24)
11. 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.
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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)), they shall be paid for all hours worked at the rate of two (2) times their 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 their 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 their 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.
SEC. 9.2 VACATION
A. Full-time Regular and Probationary employees in all classifications shall accrue vacation, on a 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 their 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. 170 of 316
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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, they shall cease vacation accrual until their 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
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 final 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.
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; 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:
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(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, as defined in Government Code section 12945.8 (j)(8), for taking time off from work to obtain or attempt to obtain any relief. §.
(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.
(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.
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.
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:
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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 40 hours of sick leave on the first day of their first full month of employment. 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 40 hours of sick leave on January 1 of each subsequent calendar year to each PTS
employee.
c. PTS Employees shall accrue no additional sick leave beyond the 40-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 their 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 their immediate supervisor prior to their assigned work shift, including, but not limited to accident, injury, or hospitalization.
a. An employee shall notify their 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 173 of 316
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should be made to schedule such appointments at times that do not conflict with the City's work schedule.
The employee shall again notify their 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 their physician, releasing the employee with or without restrictions, before the employee may return to work.
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 their separation date shall have their unused sick leave balance reinstated. 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 174 of 316
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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 their 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 employees will receive up to five (5) working days of paid bereavement leave per calendar year, per immediate family member. Full-time employees who provide documentation demonstrating a need for their attendance at a distance greater than 300 miles from the City may be permitted up to a total of eight (8) working days of paid bereavement leave, at the discretion of the Personnel Officer.
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.
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 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 175 of 316
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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, they 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 their dismissal each day to complete their normal work day.
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 12945.8 of the California Government 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, they may take off such working time as will enable them 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 their 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.
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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 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. 177 of 316
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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.
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.
SEC. 9.11 UNPAID LEAVES OF ABSENCE
A. Upon the request of the employee , a leave of absence without pay may be granted by the 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 City Manager 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 information regarding diagnosis.
3. Subject to the City’s operations needs, and to the extent required by law, an employee shall be entitled to reinstatement in their 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 178 of 316
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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 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 they received when they began their 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.
SEC. 9.12 UNAUTHORIZED LEAVES OF ABSENCE AND FAILURE TO
RETURN FROM LEAVE
A. An employee may be considered to have abandoned their employment with the City under any of the following circumstances:
1. Absence from their 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 abandoned their City employment. The notice shall describe the facts on which the abandonment is based. 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 can petition the Personnel Officer for reconsideration by submitting a written statement within ten days of the effective date of resignation, as provided in Section 9.12.B. 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.
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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, they shall cease accrual of management leave until their total number of 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 then-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 their 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 their 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,
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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 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 their 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 they 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 181 of 316
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taxable to them 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 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.
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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 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 victim, as defined in Government Code section 12945.8, shall be permitted unpaid leave in accordance with such section. 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.
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. 183 of 316
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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:
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.
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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 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. 9.20 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.
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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 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 EMPLOYEE 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. 186 of 316
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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 Human Resources Director prior to beginning outside employment, providing sufficient information for the Human Resources Director to determine whether the outside employment is consistent with this Rule.
2. The Human Resources Director 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.
3. The Human Resources Director will approve proposed outside employment that they determine does not:
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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 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 Director’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 Director’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 to discuss the Human Resources Director’s determination. The Personnel Officer shall issue a written decision to the employee and the Human Resources Director 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.. 188 of 316
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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;
9. Working overtime without authorization;
10. Tardiness;
11. Failure to maintain satisfactory working relationships with other employees, officials, or the public;
12. Reporting for work, or being at work, under the influence of or in possession of alcohol, or non-prescribed controlled substances;
13. Engaging in assault, battery, horseplay, or fighting while on duty or under the guise of office;
14. Gambling on City property or during working hours;
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15. Sleeping on the job or leaving the job without authorization;
16. Improper use of City funds;
17. Acceptance of bribes or extortion;
18. Unauthorized use of City property;
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;
21. Misappropriation of found property;
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;
23. Carelessness, incompetence, inefficiency, or negligence;
24. Failure to maintain any employment qualification, including licenses or certificates;
25. Discourteous, disrespectful, or uncooperative treatment of the public or fellow employees;
26. Abusive, profane, or intemperate language or conduct directed toward or in the presence of others in the workplace;
27. Failure to comply with safety standards;
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;
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; 190 of 316
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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 their poor performance verbally by their 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 their 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.
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 191 of 316
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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 their 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 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 192 of 316
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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 fourteen (14) 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. 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 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.
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.
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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 their 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 them 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 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.
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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 Rules, or any resolutions, ordinances, or policies adopted by the City. 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.
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SEC. 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. 12.6 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 their 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.
RULE XIII. GRIEVANCE AND COMPLAINT PROCEDURE
SEC. 13.1 ESTABLISHMENT
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 City 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 the 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.1-7.
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 196 of 316
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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;
5. Transfer to another Position in the same classification without a loss of pay;
6. Challenges to reclassification, layoff, and denial of reinstatement; and
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 their 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 their meeting with the employee.
B. Step 2: If the action taken by their Department Director is not satisfactory, the employee shall submit their 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 their receipt of the complaint. The Human Resources Director or designee shall have twenty (20) days from the date of their 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, their Department Director of their 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 their Department Director after the employee has expressed their 197 of 316
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grievance. The Department Director shall advise the employee of their 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 their Department Director, the specific provision of the Personnel Ordinance, resolution, or Personnel Rules that the grievant asserts has been violated, and the remedy the grievant seeks. The City Manager or their designee shall take such review and investigative action as they deem necessary and inform the grievant of their decision in writing within fourteen (14) days of receipt of the grievance. The decision of the City Manager or their 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. 198 of 316
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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 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 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
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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.
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 completion of the first year of employment, Full-Time Employees shall be enrolled in the City’s deferred compensation plan.
A. Full-time Employees are entitled to a contribution from the City equal to six (6) percent of base compensation after one year of employment.
B. Department Directors: At the discretion of the City Manager, and to the extent permitted by law, Department 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
All regular full-time employees will receive a monthly $750 housing allowance.
SEC. 14.5 VEHICLE ALLOWANCE FOR DEPARTMENT HEADS (DIRECTORS) Department Directors will receive a monthly $400 vehicle allowance. 200 of 316
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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.
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:
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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
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 202 of 316
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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 their 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.
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, their 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 203 of 316
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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.
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.
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.
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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:
a. Up to ten (10) shirts will be provided to each employee per fiscal year.
b. Employees will be reimbursed for purchase of jeans per fiscal year, up to a maximum amount of $500 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 205 of 316
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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 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 their Department Director for reimbursement. The maximum amount of reimbursement will be four hundred dollars ($400.00), 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.
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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.
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.
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SEC. 17.7 ACCOMMODATION OF PROTECTED CHARACTERISTICS
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).
RULE XVIII. POLICY AGAINST WORKPLACE VIOLENCE
SEC. 18.1 OBJECTIVES
RULE XIX. 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. 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
A. Inspection of a Current or Former Employee's Personnel File:
1. A current or former employee wishing to inspect their 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 208 of 316
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personnel file at the City’s expense instead of scheduling an in-person inspection.
3. A current employee may inspect their personnel file at the place the employee reports to work, or may instead consent to inspect their 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 their 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 their 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.
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2. Former employees shall be entitled to exercise rights under this policy to inspect or receive copies of their personnel records once per year.
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 their 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
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”
For purposes of this Rule, "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
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 210 of 316
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others on its behalf. Other subjects for which the City has existing complaint procedures shall be addressed under those other procedures. This policy is not intended to provide a means of appeal from outcomes in those other procedures.
SEC. 20.3 PROCEDURE
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 Director, 213 of 316
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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.
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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
City Council Agenda Staff Report
City Manager Approval: SW
Council Agenda Item No.: 11
To: The Honorable Mayor and City Council
From: Rose Hess, Public Works Director
Meeting Date: May 14, 2026
Subject: Ordinance No. 26-04 – “An Ordinance of the City Council of the City of Buellton, California, Revising “Floodplain Management,” Chapter 8.06, of the Buellton Municipal Code” (Introduction and First Reading)
BACKGROUND
FEMA will be issuing a Letter of Final Determination for their latest flood study, tentatively scheduled for June 1, 2026. As pat of the requirement for the new Flood Insurance Study (FIS) and associated Flood Insurance Rate Maps (FIMs) becoming effective in Santa Barbara County, review of the local agencies’ flood plain ordinances were made by the Department of Water Resources (DWR). The local floodplain specialist for the National Flood Insurance Program (NFIP) performed the review and found a couple of items that required updating in order to comply with the FEMA updates. These include adoption of the current FIRMs and updated map dates and the requirement to submit new technical data within 6 months of project completion, notifying FEMA of changes in the base flood elevation by submitting technical or scientific data.
Ordinance 26-04 has been reviewed by the city attorney and DWR’s floodplain specialist, finding it satisfactory and compliant.
FISCAL IMPACT
Fiscal Impacts to the City resulting from adoption of Ordinance No. 26-04 are minimal.
Updates to the city’s floodplain ordinance do not change any of the processes or procedures.
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RECOMMENDATION
That the City Council consider the introduction and first reading of Ordinance No. 26-04 - “An Ordinance of the City Council of the City of Buellton, California, Revising “Floodplain Management,” Chapter 8.06, of the Buellton Municipal Code” by title only and waive further reading.
ATTACHMENTS
Ordinance No. 26-04
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ORDINANCE NO. 26-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BUELLTON, CALIFORNIA, REVISING FLOODPLAIN
MANAGEMENT, CHAPTER 8.06, OF THE BUELLTON
MUNICIPAL CODE
WHEREAS, the City Council of the City of Buellton, pursuant to police powers delegated to it by the California Constitution, has the authority to enact legislation that promotes the public health, safety and general welfare of its residents; and WHEREAS, the flood hazard areas of the City of Buellton are subject to periodic inundation that results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare; and
WHEREAS, such flood losses are caused by uses that are inadequately elevated, floodproofed, or otherwise protected from flood damage, and by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and thereby contribute to increased flood losses; and
WHEREAS, it is necessary and appropriate to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas through regulations designed to protect human life and health, minimize expenditure of public funds for costly flood control projects, reduce the need for rescue and relief efforts undertaken at public expense, minimize prolonged business interruptions, reduce damage to public facilities and utilities including water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in areas of special flood hazard, maintain a stable tax base by encouraging appropriate use and development of flood hazard areas so as to minimize future flood blight, ensure that potential purchasers are notified when property is located within an area of special flood hazard, and ensure that occupants of such areas assume responsibility for their actions; and WHEREAS, in order to accomplish these purposes, it is necessary to provide methods and provisions for restricting or prohibiting uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging increases in erosion or flood heights or velocities, requiring that uses vulnerable to flooding and facilities serving such uses be protected against flood damage at the time of initial construction, controlling the alteration of natural floodplains, stream channels, and natural protective barriers that accommodate or channel floodwaters, regulating filling, grading, dredging, and other development that may increase flood damage, and preventing or regulating the construction of flood barriers that unnaturally divert floodwaters or increase flood hazards in other areas.
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THEREFORE, THE CITY COUNCIL OF THE CITY OF BUELLTON DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.06 "Floodplain Management" is hereby updated to the Buellton Municipal Code to read as follows:
Chapter 8.06
FLOODPLAIN MANAGEMENT
Sections:
8.06.008 Statutory Authorization.
8.06.012 Definitions.
8.06.014 General Provisions.
8.06.016 Administration.
8.06.017 Appeals.
8.06.018 Provisions for Flood Hazard Reduction.
8.06.020 Variance Procedure.
8.06.008 Statutory Authorization.
The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units’ authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Buellton does hereby adopt the following floodplain management regulations.
8.06.012 Definitions. Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application.
(a) “Accessory structure” means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage. (b) "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
(c) "Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited in the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
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(d) "Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
(e) "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this Chapter or a request for a variance. (f) "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). In such zones, the base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
(g) "Area of special flood hazard" - See "Special flood hazard area.” (h) "Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this Chapter.
(i) “Base flood elevation” means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in CCR Title 24 Part 2.]
(j) "Basement" means, for the purpose of floodplain management, the portion of a building having its floor subgrade (below ground level) on all sides. (k) "Building" - See "Structure".
(l) “Design flood” means the flood associated with the greater of the following two areas:
(1) Area with a flood plain subject to a 1-percent or greater chance of flooding in any year.
(2) Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.
(m) “Design flood elevation” means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet (610 mm).
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(n) “Development” means any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations, flood control projects, and other land-disturbing activities. (o) “Dry floodproofing” means a combination of measures which results in a structure, including the attendant utilities and equipment, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads. (p) "Encroachment" means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
(q) "Exceptional hardship" means, for the purpose of variances from these regulations or the building code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships.
All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended. (r) "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before July 22, 1993.
(s) "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). (t) "Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry land from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(3) Mudslides (i.e., mudflows) which are proximately caused by flooding.
(u) "Flood Boundary and Floodway Map" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the floodway.
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(v) “Flood control project” means a dam or barrier design and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.
(w) “Flood damage-resistant materials” means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in CCR Title 24 Part 2.] (x) “Flood hazard area” means the greater of the following two areas: [Also defined in CCR Title 24 Part 2.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.
(2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated.
(y) "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the City.
(z) "Flood Insurance Study" means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. (aa) "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding"). (bb) "Floodplain Administrator" means the individual appointed to administer and enforce the floodplain management regulations.
(cc) "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations, and open space plans. (dd) "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power which control development in flood-prone areas. The term describes such state or local regulations in any combination thereof, which provide standards for purpose of flood damage prevention and reduction.
(ee) "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures or their contents. 222 of 316
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(ff) “Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory floodway." (gg) "Floodway encroachment lines" means the lines marking the limits of floodways on federal, State of California and local floodplain maps. (hh) "Floodway fringe" means the area(s) of a floodplain on either side of a designated floodway where encroachment may be permitted.
(ii) "Fraud and victimization" as used in this Chapter shall mean that a variance granted pursuant to this Chapter shall not cause the public to be victimized or the conduct of fraud. In examining this requirement, the Floodplain Administrator shall consider the following facts and the potential that construction in a floodplain may result in serious, costly and dangerous situations:
(1) that construction of each building adds to government responsibilities and remains a part of the community for a period of years (typically fifty (50) to one hundred (100) years);
(2) building which are permitted to be constructed below the base flood elevation are subject to increased risk of damage from floods throughout their lifetimes, while future owners of the property and the community as a whole are subject to all of the costs, inconvenience, danger and suffering which those flood damages bring; and (3) in addition, future owners who may purchase property in the floodplain, without knowledge of the risks assumed, can be insured only at very high flood insurance rates. (jj) "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
(kk) "Governing body" is the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
(ll) "Hardship" as used in this Chapter means the hardship which would result from a failure to grant a requested variance. The Floodplain Administrator shall require that the need for a variance be exceptional and unusual and that the circumstances surrounding the property for which a variance is sought be peculiar to the property. Mere economic or financial hardship shall not alone constitute grounds for a variance. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one's neighbors likewise cannot constitute a hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. 223 of 316
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(mm) "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. (nn) "Historic structure” means any structure that is:
(1) listed individually in the National Register of Historic Places (Department of Interior) or preliminarily ruled by the Secretary of the Interior of the United States as meeting the requirements for individual listing on the National Register of Historic Places; (2) certified or preliminarily determined by the Secretary of the Interior of the United States as contributing to the historical significance of a registered historic district or a district registered historic district;
(3) individually listed on a State of California inventory of historic places in a program which has been approved by the Secretary of the Interior of the United States; or, (4) individually listed on a local inventory of historic places in the City of Buellton or the County of Santa Barbara pursuant to a program which has been certified by either (1) an approved California program as determined by the Secretary of the Interior of the United States, or (2) directly by the Secretary of the Interior of the United States in a program approved for the State of California.
(oo) “Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study.
Letters of Map Change include: (1)
Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.
(2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations. (4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
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(pp) "Levee" means a man-made structure, usually but not limited to an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. (qq) "Levee system" means a flood protection system which consists of a levee or levees and associated structures, including but not limited to closures and drainage devices, which is or are constructed and operated in accordance with sound engineering practices. (rr) “Light-duty truck” means “, as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or
(2) Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or
(3) Available with special features enabling off-street or off-highway operation and use.
(ss) "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter. (Note: This definition allows attached garages to be built at grade. Below grade garages are not allowed as they are considered to be basements.)
(tt) "Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
(uu) "Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels} of land divided into two or more manufactured home lots for sale or rent. (vv) “Market value” means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel.
Market value may be established by one of the following methods:
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(1) Actual Cash Value (replacement cost depreciated for age and quality of construction),
(2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or
(3) a qualified independent appraiser.
(ww) "Mean sea level" means for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on the City's Flood Insurance Rate Map are referenced. (xx) "New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this City and includes any subsequent improvements to such structures. (yy) "New Manufactured Home Park or Subdivision" means a manufactured home or park or subdivision for which the construction of facilities for servicing the lots on which the manufactured home is to be affixed parcel, including at a minimum the installation of utilities, construction of streets and either final site grading or pouring of concrete pads, is in progress or completed on or after February 1, 1992.
(zz) “Nuisance” means that which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. (aaa) "Obstruction" means, but is not limited to, a dam, wall, wharf, embankment, levee, levee system, dike, pile abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock ,gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water or its likelihood of being carried downstream. (bbb) "One-hundred-year flood" or 100-year flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood", which will be the term used throughout this Chapter.
(ccc) “Permit for floodplain development” means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specified development activities that are located in flood hazard areas and that are determined to be compliant with these regulations.
(ddd) "Principal structure" means a structure used for the principal use of the property as distinguished from an accessory use.
(eee) "Public safety and nuisance" as related to Section 8.06.020, Variance Procedure, of this Chapter means that the granting of a variance must not result in anything which is injurious to 226 of 316
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safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
(fff) "Recreational vehicle" means a vehicle which is (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and/or, (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
(ggg) "Regulatory floodway" means the channel of a river or other watercourse and land adjacent to such river or watercourse which must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (hhh) "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
(iii) "Sheet flow area" - see "Area of shallow flooding". (jjj) "Special flood hazard area (SFHA)" means an area having special flood or mudslide (i.e., mudflow) hazards, and shown on an FHBM or FIRM as Zone A, AO, Al-30, AE, A99, AH, E, or M.
(kkk) "Start of Construction" includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date.
The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (lll) "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. (mmm) "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. 227 of 316
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(nnn) "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
(1) any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official, and which are the minimum necessary to assure safe living conditions, or
(2) any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure". (ooo) ““Utility and Miscellaneous Group U” means buildings and structures of an accessory character and miscellaneous structure not classified in any special occupancy, as described in the building code.
(ppp) "Variance" means a grant of relief from the requirements of these regulations which permits construction in a manner otherwise prohibited and where specific enforcement would result in exceptional hardship.
(qqq) “Violation” means a development that is not fully compliant with these regulations or the flood provisions of the building code, as applicable. (rrr) "Water surface elevation" means the height in relation to the National Geodetic Datum ("NGVD" of 1929 or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (sss) "Watercourse" means a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.
8.06.014 General Provisions.
(a) Lands to Which This Chapter Applies. This Chapter shall apply to all areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards within the jurisdiction of the City of Buellton. (b) Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards identified by the Federal Emergency Management Agency ("FEMA") in a scientific and engineering report entitled "Flood Insurance Study" for Santa Barbara County, California, and incorporated areas dated September 28, 2018, with an accompanying Flood Insurance Rate Map and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this Chapter. This Flood Insurance Study is on file at the City of Buellton City Hall.
This Flood Insurance Study and attendant mapping is the minimum area of applicability of this 228 of 316
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Chapter and may be supplemented by studies for other areas which allow implementation of this Chapter, and which are recommended to the City Council by the Floodplain Administrator. The study and FIRMs are on file at City Hall, 107 West Highway 246, Buellton, California. (c) Compliance. No structure or land shall hereafter be constructed, located, enlarged, extended, expanded, converted, or substantially improved unless the entire structure is made to conform with the terms of this Chapter and other applicable regulations. Violation of the provisions of this Chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor punishable as provided in Title 1 of this Code; provided, however, that each person violating this Chapter shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such person. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.
(d) If any existing structure shall be destroyed or damaged to any extent by flood or wave action, then said structure, and the land on which said structure was located or maintained, shall be subject to all the regulations of this Chapter. (e) Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter, another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(f) Interpretation. In the interpretation and application of this Chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(g) Warning and Disclaimer of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards, areas of flood-related erosion hazards, and areas of mudslide (i.e., mudflow) hazards, or uses permitted within such areas will be free from flooding or flood damage.
This Chapter shall not create liability on the part of the City of Buellton, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on this Chapter or any administrative decision lawfully made thereunder. (h) Severability. This Chapter and the various sections thereof are hereby declared to be severable. Should any section of this Chapter be declared by the courts to be unconstitutional 229 of 316
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or invalid, such decision shall not affect the validity of the Chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
8.06.016 Administration.
(a) Establishment of Site Development Permit. A Site Development Permit shall be obtained before construction or development begins within any area of special flood hazards, areas of flood-related erosion hazards, or areas of mudslide (i.e., mudflow) hazards established in or pursuant to Section 8.06.014(b). Application for a site Development Permit shall be made on forms furnished by the Floodplain Administrator and may include but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures; fill, storage of materials, drainage facilities; and the location of the foregoing. The following information is required:
(1) A certificate from a registered civil engineer stating that the information in the application is correct;
(2) Proposed elevation in relation to mean sea level of the lowest floor including the basement of all structures; in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; (3) Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
(4) All appropriate certifications listed in Section 8.06.016(c) (4) of this Chapter;
(5) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and
(6) A statement that the standards in Section 8.06.018 have been satisfied. (b) Designation of the Floodplain Administrator. The City Manager, or such member of the Administrative Staff of the City as the City Manager may appoint, shall administer this Chapter in accordance with its provisions.
(c) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to:
(1) Permit review. Review all development permits to determine that:
(A) The permit requirements of this Chapter have been satisfied; (B) All other required state and federal permits have been obtained; (C) The site is reasonably safe from flooding;
(D) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this Chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. 230 of 316
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(E) All development subject to the provisions of this Chapter shall be referred to the County Flood Control and Water Conservation District for review and appropriate action, pursuant to the terms and conditions of Resolution No. 93- 33, establishing a joint powers agreement between the city and said district. All new development, including construction, excavation, and grading, except for flood control projects and nonstructural agricultural uses, shall be prohibited in the floodway unless offsetting improvements in accordance with this Chapter are provided. All requirements or conditions imposed by the County Flood Control and Water Conservation District shall be met.
(2) Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 8.06.014(b), the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, in order to administer this Chapter. Any such information shall be submitted to the City Council for adoption. (A) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available.
(3) Whenever a watercourse is to be altered or relocated, the Floodplain Administrator shall:
(A) Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; and (B) Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.
4) Obtain and maintain for public inspection and make available as needed:
(A) The certification required in Section 8.06.018(a)(3)(A) (floor elevations);
(B) The certification required in Section 8.06.018(a)(3)(B) (elevations in areas of shallow flooding);
(C) The certification required in Section 8.06.018(a)(3)(C) (elevation of nonresidential structures);
(D) The certification required in Section 8.06.018(a)(3)(B)(i) or
8.06.018(a)(3)(C)(ii) (wet floodproofing standard);
(E) The certified elevation required in Section 8.06.018(c)(2) (subdivision standards); and
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(F) The certification required 8.06.018(f)(1) (floodway encroachments). (5) Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, areas of flood-related erosion hazards, or areas of mudslide (i.e., mudflow) hazards, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal, the interpretation as provided in Section 8.06.020.
(6) Take action to remedy violations of this Chapter as specified in Section
8.06.014(c) herein.
(7) Grant, conditionally grant, or deny development Permits.
8.06.017 Appeals.
The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter.
8.06.018 Provisions For Flood Hazard Reduction.
(a) Standards of Construction. In all areas of special flood hazards, the following standards are required:
(1) Anchoring.
(A) All new construction and substantial improvements shall be anchored to prevent flotation collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (B) All manufactured homes shall meet the anchoring standards of Section 8.06.018(d).
(2) Construction Materials and Methods.
(A) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (B) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (C) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that· are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
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(D) Within Zones AH or AO, adequate drainage paths around structures on slopes shall be installed to guide flood waters around and away from proposed structures.
(3) Elevation and Floodproofing.
(A) Residential construction, new or substantial improvement of any structure shall have the lowest floor, including basement, elevated to at least two feet above the base flood elevation. Nonresidential structures may meet the standards in Section 8.06.018(a)(3)(B).
(i) In an AO zone, elevated above the highest adjacent grade to a height equal to at least two feet above the depth number specified in feet on the FIRM, or elevated at least three feet above the highest adjacent grade if no depth number is specified;
(ii) In an A zone, elevated to at least two feet above the base flood elevation, as determined by this community;
(iii) In all other zones, elevated to at least two feet above the base flood elevation.
Upon the completion of the structure the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor or verified by the City Building Inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.
(B) Nonresidential construction shall either be elevated in conformance with Section 8.06.018(a)(3)(A) together with attendant utility and sanitary facilities:
(i) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
(ii) Have structural components capable of resisting hydrostatic and hydrodynamic load and effects of buoyancy; and
(iii) Be certified by a registered professional engineer or architect that the standards of this Subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator.
(C) Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on 233 of 316
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exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(i) Either a minimum of two (2) openings on different sides of the enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade.
Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or
(ii) Be certified to comply with a local floodproofing standard approved by the Federal Emergency Management Agency.
(D) Manufactured homes shall also meet the standards in Section
8.06.018(d).
(b) Standards for Utilities.
(1) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood water into the system and discharge from systems into flood waters.
(2) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(c) Standards for Subdivisions.
(1) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.
(2) All final subdivision plans shall provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final first floor and pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.
(3) All subdivision proposals shall be consistent with the need to minimize flood damage.
(4) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
(5) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
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(d) Standards for Manufactured Homes. All manufactured homes that are placed or substantially improved within Zones Al-30, AH and AE on the community's Flood Insurance Rate Map, on sites located:
(1) outside of a manufactured home park or subdivision, (2) in a new manufactured home park or subdivision,
(3) in an expansion to an existing manufactured home park or subdivision, or (4) in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement.
All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al-30, AH, and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of the previous paragraph will be elevated so that either the:
(A) lowest floor of the manufactured home is at or above the base flood elevation, or
(B) manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(e) Standards for Recreational Vehicles. All recreational vehicles placed on sites within Zones 1-30, AH and AE on the community's Flood Insurance Rate Map will either:
(1) be on the site for fewer than 180 consecutive days, (2) be fully licensed and ready for highway use -- a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or
(3) meet the permit requirements of Section 8.06.016 of this Chapter and the elevation and anchoring requirements for manufactured home in Section 8.06.018(d). (f) Floodways. Located within areas of special flood hazard established in Section
8.06.014(b) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
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(1) Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited unless certification by a registered professional engineer or architect is provided demonstrating that the encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) If Section 8.06.0lB(f)(1) is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of Section 8.06.018.
8.06.020 Variance Procedure.
(a) Nature of Variances. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the City to help protect its citizens from flooding. This need is so compelling and the implications of the cost of ensuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare.
The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this Chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
(b) Appeal Board.
(1) The City Council of the City of Buellton shall hear and decide appeals and requests for exceptions from the requirements of this Chapter. (2) The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement of administration of this Chapter. (3) In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter, and:
(A) The danger that materials may be swept onto other lands to the injury of others;
(B) The danger of life and property due to flooding or erosion damage; 236 of 316
Ordinance No. 26-04 Page 20 May 14, 2026
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(C) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (D) The importance of the services provided by the proposed facility to the City;
(E) The necessity to the facility of a waterfront location, where applicable;
(F) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(G) The compatibility of the proposed use with existing and anticipated development;
(H) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(I) The safety of access to the property in time of flood for ordinary and emergency vehicles;
(J) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and (K) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (4) Generally, exceptions may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items 8.06.020(a)(3)(A) through 8.06.020(a)(3)(K) have been fully considered.
As the lot size increases beyond one-half acre, the technical justification required for issuing the exception increases.
(5) Upon consideration of the factors of Section 8.06.020(a)(3) and the purposes of this Chapter, the City Council may attach such conditions to the granting of exceptions as it deems necessary to further the purposes of this Chapter. (6) The Floodplain Administrator shall maintain the records of all appeal actions and report any exceptions to the Federal Emergency Management Agency upon request. (7) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
(A) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and
(B) such construction below base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the 237 of 316
Ordinance No. 26-04 Page 21 May 14, 2026
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Floodplain Administrator in the office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (c) Conditions for Variances.
(1) Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 8.06.016 and 8.06.018 of this Chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 8.06.012(nn) of this Chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(3) Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this Chapter.
For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of the local ordinance.
SECTION 2. If any section, subsection, subdivision, 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 hereby declares that it would have adopted this Ordinance irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.
SECTION 3. Except as specifically superseded by this Ordinance, the provisions of Chapter 15A as amended by the Santa Barbara County Code are incorporated herein by this reference.
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Ordinance No. 26-04 Page 22 May 14, 2026
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SECTION 4. The City Clerk: (i) shall certify as to the passage of this Ordinance and shall cause the same to be published as required by law; (ii) is hereby authorized and directed to 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 deleting language contained within Section ___ of this Ordinance that is stricken and adding language that is underlined.
PASSED, APPROVED, AND ADOPTED this ________ of May, 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.: 12
To: The Honorable Mayor and City Council
From: Scott Wolfe, City Manager
Meeting Date: May 14, 2026
Subject: Request for Reimbursement for Damages and Rent Abatement from Santa Ynez Valley Horseback Rides
______________________________________________________________________________
BACKGROUND
On April 29, 2026, staff received a letter to the City Council requesting rent abatement and reimbursement for damages from Bob Sweeney, owner of Santa Ynez Valley Horseback Rides (SYVHR). SYVHR operates a stable facility offering horseback rides, a petting zoo, and related experiences on a site on the former Willemsen property, which is owned, and licensed to SYVHR, by the City. The demand letter cites a range of losses to the business of SYVHR, due primarily to the construction of a parking lot by the City on land immediately adjacent to the SYVHR facility.
A claim was filed with the City Clerk in November of 2025 for the claimed damages.
This claim was forwarded to CJPIA (the City’s insurance provider) for review. In March of this year, the claim was rejected by the insurance company. Mr. Sweeney then expressed a desire to petition the City Council for payment of a portion of the claimed damages amounting to $50,000.
The claimant’s demand letter is attached to this report as Attachment 1. Mr. Sweeney or another representative is expected to be at the meeting to answer any questions that the City Council may have.
The City pays for insurance to investigate claims and make payments on the City’s behalf if those claims are substantiated. In this instance, the insurance claims examiner denied the claim. The City Council may choose to pay the claim from the General Fund if it deems such payment appropriate. However, staff notes that such payment following the denial of a claim would be very unusual.
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Request for Reimbursement – SYV Horseback Rides Page 2 May 14, 2026
FISCAL IMPACT
The payment of this demand would amount to an unbudgeted expense in the amount of fifty thousand dollars ($50,000.00) or such other amount that the City Council deems appropriate. Therefore, should the City Council determine that payment is appropriate, a budget adjustment in the amount of the payment would be needed.
RECOMMENDATION
Staff recommend that the City Council consider the request as presented and take action as deemed appropriate.
ATTACHMENTS
Attachment 1 - Demand Letter from Bob Sweeney, dated April 28, 2026 241 of 316
DIE@l!lW
April 28, 2026 APR 2 9 2026
REQUEST FOR MAY 16 CITY COUNCIL REVIEW City of Buellton RE: DAMAGES FROM PARKING LOT PROJECT, RENT ABATEMENT FROM: BOB SWEENEY I OWNER, SANTA YNEZ VALLEY HORSEBACK RIDES DEAR COUNCIL & CITY STAFF:
The City's parking lot construction project at 202 Dairyland and adjacent to the location of my business Santa Ynez Valley Horseback Rides has significantly disrupted and damaged my operations and 2025 income. I first raised this issue with Andrea Keefer in September 2025 and was advised to bring it to Scott Wolfe's attention. Scott advised that I submit a Claim for Damages to the City's insurance provider, which I did November 12, 2025.
Months later, I was contacted by phone from an employee of Athens Insurance company in January 2026 to discuss the matter in detail. No other contact was made, nor was a site visit arranged, or any other information requested from me. I received their Claim Rejection Notice by mail March 30. The letter also advised that I seek an attorney to further address this matter. Apparently, they expect to be sued, as the law is clearly on the side of tenants in cases similar to mine.
Scott subsequently advised that he did not have authority granted by my Conditional Use Permit and Licensing Agreement to adjust the rent, or provide monetary relief for damages or rent abetment, and that I should bring the matter to the City Council.
My damage claim with the City is for $52,050 in lost income including the related death of our pony Marshmallow, in addition to $60,000 in lost revenue from the forced cancellation of Cowboy Christmas, our beloved annual event that attracts 3,000+ guests, most of who are visitors to Buellton. At minimum, I am requesting $25,000 in cash and $25,000 in rent abatement to satisfy the damages and loss I have sustained.
Here is a concise summary of events and their detrimental impact on my business. 242 of 316
. April 2025 was the best Springtime revenue month we've had to date and up 20% from the previous year. Both our local competitors at Parker Stables and Vino Vaqueros ceased operations last spring, creating the opportunity for our business to dramatically increase in 2025. We anticipated a revenue hike of 20% per month .
. Parking Lot construction began at the end of April 2025. We learned of this from a bulldozer driver who asked us to remove our vehicles, parking stanchions and signs from our parking lot. We were not advised by any City staff that construction was set to begin, nor were we asked to participate in any of the planning . . Early May began the first of about 20 meetings with Tetra Tech and Lopez Construction regarding creating a new temporary parking lot, new access road and plan revisions that would lessen the negative impact the excavation portion would have on our business. Prior to these meetings, there were no plans in place to provide us an alternative temporary parking area or access road from the park. Further, the original county-approved plans called for a new bathroom to be located next to the side entrance of our stables, requiring a 10' wide and 10' deep trench to be dug diagonally across our entire facility, which would dramatically disrupt all facets of our operations and animal care. After forcing the first of two plan revisions, Tetra Tech agreed to move the bathrooms north about 100', however the new location was directly in front of our main entrance. I am still befuddled as to how the architect could rationalize that placing a building in the actual entrance to our business was a viable solution. I forced another revision that moved it about 30' south so to avoid blocking our entrance. After much pushing and pleading, the final spot is directly next to our entrance, which was a hard-fought compromise but not an ideal one . . May revenue fell 33% from 2024 income of $21,400 to $14,500, a startling decline. We quickly realized that customers were unwilling to cross the two large metal grates placed by Lopez to knock the mud off the tractor tires, or to navigate the long and winding dirt road that now led to the back of our compound. Cancellations and refunds were issued daily, and all walk-in inquires ceased. In response and in growing desperation, I doubled my advertising budget in hopes to survive the construction ordeal. This amount ( + $1,500 per month) is not included in my total losses .
. In July, the dust created by the constant tractor excavation caused all our horses to have an allergic response, with eyes swollen shut, hives, runny noses and eyes. We adopted a 243 of 316
daily antihistamine treatment regimen along with constant bathing, and the wave of illness passed, though the worst was yet to come .
. In August, we realized the 100-day timeline to complete the project was not feasible. We had already cancelled all our summer kids camps, group events and lessons. Now, we realized that Cowboy Christmas was likely not able to occur . . Summer revenue, the bread-and-butter of our business, was down 20% on average, with the largest loss in August at 30%. August is our biggest month, and we lost $8,600 compared to 2024 revenue. Note that we should have been up 20% due to the lack oflocal competition, making the loss $14,200 respectively .
. In early September, typically when we begin the long ramp-up for Cowboy Christmas, we were forced to cancel the annual Nov-Dec event. This would have been its fourth year and ideally positioned to be the best event yet, as 2024 saw a significant jump in attendance and revenue. Completion of the parking lot was nowhere near, and the access road from the park became nearly impassible during inclement weather, with only 4-wheel drive vehicles able to ascend the dirt hill into the park. Further, as part of the negotiations with Tetra Tech and Lopez, we were promised that a weather-resistant surface would be applied to the dirt-road entrance. This never happened, and all winter we dealt with multiple vehicles getting stuck in the deep mud (due to months of wear from heavy equipment traffic). On several occasions, my onsite manager was unable to leave the facility for days at a time due to her vehicle's inability to traverse the mud hill. She was literally trapped . . In October, our rockstar pony Marshmallow died of a sudden onset liver cancer at the youthful age of 13. She went from healthy and productive to dead in about three weeks.
Dr. Ed Hamer from Alamo Pintado Equine Hospital said he had never seen anything like it. Her bloodwork showed multiple morbidities that he said resembled some type of poisoning that manifested into liver cancer. I do not know if the environmental study conducted prior to construction indicated amounts such as DDT or Roundup in the soil, a likely occurrence since the field was a decades-long hay and crop farm. However, something external killed Marshmallow. Her replacement value is $10,000, and the associated loss of income from her daily use is still mounting.
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Also in October, I advised my staff that we officially cancelled Cowboy Christmas, and the 30+ employees who worked the event would have to do without the extra money they earned over the Holidays. Additionally, I began the hardship of losing $60,000 in cashflow that begins in October and enables us to survive the winter months and its accompanying revenue decline .
. In November, I formally submitted the damages claim and advised the City I was withholding rent until a remedy was in place. I had every reason to assume the insurance company would reimburse me and the city for the damages and missed rent, and advised City staff that this was my intention .
. I resumed paying rent in April, after being advised my damages claim was rejected and without stated reasoning. The current amount withheld is $15,638.
The attachments reveal the month-by-month revenue decline we sustained as compared to 2024. Here is the summary (see attached income statement):
. April: Up 20% with +$3,200 gain (prior to construction) . May: Down 33% with $6,900 loss
. June Down 15% with $3,200 loss
. July Down 18% with $4,100 loss
. August Down 30% with $8,600 loss
. September Down 16% with $3,300 loss
. October loss of Marshmallow with $10,000 replacement cost . Nov-December Cowboy Christmas loss of $60,000
. Additionally, I paid $9 50 to replace blown tires on my own and staff vehicles due to damage from metal grates
LOSS SUMMARY:
. $26,100 in trail ride revenue loss over 5 months
. $10,000 in event revenue loss over 5 months (two group events cancelled) . $5,000 in summer camp revenue loss
. $10,000 replacement value for deceased pony
. $60,000 revenue loss from Cowboy Christmas cancellation . $950 in tire replacement costs due to damage from metal grates 245 of 316
TOTAL: $112,050
Note, this is actual money/value lost and does not factor in the projected 20% revenue increase ($22,000) we failed to achieve due to the construction disruption. Also not included are the man-hours and labor costs to fix the damaged fences and walkways caused by the excavation. Lopez did do the majority of the repairs, but left many details unfinished, including knocking down the main corner post holding our exterior fence upright.
SUMMARY;
I have maintained an approach of patience, fairness and reason throughout this ordeal. I want my business to remain next to River View Park, renew my licensing agreement in August, and somehow recover from this. I value my relationship with the City, Staff and Council. I do not want this to devolve into a contentious situation, rather I just want to move on in a positive manner. So far in 2026, business revenue is back up 20% and on track to where I forecasted it a year ago. At minimum, I'm requesting a retroactive rent abatement from November, 2025 of $25,000 and a cash reimbursement of $25,000. This totals less than half of what I've actually lost due to the construction disruption, and a very reasonable request. At minimum, this settlement allows me to regroup, recover and rebuild my business.
Thank you for your attention to this matter .
. Kind Regards,
~ ---
BOB SWEENEY U
Owper / SYV Horsebqck Rides
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Severe swelling shown above nose from accumulated ammonia due to liver failure. 247 of 316
March 27, 2026
SYV Horseback Rides, LLC
2770 Quail Valley Road
Solvang, CA 93463
CLAIM REJECTION NOTICE
RE: Claimant:
Our Client:
Date of Loss:
Our File Number:
Dear SYV Horseback Rides, LLC:
SYV Horseback Rides, LLC
City of Buellton
05/01/2025
CJP 3055329
I
ATHENS
I
Athens Program Insurance Service LLC is the claims management company for the City of Buellton.
Notice is hereby given that the claim which you presented to the City on November I 0, 2025, was rejected on March 27, 2026.
WARNING
Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the United States mail to file a court action on this claim. (See Government Code Section 945.6) The six month time for filing such a court action is neither enlarged nor extended by the provisions of CCP Section 335.1.
This time limitation applies only to causes of action arising under Cal ifomia law for which a claim is mandated by the California Government Tort Claims Act. Government Code Sections 900 et. seq. Other causes of action, including those arising under federal law, may have different time limitations for filing.
You may seek the advice of an attorney of your choice in connection with this matter. \f you desire to consult an attorney, you should do so immediately.
Very Truly Yours,
Andrea Wilson
Senior Claims Examiner
P.O. Box 4005 • Concord, CA 94524 • 866.482.3535 • athensadmin.com 248 of 316
CITY OF BUELLTON
City Council Agenda Staff Report
City Manager Review: SW
Council Agenda Item No.: 13
To: The Honorable Mayor and City Council
From: Shannel Zamora, Finance Director
Meeting Date: May 14, 2026
Subject: CalPERS Pension Funding Update and Discussion and Direction on Options for Reducing the City’s CalPERS Pension Unfunded Accrued Liability (UAL)
______________________________________________________________________________
BACKGROUND
City employees participate in the California Public Employees’ Retirement System (CalPERS), a defined benefit pension system. Under a defined benefit plan, the City is responsible for funding promised retirement benefits together with employee contributions and investment earnings generated by CalPERS. Because investment earnings are expected to fund a significant portion of the promised benefits, actual investment performance is one of the most important drivers of long-term pension cost and contribution volatility.
Each year, CalPERS issues actuarial valuation reports for the City’s pension plans (Attachment 1). These reports establish future employer contribution requirements and update the funded status of the plans. The valuation process includes a timing lag; for example, the June 30, 2024 valuation will establish contribution requirements for Fiscal Year 2026-27. Based on the projected funding update, the City’s combined funded status improved to 87.6% as of June 30, 2024 and is projected to improve further to approximately
91.6% for 2025 and 96.3% for 2026, before any separate pension volatility reserve is considered.
On April 14, 2022, City Council adopted Resolution No. 22-12 adopting a Pension Funding Policy (Attachment 2). The policy was intended to ensure an adequate and appropriate approach to monitoring and addressing the City’s CalPERS unfunded accrued liability (UAL). The policy also requires the Finance Director to provide an annual report to the City Council covering:
The funded status of the City’s pension plans;
Major events that have impacted the funded status of each CalPERS plan; and Major events that are known or likely to occur that may impact the funded status of each plan.
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CalPERS Pension UAL Page 2 May 14, 2026
The City retains the service with GovInvest, Inc. to provide actuarial calculations, forecasting, and visualization and education services. GovInvest has developed a presentation that will provide an annual CalPERS update and provide a recommendation regarding future pension risk mitigation strategy (Attachment 3).
PRIOR COUNCIL DIRECTION AND FUNDING STRATEGY
The City has previously used additional discretionary payments (ADP) to accelerate progress toward reducing its UAL. At its January 23, 2025 meeting, the City Council approved staff’s recommendation to make an ADP of $175,000 during Fiscal Year 2025- 26 and to evaluate future UAL payment strategies in light of updated CalPERS valuation results.
The ADP strategy was appropriate when the City’s primary pension objective was to reduce its outstanding UAL and improve funded status. The City’s recent progress indicates that the strategy has been effective. As the City approaches a much stronger funded position, however, the next phase of pension risk mitigation should focus not only on reducing outstanding UAL, but also on protecting the General Fund and service levels from future pension cost volatility.
FUNDING UPATE
The City’s funded status has improved materially since the market downturn reflected in the June 30, 2022 valuation. The draft 2026 pension funding update indicates the following combined plan trend:
Fiscal Year
End
Accrued
Liability
Market Value of
Assets
UAL Funded
Status
2021 $11,285,067 $9,560,649 $1,724,418 84.7%
2022 $12,055,617 $8,828,493 $3,227,124 73.2%
2023 $12,558,369 $10,703,906 $1,854,463 85.2%
2024 $13,481,945 $11,807,532 $1,674,413 87.6%
2025
Projected
$14,274,681 $13,070,045 $1,204,636 91.6%
2026
Projected
$15,145,005 $14,588,113 $556,892 96.3%
Note: 2025 and 2026 figures are projections from the draft pension funding update and are subject to final CalPERS valuation results and future investment performance
This trend reflects a significant improvement in the City’s pension position. In addition, the draft funding update indicates that Buellton compares favorably with other Santa Barbara County cities as of June 30, 2024, with a funded ratio of 87.6% before considering any separate pension volatility reserve.
MAJOR EVENTS AFFECTING FUNDED STATUS
The major events affecting the City’s recent funded status include the following:
• Prior Council-directed ADPs, which reduced the City’s UAL and accelerated funding progress;
• Favorable CalPERS investment returns in recent years, including returns above the assumed rate in 2024, 2025 and 2026 YTD;
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CalPERS Pension UAL Page 3 May 14, 2026
• The normal valuation lag, which means investment gains and losses are recognized in future contribution requirements over time; and
• Ongoing changes in payroll, demographics, and actuarial experience that can modestly increase or decrease the City’s future cost structure.
While the recent funding trend is positive, CalPERS investment volatility remains the City’s primary pension risk. Underperformance in any single year can create a new UAL base, reduce funded status, and increase future employer contributions. Those increases are generally phased in over time, but they can still create budget pressure and compete with other General Fund priorities.