City of Carpinteria
City Council Regular Meeting Agenda
Monday, March 14, 2022
Council Chamber, 5775 Carpinteria Avenue
5:30 p.m. Regular Meeting
In-Person and Virtual Participation Options
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave
• View the meeting live through the City’s website (https://carpinteria.ca.us/cityhall/agendas-meetings) on your computer, tablet or smartphone. • View the meeting on Government Access Television Channel 21 (broadcast live and rebroadcast on the Wednesday and the Saturday following the meeting at 8:00 p.m. and 5:00 p.m., respectively).
• Call 669-900-9128 (and enter Webinar ID 889 0390 2262) to listen to the meeting on your phone.
• Join the City’s Zoom webinar from your computer, tablet, or smartphone by CLICKING HERE. Alternatively, you can join the Zoom webinar by logging on to www.zoom.us, downloading the application, selecting "Join Meeting", and entering Webinar ID 889 0390 2262.
Public Comments
• Provide a live public comment during the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.). Please note the City has the discretion to limit both the overall and individual speaker time for any meeting or agenda matter. Typically, the Council’s practice has been to limit each speaker to three minutes. • Coordinate with the City Clerk to provide a live public comment (as either a general public comment or on a specific agenda item) by phone by sending an email to [email protected] by 12:00 P.M. on the day of the meeting and including the following information in your email: (1) the meeting date and agenda item (number and title) on which you wish to speak, (2) your full name, (3) your call back number and area code. During public comment on the agenda item specified in your email, City staff will make every effort to contact you via your provided telephone number so that you can provide public comment telephonically. Please note the City has the discretion to limit the speaker's time for any meeting or agenda matter.
Typically, the practice has been 3 minutes per speaker on each item. • Provide a live comment through the City’s Zoom webinar platform (through the link provided above). To make public comments through this platform please use the “raise your hand” feature to notify staff that you would like to make a public comment during designated public comment times. Once it is your turn to provide a public comment, staff will unmute your microphone and you will be given a designated amount of time City Council Regular Meeting Agenda
March 14, 2022
to provide your comment (typically, the practice has been up to 3 minutes per speaker on each item). At the end of your comment, staff will once again mute your microphone.
• Submit a written comment (as either a general public comment or on a specific agenda item) to be distributed to Council Members by 12:00 P.M. on the day of the meeting by either submitting your comment via (1) email to
[email protected], or (2) the eComment link on the City's agenda website (https://carpinteria.ca.us/city-hall/agendas-meetings). Please reference the agenda item to which your comment pertains.
Please note that the City will make every effort to make the meeting accessible virtually; however, if one of the above virtual attendance/viewing or public comment options is unavailable due to technological issues, you are invited to take advantage of one of the other participation options outlined above (including attending and providing public comment inperson in the City Council Chambers). Additional options may be made available at the meeting.
Also, please note that Spanish interpretation will be available at the in-person meeting (but will not be available through the City’s Zoom webinar).
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS
1. Special City Council Commendation to Retiring Tree Advisory Board Chair Julie Broughton.
2. Adoption of Resolution No. 6108, congratulating Peter Brown on his retirement and commending and thanking him for 36 years of loyal and dedicated service to the City of Carpinteria. (Following the presentation the Council will recess to the patio for cake.)
TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY
MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES
RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL
PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
This may include updates on law enforcement activity within the City from a Sheriff’s Office representative.
City Council Regular Meeting Agenda
March 14, 2022
CITY MANAGER’S REPORT
The City Manager will report to the City Council regarding various City and/or community events and/or matters of interest. There will be no City Council discussion except to ask questions or refer matters to staff; and no action will be taken unless listed on a subsequent agenda.
PRESENTATIONS BY CITIZENS / PUBLIC COMMENT
This is a time for public comments on matters not otherwise on the agenda but within the subject matter jurisdiction of the City Council. The Public Comment period is limited to 15 minutes and divided among those persons desiring to speak. No person shall speak longer than three minutes; however, the Mayor may establish shorter periods based on the time available and/or the number of persons waiting to speak. Persons wishing to speak on a specific item will be recognized at the time the agenda item is considered. The audio-visual system in the Council Chamber is not available for speaker use during the general Public Comment period.
Please be aware that items on the consent calendar are considered to be routine and are normally enacted by one unanimous vote of the Council. If you wish to speak on a consent calendar item, or on a matter scheduled for consideration in a closed session at the end of the agenda, please do so during the Presentations by Citizens/Public Comment portion of the meeting.
The City and the City Council are not responsible for the content of statements made during the public comment period, or the factual accuracy of any such statements.
AGENDA MODIFICATIONS: The City Council may modify the regular agenda by tabling items, adding urgency items to the agenda, or changing the order in which items are considered. Changes to the Consent Calendar are considered at the time the Consent Calendar is considered.
CONSENT CALENDAR:
3. Approve the minutes of the special Local Appeals Board meeting of February 28, 2022.
4. Approve the minutes of the regular City Council meeting of February 28, 2022.
5. Receive and file the Expenditures for the period beginning February 19, 2022 and ending March 4, 2022.
6. Adopt Resolution Nos. 6105, 6106, and 6107, commending and congratulating the Carpinterian of the Year for 2020, Carpinterian of the Year for 2021, and Junior Carpinterian of the Year for 2021, respectively.
7. Adopt Resolution No. 6104, authorizing the filing of the Transportation Development Claim for Fiscal Year 2022-23.
City Council Regular Meeting Agenda
March 14, 2022
ADMINISTRATIVE MATTERS:
8. Authorize the City Manager to execute amendment to Agreement for Consultant Services, 2021-11, with National League of Cities’ Race, Equity, and Leadership program (“NLC REAL”), to account for revisions to agreement terms due to delays related to COVID-19, as well as updates to workshop titles, sequencing, and offerings.
Recommendation: Approve City Manager to execute amendment to Agreement for Consultant Services, 2021-11, with NLC REAL, on behalf of the City.
Staff Presenter: Michael Ramirez, Assistant City Manager a. Staff Report
b. Public Comment
c. City Council Determination
9. Third Amendment to Service Agreement with Granicus, LLC for Public Meeting Streaming and Online Agenda Management Services.
Recommendation: Authorize the City Manager to execute the Third Amendment to the Service Agreement with Granicus, LLC for public meeting streaming and online agenda management services in an amount not-to-exceed $34,810.35 and extend the term through March 31, 2025. (This motion requires a roll call vote.) Staff Presenter: Dave Durflinger, City Manager
a. Staff Report
b. Public Comment
c. City Council Determination
10. Resolution Nos. 6109 and 6110, approving and adopting revisions to the resolutions for Conditions of Employment for Management and Miscellaneous Unrepresented Personnel for Fiscal Year 2021-2022.
Recommendation: Approve Resolution Nos. 6109 and 6110, amending Resolution Nos. 6101 and 6102 concerning Conditions of Employment for Management and Miscellaneous Personnel and authorizing the City Manager to implement the changes effective July 1, 2021.
Staff Presenter: Laura Hernández, Human Resources/Risk Manager a. Staff Report
b. Public Comment
c. City Council Determination
City Council Regular Meeting Agenda
March 14, 2022
PUBLIC HEARING: NONE
OTHER BUSINESS:
11. Receive Status Report, Award a Construction Contract, and Authorize a Budget Increase for the Carpinteria Skate Park Project.
Recommendation: (1) Receive Status Report of the Carpinteria Skate Park Project. (2) Award a Construction Contract for the Carpinteria Skate Park Project (City Project No. 15124) to Lash Construction, Inc. in the Total Base Bid amount of $2,089,242. (3) Authorize a budget increase to Capital Improvements Project Fund Expense Account No. 301-403-5780 for Project PK-19-003 and the associated transfer of funds as directed by the City Council. (This motion requires a roll call vote.) Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination
12. At the Request of Councilmembers Alarcon and Clark, City Council to Determine Whether to Reconsider and/or Amend the Motion and Vote Made at the February 28, 2022 City Council Meeting Regarding the Selection of Map A2 as the Proposed Final Map for Consideration of Adoption at the City Council Meeting of March 28, 2022.
Recommendation: Council to consider, upon a majority vote, whether to reconsider and/or amend Council’s motion and vote made at the February 28, 2022 City Council meeting selecting Map A2 as the proposed final map for consideration of adoption at the final public hearing. If Council votes to reconsider and/or amend its prior motion and vote, Council will then deliberate and provide direction to staff and consultant regarding selecting a second map, to be included in addition to Map A2 for Council consideration at the March 28, 2022 City Council meeting.
Staff Presenter: Dave Durflinger, City Manager
a. Staff Report
b. Public Comment
c. City Council Determination
13. Interim and long-term options for the establishment of City-operated, or sponsored, senior programs, including the provision of a City facility, or facilities, for programming.
Recommendation: Receive and file the report, and direct staff as determined appropriate.
Staff Presenter: Michael Ramirez, Assistant City Manager City Council Regular Meeting Agenda
March 14, 2022
a. Staff Report
b. Public Comment
c. City Council Determination
14. Community Development Block Grant (CDBG) Committee recommendations concerning the 2022-2023 Public Services Grant Applications and allocation of program funds.
Recommendation: Allocate the CDBG Public Services Grant Funding pursuant to the recommendations of the City’s CDBG Committee to equally share the funds between Peoples’ Self-Help Housing’s Carpinteria Camino Scholars program and the United Boys & Girls Club of Santa Barbara County’s Carpinteria Club – College Bound. (This motion requires a roll call vote.)
Staff Presenter: Steve Goggia, Community Development Director a. Staff Report
b. Public Comment
c. City Council Determination
15. The City’s 2021 Housing Element Annual Progress Report to the State Department of Housing and Community Development on the status of implementation of its goals, policies, and objectives.
Recommendation: Receive the 2021 Housing Element Annual Progress Report and direct that it be submitted to the State Housing and Community Development Department.
Staff Presenter: Steve Goggia, Community Development Director a. Staff Report
b. Public Comment
c. City Council Determination
16. Highway 101 Fire Incident Emergency Repair update, approval of a budget allocation for the City’s potential portion of costs, and authorization for the City Manager to arrange for reimbursement to Caltrans as determined necessary.
Recommendation: (1) Receive and file the report on the Highway 101 Fire Incident Emergency Repair; and (2) Appropriate a not-to-exceed budget amount of $400,000, for the City’s potential portion of repair costs from the Major Asset Replacement Reserve; and (3) Authorize the City Manager, subject to confirmation of liability, to prepare and execute an agreement between the City and Caltrans for reimbursement of the City’s portion of repair work costs in an amount determined appropriate and not to exceed $400,000. (This motion requires a roll call vote.)
City Council Regular Meeting Agenda
March 14, 2022
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination
LEGISLATIVE UPDATE: The City Council will discuss local, state and/or federal legislation under consideration and decide whether to direct staff to place a matter(s) on a future City Council agenda for consideration.
COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY
COUNCILMEMBERS
Informational reports from Councilmember representatives on the committees, commissions and organizations listed below. This is also an opportunity for Councilmembers to request information from staff or seek support from fellow Councilmembers for future agenda items.
1. Representatives to Regional Agencies and Committees
a. Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) (Clark/Alt. Carty)
b. California Joint Powers Insurance Authority (CJPIA) (Clark/Alt. Carty) c. Channel Counties Division, League of California Cities (Nomura/Alt. Lee) d. Santa Barbara County Association of Governments (SBCAG)(Clark/Alt.
Nomura)
e. Santa Barbara County Air Pollution Control District (APCD)(Clark/Alt. Nomura) f. Santa Barbara Joint Affordable Housing Task Group (Carty & Alarcon) g. Santa Barbara County Elected Leaders Forum to Address Homelessness (Clark/Alt. Alarcon)
h. Home for Good of Santa Barbara County (Clark/Alt. Alarcon) i. South Coast Youth Safety Partnership (Lee & Alarcon) J. Central Coast Community Energy (3CE) (Nomura/Alt. Goleta) k. Multijurisdictional Solid Waste Task Group (Lee/Alt. Alarcon)
2. Joint and Standing Committees
a. City Council/Economic Vitality Committee (Carty & Lee) b. City Council/Public Safety Committee (Clark & Nomura) c. City Council/School Board Committee (Lee & Alarcon)
d. City Council/Utilities Committee (Lee & Nomura)
e. City Council/First District Supervisor Committee (Lee & Carty) f. City Council Finance/Budget Committee (Carty & Clark) g. Transportation Committee (Lee & Clark)
City Council Regular Meeting Agenda
March 14, 2022
h. Development Review Committee (Joint Committee membership from City Council, Planning Commission and Architectural Review Board) (CC: Clark & Nomura/Alt. Carty) (PC: Benefield and Callender) (ARB: Reginato and Stein) i. General Plan and Coastal Plan Update Committee (Joint Committee membership from City Council and Planning Commission) (Clark & Lee) (PC: Allen/Callender) j. Public Facility Site Acquisition/Development Committee (Carty & Nomura)
3. Ad Hoc Committees
a. Library Committee (Lee & Alarcon/Alt. Carty)
b. District Elections Committee (Alarcon & Clark)
c. COVID-19 Communications Committee (Clark & Nomura)
d. COVID-19 Recovery Committee (Carty & Lee)
e. Racial Equity and Social Justice Program Planning Committee (Nomura & Alarcon)
f. Harbor Seal Advisory Committee (Clark & Lee)
4. City Representatives on other Committees
a. Community Media Access Center (Gary Dobbins)
b. Santa Barbara Mosquito and Vector Management District (Joe Franken) c. Santa Barbara Metropolitan Transit District (Chuck McQuary) d. County Library Advisory Committee (Gail Marshall)
ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
ADJOURNMENT
The next regular meeting of the City Council will be held March 28, 2022 at 5:30 p.m.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Office at 755-4403 or the California Relay Service at (866) 735-2929. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting.
Materials related to an agenda item submitted to the City Council after distribution of the agenda packet are available for public review at the City Clerk's Office.
This agenda was posted on Wednesday, March 9, 2022, in the City Clerk's Office, on the City Hall Public Notices Window, and on the Internet.
RESOLUTION NO. 6108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA CONGRATULATING PETER BROWN ON HIS
RETIREMENT AND COMMENDING AND THANKING HIM FOR 36
YEARS OF LOYAL AND DEDICATED SERVICE TO THE CITY OF
CARPINTERIA
WHEREAS, Peter Brown retired from his role as Principal Contract City Attorney, effective June 24, 2021, after 36 years of service to the City of Carpinteria; and WHEREAS, the City entered into a consultant services agreement for legal services with the Santa Barbara law firm of Hatch & Parent (now Brownstein Hyatt Farber Schreck) in 1985; and
WHEREAS, during his tenure Mr. Brown served as Deputy City Attorney from 1985-1990, Senior Deputy City Attorney, 1990-1992, and as Principal Contact Attorney from 1992-2021; and
WHEREAS, Peter has been a leader in his field, regularly presenting at City Attorney's Department conferences of the League of California Cities, serving on Department Committees, and serving for three years as an officer of the Department, including as President in 2001-2002.
WHEREAS, Peter established and maintained over his tenure a legal services team capable of assisting the City with the varied and complex legal matters facing coastal cities in the central coast region; and
WHEREAS, Peter ensured that the consulting legal services team works collaboratively with the City's management and leadership to proactively address legal risks and issues, and assist and support the City Council and its Boards, Commissions and Committees to the benefit and well-being of the Carpinteria community.
WHEREAS, Peter's tenure is most notable for how he went about the work; conducting himself with the utmost integrity and professionalism, earning the trust and confidence of City Council and staff members, and the Carpinteria community.
NOW, THEREFORE, BE IT RESOLVED as follows:
Resolution No. 6108
SECTION 1. The above recitals are true and correct.
SECTION 2. Peter Brown is congratulated on his much deserved retirement and commended and thanked for his long and stellar service to the City organization and Carpinteria community.
PASSED, APPROVED AND ADOPTED on this 14th day of March, 2022, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, City Clerk
City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on March 14, 2022.
Brian C. Barrett, City Clerk
City of Carpinteria
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
G:\FIDELA\CITY COUNCIL\RESOLUTIONS\Resolution No. 6108 - Peter Brown Retirement 031422 Short Form.doc_3_ 14_22.docx
CARPINTERIA LIBRARY BOARD OF TRUSTEES
5775 Carpinteria Avenue
Carpinteria, CA 93013
REGULAR MEETING AGENDA
MONDAY, MARCH 14, 2022
5:30 P.M.
1. Call to order and roll call.
2. Confirmation of legal noticing and procedural requirements of meeting.
3. Public Comment – This is the time for public comments on matters not otherwise on the agenda but within the subject matter of the Carpinteria Library Board of Trustees.
4. Approval of minutes of regular meeting held February 14, 2022.
5. Update on the Library Transition Process (verbal report).
6. Whether to migrate patron data to new system without outstanding balances on patron accounts.
Recommendation: To establish the Carpinteria Community Library without previously existing fines and fees.
Staff Presenter: Jody Thomas, City Librarian
a. Staff Report
b. Public Comment
c. City Council Determination
7. New Business & Discussion
8. Adjournment.
The Carpinteria Library Board of Trustees agenda and any associated staff reports will be available on Thursday, March 10, 2022 on the City’s Website: https://carpinteria.ca.us/city-hall/agendasmeetings/. The Carpinteria Library Board of Trustees agenda and staff reports are part of the City Council agenda for its regular meeting of March 14, 2022. Please see “TEMPORARY
ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES.” Details and procedures on how to provide public comment and participate in the meeting through telephonic means are available on the posted City Council agenda at https://carpinteria.ca.us/city-hall/agendas-meetings/.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact Brian Barrett, City Clerk at [email protected] or (805) 755-4446.
Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting.
CARPINTERIA LIBRARY BOARD OF TRUSTEES
5775 Carpinteria Avenue
Carpinteria, CA 93013
MEETING AGENDA
MONDAY, FEBRUARY 14, 2022
1. Call to order and roll call.
President Nomura called the meeting to order at 8:15 pm.
Boardmembers present: Boardmember Natalia Alarcon
Boardmember Gregg A. Carty
Boardmember Roy Lee
Vice President Al Clark
President Wade T. Nomura (via Zoom)
Staff members present: Dave Durflinger, Chief Executive Officer Jena Shoaf Acos, on behalf of Brownstein Hyatt
Farber Schreck, LLP acting as City Attorney of the
City of Carpinteria
Brian C. Barrett, Acting Secretary
Jody Thomas, City Librarian
2. Confirmation of legal noticing and procedural requirements of meeting.
Acting Secretary Barrett acknowledged that all legal noticing and procedural requirements have been met.
3. Public Comment
There was no public comment.
4. Approval of minutes of regular meeting held January 10, 2022.
Motion by Vice President Clark, seconded by Boardmember Alarcon, to approve the minutes of the regular meeting held January 10, 2022. The roll call vote was as follows:
AYES: Boardmember Alarcon, Boardmember Carty, Boardmember Lee, Vice President Clark, and President Nomura
NOES: None
ABSENT: None
ABSTAIN: None
Library Board of Trustees Regular Meeting Minutes
February 14, 2022
The motion carried unanimously.
5. Selection of Name of the Library (verbal report).
City Librarian Thomas provided a verbal report.
Boardmember Carty asked if there would be a logo along with the new name. City Librarian Thomas responded that the logo is to be determined.
Motion by Vice President Clark, seconded by Boardmember Lee, to accept the following Name of the Library: Carpinteria Community Library. The roll call vote was as follows:
AYES: Boardmember Alarcon, Boardmember Carty, Boardmember Lee, Vice President Clark, and President Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
6. Update on the Library Transition Process (verbal report).
City Librarian Thomas provided the following update:
• Received MOU from Black Gold
• Library cards have been designed and configured
• Bar codes have been ordered
• Recruitment for other full-time Library position is open and initial review of applications is on February 28th
• City staff met with Friends of the Library and other stakeholders to determine what people want for the library
• City staff toured the Veterans Memorial Hall and generated a deferred maintenance list and will establish a timeline for renovations • Working on the lease agreement for the Vets Hall with the County • Will meet with Santa Barbara Public Library and Black Gold staff to discuss details of the transition
Boardmember Alarcon asked for a timeline of renovations to the building. City Librarian Thomas replied that staff anticipates renovations to be complete prior to the library transitioning to the City.
Library Board of Trustees Regular Meeting Minutes
February 14, 2022
Boardmember Carty requested that an Item entitled “New Business & Discussion” be added to future agendas. He also requested a tour of the Vets Hall complex and perhaps hold a Library Board of Trustees meeting there. The Council gave consensus to Boardmember Carty’s requests.
Boardmember Alarcon asked how the City could continue to share the network of books through Black Gold. City Librarian Thomas responded that currently the library is managed by the Santa Barbara Public Library and lending between jurisdictions has stopped in order for materials to get back to their home libraries. She addressed that when the Carpinteria library becomes independent, the City will be a part of Black Gold, sharing half million items amongst six libraries in the system. She identified that Santa Barbara Public Library and San Luis Obispo County are leaving Black Gold and they will not be lending in the same way they are currently. She announced that the library is seeking volunteers to assist with barcoding items.
President Nomura announced that Boardmember Alarcon is the Board’s representative on the County Library Committee.
7. Adjournment.
President Nomura adjourned the meeting at 8:29 p.m.
________________________________
Brian C. Barrett, Secretary
City of Carpinteria
LreRAnv Bonno or TRusrees
Aceruoa Srerr Reponr
March 14,2022
ITEM FOR BOARD CONSIDERATION
Whether to migrate patron data to new system without outstanding balances on patron accounts.
STAFF RECOMMENDATION
Direct the City Librarian to migrate patron data into the new Carpinteria Library system without outstanding balances on patron accounts.
Sample Motion: I move to direct the City Librarian to migrate patron data into the new Carpinteria Library system without outstanding balances on patron accounts.
BACKGROUND
Ordinance No.747 was adopted on June 14,2021, amending Title 2 of the Carpinteria Municipal Code by modifying Chapter 2.20 (City Departments) adding a new library division to the Parks, Recreation & Public Facilities Department, and adding Chapter
2.38 (Municipal Library). Currently, the Carpinteria Library is operated by the City of Santa Barbara via contract with the County of Santa Barbara (County) as a County Branch Library. The City is scheduled to take over Carpinteria Library operations beginning on July 1,2022.
On April 14,2022, the City of Santa Barbara will begin migrating their patron data over to a new library circulation software system, formally referred to as an lntegrated Library System (lLS) which the Carpinteria Community Library will not be part of. The Carpinteria Library patron data will not be migrated at that time since Carpinteria Library will no longer be under management of the Santa Barbara Public Library (SBPL) as of July 1 ,2022. As of July 1 ,2022, the Carpinteria Community Library will be a member of Black Gold Cooperative Library System (Black Gold) that provides an ILS as part of membership. Black Gold will migrate the Carpinteria patrons to the new Black Gold ILS Migration of Patron Data
March 14,2022
Page2
on April 22,2022. Prior to this process, the City of Carpinteria can determine whether all existing patron data is to be migrated over to the new system.
DISCUSSION
Outstanding fines and fees owed to the City of Santa Barbara, as the operator of the Carpinteria Library, total 972,b03.59, When the City of Carpinteria assumes library operations, all patron account information, including outstanding debt, will be traniferred over unless othenryise directed. Current library system reports from the Santa Barbara Public Library (SBPL) show that over 2O-percent of those patrons are children, teens, or homebound patrons.
Fines are defined as charges incurred that are punitive, such as in a daily charge for every day a book is late. Fees are defined as charges intended to recoup costs-, such as a replacement fee for a lost book. More than $50,000 of the outstanding fines and fees due were incurred prior to 2017 . Under the current SBPL policy, when fatrons owe $10 or more, they are blocked from using their library card, can no longer borrow materials, and in many cases stop using the library altogether. Policy and the age of outstanding debts make recouping the balances highly unlikely. Furthermore, thiJlimited source of revenue must be weighed against potential harm to children and families unable to access and make use of the Carpinteria Community Library and all that it will offer.
According to the Urban Libraries Council in2020, research shows that communities of color are more likely to be impacted by unpaid library fines and/or fees and have a higher percentage of suspended borrowing privileges. Overdue library fines and fees typically represent a very small fraction of a ribrary's operating budgei, yet disproportionately affect communities that have income insecurity or inOiviOuals with low incomes._Library fees can become insurmountable for some families. This is a growing concern for many municipal leaders who want to ensure public services are deliveredln an equitable way in their communities.l
POLICY CONSISTENCY
The recommendation is consistent with the 2022 Annual Work Plan and the actions of the city council concerning the establishment of a municipal library.
Fine and fee amnesty is consistent with the City of Carpinteria Sustainability policy (Resolution No. 5500), which states, in part, the following objective in the Health, Safety and Wellness section:
1 HoW.Eliminatinq Library Fees Advances Racial Justice. Urban Libraries Council. 24 Aprll2e20. httDs://www.urbanlibraries.org/bloo/how-eliminatinq-librarv-fees-advances-racial-equity Migration of Patron Data
March 14,2022
18. Promote social equity which addresses the fair distribution of benefits and cosfs among different social and culturalgroups, recognizing that fhese groups have different needs, rnferesfs, rights to and responsibilities over resources, and that they experience different impacts of development interuentions which must be considered to build a solid base for sustainability and socio-environmentalequity.
FINANCIAL CONSIDERATIONS
There would be no loss of revenue from fine and fee collection in this fiscal year, as any payments received for outstanding fines and fees will be collected by the City of Santa Barbara. Outstanding fines and fees, if migrated over, will be inherited debt. Revenues from any potential collection of this inherited are minimal, highly unlikely, and presumably outweighed by the staff time that would be required to collect it, and the social capital expended in the process.
The total amount of fines and fees on current patron accounts is shown in the table below:
Date Fines and Fees Description
2018 and prior $61,320.59 Includes overdue fines, card
replacement charges, printing
charges, holds requests,
materials replacement,
missing pieces charges,
collection agency charges,
and processing charges.
2019-2020 $10,196.75 Same as above, with the
exception of holds request
fees, processing fees, or
charges for missing pieces,
which were discontinued.
Calendar year
2021
$1,027.00 lncludes only replacement
charges and/or collection
agency fees.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
As determined necessary and appropriate, staff consults with the City Attorney's Office and risk managers of its insurance entity, the California Joint Powers lnsurance Authority, in order to ensure compliance with legal requirements and best practices.
Migration of Patron Data
March 14,2022
OPTIONS
1 Direct the City Librarian to migrate patron data into the new Carpinteria Library system without outstanding balances on patron accounts. (staff recommendation)
The Library Board of Trustees could choose to not approve the recommendation and direct staff as determined appropriate.
2 PRINCIPAL PARTIES EXPECTED T MEETING
There are no principal parties expected at the meeting
Staff contact:
Jody Thomas, City Librarian
(805) 7 55-4441, [email protected]
Reviewed by:
Michael Ramirez, Assistant City Manager
(805) 755-4450, m [email protected] nteria.ca.us
Il\P+,. {fh.mas
Signature
City of Carpinteria
City Council Minutes
Regular Meeting
Monday, February 28, 2022
In-Person and Virtual
CALL TO ORDER
Mayor Nomura called the meeting to order at 5:34 pm.
ROLL CALL
Councilmembers present: Councilmember Natalia Alarcon
Councilmember Gregg A. Carty
Councilmember Roy Lee
Vice Mayor Al Clark
Mayor Wade T. Nomura
Staff members present: Dave Durflinger, City Manager
Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber
Schreck acting as City Attorney of the City of
Carpinteria
Brian C. Barrett, City Clerk
Robert Howard, Public Works Supervisor
Amber Workman, Pool Superintendent
John L. Ilasin, Public Works Director
Oliva Uribe Mutal, Program Manager
Nick Bobroff, Principal Planner
Erin Maker, Environmental Program Manager
Licette Maldonado, Administrative Services Director
Laura Hernández, Human Resources/Risk Manager
PLEDGE OF ALLEGIANCE
Mayor Nomura led those present in the salute to the flag.
INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS
1. Proclamation Designating Sunday, March 13, 2022 as California Arbor Day in the City of Carpinteria.
Speakers via Zoom: Anna Carrillo
City Council Regular Meeting Minutes
February 28, 2022
In response to Ms. Carrillo’s comment on no sound coming through Zoom, City Clerk Barrett confirmed with GATV staff that the sound on Zoom was now working.
Motion by Councilmember Lee, seconded by Vice Mayor Clark, to approve the Proclamation designating Sunday, March 13, 2022 as California Arbor Day in the City of Carpinteria. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Mayor Nomura and the City Council presented the Proclamation to Public Works Supervisor Howard.
2. Proclamation Designating the Month of March 2022 as “Women’s History Month”.
Speakers in-person: Viviana Morales from the office of State Senator Monique Limón and Beth Cox
Motion by Councilmember Alarcon, seconded by Vice Mayor Clark, to approve the Proclamation designating the Month of March 2022 as “Women’s History Month”. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Mayor Nomura and the City Council presented the Proclamation to several individuals in the audience.
3. Adoption of Resolution No. 6103, recognizing and commending Pedro Castro Lopez for outstanding service to the Carpinteria Community.
There was no public comment.
City Council Regular Meeting Minutes
February 28, 2022
Motion by Councilmember Lee, seconded by Vice Mayor Clark, to adopt Resolution No. 6103, recognizing and commending Pedro Castro Lopez for outstanding service to the Carpinteria Community. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Mayor Nomura and the City Council presented Resolution No. 6103 to Mr. Lopez.
4. Special City Council Commendation to Retiring Tree Advisory Board Chair Julie Broughton.
This recognition was postponed to a future Council date when Ms. Broughton would be available.
PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
Lieutenant Butch Arnoldi with the Santa Barbara County Sheriff’s Department provided an update on crime in the City.
Councilmember Carty announced the passing of longtime Carpinterian Barry Horowitz.
CITY MANAGER’S REPORT
City Manager Durflinger reported on the progress of repairs to the drainage culvert under Via Real that was set on fire and which closed a portion of Via Real.
Pool Superintendent Workman provided a PowerPoint presentation on the first Swim-aThon held at the Community Pool and announced that $8,168 had been raised so far towards the $10,000 goal.
PRESENTATIONS BY CITIZENS / PUBLIC COMMENT
Emails distributed: Kirk Peterson and Everett Lipman
Speakers in-person: Susan Mailheau and another individual who turned in an illegible speaker slip and did not appear at the podium when called by the Mayor Speakers via Zoom: Marilyn Simon-Gersuk, Sarah Trigueiro, and Anna Carrillo City Council Regular Meeting Minutes
February 28, 2022
AGENDA MODIFICATIONS: NONE
CONSENT CALENDAR:
Motion by Councilmember Lee, seconded by Councilmember Carty, to approve the Consent Calendar Item Nos. 5 through 9. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
5. Approve the minutes of the regular City Council meeting of February 14, 2022.
6. Receive and file the Expenditures for the period beginning February 5, 2022 and ending February 18, 2022.
7. Receive and file the Monthly City Treasurer’s Report on Compliance with Statement of Safekeeping and Investment of Public Funds.
8. Receive and file the Contracts Executed by the City Manager on behalf of the City for the Period of January 18, 2022 through February 21, 2022.
9. Authorize the Sublease Agreement with VNA Health, for 220 square feet of interior building space at the Carpinteria Veterans Memorial Building located at 941 Walnut Avenue.
ADMINISTRATIVE MATTERS:
10. Status Report of the Carpinteria Skate Park Project.
Recommendation: Receive the status report of the Carpinteria Skate Park Project and direct staff as determined appropriate.
Public Works Director Ilasin presented the staff report.
Speakers in-person: Jason Rodriguez, Julie Mayer, Jason Lesh, and Will Carleton Speakers via Zoom: Jim Regunato (did not speak)
City Council Regular Meeting Minutes
February 28, 2022
It was the consensus of the Council to have staff return with ways to cover the discrepancy in the received bid versus the project budget such as grants, mixed contributions, fundraising and include the financial options should the City do a 50/50 split with the Skate Park Foundation of the remaining funds needed to complete the project or if the City provided 100% of the remaining funds needed to complete the project.
Motion by Councilmember Lee, seconded by Vice Mayor Clark, to receive the status report on bid analysis for the Carpinteria Skate Park Project and direct staff to come back March 14th with possible actions.
Councilmember Carty asked to amend the motion to include directing staff to pursue Option A (the City would incur the straight cost of the bid).
Councilmember Lee amended the motion and Vice Mayor Clark seconded the amended motion to receive the status report on bid analysis for the Carpinteria Skate Park and direct staff to pursue Option A (the City would incur the straight cost of the bid) and come back March 14th with a financial analysis. The roll call vote on the amended motion was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
11. Amendment No. 3 to the Memorandum of Understanding with the Santa Barbara County Association of Governments for the Rincon Multi-Use Trail Project.
Recommendation: Authorize the Mayor to execute Amendment No. 3 to the Memorandum of Understanding with the Santa Barbara County Association of Governments for the Rincon Multi-Use Trail Project.
Public Works Director Ilasin presented the staff report.
There was no public comment.
Motion by Councilmember Alarcon, seconded by Councilmember Lee, to authorize the Mayor to execute Amendment No. 3 to the Memorandum of Understanding with the Santa Barbara County Association of Governments for the Rincon Multi-Use Trail Project. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
City Council Regular Meeting Minutes
February 28, 2022
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
12. Amendment No. 2 to the Agreement with Bengal Engineering, Inc. for the Rincon Multi-Use Trail Project.
Recommendation: Authorize the City Manager to execute Amendment No. 2 to the Agreement with Bengal Engineering, Inc. for consulting design services for the Rincon Multi-Use Trail Project in an amount not-to-exceed $315,626 for a total amended agreement amount of $1,593,520. (This motion requires a roll call vote.) Public Works Director Ilasin presented the staff report.
There was no public comment.
Motion by Councilmember Lee, seconded by Councilmember Carty, to authorize the City Manager to execute Amendment No. 2 to the Agreement with Bengal Engineering, Inc. for consulting design services for the Rincon Multi-Use Trail Project in an amount not-toexceed $315,626 for a total amended agreement amount of $1,593,520. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
13. Amendment No. 3 to the Agreement with Dudek for the Rincon Multi-Use Trail Project.
Recommendation: (1) Authorize the City Manager to execute Amendment No. 3 to the Agreement with Dudek to complete the CEQA documentation for the Rincon Multi-Use Trail Project in an amount not-to-exceed $27,470 for a total amended agreement amount of $228,900. (2) Authorize a budget increase of $343,096 to Capital Improvements Project Fund Expense Account No. 301-403- 5780 for Project PK-19-004-5783 and a budget appropriation of $343,096 to Capital Improvement Project Fund Revenue Account No. 301-403-4380 for Project PK-19-004-4380. (This motion requires a roll call vote.) Public Works Director Ilasin presented the staff report.
City Council Regular Meeting Minutes
February 28, 2022
There was no public comment.
Motion by Councilmember Lee, seconded by Councilmember Alarcon, to (1) authorize the City Manager to execute Amendment No. 3 to the Agreement with Dudek to complete the CEQA documentation for the Rincon Multi-Use Trail Project in an amount not-toexceed $27,470 for a total amended agreement amount of $228,900 and (2) authorize a budget increase of $343,096 to Capital Improvements Project Fund Expense Account No. 301-403-5780 for Project PK-19-004-5783 and a budget appropriation of $343,096 to Capital Improvement Project Fund Revenue Account No. 301-403-4380 for Project PK19-004-4380. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
14. Agreement with ZWorld GIS for Mapping and Geographic Information Systems Services.
Recommendation: Authorize the City Manager to execute the Agreement with ZWorld GIS for mapping and geographic information system services in an amount not-to-exceed $35,724. (This motion requires a roll call vote.) Public Works Director Ilasin presented the staff report.
There was no public comment.
Motion by Vice Mayor Clark, seconded by Councilmember Alarcon, to authorize the City Manager to execute the Agreement with ZWorld GIS for mapping and geographic information system services in an amount not-to-exceed $35,724. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
PUBLIC HEARING:
City Council Regular Meeting Minutes
February 28, 2022
15. City Council District Maps review, including presentation on four draft plans created by Redistricting Partners for Council review and feedback, and selection of a proposed final plan for consideration of adoption at the City Council meeting of March 28, 2022.
Recommendation: Consider the four draft plans and provide direction to staff and consultant on a proposed final plan for consideration of adoption at the City Council meeting of March 28, 2022.
Program Manager Uribe Mutal and Sophia Garcia with Redistricting Partners presented the staff report and PowerPoint presentation. Ms. Garcia was present via Zoom.
Councilmember Lee left the dais at 7:19 pm and returned at 7:20 pm.
Emails distributed: Russell Ruiz, Lorraine McIntire, and Diana Andonian Speakers in-person: Jason Rodriguez, Lorraine McIntire, and Fred Shaw Vice Mayor Clark suggested making minor changes to map A2 to reduce the deviation and appearance of gerrymandering.
Councilmember Lee and Councilmember Carty both favored moving forward with map A2 as presented.
Councilmember Alarcon suggested making minor tweaks to map A2 to reduce the deviation.
Mayor Nomura was in favor of map A2.
Motion by Councilmember Lee, seconded by Councilmember Carty, to receive and file the presentation and public comments received to date and direct staff to bring back draft plan A2, for consideration of adoption at the City Council meeting of March 28, 2022.
Councilmember Alarcon commented that she would like to put another motion on the floor after the vote of the current motion.
The roll call vote was as follows:
AYES: Councilmember Carty, Councilmember Lee, and Mayor Nomura NOES: Councilmember Alarcon and Vice Mayor Clark
ABSENT: None
ABSTAIN: None
The motion carried.
City Council Regular Meeting Minutes
February 28, 2022
Councilmember Alarcon did not present another motion.
Mayor Nomura temporarily recessed the meeting to a break at 7:55 pm and reconvened at 8:07 pm.
OTHER BUSINESS:
16. Bob Hansen Creeks Preservation Program Annual Report Recommendation: Receive a presentation on City efforts to protect and restore City creek resources as part of the Bob Hansen Creeks Preservation Program.
Principal Planner Bobroff and Environmental Program Manager Maker presented the staff report.
There was no public comment.
Motion by Councilmember Lee, seconded by Vice Mayor Clark, to receive and file the annual Bob Hansen Creeks Preservation Program Report. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
17. Annual Comprehensive Financial Report (ACFR) for the Fiscal Year Ended June 30, 2021.
Recommendation: Receive and file the ACFR for the fiscal year ended June 30, 2021.
Administrative Services Director Maldonado and Travis Hole with Moss, Levy & Hartzheim LLP presented the staff report. Mr. Hole was present via Zoom.
There was no public comment.
Motion by Vice Mayor Clark, seconded by Councilmember Lee, to receive and file the ACFR for the fiscal year ending June 30, 2021 and various reports associated with it. The roll call vote was as follows:
City Council Regular Meeting Minutes
February 28, 2022
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
18. Resolution No. 6100, approving and adopting the Memorandum of Understanding for Fiscal Year 2021-2022 between the City of Carpinteria and Service Employees International Union (SEIU) Local 620, representing employees in the General Service, Public Works and Parks, Recreation and Public Facilities bargaining units.
Recommendation: Approve Resolution No. 6100, adopting the Memorandum of Understanding for Fiscal Years 2021-2022 between the City of Carpinteria and the Service Employees International (SEIU) Local 620, representing employees in the General Service, Public Works, and Parks, Recreation and Public Facilities bargaining units and authorize the City Manager to implement the changes, effective July 1, 2021.
Human Resources/Risk Manager Hernández presented the staff report.
There was no public comment.
Motion by Councilmember Alarcon, seconded by Vice Mayor Clark, to adopt Resolution No. 6100, as read by title only, approving the Memorandum of Understanding for Fiscal Year 2021-2022 between the City of Carpinteria and the Service Employees International (SEIU) Local 620. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
19. Resolution Nos. 6101 and 6102, approving and adopting the revisions to the Conditions of Employment for Management and Miscellaneous Unrepresented Personnel for Fiscal Year 2021-2022.
Recommendation: Approve Resolution Nos. 6101 and 6102, approving revisions to the Conditions of Employment for Management and Miscellaneous Personnel City Council Regular Meeting Minutes
February 28, 2022
and authorizing the City Manager to implement the changes effective July 1, 2021.
Human Resources/Risk Manager Hernández presented the staff report.
There was no public comment.
Motion by Councilmember Alarcon, seconded by Vice Mayor Clark, to adopt Resolution Nos. 6101 and 6102, as read by title only. The roll call vote was as follows:
AYES: Councilmember Alarcon, Councilmember Carty, Councilmember Lee, Vice Mayor Clark, and Mayor Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
LEGISLATIVE UPDATE
City Manager Durflinger announced there were no updates.
Councilmember Lee requested staff return with a support letter by the Council at the next Council meeting regarding AB 1881 – regulations for humane treatment of dogs and cats.
COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY
COUNCILMEMBERS
Vice Mayor Clark reported on the recent Ad Hoc Harbor Seal Advisory Committee meeting where the group determined its objectives.
Councilmember Lee noted that the Ad Hoc Harbor Seal Advisory Committee hoped to report on recommendations to the City Council by October 2022.
Councilmember Carty requested the Council tour the Veterans Memorial Building. City Manager Durflinger acknowledged that staff is setting up the tour.
Councilmember Alarcon attended the City Council/School Board Committee where civic and youth engagement programs, pedestrian safety improvements, the library transition, and the process for reviewing and updating the facilities use agreements between the School District and the City were discussed.
City Manager Durflinger announced that the Community Awards Banquet would be held March 12th.
City Council Regular Meeting Minutes
February 28, 2022
ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the regular City Council meeting of March 14th.
Mayor Nomura congratulated Mr. Barrett on his promotion to City Clerk.
ADJOURNMENT
Mayor Nomura adjourned the meeting at 8:39 p.m.
__________________________
Wade T. Nomura, Mayor
ATTEST:
____________________________
Brian C. Barrett, City Clerk
City of Carpinteria
Local Appeals Board Minutes
Special Meeting
Monday, February 28, 2022
In-Person
CALL TO ORDER
Chair Nomura called the meeting to order at 3:35 pm.
ROLL CALL
Boardmembers present: Boardmember Natalia Alarcon
Boardmember Gregg A. Carty (arrived at 3:41 pm)
Boardmember Roy Lee
Vice Chair Al Clark
Chair Wade T. Nomura
Staff members present: Dave Durflinger, City Manager
Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber
Schreck acting as City Attorney of the City of Carpinteria Mack Carlson, on behalf of Brownstein Hyatt Farber
Schreck acting as City Attorney of the City of Carpinteria Steve Goggia, Community Development Director
Brian C. Barrett, City Clerk
PLEDGE OF ALLEGIANCE
Chair Nomura led those present in the salute to the flag.
PUBLIC HEARING:
The Local Appeals Board met to hold a public hearing for the following matter:
Appeal of the issuance of four (4) building permits for repairs to the multi-family residence located at 5387 Eighth Street pursuant to Carpinteria Municipal Code Section 15.08.180.
Recommendation: Staff recommends that the Local Appeals Board deny the appeal of the issuance of four building permits for repairs to the multi-family residence located at 5387 Eighth Street.
Mr. Carlson asked present Boardmembers Alarcon, Lee, Clark, and Nomura if they had any ex parte communications to disclose regarding this matter. Boardmembers Alarcon, Lee, Clark, and Nomura had no ex parte communications to disclose regarding this matter.
Mr. Carlson described the process and the role of the Local Appeals Board.
Local Appeals Board Special Meeting Minutes
February 28, 2022
Community Development Director Goggia presented the staff report.
Boardmember Carty arrived at 3:41 pm and Mr. Carlson asked Boardmember Carty if he had any ex parte communications to disclose regarding this matter. Boardmember Carty had no ex parte communications to disclose regarding this matter.
John J. Thyne III, attorney for Appellant Patrick O’Connor, property owner of 5395 Eighth Street, gave the Appellant’s presentation. Appellant Patrick O’Connor provided exhibits in support of the appeal.
Mark and Jami Leaf, property owners of 5387 Eighth Street, provided the Property Owner presentation.
There was no public comment.
Motion by Boardmember Lee, seconded by Vice Chair Clark, to deny the appeal of the issuance of four building permits for repairs to the multi-family residence located at 5387 Eighth Street. The roll call vote was as follows:
AYES: Boardmember Alarcon, Boardmember Carty, Boardmember Lee, Vice Chair Clark, and Chair Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
PUBLIC COMMENT WILL BE HEARD CONCERNING ONLY THE AGENDIZED ITEM FOR
THIS SPECIAL MEETING
ADJOURNMENT
Chair Nomura adjourned the meeting at 4:30 pm.
__________________________
Wade T. Nomura, Chair
Local Appeals Board
ATTEST:
____________________________
Brian C. Barrett, City Clerk
City of Carpinteria
Gourrrcrr- Aceruon Srarr Reponr
March 14,2022
ITEM FOR COUNCIL CONSIDERATION
Expenditures forthe period beginning February 19,2022 and March 04,2022
STAFF RECOMMENDATION
That the City Council accept this report concerning the current list of warrants pursuant to Carpinteria Municipal Code 2.08.150(F).
DISCUSSION
As part of each regular City Council agenda, a list of all checks (attached) dispersed since the last reporting period is presented to the City Council pursuant to C.M.C.
2.08.150(F). The report is provided for City Council and public information and serves as Staffs verification that the expenditures have been reviewed and are within budgeted appropriations.
FINANCIAL CONSI DERATIONS
The warrant register included as an attachment is designed to communicate fiscal activity since the prior reporting period. No action is requested as part of this report.
ATTACHMENTS
Attachment A: Warrant Register for the period beginning February 19,2022 and ending March 04,2022
Warrant Register
March 14,2022
Page#2
Staff contact: Alexiss Martinez, Accounting Tech
(805) 7 55-4422, AlexissM@ci. carpi nteria. ca. us
Staff contact: Licette Maldonado, Admin Services Dir
(805) 755-4448, LicetteMrOci ca.us
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, DaveDtOci nteria.ca.us
Signature
Signature
Signature
G :\Ad m i n Services\Staff Report\Staff Report AP. docx Warrant Register
Carpinteria, CA
Date Range: 02/19/2022 - O3/O3/2O22
vendor Number
Payable $
Eank Code: AP Banl(-AP Bank
Vendor Name
Payable Type Post Date
JAYNE DIAZ
lnvoice 03/01/2022
lnvoice 03/0L/2O22
LARRY DRIGGERS
tnvoice 03/07/2022
tnvoice 03/07/2022
MARY ANN COLSON
lnvoice 03/0I/2022
lnvoice 03/OI/2O22
SEIU LOCAL 620
lnvoice 02/24/2022
UNITED WAY OF SANTA BARBARA COUNTY
lnvoice 02/24/2022
VANTAGEPOINT TRANSFER AGENTS - 457
lnvoice 02/2412022
lnvoice 02/24/2022
lnvoice 02/24/2022
ADVANTAGE TELECOM
lnvoice 02124/2022
ALICE WISSING
lnvoice 02/24/2022
ALL LANGUAGES INTERPRETING & TRANSLATING INC.
lnvoice 0212412022
AT&T MOBILITY
lnvoice 02/24/2022
BANNER BANK
lnvoice 02/24/2022
lnvoice 02/24/2022
lnvoice 02/24/2022
CANON FINANCIAL SERVICES, INC
lnvoice 02/24/2022
COASTAL VIEW NEWS
lnvoice 02/24/2022
lnvoice 02/24/2022
CORMAC O'BRIEN DBA SOUTH COAST ANALYTICS INC
lnvoice 02/24/2022
COX BUSINESS
lnvoice 02/24/2022
DALE REDFIELD
tnvoice 02/24/2022
lnvoice 02/24/2022
DEWBERRY ENGINEERS INC.
lnvoice 02/2412022
ENCOMPASS CONSULTANT GROUP, INC
lnvoice OZ|24/2O22
EVERYWHERE RIGHT NOW
lnvoice 02/24/2022
FEDEX
lnvoice 02124/2022
FRONTIER COMMUNICATIONS
lnvoice 02/24/2022
GUARDIAN
rNV0Q!339_E
l]{-v!Q-0,3-199
ll!vq0!3,392
rNV0003400
NV0q0J3e5
r NV0003398
Payment Oate Payment Type
Payable Description
03/03/2022 EFr
MEDICAL REIMBURSEMENT
MEDICAL REIMBURSEMENT
03/0312022 EFT
MEDICAL REIMBURSEMENT
MEDICAL REIMBI.JRSEMENT
03/03/2022 EFT
MEDICAL REIMBURSEMENT
MEDICAL REIMBURSEMENT
02/24/2022 Regular
Employee Union Dues Contribution
02/24/2022 Regular
Employee United Way Contribution
02/24/2022 Regular
ICMA Employee Contributions
ICMA Employee Contributions
Deferred Compensation Contribution
02/24/2022 Regular
FEB22 EMERGENCY PHONE LINE SERVICES
02/24/2022 Regular
MTNUTES FOR PLANNTNG COMMtSStON MEETTNG ON 01/18
02/24/2022 Regular
2 SPANISH INTERPRETERS FOR COUNCIL MEETINGS
02/24/2022 Regular
CITY HALL MONTHLY PHONE BILL . JANUARY 2022
02/24/2022 Regular
2ND RETENTION PAYMENT FOR 2021 PAVEMENT REHAB
3RD RETENTION PAYMENT FOR REHAB PROJECT
4TH RETENTION PAYMENT FOR 2021 PAVEMENT REHAB
02/24/2022 Regular
CANON 5760 & CANON 6275 PRINTERS AT C.H. LEASE
02/24/2022 Regular
ABO P ADVERTTST N G 12 / 09 / 2O2r
ABO P ADVE RTrSr N G 02 / r0 / 2022
02/24/2022 Re8ular
RAPTD COVTD TESTTNG L/7 /22
02/24/2022 Regular
FE822-VETS HALL INTERNET SERVICE
02/24/2022 Regular
LIBRARY CONSULTANT SERVICES
LIBRARY CONSULTANT SERVICES
02/2412022 Regular
JAN22 PROJECT SERVICES FOR CARP AVE BRIDGE PROJECT
02/24/2022 Regular
JAN22 ENGINEERING sERV. FOR 2021 CARP PAVE REHAB
02/24/2022 Regular
JAN22 WEBSITE DEVELOPMENT FOR CITY WEBSITE
02/24/2022 Regular
SHTPPTNG CHARGES FOR JD 02/04/2022
02/24/2022 Regular
PHONE & INTERNET SERVICES FOR LG TOWER & BOATHOUSE
02/24/2022 Regular
PaymentAmor Number
3,663.06
3,663.06
3,663.06
245.62 100799
24.00 100800
4,740.t5 100801
73,74 100802
400.00 100803
1,400.00 100804
2L6.62 100805
99,370.87 100806
r,249.52 100807
644.00 100808
r,440.00 100809
135.94 100810
404.2s 100811
5,2t7.63 100812
348.75 100813
1,120.00 100814
87.04 100815
144.57 100816
686
687
688
r NV00033 76
I NV0003377
2809s367
uvsaQlqc
rNV0_!q3j,09
LN.V-q'OA3]ZQ
1NV-0-0Q318J
tNVq0€385
r NV0003386
.]..3-4528
a-?1.L1/.11
_2_8_3,65
?8130_3,890883rq4q1022
57_819
58035
6 LE q2? 00 1 30 1lr_0_2l4 507Q Z
lluv!90-3389
1]!-v0,-0Q3.le_1
DEWBERRY ENGINEERS I
?0_1899q
-0]4,u
30q3
7.651.,20352
FEts22 805 684 7613 442205':
1s,032.98 100817
79967
FE822 PREMIUMS
JAN22 PREMIUMS
t4544
516388885
r NV0003382
1400253969A
FE822 7900 0110 3770 5400
'J,472
2277-O7-O122
I316-2
FEB22 70047468965r
349844821,6
3499329061
3499329068
STAPLES ADVANTAGE
lnvoice
lnvoice
lnvoice
TKM ENGINEERING
lnvoice
lnvoice
BASIC
lnvoice
CANNON
lnvoice
lnvoice 02/2412022
lnvoice O7/3I/2O22
HIGH DESERT PRINT CO.
lnvoice 02/2412022
LIN CONSULTING INC.
lnvoice 02/24/2022
MISSION UNIFORM SERVICE
lnvoice 02/24/2022
PLANNING & DEVELOPMENT.COUNTY OF SANTA BARBARA
lnvoice 02/24/2022
PLAYPOWER LT FARMINGTON, INC.
lnvoice 02/24/2022
QUADIENT FINANCE USA INC
lnvoice 02/24/2022
REDISTRICTING PARTNERS
lnvoice 02/24/2022
RRM DESIGN GROUP
lnvoice 02124/2022
SANTA BARBARA COUNTY, SHERIFF'S DEPT
lnvoice 02/2412022
50 CA EDISON
lnvoice 02/24/2022
FE822 PREMIUMS
JAN22 PREMIUMS
02/24/2022 Rcgulor
GARMENTS FOR CITY OF CARPINTERIA
02/24/2022 Regular
JAN22 DESIGN SERVICES FOR CARP X PAIM AVE INTERSEC
02/24/2022 ReBular
MAT & TOWEL REPLACEMENT, UNIFORM CLEANING
02/24/2022 Regular
IAN22 COUNTY PLANNING CHECKS FOR RINCON MULTIUSE
02124/2022 Regular
PLAYGROUND EQUIPMENT FOR HEATH RANCH PARK
02/24/2022 Regular
POSTAGE FOR CITY HArL 01/28l21
02/24/2022 Regular
REDISTRICTING & MAPPING SERVICES
02/24/2022 Regular
JAN22 DOWNTOWN DESIGN OVERLAY PROGRAM SERVICES
02/24/2022 Regular
JAN22 CONTRACIED LAW ENFORCEMENT SERVICE (CORRECT)
02/2412022 Regular
ELECTRICITY-4683 9TH ST
02/24/2022 Regular
COLOR TONER, LASER BLACK INK
ENVELOPES, BINDERCLIPS, TAPE, TONER
PINK PAPER FOR PARK RENTAL SIGNS
02/24/2022 Regular
JAN22 RESEARCH & REPORTING FOR TRAFFIC SAFETY COM
IAN22 REVIEW OF CARP-PALM TRAFFIC SIGNAL PLANS
02/24/2022 Regular
OCT21 PROJECT SERVICES FOR 2021 PAVEMENT REHAB
NOVz1 PROIECT SERVICES FOR 2021 PAVEMENT REHAB
DEC21 PROJECT SERVICES FOR 2021 PAVEMENT REHAB
02/24/2022 Regular
JAN22 COMMUNICATIONS SERVICES
02/24/2022 Regular
DEC21 CONTRACTED SHREDDING SERVICES
02/2412022 Regular
SHERIFF OFFICE H.VAC REPAIRS
CITY HALL H-VAC REPAIRS
CITY HALL H-VAC REPAIRS
EOC LIBRARY H-VAC REPAIRS
02/24/2022 Regular
DUNE & SHORELTNE PROIECT SERVTCES THROUGH 0r/28/22
LOCAL HAZARD MTTIGAT|ON PLAN THROUGH 0!/2812022
03/03/2022 Regular
REPLACING RUBBER TILE FLOOR
03/03/2022 Regular
JAN22 EMERGENCY OUT OF CONTRACT VET SERVICES
JAN22 DOG LICENSING ISSUANCE
JAN22 CONTRACTED VET SERVICES
03/03/2022 Regular
DtsposAL oF usED otL/MtxED OtLS-0u3r12022
O3/O3/2O22 Regular
FEB22 MONTHLY FsA ADMIN FEE
03/03/2022 Regular
DESTGN SERVTCES FOR RTNCON TRATL THROUGH 01/31/22
O3/O3/2O22 Regular
IAN22 PLAN CHECKS FOR 7OO LINDEN
77Q.4t 100818
8,816.27 100819
86.67 100820
430.10 100821
L04,709.59 L00822
500.00 100823
18,000.00 100824
293.7s 10082s
381,861.00 100826
L5.74 t00827
823.14 100828
647.50 100829
463,319.10 100830
5,550.00 100831
44.81 100832
L,62L.O6 100833
21,533.50 100834
4,354.s2 10083s
1,635.00 100836
95.00 100837
104.50 100838
30,526.83 100839
267.7s 100840
1045
1046
15081
1,51,73
1.5221,
1838r.
18382
18383
18384
1"207
2485371,
02/24/2022
02/24/2022
TORO ENTERPRISES, INC.
lnvoice 02/24/2022
lnvoice 02/24/2022
lnvoice 02124/2022
TWO TRUMPETS COMMUNICATIONS
lnvoice 02/24/2022
VITAT RECORDS CONTROL
I nvoice 02124/2022
WESTAIRE HEATING & CONDITIONING, INC.
lnvoice 02/24/2022
lnvoice 02/2412022
lnvoice 02/24/2022
lnvoice 02/24/2022
WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTION
lnvoice 02124/2022
lnvoice 02/24/2022
ABBEY.S CARPET CITY & FLOORING
lnvoice 03/03/2022
ANIMAL MEDICAL CLINIC
lnvoice 03/03/2022
lnvoice 03103/2022
lnvoice 03/03/2022
ASBURY ENVIRONMENTAL SVCS
lnvoice 03/03/2022
02/24/2022
02/24/2022
02/2412022
03/03/2022
03/03/2022
558583094
558583105
32887
305t62
305360
305364
EqS:S4795412
r N23 10097
4736
BENGAL ENGINEERING
lnvoice
794r9
COASTAL VIEW NEWS
03/03/2022
03/03/2022 Regular 1,188.00 100841
7 649
s80s0
rNV0003402
202200348
831603
I NV0003401
462599
380-0008729
479t
lnvoice 03/0312022
CORMAC O'BRIEN DBA SOUTH COAST ANALYTICS INC
lnvoice O3/O3/2O22
COUNTY OF SANTA BARBARA - PUBLIC WORKS
lnvoice O3lO3l2O22
DIVISION OF THE STATE ARCHITECT
lnvoice O3lO3l2O22
DUDEK
lnvoice O3lO3l2O22
EARTH SYSTEMS
lnvoice O3lO3lZO22
FREDERICK SCOTT LEMERE
lnvoice O3lO3/2022
GEOSYNTEC CONSULTANTS
lnvoice 03/0312022
GHD INC.
lnvoice 03/0312022
GLADWELL GOVERNMENTAL SERVICES, INC
lnvoice 03103/2022
GRAINGER
lnvoice O3/O3/2O22
lnvoice O3/O312O22
HDL SOFTWARE, LLC
lnvoice O3/O3/2O22
HOLLIDAY ROCK CO, INC
lnvoice 03/03/2022
MCCORMIX CORP
lnvoice 03/03/2022
MISSION UNIFORM SERVICE
lnvoice 03103/2022
lnvoice 03103/2022
MOFFATT & NICHOL
lnvoice 03/03/2022
RECREONICS
lnvoice 0310312022
ROY HARTHORN
lnvoice O3/O3/2O22
SANTA BARBARA SAND & TOP SOIL CORP
lnvoice 03/03/2022
50 CA EDISON
lnvoice O3lO3/2022
lnvoice 03103/2022
STAPLES ADVANTAGE
lnvoice 03/0312022
STATEWIDE SAFETY & SIGNS INC
lnvoice 03/03/2022
TRAFFIC TECHNOLOGIES LLC
lnvoice 03103/2022
lnvoice 03/03/2022
SANTA BARBARA SOUTH COAST CHAMBER OF COMMERCE
lnvoice O3/o3/2o22
PUBLIC HEARING NOTICE & DISTRICT MAP DISPLAY
03/03/2022 Regular
RAPrD COVrD TESTTNG 2122/22
03/03/2022 Regular
IUL21.DEC21 GENERAL IWRM PROGRAM OVERSIGHT
03103/2022 Regular
QUARTERLY DISABILITY ACCESS REPORT Q1-Q4 2021
03/03/2022 Regular
IAN22 ENVIRONMENTAL SERVICES FOR RINCON MULTI-USE
O3lO3/2022 Regular
IAN22 INSPECTION SERVICES FOR CARP PAVE REHAB PROI
03/03/2022 Regular
REFUND OF 2021 INCORRECTION MEDICAL CALCULATION
O3lO3/2022 Regular
cARP VrA REAL DESTGN SERVTCES THROUGH 01/31/2022
03/03/2022 Re8ular
JAN22 LOCAL ROAD SAFETY PLAN
03/03/2022 Regular
ZOOM MEETING FOR ELECTION PREP, SCHED, FACT SHEET
O3lO3/2022 Regular
LED BULBS, YELLOW BARRICADE TAPE, ELEC TAPE
GRAFFITI PAINT REMOVER
O3lO3/2022 ReBUlar
NEW ACCOUNTS PROCESSED, TOT MNGMNT, STR FEE
03/03/7022 Regular
CONCRETE FOR SIDEWALK REPAIR
03/03/2022 Regular
FUEL FOR CITY VEHICLES
03/0312022 Regular
MAT & TOWEL REPLACEMENT, UNIFORM CLEANING
MAT & TOWEL REPLACEMENT. UNIFORM CLEANING
03/0312022 Regular
JAN22 PROJECT MANAGEMENT FOR DUNE & SHORELINE PROI
03/03/2022 Regular
75FT COMPETITOR RACING LANE
03/03/2022 Regular
JAN22 PIAN CHECK SERVICES
03/0312022 Regular
SAND AND GRAVEL FOR VIOLA FIELD-BLUFFS
03/03/2022 Regular
ELECTRICITY.6145 CARPINTERIA AVE
ELECTRICITY-s781 CARPINTERIA AVE
03/03/2022 Resular
RUBBERBANDS, STAPLES, DESKPAD
O3/O3/2O22 Regular
JAN22 COVID-19 CHANGEABTE MESSAGE SIGN RENTAL
03/0312022 Regular
TAPE, TRUCK LIGHT LED, TAPE FOR SIGNS
TRAFFIC SIGNS
03/03/2022 Regular
CARPINTERIA COMMUNITY AWARDS BANQUET 2022
1,440.00 100842
297.3L 100843
s69.20 100844
980.00 100845
L4,722.50 100846
1,082.00 t00847
22,558.tr 100848
8,116.00 100849
420.00 100850
782.78 1008s1
2,54L.38 100852
493,66 100853
338.30 1008s4
t73.34 1008ss
1,211.88 100856
1,130.46 100857
40,992.58 100858
L,747.7L 100859
s6.42 100860
118.52 100861
2,400.00 100862
t,o74.r6 100863
91,77407807
9196685235
st N014835
1380153
990180
5t6432272
576474710
39968
39980
oo761245
877711
1484
191820
3s00239333
o30201,72
JAN22 7001,63771874
rAN22 700333892838
3793
2,200.00 100864
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 14, 2022
ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6104, Authorizing the Filing of the Transportation Development Claim for Fiscal Year 2022-23.
STAFF RECOMMENDATION
Adopt Resolution No. 6104, authorizing the filing of the Transportation Development Act Claim for Fiscal Year 2022-23.
Sample Motion: I move to adopt Resolution No. 6104, as read by title only.
BACKGROUND
The California Transportation Development Act (TDA) is a funding source for the development and support of public transportation needs. The TDA provides two major sources of funding- the Local Transportation Fund (L TF) and the State Transit Assistance Fund (STA). The City only claims L TF funding and not STA funding since it doesn't operate a transit system. The L TF Fund is a local fund in which the state deposits sales tax revenue to be used for transportation purposes defined by TDA.
As the state-designated Regional Transportation Planning Agency for Santa Barbara County, the Santa Barbara County Association of Governments (SBCAG) is responsible for administering the distribution of TDA funds to local agencies and for monitoring the subsequent use of those funds to ensure conformity with all TDA requirements. TDA funds are allocated to areas of each county based on population, taxable sales, and transit performance. The TDA provides funding for use by local agencies for a variety of transportation purposes with public transportation as the first priority. Other eligible purposes are regional transportation planning and programming, bicycle and pedestrian projects, and local street and road projects when certain conditions are met.
The purpose of this agenda matter is to adopt Resolution No. 6104, authorizing the filing of the Transportation Development Act Claim for Fiscal Year 2022-23.
Submittal of TDA Claim for FY 2022-23
March 14, 2022
DISCUSSION
Every year, SBCAG divides the estimated amount to be deposited in the TOA fund over the coming fiscal year among each local agency based on population percentages provided by the California Department of Finance. This amount is called the apportionment. The City's allocation is $14,024 for Fiscal Year 2022-23. This is $2,795 or 25% more than the 2021-22 allocation. As of June 30, 2021, the City's audited TOA fund balance is $63,109.
In order to receive the allocation in the upcoming fiscal year, the City must submit a claim to SBCAG describing how the apportionment will be used. These claims must be submitted to SBCAG by April 1, 2022. SBCAG Board approves the amount of funding to be distributed to each local agency and eligible uses of funds based on the claims submitted. SBCAG disburses the L TF each month when revenue comes in from the California Board of Equalization. When enough L TF accumulates, the City uses these funds for bike and pedestrian facilities, and pavement improvements.
Adoption of Resolution No. 6104 would enable the City to meet the April pt deadline for filing the TOA claim.
POLICY CONSISTENCY
This item is in accordance with the regulations of the Transportation Development Act.
FINANCIAL CONSIDERATIONS
This revenue source is annually anticipated through the City's budget preparations.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
There are no legal or risk management concerns presented with this item.
OPTIONS
1. Adopt Resolution No. 6104, authorizing the filing of the Transportation Development Act Claim for Fiscal Year 2022-23.
2. The City Council could choose to not adopt Resolution No. 6104 and direct staff as appropriate; however, to receive the TOA funds for Fiscal Year 2022-23, the City must adopt the Resolution and submit to SBCAG the TOA Claim by April 1, 2022.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
Submittal of TDA Claim for FY 2022-23
March 14, 2022
ATTACHMENTS
Attachment A:
Attachment B:
Resolution No. 6104
TOA Claim Documents
Staff contact:
Brian C. Barrett, City Clerk
(805) 755-4446; [email protected]
Reviewed by:
John L. Ilasin, Public Works Director
(805) 880-3402; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
Submittal of TOA Claim for FY 2022-23
March 14, 2022
ATTACHMENT A
Resolution No. 6104
RESOLUTION NO. 6104
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARPINTERIA
AUTHORIZING THE FILING OF A CLAIM WITH THE
SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS
FOR
ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS
FOR FISCAL YEAR 2022-23
WHEREAS, the Transportation Development Act (TOA), as amended (Public Utilities Code Section 99200 et seq.), provides for the allocation of funds from the Local Transportation Fund, for use by eligible claimants for various transportation purposes; and
WHEREAS, pursuant to the provisions of the TOA, as amended, and pursuant to the applicable rules and regulations thereunder (21) Cal. Code of Regulations Sections 6600 et seq.), a prospective claimant wishing to receive an allocation from the Local Transportation Fund or the State Transit Assistance Fund shall file its claim or amended claim with the Santa Barbara County Association of Governments, the designated Regional Transportation Planning Agency for Santa Barbara County.
NOW, THEREFORE, BE IT RESOLVED as follows:
The City Manager or his designee is authorized to execute and file an appropriate claim and necessary claim amendments pursuant to the terms of the TOA, as amended, and pursuant to applicable rules and regulations promulgated there under, together with all necessary supporting documents, with the Santa Barbara County Association of Governments for an allocation of TOA funds in Fiscal Year 2022-23.
SECTION 1. The authorized claim includes $14,024 for pedestrian and bicycle facilities.
SECTION 2. A copy of this resolution shall be transmitted to the Santa Barbara County Association of Governments in conjunction with the filing of the claim.
PASSED, APPROVED AND ADOPTED on March 14, 2022 by the following called vote:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
Resolution No. 6104
ABSTAIN: COUNCILMEMBER:
Mayor, City of Carpinteria
ATTEST:
Brian C. Barrett, City Clerk
City of Carpinteria
I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on March 14, 2022.
Brian C. Barrett, City Clerk
City of Carpinteria
APPROVED AS TO FORM:
Peter N. Brown, on behalf of
Brownstein Hyatt Farber Schreck, LLP
Acting as City Attorney of the City of Carpinteria
Submittal of TOA Claim for FY 2022-23
March 14, 2022
ATTACHMENT 8
TDA Claim Documents
Submittal of TDA Claim for FY 2022-23
March 14, 2022
THIS PAGE INTENTIONALLY LEFT BLANK
REQUIRED FORMS CHECKLIST
City of Carpinteria
Cities COLT, Guad.,
and SBMTD, CTSAs: Easy Lift
and SMOOTH County SMAT, SYVT
Cities and
County County Document Name
X X X X X Document A: Claim Form
X X X X X Document B: Resolution
X X X Document C: Productivity Improvement
,,-;_, £::.l'~<ri:..· • :,?,,·~- ... "i:-f o, tWi"i.J'; X
'~ ·: ·,.~~ .. -~:·i~ .. ~- ,· .. :. ;,\:;Sf.~c~,.\.·t:,.·A::~~··_.{"i:~ Document D: Fiscal Reporting X X Part A Proposed Operating Budget
X X X Part B Proposed Capital Budget
X X X X X Document E: Project Description & RTP Conformity X X X Document F: Maximum Transit Allocation
.; >· ·, Document G: Fare and Local Support Ratios
X X G.1 Fixed Route
X (not SBMTD) X
X (not SBMTD)
; :.:::,,·_;,~;.·J;:_::~-L.t·~~.f~\L :-: !::'.'>:::1ir:.:,';,¥-2,, ' , •.· ·-.,,, .· ' SBMTD Only X
X
X X X
X X
X X X
X X X
X X X
X X X
X X X
X X X
X X
X
X
COLT & SYVT
Only
X
G.2 Demand Response
G.3 Systemwide (combined)
Document H: Standard Assurances
H.1 Fiscal Audit
H.2 L TF :S 50% of CTSA's operating budget
H.3 State Controller Annual Report**
H.4 State Controller Annual Report**
H.5 Retirement System Funding
H.6 Staffing of Vehicles
H.7 Budqet Increase*
H.8 CHP Certification **
H.9 Fares for Senior and Disabled
H.10 Accessibility to Disabled
H.11 Contract for Transit Services **
H.12 Operations Plan and Budqet **
H.13 Indemnify, Hold Harmless; Insurance**
H.14 5% Demand Response
H.15 Unmet Needs*
*attachments may be required
**attachments required
I hereby certify that I have completed all forms necessary to comply with the requirements of the Transportation
Development Act.
Signature:
Date:
Submitted by:
Name: Licette Maldonado
Title: Administrative Services Director
E-mail [email protected]
Phone: ,(805) 755-4448
1 DOCUMENT A (Instructions on pages 4-3 and 4-4)
TRANSPORTATION DEVELOPMENT ACT CLAIM FORM
(All claimants must complete this document)
Line
1 Project Year (FY) 2022-2023 ---------
2 Claimant_C_it_,_y_o_f_C_a __ rp._i_nt_e_ri_a _
3 Address 5775 Carpinteria Avenue, Carpinteria, CA 93013 4 Contact Person ·Licette Maldonado Title Administrative Services Director 5 Telephone Number (805) 755-4448 ....,__ ___,_ _
6 The above named claimant hereby applies for allocations of Transportation Development Act funds for FY 2022-2023 for the purposes and in the amount(s) specified below:
~LocalTrans ortatlonF~Q
n
•
d li·t·M·~ _________
~~·MilMll11l~1I~ ~am11111-~
Regional Transportation Planning
7 (PUC 99262 & 99402) $
less amount released to SBCAG minus $
8 Pedestrian & Bikeway Facilities (PUC 99234) $ 14,024.00 $ 14,024.00 9 Articles 4 & 8:
less amounts released to:
10 minus
11 minus
minus
minus
minus
minus
plus amounts released from:
13 plus
14 plus
15 plus
16 Article 4 Transit (PUC 99260) $
17 Article 4.5 Community Transit (PUC 99275) $
18 Article 8a Streets & Roads (PUC 99400a)
19 Article 8c Transit Contracts (PUC 99400c)
20 TOTAL LTF $ 14,024.00 $ 14,024.00
21 Amount to be held in reserve (CCR 6648)
By Claimant BySBCAG
DOCUMENT A (Continued)
... s_t_at_e_T_ra_ns_it_As_sl_s_ta_n_c_e .... l..._ _.... 22 Transportation Planning
23 Mass Transportation
24 TOTAL STA $
25 TOTAL TRANSPORTATION DEVELOPMENT ACT CLAIM
(add lines 20 and 24)
$ 14,024.00
Claimant acknowledges that payment by the County Auditor of an allocation made by the Association of Governments is subject to such monies being on hand and available for distribution and to the provision that such moneys be used only in accordance with the terms of the allocation instruction issued by the Association of Governments
26 27
28 By: Licette Maldonado
Title: ,Administrative Services Director
Date: 3/14/2022
I hereby attest to the reasonableness and accuracy of the financial statements included in Documents C, D, F, and G. (Sec. 6632)
29 Signed:
30 31
Name: Licette Maldonado
Title: Administrative Services Director
Reference: CCR Section 6630
DOCUMENT E (Instructions on page 4-9)
PROJECT DESCRIPTION & REGIONAL TRANSPORTATION PLAN CONFORMITY (All claimants must complete this document)
Complete sections for every article under which you are claiming TDA funds.
ARTICLE 3 BIKE/PED CLAIMS [Cities and County)
Describe how you plan to use L TF Article 3 Bike/Ped funds. Include, as applicable, location, type of bike facility, length of project (if bike lane), construction start date, and expected date of opening.
Pedestrian and bikeway maintenance projects.
I
ARTICLE 4 TRANSIT CLAIMS [COLT, Guadalupe, SBMTD, SMAT, and SYVTI Describe how you plan to use L TF Article 4 Transit funds. Include, as applicable, type of project, construction start date, expected date of opening.
ARTICLE 4.5 COMMUNITY TRANSIT SERVICES CLAIMS (Easy Lift and SMOOTH) Describe how you plan to use L TF Article 4. 5 CTSA funds. Include, as applicable, type of project, construction start date, expected date of opening.
ARTICLE 8(c) TRANSIT CLAIMS (County only)
Describe how you plan to use L TF Article 8 Transit funds. Include, as applicable, type of project, construction start date, expected date of opening.
ARTICLE 8(a) STREETS AND ROADS CLAIMS (Cities and County, if applicable) Describe how you plan to use L TF Article 8 Streets/Roads funds. Include, as applicable, type of project, construction start date, expected date of opening.
Reference: CCR Section 6651
DOCUMENT H (Instructions on page 4-15)
STANDARD ASSURANCES FOR APPLICANTS - L TF
(All claimants must complete this document)
CLAIMANT ASSURANCES: Initial Each Section or Indicate NIA. 1) Claimant certifies it has submitted a satisfactory, independent fiscal audit, with required ----
certification statement, to SBCAG and to the State Controller, pursuant to PUC 99245 and 21 CCR 6664, for the prior fiscal year (project year minus two). Claimant also assures this audit requirement will be completed for the current fiscal year (project year minus one).
Date of submittal to State Controller:
Date of submittal to SBCAG:
Applies to SBMTD, Easy Lift, and SMOOTH. SBCAG contracts for and submits fiscal audits for all other TDA claimants.
NIA
_·N_/_A 2) Claimant certifies that, per SBCAG Resolution 90-1, no more than 50% of the CTSA's operating budget for the year came from L TF. Claimant also certifies that its fiscal audit contains verification of this limitation (e.g., "[Easy Lift/SMOOTH] is [not] in compliance with requirement, per SBCAG Resolution 90-1, that no more than 50% of [Easy Lift's/SMOOTH's] operating budget for the year came from Local Transportation Funds.").
Applies to Article 4.5 (CTSAs)
3) Claimant certifies it has submitted an annual report, documenting agency operations, in ----
conformance with the uniform system of accounts and records, to SBCAG and to the State Controller, pursuant to PUC 99243, for the prior year (project year minus two). Claimant assures this report will be audited by an independent CPA. Claimant also assures this report will be completed for the current fiscal year (project year minus one).
Date of submittal to State Controller:
Date of submittal to SBCAG: ---------------------
Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) NIA
l,J1 4) Claimant certifies it has submitted an annual report, regarding expenditure of funds received, to the State Controller, pursuant to 21 CCR 6665, for the prior year (project year minus two).
Claimant assures this report will be audited by an independent CPA. Claimant also assures this report will be completed for the current fiscal year (project year minus one).
Date of submittal to State Controller: 11/3/2021 ----------'------------- App Ii es to Articles 3 (bikelped) and 8 (streets/roads) 5) Claimant certifies that (initial one):
a) the current cost of its retirement system is fully funded with respect to the officers and employees ----
of its public transportation system (PUC 99271(a)); or
_N_/A b) the operator is implementing a plan approved by SBCAG which will fully fund the retirement system for such officers and employees within 40 years (PUC 99271 (a)); or c) the operator has a private pension plan which sets aside and invests, on a current basis, funds ----
sufficient to provide for the payment of future pension benefits and which is fully compliant with the requirements stated in PUC 99272 and 99273.
Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) N/A
NIA
6) Claimant certifies that, pursuant to PUC 99264, it does not routinely staff, with two or more ----
persons, a vehicle for public transportation purposes designed to be operated by one person.
Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) N/A
DOCUMENT H (Continued)
(Instructions on page 4-15)
7) Claimant certifies that the transit operator's operating budget has not increased more than 15% ----
over the preceding year, and does not include a substantial increase or decrease in scope of operations or capital budget provisions for major new fixed facilities. If the budget does include such changes, documentation is attached that identifies and substantiates the reason and need for the changes, pursuant to PUC 99266, CCR 6632(b). E.g., if there is a substantial change between the capital expenditures proposed in this claim and those described in the claimant's Short Range Transit Plan (SRTP) or Transit Development Program (TOP), the claimant must provide a statement that substantiates the need for this change. If the claimant has neither a SRTP nor a TOP, the claimant must provide a statement that describes the need for the proposed capital expenditure.
ATTACHMENTS MAY BE REQUIRED
Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) N/A
8) Claimant certifies that attached is certification from the Department of California Highway ---- Patrol (CHP), completed within the last 13 months, that indicates the operator is in compliance with Section 1808.1 of the Vehicle Code. Section 1808.1 of the Vehicle Code requires, among other things, that operators participate in a pull notice system for obtaining current driver records from the Department of Motor Vehicles.
ATTACHMENTS REQUIRED
Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) ,NIA
9) Claimant certifies it is in compliance with PUC 99155: if it offers reduced fares to seniors, it offers ---- the same reduced rate to disabled persons, handicapped persons, and disabled veterans, and it honors the federal Medicare card for identification to receive reduced fares.
Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) N/A
10) Claimant certifies it is in compliance with PUC 99155.5: dial-a-ride and paratransit services are ----
accessible to handicapped persons and the service is provided to persons without regard to vehicle ownership and place of residence.
Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) N/A
_N_/A 11) Claimants that contract with another entity or entities for transit service certify that a copy of the contract negotiated with that entity is attached, pursuant to CCR 6630.
ATTACHMENTS REQUIRED
Applies to Articles 4 (transit) and 8 (transit)
_N_/A 12) Claimant certifies that, per SBCAG Resolution 90-1, attached to this claim is an operations plan and budget that describes existing and proposed service, and report on progress of coordination and consolidation objectives.
ATTACHMENTS REQUIRED
Applies to Article 4.5 (CTSAs)
13) Claimant certifies that, per SBCAG Resolution 90-1, it has attached an agreement to indemnify ----
and hold harmless SBCAG from any claims, judgments or liabilities against the claimant.
Claimant certifies it has also attached proof of insurance coverage, with limits of general liability to be specified.
ATTACHMENTS REQUIRED
Applies to Article 4.5 (CTSAs)
N/A
14) Claimant certifies that in its TOA claim, not less than 5% of the amount claimed under Article 4 will ---- be expended for demand-response service for the elderly and individuals with disabilities, per SBCAG Resolution 90-1.
Applies to Articles 4 (transit) in service areas without a designated CTSA [COLT, SYVT] NIA
DOCUMENT H (Continued)
(Instructions on page 4-15)
15) If SBCAG has found that there are unmet transit needs that are reasonable to meet within its ---- jurisdiction, the claimant certifies it has attached a summary of the actions it plans to take to meet the needs.
ATTACHMENTS MAY BE REQUIRED
Applies to Article 8 (streets/roads)
NIA
16) Claimant certifies that pusuant to CCR§ 6633 and PUC§ 99268(c) it shall maintain farebox ratios ---- in providing transit services as follows: Urbanized 20%, Non-Urbanized and ADA 10% NIA
The undersigned (must be the individual named in the authorizing resolution) hereby certifies that the above statements are true and correct.
Signature:
Name: Licette Maldonado
Title:
Date:
Administrative Services Director
3114/2022
l
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 14, 2022
ITEM FOR COUNCIL CONSIDERATION
Third Amendment to Service Agreement with Granicus, LLC for Public Meeting Streaming and Online Agenda Management Services.
STAFF RECOMMENDATION
Authorize the City Manager to execute the Third Amendment to the Service Agreement with Granicus, LLC for public meeting streaming and online agenda management services in an amount not-to-exceed $34,810.35 and extend the term through March 31, 2025.
Sample Motion: I move to authorize the City Manager to execute the Third Amendment to the Service Agreement with Granicus, LLC for public meeting streaming and online agenda management services in an amount not-to-exceed $34,810.35 and extend the term through March 31, 2025.
(This motion requires a roll call vote.)
BACKGROUND
At the end of 2012, the City Manager entered into an agreement with Granicus, Inc. (now Granicus, LLC) to provide live and on demand streaming of City Council and other public meetings via the web, to increase government transparency and provide easier access to public information, provide workflow automation tools for City staff to streamline City Council, Planning Commission, and subordinate Boards/Committees, and provide archived streaming for an unlimited amount of meeting bodies and unlimited storage.
Since the initial agreement, the City has approved amendments extending the initial agreement term and updating the annual cost. The City also added additional modules/programs such as eComment, DisclosureDocs, and CampaignDocs. The eComment module allows the public to comment on posted agenda items and was initiated during the COVID-19 pandemic as an additional way for the public to provide public comment. The DisclosureDocs program allows designated officials and Granicus Amendment No. 3
March 14, 2022
Page2
employees to electronically file Statements of Economic Interest and automates the tracking process of those forms and ethics training. The CampaignDocs program allows the City Council and Council candidates to electronically file the required campaign statements, automates the tracking of the campaign statements, and publicly posts the filed and redacted statements to the City's website.
The total amounts of the original agreement and the previous amendments have all been within the City Manager's signing authority of $30,000 or less. The purpose of this agenda matter is for the City Council to consider authorizing the City Manager to execute the attached Third Amendment to the Service Agreement with Granicus, LLC for an additional three-year period through March 31, 2025 for an amount not-to-exceed $34,810.35.
DISCUSSION
The City has been using Granicus agenda/meeting management software for nearly ten years and the software has optimized the public's access to public meeting agendas, materials, and videos, as applicable. The software has also automated and streamlined the process staff takes to post and publish public meeting agendas as well as track Statements of Economic Interest and Campaign Statement filers and ethics training.
The attached agreement includes Granicus Encoding Appliance Software (to stream meeting videos to City website), Government Transparency Suite (allows public access to meetings and their records), three separate agenda templates (for City Council, Planning Commission, and generic boards/committees), Open Platform Suite (to publish meeting content and display video), and eComment (additional method of public comment) for an annual total of $11,603.45, or $34,810.35 for the three-year duration of the amendment. The cost of DisclosureDocs and CampaignDocs are invoiced by Granicus separately as arranged in a previous amendment with Granicus, LLC. This amendment does not include any changes to DisclosureDocs or CampaignDocs.
The current subscription end date is March 31, 2022. Staff recommends the Council authorize execution of the proposed Amendment No. 3 to continue services with Granicus, LLC so there will not be a suspension in service nor the incursion of any additional fees that may arise from a break in service.
POLICY CONSISTENCY
This agenda matter speaks to the essence of the City's Mission Statement in that " ... Government in Carpinteria shall be open, honest and equitable and shall encourage, to the fullest extent possible, public participation in the decision-making process .... " G:\FIDELA\CITY COUNCIL\STAFF REPORT\Staff Report - 3 Year Granicus Agreement 03142022.docx Granicus Amendment No. 3
March 14, 2022
FINANCIAL CONSIDERATIONS
The current fiscal year's adopted budget includes $10,000 for Granicus software subscription/maintenance. Staff will include the additional annual cost of approximately $1,700 to Expense Account No. 217-221-5360 at the mid-year budget.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The continued use of the Granicus agenda management software allows the City to efficiently meet the requirements of the Brown Act.
OPTIONS
1. Authorize the City Manager to execute the Third Amendment to the Service Agreement with Granicus, LLC for public meeting streaming and online agenda management services in an amount not-to-exceed $34,810.35 and extend the term through March 31, 2025.
2. Not authorize the City Manager to execute the Third Amendment to the Service Agreement with Granicus, LLC and direct staff as appropriate. The current subscription end date is March 31, 2022. Should the Council choose this option, there is the potential for a suspension in service and the application of an additional fee.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected to attend the meeting.
ATTACHMENTS
Attachment: Third Amendment to Service Agreement with Granicus, LLC Staff contact: Brian C. Barrett, City Clerk
(805) 755-4446; [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
G:\FIDELA\CITY COUNCIL\STAFF REPORT\Staff Report - 3 Year Granicus Agreement 03142022.docx Granicus Amendment No. 3
March 14, 2022
ATTACHMENT A:
Third Amendment to Service Agreement with Granicus, LLC G:\FIDELA\CITY COUNCIL\STAFF REPORT\Staff Report - 3 Year Granicus Agreement 03142022.docx G G"RANICUS
408 Saint Peter Street, Suite 600
Saint Paul, MN 55102
United States
Amendment
Prepared for
Carpinteria, CA
Third Amendment to the Granicus Service Agreement between Granicus, LLC and Carpinteria, CA
This Third Amendment to the Granicus, LLC Service Agreement is effective on the date this document is signed and entered into by and between Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (hereinafter referred to as "Granicus"), and Carpinteria, CA (hereinafter referred to as "Client"), with reference to the following:
WHEREAS, the Client and Granicus entered into an Agreement effective 04/01/2019 (the "Agreement"); and WHEREAS, the Client and Granicus wish to extend the Agreement through 03/31/2025; and NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows:
1. Compensation shall be amended to include the fees detailed in Exhibit A. Exhibit A is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the Client to provide applicable exemption certificate(s).
2. The Agreement shall be extended through 03/31/2025.
3. Except as amended by this Third Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
4. In the event of any inconsistency between the provisions of this Third Amendment and the documents comprising the Agreement, the provisions of this Third Amendment shall prevail.
IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed by their duly authorized representatives.
Agreement and Acceptance
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.
I Carpinteria, CA I Granicus
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Order#: Q-175213
Prepared: 02/22/2022
G G"RANICUS
408 Saint Peter Street, Suite 600
Saint Paul, MN 55102
United States
THIS IS NOT AN INVOICE Order Form
Prepared for
Carpinteria, CA
Granicus Budgetary Proposal for Carpinteria, CA
Please note: This is not an invoice. This is a budgetary proposal that outlines the products and fees associated with the subscription renewal. Please inform the Granicus Contact listed below if you wish to issue a PO against this budgetary proposal.
ORDER DETAILS
Prepared By:
Phone:
Email:
Order#:
Prepared On:
Expires On:
ORDER TERMS
Currency:
Payment Terms:
Current Subscription
End Date:
Initial Order Term End
Date:
Period of Performance:
Beth Prokop
[email protected]
Q-172080
02/16/2022
03/31/2022
USD
Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)
03/31/2022
03/31/2025
04/0 l /2022 - 03/31/2023
Order #: Q- l 72080
Prepared: 02/16/2022
G GRANIClJS Order Form
Carpinteria, CA
PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.
Granicus Encoding Appliance Software l Each $1,572.95
(GT)
Government Transparency Suite Annual l Each $5,190.75
Template -Agenda or Minutes - HTML Annual 3 Each $1,274.10 Open Platform Suite Mnual l Each $1,848.30
eComment Annual l Each $1,717.35
SUBTOTAL: $11,603.45
Order #: Q-1 72080
Prepared: 02/16/2022
G G"RANICUS Order Form
Carpinteria, CA
FUTURE YEAR PRICING
Period of Performance
Solution(s)
04/01/2023 - 03/31/2024 04/01/2024 - 03/31/2025
Government Transparency Suite $5,190.75 $5,190.75
Template - Agenda or Minutes - HTML $1,274.10 $1,274.10 Open Platform Suite $1,848.30 $1,848.30
eComment $1,717.35 $1,717.35
Granicus Encoding Appliance Software (GT) $1,572.95 $1,572.95 SUBTOTAL: $11,603.45 $11,603.45
Order #: Q- 1 72080
Prepared: 02/16/2022
G GRANIClJS Order Form
Carpinteria, CA
TERMS & CONDITIONS
• The terms and conditions set forth in the Agreement effective 04-01-2019 are incorporated herein by reference. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Carpinteria, CA to provide applicable exemption certificate(s). • Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any purpose other than the specific purpose of performing the services outlined within this Agreement. • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
• Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which the volume has changed from the prior term without regard to the prior term's per-unit pricing.
Order #: Q-1 72080
Prepared: 02/16/2022
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
March 14, 2022
ITEM FOR COUNCIL CONSIDERATION
Resolution Nos. 6109 and 6110, approving and adopting revisions to the resolutions for Conditions of Employment for Management and Miscellaneous Unrepresented Personnel for Fiscal Year 2021-2022.
STAFF RECOMMENDATION
Approve Resolution Nos. 6109 and 6110, amending Resolutions Nos. 6101 and 6102 concerning Conditions of Employment for Management and Miscellaneous Personnel and authorizing the City Manager to implement the changes effective July 1, 2021.
Sample Motion: I move to adopt Resolution Nos. 6109 and 6110, as read by title only.
BACKGROUND
On February 28, 2022, the City Council approved changes to the Conditions of Employment documents and adopted Resolution Nos. 6101 and 6102. The Conditions of Employment are not negotiable contracts and will remain in effect from July 1, 2021 through June 30, 2022. All other provisions of the Conditions of Employment will remain unchanged. The purpose of this matter is to allow for the adoption of resolutions necessary to correct an omission to the prior resolutions.
DISCUSSION
The adopted Resolution Nos. 6101 and 6102, inadvertently left out information relating to which employees were eligible for the one-time payment; however, the information was incorporated in Conditions of Employment for Management and Miscellaneous Unrepresented. The Fiscal Year 2020-21 Conditions of Employment for Management and Miscellaneous Unrepresented personnel remain unchanged and it is only the resolutions that are being updated to reflect the following change:
Conditions of Employment for Management and Miscellaneous Unrepresented Personnel March 14, 2022
• Effective following the approval and adoption of this Agreement, employees 111ill receive a one time non pensionable $1,500 payment. • Effective following the approval and adoption of this Agreement, full-time employees employed prior to July 1, 2021, will receive a one-time nonpensionable $1,500 payment.
POLICY CONSISTENCY
The proposed Conditions of Employment for Management and Miscellaneous Unrepresented Personnel are consistent with the City's interest in offering competitive compensation as part of the Staff Recruitment, Retention and Development Program, as well as its strategic initiative for controlling health insurance and retirement cost.
FINANCIAL CONSIDERATIONS
None
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
None
OPTIONS
1) Adopt and approve the attached Resolution Nos. 6109 and 6110 (staff recommendation).
2) Direct staff to modify Resolution Nos. 6109 and 6110, in which case the matter may need to be continued to a future Council meeting. 3) The City Council could choose not to adopt Resolution Nos. 6109 and 6110 and direct staff as appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
There are no principal parties expected at the meeting.
Conditions of Employment for Management and Miscellaneous Unrepresented Personnel March 14, 2022
ATTACHMENTS
A. Resolution No. 6109 with attached Conditions of Employment for Management Personnel for Fiscal Year 2021-2022.
B. Resolution No. 6110 with attached Conditions of Employment for Miscellaneous Unrepresented Personnel for Fiscal Year 2021-2022.
Staff contact: Laura Hernandez, Human Resources an
(805) 755-4404, [email protected]
Reviewed by: Dave Durflinger, City Manager
(805) 755-4400, [email protected]
1 ATTACHMENT A
RESOLUTION No. 6109
A. RESOLUTION NO. 6109 WITH ATTACHED CONDITIONS OF EMPLOYMENT FOR MANAGEMENT PERSONNEL FOR FISCAL YEAR 2021-2022.
THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA APPROVING AND ADOPTING REVISIONS TO THE
CONDITIONS OF EMPLOYMENT FOR THE MANAGEMENT
PERSONNEL FOR FISCAL YEAR 2021-2022 AND SUPERSEDING
RESOLUTION NO. 6101
WHEREAS, the City of Carpinteria City Council recognizes that the conditions of employment for at-will management-level employees should be addressed separately from classified employees covered under the Memorandum of Understanding between the City of Carpinteria and the Service Employees International Union (SEIU) Local 620; and
WHEREAS, this classification of employees includes Department Directors, and other management, mid-management and supervisory positions, the Carpinteria City Council wishes to update the Conditions of Employment to ensure that the City remains competitive; and
WHEREAS, said Conditions of Employment for Management Personnel has been recommended to the City Council for approval for effective July 1, 2021 and ending June 30, 2022, and
WHEREAS, it is the desire of the City Council to revise the conditions of employment for those employees classified as management employees, as follows;
1. Effective July 1, 2021, a 3.00% increase/adjustment to the salary grade structure for all Management classifications. The 3% increase/adjustment will be applied to certain full-time Management Personnel who are eligible for an increase/adjustment.
2. Classification and Compensation tables reflect changes during the budget process for Fiscal Year 21-22. The tables have also been updated to reflect positions that were eliminated or newly created, i.e., Assistant to the City Manager, City Librarian, Assistant City Manager. Finally, all salary ranges have been updated to reflect the 3% increase/adjustment.
3. Effective following the approval and adoption of this Agreement, full-time employees employed prior to July 1, 2021, will receive a one-time nonpensionable $1 , 500 payment.
4. Effective January 1, 2022, the allowance is $1,284 (rounded up from $1,283.16).
Resolution No. 6109
5. Effective July 1, 2021, approve and adopt changes to the City's Substance Abuse Policy for all employees.
All other provisions of the Conditions of Employment for Management Personnel will remain unchanged and in effect during the term of the agreement NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The revised Conditions of Employment for Management Personnel, attached hereto Exhibit A, effective July 1, 2021, is hereby approved and implementation by the City Manager is authorized, and
SECTION 2. Resolution No. 6109 supersedes Resolution No. 6101.
PASSED, APPROVED AND ADOPTED on March 14
th day of February, 2022, by
the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on the 14
th day of March, 2022.
City Clerk, City of Carpinteria
Resolution No. 6109
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
CITY OF CARPINTERIA
CONDITIONS OF EMPLOYMENT
FOR MANAGEMENT PERSONNEL
EFFECTIVE JULY 1, 2021
TABLE OF CONTENTS
SECTION NUMBER PAGE NUMBER
TABLE OF CONTENTS 1
SECTION 1 Classification 2
SECTION 2 Work Schedule 3
SECTION 3 Compensation and Benefits 5
SECTION 4 Leave Regulations 7
SECTION 5 Legal Holidays 21
SECTION 6 Workers' Compensation Insurance 22
SECTION 7 Retirement Benefits 22
SECTION 8 Health/Dental/Flexible Benefits 23
SECTION 9 Service Awards 26
SECTION 10 Life Insurance 27
SECTION 11 Education/Training and 27
Professional Development
SECTION 12 Miscellaneous Policies 28
SECTION 13 Management Personnel 32
Classification/Compensation Plan
APPENDIX A Telecommunications, Equipment, Mail 33
Voice Mail and other computer system
APPENDIX B Substance Abuse 36
APPENDIC C Harassment, Discrimination and Retaliation 45 APPENDIX D Return to work 52
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
CITY OF CARPINTERIA
CONDITIONS OF EMPLOYMENT FOR MANAGEMENT PERSONNEL
EFFECTIVE JULY 1, 2021
SECTION 1
CLASSIFICATION
Management Employees for purposes of this Agreement, will include those employees in the following classifications: Management, Mid-Management and/or Supervisory and Professional.
Position Salary Grade
MANAGEMENT
Assistant City Manager 19
Community Development Director 19
Public Works Director/City Engineer 19
Administrative Services Director 19
Parks, Recreation and Public Facilities Director 19
MID-MANAGEMENT/SUPERVISORY/PROFESSIONAL
Civil Engineer
Human Resources/Risk Manager
Principal Planner
City Librarian
City Clerk
Senior Financial Analyst
Public Works Supervisor
Chief Building Inspector/Plan Check
Environmental Program Manager
Program Manager
Parks and Facilities Maintenance Supervisor
Aquatics Superintendent
Community Engagement Library Specialist
Code Compliance Supervisor
Assistant to the Public Works Director
16 16
16 16
15 14
12 12
12 12
12 12
12 11
11 Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
1.1 EMPLOYER/EMPLOYEE RELATIONSHIP:
An employee in this classification is classified as a salaried, at-will employee and not hired for any specified term. Accordingly, the employee is free to resign from their position at any time, with or without cause, upon oral or written notice to the City Manager and, similarly, the City may end its employment relationship with the employee or change their status (i.e., modify the position, implement a demotion, adjust wages, etc.) at any time, with or without cause, upon oral or written notice to the employee. None of the provisions of the Conditions of Employment for Management Personnel are intended to modify this employment relationship.
1.2 CLASSIFICATION:
Employees serving in Management, Mid-management, Supervisory and Professional positions are exempt from the City's Personnel Rules. They are "at-will" employees, serving at the pleasure of the City Manager. By the executive, administrative and/or technical nature of their positions, they have been determined to be exempt from the overtime requirements of the Federal Fair Labor Standards Act.
SECTION2
WORK SCHEDULE
2.1 REPORTING:
Management Employees are classified as salaried employees. All employees for the City of Carpinteria are required to report hours worked on a daily time sheet; however, as salary-status employees, tracking of hours for this category of employees is for internal use only and does not affect the salary of exempt employees.
2.2 FLEXTIME SCHEDULING:
While Management Employees are required to work the hours necessary to perform the job duties and responsibilities, employees may have the option to participate in an alternate 9/80 work schedule based on a flexible 9 day/80 hour pay period (eight 9-hour days and one 8-hour day) for general work scheduling purposes. Each employee electing to participate in flextime scheduling must select a Monday or Friday as their designated flex day off, the alternate Monday or Friday will be their 8-hour day. The daily work schedule will begin at 7:30 a.m. and end at 5:30 p.m.
The flexible work schedule and flex day selected is subject to the operational needs and requirements of the department as determined by the City Manager. Management Employees may be required or find it necessary to work additional hours outside their flexible schedule. For scheduling purposes, any change from the established flex day, must be approved in advance by the City Manager.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
The program will be evaluated on an on-going basis regarding personal performance standards, as well as monitoring staffing needs to ensure that the public is being appropriately served.
Continuation of such schedules shall be subject to review and approval of the City Manager.
The City Manager reserves the right to remove any ( or all) employees from flexible work schedules. To the extent possible, two weeks advance written notice will be provided to the employee. An employee shall not be removed from a flexible work schedule for arbitrary or capncious reasons.
2.3 FLEXIBLE HOURS:
Compensatory hours will not be granted for hours worked in excess of regularly scheduled hours for this category of employees, however, Management Employees, although exempt from the overtime requirements of FLSA, may accrue flex hours for hours worked beyond their regularly scheduled work day.
Hours worked in excess of a regularly scheduled work day, i.e., eight 9- hour days and one 8- hour day in a pay period for Management Employees on a 9/80 flex schedule, will be recorded on a computerized time sheet as accrued flex hours. For Management Employees on a 10/80 schedule, hours worked in excess of an 8-hour day will be recorded as "hours accrued". Flex hours accrued do not have a cash-out value, and Management Employees will not receive compensation for unused accrued flex hours at the time of separation from employment.
2.4 ABSENCES:
Management Employees may use accrued flex hours instead of their accrued leave back for absences of less than a full day, if the employee has worked a minimum of two hours and has approval of the City Manager to be absent.
2.5 LEAVE:
Any absence of one day or more, for other than City business, will be appropriately recorded and deducted from the employee's leave bank or accrued flex flextime hours. With prior approval from the City Manager, in addition to a regularly scheduled flex day, a management employee participating in the 9/80 alternate flextime scheduling may take one additional flex day off within a given pay period if there are sufficient accrued flex hours to cover the time.
2.6 CARRY OVER OF FLEXTIME HOURS:
A maximum of forty ( 40) flextime hours may be carried forward from one fiscal year to the next.
Effective the first full pay period in July, adjustments on accrued flex hours will be made.
Anything less than forty ( 40) hours and negative balances will be carried forward as they appear on the last full pay period in June.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
SECTION3
COMPENSATION AND BENEFITS
3.1 PAY STATUS:
A Management Employee is considered to be in pay status and eligible for benefits under any of the following circumstances:
(1) While working regular hours
(2) While on authorized Leave Bank hours
(3) While on authorized Injured on Duty (1OD) status
( 4) While on authorized jury duty
(5) While on flex hours
The City Manager may authorize coverage of benefits on an individual basis for employees on authorized leave without pay for a period of up to four ( 4) months when it is deemed appropriate or is otherwise required by law.
3.2 METHOD OF PAYMENT:
Employees shall be paid on a bi-weekly basis and pay checks will be available on the Thursday afternoon following the close of the regular pay period unless holidays or circumstances beyond the control of the City occur in which case all necessary action will be taken to insure that individual pay checks are available with a minimum of delay.
Employees are encouraged to take advantage of direct deposit of payroll checks. Upon request, payroll checks may be directly deposited to an employee's checking or savings account.
3.3 BASE WAGE ADJUSTMENT:
A. Effective following approval and adoption of this Agreement, employees employed with the City prior to July 1, 2021, will receive a one-time, non-pensionable $1,500 payment.
B. Effective the first full pay period after July 1 the Management Employees listed in Section 1, (Classification), shall have their base wages adjusted pursuant to the results of an annual performance-based employee evaluation.
The review shall include a Performance Rating of one of five categories:
• Unacceptable
• Needs Improvement
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
• Contributor
• Valued Performer
• High Performer
The result of the Performance Rating shall be used by the City Manager to determine the appropriate range of increase to the base wage as illustrated in the Merit Increase Matrix. The exact increase within the range provided for in the Matrix shall be determined by the City Manager.
All wage increases are subject to availability of funds as authorized by City Council. Should fiscal constraints limit full funding of wage increases, all authorized base wage increases shall be reduced by an equal percentage.
MERIT INCREASE MATRIX
Position and Range
Lower Third Middle Third Upper Third 90.1% ofCP to Min to 90% of CP CP CP to Maximum High Performer 11 ½to 12 ½% 10 to 11% 9 ½ or to
Range Max
OJ) Valued Performer 8 ½ to 9 ½% 7 ½ to 8% 6 ½ to 7% or to ~ Range Max .....
ctj
CZ:::
Q)
u Contributor 5 ½ to 6% 4 to 5% 0
~
~
§
t8 I--, Needs Improvement 0 0 0
Q)
0-.
Unacceptable 0 0 0
3.4 DEFERRED COMPENSATION PROGRAM:
The ICMA Deferred Compensation Program will be available to Management Employees with participation on a voluntary basis.
3.5 STATE DISABILITY INSURANCE:
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
The City participates in the State Disability Insurance Program to provide coverage for nonindustrial injuries. As a benefit, the City reimburses Management Employees in this classification for payroll deductions made on base salary for State Disability Insurance.
3.6 SHORT-TERM/LONG TERM DISABILITY PROGRAM:
In addition to coverage under the State Disability Insurance Program, the City provides eligible full-time employees with additional short-term disability coverage to integrate with SDI for a weekly benefit of 60% of covered earnings and a long-term disability program to provide a monthly benefit of 66 2/3% of covered earnings. This program will be at the expense of the City.
3.7 FICA MEDICARE TAX:
All employees hired after April 1986 are subject to FICA Medicare taxes in accordance with Federal regulations. The City will reimburse the Management Employees for payroll deductions made on base salary for FICA Medicare Tax.
3.8 SPECIAL PAY:
Pursuant to Section 3.6 and 3.8, reimbursement equal to the payroll deduction for the employee's annual cost for SDI and/or FICA Medicare tax will be pro-rated over the twenty-six (26) payroll periods and paid to the employee on the regular bi-weekly payroll check as "Special Pay".
3.9 OUTSTANDING OBLIGATIONS UPON TERMINATION:
If any Management Employee has any outstanding obligations due to the City, such as advance use of any benefits or lost or damaged equipment, at the time of termination, the employee will be requested to reimburse the City for any such advanced amount.
3.10 CAL PERS RETIREMENT:
The City provides retirement benefits through the California Public Retirement System pursuant to Section 7.
3.11 HEALTH, DENTAL AND WELLNESS PROGRAM:
The City provides health, dental and wellness benefits pursuant to Section 8.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
SECTJON4
LEAVE REGULATIONS
4.1 ANNUAL LEA VE:
Annual leave for full-time Management Employees is inclusive of all leave benefits (vacation, sick, floating holidays, paid administrative leave and approved paid personal leave), and can be used for vacations, personal time off, sick leave purposes and other time away from work consistent with the terms of this section. The use of annual leave for 'Sick Leave Purposes" means 1) time off to diagnose, care, or treat an existing health condition, or for preventative care for the employee or for the employee's child, spouse, domestic partner, parent, parent of employee's spouse or domestic partner, grandparent, grandchild, or sibling; and 2) time off for employees who are victims of domestic violence, sexual assault, or stalking may also use annual leave to seek medical attention, obtain services from a shelter or crisis center, obtain counseling, or go to court.
Employees covered by this Conditions of Employment who have served less than thirty (30) days within a year of the commencement of employment in the service of the City are not eligible for annual leave. However, leave credits for the time will accrue for each such regular full-time employee.
4.2. LEA VE TIME (Leave Bank):
In place of separate leave accrual for vacation, sick leave, paid administrative leave and floating holidays, each employee will accrue leave in a Leave Bank that will be inclusive of all such leave benefits (vacation, sick, floating holidays, paid administrative leave and approved paid personal leave).
4.3 LEA VE ACCRUAL:
For employees employed with the City as of July 1, 2015, at the beginning of each fiscal year eligible employees will receive a leave bank equal to his/her annual leave entitlement.
Employees annual leave entitlement for his/her first year of employment shall be based on the number of full months that employee will work for the City prior to the July 1 following their date of hire. For example, if an eligible employee's first day of employment is December 15, her/his annual leave entitlement for their year of employment will be 50% of 144 hours, which equals 72 hours. However, the amount of the leave bank entitled for the first year of employment will not be less than twenty-four (24) hours or three (3) days, whichever is greater.
The first year amount of annual leave will be credited to the employee's leave bank after the employee completes thirty (30) days of employment in the service of the City. The amount of Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
annual leave credited to the employee's leave bank for their first year of employment will not be subject to the maximum leave bank accumulation as provided in section 4.8.
Effective the July 1 following the employee's date of hire, and every July 1 thereafter, employees will receive a leave bank equal to his/her annual leave entitlement.
In the event one or more municipal holidays fall within an authorized leave with pay, such holidays shall not be charged as leave, and the leave shall be extended accordingly.
Accrued leave time can be taken off prior to the date of retirement and used to delay final date of employment if it is requested in writing and approved at least thirty (30) days prior to the scheduled date that such leave would begin.
4.4 LEA VE BANK SCHEDULE
(Days on leave bank schedule are figured as eight (8) hour days)
MANAGEMENT EMPLOYEES SERVING AS DEPARTMENT HEADS
(Accrual includes 48 hours of administrative leave)
Years of service Total Accrual
0 through three 192 hours (24 days)
Four through six 208 hours (26 days)
Seven through ten 232 hours (29 days)
Eleven 240 hours (30 days)
Twelve 248 hours (31 days)
Thirteen through fifteen 256 hours (32 days)
Sixteen through eighteen 272 hours (34 days)
Nineteen or more 280 hours (35 days)
Thirty year service award 304 hours (38 days)
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
MANAGEMENT, MID-MANAGEMENT, SUPERVISORY AND
PROFESSIONAL EMPLOYEES
(Accrual includes 40 hours of administrative leave)
Years of Service Total Accrual
0 through three 184 hours
Four through six 200 hours
Seven through ten 224 hours
Eleven 232 hours
Twelve 240 hours
Thirteen through fifteen 248 hours
Sixteen through eighteen 264 hours
Nineteen or more 272 hours
Thirty year service award 296 hours
4.5 LEA VE ELIGIBILITY:
(23 days)
(25 days)
(28 days)
(29 days)
(30 days)
(31 days)
(33 days)
(34 days)
(37 days)
Employees are eligible to use annual leave benefits beginning on their ninetieth (90 th
) day of
employment.
4.6 NOTIFICATION FOR USE OF LEAVE BANK:
Except for annual leave used for Sick Leave Purposes, in cases of emergency or when the need to use leave time is not otherwise reasonably foreseeable, notification for use of leave bank hours will be as follows:
Employees are required to make written requests through the appropriate supervisory channels for the use of accrued leave time. The written request shall be submitted at least two (2) full working days in advance for leave requests of up to four ( 4) working days; for leave requests of five (5) working days or more, the written request shall be submitted at least ten (10) working days, but not earlier than ninety (90) calendar days, prior to the beginning date of the requested leave. No use of accrued leave time or related absence is authorized until the employee's written request is approved in writing.
Leave periods shall be scheduled by management to provide adequate staffing. Such scheduling shall be subject to the needs of the City but shall take into account employee seniority and personal preference. The City will make every effort to give maximum possible advance notice to the Management Employee in the event scheduled leave must be cancelled or modified due to the needs of the service.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
Where use of accrued leave time is requested for Sick Leave Purposes, in cases of emergency or when the need to use leave time is not otherwise reasonably foreseeable, notification for use of leave bank hours will be as follows:
Where the need to use annual leave for Sick Leave Purposes is foreseeable, employees must provide reasonable advance notice, orally or in writing, to their supervisor or Human Resources.
If the request for the use of five (5) or more days of leave time is related to planned medical treatment, when possible the employee should make the request for use of leave time at least ten (10) working days in advance. When the need to use annual leave for Sick Leave Purposes is not foreseeable, is being used in cases of emergency or when the need to use leave time is not otherwise reasonably foreseeable, employees are required to notify their supervisor or Human Resources, orally or in writing, as soon as practicable.
4.7 UNAUTHORIZED LEAVE
An employee's absence shall be unauthorized if the employee does not report his or her absence to his or her supervisor or Human Resources as required under section 4.6.
4.8 LEAVE BANK ACCUMULATION
A maximum of one hundred and twenty hours ( 15 days) of leave accrual will be the maximum allowed for carry-over at the end of a fiscal year, provided however, if at the end of year there are any leave bank hours over 120, the hours will be carried over and a commensurate number of hours shall be deducted from the employee's annual accrual in order that the maximum leave bank accrual not exceed an employee's annual accrual plus 120 hours.
4.9 LEA VE BANK CASH-OUT/OPTIONS
1. Each employee may cash-out up to eighty (80) hours of any unused leave hours accrued at the beginning of the fiscal year, provided the employee retains an accrued leave balance of at least forty ( 40) hours in their leave bank. Compensation for such cash-out of unused accrued leave hours will be based on the employee's existing salary at the time the request is made.
2. Further, each employee may direct that all or any portion of the allowed cash-out amount be used to buy benefits offered under the Flexible Benefit Program.
4.10 TREATMENT OF ACCRUED LEAVE UPON TERMINATION
At the time of termination of employment, employees shall be paid the cash value of all unused accrued leave hours based on the employee's then existing salary rate; or, in the alternative, the employee may exercise the option to invest the cash value of such unused accrued leave hours in the Employee Flexible benefit Program.
Conditions of Employment for
Management Personnel
July I, 202 I to June 30, 2022
If a retiring employee terminates employment during the year and is legally entitled to a distribution of unused leave, the employee may submit, in writing, his or her request for the agency to "hold" payment of his or her accumulated leave until the following year. Such request must be submitted in writing in advance of the date of retirement and requires written approval by the City Manager before any disbursement can be made.
4.11 TREATMENT OF ACCRUED LEAVE UPON RETIREMENT:
Unused leave time can be taken off prior to retirement date and used to delay the final date of employment if requested in writing and approved at least 30 days prior to the scheduled date that such leave would begin.
If a retiring employee terminates employment during the year and is legally entitled to a distribution of unused leave, the employee may submit, in writing, a request for the agency to "hold" payment of pro-rated accumulated leave until the following year. Such request must be submitted in writing prior to date of retirement and requires written approval by the City Manager before any disbursement can be made.
4.12 CATASTROPHIC EVENT:
In the event an employee in this group suffers a catastrophic event, e.g. serious illness, and there is not a sufficient leave balance to cover the employee's absence from the workplace, upon written request to the City Manager, an advancement of up to thirty (30) days of leave may be granted, with the understanding that it will be reimbursed to the City on a day-for-day basis from future allocated leave or reimbursed to the City as outlined under Section 3.9 Outstanding Obligations Upon Termination.
4.13 UNPAID LEAVE:
Leave of Absence Without Pay
The City Manager may grant a regular or probationary employee leave of absence without pay or accrual of employment benefits, such as paid time off or seniority, for reasons other than pregnancy, disability or family care leave, for a period not to exceed ninety (90) days. No employee shall be authorized leave without pay if said employee has accrued leave or accrued flex time hours on the books of the City. After ninety (90) days, the leave of absence may be extended if authorized by the City Council.
No such leave shall be granted except upon written request of the employee, setting forth the reason for the request, and the approval will be in writing. Upon return to duty following expiration of a regularly approved leave, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of the employee on leave to report promptly at its expiration shall be cause for discharge. The depositing in the United States mail of a first class letter postage paid, addressed to the employee's last known place of address shall be reasonable notice.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
Department heads may grant a regular, or probationary employee leave of absence without pay for not to exceed one (1) calendar week. Such leaves shall be reported to the Human Resources/Risk Manager.
No leave shall accrue to any employee during any full biweekly pay period in which the employee is on an authorized leave without pay in excess of five (5) days. Employee on leave without pay may also be responsible for full payment ( employer and employee portion) of insurance premiums for insurance coverage during such leave. Benefits shall be continued at City expense during the first thirty (30) days of such leave.
Statutory Family and Medical Leave
1. Eligibility
The City provides eligible employees the opportunity to take unpaid leaves of absence for specific reasons in accordance with California's Moore-Brown-Roberti Family Rights Act (CFRA) and the federal Family and Medical Leave Act of 1993 (FMLA). To be eligible for FMLA/CFRA Leave, an employee must (1) have worked for the City for at least twelve months prior to the date on which the leave is to commence; and (2) have worked at least 1,250 hours in the twelve months preceding the leave.
2. FMLA Leave
a. Permissible Uses
"Family care leave" may be requested under the FMLA for (1) the birth or adoption of an employee's child, (2) the placement of a foster child with the employee; or (3) the serious health condition of an employee's child, spouse, or parent. "Medical leave" may be requested under the FMLA for an employee's own serious health condition. A "serious health condition" is one that requires either in-patient care in a medical facility or continuing treatment or supervision by a health care provider.
"Qualifying exigency leave" may be requested under the FMLA for qualifying exigencies arising out of the fact that an employee's spouse, son, daughter, or parent is on active duty ( or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation. "Qualifying exigencies" include certain absences related to short-notice deployment, military events and related activities, childcare and school activities, financial and legal arrangements, counseling, rest and recuperation, postdeployment activities, and additional activities. Employees may contact the Human Resources/Risk Manager or her or his designee for more information about what qualifies as a "qualifying exigency."
Conditions of Employment for
Management Personnel
July 1, 2021 to June 30, 2022
"Military caregiver leave" may be requested under the FMLA to care for a "covered service member" if the employee is a spouse, child, parent, or next of kin of the "covered service member." A "covered service member" is:
• a member of the Armed Forces, including the National Guard and Reserves, who, because of a serious injury or illness incurred in the line of duty while on active duty that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating, is: (1) undergoing medical treatment, recuperation, or therapy; (2) in outpatient status; or (3) on the temporary disability retired list; or
a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five (5) years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
b. Amount of FMLA Leave Available
Provided all the conditions of this policy are met, an employee may take a maximum of twelve (12) weeks total of family care leave, medical leave, and qualifying exigency leave under the FMLA in a 12-month period. This 12-month period is measured backwards from the date the employee's family care leave, medical leave, or qualifying exigency leave under the FMLA commences.
Spouses who are both employed by the City may take a maximum combined total of twelve weeks of family care leave under the FMLA in a 12-month period for the birth, adoption, or foster care of their child.
Provided all of the conditions of this policy are met, an employee may take up to 26 weeks total of a combination of all leaves under the FMLA during a 12-month period (up to 12 weeks of which may be for FMLA leave other than military caregiver leave). The 12-month period used to measure this entitlement will commence upon the first use of military caregiver leave under the FMLA for a covered service member's particular injury.
3. CFRA Leave
"Family care leave" may be requested under the CFRA for (1) the birth or adoption of an employee's child, (2) the placement of a foster child with the employee; or (3) the serious health condition of an employee's child, spouse, domestic partner as defined in California Family Code Section 297, or parent. "Medical leave" may be requested for an employee's own serious health condition. A "serious health condition" is one that requires either in-patient care in a medical facility or continuing treatment or supervision by a health care provider.
Provided all of the conditions of this policy are met, an employee may take up to twelve (12) weeks of leave under the CFRA during a 12-month period. This 12-month period is measured Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
backwards from the date the employee's family care leave or medical leave under the CFRA commences. Spouses who are both employed by the City may take a maximum combined total of twelve weeks of family care leave under the CFRA in a 12-month period for the birth, adoption, or foster care of their child.
Family care leave and medical leave under the CFRA typically run concurrently with family care leave and/or medical leave under the FMLA.
4. Intermittent Leave
FMLA/CFRA Leave taken for the birth, adoption, or foster care placement of a child generally must be taken in blocks of at least two (2) weeks' duration; however, the City will provide employees with family care leave for birth, adoption, or foster care placement for periods of less than two (2) weeks duration on any two (2) occasions. FMLA/CFRA Leave taken for the birth, adoption, or foster care placement of a child must be concluded within one ( 1) year of the birth, adoption, or placement.
Qualifying exigency leave under the FMLA may be taken on an intermittent or reduced schedule as required by the qualifying exigency.
FMLA/CFRA Leave for any other reason may be taken intermittently or on a reduced schedule where medically necessary. If FMLA/CFRA Leave is authorized to be taken intermittently or on a reduced schedule, the City retains the discretion to transfer the employee temporarily to an alternative position with equivalent pay and benefits which better accommodates the employee's leave schedule.
5. Substitution of Paid Leave
Employees are required to substitute accrued paid time off, including accrued flex time hours, for all FMLA/CFRA Leaves, except that employees can retain a five (5) day balance of accrued paid time off.
If the employee is recervmg payments from State Disability Insurance ("SDI") while on FMLA/CFRA leave, the accrued paid leave time will only be used in an amount which supplements the SDI payment such that the employee receives the full amount of his or her regular compensation as an active employee.
The substitution of paid leave time for FMLA/CFRA Leave does not extend the total duration of FMLA/CFRA Leave to which an employee is entitled. For example, if an employee has accrued two (2) weeks of unused paid vacation time at the time of the request for medical leave under the FMLA/CFRA, that paid vacation time will be substituted for the first two (2) weeks of FMLA/CFRA Leave, leaving up to ten (10) additional weeks of unpaid FMLA/CFRA Leave.
Conditions of Employment for
Management Personnel
July 1, 2021 to June 30, 2022
6. Leave's Effect on Pay
Except to the extent that other paid leave time 1s substituted for FMLA/CFRA Leave, FMLA/CFRA Leave is unpaid.
7. Leave's Effect on Benefits
During an employee's FMLA/CFRA Leave, the City shall continue to pay for the employee's participation in the City's group health insurance to the same extent and under the same terms and conditions as would apply had the employee not taken leave. Employees are required to continue to make any payments they normally make towards healthcare coverage premiums while on leave. In the event an employee on leave fails to make timely payment for their portion of healthcare coverage premiums, the City will notify the employee of such failure and, if payment is not made, terminate the coverage.
If the employee fails to return from the leave for a reason other than the recurrence or continuation of the health condition that brought about the leave or other circumstances beyond the employee's control, the City is entitled to recover any health premiums paid by the City on the employee's behalf during any unpaid period of the leave.
Employees on FMLA/CFRA Leave accrue employment benefits, such as paid time off or seniority, only when paid time off is being substituted for unpaid leave and only if the employee would otherwise be entitled to such accrual. If the employee is using accrued paid time off to supplement SDI payments as discussed above, he or she will accrue employment benefits on a pro rata basis.
8. Procedure for Requesting Family Care and Medical Leave Notice Requirements
Employees should notify the Human Resources/Risk Manager of their request for FMLA/CFRA Leave as soon as they are aware of the need for such leave. For foreseeable events, if possible, the employee shall provide thirty (30) calendar days' advance written notice to the Human Resources/Risk Manager of the need for FMLA/CFRA Leave. For events that are unforeseeable thirty (30) days in advance, but are not emergencies, the employee must notify the Human Resources/Risk Manager, in writing, as soon as he/she learns of the need for the leave, ordinarily no later than one (1) to two (2) working days after the employee learns of the need for the leave.
If the leave is requested in connection with a planned, non-emergency medical treatment, the employee may be requested to reschedule the treatment so as to minimize disruption of the City's business.
If an employee fails to provide the requisite 30-day advance notice for foreseeable events without any reasonable excuse for the delay, the City reserves the right to deny the taking of the leave.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
All requests for FMLA/CFRA Leave should include anticipated date(s) and duration of the leave.
Any requests for extensions of an FMLA/CFRA Leave must be received at least five (5) working days before the date on which the employee was originally scheduled to return to work and must include the revised anticipated date(s) and duration of the family care or medical leave.
Certification
Any request for FMLA/CFRA Leave must be supported by proper certification of the need for leave. For foreseeable leaves, employees must provide the required certification before the leave begins. When this is not possible, employees must provide the required certification within fifteen (15) calendar days after the City's request for certification, unless it is not practicable under the circumstances to do so, despite the employee's good faith efforts. Failure to provide the required certification may result in the denial of foreseeable leaves until such certification is provided. In the case of unforeseeable leaves, failure to provide the required certification within fifteen days of being requested to do so may result in a denial of the employee's continued leave.
Any request for an extension of the leave also must be supported by an updated certification.
Certification of family care leave under the FMLA/CFRA shall include (1) the date on which the serious health condition commenced; (2) the probable duration of the condition; (3) the health care provider's estimate of the amount of time needed for family care; and (4) the health care provider's assurance that the health care condition requires family care leave.
Certification of medical leave under the FMLA/CFRA shall include (1) the date on which the serious health condition commenced; (2) the probable duration of the condition; (3) a statement that, due to the serious health condition, the employee is unable to perform the functions of his or her position; and ( 4) in the case of intermittent leave or revised schedule leave where medically necessary, the probably duration of such a schedule. In addition, the certificate may, at the employee's option, identify the nature of the serious health condition involved. If the City has reason to doubt the validity of the certification provided by the employee, the City may require the employee to obtain a second opinion from a doctor of the City's choosing at the City's expense. If the employee's health care provider and the doctor providing the second opinion do not agree, the City may require a third opinion, also at the City's expense, performed by a mutually agreeable doctor who will make a final determination. Before permitting the employee to return to work, the City may also require the employee to provide medical certification that he or she is able to return to work.
Certification of a military caregiver leave under the FMLA shall be either (1) an appropriate medical certification from an authorized health care provider or (2) a copy of an Invitation Travel Order or Authorization issued by the Department of Defense.
The nature and format of the certification of a qualifying exigency leave under the FMLA will vary depending on the nature of the qualifying exigency, and will typically include a copy of the active duty orders for the employee's spouse, son, daughter, or parent.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
9. Leave's Effect on Reinstatement
Employees returning from FMLA/CFRA leave are entitled to reinstatement to the same or comparable position consistent with applicable law, provided that the total period of the FMLA/CFRA Leave does not exceed the employee's maximum leave entitlement as described above.
Employees who take medical leave under the FMLA/CFRA for their own serious health condition must provide medical certifications verifying that they are able to return to work in the same manner as employees who return to work from other types of medical leave.
Pregnancy Disability Leave (POL)
Under the California Fair Employment and Housing Act (FEHA), if an employee is disabled by pregnancy, childbirth or related medical conditions, she is eligible to take a pregnancy disability leave (PDL). If an employee is affected by pregnancy or a related medical condition, she is also eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if this transfer is medically advisable.
• The PDL is for any period(s) of actual disability caused by pregnancy, childbirth or related medical conditions up to four (4) months (or eighty-eight (88) work days for a full-time employee) per pregnancy.
• The PDL does not need to be taken in one continuous period of time but can be taken on an as-needed basis.
• Time off needed for prenatal care, severe morning sickness, doctor ordered bed rest, childbirth, and recovery from childbirth would all be covered by the PDL. • Except as other specifically provided in this section, generally, the City is required to treat pregnancy disability the same as the City treats other disabilities of similarly situated employees. The leave will be unpaid.
Employees on PDL will be required to obtain a written certification from their health care provider of the pregnancy disability or the medical advisability for a transfer. The certification should include:
1. The date on which the employee becomes disabled due to pregnancy or the date of the medical advisability for the transfer;
2. the probable duration of the period(s) of disability or the period (s) for the advisability of the transfer, and
3. a statement that, due to the disability, the employee is unable to work at all or to perform any one or more of the essential functions of the position without undue Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
risk to herself, the successful completion of the pregnancy or to other persons or a statement that, due to your pregnancy, the transfer is medically advisable.
At the employee's option, any accrued paid time off may be used as part of the pregnancy disability leave before taking the remainder of the leave as an unpaid leave. However, taking paid time off during the period of the pregnancy disability leave does not extend the maximum time allowed for such leave. Employees may also be eligible for state disability insurance for the unpaid portion of the leave.
Employees on PDL accrue employment benefits, such as paid time off or seniority, only when paid time off is being substituted for unpaid leave and only if the employee would otherwise be entitled to such accrual. If the employee is using accrued paid time off to supplement SDI payments she will accrue employment benefits on a pro rata basis.
An employee who is on a leave of absence for a period in excess of two (2) months must notify the Human Resources/Risk Manager by the end of each month thereafter both of the status of the disability and the employee's continued intent to work once the employee recovers from the disability. An employee returning from an absence shall be required to provide a physician's certification that indicates that she is fit to return to work.
An employee who returns to work at the end of a leave of absence due to pregnancy, childbirth or related medical condition will be returned to her former position, if possible, or will be offered the first available opening in a comparable position for which she is qualified.
An employee who returns from a leave of absence due to pregnancy will be credited with all service prior to the commencement of her disability.
An employee who fails to report for work at the end of an approved leave will be deemed to have voluntarily resigned.
During an employee's approved PDL, the City shall continue to pay for the employee's participation in the City's group health insurance to the same extent and under the same terms and conditions as would apply had the employee not taken leave, for up to four months.
Employees are required to continue to make any payments they normally make towards healthcare coverage premiums while on leave. In the event an employee on leave fails to make timely payment for their portion of healthcare coverage premiums, the City will notify the employee of such failure and, if payment is not made, terminate the coverage. The City is entitled to recover any health premiums paid by the City on the employee's behalf during any unpaid period of the leave if the employee fails to return from the PDL for a reason other than one of the following: (1) the employee takes FMLA/CFRA Leave; (2) the continuation, recurrence or onset of a serious health condition or serious injury or illness within the meaning of FMLA/CFRA; or (3) other circumstances beyond the employee's control as provided by law.
Employees on PDL accrue employment benefits, such as paid time off or seniority, only when paid leave is being substituted for unpaid leave and only if the employee would otherwise be Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
entitled to such accrual. If the employee is using accrued paid time off to supplement SDI payments as discussed above, he or she will accrue employment benefits on a pro rata basis.
Paid Family Leave
Employees who are covered by the state's SDI program will be eligible for reimbursement for up to six (6) weeks during a twelve (12) month period of qualifying unpaid leave, for the purposes of bonding with a newborn child (up to one (1) year from birth or adoption), or to care for a family member or domestic partner.
An employee who is eligible for SDI benefits may only become eligible for PFL benefits after SDI benefits are no longer being paid. SDI benefits are payable when an employee is disabled for a non-work related reason, which may include pregnancy; PFL benefits are for baby bonding and for providing care to a family member.
Once an employee is no longer disabled, and (in the case of pregnancy) has given birth, her SDI benefits may cease and she may apply for baby bonding benefits under PFL.
Once an employee applies for PFL, there is a seven (7) day unpaid waiting period before the employee may start receiving benefits. However, an employee who previously served a waiting period before receiving SDI benefits will not have to serve another waiting period before receiving PFL benefits. Employees may use their accrued paid time off during the seven (7) day waiting period.
Paid Family Leave is administered by the State of California and may be modified by the State from time to time.
4.14 DEATH OR CRITICAL ILLNESS IN IMMEDIATE FAMILY BEREAVEMENT LEAVE
An employee eligible for benefits, upon the necessity of his absence being shown to and with the consent of the City Manager, may be allowed to be absent from the duties of his/her position and to receive full compensation during such absence for bereavement leave. Eligible City employees shall be entitled to bereavement leave, in addition to any other leave, to provide up to three (3) working days per year with pay in the case of death or of critical illness where death appears eminent. This time shall be in addition to accrued leave time or accrued flex time accrued. The City shall cooperate with the employee in providing time off, using accrued leave time, or accrued flex time hours, for any additional bereavement needs if the three (3) days bereavement leave has been used.
Such benefit shall apply to all immediate family members, to include spouse, child, brother, sister, parent (including step family and in-laws), grandparents and grandchildren when the relationship of the person to the employee warrants such use of bereavement leave. Where such death or critical illness has occurred, the employee shall furnish satisfactory evidence of such death or critical illness to his/her department head.
Conditions of Employment for
Management Personnel
July 1, 2021 to June 30, 2022
Such leave of absence shall not be allowed in any case where, in the preceding six (6) calendar months, a leave of absence for the critical illness of that same relative has been granted. Such bereavement leave is not cumulative from year to year.
Leave to attend the funeral of a co-worker will be acceptable to the City upon Department Head approval consistent with maintenance of operations. Such leave is considered leave with pay and not charged to any other leave.
4.15. CONFLICT OF LAWS
In the event of any conflict between the provisions of this Conditions of Employment and Federal or State laws, such Federal or State laws shall prevail.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
SECTIONS
5.1 LEGAL HOLIDAYS
A. The City has established the following schedule of days that shall be observed as legal holidays by all Management Employees, at which time the City's administrative offices will be closed. The City observes twelve holidays. Three floating holidays are included in the leave bank.
January 1st
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
1st Monday in September
November 11th
4th Thursday in November
4th Friday in November
December 25th
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Day
B. Additionally, the following days shall be observed as legal holiday: The day before or after Christmas Day and day before or after January l51.
C. When a holiday falls on a Saturday or Sunday, the preceding Friday or the following Monday respectively shall be observed as the legal holiday. If the: holiday falls on an employee's flex day, the flex day may be rescheduled within the same work week.
Rescheduled flex days off that are rescheduled because a holiday falls on that day are subject to prior approval by the Department Head and appropriate notification to the Administrative Services Department.
D. Observance of a legal holiday on a Friday or Monday, at which time the City's Administrative offices will be closed, will not create overtime or the loss of time from an employee's leave bank if the holiday falls on a regularly scheduled flex day. The hours for any given holiday will relate to the number of hours of the employee's regular scheduled work day for that particular day.
Nothing in this Conditions of Employment shall preclude the City from declaring a holiday when a legal holiday has been declared by the President of the United States or the Governor of the State of California or the City Council.
Conditions of Employment for
Management Personnel
July 1, 2021 to June 30, 2022
SECTION6
WORKERS' COMPENSATION INSURANCE
The City will provide workers' compensation benefits when an employee is injured on duty arising out of and in the course of employment. Workers' Compensation coverage is currently through the California Joint Powers Insurance Authority.
For a period not to exceed six months, commencing with the first day following such injury, while a full-time City employee is totally disabled from industrial injury and on accepted workers' compensation status, employee shall be compensated in an amount equal to such employee's base wages at the time of such disability, less the aggregate of (a) any workers' compensation benefits, and (b) any other disability payments made to such employee. Such payment shall be limited to said six month period or until such employee is retired on permanent disability or terminated from the City's employment, whichever comes first.
An employee shall be entitled to benefits at the normal rate if the employee is on accepted workers' compensation status and in a pay status for up to six months as defined above.
The workers' compensation carrier of the City reserves the right to subrogate if a claim is filed by an employee against a third party.
SECTION7
RETIREMENT PROGRAM
A. The City shall continue to participate in the California Public Employees Retirement System (CalPERS). Under CalPERS, the City provides the 2%@55 Miscellaneous Plan formula for all employees who are "classic members" as defined by the Public Employees' Pension Reform Act of 2013 (PEPRA). Classic employees are currently defined as those who were enrolled in CalPERS as of December 31, 2012. For all "new members" as defined by PEPRA, the City provides the 2%@62 formula. New members are currently defined as employees not previously enrolled in CalPERS as of January 1, 2013 (and not meeting certain exceptions provided under PEPRA). Employees of the City who are hired on or after January 1, 2013 who classified as new members under PEPRA are subject to the other CalPERS terms and conditions set forth in PEPRA.
B. Effective the first pay period after the City Council approve the Resolution No. 5761, changing the payment and reporting value of Employer Paid Member Contributions (EPMC), City employees who are classic members shall share in the cost of CalPERS coverage through payroll deduction as follows:
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
"Classic" employees will contribute a portion of the required employer normal contribution as follows:
• Employees shall pay three and one-half percent (3.5%) of "compensation earnable" toward Employer Paid Member Contribution (EPMC) and four and one-half percent ( 4.5%) toward member contribution, making it a total of eight percent (8%) employee retirement cost share. This 8% contribution by employees to the employer contribution will be considered to be a contribution towards the normal cost as defined under PEPRA.
C. In addition, the City's will continue contributing 3.50% of the "employees' compensation earnable" toward Employer Paid Member Contribution (EPMC).
D. Employees who are hired after January 1, 2013 and are new members under PEPRA, shall pay the full member contribution amount which is currently 6.5% of "compensation earnable." However, new members will not contribute toward any portion of the required employer contribution.
E. The City shall continue to report the value of the EPMC on all reportable compensation subject to CalPERS for all employees in Management as adopted by Resolution 5761.
8.1 A.
SECTIONS
HEALTH/DENTAL BENEFITS
FLEXIBLE BENEFIT PROGRAM
LIFE, HEAL TH AND DENT AL BENEFITS
The parties agree that the City will maintain a life insurance program providing a $100,000.00 term life insurance policy for the management, mid-management employee only, the beneficiary to be designated by said employee. The cost of the premium for this policy to be paid in full by the City. Employees retiring with 20 years or more of continuous service with the City and enrolled in the City's group life insurance program at the time of retirement, may continue to be covered in the City's group life insurance program at City expense for a life benefit of $10,000. Extended coverage will not include AD&D benefits.
B.
■
The City will maintain the current health insurance program with the Public Employees Retirement System (PERS) Medical and Hospital Care Act pursuant to Government Code Section 22850. The health insurance program shall be available to all regular full-time employees and retirees as follows:
Each eligible employee or retiree may select a health insurance carrier providing coverage in the Carpinteria geographic area, as defined and provided by PERS and currently in effect and on file in the City Human Resources Office.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
• Beginning the first pay period after January 1, 2018, employees will pay by payroll deduction a monthly contribution to their health insurance premium (employee and dependents) in an amount equal to .00029% of their annual base salary times the percentage of insurance carrier increase or decrease with a minimum of five percent (5%) or maximum thirty percent (30%). The 5% minimum increase shall apply every year, i.e., over the 3-year term of the contract the minimum increase is 15%. The maximum increase shall be 30% at any time during the term of the contract, i.e. cumulative total shall be capped at 30%. (For example, if an employee's annual base salary is $50,000, and the insurance carrier increase is 5%, the calculation would be: $50,000 x .00029 x 1.05, the monthly contribution for that employee would be $15.22.) In the event the Blue Shield Access+ HMO plan is no longer available to City employees, the most similar HMO plan will be substituted for purposes of this provision.
• For employees who elect the PPO Plan, the cost share will be the same as the HMO plan formula, plus the difference between the HMO and PPO insurance premiums.
In addition, a Health Care All Employee Committee will be created to evaluate options for the provision of health insurance. The City will schedule these Committee meetings as appropriate in 2018 and, if needed, 2019. However, the City will not initiate any changes to the currently existing health insurance plans during the term of this Conditions of Employment without the agreement of the Management Staff. • Health insurance coverage for newly hired employees will commence on the first day of the month following one full month of employment. If hired prior to the 15 th day of the
month, the month of hire will count as a full month of employment and coverage will be effective the first day of the following month. If hired after the 15 th day of the month the
month of hire will not count as a full month and the following month will be the first full month of employment.
• For covered employees who terminate during the fiscal year, such health insurance coverage shall end on the last day of the month following when said termination becomes effective, except that the provisions of COBRA may be applied at the employee's option.
Covered employees who retire from the City under PERS may, at their option, continue such coverage without interruption pursuant to the provisions of the PERS Health Program.
C. The City will provide 100% of the premium charged to maintain a Dental Insurance Plan for each Management Employee, and where appropriate, for dependent coverage. The City will retain control over the administration of the dental insurance program subject to maintenance of equivalent benefits to the extent it is within the control of the City.
COBRA benefits may be applied at the employee's option. Dental coverage will commence on the first day of the month following one full month of employment.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
8.2 FLEXIBLE BENEFIT PROGRAM (WELLNESS) ALLOWANCE:
A. In addition to the Health Insurance Program, active regular employees with three or more months of active service with the City shall be credited with a Flexible Benefit Program Allowance in the amount of $1,162 for each calendar year. The City will increase the $1,162 allowance by 2% annually beginning January 1, 2018 during the term of this Agreement. Effective January 1, 2022, the allowance is $1,284 (rounded up from $1,283.16).
B. The purpose of the Flexible Benefit Program is to provide reimbursement to the covered employee for eligible medical and health-related costs not otherwise covered by health insurance or subject to reimbursement from any other source. Payment of medical costs, not covered by insurance, must be prescribed by a physician or determined by the Internal Revenue Service (IRS) to be an eligible health-related expense.
C. In addition to reimbursement for eligible medical and health related costs and/or dependent care, the employee will have the option to purchase benefits offered through the Flexible Benefit Program up to the total Flexible Benefit Program allowance.
Employees may cash out up to $810 of the Flexible Benefit Program allowance, subject to applicable payroll taxes.
D. Reimbursement for bona fide health-related expenses, which may be eligible expenses under the Flexible Benefit Program may be subject to payroll taxes unless related to a particular medical condition and so prescribed by a medical doctor.
E. The City will revisit the annual Wellness Allowance taking inflation into consideration.
8.3 OUTSIDE COVERAGE OPTION:
(1) The employee is not required to select or participate in any health/dental insurance program provided by the City, but such employee must provide satisfactory documentation that he/she is covered by an alternative health/dental insurance program.
(2) Those employees with proof of health and/or dental insurance coverage who choose not to participate in the City's group health insurance and/or dental insurance program due to the availability of other coverage through a spouse's employer, the military, or other source, will receive, in addition to the Flexible Benefit Program allowance, a benefit allowance equal to fifty percent (50%) of the premium charged for the annual single coverage in the PERS basic HMO Plan available to this group of employees. An employee shall receive this benefit allowance as a one-time cash payment, with such payment subject to payroll taxes.
Conditions of Employment for
Management Personnel
July 1, 2021 to June 30, 2022
(3) Those eligible employees who participate in the city's group health insurance program and have an eligible spouse or family dependents, but select single coverage and choose to cover any dependents under insurance offered through a spouse's employer, the military, or other source will receive, in addition to the employer contribution, the fully paid premium contribution balance for single health insurance coverage and the wellness benefit allowance as provided for in Section 8.3, plus an additional benefit equal to 50% of the allowance specified in the above section, 8.3 (2).
8.4 FITNESS PROGRAM:
The City agrees to reimburse employees at the rate of thirty-one dollars and twenty cents ($31.20) per month for the employee's membership fee at an athletics club or fitness program approved by the City Manager. Only full-time employees are eligible to receive this benefit.
This benefit will be made available to each management employee and councilmember subject to budgetary constraints and fiscal allocation. The level of participation in this benefit will be at the option of each employee.
SECTION9
SERVICE AWARDS
The City of Carpinteria has established appropriate service awards to recognize continuous service with the City at levels of five, ten, fifteen, twenty, twenty-five and thirty years. In addition, in recognition of long-time service of twenty-five and thirty years eligible employees are entitled to the following recompense:
Twenty Five Year Service Recognition
Upon completion of twenty-five years of continuous service, eligible employees will be entitled to two personal days of leave per fiscal year. The hours will not have a cash value nor will they accumulate to be carried over to the next fiscal year. The use of the days as time off shall be subject to the regular request process.
Thirty Year Service Recognition
Upon completion of thirty years of continuous service, eligible employees will receive a commemorative recognition gift and be entitled to have three additional days added to their existing leave bank hours.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
SECTION 10
LIFE INSURANCE
10.1 LIFE INSURANCE:
The City will maintain a group term life insurance policy for employee only, the beneficiary to be designated by the employee. The cost of the premium for this policy to be paid in full by the City. The coverage of such life insurance for this classification of employee will be $100,000 subject to conditions of the providing life insurance company.
Employees retiring with 20 years or more on continuous service with the City and enrolled in the City's group life insurance at the time of retirement, may continue to be covered at City expense for a life benefit of $10,000. Extended coverage will not include AD&D benefits.
SECTION 11
EDUCATION/TRAINING AND PROFESSIONAL DEVELOPMENT
11.1 TRAINING PROGRAMS:
The City recognizes the importance of training programs and advancement of employees to higher skills and encourages employees to participate in programs to improve his/her performance on the job. The City agrees that all direct costs of all training or instruction required by the City shall be paid for by the City.
Charges for tuition, books and supplies for educational courses, not required by the City but directly related to the Management Employee's position with the City, and having prior written approval of the Department Director and City Manager will be reimbursed upon presentation of satisfactory completion of such training.
It is the policy of the City to provide paid membership in approved professional associations for Management Employees as budgeted and subject to approval by the City Manager. This policy also includes publications associated with membership and other educational materials.
The City encourages Management Employees to attend professional conferences subject to budgetary restraints and fiscal allocation.
Conditions of Employment for
Management Personnel
July 1, 2021 to June 30, 2022
SECTION 12
MISCELLANEOUS POLICIES
12.1 PHYSICAL EXAMINATION:
The City encourages all employees to have an annual physical examination as provided for · under our health insurance benefits.
12.2 DRESS AND DECORUM:
All employees shall observe professional standards of dress, and decorum considered suitable for general public contact based on current social standards as interpreted by the City Manager.
12.3 EMPLOYEE RESPONSIBILITIES:
Each employee shall comply with all safety laws, rules and regulations and adopted polices of the City in performing the duties required of his/her position; and shall not willfully violate any of the provisions of the ordinances and resolutions which have been adopted and/or prescribed by the Carpinteria City Council or City Manager.
12.4 DEATH BENEFIT:
The City shall pay a death benefit in the amount of Two Thousand Five Hundred Dollars ($2,500) directly to the spouse or legal heirs of any Management Employee within seventy two hours of the death of any Management Employee as the result of any industrial injury or illness as defined by Cal OSHA Publication #120-A, sustained by such employee while on duty within the course and scope of his/her employment with the City of Carpinteria.
12.5 TRANSLATION PAY:
(1 ). Management Employees are encouraged to voluntarily develop bilingual skills in instances where the public contact nature of their jobs would make such skills valuable.
(2). Any Management Employee hired prior to August 15, 1998 who, on a regular basis, is required to translate/interpret from Spanish to English or English to Spanish and is proficient in Spanish as determined by the City Manager shall be paid Translation Pay.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
12.6 MOVE-UP PAY OR TEMPORARY ASSIGNMENT
When in the best interests of the City, the City Manager may approve a Move Up or Temporary Assignment of a probationary or regular employee to a higher level classification than that for which he/she is currently assigned and being compensated, in accordance with the following:
1) Eligibility Requirements
a) The City Manager has the sole discretion to determine if a Move Up or Temporary Assignment is needed and has the sole authority to deny or approve assignment, without any right to grievance or appeal.
b) The employee appointed to work in a Move Up or Temporary Assessment must be capable of handling the major duties of the higher level classification without any more supervision than an employee who regularly works in the higher classification. c) To be eligible for Move Up or Temporary Assignment, the employee must be required to work more than five (5) working days in succession in the higher classification.
d) Should an employee be hired to fill a higher classification position during a period of Move Up or Temporary Assignment, the employee's time worked in a higher classification shall not count toward the completion of probationary requirements for the higher classification, unless expressly established as a condition of hiring 2) Amount of Move Up or Temporary Assignment Pay
a) An employee shall receive compensation equal to ten percent (10%) above the employee's regular base salary, for work performed within the scope and responsibilities of the higher classification and will continue to receive the additional pay for the duration of assignment. Base salary is defined as the base salary paid to the employee without additions for overtime, medical insurance, longevity, expense or other benefits.
b) In no event shall the employee receive an amount greater than the base salary for the maximum step for the higher classification.
c) An employee shall not receive any other benefit assigned to the higher classification that they are not already receiving.
d) While working in an out-of-class assignment, an employee shall continue to accrue, and have recorded, normal step increases in the employee's regular position. 3) Move Up or Temporary Assignment Pay Does Not Apply to the Following:
a) The mere performance of certain portions of the higher position or assisting with certain duties of the position is filled.
Conditions of Employment for
Management Personnel
July 1, 2021 to June 30, 2022
b) Where the temporary assignment is a replacement of an employee on vacation. c) When the City has activated the Emergency Operations Center (EOC). When the EOC is activated, all public employees are declared to be disaster service workers subject to such disaster service activities as may be assigned to them by their superiors or by law. During a time of emergency, employees may work modified job duties and/or may be asked to take on tasks outside of their normal responsibilities to work in support of emergency operations and such activities and/or duties are not eligible for Move Up or Temporary Assignment Pay.
12.7 PARTICIPATION IN CITY-SPONSORED RECREATION PROGRAMS:
The City agrees to provide special employee rates to currently employed, regular full-time employees and their immediate family members who wish to participate in City-sponsored Parks and Recreation Department Programs. All fees are payable in advance of participation in the program. Requests for employee rates for City-sponsored programs should be in writing and approved by the Parks and Recreation Director and scheduled with the appropriate recreation program supervisor.
(1) Eligible employees will receive a fifty percent (50%) discount on tuition and registration only for City-sponsored recreation programs. Individual enrollees will be responsible for any ala carte activities scheduled in the programs, e.g. field and/or camping trips, movies, special meals, etc. A discount on recreation rental equipment is dependent upon availability.
(2) The annual fee for Community Pool Family Membership will be discounted Seventy-five percent (75%) The fee will include participation in the Masters' Program, Lap Swimming, Recreational Swimming and Water Aerobics.
12.8 CITY PROPERTY:
Desks, file cabinets, lockers, computers, tools and other equipment are property of the City and must be maintained in good condition in accordance with the City's policies, rules and regulations. They must be kept clean and are to be used only for work-related purposes. If the City property is lost, or damaged, report it to your supervisor at once. No property may be removed from the premises without the prior authorization of your supervisor.
In order to ensure compliance with this provision and with the City's policies, rules and regulations, the City reserves the right to inspect all City property, without notice to the employee and/or in the employee's absence.
For security reasons, personal belongings of value should not be left in the workplace. The City is not responsible for lost or stolen personal belongings. 7 Conditions of Employment fo r
M anagement Personnel
July I, 2021 to June 30, 2022
Employees should take reasonable steps to protect City property from theft. Employees should immediately inform management if theft of City property is suspected. However, employees should not attempt to stop the theft of City property if doing so poses any risk whatsoever of endangering the safety of the employee or others.
Immediately upon termination of employment, all property of the City (keys, tools, manuals, etc.) must be returned to the City. All personal items should be removed at the time terminated employees leave the premises of the City. Unless otherwise agreed to in writing, if a terminated employee leaves personal items at the workplace, these items are subject to disposal if not removed within five (5) days of the date of the employee's termination.
12.9 CELL USE PHONE POLICY:
The City may provide certain employees with cellular phones that are to be used only for official City business. The City recognizes that employees may need to use their personal cell phone during working hours due to particular family or personal situations. Employees should limit the use of personal cell phones during working hours, to reasonably necessary communications, and use of a personal cell phone should not interfere with City operations or the performance of job duties. If an employee abuses the use of personal cell phone during working hours, at the City Manager, at his discretion, may require that the employee not use personal cell phones during working hours.
In compliance with California Motor Vehicle Code 23123, employees are not to dial any cell phone while driving, except to call a public safety agency. Employees may not receive incoming calls while driving unless the cell phone can be safely operated in a hands free mode. For employees with hands free cell phone operation, in the event an employee receives an incoming call while driving, the employee should either safely pull off the road to converse, inform the caller that he or she will return the call, or ask the caller to call again to allow the employee to reach a place where it is safe to use the phone. While driving, employees are prohibited from using any cell phone to text message, read or send e-mail, or any similar operations. While driving, employees are also prohibited from engaging in any activity or conduct that would constitute distracted driving or otherwise constitute an unsafe driving practice.
12.10 FITNESS FOR DUTY EXAMINATION:
Whenever the City Manager, or the Human Resources/Risk Manager, believes that an employee is unable to perform the essential functions of their job safely due to illness or injury, or is unable to perform the essential functions of their job safely or without posing a danger to themselves or others, the City may require the employee to submit to an independent medical examination at the City's expense. Such medical examination will be limited to the issues or areas of concern regarding the employee's ability to perform the essential functions of their job. If, after the independent medical examination, the City determines that the employee cannot perform the essential functions of their job, or cannot perform such essential functions safely or without Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
posing a danger to himself/herself or others, the employee will be given the opportunity to provide the results of a separate medical evaluation by a qualified health care provider selected by the employee, within fifteen (15) days of the employee's receipt of a medical evaluation from the City. In the event of a difference of opinion between the City's and the employee's health care providers, the City may require a third opinion, at the City's expense, performed by a mutually agreeable health care provider who will make a final determination.
12.11 REASONABLE ACCOMMODATION POLICY
The City of Carpinteria is committed to ensuring equal employment opportunities for disabled applicants and employees. It is the policy of the City of Carpinteria to comply with the Federal Americans with Disabilities Act ("ADA") and the California Fair Employment and Housing Act ("PEHA"). Every reasonable effort will be made to provide an accessible work environment for such employees and applicants. The City of Carpinteria will not discriminate against disabled employees. The City of Carpinteria provides reasonable employment-related reasonable accommodation(s) to permit an applicant or employee to perform the essential functions of the job, as defined by law, to qualified individuals with disabilities, and will engage in the interactive process within the meaning of the ADA and PEHA.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
SECTION 13
MANAGEMENT PERSONNEL CLASSIFICATION AND COMPENSATION
Effective July 1, 2021
Position Department Grade Minimum Control Maximum
Point
Assistant City Manager General Government Ml9 $110,877.53 $138,596.30 $152,455.69 Community Development Director Community Development Ml9 $110,877.53 $138,596.30 $152,455.69 Administrative Services Director Finance Ml9 $110,877.53 $138,596.30 $152,455.69 Parks, Recreation & Public Parks, Recreation & Public Ml9 $110,877.53 $138,596.30 $152,455.69 Facilities Director Facilities
Public Works Director Public Works Ml9 $110,877.53 $138,596.30 $152,455.69 Principal Planner Community Development Ml6 $81,367.00 $101,81 1.18 $ I 11,992.30 Human Resources/Risk Manager Human Resources Ml6 $81,367.00 $101,811.18 $111,992.30 City Librarian Parks, Recreation & Public Ml6 $81,367.00 $101,811.18 $111,992.30 Facilities
Civil Engineer Public Works Ml6 $81,367.00 $101,811.18 $111,992.30 City Clerk General Government MIS $78,166.19 $97,680.72 $ I 07,448.78 Senior Financial Analyst Finance Ml4 $73,721.30 $92,151.63 $101,366.17 Chief Building Inspector/Plan Community Development Ml2 $63,801.19 $79,753.50 $87,728.47 Check
Program Manager General Government Ml2 $63,801.19 $79,753.50 $87,728.47 Aquatics Superintendent Parks, Recreation & Public Ml2 $63,801.19 $79,753.50 $87,728.47 Facilities
Community Engagement Library Parks, Recreation & Public Ml2 $63,801.19 $79,753.50 $87,728.47 Specialist Facilities
Parks & Facilities Maintenance Parks, Recreation & Public Ml2 $63,801.19 $79,753.50 $87,728.47 Supervisor Facilities
Environmental Program Manager Public Works Ml2 $63,801.19 $79,753.50 $87,728.47 Public Works Supervisor Public Works M12 $63,801.19 $79,753.50 $87,728.47 Code Compliance Supervisor Community Development Ml I $59,904.80 $74,881.01 $82,368.54 Executive Assistant/Deputy Clerk General Government Ml 1 $59,904.80 $74,881.01 $82,368.54 (Confidential)
Assistant to Public Works Director Public Works Mil $59,904.80 $74,881.01 $82,368.54 Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
APPENDIX A
City of Carpinteria
Policy on Public Employee Personal Use of
Telecommunication Equipment, Electronic Mail, Voice-Mail and other computer systems
PURPOSE
City-owned telecommunication equipment, computer hardware and software is intended to be used for business purposes. Electronic mail, known commonly as e-mail, is now a primary vehicle for communication in the workplace. As the use of e-mail increases, the need for a clear and comprehensive City's policy on personal use of City equipment becomes important to clarify the rights and obligations of employees and as a protection from potential liability for employers.
POLICY
The City maintains and utilizes as part of its operations a computer system, including e-mail, and a voice-mail system. These systems are provided to assist employees in the conduct of the City's business. All computers to the data stored on them, including e-mail, messages composed as well as all voice-mail are and remain at all times the property of the City. All remain the property of the City. Employees are prohibited from installing or downloading software onto the City's computer system except with the prior authorization of the Administrative Services Director.
Employees should attempt to limit voice-mail and e-mail messages to the conduct of the City's business. Use of the voice-mail and e-mail systems for the conduct of personal business is discouraged. The City reserves the right to prohibit the use of voice-mail and e-mail for the conduct of personal business when deemed appropriate. Other use of computer systems, including use of the Internet and other telecommunicating capabilities, should be limited to the conduct of the City's business unless prior written approval is received from the employee's supervisor.
Except for the right of the City to access data stored on the computer system, including e-mail messages, and to access voice-mail messages as described in this policy, all data stored on the computer system and all messages sent by voice-mail and e-mail are considered to be confidential, and as such are to be accessed only by the employee storing the data, the addressed recipient or at the direction of the addressed recipient. Any exception to this policy must be approved by the Administrative Services Director.
The City reserves the right to retrieve and read any data stored on the computer system and any message composed, created, sent or received on the voice-mail and e-mail systems, as well as Internet usage data, at any time, with or without advance notice to the employee. Although the computer system, including e-mail, and the voice-mail system may accommodate the use of passwords for security, the reliability of passwords for maintaining confidentiality cannot be Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
guaranteed. All passwords must be made known to the City, and passwords not known to the City may not be used. This is due to the need to access employees' computer systems, including e-mail, and voice-mail systems in the event that an employee is absent or when otherwise deemed appropriate by the City. Employees must therefore assume that any and all voice-mail and e-mail messages and all data stored on the computer system may be read by someone other than the employee storing the data or the intended or designated recipient, and understand the ultimate privacy of data stored on the computer system, including e-mail, and voice-mail messages, cannot be guaranteed to anyone.
The City's policy against unlawful harassment, including sexual harassment, and the City's antidiscrimination policy apply to employees' use of voice-mail, e-mail messages and screen savers as well as any other information transmitted over the City's computer system. Employees should not use any means of electronic communications in a manner that would violate those policies.
For example, employees may not communicate messages by computer, voice-mail or other electronic means that would constitute sexual harassment, may not use sexually suggestive screen savers, and may not receive or transmit pornographic, obscene or sexually offensive material or information. As a further example, employees may not use electronic communications to transmit comments or images which are reasonably likely to offend someone on account of his/her age, sex, sexual orientation, race, religious beliefs, national origin, disability, or any of the other factors included in the Equal Employment Opportunity section of this Handbook. Any employee who uses any electronic communications device in a manner which violates this policy will be subject to disciplinary action, up to and including termination of employment.
DIGITAL DEVICES
Employees may not use any personal e-mail account or any digital or electronic device not owned by the City, including but not limited to any laptop computer, desktop computer, tablet computer, cellular telephone, personal digital assistant, or any other device capable of storing electronic information ("Digital Device") for City business without the City's prior written approval. Digital devices used by employees for City business may be subject to inspection to obtain City-related communications if requested under the Public Records Act.
APPLICATION
This policy applies to all employees with the City of Carpinteria.
The City reserves the right to prohibit the use of voice-mail and e-mail for the conduct of personal business when deemed appropriate.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
EMPLOYEE RESPONSIBILITY
• Employees will be required to acknowledge that they have read, understand and will abide by the agency's technology policy. Violation of the policy may result in discipline, up to and including dismissal.
• To the extent that, under some circumstance, an employee is allowed to use e-mail for personal purposes the employee does so at his or her own risk. Employees should be aware that deletion of a message or file may not fully eliminate the message from the system.
♦ Employees learning of any misuse of the voice-mail, e-mail or other computer system or violations of this policy shall immediately notify the City Manager or his/her designee.
MANAGEMENT RESPONSIBILITIES AND GUIDELINES
Management and supervisors are responsible for reasonable enforcement of this policy. Any email information or messages revealed or disclosed under this policy are considered to be of a confidential nature.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
APPENDIXB
SUBSTANCE ABUSE POLICY
This policy sets forth the rights and obligations of City employees. Employees should familiarize themselves with the provisions of this policy because compliance with this policy is a condition of employment.
I. PURPOSE
The City of Carpinteria, in its efforts to provide a drug and alcohol free environment, has adopted this Drug and Alcohol Free Workplace Policy. It is the purpose of this policy to eliminate alcohol and drug abuse by City Employees and its effects in the workplace.
The presence of drugs and alcohol on the job and the influence of these substances on employees during working hours jeopardizes the safety of employees, the public, and the efficiency of City operations. It is the intent of the City, in adopting this policy, to meet the requirement of the Drug Free Workplace Act of 1988 ( 41 U.S.C. Section 701-707).
II. POLICY
In recognitions of the duties entrusted to the employees of the City of Carpinteria and with knowledge that drugs and alcohol hinder a person's ability to perform job related duties safely and effectively, the City of Carpinteria adopts the following policy:
1. The use, possession, manufacture, dispensation or distribution of drugs and alcohol is prohibited:
a. in the workplace;
b. while on City time;
c. in City vehicles or facilities except as defined m City's facilities use policies;
d. prior to coming to work, so that the employee's performance is impaired.
2. The City is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as disabled, under federal law.
3. The City has established a voluntary Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems (as well as for a variety of other personal problems). Employees may seek confidential assistance from the EAP counselor.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
III. APPLICATION
1. This policy applies to all full time, part time and temporary employees, and to all applicants for positions with the City. This policy applies to alcohol and all substances, drugs or medications, legal or illegal, which impairs an employee's ability to effectively and safely perform his/her job duties.
2. A copy of this policy will be provided to all City employees.
3. A drug-free awareness program will be established to inform employees of the dangers and penalties of drug use in the workplace and of available counseling, rehabilitation and employee assistance programs.
4. Violations of the policy may result in disciplinary action being taken, up to and including termination.
IV. DEFINITIONS
For the purposes of this policy:
A. "Illegal drugs" means any drug or controlled substance that is not legally obtainable or is legally obtainable but has not been legally obtained. Consistent with federal law, marijuana is considered an illegal drug, and consistent with the Federal Drug-Free Workplace Act of 1988 and the California Drug-Free Workplace Act, the restrictions related to illegal drugs under this Policy also apply to marijuana.
A. EMPLOYEE QUESTIONS
Employees shall refer any questions regarding rights and obligations under this policy to Human Resources.
B. PROHIBITIONS
The following conduct is prohibited and may result in discipline, up to and including termination:
1. The use, possession, manufacture, dispensation or distribution of drugs and alcohol is prohibited:
a. in the workplace;
b. while on City time;
c. in City vehicles or facilities except as defined m City's facilities use policies;
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
d. prior to coming to work, so that the employee's performance is impaired.
2. Reporting for duty or remaining on duty while having an alcohol blood concentration level of 0.08 or greater.
3. Being on duty or operating a vehicle on duty while possessing alcohol.
4. Using alcohol while on duty.
5. Reporting for duty or remaining on duty when the employee used any controlled substances, except of the use is pursuant to the written instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to perform their job.
6. Reporting for duty or remaining on duty if the employee tests positive for controlled substances.
7. Refusing to submit to any alcohol or controlled substances test required by this Policy. A covered employee who refuses to submit to a required drug/alcohol test will be treated in the same manner as an employee who tested 0.08 or greater on an alcohol test or tested positively on a controlled substances test. A refusal to submit to an alcohol or controlled substances test required by this Policy includes, but is not limited to:
a. A refusal to provide a urine sample for a drug test; b. An inability to provide a urine sample without a valid medical explanation;
c. A refusal to complete and sign the breath alcohol testing form, or otherwise to cooperate with the testing process in a way that prevents the completion of the test;
d. An inability to provide breath or to provide an adequate amount of breath without a valid medical explanation;
e. Tampering with or attempting to adulterate the urine specimen or collection procedure;
f. Not reporting to the collection site in the time allotted by the supervisor or manager who directs the employee to be tested (the time allotted shall be reasonable. In most cases the City will provide transportation to and from the collection site.);
g. Leaving the scene of an accident without a valid reason as to why authorization from a supervisor or manager who shall determine whether to send the employee for post-accident controlled substances and/or alcohol test was not obtained.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
C. USE OF LEGAL DRUGS
The City recognizes that it may be necessary for employees to use legal drugs from timeto-time. The City also recognizes that an employee who is using legal drugs might become impaired by the drug such that the employee's ability to perform or to perform safely would be compromised. Employee who knows or should know that their use of legal drugs might endanger their own safety or the safety of some other person, or pose a risk of significant damage to City property or the property of others, are obligated to report such use of legal drugs to Human Resources or the City Manager and obtain Human Resources' or the City Manager's consent to continue working. The City reserves the right to have a designated physician determine whether it is advisable for the employee to continue working while taking such drugs. The City further reserves the right to have the employee's physician certify that when returning from a leave of absence, the employee will not be using any legal drugs which might impair the employee's ability to perform the employee's job duties for the City.
If appropriate, the City may restrict the work activities of an employee who is using legal drugs or require that the employee take a leave of absence while taking such drugs. If the City permits an employee to work while using legal drugs, the employee still cannot report to work in any case if impaired by the use of the drugs if the impairment might endanger the employee's own safety or the safety of anyone else, pose a risk of significant damage to City property or substantially interfere with the employee's job performance or the efficient operation of the City's business. The City may require a medical certificate not medical diagnosis as a precondition to return to work.
D. CIRCUMSTANCE UNDER WHICH DRUG AND ALCOHOL TESTING WILL BE IMPOSED ON COVERED EMPLOYEES.
1. Drug and Alcohol Testing
Applicants receiving a conditional offer of employment for certain designated positions, e.g. lifeguards, swim instructors, swim coaches, shall be subject to a urine and/or blood test for the presence of illegal drugs or alcohol. The City may refuse to employ an applicant whose test results show the presence of illegal drugs or alcohol. Applicants who are under a physician's care and/or are required to take legal drugs must notify Human Resources or its designee of that fact in writing before the date of the pre-employment examination. This applies to initial appointment as a classified employee only, and not to promotion within the service.
Conditions of Employment for
Management Personnel
July 1, 2021 to June 30, 2022
2. 2. Reasonable Suspicion Testing
The City may require a blood test, urinalysis, or other drug and/or alcohol screening of those employees who are reasonably suspected of using or being under the influence of a drug or alcohol at work, under the following circumstances.
a. "Reasonable suspicion" to test exists if, based on objective factors, a reasonable person would believe that the employee is under the influence of drugs or alcohol at work. Examples of objective factors, include, but are not limited to a combination of: unusual behavior, slurred or altered speech, body odor, red or watery eyes, unkempt appearance, unsteady gait, lack of coordination, sleeping on the job, a pattern of abnormal or erratic behavior, a verbal or physical altercation, puncture marks or sores on skin, runny nose, dry mouth, dilated or constricted pupils, agitation, hostility, confused or incoherent behavior, paranoia, euphoria, disorientation, inappropriate wearing of sunglasses, tremors, or other evidence of recent drug or alcohol use. If the City suspects drugs or alcohol may have played a role in an accident involving City property or equipment that will also constitute reasonable suspicion.
b. Document and Analysis: In order to receive authority to test, the supervisor must record the factors that support reasonable suspicion in writing and analyze the matter with Human Resources or the City Manager, and if they are unavailable, the Department Head. Any reasonable suspicion testing must be pre-approved by Human Resources or the City Manager, and if they are unavailable, the Department Head. c. Testing Protocol: If the documentation and analysis show that there is a reasonable suspicion of drug or alcohol abuse at work, and Human Resources or the City Manager, and if they are unavailable, the Department Head, has approved, the employee will be relieved from duty, transported to the testing facility and to their home after the test. The employee will be placed on sick or other paid leave until the test results are received.
d. Interview of Employee: An employee shall not be asked any questions without first being offered the right to have a representative present.
3. Post-Accident Testing
Post-accident drug and alcohol testing will be conducted on employees following an accident where reasonable suspicion indicators also exist to support the testing.
Conditions of Employment for
Management Personnel
July 1, 2021 to June 30, 2022
Alcohol: Post-accident alcohol test shall be administered within two hours following an accident and no test may be administered after eight hours.
A post-accident drug test shall be conducted within eight (8) hours following the accident.
An accident occurs when as a result of an incident involving a vehicle operated by a covered employee:
(1) Any individual(s) receives an injury(s) requmng immediate hospital treatment, or;
(2) There is a recommendation by an on scene paramedic or medical professional that individual(s) involved in the accident should see a physician for injury(s) arising out of the accident.
(3) A DMV Traffic Accident Report is required, i.e., the estimate of damage exceeds DMV threshold and either law enforcement or, in the absence of law enforcement, supervisor makes an on scene determination that the employee is at fault.
4. Return To Duty/Follow-up Testing:
A covered employee who has violated any of the prohibitions of this policy (See Section C) may be required to submit to a return to duty test before he/she may be returned to his/her position. The test result must indicate an alcohol concentration of less than 0.08 or a verified negative result on a controlled substances test.
E. EMPLOYEE RESPONSIBILITIES:
An employee:
1. Must not report to work, or be subjected to scheduled duty while his/her ability to perform job duties is impaired due to on or off duty alcohol or drug use.
2. Must not use, possess, sell, purchase, manufacture, dispense or distribute, transport drugs or alcohol
a. in the workplace, or while conducting or performing City business, regardless of location, or while operating or responsible for the operation, custody, or care of City equipment or other property; b. on City time;
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
c. in City vehicles or facilities except as defined in City's facilities use policies;
d. prior to coming to work, so that the employee's performance is impaired
3. Must notify his/her supervisor, before beginning work, when drugs (prescription or non-prescription) may interfere with the safe and effective performance of duties or operation of City equipment. In the event there is a question regarding an employee's ability to safely and effective perform assigned duties while using prescribed drug, authorization form a qualified physician may be required.
4. Must notify his/her department head of any criminal drug or alcohol statue conviction, for a violation occurring in the workplace, no later than five (5) days after such conviction.
6. Who thinks he/she may have an alcohol or drug use problem is urged to voluntarily seek free confidential assistance from the City's Employee Assistance Program (EAP) counselor. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to job related performance problems.
7. Must notify his/her department head of all alcohol or criminal drug statute convictions no later than 5 days after such conviction. Off duty arrests or charges do not need to be reported and will not be used for disciplinary or employment purposes.
8. Must notify his/her supervisor, before beginning work, when drugs (prescription or non-prescription) may interfered with the safe and effective performance of duties or operation of City equipment (See Attachment A, Article III, Section 3 ).
9. Who thinks he/she may an alcohol or drug use problem is urged to voluntarily seek free confidential assistance from the City's Employee Assistance Program (EAP) counselor. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to job related performance problems.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
F. MANAGERS' AND SUPERVISORS' RESPONSIBILITIES
1. Managers and supervisors are responsible for enforcement of this policy and will inform the Department Head and the Human Resources Manager of any violations.
2. Employees who may have a suspected alcohol or drug use problem should be encouraged to voluntarily seek confidential assistance from the City's Employee Assistance Program (EAP).
3. When an employee is involved in an accident, or there is reasonable suspicion, managers and supervisor shall prevent the employee from engaging in further work, remove the employee from the workplace, and then take the employee for a drug and/or alcohol test within the timelines outlined in Section D.2 above.
Managers and supervisors will participate in appropriate training on alcohol and drug abuse evaluation. When based on their direct observation, it is suspected that an employee may have illegal drugs, that manager would perform a written evaluation or request a trained evaluator to complete a written evaluation.
5. Managers and supervisors are responsible for complying with federal grant money including notification sanction associated with drug convictions or use of drugs in the workplace (41. U.S.C. Section 707-717).
G. PROCEDURES TO BE USED FOR DETECTION OF DRUGS AND ALCOHOL
1. Alcohol Testing:
Alcohol testing will be conducted by using an evidential breath device (EBT) approved by the National Highway Traffic Safety Administration. (Non-EBT devices may be used for initial screening tests.)
A screening test will be conducted first. If the result is an alcohol concentration level of less than 0.02, the test is considered a negative test. If the alcohol concentration level is 0.02 or more, a second confirmation test will be conducted.
A positive test for alcohol means a confirmed alcohol concentration of 0.08 or more.
The procedures that will be utilized by the collection and testing of the specimen shall be the same as those required under the City of Carpinteria Drug and Alcohol Testing Policy Pursuant To Department of Transportation Regulations (49 CFR 40).
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
2. Drug Testing:
Drug testing will be considered pursuant to the same requirements as those required by the City of Carpinteria Drug And Alcohol Testing Policy Pursuant To Department Of Transportation Regulations ( 49 CFR Part 40). a. The urine specimen will be split into two (2) bottles labeled as primary" and "split" specimen. Both bottles will be sent to the lab; b. A positive test means a test that is positive for controlled substances under the Federal D.O.T. Urine Specimen Testing Levels. If the urinalysis of the primary specimen test positive for the presence of controlled substances, the employee has seventy-two (72) hours to request that the split specimen be analyzed by a different certified lab at the employee's cost. c. The urine sample will be tested for the following: marijuana, cocaine, opiates, amphetamines, and phencyclidine;
d. If the test is positive for one or more of the drugs, a confirmation test will be performed using gas chromatography/mass spectrometry analysis; e. All drug results will be reviewed and interpreted by a physician before they are reported to the employee and then to the City;
f. With all positive drug tests, the physician (a.k.a. Medical Review Officer) will first contact the employee to determine if there is an alternative medical explanation f or the positive test result. If documentation is provided and the MRO determines that there was legitimate medical use for the prohibited drug, the test result may be reported to the City as "negative."
3. Confidentiality:
The confidentiality of records shall be maintained in the same manner as set forth in the City of Carpinteria Drug and Alcohol Testing Policy Pursuant to Department Of Transportation Regulations.
Conditions of Employment for
Management Personnel
July 1, 2021 to June 30, 2022
H. CONSEQUENCES OF FAILING/REFUSING AN ALCOHOL AND/OR DRUG TEST:
FAILING A PRE-EMPLOYMENT DRUG TEST WILL BE GROUNDS FOR
REJECTION FROM EMPLOYMENT.
UPON FAILING A REASONABLE SUSPICION AND/OR POST-ACCIDENT ALCOHOL AND/OR DRUG TEST THE EMPLOYEE:
1. Will be removed from driving or operating any heavy or dangerous equipment;
2. May be disciplined up to termination. Failing/refusal to take a controlled substances/alcohol test may result in disciplinary action, up to including termination.
3. May be allowed to sign a last chance agreement as an alternative to discipline which could require the employee to undergo treatment to cure his/her alcohol or drug abuse and be tested periodically. Generally, an employee who tests positive and has not been found to be using alcohol or drugs on-duty will be offered a last chance agreement. The City does not pay for this examination or any treatment.
However, if the exam and/or treatment is covered by the employee's insurance policy, the employee may use the insurance policy to (help) pay for the covered expenses.
4. The employee may use leave bank hours compensatory time hours or leave without pay while undergoing treatment/rehabilitation.
5. May not be returned to his/her position until the employee submits to a return-toduty controlled substances and/or alcohol test ( depending on which test the employee failed) which indicates an alcohol concentration level of less than 0.08 or a negative result on a controlled substances test;
6. May be required to submit to unannounced follow-up testing after he/she has been returned to his/her safety-sensitive position for a period of one year.
J. EMPLOYEE ASSISTANCE PROGRAM (EAP)
The City has established an Employee Assistance Program to help employees who need assistance with alcohol and controlled substance abuse. Employees are encouraged to contact the Human Resources/Risk Manager for the number of the current EAP provider.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
APPENDIXC
CITY OF CARPINTERIA
PROHIBITION OF
HARASSMENT, DISCRIMINATION AND RETALIATION POLICY
A. PURPOSE
It is the City's intent and the purpose of this Policy to provide all employees, officers and officials, applicants, interns, volunteers and contractors with an environment that is free from any form of unlawful harassment, discrimination or retaliation as defined in this Policy and as provided under federal and state law. This Policy prohibits unlawful harassment or discrimination on the basis of any of the following protected classifications: an individual's race, religion, color, sex (which includes gender, pregnancy, childbirth or related medical conditions), gender identity or expression, sexual orientation, national origin, ancestry, citizenship status, military and veteran status, veteran status, marital status, age for individuals over forty years of age, medical condition, physical or mental disability (whether perceived or actual), genetic information, and any other factor made unlawful by federal, state, or local law.
It is also the policy of the City to provide a procedure for investigating and addressing complaints of alleged harassment, discrimination and retaliation in violation of this Policy. The protection from harassment and discrimination includes protection from retaliation against an employee for his or her having taken action either as a complainant, or for assisting a complainant in taking action, participating in an investigation, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this Policy.
B. POLICY
The City has zero tolerance for any conduct that violates this Policy. Conduct need not rise to the level of a violation of law in order to violate this Policy. Instead, a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions. If you are in doubt as to whether or not any particular conduct may violate this Policy, contact a manager, department head, or the Human Resources/Risk Manager, and, if applicable, do not engage in the conduct and seek guidance from a manager, department head or the Human Resources/Risk Manager.
C. DEFINITIONS
a. Protected Classifications:
This Policy prohibits harassment or discrimination because of an individual's protected classification(s). "Protected Classification" includes race, religion, color, sex (which includes Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
gender, pregnancy, childbirth or related medical conditions), gender identity or expression, sexual orientation (including heterosexuality, homosexuality and bisexuality), national origin, ancestry, citizenship status, military status, veteran status, marital status, age, medical condition and physical or mental disability (whether perceived or actual). b. Policy Coverage:
This Policy prohibits City officials, officers, employees, interns and contractors from harassing or discriminating against applicants, officers, officials, employees, interns and contractors because: (1) of an individual's Protected Classification, (2) of the perception that an individual has a Protected Classification, or (3) the individual associates with a person who has or is perceived to have a Protected Classification. Third parties such as visitors to City Hall are also prohibited from engaging such harassment or discrimination. Any such alleged harassment or discrimination should be reported immediately as provided in this Policy. c. Discrimination:
This Policy prohibits treating individuals differently or otherwise discriminating against an individual because of the individual's Protected Classification as defined by this Policy. d. Harassment:
By definition, harassment based on an individual's protected classification as defined by this policy, including sexual harassment, is not within the course and scope of an individual's employment with the City. Harassment includes verbal, physical, and visual conduct that creates an intimidating, offensive or hostile working environment or interferes with work performance.
Such conduct constitutes harassment when (1) submission to the conduct is made either an explicit or implicit condition of employment; (2) submission to or rejection of the conduct is used as the basis for an employment decision; or (3) the harassment interferes with an employee's work performance or creates an intimidating, hostile or offensive work environment.
Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes, statements, gestures, pictures, or cartoons regarding an employee's Protected Classification. The following are some examples of behavior that can constitute harassment:
a. Verbal harassment, such as epithets (nicknames and slang terms), derogatory or suggestive comments, jokes or slurs, including graphic verbal commentaries about an individual's body, or that identify a person on the basis of his or her Protected Classification.
Verbal harassment may include comments on appearance and stories that tend to disparage those of a Protected Classification.
b. Visual forms of harassment, such as derogatory posters, notices, bulletins, cartoons, drawings, sexually suggestive objects, or e-mails on the basis of a Protected Classification.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
c. Physical harassment, such as assault, touching, impeding or blocking movement, grabbing, patting, propositioning, leering, making express or implied job related threats in return for submission to physical acts, mimicking, taunting, or any physical interference with normal work or movement.
d. Sexually harassing conduct in particular includes all of these prohibited actions as well as other unwelcome conduct such as requests for sexual favors, unwelcome sexual advances, or verbal or physical conduct of a sexual nature (like name calling, suggestive comments, or lewd talk).
e. Romantic or sexual relationships between supervisors and subordinate employees are discouraged. There can be an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change, with the result that sexual conduct that was once welcome becomes unwelcome and harassing.
To avoid possible claims of sexual harassment, if a supervisor or manager intends to enter into a romantic or sexual relationship with a subordinate employee, the supervisor or manager must inform the Human Resources/Risk Manager so that appropriate steps can be taken to minimize the risk of possible claims of sexual harassment.
D. RETALIATION
Retaliation against an employee who reports or provides information in good faith about harassment or discrimination is strictly prohibited, as is retaliation against an employee for his or her having taken action either as a complainant, or for assisting a complainant in taking action, participating in an investigation, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this Policy. Any act of retaliation violates this Policy and will result in appropriate disciplinary action. Examples of actions that might be retaliation against a complainant, witness or other participant in the complaint process include: (1) singling a person out for harsher treatment; (2) lowering a performance evaluation; (3) failing to hire, failing to promote, withholding pay increases, assigning more onerous work, abolishing a position, demotion or discharge; or ( 4) real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination.
Before a supervisor or manager attempts to insulate or protect a complainant by changing his or her work environment or schedule or duties or by transferring the complainant to another position or location, the supervisor or manager should contact the Human Resources/Risk Manager.
E. REPORTING HARASSMENT, DISCRIMINATION OR RETALIATION
An applicant, employee, officer, official, intern, volunteer or contractor who feels he or she has been harassed, discriminated against or retaliated against in violation of this Policy should report the conduct immediately as outlined below so that the complaint can be resolved quickly and fairly.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
All employees involved in the complaint process may be represented by a person of their choosing and at their own expense.
1. Object to the Conduct
Sometimes an individual is unaware that his/her conduct violates this Policy. In these situations the offensive behavior may be eliminated by simply informing the offender that the conduct or language in question is unwelcome and offensive and request that it be discontinued immediately.
A person who believes he/she is being harassed is encouraged, but is not required to use this process. When the conduct in question continues after the offending person has been informed it is offensive, or if a person does not feel comfortable talking to the offending person directly, the employee should make a report in accordance with subsection 2 or 3 below.
2. Oral Report
If a person who believes that this Policy has been violated does not want to first speak with the offending person, he/she should report the conduct to a supervisor, any City management employee, or the Human Resources Manager. Any supervisory or management employee who receives such a report must in turn direct it to the Human Resources/Risk Manager. The Human Resources/Risk Manager will determine what level of investigation and response is necessary.
3. Written Process
An individual who believes this Policy has been violated and does not feel comfortable using the process outlined above may provide a written complaint to a supervisor, or any management employee who in turn must direct the complaint to the Human Resources/Risk Manager, or to the Human Resources/Risk Manager directly.
F. CITY'S RESPONSE TO COMPLAINT OF HARASSMENT.DISCRIMINATION OR
RET ALIA TI ON
1. Investigation
Upon receipt of a complaint of alleged harassment, discrimination or retaliation, the Human Resources/Risk Manager will be responsible for coordinating a thorough investigation (unless he/she is named in the complaint). The Human Resources/Risk Manager may hire an outside investigator if the City deems appropriate. The type of investigation undertaken, and the party chosen to conduct the investigation will depend on the nature of the complaint made and will be determined by the Human Resources/Risk Manager. The Human Resources/Risk Manager will report the status of investigations to the City Manager as appropriate.
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
The Human Resources/Risk Manager, in concurrence with the City Manager, may take interim action to diffuse volatile circumstances, such as placing the alleged perpetrator on paid administrative leave or temporarily transferring the alleged perpetrator. Generally, no interim action should be taken to change the complaining individual's working conditions unless the complaining individual voluntarily consents to the temporary change or the Human Resources/Risk Manager determines that doing so is appropriate under the circumstances.
The City attempts to take a proactive approach to potential Policy violations and may conduct an investigation regarding possible harassment, discrimination or retaliation in appropriate circumstances, regardless of whether or not the recipient of the alleged action or a third party reports a potential violation.
At the conclusion of the investigation, if it is determined that the alleged conduct did not occur or that this Policy was not violated, the Human Resources/Risk Manager will notify the complainant and the alleged perpetrator, if appropriate, of the general conclusion(s) of the investigation and whether any further action is warranted.
2. Remedial and Disciplinary Action
If the investigation determines that the alleged conduct occurred or that the conduct otherwise violated this Policy, the City will notify the complainant and perpetrator of the general conclusion(s) of the investigation and take effective remedial action that is designed to discipline the perpetrator and deter future violations of this Policy. Any employee or officer determined to have violated this Policy will be subject to disciplinary action, up to and including termination.
Disciplinary action may also be taken against any official, supervisor or manager who condones or fails to report potential violations of this Policy, or who otherwise fails to take appropriate action to enforce this Policy.
Any official contractor or other non-City employee found to have violated this Policy will be subject to appropriate sanctions.
3. Confidentiality
Every reasonable effort will be made to assure the confidentiality of complaints made under this Policy. Complete confidentiality cannot occur, however, due to the need to fully investigate potential Policy violations and take effective remedial action.
G. RESPONSIBILITIES OF EMPLOYEES, MANAGEMENT AND
SUPERVISORY EMPLOYEES
1. Employees
In order to establish and maintain a professional working environment, while at the same time preventing harassment, discrimination, and retaliation, employees are expected to:
Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
• Set an example of acceptable conduct by not participating in or provoking behavior that violates this Policy. Try not to be angry or insulted if an individual tells you that your behavior is offensive. People have different ethical values and standards and may be offended by behavior you think is proper. When appropriate, tell the individual you did not realize your behavior was offensive, and immediately cease the conduct. • Let fellow employees know when you consider behavior offensive. The City hires people from a wide variety of cultural and ethnic backgrounds, and an individual may not realize behavior he or she thinks is proper could be seen by others as offensive. • Report harassment, discrimination or retaliation as quickly as possible, whether the reporting employee is the target of the conduct or a witness. • If an employee witness's harassment, he or she should report it to a supervisor, manager or the Human Resources Manager, and may tell the individual being harassed that the City has a policy prohibiting such behavior, and that he or she can demand that the harasser cease the behavior or report is under this Policy.
• Fully cooperate with the City's investigation of complaints made under this Policy.
2. Managers and Supervisors
In addition to the responsibilities listed above, managers and supervisors are responsible for the following:
• Implementing this Policy by taking all complaints seriously and modeling behavior that is consistent with this Policy. Direct all complaints to the Human Resources Administrator.
• Take positive steps to eliminate any form of harassment, discrimination or retaliation observed or brought to his/her attention.
• No department director, manager, supervisor or other employee may retaliate through any action of intimidation, restraint, coercion or discrimination. • Monitoring the work environment and taking appropriate action to stop potential Policy violations.
• When appropriate, follow up with those who have complained to ensure the behavior complained of has ceased.
Conditions of Employment for
Management Personnel
July 1, 2021 to June 30, 2022
H. Option to Report to Outside Administrative Agencies
Sexual harassment and retaliation for opposing sexual harassment or participating in investigations of sexual harassment are illegal. In addition to notifying the Company about harassment or retaliation complaints, affected employees may also direct their complaints to the California Department of Fair Employment and Housing (DFEH), which has the authority to conduct investigations of the facts. The deadline for filing complaints with the DFEH is one (1) year from the date of the alleged unlawful conduct. If the DFEH believes that a complaint is valid and settlement efforts fail, the DFEH may seek an administrative hearing before the California Fair Employment and Housing Council (FEHC) or file a lawsuit in court. Both the FEHC and the courts have the authority to award monetary and non-monetary relief in meritorious cases. You can contact the nearest DFEH office or the FEHC at the locations listed in the City's DFEH poster or by checking the state government listings in the local telephone directory.
Conditions of Employment for
Management Personnel
July 1, 2021 to June 30, 2022
APPENDIXD
RETURN TO WORK POLICY
Purpose
The purpose of this policy is to establish guidelines that the City may follow, should an employee have an extended absence due to illness or injury.
The City strives to assist employees to return to work at the earliest possible date following an injury or illness. However, this policy is not intended to supersede or modify the procedures applicable to employees eligible for reasonable accommodation or covered under leave provisions under the terms of this MOU or federal or state law.
The City cannot guarantee a transitional position and is under no obligation to offer, create or encumber any specific position for purposes of offering placement to such a position.
Inquiries about the reasonable accommodation for disabilities or employee leave rights should be directed to the Human Resources Department (HR).
Transitional Work
The City defines "transitional work" as temporary, light duty and/or modified work assignments within the employee's physical abilities, knowledge and skills.
When possible, in the discretion of the City, transitional positions will be made available to injured workers to minimize or eliminate time lost from work.
The policy only applies to regular full- and part-time employees who are on leave as a result of injury or illness.
In the event an employee refuses transitional work (outside the qualified employee's FMLA/CFRA benefits period) and the employee satisfies the restrictions and ability to perform the transitional position, the City is not obligated to provide an alternative position. In such cases, the City will notify the insurance carrier of the employee's refusal of the transitional work.
Procedures
To obtain a transitional assignment the employee must provide a statement from the employee's treating health care professional containing the following information:
a) That treating health care professional has reviewed the employee's job description; b) That the employee cannot perform all of the essential functions of her/his job, identifying which essential functions cannot be performed; Conditions of Employment for
Management Personnel
July I, 2021 to June 30, 2022
c) When the employee will be able to resume performing all essential functions of her/his job, with or without accommodation, and if accommodation will be required, the nature of that accommodation;
d) If the treating health care practitioner cannot determine when the employee will be able to resume performing all essential functions of her/his job, when the employee will next be evaluated for that purpose;
e) In addition, all other work limitations, such as restrictions on lifting, standing, sitting, walking, hours that can be worked and the like, so that the nature of possible transitional employment can be evaluated, and how long each of those limitations will be in place; and
f) Any other limitation of the employee's ability to perform work for the City m a transitional position.
If the treating health care provider provides the above information to the satisfaction of the City, and releases the employee to return to work on modified duty the City will review the information to determine if a transitional position for the employee is appropriate and transitional work falls within City business needs. Transitional positions are developed based on the physical capability of the worker, the business needs of the City and the availability of transitional work. The City will determine appropriate work hours, shifts, duration and locations of all work assignments. The City reserves the right in its sole discretion to determine the availability, appropriateness and continuation of all transitional work assignments. The assignment to a transitional position cannot exceed 6 months.
If the employee is offered a transitional position, a transitional position job description, including physical requirements, will be prepared for review and approval by the treating health care provider. Once approved, the employee will be provided a letter noting the treating health care provider's approval and the start date, hours, wage, duration and location of the transitional work assignment. The employee will be asked to sign the letter indicating his or her acceptance or refusal of the transitional work job offer and to return the letter to HR.
Any employee returning to a transitional position must not exceed the duties of the position or go beyond the doctor's restrictions. If any medical restrictions change, the employee must immediately notify his or her supervisor and provide the supervisor a copy of the new medical release. If, in the judgment of the City, the employee is unable to satisfactorily perform the duties of the transitional position, the City may end the employee's transitional work assignment. The City will keep its insurance carriers apprised of relevant information related to the provisions of this section and its application to employees.
ATTACHMENT B
RESOLUTION NO. 6110
A. RESOLUTION NO. 6110 WITH ATTACHED CONDITIONS OF EMPLOYMENT
FOR MISCELLANEOUS UNREPRESENTED PERSONNEL FOR FISCAL YEAR 2021-2022.
THIS PAGE INTENTIONALLY LEFT BLANK
RESOLUTION NO. 6110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA APPROVING AND ADOPTING REVISIONS TO THE
CONDITIONS OF EMPLOYMENT FOR THE MISCELLANEOUS
UNREPRESENTED PERSONNEL FOR FISCAL YEAR 2021-2022 AND
SUPERSEDING RESOLUTION NO. 6102
WHEREAS, the City of Carpinteria City Council recognizes that the conditions of employment for at-will management-level employees should be addressed separately from classified employees covered under the Memorandum of Understanding between the City of Carpinteria and the Service Employees International Union (SEIU) Local 620; and
WHEREAS, this classification of employees includes Associate Planner, Code Compliance Officer II, Engineering Technician, Accounting Technician, Management Assistant, Aquatics Program Coordinator, and other clerical positions, the Carpinteria City Council wishes to update the Conditions of Employment to ensure that the City remains competitive; and
WHEREAS, said Conditions of Employment for Miscellaneous Unrepresented Personnel has been recommended to the City Council for approval for effective July 1, 2021 and ending June 30, 2022, and
WHEREAS, it is the desire of the City Council to revise the conditions of employment for those employees classified as management employees, as follows;
1. Effective July 1, 2021, a 3.00% increase/adjustment to the salary grade structure for Miscellaneous Unrepresented classifications. The 3% increase/adjustment will be applied to certain full-time Miscellaneous Unrepresented Personnel who are eligible for an increase/adjustment.
2. Classification and Compensation tables reflect changes during the budget process for Fiscal Year 21-22. The tables have also been updated to reflect positions that were eliminated, i.e., Code Compliance Officer I, Assistant Planner. Finally, all salary ranges have been updated to reflect the 3% increase/adjustment.
3. Effective following the approval and adoption of this Agreement, full-time employees employed prior to July 1, 2021, will receive a one-time nonpensionable $1,500 payment.
Resolution No. 6110
4. Effective January 1, 2022, the allowance is $1,284 (rounded up from $1,283.16).
5. Effective July 1, 2021, approve and adopt changes to the City's Substance Abuse Policy for all employees.
All other provisions of the Conditions of Employment for Miscellaneous Unrepresented Personnel will remain unchanged and in effect during the term of the agreement NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The revised Conditions of Employment for Miscellaneous Unrepresented Personnel, attached hereto Exhibit A, effective July 1, 2021, is hereby approved and implementation by the City Manager is authorized, and SECTION 2. Resolution No. 6110 supersedes Resolution No. 6102.
PASSED, APPROVED AND ADOPTED on 14
th day of March, 2022, by the
following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on the 14
th day of March, 2022.
City Clerk, City of Carpinteria
Resolution No. 6110
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
CITY OF CARPINTERIA
CONDITIONS OF EMPLOYMENT
FOR MISCELLENOUS UNREPRESENTED PERSONNEL
EFFECTIVE JULY 1, 2021
TABLE OF CONTENTS
SECTION NUMBER PAGE NUMBER
TABLE OF CONTENTS 1
SECTION 1 Classification 3
SECTION 2 Work Schedule 4
SECTION 3 Compensation and Benefits 5
SECTION 4 Leave Regulations 13
SECTION 5 Legal Holidays 26
SECTION 6 Workers' Compensation Insurance 27
SECTION 7 Retirement Program 27
SECTION 8 Health/Dental Benefits 28
Flexible Benefit Program
SECTION 9 Service Awards 32
SECTION 10 Life Insurance 32
SECTION 11 Education/Training and 33
Professional Development
SECTION 12 Miscellaneous Policies 33
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July l, 2021 to June 30, 2022
APPENDIX A
APPENDIXB
APPENDIXC
APPENDIX D
Personal use of Telecommunication Equipment,
Electronic Mail, Voice-Mail and other
computer systems
Substance Abuse
Harassment, Discrimination and Retaliation
39 Return to Work
41 50
57 Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I, 2021 to June 30, 2022
MISCELLANEOUS EMPLOYEE CLASSIFICATION
AND COMPENSATION
EFFECTIVE JULY 1, 2021
The following positions have been designated by the City of Carpinteria as Miscellaneous Unrepresented Employees. These positions are not classified as management employees nor are they represented by SEIU Local 620.
Employees in this category are full-time employees. None of the positions are exempt from overtime requirements of the Federal Fair Labor Standards Act and, as with other non-exempt employees, all overtime must be authorized in advance (unless in emergency) by the affected employee's department head.
Position Department Grade Minimum Control Maximum
Point
Associate Planner* Community 12 $63,802.31 $79,753.50 $87,728.47 Development
Accounting Administration Services 9 $49,918.88 $62,398.60 $68,639.40 Technician
Engineering Public Works 9 $49,918.88 $62,398.60 $68,639.40 Technician
Code Compliance Community 8 $48,159.83 $61,295.72 $66,220.68 Officer II Development
Management Parks, Recreation & 7 $45,890.46 $57,363.68 $63,099.10 Assistant* Public Facilities
Aquatics Program Parks, Recreation & 5 $41,547.19 $51,933.98 $57,127.38 Coordinator Public Facilities
❖ Under Ordinance # 559, the positions of Management Assistant and Associate Planner are included in the list of positions that are classified as "at will" employees serving at the pleasure of the City Manager and exempt from the City Personnel rules. Accordingly, an employee serving in this capacity is free to resign from his/her position any time, with or without cause, upon oral or written notice to the City Manager, and similarly, the City may end the employment relationship or change the status (i.e., modify the position, implement a demotion, adjust wages, etc.) at any time, with our without cause, upon oral or written notice to the employee".
l
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I, 2021 to June 30, 2022
1.2 PERSONNEL RULES:
"Regular," "full-time" and "part-time" employees are defined in the Personnel Rules, and those definitions are adopted for use in these Conditions of Employment as well. The City intends to continue to review and develop revised personnel rules, regulations, and grievance procedures, employee handbook, job classifications and job descriptions.
SECTION2
WORK SCHEDULE
2.1 REPORTING:
Miscellaneous unrepresented employees are classified as hourly and non-exempt employees. All miscellaneous employees for the City of Carpinteria are required to accurately report hours worked on daily time sheets.
2.2 FLEXTIME SCHEDULING:
Employees may have the option to participate in an alternate 9/80 work schedule based on a flexible 9 day/80 hour pay period (eight 9-hour days and one 8-hour day). Each employee electing to participate in flextime scheduling must select a Monday or Friday as their designated flex day off, the alternate Monday or Friday will be their 8-hour day. The daily work schedule for the nine hour days will begin at 7:30 a.m. and end at 5:30 p.m. with a one hour lunch; the daily work schedule for the eight hour day will begin at 8:00 a.m. and end at 5:00 p.m., with a one hour lunch.
Individuals may request flexible work schedules which meet their personal needs, however, the flex day selected is subject to the operational needs and requirements of the department as determined by the City Manager. Human Resources and Payroll must be advised, in writing, of the selected day and any change from the established flex day, must be requested in advance and approved by the Department Head and the City Manager.
The program will be evaluated on an on-going basis regarding personal performance standards, as well as monitoring staffing needs to ensure that the public is being appropriately served.
Continuation of such schedules shall be subject to review and approval of the City Manager.
The City Manager reserves the right to remove any (or all) employees from flexible work schedules. To the extent possible, two weeks advance written notice will be provided to the employee. An employee shall not be removed from a flexible work schedule for arbitrary or capncious reasons.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to June 30, 2022
SECTION3
COMPENSATION AND BENEFITS
3.1 PAY STATUS:
An affected employee is considered to be in pay status and eligible for benefits under any of the following circumstances:
(1) While working regular hours
(2) While on authorized PTO Leave Bank hours
(3) While on authorized Injured on Duty (100) status
( 4) While on authorized jury duty
(5) While on Compensatory time off
The City Manager may authorize coverage of benefits on an individual basis for employees on authorized leave without pay for a period of up to four ( 4) months when it is deemed appropriate or is otherwise required by law.
3.2 METHOD OF PAYMENT:
Employees shall be paid on a bi-weekly basis and pay checks will be available on the Thursday afternoon following the close of the regular pay period unless holidays or circumstances beyond the control of the City occur in which case all necessary action will be taken to insure that individual pay checks are available with a minimum of delay.
Employees are encouraged to take advantage of direct deposit of payroll checks. Upon request, payroll checks may be directly deposited to an employee's checking or savings account.
3.3 BASE WAGE ADJUSTMENT:
A. Effective following approval and adoption of this Agreement, employees employed with the City prior to July 1, 2021, will receive a one-time, non-pensionable $1,500 payment.
B. Effective the first full pay period after July 1 the affected employees listed in Section 1, (Classification), shall have their base wages adjusted pursuant to the results of an annual performance-based employee evaluation.
The review shall include a Performance Rating of one of five categories:
• Unacceptable
• Needs Improvement;
• Contributor;
• Valued Performer;
• High Performer.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I, 2021 to June 30, 2022
The result of the Performance Rating shall be used by the City Manager to determine the appropriate range of increase to the base wage as illustrated in the Merit Increase Matrix. The exact increase within the range provided for in the Matrix shall be determined by the City Manager.
All wage increases are subject to availability of funds as authorized by City Council. Should fiscal constraints limit full funding of wage increases, all authorized base wage increases shall be reduced by an equal percentage.
MERIT INCREASE MATRIX
Position and Range
Lower Third Middle Third Upper Third 90.1% ofCP to Min to 90% of CP CP CP to Maximum High Performer 11 ½ to 12 ½% 10 to 11 % 9 ½ or to
Range Max
eo Valued Performer 8 ½ to 9 ½% 7 ½ to 8% 6 ½ to 7% or to c:: Range Max ......
1d
~
Q)
(.) Contributor 5 ½ to 6% 4 to 5% 0 c::
ro
§
J3 1--< Needs Improvement 0 0 0
Q)
0....
Unacceptable 0 0 0
3.4 DEFERRED COMPENSATION PROGRAM:
The ICMA Deferred Compensation Program will be available to miscellaneous unrepresented employees with participation on a voluntary basis.
3.5 SHORT-TERM/LONG TERM DISABILITY PROGRAM:
In addition to coverage under the State Disability Insurance Program, the City provides eligible full-time employees with additional short-term disability coverage to integrate with SDI for a weekly benefit of 60% of covered earnings and a long-term disability program to provide a monthly benefit of 66 2/3% of covered earnings, such coverage to be at City expense. This program will be at the expense of the City.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I, 2021 to June 30, 2022
3.6 OUTSTANDING OBLIGATIONS UPON TERMINATION:
If any affected employee has any outstanding obligations due to the City, such as advance use of any benefits or lost or damaged equipment, at the time of termination, the employee will be so notified and requested to reimburse the City for any such amounts advanced to the extent allowed by law.
3. 7 CAL PERS RETIREMENT:
The City provides retirement benefits through the California Public Retirement System pursuant to Section 7.
3.8 HEALTH, DENTAL AND WELLNESS PROGRAM:
The City provides health, dental and wellness benefits pursuant to Section 8.
3.9 REPORTING HOURS WORKED
A. Individual employees are responsible for accurately reporting time worked. All hours worked shall be reported by clocking in and out on the computer at their work station.
Actual time worked will be recorded on a daily basis and tabulation of time at the end of the work period will be computed to the exact hour and fractional minutes. Such time shall be verified by the employees' supervisor. Employees are prohibited from working "off the clock," and are required to accurately record all hours worked.
B. The City acknowledges that from time to time a computer clock may gain or lose time, causing the clock to be off by minutes. The City agrees to take this into consideration whenever it appears that the computer clock has caused an employee to clock in late. If an employee becomes aware of such a problem with his/her computer, it should be reported immediately to their supervisor.
C. If access to a computer is not available, all hours worked by employees shall be reported on time sheets provided and shall be stated in straight time hours. The individual employee is responsible for accurately reporting all hours worked. Hours worked shall be reported in not less than quarter (1/4 or .25) hour increments of time actually worked. Time worked 7 1/2 minutes or less will not be reported and time worked in excess of 7 1/2 minutes will be reported as a quarter (.25) hour. Such time shall be verified by the employees' supervisor.
l
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I, 2021 to June 30, 2022
3.10 BREAKS
Each affected employee shall be entitled to a sixty (60) minute lunch period and two breaks per eight-hour working day. The morning break and the afternoon break are fifteen (15) minutes.
Breaks shall not be taken earlier than one hour after starting work in the morning or lunch, or later than one hour before lunch or the end of the working day.
Breaks do not accumulate and will be scheduled by the employee's supervisor.
3.11 OVERTIME RECORDS
Employees shall report all overtime in actual hours worked on their biweekly timesheet. The Finance Office shall convert all reported overtime hours worked to time and one-half, identify reported overtime hours worked as regular overtime hours and/or premium overtime hours and record such converted hours to the credit of the affected employee. All overtime must be authorized in advance (unless in emergency) by the affected employee's department head.
3.12 OVERTIME COMPENSATION
The affected employee shall be compensated for overtime hours as follows:
1. Timesheets determine actual hours worked by calculating the elapsed time between clock in times and clock out times in quarter hour increments. See Section 3. 9 (Reporting Hours Worked).
2. PTO, holiday, compensatory time off and other time not actually worked are not counted as hours worked for overtime purposes.
3. Hours worked in excess of the employee's regularly scheduled hours in any one work day (12 midnight to 12 midnight) or in excess of the employees total regularly scheduled hours in any work week (Saturday through Friday) are recorded as overtime hours worked. Hours worked that are in excess of both the employee's regularly scheduled hours in the work day and the work week are not considered as separate incidents of overtime worked.
4. Hours worked on a day that has no scheduled hours (usually weekend days or holidays) are recorded as overtime hours worked with a two hour minimum.
5. At the end of each two week pay period, total overtime hours worked are accumulated and categorized as either (a) premium overtime hours or (b) regular overtime hours. a. Hours worked in excess of the employee's total regularly scheduled hours in any work week are categorized as premium overtime hours.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I, 2021 to June 30, 2022
b. Total overtime hours less hours categorized as premium overtime hours are categorized as regular overtime hours.
6. Regular overtime hours are multiplied by 1.5 and the resulting hours are added to the employee's overtime bank.
7. Premium overtime hours are multiplied by 1.65 (1.5 x 1.1) and the resulting hours are added to the employee's overtime bank.
8. Hours in an overtime bank in excess of 100 at the end of a payroll cycle will be paid in the subsequent payroll at the employee's regular base pay hourly rate then in effect and the paid hours deducted from the overtime bank.
9. At the employee's choice, overtime hours recorded on an employee's timesheet may be either (a) paid or (b) accrued to the employee's overtime bank to be used as compensatory time off or paid at a later time as provided in this section. Employees must specify in writing on their timesheet which one of these two options is chosen. If the employee does not specify how the overtime hours should be treated, the default option is to be paid for the hours.
10. If an employee elects and is approved to use some or all of the employee's accrued overtime bank as compensatory time off, the amount taken as compensatory time off shall be deducted from the employee's overtime bank on an hour-for-hour basis.
11. No overtime shall be worked without department head approval in advance in writing.
However, such approval shall be given in any case in which the affected employee worked such overtime at the direction of a supervisor. No overtime shall be authorized or worked for the convenience of the employee (i.e. voluntary shift trading, etc.).
12. Management shall assign overtime work as equitably as possible among all qualified employees in the same classification in the same organizational unit and work location.
13. Employees with accumulated overtime hours accrued in their overtime bank may, not more often than four times per fiscal year, request and receive a cash buy-out of a portion or all of such accumulated accrued time in their overtime bank. Such payment will be made on the next regular pay period and paid at the employee's regular base pay hourly rate then in effect.
14. When employment with the City terminates the City shall make a cash payment for the employee's accumulated unused overtime bank time on the books at the employee's regular base pay hourly rate then in effect.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to June 30, 2022
3.13 HOLIDAY PAY
A. Unless otherwise provided herein, a regular full-time employee not working on a holiday will receive one day's pay at his or her normal straight time rate, exclusive of shift or temporary or relief supervisory differentials. Said holiday pay shall not be paid if the employee is not in a pay status the last normal working day before a holiday or the first normal working day after such holiday. See Section 3.1 for definition of pay status.
B. An employee who is scheduled to work on a holiday but fails to report for work and fails to notify the City or provide evidence of an emergency is unexcused and will not receive payment for the holiday.
C. If a holiday falls on a normal workday which is during an approved leave, at the employee's option the employee will not be charged for a leave day the day of the holiday, or may be given an additional day at the beginning or end of his/her leave. Holidays which fall on normal working days within an unpaid leave of absence, will not be counted as workdays and will not be recognized for pay purposes.
D. Employees who are required to work on holidays will receive, in addition to the holiday pay provided for in this section, a minimum three (3) hours straight time pay for hours worked and time and one-half for hours worked beyond 8 hours or a normal shift, whichever is appropriate.
E. Employees who are required to work on a holiday will be paid a minimum three hours of their regular wage.
3.14 CALLBACKPAY
A. Any affected employee called out to work after his/her normal working hours shall receive a minimum of two (2) hours cash compensation at the rate paid for overtime work.
In such cases all work in excess of the two (2) hour minimum shall be compensated at the regular overtime rate. The overtime rate shall be based on the employee's base hourly rate.
Call-back shall be defined as being called out to work outside one's normal working hours by the Sheriff's Department, City Manager, or Department Head r on an unscheduled basis.
An employee should not respond to a call-back if any alcoholic beverage has been consumed or a medication taken that might impair his/her ability to perform the duties required.
B. All affected employees who are required and/or authorized to attend an authorized meeting which starts after the established work day shall be credited for a minimum of two (2) hours overtime. For all time in excess of two (2) hours, normal overtime policies shall be in effect.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to June 30, 2022
C. In the event a call-out exceeds two (2) hours in actual time for an employee, the time reported for payroll purposes only shall begin with ten (10) minutes prior to the employee reporting for work and end ten (10) minutes after the time the employee leaves work to return home.
D. Employees in off-duty status will not be required to respond to call-back. The exception being when a state of emergency has been declared by the City Manager.
3.15 MOVE-UP PAY OR TEMPORARY ASSIGNMENT
When in the best interests of the City, the City Manager may approve a Move Up or Temporary Assignment of a probationary or regular employee to a higher level classification than that for which he/she is currently assigned and being compensated, in accordance with the following:
1) Eligibility Requirements
a) The City Manager has the sole discretion to determine if a Move Up or Temporary Assignment is needed and has the sole authority to deny or approve assignment, without any right to grievance or appeal.
b) The employee appointed to work in a Move Up or Temporary Assessment must be capable of handling the major duties of the higher level classification without any more supervision than an employee who regularly works in the higher classification. c) To be eligible for Move Up or Temporary Assignment, the employee must be required to work more than five (5) working days in succession in the higher classification.
d) Should an employee be hired to fill a higher classification position during a period of Move Up or Temporary Assignment, the employee's time worked in a higher classification shall not count toward the completion of probationary requirements for the higher classification, unless expressly established as a condition of hiring 2) Amount of Move Up or Temporary Assignment Pay
a) An employee shall receive compensation equal to ten percent (10%) above the employee's regular base salary, for work performed within the scope and responsibilities of the higher classification and will continue to receive the additional pay for the duration of assignment. Base salary is defined as the base salary paid to the employee without additions for overtime, medical insurance, longevity, expense or other benefits.
b) In no event shall the employee receive an amount greater than the base salary for the maximum step for the higher classification.
c) An employee shall not receive any other benefit assigned to the higher classification that they are not already receiving.
d) While working in an out-of-class assignment, an employee shall continue to accrue, and have recorded, normal step increases in the employee's regular position. 3) Move Up or Temporary Assignment Pay Does Not Apply to the Following:
a) The mere performance of certain portions of the higher position or assisting with certain duties of the position is filled.
b) Where the temporary assignment is a replacement of an employee on vacation.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to June 30, 2022
c) When the City has activated the Emergency Operations Center (EOC). When the EOC is activated, all public employees are declared to be disaster service workers subject to such disaster service activities as may be assigned to them by their superiors or by law. During a time of emergency, employees may work modified job duties and/or may be asked to take on tasks outside of their normal responsibilities to work in support of emergency operations and such activities and/or duties are not eligible for Move Up or Temporary Assignment Pay.
3.16 WITNESS AND JURY DUTY PAY
Required court time for off-duty regular full-time City employees shall be treated as overtime, with the minimum time being two (2) hours for any one day. This section shall not apply to any on-duty employees. This section shall apply only in court cases dealing with the scope of employment and shall not apply in cases of a personal or non-job related court action.
Every classified employee of the City who is called or required to serve as a trial juror shall be entitled to absent himself or herself from his/her duties with the City during the period of such service or while necessarily being present in court as a result of such call. Said employee shall continue to receive his/her full compensation from the City while serving on such jury duty, but shall reimburse the City the amount of daily per diem fees ( exclusive of travel expenses) paid to such employee while acting as a juror.
3.17 STANDBY PAY
Only the City Manager or Acting City Manager may order standby status. When on standby status, an employee shall be required to be on call during normal time off, accessible by telephone or other agreed upon electronic device and available to report to work immediately.
The City agrees to pay two hours of straight time pay, or the employee may elect to take two hours compensatory time, per twenty-four (24) hour period or portion thereof in excess of four ( 4) hours when any miscellaneous unrepresented employee is required to-be on call on a standby basis at home during normal time off. This does not include informal alerts or requests to keep the City Manager or Acting City Manager advised of whereabouts during possible emergencies.
An employee on standby status must be in physical condition to adequately to perform his/her duties and must not have consumed any alcoholic beverage or taken medication or other substance that might, in any way, hinder performance of his/her duties.
13.8 PAID REST AND RECOVERY TIME
An employee who is required to work after 8:00 p.m., and is scheduled to work the following day, that employee may report to work two (2) hours later and that employee will be paid their regular wage for two (2) hours.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I, 2021 to June 30, 2022
SECTION4
LEAVE REGULATIONS
4.1 ANNUAL LEA VE:
Annual leave for regular full-time employees and regular part-time employees is inclusive of all leave benefits (vacation, sick, floating holidays, paid administrative leave and approved paid personal leave, and can be used for vacations, personal time off, sick leave purposes and other time away from work consistent with the terms of this section. The use of annual leave for "Sick Leave Purposes" means 1) time off to diagnose, care or treat an existing health condition, or for preventive care for the employee or for the employee's child, spouse, domestic partner, parent, parent of employee's spouse or domestic partner, grandparent, grandchild, or sibling; and 2) time off for employees who are victims of domestic violence, sexual assault, or stalking may also use annual leave to seek medical attention, obtain services from a shelter or crisis center, obtain counseling, or go to court.
Employees covered in this Conditions of Employment, who has served less than thirty (30) days within a year of the commencement of employment in the service of the City are not eligible for annual leave.
4.2 ANNUAL LEA VE BANK ACCRUAL:
Eligible employees will accrue annual leave time based on years of service in accordance with the following established schedule:
4. 3 LEA VE BANK SCHEDULE
(Days on leave bank schedule are figured as eight (8) hour days) Years of Service Accrual
One through three
Four through six
Seven through ten
Eleven
Twelve
Thirteen through fifteen
Sixteen through eighteen
Nineteen or more
Thirty years (longevity benefit)
144hours (18days)
160 hours (20 days)
184 hours (23 days)
192 hours (24 days)
200 hours (25 days)
208 hours (26 days)
224 hours (28 days)
232 hours (29 days)
24 additional hours 3 additional days
At the beginning of each fiscal year eligible employees will receive a leave bank equal to his/her annual leave entitlement.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I, 2021 to June 30, 2022
Employee's annual leave entitlement for his/her first year of employment shall be based on the number of full months that employee will work for the City prior to the July 1 following their date of hired. For example, if an eligible employee's first day of employment is December 15, her/his annual leave entitlement for their year of employment will be 50% of 144 hours, which equals 72 hours. However, the amount of the leave bank entitled for the first year of employment will not be less than twenty-four (24) hours or three (3) days, whichever is greater. The first year amount of annual leave will be credited to the employee's leave bank after the employee completes thirty (30) days of employment in the service of the City. The amount of annual leave credited to the employee's leave bank for their first year of employment will not be subject to the maximum leave bank accumulation as provided in section 4.3
Effective the July 1 following the employee's date of hire, and every July 1 thereafter, employees will receive a leave bank equal to his/her annual leave entitlement.
Regular part-time employees who work less than full-time, but are scheduled to work more than 1040 hours a year are eligible for annual leave benefits, and shall be credited leave bank time on a prorated basis.
In the event one or more municipal holidays fall within an authorized leave with pay, such holidays shall not be charged as leave, and the leave shall be extended accordingly.
Upon termination of employment with the City, the cash value of any unused leave time in excess of that which would have been earned had it been granted on a pro-rated monthly basis and other outstanding obligations due the City shall be deducted from the final payment to the employee.
Accrued leave time can be taken off prior to the date of retirement and used to delay final date of employment if it is requested in writing and approved at least thirty (30) days prior to the scheduled date that such leave would begin.
4.3 LEAVE ELIGIBILITY:
Employees are eligible to use annual leave benefits on their ninetieth (90 th
) day of employment.
4.4 NOTIFICATION FOR USE OF LEAVE BANK:
Except for annual leave used for Sick Leave Purposes, in cases of emergency or when the need to use leave time is not otherwise reasonably foreseeable, notification for use of leave bank hours will be as follows:
Employees are required to make written requests through the appropriate supervisory channels for the use of accrued leave time. The written request shall be submitted at least two (2) full working days in advance for leave requests of up to four ( 4) working days; for leave requests of five (5) working days or more, the written request shall be submitted at least ten (10) working days, but not earlier than ninety (90) calendar days, prior to the beginning date of the requested leave. No Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I, 2021 to June 30, 2022
use of accrued leave time or related absence is authorized until the employee's written request is approved in writing.
Leave periods shall be scheduled by management to provide adequate staffing. Such scheduling shall be subject to the needs of the City but shall take into account employee seniority and personal preference. The City will make every effort to give maximum possible advance notice to the affected employee in the event scheduled leave must be cancelled or modified due to the needs of the service.
Where use of accrued leave time is requested for Sick Leave Purposes, in cases of emergency or when the need to use leave time is not otherwise reasonably foreseeable, notification for use of leave bank hours will be as follows:
Where the need to use annual leave for Sick Leave Purposes is foreseeable, employees must provide reasonable advance notice, orally or in writing, to their supervisor or Human Resources.
If the request for the use of five (5) or more days ofleave time is related to plan medical treatment, when possible the employee should make the request for use ofleave time at least ten (10) working days in advance. When the need to use annual leave for Sick Leave Purposes is not foreseeable, is being used in cases of emergency or when the need to use leave time is not otherwise reasonably foreseeable, employees are required to notify their supervisor or Human Resources, orally or in writing, as soon as practicable.
4.5 UNAUTHORIZED LEA VE
An employee's absence shall be unauthorized if the employee does not report his or her absence to his or her supervisor or Human Resources as required under section 4.4.
4.6 LEA VE BANK ACCUMULATION
A maximum of one hundred and twenty hours (15 days) of leave accrual will be the maximum allowed for carry-over at the end of a fiscal year, provided however, if at the end of year there are any leave bank hours over 120, the hours will be carried over and a commensurate number of hours shall be deducted from the employee's annual accrual in order that the maximum leave bank accrual not exceed an employee's annual accrual plus 120 hours.
4.7 LEAVE BANK CASH-OUT/OPTIONS
1. Each employee may cash-out up to eighty (80) hours of any unused leave hours accrued at the beginning of the fiscal year, provided the employee retains an accrued leave balance of at least forty ( 40) hours in their leave bank. Compensation for such cash-out of unused accrued leave hours will be based on the employee's existing salary at the time the request is made.
2. Further, each employee may direct that all or any portion of the allowed cash-out amount be used to buy benefits offered under the Flexible Benefit Program.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I, 2021 to June 30, 2022
4.8 TREATMENT OF ACCRUED LEA VE UPON TERMINATION
At the time of termination of employment, employees shall be paid the cash value of all unused accrued leave hours based on the employee's then existing salary rate; or, in the alternative, the employee may exercise the option to invest the cash value of such unused accrued leave hours in the Employee Flexible benefit Program.
If a retiring employee terminates employment during the year and is legally entitled to a distribution of unused leave, the employee may submit, in writing, his or her request for the City to "hold" payment of his or her accumulated leave until the following year. Such request must be submitted in writing in advance of the date ofretirement and requires written approval by the City Manager before any disbursement can be made.
4.9 CATASTROPHIC EVENT:
In the event an employee in this group suffers a catastrophic event, e.g. serious illness, and there is not a sufficient leave balance to cover the employee's absence from the workplace, upon written request to the City Manager, an advancement of up to thirty (30) days of leave may be granted, with the understanding that it will be reimbursed to the City on a day-for-day basis from future allocated leave or reimbursed to the City as outlined under Section 3.6 Outstanding Obligations Upon Termination.
4.10 UNPAID LEA VE:
Leave of Absence Without Pay
The City Manager may grant a regular or probationary employee leave of absence without pay or accrual of employment benefits, such as paid time off or seniority, for reasons other than pregnancy, disability or family care leave, for a period not to exceed ninety (90) days. No employee shall be authorized leave without pay if said employee has accrued leave or compensatory timeoff accrued on the books of the City. After ninety (90) days, the leave of absence may be extended if authorized by the City Council.
No such leave shall be granted except upon written request of the employee, setting forth the reason for the request, and the approval will be in writing. Upon return to duty following expiration of a regularly approved leave, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of the employee on leave to report promptly at its expiration shall be cause for discharge. The depositing in the United States mail of a first class letter postage paid, addressed to the employee's last known place of address shall be reasonable notice.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I, 2021 to June 30, 2022
Department heads may grant a regular, or probationary employee leave of absence without pay for not to exceed one (1) calendar week. Such leaves shall be reported to the Human Resources/Risk Manager.
No leave shall accrue to any employee during any full biweekly pay period in which the employee is on an authorized leave without pay in excess of five (5) days. Employee on leave without pay may also be responsible for full payment ( employer and employee portion) of insurance premiums for insurance coverage during such leave. Benefits shall be continued at City expense during the first thirty (30) days of such leave.
Statutory Family and Medical Leave
1. Eligibility
The City provides eligible employees the opportunity to take unpaid leaves of absence for specific reasons in accordance with California's Moore-Brown-Roberti Family Rights Act (CFRA) and the federal Family and Medical Leave Act of 1993 (FMLA). To be eligible for FMLA/CFRA Leave, an employee must (1) have worked for the City for at least twelve months prior to the date on which the leave is to commence; and (2) have worked at least 1,250 hours in the twelve months preceding the leave.
2. FMLA Leave
a. Permissible Uses
"Family care leave" may be requested under the FMLA for (1) the birth or adoption of an employee's child, (2) the placement of a foster child with the employee; or (3) the serious health condition of an employee's child, spouse, or parent. "Medical leave" may be requested under the FMLA for an employee's own serious health condition. A "serious health condition" is one that requires either in-patient care in a medical facility or continuing treatment or supervision by a health care provider. "Qualifying exigency leave" may be requested under the FMLA for qualifying exigencies arising out of the fact that an employee's spouse, son, daughter, or parent is on active duty ( or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation. "Qualifying exigencies" include certain absences related to short-notice deployment, military events and related activities, childcare and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and additional activities. Employees may contact the Human Resources/Risk Manager or her or his designee for more information about what qualifies as a "qualifying exigency."
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I, 2021 to June 30, 2022
"Military caregiver leave" may be requested under the FMLA to care for a "covered service member" if the employee is a spouse, child, parent, or next of kin of the "covered service member." A "covered service member" is:
• a member of the Armed Forces, including the National Guard and Reserves, who, because of a serious injury or illness incurred in the line of duty while on active duty that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating, is: (1) undergoing medical treatment, recuperation, or therapy; (2) in outpatient status; or (3) on the temporary disability retired list; or
• a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five (5) years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
b. Amount of FMLA Leave Available
Provided all the conditions of this policy are met, an employee may take a maximum of twelve (12) weeks total of family care leave, medical leave, and qualifying exigency leave under the FMLA in a 12-month period. This 12-month period is measured backwards from the date the employee's family care leave, medical leave, or qualifying exigency leave under the FMLA commences. Spouses who are both employed by the City may take a maximum combined total of twelve weeks of family care leave under the FMLA in a 12-month period for the birth, adoption, or foster care of their child.
Provided all of the conditions of this policy are met, an employee may take up to 26 weeks total of a combination of all leaves under the FMLA during a 12-month period (up to 12 weeks of which may be for FMLA leave other than military caregiver leave). The 12-month period used to measure this entitlement will commence upon the first use of military caregiver leave under the FMLA for a covered service member's particular injury.
3. CFRA Leave
"Family care leave" may be requested under the CFRA for (1) the birth or adoption of an employee's child, (2) the placement of a foster child with the employee; or (3) the serious health condition of an employee's child, spouse, domestic partner as defined in California Family Code Section 297, or parent. "Medical leave" may be requested for an employee's own serious health condition. A "serious health condition" is one that requires either in-patient care in a medical facility or continuing treatment or supervision by a health care provider.
Provided all of the conditions of this policy are met, an employee may take up to twelve (12) weeks of leave under the CFRA during a 12-month period. This 12-month period is measured backwards Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I, 2021 to June 30, 2022
from the date the employee's family care leave or medical leave under the CFRA commences.
Spouses who are both employed by the City may take a maximum combined total of twelve weeks of family care leave under the CFRA in a 12-month period for the birth, adoption, or foster care of their child.
Family care leave and medical leave under the CFRA typically run concurrently with family care leave and/or medical leave under the FMLA.
4. Intermittent Leave
FMLA/CFRA Leave taken for the birth, adoption, or foster care placement of a child generally must be taken in blocks of at least two (2) weeks' duration; however, the City will provide employees with family care leave for birth, adoption, or foster care placement for periods of less than two (2) weeks duration on any two (2) occasions. FMLA/CFRA Leave taken for the birth, adoption, or foster care placement of a child must be concluded within one (1) year of the birth, adoption, or placement.
Qualifying exigency leave under the FMLA may be taken on an intermittent or reduced schedule as required by the qualifying exigency.
FMLA/CFRA Leave for any other reason may be taken intermittently or on a reduced schedule where medically necessary. If FMLA/CFRA Leave is authorized to be taken intermittently or on a reduced schedule, the City retains the discretion to transfer the employee temporarily to an alternative position with equivalent pay and benefits which better accommodates the employee's leave schedule.
5. Substitution of Paid Leave
Employees are required to substitute accrued paid time off, including accrued compensatory time off, for all FMLA/CFRA Leaves, except that employees can retain a five (5) day balance of accrued paid time off.
If the employee is recervmg payments from State Disability Insurance ("SDI") while on FMLA/CFRA leave, the accrued paid leave time will only be used in an amount which supplements the SDI payment such that the employee receives the full amount of his or her regular compensation as an active employee.
The substitution of paid leave time for FMLA/CFRA Leave does not extend the total duration of FMLA/CFRA Leave to which an employee is entitled. For example, if an employee has accrued two (2) weeks of unused paid vacation time at the time of the request for medical leave under the FMLA/CFRA, that paid vacation time will be substituted for the first two (2) weeks of FMLA/CFRA Leave, leaving up to ten (10) additional weeks of unpaid FMLA/CFRA Leave.
6. Leave's Effect on Pay
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I, 2021 to June 30, 2022
Except to the extent that other paid leave time rs substituted for FMLA/CFRA Leave, FMLA/CFRA Leave is unpaid.
7. Leave's Effect on Benefits
During an employee's FMLA/CFRA Leave, the City shall continue to pay for the employee's participation in the City's group health insurance to the same extent and under the same terms and conditions as would apply had the employee not taken leave. Employees are required to continue to make any payments they normally make towards healthcare coverage premiums while on leave.
In the event an employee on leave fails to make timely payment for their portion of healthcare coverage premiums, the City will notify the employee of such failure and, if payment is not made, terminate the coverage.
If the employee fails to return from the leave for a reason other than the recurrence or continuation of the health condition that brought about the leave or other circumstances beyond the employee's control, the City is entitled to recover any health premiums paid by the City on the employee's behalf during any unpaid period of the leave.
Employees on FMLA/CFRA Leave accrue employment benefits, such as paid time off or seniority, only when paid time off is being substituted for unpaid leave and only if the employee would otherwise be entitled to such accrual. If the employee is using accrued paid time off to supplement SDI payments as discussed above, he or she will accrue employment benefits on a pro rata basis.
8. Procedure for Requesting Family Care and Medical Leave Notice Requirements
Employees should notify the Human Resources/Risk Manager of their request for FMLA/CFRA Leave as soon as they are aware of the need for such leave. For foreseeable events, if possible, the employee shall provide thirty (30) calendar days' advance written notice to the Human Resources/Risk Manager of the need for FMLA/CFRA Leave. For events that are unforeseeable thirty (30) days in advance, but are not emergencies, the employee must notify the Human Resources/Risk Manager, in writing, as soon as he/she learns of the need for the leave, ordinarily no later than one ( 1) to two (2) working days after the employee learns of the need for the leave.
If the leave is requested in connection with a planned, non-emergency medical treatment, the employee may be requested to reschedule the treatment so as to minimize disruption of the City's business.
If an employee fails to provide the requisite 30-day advance notice for foreseeable events without any reasonable excuse for the delay, the City reserves the right to deny the taking of the leave.
All requests for FMLA/CFRA Leave should include anticipated date(s) and duration of the leave.
Any requests for extensions of an FMLA/CFRA Leave must be received at least five (5) working days before the date on which the employee was originally scheduled to return to work and must include the revised anticipated date(s) and duration of the family care or medical leave.
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July 1, 2021 to June 30, 2022
Certification
Any request for FMLA/CFRA Leave must be supported by proper certification of the need for leave. For foreseeable leaves, employees must provide the required certification before the leave begins. When this is not possible, employees must provide the required certification within fifteen (15) calendar days after the City's request for certification, unless it is not practicable under the circumstances to do so, despite the employee's good faith efforts. Failure to provide the required certification may result in the denial of foreseeable leaves until such certification is provided. In the case of unforeseeable leaves, failure to provide the required certification within fifteen days of being requested to do so may result in a denial of the employee's continued leave. Any request for an extension of the leave also must be supported by an updated certification.
Certification of family care leave under the FMLA/CFRA shall include (1) the date on which the serious health condition commenced; (2) the probable duration of the condition; (3) the health care provider's estimate of the amount oftime needed for family care; and (4) the health care provider's assurance that the health care condition requires family care leave.
Certification of medical leave under the FMLA/CFRA shall include (1) the date on which the serious health condition commenced; (2) the probable duration of the condition; (3) a statement that, due to the serious health condition, the employee is unable to perform the functions of his or her position; and (4) in the case of intermittent leave or revised schedule leave where medically necessary, the probably duration of such a schedule. In addition, the certificate may, at the employee's option, identify the nature of the serious health condition involved. If the City has reason to doubt the validity of the certification provided by the employee, the City may require the employee to obtain a second opinion from a doctor of the City's choosing at the City's expense. If the employee's health care provider and the doctor providing the second opinion do not agree, the City may require a third opinion, also at the City's expense, performed by a mutually agreeable doctor who will make a final determination. Before permitting the employee to return to work, the City may also require the employee to provide medical certification that he or she is able to return to work.
Certification of a military caregiver leave under the FMLA shall be either (1) an appropriate medical certification from an authorized health care provider or (2) a copy of an Invitation Travel Order or Authorization issued by the Department of Defense.
The nature and format of the certification of a qualifying exigency leave under the FMLA will vary depending on the nature of the qualifying exigency, and will typically include a copy of the active duty orders for the employee's spouse, son, daughter, or parent.
9. Leave's Effect on Reinstatement
Employees returning from FMLA/CFRA leave are entitled to reinstatement to the same or comparable position consistent with applicable law, provided that the total period of the -
'
Conditions of Employment for
Miscellaneous Unrepresented Personnel
July I, 2021 to June 30, 2022