APPROVED AS TO FORM:
______________________________
Leslie E. Devaney, City Attorney
City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution 2022-XX, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 20th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
City of Del Mar
31 June 20, 2022 Item 11
i
City of Del Mar
PERSONNEL RULES &
REGULATIONS
MANUAL
AMENDED BY THE CITY COUNCIL ON JUNE 20, 2022
RESOLUTION 2022-XX
32 June 20, 2022 Item 11
ii
Table of Contents
Section Title Page
Section 1 Introduction and General Provisions
1.01 Purpose 1
1.02 Violation of Rules 1
1.03 Authority 1
1.04 Administration 1
1.05 Delegation of Responsibility 2
1.06 Distribution of Manual 2
Section 2 Definition of Terms
2.01 Anniversary Date 2
2.02 Advancement 2
2.03 Allocation 2
2.04 Applicant 2
2.05 Appointment 2
2.06 Candidate 2
2.07 City 3
2.08 City Council 3
2.09 City Manager 3
2.10 Class or Class of Positions 3
2.11 Code 3
2.12 Compensating Time Off 3
2.13 Day 3
2.14 Demotion 3
2.15 Department Head 3
2.16 Dismissal 3
2.17 Eligible List 3
2.18 Employee 3
2.19 Employment Standards 3
2.20 Examination 3
2.21 Exempt Employees 3
2.22 Flexible Staffing 3
2.23 Layoff 4
2.24 Merit Pay Increase 4
2.25 Minimum Qualifications 4
2.26 Non-Exempt Employees 4
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Section Title Page
2.27 Oral Examination 4
2.28 Oral Interview 4
2.29 Personnel Officer 4
2.30 Position 4
2.31 Position Classification Pay 4
2.32 Probationary Employees 4
2.33 Probationary Period 4
2.34 Promotion 5
2.35 Promotional Probationary Period 5
2.36 Reassignment 5
2.37 Reclassification 5
2.38 Re-employment List 5
2.39 Regular Appointment 5
2.40 Regular Position 5
2.41 Regular Full-time Employees 5
2.42 Regular Part-time Employees 5
2.43 Reinstatement 5
2.44 Resignation 6
2.45 Suspension 6
2.46 Temporary Appointment 6
2.47 Temporary Position 6
2.48 Temporary Employees 6
2.49 Termination 6
2.50 Transfer 6
2.51 "Y-rate" 6
Section 3 Policies Governing Employment and Working
Conditions
3.01 Equal Employment Opportunity 7
3.02 Affirmative Action Program 7
3.03 Harassment Prevention Policy and
Procedure 7
3.04 Outside Employment 10
3.05 Conflicts of Interest 11
3.06 Employment of Family Members and
Co-habitants 11
3.07 Political Activity 12
3.08 Alcohol & Controlled Substance Abuse 13
3.09 Americans with Disabilities 13
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Section Title Page
Section 4 Recruitment and Selection
4.01 Filling Vacancies 14
4.02 Fair Employment Practices 14
4.03 Type of Recruitments 14
4.04 Applications 15
4.05 Job Announcements 15
4.06 Examinations 15
4.07 Conduct of Examinations 15
4.08 Eligibility List 15
4.09 Veteran’s Preference 16
4.10 Closed/Promotional Eligibility Lists 16
4.11 Removal of Names from Eligibility List 16
4.12 Notification of Applicants 17
4.13 Certification of Eligibility 17
4.14 Selection 17
4.15 Physical/Mental Requirements 17
4.16 Application Filing 18
4.17 Legal Authority to Work 18
4.18 Disqualification of Applicants 18
4.19 Character of Examinations 18
4.20 Legal Authority to Work 18
4.21 Pre-employment Medical Examination 19
4.22 Reemployment – Medical Certification 19
Section 5 Appointments
5.01 Types of Appointments 19
Section 6 Transfers and Assignments
6.01 Administrative Transfers 20
6.02 Employee Reassignment/Transfer 21
Requests
6.03 Out-of-Class Assignments 21
Section 7 Probationary Period
7.01 Objective 22
7.02 Length of Probation 22
7.03 Extension of Probation 22
7.04 Rejection During Probation 22
7.05 Rejection Following Promotion 22
7.06 Promotion During Probation 23
7.07 Leave During Probation 23
7.08 Completion of Probationary Period 23
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Section Title Page
Section 8 Classification Plan
8.01 Purpose 23
8.02 Composition 23
8.03 Content of Class Specifications 23
8.04 Use of Class Titles 23
8.05 Interpretation and Significance 24
8.06 Maintenance of the Plan 24
Section 9 Salary Administration and Anniversary Dates
9.01 Anniversary Dates 24
9.02 Anniversary Date Postponed 25
9.03 Step Advancements 25
9.04 Withholding of a Step Increase 25
9.05 Salary Upon Initial Appointment 26
9.06 Salary Upon Reclassification 26
9.07 Salary Upon Promotion 26
9.08 Compensation on Reinstatement 27
9.09 Compensation on Transfer 27
9.10 Compensation on Change in Range
Assignment 27
9.11 Compensation Upon Demotion 27
9.12 Salary Plan 27
9.13 Effective Date of Increase 27
9.14 Special Merit Increases 28
9.15 Compensation-Probationary/Regular 28
9.16 Overtime 28
9.17 Longevity Pay 29
Section 10 General Working Conditions
10.01 Work Schedules 29
10.02 Call Back 30
10.03 Standby Duty 31
10.04 Meal Allowance 32
10.05 Tuition Reimbursement 32
10.06 Mileage Allowance 33
10.07 Holidays 33
10.08 Resignation and Final Paycheck 34
10.09 Personnel Records 35
10.10 Performance Evaluations 35
10.11 Personal Telephone Use 35
10.12 Dress and Grooming Standards 35
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Section Title Page
Section 11 Leave of Absence Provisions
11.01 Vacation Leave 36
11.02 Sick Leave 37
11.03 Bereavement Leave 42
11.04 Jury Duty 42
11.05 Witness Duty 42
11.06 Maternity Leave 43
11.07 Authorized Unpaid Leave 43
11.08 Unauthorized Leave of Absence 43
Without Pay
11.09 Military Leave 44
11.10 Medical Leave- Non-occupational 45
11.11 Industrial Disability 45
11.12 Termination for Medical Reasons 46
11.13 Time Off to Vote 47
11.14 Family Care Leave 47
Section 12 Layoff and Re-employment
12.01 Authorization 52
12.02 Order of Layoff 52
12.03 Return to Former Class 52
12.04 Seniority Defined 53
12.05 Order of Re-employment 53
12.06 Notice of Re-employment 53
Section 13 Disciplinary Procedure
13.01 Policy Statement 53
13.02 Disciplinary Actions 53
13.03 Causes for Disciplinary Action 54
13.04 Pre-Disciplinary Due Process 56
13.05 Imposition of Discipline 57
13.06 Post-Disciplinary Appeals Procedure 57
13.07 Administrative Hearing Procedures 58
13.08 Conduct of the Administrative Hearing 58
13.09 Immediate Removal 59
13.10 Right to Representation 60
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1 SECTION 1 - INTRODUCTION AND GENERAL PROVISIONS
1.01 Purpose. This manual is designed to outline the benefits, rules, and important personnel policies that govern the employment of employees holding probationary or regular appointments to positions with the City of Del Mar. This Manual is applicable to Management and Professional Employees except where noted but these employees (Department Heads and those with a last position appointment date on or after August 26, 2009) will not serve probationary periods, will not be subject to the disciplinary process or any appeal process, and will be exempt from the civil service examination process including the establishment of eligibility lists. This manual is designed as a guide to ensure consistent, fair, and uniform treatment of all City employees.
The policies and procedures contained in this manual supersede any and all previously issued City policies, procedures, rules or instructions related to matters discussed herein.
Circumstances will obviously require that policies, procedures and benefits described in this manual change from time to time. Consequently, the City reserves the right to amend, supplement or rescind any provisions of this manual as it deems appropriate.
The City shall provide notice of amendments, supplements or changes to the recognized employee representatives. Upon request, the City will meet and confer with the recognized employee representatives regarding changes within the scope of representation prior to implementation. The recognized employee representatives shall meet in a timely manner with representatives of the City. If, following meeting and conferring, the parties are unable to reach an agreement, the City reserves the right to implement by management direction.
Employees will be advised of changes in policies, benefits and procedures.
Nothing in this manual shall be deemed to supersede applicable state or federal law or administrative regulations related to personnel matters.
1.02 Violation of Rules. Violation of these rules may be cause for disciplinary action.
1.03 Authority. The City Council of the City of Del Mar has approved the provisions of this manual. The Council must approve all additions, amendments and revisions to the personnel policies and procedures contained in this manual.
1.04 Administration. The City Manager is responsible for implementing, administering, and ensuring compliance with the provisions of this manual. In the event any provision of this manual needs clarification, the City Manager may issue administrative instructions clarifying the intent of said provision as adopted 38 June 20, 2022 Item 11
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2 by the Council. The City Manager may develop and issue procedures, consistent with this manual to facilitate the manual's implementation.
If there is any conflict between this manual and any department policies and procedures, the policies and procedures contained in this manual take precedence. If there is any conflict between this manual and any Memorandum of Understanding between the City and a Recognized Employee Organization, the provisions contained in the Memorandum of Understanding shall take precedence, unless the provision in the manual has been negotiated more recently with the recognized employee organization as reflected in a side letter of a Memorandum of Understanding or a Memorandum of Agreement.
1.05 Delegation of Responsibility. The City Manager may, at his or her discretion, delegate the responsibilities assigned in this manual as he or she may deem appropriate and necessary.
1.06 Distribution of Manual. Each current probationary or regular employee and Management or Professional Employee will receive an electronic copy of this manual. New employees will be given a copy of the manual at the time of employment with the City.
SECTION 2 - DEFINITION OF TERMS
The following definitions shall apply throughout this manual unless the context requires another meaning.
2.01 Anniversary Date. The date upon which an employee appears on the payroll as a regular employee due to original appointment, promotion, reinstatement, or reclassification to a higher classification under these rules, and on which the employee establishes eligibility for salary advancement consideration. The date shall be adjusted to the first day of the pay period which is closest to the actual date.
2.02 Advancement. A salary increase within the limits of a pay range established for a class.
2.03 Allocation. The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised.
2.04 Applicant. A person who has filed an application for employment with the City.
2.05 Appointment. The offer to and acceptance by a person of a position in City service.
2.06 Candidate. An applicant who fulfills the requirements for a given position; who has successfully completed the required examination(s) for such a classification; and whose name has been placed on an eligible list.
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3 2.07 City. The City of Del Mar.
2.08 City Council. The City Council of Del Mar.
2.09 City Manager. The City Manager of Del Mar.
2.10 Class or Class of Positions. A group of positions similar as to duties performed, degree of supervision and responsibility exercised or required, minimum requirements of education, experience, skill and such other qualifications, so that the same title, the same tests of fitness, and the same schedule of compensation may be applied to each position in the group.
2.11 Code. The Municipal Code of the City of Del Mar, California, being the systematic compilation of effective Ordinances of the City.
2.12 Compensating Time Off. Time off with pay granted an employee in lieu of monetary payment for overtime.
2.13 Day. Calendar day unless otherwise noted.
2.14 Demotion. The movement of an employee from one class to another class having a lower maximum rate of pay.
2.15 Department Head. The individual who is designated the Administrative Head of a department and acts as the Appointing Authority.
2.16 Dismissal. The termination of employment for cause by the Appointing Authority.
2.17 Eligible List. A list of names of persons who have been certified as eligible for appointment for a position in City service.
2.18 Employee. Any officer or person holding a position in City service.
2.19 Employment Standards. The general qualifications prescribed for the selection of an appointee to fill a vacancy.
2.20 Examination. The process of measuring and evaluating the relative ability and fitness of applicants by job related testing procedures.
2.21 Exempt Employees. This category includes all employees who are classified by the City as exempt from the overtime provisions of the Federal Fair Labor Standard Act and applicable state laws.
2.22 Flexible Staffing. The non-competitive promotion of an employee from certain designated classifications in a classification series to certain higherlevel classifications in the same classification series. 40 June 20, 2022 Item 11
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4 2.23 Layoff. Involuntary separation from employment for non-disciplinary reasons including, but not limited to lack of funds or work, abolition of position, reorganization or the reduction or elimination of service levels.
2.24 Merit Pay Increase. An increase in pay established in the Salary plan which may be granted to an employee for meritorious service and completion of prescribed periods of employment in the class. All step increases are merit increases and must be approved by both the employee's Department Head and the City Manager.
2.25 Minimum Qualifications. Shall mean the lowest acceptable degree of skill, education, abilities, experience, and personal and physical characteristics which are prescribed for the selection of an appointee to fill a position vacancy.
2.26 Non-Exempt Employees. Employees who are covered by the provisions of the Federal Fair Labor Standards Act or any applicable state laws.
2.27 Oral Examination. A competitive examination administered orally.
2.28 Oral Interview. That part of an examination conducted by a competent board to evaluate the candidate's education, experience, and general qualifications pertinent to the position for which examined.
2.29 Personnel Officer. The City Manager, or the person designated or appointed by the City Manager to be responsible for recruiting, examination, and other Personnel, labor relations and related matters.
2.30 Position. A specific office or employment provided by the budget, whether occupied or vacant, temporary term or regular, calling for the performance of certain duties as defined in a class specification.
2.31 Position Classification Plan. A compilation of the title, definition and scope of duties for each class officially adopted and currently active within City service.
2.32 Probationary Employees. Full-time and part-time employees who are within their initial probationary period and as such have not obtained regular status.
Such employees are on a trial basis for the purpose of assessing their ability to perform assigned tasks. Such employment may be terminated at any time without cause, without notice and without right of appeal during the initial period if deemed appropriate by the City.
2.33 Probationary Period. A working test period during which an employee is required to demonstrate fitness for the position to which appointed by actual performance of the duties of the position.
2.34 Promotion. The movement of an employee from a position in one classification to a vacant position having a higher maximum rate of pay. General salary adjustments are not considered promotions.
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5 2.35 Promotional Probationary Period. A working test period during which an employee is required to demonstrate fitness for the position to which promoted by actual performance of the duties of the position.
2.36 Reassignment. Movement of an employee from one position to another position, within the same department, within the same classification or comparable classification which has the same salary range and requires substantially the same qualifications. A reassignment shall not affect an employee’s anniversary date.
2.37 Reclassification. A change in the allocation of an individual position to its appropriate classification based upon a comparative analysis and evaluation of the job content, difficulty, and responsibility. Reclassification may involve raising the position to a higher classification, reducing it to a lower classification or reallocating the position to another classification at the same pay level.
Reclassification is concerned with positions, not incumbents in those positions.
Reclassification is concerned with positions, not incumbents in those positions.
2.38 Re-employment List. A list of persons who have been laid off from City service and who, in accordance with these rules and regulations, are entitled to consideration for appointment to vacancies in the class without further examination.
2.39 Regular Appointment. An appointment to a regular position after satisfactory completion of the probationary period as required by these rules.
2.40 Regular Position. A position, the duties of which do not terminate at any stated time. This is a position expected to last for an indefinite period of time and would not be considered temporary.
2.41 Regular Full-time Employees. Employees holding a regular appointment to a regular position who typically work a minimum of forty (40) hours per week (Fire employees who typically work a schedule that averages fifty-six (56) hours per week) on a continuing basis.
2.42 Regular Part-time Employees. Employees holding a regular appointment to a regular position who typically work less than forty (40) but more than ten (10) hours per week on a continuing basis.
2.43 Reinstatement. Means the re-appointment, without examination, at the discretion of the appointing authority, of a probationary or regular employee within 24 months after he/she has resigned in good standing to a vacant position in the same or comparable class. The appointing authority shall first consider any valid promotional list for the position prior to considering a request for reinstatement. No credit shall be received for benefits accrued prior to resignation unless otherwise recommended by the appointing authority and 42 June 20, 2022 Item 11
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6 approved by the Personnel Officer. The employee shall begin a new probationary period.
2.44 Resignation. The voluntary separation of an employee from employment with the City. In order to resign in good standing, an employee shall provide a written statement, indicating the last day of employment, providing at least two weeks of work and notice prior to leaving, unless otherwise approved by the City Manager. Once a resignation has been submitted, it may only be withdrawn by approval of the Personnel Officer upon the recommendation of the Department Head.
2.45 Suspension. The temporary removal of an employee from service, with or without pay, for disciplinary reasons and for a specified period of time.
2.46 Temporary Appointment. The appointment to any position in City service for a limited period of time or appointment to a Temporary Position. No probationary period is served with a temporary appointment. Employment is at-will and may end at any time without notice, cause or right of appeal
2.47 Temporary Position. A position designated as temporary.
2.48 Temporary Employees. Temporary employees are hired on a full-time or parttime basis, usually of limited duration, to handle special projects, abnormal workloads, emergencies and to cover for employees on vacation or other leaves of absence. Employees in this category include Seasonal Employees. Such employees may be terminated at any time without cause, notice or right of appeal.
2.49 Termination. Involuntary separation of an employee from employment.
2.50 Transfer. Movement of an employee from one position to another position, within a different department, within the same classification or comparable classification, which has the same salary range and requires substantially the same qualifications. A transfer shall not affect an employee’s anniversary date.
2.51 "Y-rate." The salary step of an employee who is paid outside of the salary range for the classification in which the employee is working. If his/her salary is greater than the maximum salary step of the lower salary range, his/her salary shall be "Y" rated until such time as any general increase, inequity adjustment, or other salary increase brings the employee's monthly rate within the limits of the new range. An employee may be eligible for "Y-rate" when being, reclassified to a lower classification with a lower salary range. "Y-rates" are recommended by the Department Head and subject to the approval of the City Manager.
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7 SECTION 3 - POLICIES GOVERNING EMPLOYMENT AND WORKING CONDITIONS
3.01 Equal Employment Opportunity. It is the policy of the City that all persons are entitled to equal employment opportunity and the City does not discriminate against its employees or applicants because of race, color, religion, sex, sexual orientation, pregnancy, national origin, ancestry, age, marital status, physical or mental handicap or medical condition, and veteran status or any other classification prohibited by state or federal law. It is the City's policy to treat all employees on the basis of merit, qualifications, and competence.
3.02 Affirmative Action Program
(a) Affirmative Action is intended to equalize employment opportunities and fully utilize the greater pool of human resources and skills that exist among minorities, the physically disabled, and women. In adopting such a program, the City recognizes the potential of all individuals who wish to participate in or seek entrance to the work force.
(b) In undertaking affirmative action, the City will not practice reverse discrimination by giving preferential treatment to minorities, the physically disabled, or women by using quotas or other unequal opportunity devices.
Rather, the Affirmative Action Program has been developed to reinforce and enhance merit employment concepts by insuring that all segments of the community have an opportunity to enter employment on the basis of open competition, and to advance according to their relative ability and fitness. (c) The City has developed, and maintains, a comprehensive Affirmative Action program covering all elements of personnel policy and practice to remove discriminatory employment barriers when and where they are found to exist, and to enable all individuals to compete for employment opportunities on an equal basis, regardless of race, color, national origin, age, sex, sexual preference, marital status, physical or mental handicap, medical condition, veteran status, religion or any other status protected by law, unless there exists a bona fide occupational qualification.
3.03 Harassment Prevention Policy and Procedure.
(a) Policy. The City prohibits discriminatory harassment by employees at all levels of the organization against other employees, contractors, and/or job applicants. This policy establishes procedures for employees, job applicants, and persons providing services pursuant to a contract who feel they have been subjected to harassment to pursue the complaints. An employee who is determined to have violated this policy may be subject to disciplinary action. An employee found to be retaliating against a complaining employee, job applicant, or contractor may be subject to disciplinary action.
(b) Romantic or Sexual Relationships. Romantic or sexual relationships 44 June 20, 2022 Item 11
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8 between supervisors and subordinate employees are discouraged. There is an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change, with the result that sexual conduct that was once welcome becomes unwelcome and harassing.
"By definition sexual harassment is not within the course and scope of an individual's employment with the City." The City will not pay defense costs or a judgment if an employee commits sexual harassment.
(c) Harassment Defined.
(1) Verbal Harassment. Includes, but is not limited to, derogatory comments communicated to the employee on the basis of race, religious creed, color, national origin, ancestry, physical or mental handicap, medical condition, marital status, sex, sexual orientation, or age. (2) Physical Harassment. Includes, but is not limited to, assaulting, impeding or blocking movement, or any physical interference with normal work or movement of the employee when directed at the employee on the basis of race, religious creed, color, national origin, ancestry, physical or mental handicap, medical condition, marital status, sex, sexual orientation, or age.
(3) Visual Forms of Harassment. Includes, but is not limited to, derogatory posters, notices, bulletins, cartoons, or drawings on the basis of employee's race, religious creed, color, national origin, ancestry, physical or mental handicap, medical condition, marital status, sex, sexual orientation, or age.
(4) Sexual Harassment. Includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature directed at an employee, applicant, or contractor which is conditioned upon an employment benefit, or creates a work environment that is hostile.
(d) Identification Guidelines. These guidelines shall be applied by reviewing the totality of the incident or situation in question. Guidelines for identifying harassment behavior are:
(1) The behavior is repetitive or severe;
(2) The behavior is unwelcome;
(3) The behavior is one-sided; and
(4) A complaint did not stop the behavior.
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9 (e) Responsibilities.
(1) Managers and Supervisors. Managers and supervisors, at all levels, are responsible for:
(a) Explaining the complaint procedures to a complainant; (b) Making employees aware of the City's policy and obtaining additional information on the subject for them;
(c) Dealing effectively with complaints as they occur;
(d) Making the employee aware that the City Manager will be notified of the complaint.
(e) The City Manager shall keep the applicable employees informed of the status of the investigation.
(2) City Manager. The City Manager (or his/her designee) shall cause an independent investigation to be conducted of all complaints; maintain a confidential file on all charges of harassment, and draft a report summarizing the investigation and propose recommendations. (3) Person Filing Complaint. The person filing the complaint is encouraged to make attempts, if possible, to inform the person alleged to have violated this policy that the behavior is unwelcome. The person filing the complaint is encouraged to do this, but it is not necessary in order to file a complaint.
(f) Confidentiality. All personnel shall maintain confidentiality about complaints in order to protect the parties involved. Information shall not be disclosed other than to assist in the investigation or discipline or as required by state or federal laws or regulations or by order of a court of competent jurisdiction. (g) Complaint Procedure.
(1) Filing. An employee or job applicant who believes he or she has been harassed may make an oral complaint or file a written complaint with any one of the following as may be appropriate:
(a) The immediate supervisor;
(b) Any manager or supervisor within or outside the department; or (c) The City Manager.
A complaint should be as specific and as detailed as possible. 46 June 20, 2022 Item 11
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10 (2) Response to a Complaint. All employees, supervisors, and managers are expected to treat any complaint immediately, seriously, and confidentially, and to give the investigation top priority. (h) Investigation Procedure. Any person receiving a complaint of harassment shall immediately notify the City Manager. The City Manager or designee shall expediently investigate all complaints of harassment. Managers and supervisors shall make available any employee for interviews and present any documents required by the investigator.
(i) Investigator's Report. The City Manager shall submit a report of the findings of the investigation to the person filing the complaint and the person alleged to have violated the harassment policy. Both parties shall be given the opportunity to submit written comments regarding the investigation report to the City Manager.
(j) Final Determination. After both parties review and comment, the City Manager shall prepare the Final Determination.
(k) Disciplinary Procedure. After reviewing the facts of the investigation, the Appointing Authority (Department Head) of an employee found in violation of this policy may commence appropriate discipline in accordance with the disciplinary procedure as contained in this Manual (or applicable Memorandum of Agreement).
3.04 Outside Employment.
(a) Employees may engage in employment outside City employment, provided that:
(1) Written notice is provided in advance to the employee's Department Head and the City Manager.
(2) The employment does not conflict with the employee's work schedules, duties and responsibilities.
(3) The employment does not create a conflict of interest or incompatibility with City employment.
(4) The employment does not create a detrimental effect upon the employee's work performance with the City.
(5) The employment does not involve conducting business during hours of employment with the City.
(6) The employee does not use City premises, facilities or supplies in his/her outside employment.
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11 (7) The City is in no way responsible for the employee's outside employment.
(b) Self-employment is considered outside employment and must meet the same conditions as other outside employment, with the addition of the restriction that the employment does not involve ownership of a private business that is incompatible with the employee's position with the City.
3.05 Conflicts of Interest.
(a) Employees of the City are prohibited from:
(1) Engaging in or having any interest in any business or transaction, or incurring any obligation which conflicts with or impairs, or appears to conflict with or impair their independent judgment in the discharge of their official duties.
(2) Accepting money, favors or other considerations for work they would be required or expected to perform in the regular course of their duties. (3) Accepting gifts, gratuities or favors of any kind from persons or vendors doing business with the City. The only exception is the acceptance of consumable gifts offered to an entire work group during the holiday season where rejection would damage the spirit in which the gifts were offered. (4) Disclosing confidential information acquired by or made available to them in the course of their employment with the City, or using such information for speculation or personal gain.
(b) It is the employee's responsibility to disclose and report all potential conflict of interest situations to his/her supervisor or the City Manager.
3.06 Employment of Family Members and Co-habitants.
(a) Members of the same family or household are eligible for employment with the City of Del Mar. It is the policy of the City to prevent family relationships and relationships involving members of the same household from adversely influencing employment selections, job assignments, promotions, performance evaluations, and other personnel matters.
(b) For reasons of supervision, safety, security, or morale, the City may prohibit members of the same family or household from working in the same department, division, or City facility. For purposes of this policy, “members of the same family” is defined as spouses, domestic partners, children, sisters, brothers, mothers, fathers, grandparents, stepchildren, in-laws, nieces, nephews, cousins, and any other persons related by blood or marriage or by means of a “foster” relationship.
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12 (c) This policy is intended to prevent, but is not limited to, the following:
(a) Situations that might result in unfair preferential treatment of other employees and/or the public;
(2) Professional decisions that might be disadvantageous for the operations of the City;
(3) An employee being in a position to supervise, control, or influence a family member or member of the same household; and
(4) An employee having access to the personnel file and other confidential information of a family member or member of the same household.
(d) This policy applies to family members or members of the same household of all employees and elected or appointed officials of the City of Del Mar.
Each situation will be handled on a case-by-case basis. Employees and officials have a duty to disclose relationships that are addressed by this policy.
(e) If two employees become subject to the restrictions of this policy after they are hired, the City will meet with the affected individuals and their representative(s) and make reasonable efforts to reassign one of the affected individuals to a different position or department, division or City facility. If a reasonable accommodation is not reached and a legitimate business reason exists, the City may require, at the sole discretion of the affected employees, one of the employees to end his or her employment with the City.
3.07 Political Activity.
(a) City employees shall not engage in political activity of any kind during working hours or in a City uniform. Prohibited activity shall include, but is not limited to, soliciting money, influence, service, or any other valuable thing to aid, promote, or defeat any political committee or the nomination or election of any person to public office, while on the job during working hours. No person shall attempt to coerce, command, or require a person holding, or applying for, any position, office, or employment with the City to influence or give money, service, or other valuable thing to aid, promote, or defeat any political committee, or to aid, promote, or defeat the nomination or election of any person to public office. (b) The rights of City employees to register and vote as they choose shall not be infringed. City employees may express their opinions on all political subjects without recourse against them.
(c) Subject to the foregoing, any City employee may seek appointment or election to any public position, office, or employment for which qualified. 49 June 20, 2022 Item 11
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13 3.08 Alcohol and Controlled Substance Abuse.
(a) The City is committed to providing a work environment that is safe, healthy and free of any adverse effects caused by alcohol or controlled substances. City employees shall not be permitted to possess, distribute, or use alcohol or controlled substances while on duty for the City, on City property, or using City equipment; and are not permitted to perform services while under the influence of those substances.
(b) For the purpose of enforcing this policy and maintaining a drug and controlled substance free work place, the City reserves the right to search, with or without prior notice to the employee, all work areas and property in which the City maintains full or joint control with the employees, including but not limited to City vehicles, desks, lockers, file cabinets, and bookshelves. (c) If a department head has reasonable suspicion that an employee is under the influence of alcohol or a controlled substance while in the work place or subject to duty, the employee may be required to submit to a drug and alcohol analysis provided at the City's expense.
(d) Exceptions to this policy:
(1) Performance of normal job duties and responsibilities as directed by assignment or detail shall not result in an employee being in violation of this policy.
(2) During special, infrequent occasions, consumption of alcoholic beverages may be allowed on City property, while an employee is on duty for the City, or while using City equipment but only upon specific prior written authorization from the City Manager.
(3) An employee who resides on City-owned property is excepted from provisions of this policy for circumstances that would be considered appropriate or legal if his/her residence were on private property. (e) Failure to abide by the provisions of this policy shall be grounds for disciplinary action, up to and including termination.
3.09 Americans with Disabilities
(a) It is the policy of the City to comply with all the relevant and applicable provisions of the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) as it applies to disabilities. The City will not discriminate against any qualified employee or job applicant with respect to any terms, privileges, or conditions of employment because of a person's physical or mental disability. The City also will make reasonable accommodations wherever necessary for all employees or applicants with disabilities, provided that the 50 June 20, 2022 Item 11
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14 individual is otherwise qualified to safely perform the essential job functions and provided that any accommodations made do not require undue hardship. (b) This policy applies to all areas of employment including recruitment, hiring, training, promotion, compensation, benefits, transfer, and social/recreational programs.
(c) Any employee or job applicant who believes that he or she has been discriminated against on the basis of disability should immediately bring the problem to the attention of their Department Head or the Personnel Manage SECTION 4 - RECRUITMENT AND SELECTION
4.01 Filling Vacancies. All vacancies shall be filled by reinstatement, transfer, demotion, reemployment, or by appointment from an eligibility list established by an open, or closed/promotional recruitment. In the absence of persons eligible for appointment in these ways, temporary or acting appointments may be made in accordance with these rules.
4.02 Fair Employment Practices. Any technique or procedure used in recruitment and selection of employees shall be designed to measure only the job related qualifications of applicants. No recruitment or selection technique shall be used which, in the opinion of the Personnel Officer, is not justifiably linked to successful job performance.
4.03 Types of Recruitment. The determination of the type of recruitment to be conducted shall be made by the Personnel Officer after consultation with the affected Department Head. Recruitments may be conducted in any of the following manners:
(a) Open. Open recruitments shall be those in which any individual may apply.
An open recruitment may be conducted on a continuous basis when deemed necessary by the Personnel Officer. A continuous recruitment does not have a specified filing period, but continues at the discretion of the Personnel Officer.
(b) Closed/promotional. Closed/promotional recruitments shall be those in which any current City employee (excluding Temporary Employees) may apply.
Prior to certification of an eligibility list, a recruitment may be reopened for any type of recruitment. Applications received prior to reopening the recruitment shall be included (merged) with applications for the reopened recruitment.
4.04 Applications. Application for employment with the City of Del Mar shall be made on forms provided by the Personnel Officer. Any false statement or willful omission of information on the application forms may be grounds for rejection of the application or subsequent discharge of the employee. 51 June 20, 2022 Item 11
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15 Applications must be signed by the applicant and received by the Personnel Officer within the filing period prescribed on the job announcement. Such filing periods may be extended as deemed necessary by the Personnel Officer.
The Personnel Officer may reject any application which on its face does not demonstrate that the applicant meets the minimum qualifications of the position or class for which the application was submitted.
All applications and examination papers are confidential records of the City and under no circumstances will they be returned to the applicants or displayed publicly. A separate and complete application for each recruitment must be filed unless specified otherwise in the job announcement.
4.05 Job Announcements. All examinations shall be announced in a bulletin which shall specify at least the major job responsibilities, minimum and desirable qualifications, and the selection process to be used. Job announcements shall be posted on appropriate bulletin boards in City facilities. Special recruitment methods shall be utilized as necessary to ensure that all segments of the labor market available to the City are utilized.
4.06 Examinations. Examinations for employment shall include any technique which, in the opinion of the Personnel Officer, fairly measures the job-related qualifications of applicants. These may include written tests, interviews, performance tests, medical examinations and background investigations (as pertains to the job classification applied for only).
4.07 Conduct of Examinations. The Personnel Officer shall construct, develop and administer all examinations for City employment except that the City may contract with any qualified agency, organization or individual to develop and administer examinations provided that the procedures utilized meet the specifications as provided in these rules.
4.08 Eligibility List. An eligibility list shall be established following an examination, listing the names of those applicants who have achieved a ranking meeting or exceeding a passing point. Such applicants shall be deemed as qualified for appointment, pending further review by the appointing authority and other qualifying procedures such as reference checks, medical examinations or background investigations. Open eligibility lists shall be valid and in effect for a period of six (6) months. Open eligibility lists may be extended to a maximum duration of eighteen (18) months, at the discretion of the Personnel Officer, prior to expiration.
4.09 Veteran’s Preference. If candidates are all identically qualified, preference shall be given to veterans.
4.10 Closed/Promotional Eligibility Lists. Closed/Promotional eligibility lists for positions shall be in effect for twelve (12) months and may be extended to a 52 June 20, 2022 Item 11
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16 maximum duration of eighteen (18) months, at the discretion of the Personnel Officer, prior to expiration.
Names of those not chosen from an open eligibility list that is in effect less than six (6) months may be merged with names on a newly established list for the same classification but such names shall not remain on the new open list for more than six (6) months from the date of their original examination unless the list is extended under these rules. The names of individuals placed on an eligibility list as the result of a continuous recruitment shall remain on the list for a period of six (6) months unless the list is extended under these rules.
Names on such lists shall be merged with others already on the list. The existence of an eligibility list prepared from an open recruitment shall not preclude the City from recruiting to establish a closed/promotional list. The names of employees on promotional eligibility lists who resign, terminate or are discharged from the service shall automatically be dropped from such lists.
4.11 Removal of Names from Eligibility List. The name of any person appearing on any eligibility list may be removed by the Personnel Officer:
(a) If the eligible person requests that his name be removed.
(b) If the eligible person fails to respond to a written notice by the City that he/she is being considered for appointment. This provision shall not apply to closed/promotional lists.
(c) Upon notice from an eligible applicant declining appointment or invitation to continue in the selection process. Current City of Del Mar employees whose names are on a list may decline and request that their names remain on the list for future consideration.
(d) Upon recommendation of the Department Head and approval of the Personnel Officer after the eligible person has been considered for employment and such employment would not be in the best interest of the City.
(e) If the names of five (5) or less applicants, willing and able to accept appointment, are available on a list, that list may be declared invalid by the Personnel Officer and a new recruitment and examination announced. (f) If the eligible person has made any false statement of material fact or willful omission of information in the application process.
(g) When a person is appointed from an eligibility list to a position in the classification for which the list was developed. Except in the case of a probationary discharge, a person’s name may be placed back on an eligibility list prior to completion of the probationary period at the request of the employee with the approval of the Personnel Officer. A subsequent appointment from the list shall require a new probationary period to be served. 53 June 20, 2022 Item 11
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17 4.12 Notification of Applicants. All applicants shall be notified in writing of the results of the examination. Probationary and regular employees competing in closed/promotional recruitments shall have the right to review their own written examination answer sheet and to challenge questions within ten (10) working days after the results are mailed. The Personnel Officer, or designee, will review challenged items with an employee, to the extent that it does not compromise the security or future uses of a test. Any error in computation, if called to the attention of the Personnel Officer within the ten (10) working days shall be corrected. The Personnel Officer's decision with respect to challenges shall be final.
4.13 Certification of Eligibility. When a vacancy occurs, the appointing authority may request of the Personnel Officer that the vacancy be filled by reinstatement, demotion, transfer, reemployment, or by appointment from an appropriate eligibility list. When an appointment is to be made from any eligibility list, the Personnel Officer shall certify names from an appropriate list.
The appointing authority shall further review the job related qualifications of those certified before making selection decisions.
The Personnel Officer may certify names from a list for a higher classification in order to fill a vacancy in a lower classification, when job duties are of a similar nature. In no case shall names be certified from a list for a lower classification to fill a vacancy in a higher classification. In the event a person does not satisfactorily complete his/her probationary period in a lower level classification, his/her name shall be removed from the eligibility list for the higher level classification from which he/she was appointed.
4.14 Selection. The appointing authority shall notify the Personnel Officer prior to selecting a new employee. He/she shall cause the new employee to report to the Personnel Officer for processing prior to the employee's first day on the job. Each new or promoted employee may be required to pass a medical examination for fitness to perform the job to which they are appointed and may be subject to a background investigation.
4.15 Physical/Mental Requirements. The City shall require that all applicants and employees be in such physical or mental condition to perform the duties of their jobs and may require medical or psychological evaluation at City expense. No employee shall hold any position in a classification in which he/she cannot physically or mentally perform the duties of the position at a satisfactory level or without hazard to him/herself or others. Within the limitations indicated below, the City's policy shall be to make such efforts as are consistent with the provisions of these rules to place physically disabled employees in such positions as are available in the City service where their disabilities will not affect their performance of duties, their safety or the safety of others. The employee's length of service, nature of past performance and the availability of openings may be considered in placing disabled employees. 54 June 20, 2022 Item 11
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18 4.16 Application Filing. All applications shall be made upon official forms furnished by the City and signed and filed in the Personnel Office on or before the final filing date specified in the job announcement.
4.17 Verification of Applications. The City may require applicants to provide certified copies of affidavits relating to receipt of any diploma, license, or any other accreditation or certification required to meet the requirements.
4.18 Disqualification of Applicants. The City may refuse to examine an applicant or may, after examination, disqualify such applicant or remove the applicant's name from an Eligible List, or refuse to certify an eligible name on an Eligible List if any one of the following conditions exists:
(a) The applicant is found to lack any of the preliminary requirements announced for the examination for the class of position;
(b) The applicant has made a false statement of material fact in the application; (c) The applicant has directly or indirectly obtained information regarding examinations to which, as an applicant, the individual was not entitled; (d) The applicant has not submitted the application correctly or within the prescribed time limits;
(e) The applicant has been dismissed from City employment for cause.
4.19 Character of Examinations. Examinations may be written or oral, in the form of a demonstration of skill, or any combination of these; and any investigation of character, personality, education and experience; and any tests of intelligence, capacity, technical knowledge, manual skill, work samples, physical fitness, or any combination of these or other tests which the Personnel Officer deems are appropriate, may be employed. Promotional examinations may include performance reviews, records of conduct or any other generally accepted qualifications deemed necessary or reliable in determining the merit and fitness of each applicant.
4.20 Legal Authority to Work. Each applicant must attest to his or her legal authority to work and identity on an I-9 Form provided by the federal government. This verification must be completed as soon as possible after an offer of employment is made and in no event more than three (3) business days after an individual is hired. All offers of employment and continued employment are conditioned on furnishing satisfactory evidence of identity and legal authority to work in the United States.
4.21 Pre-employment Medical Examination. Each prospective employee shall be required to complete a pre-employment health questionnaire and, as determined by the City, take a pre-employment medical examination after receiving an offer of employment and before beginning his or her first day of duty. The medical 55 June 20, 2022 Item 11
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19 examination is provided by the City at its sole expense. Every offer of employment is contingent upon successful completion of the health questionnaire and/or medical examination by the prospective employee.
4.22 Reemployment - Medical Examination. Employees who are rehired following separation from City service shall be required to complete the medical examination process, as defined above; and shall complete a new initial probationary period in the same manner as other new employees.
SECTION 5 - APPOINTMENTS
5.01 Types of Appointments. Appointments to City service are divided into the following categories:
(a) Probationary. Shall be the appointment of a person to a regular position which the employee must serve a probationary period of a certain designated time span to demonstrate fitness for the position.
(b) Regular. Shall be the appointment of a person who has satisfactorily completed his/her probationary period to a regular position. (c) Acting. Shall be the temporary assignment of a regular or probationary employee to a higher level classification to fill a vacant position or to provide a replacement for an employee who remains on a leave of absence. Acting appointments may end at any time without advance notice or right of appeal. (d) Temporary. Shall be the appointment in one of the categories listed below of a person to a position intended to be occupied on an intermittent basis to cover increased workloads of limited duration, necessary vacation relief and other situations involving fluctuating staff:
(1) Extra Help Appointment. Any appointment not exceeding six (6) months, or, exceeding six (6) months but working less than 995 hours per fiscal year.
(2) Limited Term Appointment. Any appointment generally for a period of more than six months, but less than 18 months working more than 995 hours per fiscal year.
(3) Part-time Appointment. Any appointment generally for a period of a fiscal year working over 995 hours but no more than 1300 hours. (4) Emergency. To meet immediate needs of an emergency (i.e., civil disaster).
(5) Provisional. In the absence of individuals eligible or acceptable for appointment from appropriate eligibility lists, a provisional appointment may be made by the appointing authority of an individual who meets the 56 June 20, 2022 Item 11
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20 training and experience requirements for the position. Such an appointment shall be limited to one year duration. Extension beyond one year shall be subject to the approval of the City Manager. The City Manager shall specify the term of the extension. If the position is one that falls under representation by one of the City’s recognized employee associations, the appropriate association shall be informed of the extension. Such an appointment may be made during the period of suspension of an employee, or pending final action on proceedings to review suspension, demotion, or discharge of an employee. Provisional appointments may also be made under other circumstances deemed for the good of the service by the Personnel Officer. A provisional employee may be removed at any time without rights to a hearing. Provisional employees may accrue fringe benefits as specifically authorized by the City Manager.
Employees whose appointments are temporary, except as required by the Public Employees’ Retirement System (PERS) contract or as specified in these rules or by City Resolution or Ordinance, shall not be covered by the City's group insurance, disability, retirement, or other benefit programs; nor do they accrue vacation, holiday or sick leave benefits. Temporary employees are at will employees who serve at the pleasure of the appointing authority.
SECTION 6 - TRANSFERS AND ASSIGNMENTS
6.01 Administrative Transfers.
(a) Authorization to Transfer. The City Manager may authorize the transfer of an employee from one position in a department to another position of the same or comparable classification in another department. Any employee transferred to a different position shall possess the minimum qualifications for the position. (b) Reassignment Within Department. The Department Head may reassign an employee to another position in the same classification in the same department at any time.
6.02 Employee Reassignment/Transfer Requests.
(a) Reassignment. An employee who wishes to be considered for an open position within his or her present department must discuss the request directly with his or her Department Head.
(b) Transfer. If the open position is in another department, the employee must complete a transfer request form and file it with the Personnel Officer. Unless otherwise approved by the City Manager, employees will be considered for interdepartmental transfers only if the following conditions are met:
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21 (1) The employee must have completed a minimum of six months' continuous service in his or her current position;
(2) The employee's performance in his or her current position must be satisfactory or better;
(3) The employee must meet the minimum qualifications for the position to which the transfer is requested; and
(4) The employee's request must be approved by the employee's current Department Head, the new Department Head and the City Manager. (c) The employee's salary anniversary date shall not change upon transfer under this subsection.
6.03 Out-of-Class Assignment. (See Fire MOA for DMFFA)
(a) An out-of-class assignment is a temporary assignment of a regular employee to an established position at a higher level of pay which requires the employee to perform a majority of the duties of the higher classification. An out-of-class assignment may be made by the Department Head when a position is vacant or when an incumbent employee is absent for more than fourteen (14) days. Such an assignment shall be temporary and shall terminate when the position is filled by probationary or regular appointment, when the incumbent employee returns to work, or when the temporary assignment is discontinued. In no event shall an outof-class assignment exceed a period of six (6) months, unless an extension is approved by the City Manager.
(b) Authorization. An out-of-class assignment shall be recommended by the Department Head and approved in writing by the City Manager prior to being effective.
(c) Minimum Qualifications. A regular employee in an out-of-class assignment must be qualified to temporarily perform the work of the higher classification as determined by the appointing authority, but need not be qualified by examination or have standing on an Eligible List.
(d) Compensation. An employee in an out-of-class assignment shall receive the salary of the higher classification retroactive to the first work day after the time worked in the higher classification exceeds 14 fourteen consecutive days.
The employee shall be placed on the first step of the higher classification or on a step of the salary range of the higher classification which provides for a minimum of approximately a five (5) percent increase. A salary increase of more than five (5) percent may be authorized by the City Manager. Benefits of the higher classification are not available and the employee will continue to receive the benefits of the employee's regular position. If a Department Head determines that an employee will be required to work in an out-of-class assignment for a 58 June 20, 2022 Item 11
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22 significant period of time, the employee shall receive out-of-class pay starting on the first day of the assignment.
SECTION 7 - PROBATIONARY PERIOD
7.01 Objective. The probationary period shall be regarded as a part of the selection process and shall be utilized for the purpose of determining the employee's ability to perform satisfactorily the duties prescribed for the position and determining the employee's ability to work with other employees.
7.02 Length of Probation. All initial appointments shall be tentative and subject to a probationary period of actual City service. The probationary period shall not include time served under any temporary appointment. The length of probationary periods for initial appointments shall be twelve (12) months for all employees (2080 hours, 2912 for Fire). The probationary period for part-time employees shall be prorated on an hourly basis. The probationary period for promotional appointments shall be six months.
7.03 Extension of Probation. The probationary period of an individual employee may be extended by the City Manager, upon the request of the Department Head, for a period not to exceed an additional six (6) months. Approval of such extension by the City Manager shall be in writing with notification to the employee involved prior to the end of the probationary period.
7.04 Rejection During Probation. During the probationary period, an employee may be rejected at any time by the Department Head without cause and without the right of appeal. The Department Head shall notify the City Manager in writing of the intention to reject an employee during probation. Upon approval, the Department Head shall provide prompt notification to the employee involved.
7.05 Rejection Following Promotion. An employee rejected during the probationary period following a promotional appointment shall be reinstated to a position in the former classification from which the employee was promoted, provided such position is available. Provided however, that if the cause for not passing probation was sufficient grounds for termination, the employee shall be subject to termination without reappointment to the lower position. Such termination shall be subject to the Discipline Procedures as contained in the manual.
7.06 Promotion During Probation. While serving a probationary period, an employee may be promoted to a position in a higher class provided the employee is certified from the appropriate Eligible List in accordance with these rules. If an employee is promoted during a probationary period, the employee shall serve a new complete probationary period for the new class beginning with the date of appointment to the new class.
7.07 Leave During Probation. In the event a probationary employee takes an approved unpaid leave of absence of thirty (30) or more calendar days during his or her probationary period, the City Manager may, upon the recommendation 59 June 20, 2022 Item 11
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23 of the employee's Department Head, extend the probationary period for an equivalent period of time.
7.08 Completion of Probationary Period. Prior to the completion of the probationary period, the employee's supervisor shall complete, and the Department Head shall review and approve, a performance evaluation to ascertain whether the probationary employee may become a regular employee of the City.
SECTION 8 - CLASSIFICATION PLAN
8.01 Purpose. The purpose of the classification plan is to provide a complete and continuous inventory of all classifications in the City service and to provide accurate descriptions and specifications for each class. Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis.
8.02 Composition. The classification plan shall consist of groupings of positions by classifications which are approximately equal in difficulty and responsibility, consisting of the same general qualifications and which can be compensated with the same range of pay for similar working conditions. Classes shall be arranged in series whenever possible.
8.03 Content of Class Specifications. Each class specification shall include the title, a description of the duties and responsibilities of the work, and a statement of the minimum qualifications required of the person who is to perform the work.
8.04 Use of Class Titles. The class title shall be the official title of every position allocated to the class for the purpose of personnel actions and shall be used on all payrolls, budget estimates, official records, and reports relating to the position.
The Department Head may authorize the use of another working title for the purposes of internal administration or in contacts with the public.
8.05 Interpretation and Significance. The class specifications are not to be considered restrictive nor construed as limiting the duties and responsibilities of any position. They neither limit nor modify the authority of any City official to assign duties to, direct and control the work of employees in the City service.
However, no employee shall be required to perform duties of the position outside of the classification to which they have been appointed, except on a temporary basis. The class specifications are descriptive and explanatory of characteristic duties and responsibilities of positions in a class and, as such, they are to be interpreted in their entirety and in relation to other classes in the classification plan.
8.06 Maintenance of the Plan. The Personnel Officer shall be responsible for the maintenance of the classification plan. The Personnel Officer may allocate positions to the appropriate class and may make revisions in the classification plan which shall consist of additions, abolishments, consolidations, or 60 June 20, 2022 Item 11
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24 amendments to existing class specifications. The Personnel Officer shall be responsible for conducting classification studies or having studies conducted by qualified persons or companies outside City service of proposed new or existing positions in the City service when:
(a) Notified by the City Manager that new positions are being authorized. (b) Notified by a Department Head that the duties and responsibilities of a position or group of positions may be improperly classified or have undergone significant change.
(c) Periodically as a need arises to review a certain position or group of positions in the City service.
SECTION 9 - SALARY ADMINISTRATION AND ANNIVERSARY DATES
9.01 Anniversary Dates. For the purpose of salary administration and performance evaluations, each employee shall have an Anniversary Date which shall be determined as herein provided.
(a) For a new employee, the Anniversary Date shall occur the first day of the pay period closest to the date of probationary appointment to a regular position. (b) An employee’s anniversary date changes when any of the following occur:
(1) Merit Increase
(2) Promotion
(3) Reclassification to a higher classification
(4) Reinstatement
(5) Reemployment
(6) Disciplinary demotion
(c) An employee’s anniversary date does not change when any of the following occur:
(1) Non-disciplinary Demotion
(2) Transfer
(3) Reassignment
(4) Change in Salary Range Assignment, when remaining at same step in range.
(5) Reclassification to a lower classification
(6) Acting appointment
9.02 Anniversary Date Postponed. For each employee whose step advancement is postponed by their Department Head, the Anniversary Date shall be changed to the date to which the advancement is postponed.
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25 9.03 Step Advancements. Step advancements are merit increases. An employee must perform the duties of the position in a manner satisfactory to the Department Head to receive a step advancement.
Employees designated in the Management, Professional, and Confidential Employee Compensation Plan that are eligible for the Results Based Pay for Performance (PFP) Program shall be subject to compensation adjustments described in the PFP Program. Accordingly, this section shall not apply to such employees.
(a) Step Advancements authorized herein shall be made from each step to the next higher step within the limits of the appropriate salary range. No advancement shall be made without the written recommendation by the Department Head.
(b) Step advancements shall be made according to the following guidelines:
Normally, an employee shall be eligible for advancement from one step to another after serving time in the step in accordance with the following:
Step A - Six (6) Months
Step B - One (1) Year
Step C - One (1) Year
Step D - One (1) Year
9.04 Withholding of a Step Increase. Step increases may be withheld in the event that an employee's performance, as viewed by the Department Head, has been less than satisfactory. The denial of a step increase shall be in writing and shall be discussed with the employee along with the areas of his/her performance which need improvement and a time limit for the next review of performance.
If at the end of the time period, or any time prior, the employee's performance is determined to be acceptable and satisfactory, the step increase may be granted upon the recommendation of the Department Head. The effective date of that step increase shall then become the employee's new salary anniversary date.
9.05 Salary Upon Initial Appointment. Upon initial appointment with the City, an employee shall be placed in the first step of the salary range. However, if it is not practical or possible to hire qualified personnel at the first step, appointment at a higher step within the range may be authorized by the City Manager.
9.06 Salary Upon Reclassification. Any employee in a position which is reclassified with a different salary range shall be compensated at the step in the new salary range that does not result in a loss of pay. An employee in a position which is reclassified to a higher salary range shall be placed in a step of the new salary range for the new class which provides for a minimum increase of approximately 62 June 20, 2022 Item 11
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26 five (5) percent. If a minimum increase of approximately five (5) percent cannot be provided within the new salary range, the employee shall be placed at next higher step of the new range.
The salary of an employee whose position is reclassified to a classification with a lower salary range and whose salary is above the maximum of the new salary range shall be frozen at the salary of the old classification until such time as any general increase, inequity adjustment, or other salary increase brings the employee's monthly rate within the limits of the new range. This shall be referred to as "Y-rate". "Y-rates" are recommended by the Department Head and subject to the approval of the City Manager.
The provisions of this section shall not apply to employees designated in the Management, Professional, and Confidential Employee Compensation Plan that are subject to the PFP Program.
9.07 Salary Upon Promotion. Upon promotion, an employee shall be placed in the first salary step of the range for the new classification. If placement in the first salary step provides for a salary increase that is less than five (5) percent, the employee shall be placed in a salary step in the range for the new classification that provides for at least a five (5) percent increase.
Where an employee is promoted into a classification with a salary range that does not have salary steps, the employee will be placed at the salary range minimum or at a salary within the range that provides for a salary increase of five (5) percent, whichever is greater. A higher salary may be established with the approval of the City Manager.
An employee who, on his/her salary anniversary date, is promoted to a class with a higher salary range shall first receive any within range increase to which he/she is entitled, and then the higher step as provided in this section unless the advancement is by flexible staffing provisions. In the case of a flexible staffing advancement to a higher classification, the employee’s compensation shall be set at the step in the range of the higher classification that is equal to a one step increase overall.
9.08 Compensation on Reinstatement. An employee who resigned in good standing may, within two (2) years of such resignation and upon recommendation of the appointing authority, be reinstated without examination to a position in the class in which he/she previously had served. Upon such reinstatement, he/she shall receive not more than the step in the salary range he/she previously received prior to his/her separation and his/her anniversary date shall be based upon the date of reinstatement.
9.09 Compensation on Transfer. Any employee who is transferred from one position to another position in the same class, or to another position in a class having the same salary range, shall be compensated at the same step in the 63 June 20, 2022 Item 11
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27 salary range as he/she previously received and his/her salary anniversary date shall not change.
9.10 Compensation on Change in Range Assignment. Whenever a class is reassigned to either a higher or lower salary range by the City Council, the salary step of each incumbent in such class, on the date the reassignment is effective, shall be adjusted to the salary step in the new range that corresponds to the salary step he/she was receiving in the former range and he/she shall retain the same salary anniversary date. When a salary range reassignment becomes effective on the same date as an employee's salary anniversary date, he/she shall first receive any within range increase to which he/she is entitled and then receive the corresponding step adjustment.
9.11 Compensation Upon Demotion. The salary of an employee who is demoted to a position of a job classification with a lower salary than the job classification from which the employee was demoted shall be reduced to the salary step in the range for the new classification recommended by the Department Head and approved by the City Manager.
If a non-disciplinary demotion occurs, the employee is demoted to that salary in the dollar amount he/she would have received in that lower class if his/her services had been continuous in said lower class. He/she shall retain his/her current anniversary date.
9.12 Salary Plan. A Salary Plan shall be authorized by the City Council. This plan shall establish the salary range and salary steps for each position in the City.
9.13 Effective Date of Increases. For the purpose of administrative convenience, all annual merit increases, granted as provided above, shall take effect on the first day of the pay period in which an employee's anniversary date occurs.
9.14 Special Merit Increases. Upon the recommendation of the Department Head and the approval of the City Manager, an employee may receive a special merit increase. Such special merit increases are to provide recognition for truly exceptional performance beyond the normal expectations of the position. It shall not be necessary to prepare an employee performance evaluation, instead, the Personnel Officer shall prescribe the forms to be used in justification of a recommendation for special merit increases. (a) Employees who are below the top step in the range may be eligible for an early advancement of a step increase. The granting of a special merit increase shall change the employee's anniversary date.
(b) Employees who are at the top step of their range may be eligible for performance pay above the top of the range, subject to approval by the City Manager. In such cases, the recommending Department Head shall state the term of the special merit increase for final approval by the City Manager. The 64 June 20, 2022 Item 11
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28 duration of the special merit pay shall be for no longer than six (6) months unless extended by the City Manager.
(c) Removal of the bonus pay shall not be deemed disciplinary action unless the removal is directly connected to a transgression committed by the employee receiving the bonus.
9.15 Compensation - Probationary/Regular Part-time Employees.
Probationary/Regular part-time employees shall be paid the hourly equivalent of the monthly salary paid to a full-time employee in the classification to which they are assigned or paid according to the approved salary schedule for Miscellaneous, Part-Time, Temporary and Hourly Employees. They shall move through Steps A-J in their range when they have completed 500 hours of paid time and satisfactory performance, and move through Steps K-L when they have completed 800 hours of paid time and satisfactory performance.
9.16 Overtime.
(a) All non-exempt employees who are eligible for overtime shall receive overtime pay computed at one and one-half their regular rate for all hours authorized by the City and worked by the employee in excess of forty (40) hours worked in a work week. Fire employees who regularly work a schedule that averages fifty-six (56) hours per week shall receive overtime pay computed at one and one-half their regular rate for all hours authorized by the City and worked by the employee in excess of 182 hours worked in a twenty-four (24) consecutive day work period. Overtime hours shall be paid to the nearest quarter hour of time worked. Official City holidays and scheduled vacation shall be considered as actual hours worked for purposes of computing overtime eligibility.
Unscheduled vacation hours shall not count as hours worked for the purposes of calculating overtime under the FLSA.
(b) Overtime shall be authorized in writing by the employee's Department Head.
An employee not specifically exempt from the provisions of the Fair Labor Standards Act shall not begin work more than fifteen (15) minutes before their established schedule begins nor work longer than fifteen (15) minutes after it ends, unless specifically authorized by the appropriate supervisor. (c) Employees eligible for overtime pay may elect to receive compensatory time off (CTO) at time and one-half (1 1/2) in lieu of overtime pay. An employee may accrue and have a maximum current credit of one hundred and sixty (16O) hours of CTO. Fire employees who regularly work a schedule that averages fifty-six (56) hours per week may accrue and have a maximum current credit in an amount as set forth in the appropriate Memorandum of Agreement. (d) Exempt employees are not covered by the overtime provisions and are not eligible for overtime pay.
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29 9.17 Longevity Pay. Employees will receive a $200 one-time bonus after 15-years of service; a $250 one-time bonus after 20 years of service; a $300 one-time bonus after 25 years of service; and a $350 one-time bonus after 30 years of service.
SECTION 10 - GENERAL WORKING CONDITIONS
10.01 Work Schedules.
(a) The following provisions are intended to define the normal hours of work and shall not be construed as a guarantee of work per day or per week, or of days of work per week.
(b) Workday. The normal workday shall be eight (8) hours of work in a twentyfour (24) consecutive hour period, except for Fire personnel or in cases of emergencies. For Fire personnel, the normal workday shall be a twenty-four (24) hour period, beginning at 0800 and continuing until the next day, ending at 0800 hours (8 a.m. to the following 8 a.m.). Employees are expected to be at their work station, ready to begin work, at the beginning of their assigned shift, and to notify their supervisor as early as possible, but no later than fifteen (15) minutes after the beginning of their shift if they expect to be absent or tardy on any given day.
(c) Work shift. Employees shall be scheduled to work on regular work shifts having regular starting and quitting times. Except for emergencies, employees' work shifts shall not be changed without twenty-four (24) hours prior notice to the employee. Neither call-out nor overtime constitutes a change in the work shift. (d) Workweek. The normal workweek shall be five (5) work days and two (2) consecutive days of rest in a seven (7) consecutive day period, except for Fire personnel or in cases of emergencies, or at the specific request of an employee and approval of Department Head. For Fire personnel, the workweek shall average approximately fifty-six (56) hours per week over a one (1) year period. (1) FLSA Designation of Work Period for 9/80 Schedule. For all employees who work a 9/80 schedule (four nine-hour days per week and one eight-hour day every two weeks), their FLSA work week begins (for Payroll calculation purposes) exactly four hours after the start of each employee’s work day on the day of the week in which the employee has his/her alternating regular day off.
(e) Irregular/Flexible Work Schedules. The Department Head may authorize work schedules based on the operating needs of the department outside of the normal work schedule.
(f) Meal Period. Each regular full-time employee shall be entitled to an uninterrupted, unpaid meal period of a minimum of thirty (30) minutes and a maximum of sixty (60) minutes at or about the mid-point of their work day. The length of the meal period and the time the meal period is taken shall be 66 June 20, 2022 Item 11
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30 determined by mutual agreement. But if agreement cannot be reached, the determination shall be made by the City. Employees are entirely relieved of responsibilities and restrictions during their meal period, unless they have agreed, in writing, to work an on-duty meal period which will be treated as paid time.
(g) Rest Period. Employees shall be provided rest periods at the rate of fifteen (15) minutes for each four (4) hours worked. Rest breaks shall be considered paid work time.
(h) Emergency Assignments. Nothing herein shall be construed to limit or restrict the authority of the City to make temporary assignments to different or additional locations, shifts, or duties for the purpose of meeting an emergency.
For purposes of this manual, emergency shall mean an unanticipated circumstance which requires an immediate response. Such emergency assignments shall not extend beyond the period of said emergency. (i) All references to accrual or use of vacation, holiday or sick leave in this manual shall be interpreted as one (1) day being equivalent to eight (8) hours.
10.02 Call Back.
(a) Call back work is defined as work required by the City of an employee who, following completion of the employee's work day or work week and departure from the employee's work site, is unexpectedly ordered to report back to duty to perform necessary work. Employees who are called back shall receive a minimum of two (2) hours compensation at time and one half between 6 a. m. and midnight, and a minimum of four (4) hours compensation at time and one half between 12 midnight and 6 a. m.
(1) Employees in classifications represented by the Del Mar City Employee Association who are called back on official city holidays shall receive a minimum of two (2) hours compensation at double time between 6 a.m. and midnight, and a minimum of four (4) hours compensation at double time between 12 midnight and 6 a.m. (b) Whenever an employee is called back, the employee shall receive the minimum provided above or pay for hours actually worked, whichever is greater.
Hours worked shall be calculated beginning at the time the call back is received by the employee and ending when the employee is relieved of duty. (c) If an employee, who was called back to work and has completed his/her assignment and left work, is again called back to work, he/she will not receive another minimum if the time of return is within the previous call back minimum. (d) If an employee who is called back to work is required to work after midnight so that the employee's rest has been significantly affected, the employee shall 67 June 20, 2022 Item 11
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31 have sufficient sleep time to avoid safety problems at work on the following day.
The length of the sleep time shall be eight (8) hours or an alternative time determined mutually between the employee and the employee's supervisor.
Such sleep time shall be without loss of pay. If eight (8) hour rest time results in the employee working less than four (4) hours on the next scheduled shift, the employee shall not report to work the next working day, and shall be paid fatigue time for any hours short of 40 regular hours at the employee’s regular pay rate.
10.03 Standby Duty.
(a) Standby duty is defined as that circumstance which requires an employee assigned by the City to:
(1) Be ready to respond immediately to a call for service; (2) Be readily available at all hours by telephone or other agreed upon communication equipment; and
(3) Refrain from activities which might impair his/her assigned duties upon call.
(b) With the approval of the City Manager, a Department Head may assign an employee or employees to standby duty. Such assignments shall be in writing. (c) An employee assigned by the City to standby duty shall be compensated in accordance with the provisions of a Memorandum of Agreement between the City and a Recognized Employee Organization if such memorandum so provides.
(d) Where an employee is on Standby Duty and the employee is required to perform duties by phone or computer that may have otherwise been performed on a job site or at City facilities, the employee shall receive compensation at time and one-half in increments of not less than fifteen (15) minutes of actual time worked.
10.04 Meal Allowance.
(a) If an employee is unexpectedly officially ordered to work at least two (2) hours immediately following his/her normal workday, under conditions that do not allow the employee to go home for a meal, the City shall either provide a meal, or the employee may claim reimbursement for a meal allowance of up to ten dollars ($10.00).
(b) For the purpose of this provision, "unexpectedly ordered" means the order was given on the same day the employee had to perform the work. (c) Employees may not leave the work site to eat unless specifically authorized by their supervisor to do so.
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32 10.05 Tuition Reimbursement.
(a) The tuition reimbursement program is intended to:
(1) Encourage employees to continue their education in order to meet present and future needs of City service.
(2) Increase effective work performance and employee efficiency. (3) Facilitate promotion from within.
(4) Attract to City service persons of superior ability and potential for advancement.
(b) Eligible Courses. Courses must relate to the employee's job assignment or be job oriented, and must be offered by a qualified training institution. In general, qualified training institutions are those colleges or universities which offer accredited course work transferable to other academic institutions. However, professional skills-building workshops, institutes or seminars which are not usually transferable will be covered if they provide continuing education units or are offered by an institution recognized by a specialized accrediting body in a professional field. Any other professional training not offered by an accepted accredited or licensed agency must be offered by or under the direction of a recognized professional organization in the applicant’s occupational field.
Training programs, such as workshops, institutes, seminars and symposia which do not meet the above criteria and which are not intended for academic advancement are not covered under the program. These courses may be attended on City time at the discretion of the Department Head, and at City expense, which is budgeted for and administered by the employee's department. (c) Courses must be taken on the employee's own time unless otherwise authorized by the Department Head and the City Manager. (d) Each employee shall be eligible for a maximum reimbursement each year from said fund, subject to availability of monies remaining in said fund. The individual employee yearly (fiscal year) maximum shall be $1000 provided funds are available.
(e) Reimbursement will be made in the following manner:
(1) Prior to enrolling in a course, an employee must secure Department Head approval that the course work is job related and submit to the department a proposed estimated expenditure request.
If the Department Head denies an employee request, the employee may appeal the denial to the City Manager.
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33 (2) Upon conclusion of the course work, the employee must submit proof of a "C', "pass" or other appropriate notice of successful course completion to his/her Department Head along with an expenditure claim for tuition, books, or other required course materials.
10.06 Mileage Allowance.
(a) Employees shall be reimbursed at the maximum allowable exempt rate of reimbursement provided by the Internal Revenue Service for the authorized use of their private vehicle on City business. Employees shall also be reimbursed for parking fees paid while using their vehicle on City business. (b) An employee who uses his/her automobile for City business must maintain the minimum automobile insurance coverage required by the State of California.
Written verification confirming such insurance shall be provided to the City.
10.07 Holidays.
(a) The City shall recognize the following days as official City holidays, and all employees, except temporary employees, normally scheduled to work on these days will be given the day off with pay.
Holiday Day Observed
New Year's Day January 1
Martin Luther King Day 3rd Monday in January
Washington's Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Friday after Thanksgiving
Christmas Eve December 24
Christmas Day December 25
New Year's Eve December 31
Two Eight-Hour Floating Holidays
(b) If one of the holidays listed above falls on a Sunday, then it shall be observed on the following Monday. If one of the holidays listed above falls on a Saturday, then it shall be observed on the previous Friday.
(c) When a day is proclaimed by the Mayor of the City for a public fast, Thanksgiving, day of mourning, or holiday, then each employee shall be granted time off with pay for their regular scheduled hours.
(d) A non-exempt employee who works on the day a holiday is observed, as provided above, shall be paid for the holiday, just as all employees are paid for 70 June 20, 2022 Item 11
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34 the holiday and, in addition, the non-exempt employee shall be compensated for the hours he/she actually works on the holiday. Such compensation shall be either cash or compensatory time off, at the employee's option. (e) To be eligible for holiday pay, the employee must work on the last regularly scheduled work day preceding the holiday and the first regularly scheduled work day following the holiday, unless the absence is approved by the Department Head in advance, or the employee is in a paid time leave status. An employee on vacation shall not be charged vacation time for a holiday that falls during the vacation period.
(f) Employees working a 9/80 Schedule will receive 9 hours for a Recognized Holiday that is observed on a 9-hour work day and shall receive 8 hours for a Recognized Holiday that is observed on an 8-hour work day.
10.08 Resignation and Final Paycheck.
(a) For an employee to resign City service in good standing he/she shall file with their Department Head, at least two (2) weeks before leaving, a written resignation stating the effective date and reason for leaving. Failure of the employee to comply with this provision may be cause for denying future employment with the City. The resignation is final when accepted by the Department Head.
(b) Employees will receive their final paycheck on the regular payday for the pay period in which they resign. If an employee resigns with at least two (2) weeks advance notice, upon request, the employee may receive their final paycheck on their final day of employment. City property, such as keys, tools, and equipment, must be returned by the employee prior to the final paycheck being released.
10.09 Personnel Records.
(a) An employment history for each employee in City service will be maintained by the City. The personnel file shall include dates of service, positions held, salary history, and other information as may be deemed appropriate and/or required by law.
(b) The personnel file of an employee will be open for inspection by the employee or his/her representative who is authorized in writing to inspect the file during business hours by appointment. The employee will have access to all contents of the file except those materials which are a part of the employment/selection process and material designed confidential by law. A copy of the material in the personnel file will be provided to the employee upon request.
10.10 Performance Evaluations.
(a) Except for employees serving their probationary period, all employees in City service shall have their performance evaluated by the Department Head or by 71 June 20, 2022 Item 11
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35 the supervisor designated for this purpose at least annually on a cycle determined by the Department Head and approved by the City Manager. The employee's supervisor shall review the findings of the evaluation with the employee and sign the evaluation report before forwarding the evaluation to the Department Head. A copy of the completed evaluation shall be provided the employee and a copy shall be placed in the employee's personnel file. (b) Employees serving their probationary period shall have their performance evaluated in the same manner as prescribed for regular employees.
Probationary employees shall be evaluated prior to the end of the probationary period, or at different intervals as determined by the City Manager.
10.11 Personal Telephone Use. Employees are encouraged to keep all personal phone calls to a minimum. Friends and relatives should be discouraged from calling during working hours unless there is an emergency. Personal calls should be made during break periods or lunch whenever possible. Personal long distance or toll calls are to be charged to the employee's own telephone number or long distance calling card.
10.12 Dress and Grooming Standards.
(a) Employees are expected to utilize good judgment in determining their dress and appearance. Clothing and appearance should be neat, clean, in good business taste, and not constitute a safety hazard.
(b) Certain positions within City service require that a uniform be worn. The uniform identifies the individual as a City employee. Uniforms should always be neat and clean. Uniforms furnished by the City are to be worn during regular working hours and may be worn to and from work, but they are not a substitute for personal attire.
SECTION 11 - Leave of Absence Provisions
11.01 Vacation Leave (Not Applicable to Management and Professional Employees).
(a) The City believes that its employees and the City benefit when employees have scheduled time away from work for relaxation and recreation. In order to provide for such absence without concern for continuation of pay, the City has adopted the following paid vacation leave plan.
(b) Paid vacation leave shall be accrued on a hourly basis as follows:
YEARS OF SERVICE GENERAL
0-3 completion years 10 days/yr or 3.08 hrs/pp
4-10 completion years 15 days/yr or 4.62 hrs/pp
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36 11+ years 20 days/yr or 6.15 hrs/pp
YEARS OF SERVICE FIRE
0-3 completion years 114.5 hrs/yr or 4.404 hrs/pp
4-10 completion years 171.75 hrs/yr or 6.606 hrs/pp
11+ years 229 hrs/yr or 8.808 hrs/pp
(c) The maximum vacation accrual for all non-management/professional employees is 380 hours. Employees who have exceeded the maximum shall again begin to earn vacation when their balance is reduced below the maximum accrual.
(d) Vacation leave shall be taken at the time approved by the Department Head. (e) Vacation shall not include any official City holidays which occur during the scheduled vacation period.
(f) Vacation usage may not exceed the accrued vacation balance as of the prior pay period.
(g) Upon termination of employment with the City, an employee shall receive pay for his/her current vacation leave balance at his/her current base hourly rate. (h) Employees may cash out up to 40 hours of vacation leave per year, based on an equal number of vacation hours taken, and provided that a minimum of 80 hours is remaining in the employees vacation leave bank.
11.02 Sick Leave for Full-Time Employees.
(a) The City provides a sick leave program for the purpose of minimizing the economic hardships that may result from an unexpected personal or dependent illness or injury. Sick leave should not be viewed as a right, but rather it is a privilege of paid time away from work duties where such absence is necessary.
(b) Accrual. Sick leave shall be accrued at the rate of eight (8) hours for each calendar month of service. Fire employees who regularly work a schedule that averages fifty-six (56) hours per week shall accrue sick leave at the rate of 11.6 hours for each calendar month of service. There shall be no limit to the amount of sick leave that an employee may accumulate.
(c) Use.
(1) Sick leave may be used for personal illness or injury, emergency or routine medical or dental appointments, including pregnancy as provided in the Maternity Leave subsection, and for reasonable travel time to and from health care facilities.
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37 (2) In accordance with the Healthy Workplaces, Healthy Families Act of 2014 (“California Paid Sick Leave Law”), an employee may use three (3) days or 24 hours of accrued paid sick leave in a 12-month period for any of the following reasons:
(a) For the employee’s own diagnosis, care, or treatment of an existing health condition or preventative care.
(b) For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including:
i. Child (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee
stands in loco parentis).
ii. Spouse or Registered Domestic Partner
iii. Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the
employee’s spouse or registered domestic partner, or a
person who stood in loco parentis when the employee was a minor child).
iv. Grandparent.
v. Grandchild.
vi. Sibling.
(c) To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:
i. A temporary restraining order or restraining order.
ii. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.
iii. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
iv. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
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38 v. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
vi. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor’s appointment scheduled in advance). If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable.
(d) Family Care. Up to twenty-four* hours of sick leave may be used per calendar year to care for members of the employee's immediate family who is ill or injured. Immediate family means: child, parent, spouse, step-parent, domestic partner, and any other family member living in the same household as the employee.
*State law provides that one-half of annual sick leave accrual may be used for dependent care.
(e) Personal Leave. Employees have the option of taking a maximum of up to three (3) days sick leave each year as personal leave days. An employee may take personal leave if the employee has a current sick leave balance that is at least equal to the number of personal leave days the employee opts to take.
Employees are required to obtain approval from their Department Head prior to taking personal leave.
(f) Sick Leave Transfer. The purpose of this provision is to provide a means of alleviating personal financial hardship for employees who are suffering from a long-term catastrophic illness or injury, or desire to care for immediate family members suffering from such an illness or injury.
Under this provision an employee may transfer the monetary value of existing accrued sick leave hours, in eight hour increments, to another employee who is on an authorized unpaid leave of absence and who has exhausted or will exhaust available leave balances. An employee may transfer sick leave to another employee provided the donating employee has a remaining sick leave balance of at least one-hundred and twenty (120) hours.
The donated sick leave shall be the property of the City until distribution. The monetary value of the donated sick leave will be placed into an account administered by the Finance Director. The funds shall be distributed to the receiving employee so as to maintain the receiving employee's regular pay. Said payments shall be subject to payroll taxes and authorized payroll deductions, but 75 June 20, 2022 Item 11
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39 shall not be treated as time worked for the accrual of vacation, sick leave or other accruals or credits.
Any donated hours not used by the receiving employee will remain in the transfer account for use by other needy employees.
Sick leave transfers are subject to the approval of the City Manager. An employee in need of a sick leave transfer in accordance with this provision shall make written application to the City Manager via their Department Head. The written request should outline the anticipated period of extended leave and the required sick leave hours.
Every effort will be made to assure that no pressure, either implicit or explicit, is placed on any employee by any other employee to make a donation or participate in a sick leave transfer.
(g) Sick Leave Conversion (Not Applicable to Management and Professional Employees). Employees who have a sick leave balance of 120 hours and who use 48 hours or less in a calendar year may convert the difference between 72 hours and the actual hours used from sick leave hours to vacation at a rate of one (1) vacation hour for two (2) sick leave hours. The conversion of sick leave to vacation shall be made during the month of January each year.
Converted vacation hours shall not be counted in an employee's accrued vacation balance when determining the maximum vacation accrual. Converted vacation hours in excess of the maximum vacation accrual must be used during the calendar year.
(i) If an employee separates from employment with the City and is re-hired by the City within one year of the date of separation, previously accrued and unused paid sick leave hours shall be reinstated not to exceed 48 hours of accrued leave.
However, if a rehired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the City before any paid sick leave can be used (j) Short Term Disability Insurance Benefits. Covered employees qualifying for Short Term Disability Insurance benefits (for non-industrial injuries/illnesses) may elect to coordinate Short Term Disability Insurance benefits with unused sick leave, such that the employee receives his/her usual gross salary.
(k) In accordance with section 11.14 Family Medical Leave subsection (h) and the California Family Rights Act (CFRA) an employee may use their accrued sick leave balance for the care of a child, spouse or parent for a qualified serious health condition or in connection with the birth, adoption, or foster care of a child if mutually agreed upon by the City and the employee.
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40 11.02.1 Sick Leave for Part-Time, Temporary, Seasonal Employees (a) The following policy applies only to Regular Part-time Employees, Temporary Employees, and Seasonal Employees.
(b) Effective July 1, 2015, as required by the California Paid Sick Leave Law the City of Del Mar will provide paid sick leave to Regular Part-time, Temporary, and Seasonal Employees as follows:
(1) An employee begins to accrue paid sick leave at the rate of one (1) hour of paid sick leave for every thirty (30) hours worked beginning on the first day of employment. An employee is not eligible to begin using any accrued paid sick leave until after 90 days of employment with the City. (2) An employee is only allowed to use up to a maximum of three (3) days or 24 hours of paid sick leave in a 12-month period. (3) An employee can only accrue paid sick leave up to a cap of six (6) days or 48 hours ongoing. Any unused accrued paid sick leave does carryover year to year while continuously employed up to the cap. An employee stops accruing sick leave when the cap is reached and will begin to accrue sick leave again when the total amount of accrued sick leave falls below the cap.
(4) An employee may use up to three (3) days or 24 hours of accrued paid sick leave in a 12-month period for any of the following reasons:
(a) For the employee’s own diagnosis, care, or treatment of an existing health condition or preventative care.
(b) For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including:
i. Child (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis).
ii. Spouse or Registered Domestic Partner.
iii. Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the
employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child).
iv. Grandparent.
v. Grandchild.
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41 vi. Sibling.
(c) To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:
i. A temporary restraining order or restraining order.
ii. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.
iii. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
iv. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
v. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
vi. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. (c) An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor’s appointment scheduled in advance). If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable. (d) An employee who uses paid sick leave must do so in minimum increments of two hours of sick leave.
(e) Paid sick leave will not be considered hours worked for purposes of overtime calculation. An employee will not receive compensation for unused accrued paid sick leave upon termination, resignation, retirement or other separation from employment from the City.
(f) If an employee separates from employment with the City and is re-hired by the City within one year of the date of separation, previously accrued and unused paid sick leave hours shall be reinstated to the extent required by law. However, if a rehired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the City before any paid sick leave can be used.
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42 11.03 Bereavement Leave.
(a) Employees may have three (3) work days leave of absence for each death in their immediate family for the purpose of bereavement, and for the arranging of and attendance at, the funeral. Immediate family means: Spouse, child, parent, sibling, grandparents, aunt, uncle; the aforementioned either natural, step or inlaw, or any person over which the employee acts as legal guardian. (b) If an employee must attend a funeral more than five hundred (500) miles from the City, or if the death is to a member of the employee's extended family, then the employee has the option to use up to three (3) days of sick leave from his/her current sick leave balance in addition to any leave provided above. (c) The employee may be required to submit proof of relative's death before final approval of leave with pay is granted.
11.04 Jury Duty. An employee ordered by the Court to serve on jury duty shall receive paid time while serving such duty, if the employee deposits any fees for services, other than mileage, with the City. Any employee who is released from jury duty with three (3) hours or more remaining in his/her work day shall report back to work.
11.05 Witness Duty.
(a) An employee who serves as a witness within the line of duty, or on a case related to the employee's duties, will receive paid time for such service. (b) An employee required to be absent from work by a properly issued court subpoena which compels the employee's presence as a witness, unless the employee is a party or an expert witness, shall receive release time to comply with such subpoena.
(c) To receive paid time as provided above, the employee shall deposit with the City any witness fees actually received, except mileage. (d) An employee who serves as a witness within the line of City duty, or on a case related to the employee's job, on a day that is a regularly scheduled day off, shall be paid at the employee's base hourly rate or at time and one-half, if the employee otherwise qualifies for overtime compensation, for all hours the employee actually is required to be in Court.
11.06 Maternity Leave.
(a) An employee disabled by pregnancy, child birth, or related medical condition shall be granted leave for the duration of the disability, as needed for all disabilities related to each pregnancy. An employee may utilize time from her accrued vacation balance or accrued sick leave balance to cover the period of her absence.
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43 (b) An employee who plans to take maternity leave shall give the City reasonable advance notice, and an estimate of the duration of her absence. If the employee returns to work, at the end of disability, the employee shall be placed in her same job.
(c) The employee shall notify the City at least five (5) working days prior to her return from maternity leave of her intention to return to work, and provide the City with satisfactory written verification from a physician or other licensed health care practitioner that her disability has ceased.
11.07 Authorized Unpaid Leave.
(a) An employee may be granted up to thirty (30) days of unpaid leave of absence at the sole discretion of the City. Unpaid leave shall be granted only for compelling reasons if operational requirements permit such absence. Leave without pay shall not be granted unless the employee has already used all appropriate paid leave.
(b) An unpaid leave may be extended beyond thirty (30) days with the approval of the Department Head and the City Manager.
11.08 Unauthorized Leave of Absence Without Pay. Failure on the part of an employee to return to duty from any authorized leave or to report to duty as scheduled or ordered shall be an unauthorized leave of absence without pay.
Failure to return or report to duty within twenty-four (24) hours after notice to return shall be cause for discharge. Notice to return to work shall have been made when the employee receives direct verbal notice to return to work from an authorized employee or when a written notice is personally delivered to the employee or when written notice with return receipt requested by Certified Mail, addressed to the employee's last known place of address, has been deposited in the United States Mail.
11.09 Military Leave.
(a) Military leaves of absence are authorized, except as provided below, without pay. In order to be eligible, employees must submit written verification from the appropriate military authority. The City will reinstate employees returning from military leave to their same position or one of comparable seniority, status and pay if they:
(1) Have a certificate of satisfactory completion of service; (2) Apply within 90 days after release from active duty or within such extended period, if any, as their rights are protected by law; and (3) Are qualified to fill their former position.
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44 (b) Exceptions to this policy will occur whenever necessary to comply with applicable laws.
(c) An employee who has more than twelve months service with the city and who is on temporary military duty ordered for the purposes of active military training, encampment, naval cruises, special exercises, or like activity shall be on leave with pay for the first thirty (30) days of such leave provided the temporary military duty does not exceed 180 calendar days. Inactive duty, such as scheduled reserve drill periods, is not considered as active military duty and does not qualify. Leave with pay shall not exceed thirty (30) calendar days in any one fiscal year.
11.10 Medical Leave - Non-occupational.
(a) Employees, other than temporary employees and probationary employees, who are temporarily disabled and unable to work due to a personal illness or injury, will be granted a medical leave of absence.
(b) Medical leaves will be authorized on the basis of a physician's written statement that the employee is no longer able to work due to a medical disability. (c) An employee who is granted a medical leave of absence must utilize any accrued sick leave, and vacation benefits , in that order, during the initial period of the leave. (Accrued compensatory time may be used but is not required per the Fair Labor Standards Act.) Family care leave shall run concurrently with any paid leaves of absence, unless excepted as set forth in section 11.14(h)(2). Any portion of a leave that occurs after all sick leave, vacation benefits and compensatory time off have been exhausted shall be without pay. The total period of all absences related to the same medical condition shall be considered part of the same leave and may not exceed six (6) months. Paid and unpaid portions of a leave shall be added together for purposes of the six (6) month limitation.
(d) An employee who plans to take a medical leave must provide the City with reasonable notice of the date the leave will commence, the estimated duration of the leave, and the expected date of return to work. When an unplanned medical condition or emergency occurs that does not allow the employee to provide advance notification of the need for a medical leave, the employee must notify the City of the situation at the earliest possible time. The City may require periodic confirmation of the need for continued leave.
(e) Employees returning to work after any medical leave must have a written release from a physician verifying that they are able to return to work and safely perform their duties.
(f) Unless the leave of absence is family care leave, the City will continue to pay group insurance premiums only for the first thirty (30) days of an approved medical leave of absence. If an employee is on leave for a period in excess of 81 June 20, 2022 Item 11
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45 thirty (30) days, it is the employee's responsibility to pay the premiums for the balance of the leave. The employee must arrange for all payments of insurance premiums before going on leave. Failure to do so will result in termination of benefits on the thirty- first (31st) day of the leave and the employee will be treated as a new employee upon return from the leave for reinstatement of benefits. If the employee is on family care leave the City will pay the family care cost of group insurance.
(g) The City Manager may grant an exception to the six (6) month limitation to reasonably accommodate employees unable to perform the essential functions of their job as a result of a physical or psychological disability.
11.11 Industrial Disability Leave.
I. Non-Public Safety and Lifeguards:
(a) The City shall provide Workers' Compensation benefits for all employees as required by State Law.
(b) An employee absent from work as a result of injury or illness covered by Workers' Compensation shall utilize sick leave for the first three (3) calendar days of industrial disability leave. Beginning on the fourth calendar day of absence from work for industrial disability leave, the employee shall be paid accrued sick leave to supplement any due temporary disability benefits up to an amount which results in the employee receiving his/her usual gross salary.
If the employee has not accrued sick leave or if the employee depletes his/her sick leave accrual during the industrial disability leave period, the employee shall be given the option of utilizing his/her accrued vacation and/or compensatory time to supplement any due temporary disability benefits or shall be placed on industrial disability leave without pay. The City will pay its share of employee and dependent group insurance premiums. During a period of industrial disability leave without pay, any due temporary disability payments will be made directly to the employee from the City or from the City's adjusting firm and no City payroll check will be issued to the employee. During this period, all payroll deductions will be suspended; retirement contributions by the City will also be suspended.
(c) The City will retain employees on an extended leave of absence for workrelated disabilities until one of the following situations occurs:
(1) The employee is released by a physician for full or partial duty. (2) The City receives medical evidence satisfactory to it that the employee will be permanently unable to return to work.
(3) The employee directly or indirectly informs the City (i.e., by accepting other employment, moving out of the state, etc.) that he/she does not intend to return to the City's employ.
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46 (4) The employee has been on industrial disability leave for a period of eight (8) months.
(d) An employee who returns to work at the end of his/her leave of absence will be returned to his/her former position, if possible, or will be offered the first available opening in a comparable position for which he/she is qualified. The employee must provide a physician's statement that indicates that he/she is fit to return to the position designated for the employee.
II. Public Safety (Fire) Employees:
(a) The City shall provide Workers' Compensation benefits for all employees as required by applicable State Law for public safety employees. (b) The City will pay its share of employee and dependent group insurance premiums during an industrial disability leave.
(c) Sick leave shall not be used for industrial disability leave or upon receipt of an industrial disability retirement from the Public Employees' Retirement System.
11.12 Termination for Medical Reasons. If any employee is determined, through review of medical evidence, to be physically or psychologically disabled to perform the duties of his/her position due to industrial injury/illness, the employee may be terminated for inability to perform the duties of his/her position. Such termination may occur after eight (8) months (twelve months for public safety employees) of cumulative industrial disability leave or earlier if the medical evidence indicates that the disabling medical/psychological condition is permanent and stationary. The City will make such efforts to place the disabled employee in such a position where his/her disability will not affect the performance of duties or endanger him/herself or others. Termination for reasons of medical or psychological disability shall be preceded by written notification to the employee of the intent to terminate and citing the medical/psychological reasons for the termination. If, within ten (10) City Hall working days, the employee so requests, the Department Head shall provide an opportunity for the employee to respond to the psychological/medical findings in writing or orally and such response shall be considered before taking any action. A written decision shall be provided to the employee within ten (10) City Hall working days following receipt of the employee's response.
The decision of the Department head may be appealed to the City Manager or Hearing Officer pursuant to the procedures applicable for the appeal of a dismissal. The decision of the City Manager shall be final.
11.13 Time Off to Vote. Employees who are voters may request time off to vote at an election if the employee does not have sufficient time outside of his/her regular working hours to vote. The employee may, without loss of pay, take up to two (2) hours of time off to vote. The time off for voting shall be only at the beginning or the end of the regular work shift, whichever allows the most free time to vote 83 June 20, 2022 Item 11
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47 and the least time off from work. The employee shall give his/her supervisor at least two (2) working days notice of the need for time off to vote.
11.14 Family Care Leave
(a) The purpose of this policy is to implement the provisions of the California Family Rights Act (CFRA) of 1991, as amended, and the Family and Medical Leave Act (FMLA) of 1993. Where there are differences between the state and federal acts the more generous requirements of the two have been extended to City employees. If any provisions of this policy are inconsistent with the state and federal acts and their enabling regulations the acts and regulations shall supersede this policy.
(b) Employees with more than one (1) year of continuous service with the City, who have worked at least 1,250 hours during the previous year, may take up to twelve (12) workweeks of leave in a 12-month period because of: 1) the birth of a child or the placement of a child for adoption or foster care; 2) the employee is needed to care for a family member (child, spouse, or parent and in circumstances when the employee qualifies for CFRA to care for a child, spouse, parent, domestic partner, grandparent, grandchild or sibling) with a serious health condition; 3) the employee's own serious health condition makes the employee unable to do his/her job. Entitlement to leave for the birth or placement of a child for adoption or foster care expires twelve (12) months after the birth or placement. (c) Definitions.
(1) 12-Month Period. 12-Month Period means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken.
(2)Child means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability including a biological, adopted, foster or step-child, legal ward, or a child of a person standing in loco parentis. In circumstances where an employee’s leave qualifies for CFRA, child means a biological, adopted, or foster child, a step child, a legal ward, a child of a domestic partner or a person to whom the employee stands loco parentis including any adult child over the age of 18.
(3) Incapable of Self Care. A child is incapable of selfcare if he/she requires active assistance or supervision to provide daily self-care in three or more of the activities of daily living or instrumental activities of daily living such as, caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, etc.
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48 (4) Parent. Parent means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law.
(5) Spouse. Spouse means a husband or wife as defined or recognized under California State law for purposes of marriage.
(6) Domestic Partner. Domestic partner has the same meaning as defined in section 297 of the California Family Code.
(7) Grandparent. Grandparent means a parent of the employee’s parent. (8) Grandchild. Grandchild means a child of the employee’s child. (9) Sibling. Sibling means a person related to another person by blood, adoption, or affinity through a common legal or biological parent. (10) Serious Health Condition. Serious health condition means an illness, injury impairment, or physical or mental condition that involves:
(a) Inpatient Care. Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery there from); or
(b) Continuing Treatment by a Health Care Provider. A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
(i) A period of incapacity (i.e., inability to work, or perform other regular daily activities due to serious health condition of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same
condition, that also involves:
1. Treatment two or more times by a health care
provider, by a nurse or physician's assistant under
direct supervision by a health care provider, or by a
provider of health care services (e.g., a physical
therapist) under orders of, or on referral by a health
care provider; or
2. Treatment by a health care provider on at least one
occasion which results in a regimen of continuing
treatment under the supervision of the health care
provider. This includes for example, a course of
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49 prescription medication or therapy requiring special equipment to resolve or alleviate the health condition.
If the medication is over the counter, and can be
initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.
(ii) Any period of incapacity due to pregnancy or for prenatal care. (This entitles the employee to FMLA leave, but not CFRA leave. Under California law an employee disabled by pregnancy is entitled to pregnancy disability leave.)
(iii) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
1. Requires periodic visits for treatment by a health
care provider, or by a nurse or physician's assistant
under direct supervision of a health care provider;
2. Continues over an extended period of time (including recurring episodes of a single underlying condition);
and
3. May cause episodic rather than a continuing period
of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
Absences for such incapacity qualify for leave even if
the absence lasts only one day.
(iv) A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.
The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by a health care provider.
(v) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.
(d) A leave granted under this provision will normally be leave without pay except that an employee must exhaust accrued sick leave, vacation or other accrued time off prior to leave without pay. At the request of an employee and with prior approval of the City Manager, an employee may retain and not use accrued sick 86 June 20, 2022 Item 11
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50 leave in connection with a leave for the care of a new-born, adopted or foster care child or to care for a family member with a serious health condition. (1) Employees in classifications represented by the Del Mar City Employees Association may retain up to 40 hours of accrued paid leave after a Family Leave.
(e) Family care leave may be used in one or more increments, but shall not exceed a total of twelve (12) workweeks of leave in a 12-month period measured backward from the date leave is used. A leave for the care of a new-born, adopted or foster care child shall be taken on a continuous basis in increments of not less than two (2) weeks, with an exception for shorter increments on at least two occasions, in accordance with the California Code of Regulations, Title 2, Section 11090. An employee may request intermittent leave in one-day increments for the care of a seriously ill family member; or for the treatment of a serious health condition of the employee. A reduced leave schedule (i.e. a work schedule that reduces the number of hours per workweek or workday) may be established where medically necessary for an employee to care for a seriously ill family member; or for the treatment of a serious health condition of the employee. (f) Unless the need for family care leave arises out of an unforeseen emergency, employees requesting leave will be expected to provide reasonable advance notice of the need for leave and, at a minimum, written notice of five (5) working days. Failure to provide advance notice may be cause for delaying the effective date of the leave. The City may require employees requesting family care leave for the care of a seriously ill family member, or for the treatment of a serious health condition of the employee to provide medical verification of the illness. Such verification should include a statement that the condition warrants the attention of the employee and an estimate of the period of time needed for the care.
(g) Where both parents are employed by the City and both are eligible for family leave, each employee is entitled to twelve (12) workweeks of leave in a 12-month period if leave is for the birth or placement for adoption or foster care of the employees' child, or to care for a seriously ill parent. The City may, but is not required to, grant simultaneous leave to both employees. (h) Substitution of paid accrued leaves. While on leave under this policy, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting family care and may also require an employee to use family care leave concurrently.
(1) Employee's Right to Use Paid Accrued Leaves Concurrently With Family Leave. Where an employee has earned or accrued paid vacation, administrative leave, compensatory time, or personal or family leave, that paid leave may be substituted for all or part of unpaid family 87 June 20, 2022 Item 11
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51 care leave under this policy. As for sick leave, an employee is entitled to use sick leave concurrently with leave under this policy if:
(a) The leave is for the employee's own serious health
condition; or
(b) The leave is needed to care for a parent, spouse or child with a serious health condition, and would be permitted as sick leave under the City’s sick leave policy and is mutually agreed upon by the City and the employee.
(c) The leave is needed in connection with the birth,
adoption, or foster care of a child and is mutually agreed upon by the City and the employee.
(2) City’s Right to Require an Employee to Use Paid Leave When Using Family Care Leave. Employees must exhaust their accrued leaves concurrently with family care leave with two exceptions:
(a) Employees are not required to use accrued
compensatory time earned in lieu of overtime earned
pursuant to the Fair Labor Standards Act; and
(b) Employees will only be required to use sick leave
concurrently with family care leave if the leave is for the employee's own serious health condition.
(i) Employees on family care leave will be eligible to continue medical and dental insurance coverage and other group coverages as if the employee were in a regular pay status. The City will pay the premiums necessary to maintain coverage as if the employee remained in a paid status. If an employee elects to maintain insurance coverage while on family care leave and there is normally a payroll deduction, the employee shall pay the premiums in advance in accordance with the requirements necessary to maintain coverage. For the period of family care leave in a paid status, if any, the employee will continue to accrue vacation, sick leave and holidays.
(j) Family care leave shall not constitute a break in service for seniority or any employee benefits. An employee on family care leave without pay for thirty (30) consecutive calendar days, or major fraction thereof, or more, shall have their anniversary date adjusted to reflect the time absent without pay. Employees on probation will have their probationary period extended by the length of time on family care leave.
(k) The employee shall cooperate with the City in scheduling his/her date to return to work, and, whenever possible, shall give the City at least thirty (30) days advanced notice of availability. Upon return from leave, the City shall restore the employee in his/her previous position or a comparable position provided the 88 June 20, 2022 Item 11
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52 employee gives the City thirty (30) days advanced notice. Where the leave was for the treatment of a serious health condition of the employee the City may require the employee to provide medical verification of fitness for duty. (l) The City follows all applicable specified requirements of the CFRA and FMLA in circumstances where an employee requires family care and medical leave and is a qualified military service member, veteran, military caregiver or has a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child or parent in the United States Armed Forces.
SECTION 12 - Layoff and Re-employment
12.01 Authorization. The City Manager may lay off, without prejudice, any regular employee because of lack of appropriate funds, curtailment or lack of work, or other reasons. Such layoff shall take effect fourteen (14) days after the receipt by the employee of a notice in writing of the proposed layoff action.
12.02 Order of Layoff. Layoffs shall be by classification within each department.
Within each classification, employees will be selected for layoff based on a combination of factors (which should be documented, when and where possible, with emphasis on documented factors), including but not necessarily limited to, past performance and productivity based on the last three evaluations, qualifications, attitude, attendance and punctuality. In cases where the City determines that performance and other factors are essentially equal between two or more employees, seniority will be the deciding factor.
When it becomes necessary because of lack of work, lack of funds or other reasons to reduce the number of employees within a given employee classification, the City Manager or designee, will prepare a layoff list in the following order:
(a) Temporary employees.
(b) Employees whose current performance evaluation rates them less than satisfactory.
(c) Probationary employees.
(d) Regular part-time employees.
(e) Regular full-time employees.
The City reserves the right to deviate from this order whenever circumstances warrant.
12.03 Return to Former Class. In the event of a layoff, employees who have been promoted during their service with the City may bump back one classification in 89 June 20, 2022 Item 11
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53 their career series to a position they formerly held, if there is an employee in the lower classification with less seniority than the employee who wants to bump.
Otherwise, an employee who is laid off has no right to displace another employee.
12.04 Seniority Defined. For purposes of this provision, seniority shall be defined as the number of months of paid service since the employee's most recent hire date with the City.
12.05 Order of Re-employment. Employees who are laid off shall be placed on a reemployment list that shall remain in effect for a period of twenty-four (24) months.
Employees on a layoff re-employment list shall have preference over new hires.
Employees on layoff shall be offered re-employment in the inverse order of layoff, provided no intervening factors have occurred which essentially change the ability of the employee to perform the offered employment. The employee must still meet all necessary requirements for the position to which he or she is to be reemployed, with or without a reasonable accommodation.
12.06 Notice of Re-employment. The City shall give the employee reasonable advance notice of the opportunity for re-employment. Employees recalled to work shall return to work at the time specified by the City. Any laid off employee who refuses an offer of employment to the classification from which they were laid off or who fails to report to work shall have his or her name removed from the re-employment list.
SECTION 13 - Disciplinary Procedure
13.01 Policy Statement. Any employee holding regular status as a City employee may be disciplined for cause by the Appointing Authority provided the rules and provisions prescribed herein are followed. All disciplinary actions shall become a part of the employee's personnel record. The public official who occupies the position with authority to appoint an individual to the position of employment is the "Appointing Authority" for that position. The City manager is the Appointing Authority for the management staff which includes Department Heads.
The City will adhere to the Firefighters Procedural Bill of Rights as applicable to the discipline of Fire Safety employees.
13.02 Disciplinary Actions. A counseling or a performance evaluation do not constitute disciplinary action. The following are appropriate disciplinary actions that may be taken:
(a) Oral Reprimand. An Appointing Authority may orally reprimand an employee by meeting with the employee and informing the employee of the action being taken and the reasons for the action. The oral warning shall be documented in writing but shall not become part of the employee’s official personnel file unless it serves as documentation in support of higher level discipline. Such reprimands shall not be subject to appeal, but the employee shall have the right of rebuttal 90 June 20, 2022 Item 11
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54 by providing a written statement which will be included with the oral reprimand in the supervisor’s file.
(b) Written Reprimand. An Appointing Authority may reprimand an employee by providing a written statement which outlines the problem. A letter of Written Reprimand shall be provided to the employee and made a part of the employee's personnel record. Such reprimands shall not be subject to appeal beyond the department head, but the employee shall have the right of rebuttal by providing a written statement which will be included in the personnel record along with the written reprimand. Such appeal to the department head shall be an informal meeting with the department head. The employee may be represented in the appeal. The department head may include others as deemed appropriate. (c) Suspension. An Appointing Authority may suspend the employment of an employee without pay. Such action is subject to appeal as outlined in the procedures below.
(d) Salary Reduction/Fine. An Appointing Authority may fine or reduce the salary of an employee for disciplinary reasons. A reduction in salary shall be to a step within the salary range of the position held by the employee. A new anniversary date shall be established in accordance with these rules unless otherwise recommended by the Appointing Authority and approved by the City Manager. Such action is subject to appeal as outlined in the procedures below. (e) Disciplinary Demotion. An Appointing Authority may demote an employee, for disciplinary reasons, to any position with a lower salary allocation, provided the employee meets the minimum qualifications for the lower level position. Such demoted employee shall not be eligible for promotion for a period of six (6) months unless otherwise recommended by the Appointing Authority and approved by the City Manager. Such action is subject to appeal as outlined in the procedures below.
(f) Dismissal or Discharge. An Appointing Authority may terminate the employment of an employee for cause. The continued tenure of each employee who has regular status shall be subject to satisfactory performance and the rendering of efficient service. Such action is subject to appeal as outlined in the procedures below.
13.03 Causes for Disciplinary Action. The following reasons shall be deemed sufficient for disciplinary action, but such action need not be limited to these reasons:
(a) Fraud in securing appointment;
(b) Performing the duties of the position in an incompetent manner; (c) Performing the duties of the position in an inefficient manner; 91 June 20, 2022 Item 11
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55 (d) Performing the duties of the position in an untimely manner; (e) Performing the duties of the position in a careless manner; (f) Failure to possess and/or utilize the minimum qualifications required for the position;
(g) Dishonesty in the performance of the duties of the position; (h) Failure to be present at assigned places and times, unless the absence is approved;
(i) Insubordination;
(j) Failure to treat superiors with respect and courtesy; (k) Failure to fully obey the lawful orders of superiors; (l) Failure to treat other employees with respect and courtesy; (m) Insobriety, or use of alcohol while on duty;
(n) Illegal use or possession of alcohol, controlled substances, or habit forming drugs while on duty;
(o) While on or off duty, behaving in a manner that tends to cause discredit to the City;
(p) Conviction of a crime which relates to the qualifications, functions, duties or image required of the employee in the assigned position; (q) Discourteous treatment of the public;
(r) Misuse of City or other publicly owned property;
(s) Failure to fully comply with the general rules, regulations and policies of the City;
(t) Failure to fully comply with the general rules, regulations and policies of the employee's department;
(u) Failure to comply with safety rules, standards or regulations; (v) Misusing or abusing sick leave benefits.
(w) Working overtime without authorization.
(x) Violation of Department rules.
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56 13.04 Pre-Disciplinary Due Process.
(a) Prior to being subject to any discipline that results in the loss of pay, an employee will first be served with a notice of intent to discipline by their supervisor, manager or department head. This document will set forth the grounds for discipline as well as the facts supporting the grounds. The notice of intent to discipline will also advise the employee of any prior discipline which the City representative issuing the notice believes is relevant to the current discipline. In addition, the notice of intent will advise the employee of his/her right to respond to the proposed discipline either in writing or orally at a meeting.
(b) If the employee chooses to respond in writing, he/she must insure his/her response is received by the representative who issued the notice of intent to discipline within five calendar days of receiving the notice of intent to discipline. If the employee wishes to respond orally, he/she must call or email the City representative who issued the notice of intent to discipline within five calendar days of receiving the notice of intent to discipline informing the representative that he/she wishes to have an oral response. The City representative will advise the employee when the meeting (known as a Skelly meeting) will take place.
(c) At the Skelly meeting (assuming the employee wants to respond orally) the employee has the right to be represented. The Skelly meeting is not a hearing. It is an opportunity for the employee and/or his/her representative to respond to the notice of intent to discipline. The employee may have one representative with him/her at the Skelly meeting.
(d) The City representative who will hear the response may or may not be the person who issued the notice of intent to discipline. It is preferred that the person be someone other than the person who issued the notice of intent to discipline. In any case, a decision following that meeting will be issued within ten calendar days. The decision will either be to uphold the proposed discipline, overturn the proposed discipline or to modify it by reducing it. The City representative hearing the response does not have authority to impose discipline that is greater than that which was proposed. (e) If the either the discipline is imposed or if it is reduced but there is still discipline imposed which results in a loss of property, the response to the discipline shall be in the form of a Notice of Discipline. Like the notice of intent, that notice shall set forth the grounds, and facts supporting the discipline as well as any prior discipline relied on by the City representative in issuing the discipline. The Notice of Discipline will also set forth the employee’s appeal rights advising the employee that if he/she wishes to appeal the discipline, he/she must do so in writing by serving a Notice of Appeal to the City Manager within seven (7) calendar days.
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57 13.05 Imposition of Discipline. The Appointing Authority shall impose the final action by serving the employee with a written Notice of Disciplinary Action specifying the date(s) upon which the disciplinary action shall be effective. The action of the Appointing Authority shall be final unless the employee files an appeal as provided in these rules.
13.06 Post-Disciplinary Appeals Procedure
(a) Policy. Any regular employee as defined by these rules shall have the right to appeal any of the following disciplinary actions: suspension without pay, salary reduction or fine for disciplinary purposes, demotion for disciplinary purposes or dismissal.
(b) Initiation of Appeal & Content of Appeals Document. An employee wishing to appeal shall file a written statement signed by the appellant with the City Manager within ten (10) working days of receipt of the Department Head's written decision. This shall set forth his/her intention to appeal, the reasons for the appeal, the action desired by the appellant, and whether or not he/she wishes the use of a Hearing Officer.
(1) City Manager Review (with no Hearing Officer). An employee who selects this option must submit the request in writing expressly stating that he/she is consciously and voluntarily choosing to waive his/her right to a hearing. Upon receipt of such notice, the City Manager shall review the Appointing Authority’s decision and the employee's appeal. If the City Manager deems appropriate, or if requested by the employee, a meeting between the City Manager and the employee and/or the employee's representative may be held to discuss the employee's appeal. The City Manger may then reaffirm, modify or revoke the decision of the Department Head. The decision of the City Manager is final.
(2) City Manager Review (with a Hearing Officer). If a Hearing Officer is requested, the City Manager (or his/her designee) shall set a date for an administrative hearing on the appeal as soon as possible.
The City Manager (or his/her designee) shall notify all interested parties of the date, time and place of the hearing. The Hearing shall be conducted in accordance with the procedures set forth in these rules.
The Hearing Officer's findings and recommendations are advisory and shall be submitted to the City Manager (or his/her designee) for his/her review. If the City Manager (or his/her designee) deems appropriate, or if requested by the employee, a meeting between the City Manager (or his/her designee) and the employee and/or the employee's representative may be held to discuss the employee's appeal. The City Manager (or his/her designee) may then reaffirm, modify or revoke the decision of the Department Head. The decision of the City Manager (or his/her designee) is final.
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58 13.07 Administrative Hearing Procedures
(a) Request for Hearing Officer. The use of a Hearing Officer may be requested by either the employee or the City Manager (or his/her designee). (b) Selection of Hearing Officer.
(1) The Hearing Officer shall be a neutral professional with relevant experience, education and training to conduct the hearing. (a) The City Manager (or his/her designee) shall first contact the State Mediation and Conciliation Service, or some other reputable source that provides qualified hearing officers, and request the names of available Hearing Officers.
(b) The list shall consist of an odd (as opposed to even) number of names. The City Manager (or his/her designee) will work with the Association to attempt to mutually select a Hearing Officer from this group. If mutual selection is not reached, the Association and the Personnel Officer shall alternatively strike the names of Hearing Officers until one remains, who shall serve as the Hearing Officer. The City shall bear the full cost of the Hearing Officer.
The decision of who will strike first shall be determined by a coin toss.
(c) Subpoenas. The City Manager is authorized to issue subpoenas at the request of either party prior to the commencement of the hearing. After the commencement of the hearing, the City Manager shall issue subpoenas only for good cause. It will be the responsibility of the employee and the Department to submit the names of current city employees to be subpoenaed at least ten (10) working days before the date of the hearing in which they are requesting the witnesses to appear.
(d) Exhibits and Witness Lists. Five (5) working days prior to the date set for the hearing, each party shall serve upon the other party and submit to the City Manager a list of all witnesses and a list and copy of all exhibits. City employees who are named as witnesses may not be compelled to participate in interviews by the appellant (or his/her representative) prior to the hearing. (e) Private or Public Hearing. All hearings shall be closed and private.
13.08 Conduct of the Administrative Hearing.
(a) The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. The conduct and 95 June 20, 2022 Item 11
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59 decorum of the hearing shall be under the control of the Hearing Officer, with due regard to the rights and privileges of the parties appearing before him/her. (b) The appellant shall appear at the hearing in person, unless physically unable to do so.
(c) In the conduct of the hearing the appellant shall have the right, at his/her own option and expense, to be represented by another person of his/her own choosing; to the summoning of witnesses in his/her behalf and/or to the employment of counsel.
(d) Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would admissible over objection in civil actions. (e) Irrelevant and unduly repetitious evidence may be excluded. (f) The Hearing Officer shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Hearing Officer shall not be invalidated by any informality in the proceedings.
(g) During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. (h) Burden of Proof. In a disciplinary appeal the employer has the burden of proof by preponderance of the evidence.
(i) The City shall present its case first. Cross-examination of witnesses shall be permitted.
(j) Record of Proceedings and Costs - Court Reporter. All disciplinary appeal hearings may, at the discretion of either party, be recorded by a court reporter. Any hearing which does not utilize a court reporter shall be recorded by audio tapes. If a court reporter is requested by either party, that party shall pay the cost of the court reporter. If both parties request a court reporter the cost will be split equally.
(k) Findings and Recommendations. Such findings and recommendations shall be based solely on evidence taken during the hearing. (l) Costs. In the event of an appeal of the City Manager’s decision into the court system, the cost of the transcript, if required, shall be shared equally be the City and the appellant. Any costs of this procedure may be mutually agreed upon by the City and the Association, except as outlined above.
13.09 Immediate Removal. This procedure shall not preclude the immediate removal of an employee with pay without notice or hearing where the continued presence of the employee would present a hazard or disruption to other employees, the 96 June 20, 2022 Item 11
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60 public, or the City. An administrative removal with pay pending an investigation requires the approval of the City Manager and is not subject to appeal. When an administrative removal with pay is imposed and subsequent disciplinary action follows, the employee shall be assured of all due process in accordance with this procedure.
13.10 Right to Representation. An employee subject to a meeting, hearing, or an investigation that may result in disciplinary action has the right, upon request, to be represented by a employee representative or an attorney retained by the employee at the employee's expense.
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61 CITY OF DEL MAR
ACKNOWLEDGMENT OF RECEIPT OF PERSONNEL MANUAL
This is to acknowledge that I have received a copy of the PERSONNEL MANUAL and understand that it contains important information on the City's personnel policies and on my obligations and responsibilities as an employee. I acknowledge that I am expected to read, understand, and adhere to City policies and will familiarize myself with the provisions in the manual. I understand that I am governed by the provisions in the manual.
____________________________ _____________
Employee's Signature Date
_________________________________
Employee's Name (Typed or Printed)
This document page shall be signed by the employee and placed in the employee's personnel file.
98 June 20, 2022 Item 11
Memorandum of Agreement
between the
City of Del Mar
and the
Del Mar City Employees Association
for the
General Unit
July 1, 2018 2022 through June 30, 20222025
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Table of Contents
Title Page
Preamble ...........................................................................................3 Article 1 - Recognition ........................................................................3 Article 2 - Implementation ..................................................................3 Article 3 - City Rights .........................................................................43 Article 4 - Employee Rights ................................................................4 Article 5 - Union Access .....................................................................54 Article 6 - Bulletin Boards ...................................................................5 Article 7 - General Provisions ............................................................5 Article 8 - Payroll Deduction and Union Dues ....................................76 Article 9 - Wages ...............................................................................76 Article 10 - Health Insurance ..............................................................7 Article 11 - Insurance Committee .......................................................9 Article 12 - Dental Insurance ..............................................................9 Article 13 - Life Insurance ..................................................................109 Article 14 - Long Term Disability Insurance .......................................109 Article 15 - Deferred Compensation ...................................................1110 Article 16- Retirement ........................................................................1110 Article 17 - Work Clothes ...................................................................112 Article 18 - Required Footwear and Safety Glasses ..........................1211 Article 19 - Standby ...........................................................................123 Article 20 - Certification Program……………………………………… 1312
Article 21 - Personnel Rules and Regulations…………………………1413 Article 22 - Grievance Procedure……………………………………….1513
Article 23 - Concerted Activities……………………………………. …. 157 Article 24 - Severability.............................................................................1715 Article 25 - Agreement, Modifications, & Waivers...............................1716 Article 26 – Labor-Management Relations Committee………………..1816 Article 27—Workers Compensation and Safety Committee …………178 Article 28 - Authorized Agents..................................................................1917 Article 29 - Renegotiations...........................................................................189 Article 30 -– TermSurvey Market...............................................................2018 Article 31- Term…………………………………………………………….1820
Article 31 32 - Signatures.....................................................................2018 100 June 20, 2022 Item 11
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Preamble
This Agreement is made and entered into by and between the City of Del Mar (hereinafter "City") and the Del Mar City Employees Association (hereinafter "Union").
This Agreement is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500-3511) and has been prepared jointly by the City and the Union.
It is the purpose of this Agreement to achieve and maintain harmonious relations between the City and the Union to provide for equitable and peaceful adjustment of differences which may arise, and to establish proper standards of wages, hours and other conditions of employment.
Representatives of the City and the Union have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment and have exchanged freely information, opinions and proposals in a sincere effort to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
The parties agree that this Preamble is not subject to the grievance procedure.
Article 1 - Recognition
1.1 The City recognizes the Union as the exclusive representative for all classes assigned to the General Unit as well as such classes that may be added to this unit by mutual agreement of the parties.
1.2 All provisions and benefits of this Agreement shall be applicable to employees in classes in the above-mentioned bargaining unit, unless specifically provided otherwise herein.
1.3 The classes in this unit are listed in the City of Del Mar General Employee Compensation Plan.
Article 2 - Implementation
2.1 This Agreement constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Agreement by the members of the Union.
2.2 If approved by the City Council, the City shall act in a timely manner to make the necessary changes to resolutions, rules, policies and procedures to implement and conform to this Agreement.
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Article 3 - City Rights
3.1 It is agreed the City shall have the right to:
A. Determine the mission of its constituent departments, commissions, and boards;
B. Determine the procedures and standards of selection for employment and promotions;
C. Direct its employees, take disciplinary action for just cause; D. Relieve its employees from duty because of lack of work or for other legitimate reasons;
E. Maintain the efficiency of governmental operations;
F. Determine the methods, means and personnel by which government operations are to be conducted;
G. Determine the content of job classifications;
H. Take all necessary actions to carry out its mission in emergencies; I. Exercise complete control and discretion over its organization and the technology of performing its work.
3.2 The exercise of such rights shall not preclude the Union from conferring with management representatives about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment.
3.3 Except in an emergency, management decisions shall not supersede the provisions of this Agreement.
3.4 Actions taken by management to meet an emergency that are not in compliance with this Agreement shall be in effect only for the duration of the emergency.
Article 4 - Employee Rights
4.1 It is agreed that each individual employee shall have the following rights which he/she may exercise in accordance with applicable laws, ordinances, and rules and regulations.
4.2 The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal on the part of the management representatives, the supervisor, other employees, or employee organizations, with respect to his/her membership or non-membership in any employee organization or with respect to any lawful activity associated therewith which is within the scope of representation.
Article 5 - Union Access
5.1 Authorized Union representatives shall be granted access to work locations for the purpose of conducting grievance investigations or contacting members of the Union concerning business within the scope of representation. 102 June 20, 2022 Item 11
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5.2 Union representatives shall not interfere with the work operations of the City.
5.3 Union representatives have the right to meet with employees only during coffee, rest, or lunch breaks at a public City facility as may be available.
5.4 It is agreed that the Union may use City facilities to conduct general meetings when such facilities are available, as determined by the City.
Article 6 - Bulletin Boards
6.1 It is agreed that the City will allow bulletin boards in agreed upon places for the use of the Union in posting appropriate notices and announcements of meeting, elections, social activities and any other Union official business.
6.2 Prior to posting, such notices shall be initialed by an authorized Union representative or shall appear on official Union letterhead.
6.3 Such notices shall not ridicule, or defame managers, officers, or agents of the City.
Article 7 - General Provisions
7.1 No Discrimination:
There shall be no discrimination against any personnel or applicant because of race, color, marital status, non-job related medical condition, religion, sex, age, national origin, ancestry, sexual orientation, or non-job related handicap or disability.
7.2 Personnel Folder:
A. Employees shall have the right to review their individual personnel folder.
B. Access shall be scheduled at the convenience of the parties.
C. Except for information received as part of the recruitment process, no derogatory information shall be placed in an employee’s folder without notifying the employee and giving the employee an opportunity to read and initial the information. After receiving notice of information to be added, if the employee disagrees with the information, he or she has the right to file a written rebuttal which will also be placed in the employee’s folder.
D. Upon request, an employee may have a copy of information in his/her file, with the exception of information received during the recruitment process.
7.3 Negotiating Team:
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The City agrees to provide reasonable time off without loss of pay, during scheduled work hours, for representatives of the Union when said representatives are negotiating on matters within the scope of representation.
7.4 Grievance Representative:
A. A representative of the Union shall be allowed to be present at the request of any employee, at any meeting with management involving a grievance, or any pre-disciplinary matter.
B. The representative shall not interfere with normal work operations of the Department.
7.5 Americans with Disabilities:
A. The parties recognize that the City may be required to make accommodations in order to carry out its obligations under the Americans with Disabilities Act (ADA). Some of these accommodations may require actions which are contrary to the language or intent of existing provisions of this agreement. In such cases, the parties agree that such accommodation shall not constitute a "past practice" or waiver by either party of its right to fully enforce such provisions in the future with regard to persons not subject to the protections of the ADA.
B. The parties recognize that circumstances surrounding ADA compliance in individual cases may involve matters which are personal and require the utmost confidentiality. Specifics of an individual case may not be divulged by the City.
Article 8 - Payroll Deduction and Union Dues
8.1 Following the approval of the Agency Shop by a majority vote of the employees on March 16, 2004, the City implemented an Agency Shop for all General Employee Classifications effective April 26, 2004 in accordance with the applicable state law.
The City and Union acknowledge that litigation pending before the United States Supreme Court, Janus v. American Federation of State, County, and Municipal Employees Council 31, may affect the validity of agency shop arrangements. If agency shop is held invalid by operation of law or any court of competent jurisdiction, Article 8.2 and 8.3 remain in effect provided that and to the extent they are not similarly invalidated by or inconsistent with such ruling or applicable laws.
8.2 Remittance of the aggregate amount of all dues and other proper deductions made from the salaries of employees covered hereunder shall be made to the Union by the City.
8.3 It is not the intent of this article to alter the current practice of remitting dues and other deductions to the Union.
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Article 9 - Wages
9.1 The following Ssalary adjustments are scheduled as followsed during the term of the agreement, effective the first pay period with the majority of days in the intended month. It should be noted that the salary increase scheduled for July 1, 2022, includes a 2% Cost of Living Adjustment (COLA), and a negotiated 1.3% catch up adjustment based on the reduced COLA that was implemented in FY 2021-22 per a side-letter agreement with DMCEA related to the City’s financial position resulting from the pandemic.:
July 20182022: 3.3% (2% COLA; and 1.3% catch-up adjustment) July 20192023: 32.5%
July 20202024: 3%
July 2021: 3%
9.2 Effective July 1, 2023, the existing 12-step salary range schedules range for General Unit employees will be converted to a 5-step salary range schedule. An employee shall move through the salary range in accordance with the City’s Personnel Rules and Regulations Manual. The salary range schedule applicable to General Unit employees hired on or after January 1, 2016, is a twelve (12)-step salary range schedule designated “A” through “L”, with 2.5% between each step in the range. The salary range schedule applicable to General Unit employees hired prior to January 1, 2016, is a five (5)-step salary range designated “A” through “E”, with 5% between each step in the range.
Article 10 - Health Insurance
10.1 The parties agree the City has the right to provide this insurance by self-insurance, through an insurance company, or by any other method which provides the coverage outlined. Unless otherwise recommended by the insurance committee, the City shall make health insurance plans with at least (2) insurance providers available for employees. Plan options will include those with copays of $20 or higher to help stabilize premium costs.
10.2 Prior to changing the current method of coverage, the City shall discuss the change with the Union.
10.3 Contingent Health Insurance Re-Opener: During the term of this agreement and in the interest of working with employees regarding alternative and/or additional health plan providers and/or plan program definitions, the City may in its discretion, re-open specific sections of Article 10 – Health Insurance as it deems appropriate.
The scope of this re-opener shall be identified in its notice to the Union and offer to meet and confer.
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10.4 City Contribution to Health Insurance:
During the term of this Agreement, the City shall make monthly contributions toward health and dental insurance premiums as provided in the table below, which represents a 4% increase to the City’s contribution annually:
Coverage July 1, 2022 July 1, 2023 July 1, 2024
Employee Only $1,137 $1,182 $1,230
Employee +1 $1,397 $1,454 $1,512
Employee + 2 $1,485 $1,544 $1,606
In the event that the total cost of benefits selected exceeds the allowance, the difference shall be deducted from the employee's salary as a "salary reduction" item; i.e., paid with pre-tax dollars. If the allowance exceeds the total cost of benefits selected, the difference shall be paid to the employee in cash.
Opt Out Provision: Employees who verify proof of coverage by an outside plan may opt out of City coverage and be eligible for the Opt Out Provision ($400 per month). In the event the Opt Out provision has a negative impact on the City’s ability to obtain health coverage due to declining enrollment in the health plans, the City Manager has the authority to terminate the Opt Out provision.
10.5 It is intended that City’s contribution for health and dental benefits as set forth in this Agreement, match those provided to the Del Mar Firefighter’s Association (DMFA) during the term of this Agreement. If the DMFA , or any other bargaining unit, receives a more desirable health care package than the existing plan with the Union, such benefits shall also be offered to the Union as a “most favored nations” (MFN) on health care provisions; including Opt Out Provisions.
10.6 The City shall provide each employee a summary of the coverage for the plan under which the employee is covered.
10.7 During the term of this agreement, the City acknowledges that the general employees may decide as a group to add acupressure/acupuncture and therapeutic massage to the current chiropractic benefit with any additional cost paid by employees via a payroll deduction.
10.8 Employees who retire from the City of Del Mar will have the opportunity to bear the entire cost of their access to the City’s health insurance programs and that continued access to health insurance benefits will require the approval of existing health insurance providers which is believed likely but not guaranteed by the City. In making any amendments to such contracts City shall have the right to agree to those terms and conditions to such amendments, if any, necessary to implement this benefit, so long as any such amendments provide access to health insurance programs as contemplated herein.
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In the event the current health insurance providers deny retiree access to health insurance benefits at any time during the term of this Agreement, the City shall have no obligation to contract for additional health insurance programs which provide access to health insurance benefits for retirees. Nothing herein contained is intended to guarantee the availability of any particular health insurance program to be offered to City’s employees and retired employees. The retiree health insurance availability is at the sole discretion of the City Manager and can be terminated at any time.
10.9 The City will provide an onsite skin cancer screening for all field employees in the Public Works, Community Services, and Planning & Community Development (Code Enforcement Division) departments at least once per year, and at no cost to the employees.
Article 11 - Insurance Committee
11.1 The City and the Union shall establish a committee, with no more than three representatives each, to investigate and evaluate health coverage plans, provisions and premiums in an effort to make available to City employees a reasonable plan at the lowest possible cost.
11.2 The committee shall meet annually prior to the renewal of the plan coverage to conduct its investigation and evaluation. The findings and recommendations of the committee shall be advisory in nature and shall be presented to the City Manager.
Failure of the committee to present recommendations in a timely manner shall not preclude the City from taking necessary action.
Article 12 - Dental Insurance
12.1 The parties agree the City has the right to provide this insurance by self-insurance, through an insurance company, or by any other method which provides the coverage outlined.
12.2 Prior to changing the current method of coverage, the City shall discuss the change with the Union.
Article 13 - Life Insurance
13.1 The parties agree the City has the right to provide this insurance by self-insurance, through an insurance company, or by any other method which provides the coverage outlined.
13.2 Prior to changing the current method of coverage, the City shall discuss the change with the Union.
13.3 The City shall provide term life insurance coverage for each employee in the amount of one-times the annual salary at top step of their salary range, step E (or 107 June 20, 2022 Item 11
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Step L for employees hired on or after January 1, 2016), not to exceed $50,000.
Employees may, through payroll deductions, purchase dependent coverage in the amount of $5,000 for their spouse and children.
13.4 The City agrees to continue to provide the third level of the 1959 Survivor Benefit through its PERS contract.
Article 14 – Short and Long Term Disability Insurance
14.1 The parties agree the City has the right to provide this insurance by self-insurance, through an insurance company, or by any other method which provides the coverage outlined.
14.2 Prior to changing the current method of coverage, the City shall discuss the change with the Union.
14.3 The City shall make available Short and Long Term Disability Insurance coverage in the amount of approximately 66 2/3% of monthly compensation for each employee. Such coverage shall be provided in accordance with the group policy and the insurance company/administrator.
14.4 The City shall pay the required payroll deduction for the Short Term (STD) and Long Term Disability (LTD) programs on behalf of the employee.
Article 15 - Deferred Compensation
15.1 Employees shall continue to have the option of participating in the City's deferred compensation plan.
15.2 The City has the option of changing plans or providers, however, prior to making any such change, the City shall notify the Union and shall discuss the reasons for the change.
Article 16- Retirement
16.1 The City provides retirement benefits to employees through the California Public Employee Retirement System (CalPERS). All of the CalPERS employee retirement tier plans listed below include Section 20862.8 Credit for Unused Sick Leave.
16.2 CalPERS Retirement Tiers
Classic 1st Tier:
Any Miscellaneous (non-other safety) employee hired before June 25, 2012, shall receive a retirement formula of 3% @ 60 Retirement Benefit. Employees shall be required to contribute the full 8% share of the Employee rate.
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Any Other Safety employee hired before January 1, 2013, shall receive a retirement formula of 2% @ 50 Retirement Benefit. Employees shall be required to contribute the full 9% share of the Employee rate.
Classic 2nd Tier:
Any new Miscellaneous (non-other safety) employee hired after June 25, 2012, with reciprocity, shall receive a retirement formula of 2% @ 60 Retirement Benefit. Employees shall be required to contribute the full 7% share of the Employee rate.
Public Employees Pension Reform Act 2013 (PEPRA) Tier:
Any new Miscellaneous (non-other safety) employee hired after January 1, 2013, shall receive a retirement formula of 2% @ 62 Retirement Benefit. Employees shall be required to contribute half of the base total normal cost, evaluated every year. The current required employee contribution is 6.5%.
Any new Other Safety employee hired after January 1, 2013, shall receive a retirement formula of 2.7% @ 57 Retirement Benefit. Employees shall be required to contribute half of the base total normal cost, evaluated every year. The current required employee contribution is 12%.
16.3 An employee has no option to receive the contributed amounts directly instead of having them paid by the City to PERS on behalf of the employee.
16.4 The Union understands and agrees that employees bear the risk of payment of any increases in the employee contributions above the current percentage made by action of the PERS or the state legislature.
16.5 Parties agree that City payment of PERS contributions is made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS.
16.6 Should current tax treatment change, the Union and the employee shall hold harmless the City, its officers and agents from any and all claims or costs of any type including but not limited to liability for back taxes, arising out of this agreement to pay part of the employee's PERS contribution.
16.7 Should current tax treatment change, the Union shall have the opportunity to meet and confer regarding any such changes.
Article 17 - Work Clothes
17.1 The City shall continue to provide work clothes for those jobs where work clothes are currently provided and for such new jobs as determined by the City.
17.2 Such work clothes shall be of a color and design determined by mutual agreement.
However, if the parties can't reach mutual agreement, the determination shall be made by the City.
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18.1 Employees required by the City to wear protective footwear for safety reasons, shall continue to be reimbursed for the purchase of such footwear.
18.2 Employees shall be reimbursed for up to two (2) such purchases each fiscal year to a maximum of $150.00 per purchase.
18.3 The footwear shall, at minimum, have the safety features required by the City.
18.4 Field employees in the Public Works, Community Services, and Planning & Community Development (Code Enforcement Division) departments shall receive one pair of polarized sunglasses, and polarized safety glasses, as deemed appropriate and necessary by the Department Director), annually following the start of the new fiscal year. Replacements for lost or damaged sunglasses must be approved by the Department Director.
18.5 The sunglasses shall, at a minimum, have the safety features required by the City.
18.6 Parking Enforcement Officers I/II will be reimbursed for 50% of their work footwear up to $75 per pair, twice a year (maximum $150 annual footwear reimbursement per represented parking employee). Footwear must be sturdy closed toed shoes appropriate for walking and riding a bicycle.
Article 19 - Standby
19.1 Standby duty is defined as that circumstance which requires an employee assigned by management to:
A. Be ready to respond immediately to a call for service; B. Be readily available at all hours by telephone or other agreed-upon communication equipment; and
C. Refrain from activities which might impair his/her assigned duties upon call.
19.2 Effective July 1, 202218, an employee assigned by management to standby duty shall receive $40 45 per day. An employee assigned by management to standby duty on a city holiday shall receive a total of $870 per day.
Article 20 - Certification Program
20.1 Optional Certifications: An employee in an eligible classification who has successfully obtained, at his/her own cost, certifications/licenses that provide a direct benefit to the City by enhancing the employee’s knowledge and skills above those required by the employee’s job classification, and as approved by the City, shall receive $25 35 per month for each Optional Certification, up to a maximum of $75 140 per month (or three four Optional Certifications). When an employee receives compensation for obtaining an Optional Certification, the employee may 110 June 20, 2022 Item 11
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be expected to utilize his/her knowledge from the Certification when needed by the City on an incidental basis.
20.2 Expired Certificates: Certification pay shall be applicable only during the term of the certificate and shall expire at the end of the pay period that includes the expiration date of the certificate. Employees are responsible for resubmitting requests for certification pay once they have renewed their certificate.
20.3 Certifications eligible under this Article are listed in Exhibit A of this Agreement.
Additional Optional Certifications may be added upon mutual agreement between the City and the Union. However, if the parties do not reach mutual agreement, the determination shall be made by the City.
20.4 Required Certifications: The City agrees to reimburse the employee for the tuition, exam, and certification fees upon successful completion for required certifications when the certification is a mandatory requirement of the employee’s job duties.
20.5 Required Training: When an employee is required by the City to attend a training course for a required certification, the employee shall make a reasonable effort to attend the class during regular work time. If this is not possible, a reasonable effort will be made by the employee’s supervisor to modify the employee’s work schedule to allow for time off on a regularly scheduled work day to allow for the duration of attendance at the required training. This flexible scheduling shall occur during the employee’s designated seven-day work period under the Fair Labor Standards Act.
In the event such flexible scheduling is not possible, the employee shall be paid his/her regular hourly rate for the hours attending the required training. This section shall not apply to college coursework eligible for Tuition Reimbursement including coursework leading to an Associate of Arts in Water/Wastewater covered by Section 20.3.
Article 21 - Personnel Rules and Regulations
21.1 The rules, regulations, policies and general working conditions governing employment for employees covered by this agreement are as set forth in the City Personnel Manual.
21.2 If during the term of this agreement the City desires to amend the Personnel Manual the City shall give notice to the Union of the proposed changes. Representatives of the City and the Union shall meet and confer in a timely manner. If an agreement is not reached the City reserves the right to proceed by management direction.
21.3 Hours, wages and general working conditions contained in the City Personnel Manual are the proper subject of the Grievance Procedure.
Article 22 - Grievance Procedure
General Provisions
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22.1 "Grievance" is defined as an alleged violation, misinterpretation, or misapplication of this Agreement, which adversely effects an employee(s).
22.2 "Grievant" is an employee or a group of employees.
22.3 Time limits may be waived by mutual written agreement of the parties.
22.4 If time limits are not met, the grievance may be advanced to the next step at the option of the party waiting for the response.
22.5 A grievant may be represented by a representative of his/her own choice at any step in the presentation of his/her grievance.
22.6 No reprisal shall be taken against any employee for the legitimate use of this procedure.
22.7 A grievance shall be filed in writing within thirty (30) calendar days of the date on which the employee knew or reasonably should have known of the alleged grievable incident.
22.8 Any grievance not timely filed or appealed within specified time limits, shall be null and void.
Procedure
22.9 STEP 1: The grievant shall first attempt to resolve the problem through discussions with his/her immediate supervisor.
22.10 Such discussions shall be initiated within the time period defined in 22.7 above.
22.11 The parties shall make a sincere effort to resolve the problem at this step in a prompt and expeditious manner.
22.12 STEP 2: If the problem is not resolved at Step 1 and the grievant wishes to appeal, the grievant shall file a written grievance within the time limits defined in 22.7 above with his/her immediate supervisor.
22.13 Such grievance shall be filed on the form provided by the City and the form shall be completely filled out in clear, factual and concise language.
22.14 Each party has the option of requesting a meeting to discuss the grievance.
22.15 The supervisor shall respond in writing to the grievance within seven (7) days of receipt of the grievance.
22.16 STEP 3: If the problem is not resolved at Step 2 and the grievant wishes to appeal, the grievant shall file a written appeal with his/her department head within seven (7) days of the supervisor's response.
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22.17 Such appeal shall be filed on the form provided by the City and shall state the reasons the answer at the previous step was not acceptable.
22.18 The department head shall hold a meeting with the employee to discuss the grievance.
22.19 The department head shall respond in writing to the grievance within seven (7) days of receipt of the grievance.
22.20 STEP 4: If the problem is not resolved at Step 3 and the grievant wishes to appeal, the grievant shall file a written appeal with the City Manager or his/her designee within seven (7) days of the department head's response.
22.21 Such appeal shall be filed on the form provided by the City and shall state the reasons the answer at the previous step was not acceptable.
22.22 The City Manager or designee shall hold a meeting with the employee to discuss the grievance.
22.23 The City Manager or designee shall respond in writing to the grievance within ten (10) days of receipt of the grievance.
Mediation
22.24 STEP 5: If the problem is not resolved at Step 4 and the grievant wishes to appeal, the grievant shall, within ten (10) days from the response of the City Manager, request that the City Manager set up a mediation.
22.25 A State Mediator shall mediate the dispute according to the normal rules governing mediation.
22.26 There shall be no cost to the parties.
Article 23 - Concerted Activities
23.1 It is agreed that there will be no strike, work stoppage, slow-down, picketing or refusal or failure to full and faithfully perform job functions and responsibilities, or other interference with the operations of the City by the Union or by its officers, agents, or members during the term of this Agreement, including the recognition of picket lines or additional compliance with the request of other labor organizations to engage in such activity.
23.2 Union recognizes the duty and obligation of its representatives to comply with the provisions of this Agreement and to make every effort toward inducing all employees to do so.
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23.3 In the event of a strike, work stoppage, slowdown, or other interference with the operations of the City by employees who are represented by the Union, the Union agrees in good faith to take all necessary steps to cause those employees to cease such action.
23.4 It is agreed that any employee violating this Article may be subject to discipline up to and including terminations by the City.
Article 24 - Severability
24.1 This Agreement is subject to all current and future applicable Federal, State, and local laws.
24.2 All City ordinances, rules and regulations and policies shall be subject to the appropriate revisions, amendments and deletions necessary to conform with the purpose, intent and application of the Articles of this Agreement.
24.3 If any Article or section of this Agreement is found by a Court of competent jurisdiction to be in conflict or inconsistent with such applicable provisions of Federal, State, or local laws, the parties shall, where applicable, meet and confer for the purpose of arriving at a mutually agreeable replacement for such Article or section.
24.4 The validity of the remainder of this Agreement shall not be affected thereby.
Article 25 - Agreement, Modifications, & Waivers
25.1 This Agreement sets forth the full and entire agreement of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements over these matters between parties, whether formal or informal, are hereby superseded or terminated in their entirety.
25.2 Except as specifically provided herein, it is agreed and understood that the parties hereto shall not be required, but do reserve the right upon mutual agreement, to negotiate with respect to any subject or matter covered herein or with respect to any other matters within the scope of representation, during the term of this Agreement.
25.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed by all parties hereto.
25.4 The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
25.5 In the event of an unanticipated significant economic crisis, as determined by the City, the following provisions shall apply. During the term of this agreement, the Union agrees to meet and confer in good faith, at the request of the City, on new 114 June 20, 2022 Item 11
17 Del Mar General Employee Association
2022
changes in wages and City-paid benefit contributions provided for in this agreement. The City shall give the Union notice and provide an opportunity to meet prior to implementation. The parties shall meet promptly and endeavor to reach an agreement in a timely manner. If an agreement is not reached, the impasse procedure included in the City’s Employee Relations Resolution shall apply.
Article 26 – Labor-Management Relations Committee
26.1 The City and Union shall establish a Labor-Management Relations Committee, with no more than two representatives each, unless mutually agreed to, in an effort to discuss workplace issues of mutual concern. The Union President and one other member if necessary shall meet with the City Manager and/or his/her representative quarterly at a mutually agreeable time and place.
Article 27 – Workers Compensation and Safety Committee
27.1 In the event of a work related medical injury involving Workers Compensation, an employee will receive Workers Compensation salary directly and may utilize his or her accrued leave to achieve full salary. Employees on a work related medical leave will continue to accrue sick leave during the course of their medical leave.
Employees on a work related medical leave will accrue vacation leave during the course of their medical leave only on the portion of their leave used to achieve full salary. The City will continue to pay contributions for benefits including health, dental, life insurance and PERS per the current practice.
27.2 The City and the Union shall establish a separate committee, with no more than two representatives each, in an effort to evaluate and improve workplace safety.
The Union’s appointees shall include an employee of the Public Works Department and an employee working at City Hall.
27.3 The safety committee shall meet annually or more frequently upon request. The findings and recommendations of the committee shall be advisory in nature and shall be presented to the City Manager. Failure of the committee to present recommendations in a timely manner shall not preclude the City from taking necessary action.
Article 28 - Authorized Agents
28.1 For purposes of administering the terms and provisions of this Agreement:
A. City's principal authorized representative shall be the City Manager or his/her duly authorized representative.
Address: 1050 Camino del Mar
Del Mar, CA 92014
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B. The Union's principal authorized agent shall be either (1) the President of the Del Mar City Employees Association or (2) the Principal Associate of City Employees Associates.
Address: President Principal Associate
Del Mar City Employees Assn City Employees Associates
2240 Jimmy Durante Blvd.1050 Camino del Mar
2918 East 7th Street
Del Mar, CA 92014 Long Beach, CA 90804
Article 29- Renegotiations
29.1 In the event the Union desires to negotiate on the provisions of a successor Agreement, it shall serve upon the City, during the month of January of the last year of this Agreement, its written request to commence negotiations and its initial written proposals for such successor Agreement.
29.2 Negotiations shall begin at a time mutually agreeable to the parties.
Article 30- Survey Market
30.1 The DMCEA acknowledges the City’s consistent and long-standing practice of surveying the entire San Diego County region for employee salary and benefit data and, in the spirit of cooperation and collaboration, the Parties agree to share, review and provide feedback on the data collected by each Party with each other during future negotiations.
Article 3031- Term
310.1 The term of this Agreement shall commence on the date when the terms and conditions for its effectiveness, as set forth in Article 2, Implementation, are fully met, or on such other date as specifically set forth herein. 310.2 However, in no event shall this Agreement become effective prior to July 1, 20182022.
310.3 Except as provided herein, this Agreement shall expire and otherwise fully terminate on July 1June 30, 20222025.
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Article 31 32 - Signatures
3132.1 In witness whereof, the parties have caused their authorized representatives to execute this Agreement as a mutual recommendation to the City Council of the City of Del Mar this 18th 20th day of June, 20182022.
Del Mar City Employees City of Del Mar:
Association:
_____________________________
_______________________________
Victor Sturm, President Scott W.
HuthAshley Jones, City Manager
_____________________________
_____________________________
_____________________________
321.2 On the 18th 20th day of June, 20182022, the City Council of the City of Del Mar voted to adopt Resolution No. 20182022-____, approving the above Agreement in its entirety and authorized the City Manager to execute and administer the Agreement on behalf of the City Council.
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Exhibit A
Eligible Certifications
Required Certifications are those Licenses/Certificates that are minimally required for the position. The Optional Certifications are eligible for Certification Pay (see Article 20).
Code Enforcement Officer I/II
Required Certifications
□ PC-832 P.O.S.T. Certification
Optional Certifications
□ SCACEO Certification Training
□ National Pollutant Discharge Elimination Systems (NPDE) Certified Stormwater Inspector
Parking Enforcement Officer I/II
Required Certifications
□ Class C Driver’s License
□ PC-832 P.O.S.T Certification
Optional Certifications
□ National Pollutant Discharge Elimination Systems (NPDES) Certified Stormwater Inspector
Senior Lifeguard
Required Certifications
□ Advance Rescue Diving SCUBA certification
□ Advanced First Aid Certification and/or EMT Class I Certification □ Cardiopulmonary Resuscitation Certification
□ Cliff Rescue certification
□ EMT with Defibrillator certification
□ Lifesaving certification
□ PC-832 POST Certification
□ SCUBA certification
□ Swift water rescue certification
Optional Certifications
□ Professional Association of Diving Instructors (PADI) Master Scuba Diver □ Professional Association of Diving Instructors (PADI) Rescue Diver □ Technical Animal Rescue
□ Technical Rope Rescue – Advanced
□ Emergency Response/First Aid/CPR Instructor
□ Advanced Swift Water Rescue Technician
□ Swift Water Instructor
□ Cliff/Rope Rescue Instructor
Lifeguard/Community Services Specialist
Required Certifications
□ Advanced First Aid Certification and/or EMT Class I Certification □ Cardiopulmonary Resuscitation Certification
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21 Del Mar General Employee Association
2022
□ PC-832 POST Certification
□ Ocean Lifesaving Certificate
Optional Certifications
□ Professional Association of Diving Instructors (PADI) Master Scuba Diver □ Professional Association of Diving Instructors (PADI) Rescue Diver Cross ConnectionWater Utility Specialist I/II
Required Certifications
□ Class B Driver’s License
□ American Water Works Association (California-Nevada Section) Backflow Prevention Assembly General Tester Certificate
□ American Water Works Association (California-Nevada Section) Cross Connection Control Program Specialist Certificate
□ State of California Water Distribution Operators Certification Grade D-2 Optional Certifications
□ State of California Water Distribution Operators Certification Grade D-3 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-3
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-4
□ California Water Environment Association (CWEA) Mechanical Technologist Grade I
□ California Water Environment Association (CWEA) Mechanical Technologist Grade II
□ California Water Environment Association (CWEA) Mechanical Technologist Grade III
□ National Pollutant Discharge Elimination Systems (NPDE) Certified Stormwater Inspector
□ Class A Driver’s License
□ California Water Boards Treatment Certification- T-1
□ California Water Environment Association (CWEA) Plant Maintenance Technologist Grade I*
□ * Plant Maintenance Technologist certification is no longer offered by CWEA. Employees are eligible to receive certification pay only if the original certification was obtained no later than 2014.
Pump Operator/Mechanic I/IIWastewater Utility Specialist I/II Required Certifications
□ Class B Driver’s License
□ State of California Water Distribution Operators Certification Grade D-1 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1 (Level 1)
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□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2 (Level 2)
Optional Certifications
□ State of California Water Distribution Operators Certification Grade D-2 □ State of California Water Distribution Operators Certification Grade D-3 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2 (Level 1 only)
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-3
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-4
□ California Water Environment Association (CWEA) Mechanical Technologist Grade I
□
□ California Water Environment Association (CWEA) Mechanical Technologist Grade II
□ California Water Environment Association (CWEA) Mechanical Technologist Grade III
□ American Water Works Association (California-Nevada Section) Backflow Prevention Assembly General Tester Certificate
□ American Water Works Association (California-Nevada Section) Cross Connection Control Program Specialist Certificate
□ National Pollutant Discharge Elimination Systems (NPDE) Certified Stormwater Inspector
□ Class A Driver’s License
□ California Water Boards Treatment Certification- T-1
Utility Specialist I/II
Required Certifications
□ Class B Driver’s License
□ State of California Water Distribution Operators Certification Grade D-1 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1
□ National Playground Safety Institute Playground Safety Inspector Certification Optional Certifications
□ State of California Water Distribution Operators Certification Grade D-2 □ State of California Water Distribution Operators Certification Grade D-3 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-3
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-4
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-5
□ California Water Environment Association (CWEA) Mechanical Technologist Grade I
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□ California Water Environment Association (CWEA) Mechanical Technologist Grade II
□ California Water Environment Association (CWEA) Mechanical Technologist Grade III
□ American Water Works Association (California-Nevada Section) Backflow Prevention Assembly General Tester Certificate
□ American Water Works Association (California-Nevada Section) Cross Connection Control Program Specialist Certificate
□ National Pollutant Discharge Elimination Systems (NPDES) Certified Stormwater Inspector
□ Class A Driver’s License
□ California Water Boards Treatment Certification- T-1
□
Utility/Landscape Specialist
Required Certifications
□ Class B Driver’s License
□ State of California Water Distribution Operators Certification Grade D-1 Optional Certifications
□ State of California Water Distribution Operators Certification Grade D-2 □ State of California Water Distribution Operators Certification Grade D-3 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-3
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-4
□ California Water Environment Association (CWEA) Mechanical Technologist Grade I
□ California Water Environment Association (CWEA) Mechanical Technologist Grade II
□ California Water Environment Association (CWEA) Mechanical Technologist Grade III
□ American Water Works Association (California-Nevada Section) Backflow Prevention Assembly General Tester Certificate
□ American Water Works Association (California-Nevada Section) Cross Connection Control Program Specialist Certificate
□ National Pollutant Discharge Elimination Systems (NPDES) Certified Stormwater Inspector
□ Class A Driver’s License
□ California Water Boards Treatment Certification- T-1
Utility Worker I/II
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Required Certifications
□ Class B Driver’s License
□ State of California Water Distribution Operators Certification Grade D-1 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-1
Optional Certifications
□ State of California Water Distribution Operators Certification Grade D-2 □ State of California Water Distribution Operators Certification Grade D-3 □ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-2
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-3
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-4
□ California Water Environment Association (CWEA) Collection System Maintenance Certification Grade C-5
□ California Water Environment Association (CWEA) Mechanical Technologist Grade I
□ California Water Environment Association (CWEA) Mechanical Technologist Grade II
□ California Water Environment Association (CWEA) Mechanical Technologist Grade III
□ American Water Works Association (California-Nevada Section) Backflow Prevention Assembly General Tester Certificate
□ American Water Works Association (California-Nevada Section) Cross Connection Control Program Specialist Certificate
□ National Pollutant Discharge Elimination Systems (NPDE) Certified Stormwater Inspector
□ Class A Driver’s License
□ California Water Boards Treatment Certification- T-1
□
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Joe Bride, Public Works Director
Karen Falk, Principal Engineer
Kseniia Izgarskaia, Management Analyst
Via Ashley Jones, City Manager
DATE: June 20, 2022
SUBJECT: Introduction of an Ordinance Amending Sections 21.70.110 and 21.70.120 of the Del Mar Municipal Code to Revise Emergency Water Management Requirements for Drought Watch Conditions
REQUESTED ACTION/RECOMMENDATION:
Staff recommends the City Council hold a public hearing and introduce an Ordinance (Attachment A) amending the Del Mar Municipal Code (DMMC) Section 21.70.110 and Section 21.70.120 to revise water consumer demand reduction measures in accordance with recent State regulations.
BACKGROUND:
The State of California has experienced three consecutive years of drought, and many water reservoirs are currently at record low levels. California Governor Gavin Newsom has responded by issuing multiple emergency orders and directives over the last year including the following:
1. On April 21, 2021, Governor Newsom proclaimed a drought emergency for the Russian River watershed in Sonoma and Mendocino counties. He also directed state agencies to bolster drought resilience and prepare for additional impacts if dry conditions extended into a third year. Water suppliers were encouraged to implement Water Shortage Contingency Plans (WSCP) and increase conservation levels.
2. Unanticipated reductions in the amount of water flowing into the State’s major reservoirs continued. On July 8, 2021, Governor Newsom issued Executive Order N10-21 calling on all Californians to voluntarily reduce their water use by 15% compared to the 2020 levels. The executive order applied to 50 of the State’s 58 counties and excluded San Diego County.
3. On October 19, 2021, Governor Newsom issued a proclamation extending the drought emergency statewide and expanding the drought proclamation to all 58 of the State’s 1 June 20, 2022 Item 13
City Council Agenda Report
Introduction of Ordinance Amending DMMC Sections 21.70.110 and 21.70.120 June 20, 2022
counties, including San Diego County, repeating the request for voluntary conservation.
4. On March 28, 2022, Governor Newsom issued Executive Order N-7-22, directing the State Water Resources Control Board to consider requiring urban water suppliers to activate, at a minimum, Level 2 of their water shortage contingency plans and provide emergency regulations for urban water conservation by May 25, 2022.
On May 24, 2022, the State Water Resources Control Board adopted emergency regulations that require water suppliers to implement Level 2 Demand Reduction Measures as identified in the supplier’s Water Shortage Contingency Plans (WSCP) for a shortage level of 10-20% percent. The emergency regulation does not require formally moving into Level 2 or implementing any water supply augmentation measures. In response, the San Diego County Water Authority (Water Authority) and its member agencies, which includes Del Mar, are implementing Level 2 Demand Reduction Measures of their WSCP on a voluntary basis without formally moving to Level 2 at this time.
DISCUSSION/ANALYSIS:
The Water Authority and its member agencies have reduced per capita water use by nearly 50% since 1990 through water-efficient practices and measures. In addition, the San Diego Region, which was once reliant on imported water supplies from the Metropolitan Water District of Southern California, has expanded its portfolio of water supplies to include a variety of new resilient water supply sources. These actions have eliminated any water supply shortages to the San Diego region. Nonetheless, the Water Authority and its member agencies are committed to supporting Governor Newsom’s executive order that seeks a 20% reduction in water use across California.
In support of the State’s declared emergency, the Water Authority Board of Directors formally activated its WSCP Level 1 on October 28, 2021. Level 1 response actions include voluntary water-use efficiency measures and implementation of the WSCP’s communication plan.
Storage withdrawals are included as a potential action but are not needed at this time due to the availability of sufficient water supplies. The City of Del Mar has been in a Stage 1 – Drought Watch Condition since 2016, which currently remains in effect.
Section 21.70.110 of the DMMC, Drought Response Stage 1 (Level 1) – Drought Watch Condition, encourages voluntary water conservation. As written, this section of the Code is in need of revision to add specific water consumer demand reduction measures that would help decrease water consumption with a goal of up to 15%. The required revisions to this section add the demand reduction measures as voluntary in Stage 1. Section 21.70.112 of the DMMC, Drought Response Stage 2 (Level 2) – Drought Alert, is also inconsistent with the State’s recent emergency regulations and is in need of revision. The required revisions to this section change the voluntary demand reduction measures included in Stage 1 to mandatory in Stage 2, requiring a water demand reduction up to 20% and implementing a modified surcharge rate structure. Approval of the attached ordinance is required to amend the DMMC to comply with recent State actions. DMMC Sections 21.70.110 and 21.70.112, with the 2 June 20, 2022 Item 13
City Council Agenda Report
Introduction of Ordinance Amending DMMC Sections 21.70.110 and 21.70.120 June 20, 2022
proposed redlined changes, are included in this report for the Council’s reference as Attachment B.
Pursuant to the Water Authority’s Communication Plan, the City will increase public communication activities by publishing electronic newsletters, periodically updating the website’s drought information, administrating water waste reporting applications, and providing educational information to encourage water conservation. Following approval of recommended changes to DMMC, City staff will update the website with specific demand reduction measures and include information on water bill inserts.
While the City will encourage Stage 2 water demand reduction measures to promote water conservation, the City will not be formally moving into a Stage 2 drought response at this time.
A resolution reaffirming the City’s intent to remain in Stage 1 but encouraging voluntary Stage 2 water demand reduction measures will be brought back for Council’s consideration at the next Council meeting on July 11, 2022.
The City’s Public Works Department will immediately implement all the Stage 2 water demand reduction measures. These measures include reducing park watering frequencies to three times per week and eliminating washing down hardscape areas at Shores Park, Powerhouse Park, Seagrove Park and all beach access walkways and showers. Unfortunately, these activities will result in visual impacts to vegetation and green spaces and areas of sand accumulation, which will need to be hand swept moving forward. The only exception will be hosing down of restrooms as need for public health and safety reasons.
PRIOR CITY COUNCIL REVIEW:
On December 13, 2021, the City Council adopted Ordinance No. 984, to revise emergency water management requirements for drought watch conditions.
On July 5, 2016, the City Council adopted Resolution No. 2016-42, declaring Drought Response Stage 1 – Drought Watch to be in effect, but urging citizens and businesses to continue voluntary efforts to conserve water by following measures adopted during the Stage 2 response in 2015-2016.
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the Council related to this agenda item.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
ATTACHMENTS:
Attachment A – Ordinance Amending DMMC Sections 21.70.110 and 21.70.120 Attachment B – Redlined changes in DMMC Sections 21.70.110 and 21.70.120 3 June 20, 2022 Item 13
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA, AMENDING DEL MAR MUNICIPAL CODE
SECTIONS 21.70.110 (DEMAND MANAGEMENT/DROUGHT
RESPONSE STAGE 1 — DROUGHT WATCH CONDITION) AND
21.70.120 (DEMAND MANAGEMENT/DROUGHT RESPONSE
STAGE 2 — DROUGHT ALERT CONDITION) TO REVISE
EMERGENCY WATER MANAGEMENT REQUIREMENTS FOR
DROUGHT WATCH AND ALERT CONDITIONS
WHEREAS, water supply conditions have been challenged statewide in California for several years; and
WHEREAS, Chapter 21.70 of the Del Mar Municipal Code establishes an emergency water management program in order to conserve water supplies, minimize the effects of water supply shortages, and allow the City to respond to water emergency conditions; and
WHEREAS, Section 21.70.110 of the Del Mar Municipal Code establishes emergency water conservation requirements for Drought Response Stage 1 – Drought Watch Condition; and
WHEREAS, Section 21.70.120 of the Del Mar Municipal Code establishes emergency water conservation requirements for Drought Response Stage 2 – Drought Alert Condition; and
WHEREAS, on July 21, 2014, the City Council adopted Resolution No. 2014-64, declaring Drought Response Stage 2 – Drought Alert to be in effect advising all customers to increase water conservation; and
WHEREAS, on June 1, 2015, the City Council adopted Ordinance No. 907 as an urgency ordinance to implement drought measures issued by the State and authorizing the City Manager to implement and enforce the urgency drought measures, including restrictions on outdoor irrigation; and
WHEREAS, on July 5, 2016, the City Council adopted Resolution No. 2016-42, declaring Drought Response Stage 1 – Drought Watch Conditions to be in effect, reducing the drought response stage, but urging citizens and businesses to continue voluntary efforts to conserve water by following measures adopted during the Stage 2 response in 2015-2016 and continuing the mandatory water use prohibitions of the urgency drought measures; and
WHEREAS, on July 8, 2021, California Governor Newsom issued Executive Order N-10-21 calling on all Californians to voluntarily reduce their water use by 15% compared to 2020 levels, with the order applying to 50 of the state’s 58 counties and excluded San Diego County; and
4 June 20, 2022 Item 13
Ordinance No. XXX
WHEREAS, on October 19, 2021, Governor Newsom issued a proclamation extending the drought emergency statewide and further urging Californians to step up their water conservation efforts as the western United States faces a potential third dry year; and
WHEREAS, on October 28, 2021, the San Diego County Water Authority adopted a resolution to activate Level 1 of its Water Shortage Contingency Plan and encourage its member agencies to activate the appropriate voluntary provisions of their shortage contingency plans; and
WHEREAS, on December 13, 2021, the City Council adopted Ordinance No. 984 revising the emergency water conservation requirements for Drought Response Stage 1 – Drought Watch Condition of Section 21.70.110 of the Del Mar Municipal Code; and WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7- 22 directing the State Water Resources Control Board to provide emergency regulations for urban water conservation by May 25, 2022; and
WHEREAS, on May 24, 2022, the State Water Resources Control Board adopted a resolution to adopt emergency regulations that require certain water suppliers to implement Level 2 demand reduction measures as identified in the supplier’s water shortage contingency plans for a shortage level of ten to twenty percent; and WHEREAS, the emergency regulations adopted by the State Water Resources Control Board’s May 24, 2022 resolution went into effect on June 10, 2022; and WHEREAS, the City of Del Mar is not required to implement Level 2 demand reduction measures but nonetheless desires to continue to encourage reduced demand in response to the State Water Resources Control Board’s action; and WHEREAS, in order to implement demand reduction measures, Section 21.70.110 of the Del Mar Municipal Code is in need of revision to add specific water consumer demand reduction measures that would help decrease water consumption of up to 10% (generally mirroring measures adopted as part of the June 1, 2015 urgency ordinance) and Section 21.70.112 of the Del Mar Municipal Code requires revisions to change the voluntary demand reduction measures included in Stage 1 to mandatory in Stage 2, encouraging a water demand reduction between 10 to 20%.
NOW THEREFORE, the City Council of the City of Del Mar, California, hereby ordains as follows:
SECTION ONE:
That Section 21.70.110 of Chapter 21.70 of the Del Mar Municipal Code relating to Emergency Water Management of the City of Del Mar is amended to read as follows:
21.70.110 Demand Management/Drought Response Stage 1 - Drought Watch Condition.
5 June 20, 2022 Item 13
Ordinance No. XXX
A. A Demand Management/Drought Response Stage 1 condition is also referred to as a "Drought Watch" condition. A Stage 1 shall be declared to encourage voluntary water conservation. This Stage 1 condition applies when the Water Authority notifies its member agencies to activate the appropriate voluntary provisions of the water shortage contingency plan.
B. When Stage 1 is declared and in effect, all persons shall be urged to comply, on a voluntary basis, with the water usage reduction and other conditions as may be identified by the Governor, State of California, or San Diego County Water Authority.
C. In addition to the water usage reductions and other conditions referenced in subsection B above, when Stage 1 is declared and in effect all persons are requested to comply with the following water demand reduction measures;
1. Irrigating “Non-Functional Turf” at commercial, industrial, and institutional sites is prohibited. “Non-Functional Turf,” as defined in section 996 of title 23 of the California Code of Regulations, as may be amended from time to time, is defined as any turf (grass) that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. “Non-Functional Turf” does not include sports fields and turf that is regularly used for human recreational purposes of for civic or community events. a. Notwithstanding subsection (C)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.
b. Notwithstanding subsection (C)(1), the City may approve a request for continued irrigation of non-functional turf where the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.
2. Stop washing down paved surfaces, including but not limited to sidewalks, driveways, parking lots, tennis courts, or patios, except when it is necessary to alleviate safety or sanitation hazards.
3. Stop water waste resulting from inefficient landscape irrigation, such as runoff, low head drainage, or overspray, etc. Similarly, stop water flows onto nontargeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.
4. Irrigate residential and commercial landscape before 10 AM or after 6 PM; limited to three applications per week. Irrigation is prohibited during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.
5. Use a handheld hose equipment with positive shut-off nozzle and bucket to wash vehicles.
6. Serve and re-fill water in restaurants, bars, and other food service establishments only upon request.
7. Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily.
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Ordinance No. XXX
8. Repair all water leaks within 72 hours of notification by the City.
9. Use re-circulated water to operate ornamental fountains.
10. Use non-potable water for construction purposes when available.
Additional Conditions on Uninterrupted Delivery: None.
SECTION TWO:
That Section 21.70.120 of Chapter 21.70 of the Del Mar Municipal Code relating to Emergency Water Management of the City of Del Mar is amended to read as follows:
21.70.110 Demand Management/Drought Response Stage 2 - Drought Alert Condition.
A. Demand Management/Drought Response Stage 2 condition is also referred to as a "Drought Alert" condition. A Stage 2 shall be declared when the City determines that water usage should be reduced up to 20 percent from the ordinary demand requirement, as determined by the City.
B. When Stage 2 is declared and in effect, metered customers of the City shall receive uninterrupted water delivery subject to the modified surcharge rate structure set as follows:
Meter
Size
Bimonthly Fixed Surcharge During Demand Management/Drought:
7/1/19 1/1/20 1/1/21 1/1/22 1/1/23 1/1/24
⅝" $2.98 $3.14 $3.26 $3.40 $3.64 $3.84
¾" 4.48 4.70 4.90 5.10 5.46 5.76
1" 7.46 7.84 8.16 8.50 9.10 9.58
1 ½" 14.90 15.68 16.30 17.00 18.20 19.14
2" 23.84 25.08 26.08 27.20 29.10 30.64
3" 47.68 50.14 52.16 54.40 58.20 61.26
4" 74.48 78.32 81.48 84.98 90.94 95.70
22nd
DAA*
953.24 1,002.48 1,042.94 1,087.64 1,163.98 1,224.84
One 8" meter and two 10" meters
Volumetric Surcharge applied to all units of usage by all customer classes. 7 June 20, 2022 Item 13
Ordinance No. XXX
Volumetric Surcharge During Demand Management/Drought Periods:
7/1/19 1/1/20 1/1/21 1/1/22 1/1/23 1/1/24
$0.23 $0.25 $0.26 $0.27 $0.29 $0.30
C. When Stage 2 is declared and in effect, the demand reduction measures listed in Stage 1 shall become mandatory.
SECTION THREE:
This Ordinance was introduced by the City Council on June 20, 2022.
SECTION FOUR:
The City Clerk is directed to prepare and have published a summary of this Ordinance no less than five days prior to the consideration of its adoption and again within 15 days following adoption indicating votes cast.
SECTION FIVE:
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION SIX:
The Ordinance shall take effect and be in full force thirty (30) days after the date of adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California at the Regular Meeting held this 11th day of July, 2022. ______________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
____________________________
Leslie E. Devaney, City Attorney
City of Del Mar
8 June 20, 2022 Item 13
Ordinance No. XXX
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, SARAH KRIETOR, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. XXX which has been published pursuant to law, and adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 11th day of July, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Sarah Krietor, City Clerk/Administrative
Services Manager
City of Del Mar
9 June 20, 2022 Item 13
Chapter 21.70 EMERGENCY WATER MANAGEMENT
21.70.110 Demand Management/Drought Response Stage 1—Drought Watch Condition.
A. A Demand Management/Drought Response Stage 1 condition is also referred to as a "Drought Watch" condition. A Stage 1 shall be declared to encourage voluntary water conservation. This Stage 1 condition applies when the Water Authority notifies its member agencies to activate the appropriate voluntary provisions of the water shortage contingency plan.
B. When Stage 1 is declared and in effect, all persons shall be urged to comply, on a voluntary basis, with the water usage reduction and other conditions as may be identified by the Governor, State of California, or San Diego County Water Authority.
C. In addition to the water usage reductions and other conditions referenced in subsection B above, when Stage 1 is declared and in effect all persons are requested to comply with the following water demand reduction measures:;
1. Irrigating “Non-Functional Turf” at commercial, industrial, and institutional sites is prohibited. “Non-Functional Turf,” as defined in section 996 of title 23 of the California Code of Regulations, as may be amended from time to time, is defined as any turf (grass) that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. “Non-Functional Turf” does not include sports fields and turf that is regularly used for human recreational purposes of for civic or community events. a. Notwithstanding subsection (C)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.
b. Notwithstanding subsection (C)(1), the City may approve a request for continued irrigation of non-functional turf where the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.
2. Stop washing down paved surfaces, including but not limited to sidewalks, driveways, parking lots, tennis courts, or patios, except when it is necessary to alleviate safety or sanitation hazards.
3. Stop water waste resulting from inefficient landscape irrigation, such as runoff, low head drainage, or overspray, etc. Similarly, stop water flows onto nontargeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.
4. Irrigate residential and commercial landscape before 10 AM or after 6 PM; limited to three applications per week. Irrigation is prohibited during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain. 10 June 20, 2022 Item 13
5. Use a handheld hose equipment with positive shut-off nozzle and bucket to wash vehicles.
6. Serve and re-fill water in restaurants, bars, and other food service establishments only upon request.
7. Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily.
8. Repair all water leaks within 72 hours of notification by the City.
9. Use re-circulated water to operate ornamental fountains.
10. Use non-potable water for construction purposes when available.
Additional Conditions on Uninterrupted Delivery: None.
21.70.120 Demand Management/Drought Response Stage 2—Drought Alert Condition.
[No changes to Sections A and B]
C. When Stage 2 is declared and in effect, the demand reduction measures listed in Stage 1 shall become mandatory.
11 June 20, 2022 Item 13
City of Del Mar
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Monica Molina, Finance Manager/Treasurer
Ashley Jones, City Manager
DATE: June 20, 2022
SUBJECT: Fiscal Year 2021-22 Third Quarter Financial Report REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council receive the Fiscal Year (FY) 2021-22 Third Quarter Financial Report and authorize revenue adjustments totaling $216,630, and expenditure adjustments totaling $2,300 as included in Exhibit A of Attachment A.
DISCUSSION/ANALYSIS:
On June 21, 2021, the City Council approved the Fiscal Years 2021-22 and 2022-23 Operating and Capital Budget (Budget). At that time, the pandemic continued to have significant impacts on the City’s financial position, and although some economic recovery was expected over the next two years, revenues were not projected to reach pre-COVID levels during the two-year budget cycle. The Budget was developed with the goal of maintaining essential services to the community, and limiting operating, capital and special project expenditures, which were envisioned to be increased in a slow and gradual manner as additional revenues become available.
On November 1, 2021, staff presented the FY 2020-21 Preliminary Financial Report to the City Council, which indicated positive results. Based on those results, the City Council authorized additional allocations in FY 2021-22 from the General Fund Contingency totaling $822,500 to the Pension Reserve Fund, $178,350 to the Equipment Replacement Fund, and $100,000 to the Housing Reserve Fund.
On March 1, 2022, staff presented the FY 2021-22 Mid-Year Financial Report to the City Council which continued to show positive results with the anticipation that some General Fund revenue sources would reach pre-Covid levels by the end of the fiscal year. The Mid-Year Report included increasing projected General Fund revenues by $1,581,100 and General Fund expenditures by $410,790. The adjusted June 30, 2022 General Fund Contingency at Mid-Year was $4,325,043, which is a 28.12% contingency (103 days of operation). It is important to note that this level of contingency is solely related to revenues coming in much higher than projected, while expenditures continued to remain very constrained.
After a thorough review of the third quarter financial data, which is discussed in detail below, staff recommends decreasing General Fund revenues by $203,770 and reducing General Fund expenditures by $226,000. This will result in an adjusted June 30, 2022 General Fund Contingency of $4,176,281 or 27.12% (99 operating days). The Third Quarter Financial Report represents a General Fund Contingency decrease of $148,762 in comparison to the Mid-Year Financial Report. An updated General Fund Cash Flow report is included as Attachment B, which provides a breakdown of the difference between the Mid-Year and Third Quarter Financial Report. 1 June 20, 2022 Item 14
City Council Agenda Report
FY 2021-22 Third Quarter Financial Report
June 20, 2022
General Fund Revenues
Staff has reviewed revenues through the third quarter of the current fiscal year (July 2021-March 2022) and a net decrease of $203,770 in General Fund revenue adjustments is being recommended at this time. Although the third quarter report is recommending a net decrease in General Fund revenues, the overall revenue results are positive, and a large portion of the net reduction is related to the recording of the Coronavirus State and Local Fiscal Relief Fund revenue that is discussed below in detail. Below is information regarding the revenues received through the third quarter of the fiscal year in each of the City’s largest sources of revenue, which is summarized, along with recommended adjustments in Table B at the end of this section.
Property Tax
To date, the City has received ten property tax apportionments. The largest of these distributions received in December 2021 and April 2022. The total property tax received by the City to date for FY 2021-22, is $6,512,845, which exceeds current projections of $6,472,770. In comparison to the same time last year, current receipts indicate that property tax is coming in around 4% higher. An adjustment in the amount of $137,230 is being recommended at this time to account for the revenue that is anticipated to be received for the remainder of the fiscal year.
Transient Occupancy Tax (TOT)
The following Table A, summarizes the actual TOT receipts for nine months of the fiscal year and assumptions for the remaining three months of the year:
Table A. 5-Year History of Third Quarter/Year End TOT Results Fiscal Year Third Quarter
Results
% of Total Year-End
Results
Difference
(Compare to
Prior Yr. 3rd Qtr.)
Gain or
(loss)**
2021-22 $2,466,600 77% $3,200,000* $1,274,828 $133,159
2020-21 1,191,772 67% 1,792,090 (946,124) (1,184,751)
2019-20 2,137,896 93% 2,300,504 (129,016) (676,337)
2018-19 2,266,912 76% 2,976,841 3,303 Base
2017-18 2,263,609 75% 3,006,969 244,596 -
*Assumes that last three months of revenue will meet revenue projections. **Gain or losses of year-end results when compared to FY 2018-19 year-end results.
Since the report to the Finance Committee on June 8, 2022, the City has received April’s TOT collections which are reporting another record-breaking month. As the economy continues to recover, the City has seen consistent increases to TOT collections. Based on current receipts, staff projects that TOT revenue will exceed current projections of $3 million and is recommending increasing TOT revenue by $200,000 resulting in a new projection of $3.2 million.
Sales Tax
In late April, staff met with HdL, the City’s sales tax consultant, to review second quarter results.
Although results were positive, sales tax revenues are reporting a slower recovery. HdL does not anticipate sales tax revenues to reach pre-pandemic levels until FY 2023-24. HdL’s year-end projection for FY 2021-22 of $1.9 million is $50,000 more or 3% higher than staff’s adjusted conservative projection of $1.85 million. Staff is recommending remaining conservative in sales tax projections since it is unknown at this time how the upcoming San Diego County Fair, which will be a shorter event than past years, will impact revenues. Staff is recommending an increase in sales tax revenues of $100,000, resulting in a new projection of $1.85 million. 2 June 20, 2022 Item 14
City Council Agenda Report
FY 2021-22 Third Quarter Financial Report
June 20, 2022
Parking Meter
Based on the current use of parking meters and the continuous good weather, staff has reevaluated projections based on three quarters of data. Maintaining a conservative approach, staff is recommending increasing parking meter revenue by $100,000, resulting in a new projection of $1,475,000 in parking meter income.
Insurance Claim Reimbursement
The adopted FY 2021-22 Budget included legal fees related to a liability claim and related litigation. Also included in the adopted budget was revenue for insurance reimbursements to the City for any expenses paid by the City that exceeded the $100,000 required retainer (similar to a deductible) related to this claim. The claim was settled in FY 2020-21 with the final legal fees being paid in the current year, and no further legal fees are being incurred for this claim. Staff is recommending a reduction in insurance claim reimbursement in the amount of $226,000 which will be offset by a reduction in legal fee expenditures, resulting in no impact to the General Fund Contingency.
Coronavirus State and Local Fiscal Relief Fund (CSLFRF) As will be described in more detail in the FY 2022-23 Budget Update Financial Report, it is anticipated that the City will allocate the CSLFRF monies to equipment and capital expenditures that were deferred in FY 2020-21 and 2021-22, due to the pandemic related revenue loss, which will be re-instated and included in the FY 2022-23 Mid-Year Report or the next two-year budget that will be adopted in June 2023. Based on reporting requirements, the City is not allowed to report CSLFRF monies as revenues until the year they are expensed. Since the funds will not be utilized for FY 2021-22 expenditures, a revenue adjustment in the amount of $515,000 is required to remove the funds from the current year. The total CSLFRF allocation of approximately $1 million will be included in the budget year that funds are expensed.
The following Table B summarizes the requested General Fund Third Quarter adjustments:
Table B. Recommended FY 2021-22 General Fund Revenue Adjustments:
Account Current Budget
Projection
Recommended
Adjustment
3rd Quarter
Projection
Property tax $7,173,830 $137,230 $7,311,060
TOT 3,000,000 200,000 3,200,000
Sales tax 1,750,000 100,000 1,850,000
Parking meter 1,375,000 100,000 1,475,000
Insurance claim reimbursement 360,000 (226,000) 134,000 Local fiscal relief fund 515,000 (515,000) -
Other revenue 4,499,810 - 4,499,810
Total $18,673,640 ($203,770) $18,469,870
3 June 20, 2022 Item 14
City Council Agenda Report
FY 2021-22 Third Quarter Financial Report
June 20, 2022
Other Non-General Fund Revenue Adjustments
Included in this report are the following non-General Fund revenue adjustments:
An increase of $35,000 to the Open Space fund to account for grant funds received from the County of San Diego, including a $10,000 Community Enhancement Program grant and a $25,000 Neighborhood Reinvestment Program Grant for the Riverpath Del Mar Extension Project.
An increase of $135,400 to the AB939 fund to account for the $115,000 one-time reimbursement from EDCO for contracting costs and staff time to complete the RFP process and a $20,400 CalRecycle grant for SB 1383 implementation efforts that will include outreach and education to ensure Del Mar’s residents and businesses are fully equipped and prepared to comply with the law by 2024.
An increase of $100,000 in the Wastewater Fund due to higher usage charges based on current activity.
General Fund Operating Expenditures
Staff has reviewed expenditures through the third quarter of the current fiscal year (July 2021 - March 2022) and will be recommending a decrease of $226,000 in General Fund expenditures.
Staff continues to focus on keeping expenditures to a minimum. Due to positive results, the MidYear Financial report included a slight increase in some tree and landscaping services. No additional increases in services are being recommended by staff at this time. Staff will be presenting the FY 2022-23 Budget Update that will include restoring services back to pre-Covid levels. However, staff is recommending one General Fund expenditure reduction that was explained in the revenue section (Insurance Claim Reimbursement), which involved a large claim that was settled with no further legal fees being incurred. Staff is recommending reducing Legal Services program by $226,000, which is offset by the reduction in revenue.
Capital Improvement/Special Projects
Staff has reviewed the current status of all active capital improvement and special projects budgets, and they are in line with projections, with the exception of legal fees related to special projects. Staff is recommending a $120,000 increase to the Special Projects Fund to account for these additional legal fees largely related to the North County Transit District’s filing with the Federal Surface Transportation Board and proposed fencing project. No other adjustments to capital and special projects are being requested at this time.
Reserves
Based on the reduction in General Fund revenues due to the reporting requirement of the CSLFRF monies that will not be expensed until FY 2022-23 or later, the General Fund Contingency is lower than what was reported during Mid-Year, but slightly higher than the Council’s goal of maintaining a contingency of 25% or 90 days of operation. The June 30, 2022, estimated ending reserve balances in this report will be used as the estimated beginning balance for the FY 2022-23 Budget Update Report. Since it is anticipated that the excess contingency above the 25% will be needed for the items that will be added to the FY 2022-23 Budget Update, staff is not recommending increasing any reserves at this time. In October 2022, when FY 2021- 22 Preliminary Results are presented to the City Council, staff will recommend additional reserve transfers if revenues exceed current projections. A breakdown of the new projected General Fund Reserve balances are included below in Table C.
4 June 20, 2022 Item 14
City Council Agenda Report
FY 2021-22 Third Quarter Financial Report
June 20, 2022
Table C. Projected Ending General Fund Reserve Balance at June 30, 2022 Account FY 2021-22
Adopted Budget
(6/17/21)
FY 2021-22
Mid-Year
(3/1/22)
3rd Quarter
Report
(6/20/22)
General Fund Contingency 19.92% 28.12% 27.12%
General Fund Contingency $2,986,154 $4,325,043 $4,176,281 Pension Reserve 1,470,200 2,292,700 2,292,700
Self-Insurance 300,000 378,447 378,447
Leave Liability 63,123 100,000 100,000
Equipment Replacement 721,650 900,000 900,000
Total General Fund $5,541,127 $7,996,190 7,847,428
Housing Reserve 100,000 300,000 300,000
Measure Q Fund
Revenues
In comparison to sales tax, Measure Q revenues related to online sales made by Del Mar residents are allocated directly to Del Mar and not included in the County pool. Based on the current trend, and the sales tax analysis prepared by the City’s third-party sales tax consultant, Measure Q is showing a faster recovery in comparison to sales tax. However, like sales tax, it is not anticipated that Measure Q revenues will recover to pre-Covid levels by the end of this fiscal year. Staff is recommending maintaining a conservative approach and increasing Measure Q revenues for FY 2021-22 by $150,000, resulting in a new projection of $2.85 million.
Expenditures
In June 2021, during the adoption of the FY 2021-22 and 2022-23 Operating and Capital Budget, the City Council limited the use of Measure Q funds to Pavement Rehabilitation (Measure Q portion of the City’s required Maintenance of Effort (MOE)) and authorized carry over funds to finish outstanding contractual commitments. In FY 2020-21, the City Council established an undergrounding project budget for Tewa Court and in July 2021, the City Council established undergrounding districts 1A and X1A. The total available funding for all Measure Q projects is currently at $2,325,125. After review of the current outstanding Measure Q project commitments, staff is recommending increasing the undergrounding general account by $108,300 to account for staff related costs that will be reimbursed to the General Fund and legal fees related to all undergrounding projects.
Reserves
Based on the third quarter financial results, actual revenues received to date, and projected activity through the remainder of the fiscal year, the new estimated ending fund balance on June 30, 2022 is projected at $3,719,136.
CITY’S CASH INVESTMENTS’
Pursuant to the City’s Investment Policy, included with this report as Attachment C, is the Treasurer’s Report as of March 31, 2022.
5 June 20, 2022 Item 14
City Council Agenda Report
FY 2021-22 Third Quarter Financial Report
June 20, 2022
FINANCE COMMITTEE FEEDBACK
Staff presented the Third Quarter Financial Results to the City’s Finance Committee on June 8, 2022. The committee was highly complementary of staff’s hard work, and unanimously passed the following motion: The Finance Committee recommends that the City Council adopt the recommendations as outlined in the June 8, 2022 staff report to the Finance Committee for revenue and expenditure increases. The Committee Chair expressed concern that property tax projections may be too low; however, agreed to maintaining staff’s conservative projections.
SUMMARY
After a very thorough review of the third quarter activity, staff is recommending a decrease of $203,770 to projected General Fund revenues, and a decrease of $226,000 in General Fund expenditures. If these adjustments are approved, the new ending General Fund Contingency balance will be $4,176,281, which represents a 27.12% contingency (99 days of operations).
NEXUS TO CITY COUNCIL PRIORITIES
This item is operational in nature but does include funding for work plan items included on the City Council’s list of Goals and Priorities.
FISCAL IMPACT:
Approval of the recommended actions for this agenda item will require budget adjustments to the Fiscal Year 2021-22 Operating and Capital Budget as identified in Exhibit A of Attachment A of this report. The net impact to each fund is as follows:
Fund Amount
General Fund $22,230
Measure Q Fund 41,700
Capital Improvement Fund-Open Space 35,000
AB939 Fund 135,400
Special Projects Fund (120,000)
Wastewater Fund 100,000
Total Adjustments $214,330
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
ATTACHMENTS
Attachment A - Resolution Amending the Fiscal Year 2021-22 Operating and Capital Budget
Attachment B - Fiscal Year 2021-22 General Fund Cash Flow Report Attachment C - Fiscal Year 2021-22 Third Quarter Treasurer’s Report 6 June 20, 2022 Item 14
Attachment A
RESOLUTION 2022-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, AMENDING THE FISCAL YEAR 2021-2022 OPERATING AND
CAPITAL BUDGET
WHEREAS, on June 21, 2021, the City Council of the City of Del Mar passed Resolution 2021-26, adopting the Fiscal Years 2021-2022 and 2022-2023 Operating and Capital Budget; and
WHEREAS, on March 7, 2022, after comprehensive review of Mid-Year expenditures and revenues, the City Council passed Resolution 2022-19, amending the Fiscal Year 2021-22 Operating and Capital Budget; and
WHEREAS, a comprehensive third quarter review of expenditures and revenues through March 31, 2022 has been completed; and
WHEREAS, based on the results of the review, adjustments to the Fiscal Year 2021-22 Operating and Capital Budget are needed in order to cover costs and account for anticipated revenues through the end of the current fiscal year (Exhibit A).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar, California, that the above recitals are true and correct.
BE IT FURTHER RESOLVED, that the Fiscal Year 2021-22 Operating and Capital Budget is amended as shown on Exhibit “A” to the Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at a Special Meeting held on the 20th day of June 2022. ________________________________
Dwight Worden, Mayor
City of Del Mar
APPROVED AS TO FORM:
________________________________
Leslie E. Devaney, City Attorney
City of Del Mar
7 June 20, 2022 Item 14
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, Sarah Krietor, Administrative Services Manager/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution 2022-______, adopted by the City Council of the City of Del Mar, California, at a Special Meeting held the 20th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Sarah Krietor,
Administrative Services Manager/City Clerk
City of Del Mar
8 June 20, 2022 Item 14
BEGINNING ENDING
BALANCE O & M CIP BALANCE
JUL 1, 2021 REVENUES EXPENDITURES EXPENDITURES IN (OUT) JUN 30, 2022 ACTUAL FY 2022 FY 2022 FY 2022 FY 2022 FY 2022 ESTIMATE CONTINGENCY 27.12% 18,248,670 4,408,817 (13,284,490) - 567,934 (5,764,650) $ 4,176,281 RESTRICTED: SELF-INSURANCE 500,000 134,000 (460,950) - 205,397 - 378,447 DESIGNATED:
ENCUMBRANCES - - - - - - -
COASTAL PARKING REVENUE - 81,900 (81,900) - - - -
SIDEWALK CAFÉ 5,300 - (5,300) - - - -
COVID ECONOMIC UNCERTAINTY RESERVE 200,000 - - - - (200,000) - PENSION RESERVE 1,220,200 - - - 1,072,500 - 2,292,700
LEAVE LIABILITY 100,000 - - - - - 100,000
EQUIPMENT REPLACEMENT 724,850 - (103,200) - 278,350 - 900,000 TOTAL GENERAL FUND 7,153,867 18,469,870 (13,935,840) - 2,124,181 (5,964,650) 7,847,428 2,850,000 3,302,561 - (2,433,425) - - 3,719,136
- - - - - - -
86,990 79,664 - - - (166,654) -
119,380 - (593,730) - 474,350 - -
320,360 - (1,052,980) - 732,620 - -
DESIGNATED
ENCUMBRANCES 26,628 - - (26,628) - - -
CAPITAL IMPROVEMENT PROJECTS - 215,000 - (530,100) 315,100 - - OPEN SPACE ACQUISITION 86,388 - - - - - 86,388
TREE RESERVE 34,267 - - - - - 34,267
TOTAL OPEN SPACE FUND 147,283 535,360 (1,052,980) (556,728) 1,047,720 - 120,655 161,280 - - - - (161,280) - 48,000 15,436 (59,760) - 3,375 - 7,051
CITY OF DEL MAR
RESERVE SUMMARY
FISCAL YEAR 2021-2022
(June 20, 2022)
TRANSFERS
THIRD QUARTER FINANCIAL REPORT
GENERAL FUNDMEASURE QEMERGENCY EXPENDITURE FUNDROAD MAINTENANCE REHABILITATION ACCTGAS TAX FUNDOPEN SPACE FUNDSUPPLEMENTAL LAW ENFORCEMENT FUNDREGIONAL COMMUNICATIONS FUND 9 June 20, 2022 Item 14
BEGINNING ENDING
BALANCE O & M CIP BALANCE
JUL 1, 2021 REVENUES EXPENDITURES EXPENDITURES IN (OUT) JUN 30, 2022 ACTUAL FY 2022 FY 2022 FY 2022 FY 2022 FY 2022 ESTIMATE
CITY OF DEL MAR
RESERVE SUMMARY
FISCAL YEAR 2021-2022
(June 20, 2022)
TRANSFERS
THIRD QUARTER FINANCIAL REPORT
58,920 120,657 (53,970) - - - 125,607
3,000 249,751 (99,550) - 300,000 - 453,201
200,400 219,262 (172,120) - - - 247,542
46,000 10,993 (6,500) - - 10,493 (40,000)
744,788 - (1,221,210) 476,422 - -
ENCUMBRANCES 308,370 (308,370) -
RESERVE FOR CAPITAL - -
DEBT SERVICE - - (905,670) - 905,670 - -
TOTAL CAPITAL IMPROVEMENT FUND 308,370 744,788 (905,670) (1,529,580) 1,382,092 - - - 3,992 - (810,492) 806,500 - -
223,000 3,090 (205,000) - - - 21,090
2,600 10,365 - (5,000) - - 7,965
266,500 392,666 (258,000) - - - 401,166
NET POSITION 1,331,985 4,057,660 (3,577,370) - - (995,629) 816,646 RESTRICTED:
CONTRIBUTED CAPITAL 4,028,272 - - - - - 4,028,272
DESIGNATED
ENCUMBRANCES - - - - - - -
SELF-INSURANCE 50,000 - - - - - 50,000
RATE STABILIZATION 200,000 - - - - - 200,000
CAPTIAL REPLACEMENT 197,621 - - (1,053,000) 855,379 - - NET PENSION LIABILITY (1,536,001) - - - - - (1,536,001) PENSION RESERVE 640,250 - - - 140,250 - 780,500
OPERATING RESERVE 475,000 - - - - - 475,000
EQUIPMENT REPLACEMENT 400,000 - (32,900) - - - 367,100
UTILITY PLANT IN SERVICE 7,082,655 - (385,000) - - - 6,697,655 TOTAL WATER FUND 12,869,782 4,057,660 (3,995,270) (1,053,000) 995,629 (995,629) 11,879,172 PEG FEE FUNDGRANTS FUNDHOUSING FUNDAB 939 FUNDCAPITAL IMPROVEMENT FUNDSPECIAL PROJECT FUNDTRANSNET FUNDRTCIPWORKERS' COMPENSATION FUNDWATER FUND 10 June 20, 2022 Item 14
BEGINNING ENDING
BALANCE O & M CIP BALANCE
JUL 1, 2021 REVENUES EXPENDITURES EXPENDITURES IN (OUT) JUN 30, 2022 ACTUAL FY 2022 FY 2022 FY 2022 FY 2022 FY 2022 ESTIMATE
CITY OF DEL MAR
RESERVE SUMMARY
FISCAL YEAR 2021-2022
(June 20, 2022)
TRANSFERS
THIRD QUARTER FINANCIAL REPORT
NET POSITION 122,974 597,550 (631,890) (283,000) 194,366 - -
DESIGNATED -
UTILITY PLANT IN SERVICE 20,000 - 20,000
ENCUMBRANCES 51,890 - (51,890) - -
CAPITAL REPLACEMENT RESERVE - - - -
TOTAL CLEAN WATER FUND 194,864 597,550 (631,890) (334,890) 194,366 - 20,000 NET POSITION 282,127 3,640,000 (3,344,130) - 100,000 (610,970) 67,027 -
RESTRICTED
IBANK RESERVE 228,828 - - - - - 228,828
CONTRIBUTED CAPITAL 650,814 - - - - - 650,814
LOAN RESERVE-STATE REVOLVING 332,979 - - - - - 332,979
DESIGNATED
ENCUMBRANCES - - - - - - -
SELF-INSURANCE 50,000 - - - - - 50,000
CAPITAL REPLACEMENT - - - (462,470) 462,470 - -
NET PENSION LIABILITY (1,544,128) - - - - - (1,544,128) PENSION RESERVE 668,500 - - - 148,500 - 817,000
OPERATING RESERVE 200,000 - - - - (100,000) 100,000
EQUIPMENT REPLACEMENT 100,000 - (32,900) - - - 67,100
UTILITY PLANT IN SERVICE 8,648,413 - (695,000) - - - 7,953,413 RATE STABILIZATION 200,000 - - - - - 200,000
TOTAL WASTEWATER FUND 9,817,533 3,640,000 (4,072,030) (462,470) 710,970 (710,970) 8,923,033 TOTAL ENTERPRISE FUNDS 8,295,210 22,882,179 (8,699,190) (1,850,360) 1,900,965 (1,706,599) 20,822,205 TOTAL - ALL FUNDS 32,111,298 34,900,136 (26,042,310) (7,185,585) 8,039,183 (8,039,183) 33,783,539CLEANWATER FUND
WASTEWATER FUND
11 June 20, 2022 Item 14
ACTUAL ACTUAL ACTUAL ACTUAL % BUDGET THIRD QTR PROPOSED ACTUAL % PROJECTED
REVENUE REVENUE REVENUE REVENUE RECV'D ADOPTED ADJ BUDGET AMENDED REVENUE RECV'D REVENUE FINAL FINAL FINAL 3RD QTR FY BUDGET THRU 5/16 REQUEST BUDGET 3RD QTR FY SOURCE OF FUNDS FY 2018-19 FY 2019-20 FY 2020-21 FY 2020-21 2020-21 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 2021-22 FY 2021-22GENERAL FUNDTAXES PROPERTY TAX 5, 5,662,270 6,384,954 983,399 4,001,559 62.7% 6,472,770 - 6,610,000 137,230 4,157,975 62.9% 6,610,000 VLF IN LIEU OF PROPERTY TAX 603,682 641,659 680,800 50.0% 340,351 - 701,060 - 701,060 49.9% 699,380 349,693 SALES AND USE TAX 1, 2,208,416 1,147,970 472,389 602,964 52.5% 1, 410,000 340,000 1,850,000 100,000 1,187,056 64.2% 1,850,000 TRANSIENT OCCUPANCY TAX 2, 2,982,510 1,792,090 300,504 1,191,772 66.5% 2,100,000 900,000 3,200,000 200,000 2,466,600 77.1% 3,200,000 BUSINESS LICENSE TAX 243,198 235,557 229,534 93.6% 214,816 - 225,000 - 225,000 114.4% 260,000 257,443 FRANCHISE TAX 424,931 390,482 324,804 41.2% 133,971 - 375,000 - 375,000 35.9% 369,000 134,450 REAL PROPERTY TRANSFER TAX 202,674 160,983 220,962 60.1% 132,766 - 150,000 - 150,000 125.5% 220,000 188,310 TOTAL 11,184,973 12,327,680 10,781,114 6,618,197 61.4% 11,363,830 1,310,000 437,230 13,111,060 8,741,525 66.7% 13,208,380LICENSES & PERMITS LICENSES & PERMITS 5,778 21,786 10,096 150 1.5% 5,000 - - 5,000 703 14.1% 2,000 JUNIOR LIFEGUARD 39,651 52,103 - - 97,800 - - 97,800 78,647 80.4% 87,980 PARKING PERMITS 29,465 34,755 21,315 15,265 71.6% 25,000 - - 25,000 23,293 93.2% 27,000 TOTAL 74,894 108,644 31,411 15,415 49.1% - 127,800 - 127,800 80.3% 102,643 116,980FINES & FORFEITURES MOVING VIOLATIONS/VEHICLE CODE FINES 78,894 90,538 47,019 32,303 68.7% 70,000 - - 70,000 27,203 38.9% 40,000 PARKING VIOLATIONS 508,842 593,192 896,374 59.5% 533,388 25,000 675,000 - 700,000 68.1% 750,000 476,688 PENALTIES 13,257 13,119 12,106 6,380 52.7% 12,000 - - 12,000 12,615 105.1% 15,000 ADMINISTRATIVE CITATIONS 23,893 26,245 27,600 17,500 63.4% 22,000 - - 22,000 35,270 160.3% 38,000 RED LIGHT ENFORCEMENT 88,651 102,118 65,903 45,906 69.7% 70,000 - - 70,000 36,380 52.0% 55,000 TOTAL 740,862 1, 797,887 635,478 049,003 60.6% 25,000 849,000 - 874,000 67.3% 898,000 588,156REVENUE FROM USE OF ASSETS INV EARN-GENERAL 229,761 48,673 135,117 9,293 19.1% 60,000 - - 60,000 32,264 53.8% 50,000 RENTAL INCOME 221,258 195,857 99,607 133,190 74.8% - 190,000 - 190,000 87.6% 190,000 166,388 PARKING METER INCOME 1, 1,127,508 1,600,304 072,694 1,157,026 72.3% 1,200,000 175,000 1,475,000 100,000 1,276,599 86.5% 1,475,000 SIDEWALK CAFÉ USER FEE 5,194 10,424 2,940 2,940 100.0% 5,300 - - 5,300 490 9.2% 5,300 TOTAL 1, 1,588,951 1,785,107 408,862 1,268,865 71.1% 1,455,300 175,000 1,730,300 100,000 1,475,741 85.3% 1,720,300REVENUE FROM OTHER AGENCIES MOTOR VEHICLE LICENSE FEE 3,523 2,075 3,130 3,130 100.0% 3,530 - - 3,530 4,919 139.4% 4,920 PUBLIC SAFETY AUGMENTATION FUND 81,422 83,629 85,433 57,064 66.8% 83,900 - - 83,900 69,888 83.3% 90,000 HOMEOWNER EXEMPT 37,492 36,175 36,737 18,368 50.0% 38,740 - - 38,740 17,859 46.1% 35,700 STATE MANDATED COST REIMB 6,583 215 - - 3,000 - - 3,000 - 0.0% 1,500 FEDERAL/STATE GRANTS - 24,363 21,325 - 0.0% - - - - - 0.0% - CONTRACT SOLANA BEACH 2,925 18,975 - - - - - - - 0.0% - OFF-TRACK PARIMUTUEL 5,026 19,208 2,417 19 0.8% - - 3,868 100.0% 4,450 SOLID WASTE 30,369 29,807 23,853 19,475 81.6% 28,000 - - 28,000 23,485 83.9% 27,760 TOTAL 214,447 167,341 98,056 172,895 56.7% - 157,170 - 157,170 76.4% 164,330 120,021
CITY OF DEL MAR
FISCAL YEAR 2021-2022
THIRD QUARTER FINANCIAL REPORT
REVENUE SUMMARIES
12 June 20, 2022 Item 14
ACTUAL ACTUAL ACTUAL ACTUAL % BUDGET THIRD QTR PROPOSED ACTUAL % PROJECTED
REVENUE REVENUE REVENUE REVENUE RECV'D ADOPTED ADJ BUDGET AMENDED REVENUE RECV'D REVENUE FINAL FINAL FINAL 3RD QTR FY BUDGET THRU 5/16 REQUEST BUDGET 3RD QTR FY SOURCE OF FUNDS FY 2018-19 FY 2019-20 FY 2020-21 FY 2020-21 2020-21 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 2021-22 FY 2021-22
CITY OF DEL MAR
FISCAL YEAR 2021-2022
THIRD QUARTER FINANCIAL REPORT
REVENUE SUMMARIES
CHARGES - PLANNING SERVICES PLANNING SERVICES 424,409 364,135 505,823 78.9% 398,995 - 480,000 - 480,000 85.6% 520,000 410,896 ENGINEERING SERVICES 114,511 128,420 170,688 73.5% 125,492 - 155,000 - 155,000 84.9% 158,000 131,570 BUILDING SERVICES 323,506 325,694 504,913 78.7% 397,564 - 460,000 - 460,000 70.8% 410,000 325,737 TOTAL 862,426 1, 818,249 181,424 78.0% 1, 922,051 - 095,000 - 1,095,000 79.3% 1,088,000 868,203OTHER REVENUE SOURCES PARKING IN-LIEU FEE - 5,253 1,554 1,554 1,550 - - 1,550 2,796 180.4% 2,790 SALE OF PROPERTY - 18,723 - - - 28,600 - 28,600 28,600 100.0% 28,600 ADMINISTRATIVE CHARGE 841,650 875,320 910,340 75.0% 682,754 - 937,650 - 937,650 72.8% 937,650 682,758 CONTRIBUTIONS 17,939 2,831 214,996 70.9% - 152,482 43,720 - 43,720 45,435 103.9% 45,430 CORONAVIRUS RELIEF FUNDS (CSLFRF) - - 515,000 ( - 515,000) - 0.0% - ADMINISTRATIVE CHARGE-MEASURE Q - 53,259 154,603 - 0.0% - 130,000 - 56,271 130,000 43.3% 65,000 WC/STD REIMBURSEMENTS 43,456 54,871 39,320 149,021 379.0% - 20,500 - 20,500 35,709 174.2% 36,000 INSURANCE CLAIM REIMBURSEMENT 577,174 596,159 - 682,619 0.0% - 360,000 ( 134,000 226,000) 65,740 49.1% 134,290 EXPENDITURE REIMBURSEMENT 40,111 55,042 210,622 7,626 13.9% 5,170 - - 5,170 20,360 393.8% 26,000 MISCELLANEOUS 65,590 89,135 28,198 166,013 17.0% 73,350 - - 73,350 44,501 60.7% 42,800 TOTAL 1, 1,629,748 2, 963,690 1, 123,143 48.1% 2, 021,635 92,820 022,720 ( 1,374,540 741,000) 71.5% 1,318,560 982,170TOTAL GENERAL FUND 16,415,896 17,472,758 17,124,097 10,579,699 61.8% 17,070,820 1, (203,770) 602,820 18,469,870 12,878,458 69.7% 18,514,550MEASURE Q FUND 2, 2,863,314 2, 320,275 1, 339,901 52.8% 2, 236,239 200,000 500,000 2, 150,000 1, 850,000 69.0% 2,850,000 967,532EMERGENCY EXPENDITURE FUND 77,494 - 53,167 53,167 - - - - - -ROAD MAINTENANCE REHAB ACCOUNT 78,438 80,755 79,664 45,098 56.6% 86,990 - - 86,990 56,268 64.7% 88,200GAS TAX FUND 94,697 108,677 66,177 101,400 65.3% - 119,380 - 60,783 119,380 50.9% 117,000OPEN SPACE FUND TAXES 2,528 12,636 10,958 6,467 59.0% 6,000 - - 6,000 17,224 287.1% 24,000 LICENSE & PERMITS 361,938 185,712 43,294 109,794 39.4% 10,000 260,000 - 270,000 87.6% 290,000 236,583 FEDERAL/STATE GRANTS - - - - - 180,000 35,000 - 215,000 0.0% 215,000 OFF-TRACK PARIMUTUEL 3,351 7,427 1,612 12 0.8% 1,500 - - 1,500 2,447 163.1% 3,100 CONTRIBUTIONS 15,000 23,230 - - - - - - - 0.0% - MISCELLANEOUS 51,900 45,235 39,667 26,678 67.3% 42,860 - - 42,860 37,789 88.2% 49,460TOTAL OPEN SPACE FUND 450,467 258,491 76,452 162,031 47.2% 10,000 490,360 35,000 535,360 54.9% 581,560 294,044SUPPLEMENTAL LAW FUND 155,948 156,727 60,240 101,850 59.1% 61,280 100,000 - 161,280 75.3% 161,280 121,417REGIONAL COMMUNICATION 48,001 44,702 44,186 - 0.0% 48,000 - - 48,000 7 0.0% 48,000GRANTS FUND 44,914 69,787 149,340 61,252 87.8% 51,470 7,450 - 58,920 15,104 25.6% 59,700 13 June 20, 2022 Item 14
ACTUAL ACTUAL ACTUAL ACTUAL % BUDGET THIRD QTR PROPOSED ACTUAL % PROJECTED
REVENUE REVENUE REVENUE REVENUE RECV'D ADOPTED ADJ BUDGET AMENDED REVENUE RECV'D REVENUE FINAL FINAL FINAL 3RD QTR FY BUDGET THRU 5/16 REQUEST BUDGET 3RD QTR FY SOURCE OF FUNDS FY 2018-19 FY 2019-20 FY 2020-21 FY 2020-21 2020-21 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 2021-22 FY 2021-22
CITY OF DEL MAR
FISCAL YEAR 2021-2022
THIRD QUARTER FINANCIAL REPORT
REVENUE SUMMARIES
HOUSING FUND 31,413 33,467 51,620 48,820 94.6% 3,000 - - 3,000 537 17.9% 1,000AB 939 71,308 66,108 51,475 29,097 56.5% 65,000 - 135,400 200,400 79.4% 199,680 159,187PEG FEE FUND 45,479 47,946 44,183 22,596 51.1% 46,000 - - 46,000 22,238 48.3% 44,000CAPITAL IMPROVEMENT FUND FEDERAL/STATE GRANTS 702,155 656,854 144,140 250,708 173.9% 371,830 - 372,958 744,788 15.8% 744,788 117,850 CONTRIBUTIONS - 2,500 - - - - - - - 0.0% - LOAN PROCEEDS - 1,587,535 - - - - - - - 0.0% - MISCELLANEOUS - 25,739 - - - - - - - 0.0% -TOTAL CAPITAL IMPROVEMENT FUND 2,317,929 656,854 144,140 250,708 173.9% 371,830 - 372,958 744,788 15.8% 744,788 117,850TRANSNET FUND 196,019 75,050 214,328 15,106 20.1% 18,000 205,000 - 18,008 223,000 8.1% 223,000RTCIP FUND 2,658 2,565 2,715 2,601 95.8% - 2,600 - 2,600 2,662 2,680SPECIAL PROJECTS FUND - - - 147,170 - - - - - -TOTAL GENERAL GOVERNMENTAL FUNDS 20,635,377 23,871,589 20,592,435 12,547,251 60.9% 20,857,850 2, 116,630 575,108 23, 15,714,092 549,588 66.7% 23,635,438WORKERS' COMPENSATION FUND 262,053 273,518 240,157 69.3% 166,348 266,500 - - 266,500 67.4% 244,200 179,663WATER UTILITY FUND INVESTMENT EARNINGS 43,510 43,365 32,206 2,586 8.0% 26,260 - - 26,260 7,225 27.5% 15,000 WATER SALES 2, 1,911,396 2, 049,166 1, 394,497 71.1% 2, 703,174 063,820 - 186,180 2, 1, 250,000 74.2% 2,250,000 669,090 READY TO SERVE CHARGE 1, 1,376,898 1, 533,110 1, 644,154 68.8% 1, 131,178 471,600 - 128,400 1, 1, 600,000 75.0% 1,550,000 200,791 OTHER CONNECTION FEES 72,400 27,178 64,876 42,249 65.1% 31,400 - - 31,400 44,460 141.6% 60,000 MISCELLANEOUS 20,623 33,182 160,215 91.4% 54,060 146,367 95,940 - 150,000 86.2% 150,000 129,249 TOTAL OPERATING REVENUE 3, 3,392,019 4, 718,809 3, 295,948 70.4% 3, 025,555 647,140 - 410,520 4, 3, 057,660 75.2% 4,025,000 050,815CLEAN WATER PROGRAM INVESTMENTS 244 846 1,445 85 5.8% 500 - - 500 298 59.5% 600 SERVICE CHARGE 545,045 559,754 589,891 72.4% 427,207 - 560,000 - 560,000 79.9% 560,000 447,422 MISCELLANEOUS 2,595 3,282 30,951 1,175 3.8% 1,500 35,550 - 37,050 1,684 4.5% 53,050 TOTAL CLEAN WATER PROGRAM 549,173 562,593 622,287 68.9% 428,467 35,550 562,000 - 597,550 75.2% 613,650 449,404 14 June 20, 2022 Item 14
ACTUAL ACTUAL ACTUAL ACTUAL % BUDGET THIRD QTR PROPOSED ACTUAL % PROJECTED
REVENUE REVENUE REVENUE REVENUE RECV'D ADOPTED ADJ BUDGET AMENDED REVENUE RECV'D REVENUE FINAL FINAL FINAL 3RD QTR FY BUDGET THRU 5/16 REQUEST BUDGET 3RD QTR FY SOURCE OF FUNDS FY 2018-19 FY 2019-20 FY 2020-21 FY 2020-21 2020-21 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 2021-22 FY 2021-22
CITY OF DEL MAR
FISCAL YEAR 2021-2022
THIRD QUARTER FINANCIAL REPORT
REVENUE SUMMARIES
WASTEWATER FUND INVESTMENT EARNINGS 69,079 84,156 24,622 (3, 0.0% 35,000 379) - - 35,000 5,673 16.2% 11,400 SERVICE CHARGES 1, 1,473,337 1, 592,732 1, 677,265 69.3% 1, 162,193 - 700,000 - 1, 1, 700,000 72.0% 1,720,000 223,197 USAGE CHARGES 1, 1,754,980 1, 647,404 1, 672,477 71.5% 1, 195,377 50,000 650,000 1, 100,000 1, 800,000 78.7% 1,800,000 417,318 OTHER SEWER FEES 99,875 19,331 74,101 45,105 60.9% 55,000 20,000 - 75,000 67,657 90.2% 80,000 MISCELLANEOUS 22,808 9,281 16,455 233,705 7.0% 30,000 - - 30,000 12,632 42.1% 21,700 TOTAL WASTEWATER FUND 3, 3,341,084 3, 431,897 2, 682,170 65.6% 3, 415,750 70,000 470,000 3, 100,000 2, 640,000 74.9% 3,633,100 726,477TOTAL ENTERPRISE FUNDS 7, 7,282,275 8,600,405 713,300 5,869,771 68.2% 7,679,140 516,070 8,295,210 100,000 6,226,696 75.1% 8,271,750TOTAL ALL FUNDS 28,622,194 31,415,917 29,432,997 18,583,371 63.1% 28,803,490 3,091,178 216,630 32,111,298 22,120,450 68.9% 32,151,388 15 June 20, 2022 Item 14
ACTUAL ACTUAL ACTUAL ACTUAL % BUDGET THIRD QTR PROPOSED ACTUAL % PROJECTED
EXP EXP EXP EXP EXPENSED ADOPTED ADJ BUDGET AMENDED EXP EXPENSED EXP FINAL FINAL FINAL 3RD QTR 3RD QTR BUDGET THRU 2/7 REQUEST BUDGET 3RD QTR 3RD QTR DEPARTMENT FY 2018-19 FY 2019-20 FY 2020-21 FY 2020-21 FY 2020-21 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22
GENERAL FUNDGENERAL GOVERNMENT
CITY COUNCIL 71,543 84,861 22,669 15,343 67.7% 22,780 - - 22,780 14,351 63.0% 22,370 LEGAL SERVICES 1,047,924 1,204,636 569,951 467,400 82.0% 768,450 - (226,000) 542,450 228,477 42.1% 530,000 CITY MANAGER 1,049,395 919,151 971,234 717,165 73.8% 886,660 - - 886,660 584,309 65.9% 850,000 HUMAN RESOURCES 186,593 169,371 191,669 153,773 80.2% 188,450 - - 188,450 123,906 65.8% 174,860 CITY CLERK 283,423 277,157 252,426 209,550 83.0% 264,640 - - 264,640 173,560 65.6% 260,000 INFORMATION SYSTEMS 457,784 432,371 392,818 305,194 77.7% 468,190 - - 468,190 350,051 74.8% 460,000 FINANCE SERVICES 718,672 761,238 715,272 505,908 70.7% 743,220 27,360 - 770,580 536,541 69.6% 790,000 RISK MANAGEMENT 328,290 196,567 416,184 359,654 86.4% 241,900 32,600 - 274,500 261,798 95.4% 281,900 PLANNING SERVICES 1,102,865 1,057,049 954,394 695,150 72.8% 1,194,290 - - 1,194,290 819,430 68.6% 1,180,000 CODE ENFORCEMENT 124,211 91,341 129,128 96,865 75.0% 126,950 - - 126,950 106,749 84.1% 147,000 BUILDING SERVICES 287,513 309,959 423,102 223,897 52.9% 369,350 - - 369,350 225,098 60.9% 365,000 TOTAL 5,658,213 5,503,701 5,038,847 3,749,898 74.4% 5,274,880 59,960 (226,000) 5,108,840 3,424,272 67.0% 5,061,130PUBLIC SAFETY LAW ENFORCEMENT 2,545,856 2,409,932 2,647,355 1,552,361 58.6% 2,667,210 - - 2,667,210 1,343,228 50.4% 2,662,180 LIFEGUARD SERVICES 1,141,311 1,066,742 1,125,842 785,559 69.8% 1,219,800 21,720 - 1,241,520 861,956 69.4% 1,240,000 PARKING ENFORCEMENT 689,980 817,868 742,191 548,992 74.0% 839,620 - - 839,620 621,938 74.1% 845,220 FIRE PROTECTION 2,328,292 2,153,420 2,373,982 1,726,812 72.7% 2,421,880 125,000 - 2,546,880 1,781,172 69.9% 2,500,000 HAZARDOUS WASTE MANAGEMENT 16,417 15,185 17,648 17,648 100.0% 20,250 - - 20,250 17,629 87.1% 20,250 SOLID WASTE 2,845 4,060 4,207 2,705 64.3% 5,000 - - 5,000 2,993 59.9% 5,000 EMERGENCY PREPAREDNESS 2,878 2,010 1,318 891 67.6% 4,550 - - 4,550 887 19.5% 4,350 TOTAL 6,727,579 6,469,217 6,912,543 4,634,968 67.1% 7,178,310 146,720 - 7,325,030 4,629,802 63.2% 7,277,000PUBLIC WORKS ENGINEERING SERVICES 238,745 252,122 174,469 76,738 44.0% 205,000 15,000 - 220,000 71,630 32.6% 210,000 STORM DRAIN 104,104 79,060 91,273 73,254 80.3% 130,890 - - 130,890 91,166 69.7% 132,210 FACILITIES 196,114 168,492 238,954 138,594 58.0% 222,690 54,600 - 277,290 131,038 47.3% 270,000 TOTAL 538,963 499,674 504,696 288,586 57.2% 558,580 69,600 - 628,180 293,833 46.8% 612,210NON-DEPARTMENTAL COMMUNITY SUPPORT 302,690 313,847 274,573 194,283 70.8% 252,100 106,230 - 358,330 255,580 71.3% 358,330 TV STUDIO 101,613 87,902 80,574 46,024 57.1% 111,170 - - 111,170 48,185 43.3% 102,000 CITY MEMBERSHIPS 89,063 80,029 88,191 88,191 100.0% 91,640 - - 91,640 90,754 99.0% 91,380 CITY HALL - GENERAL 125,338 169,953 111,432 78,929 70.8% 147,450 - 147,450 - 86,169 58.4% 143,000 TOTAL 618,704 651,731 554,770 407,426 73.4% 602,360 106,230 - 708,590 480,688 67.8% 694,710TOTAL GENERAL FUND BEFORE EQUIPMENT REPLACEMENT 13,543,459 13,124,320 13,010,855 9,080,878 69.8% 13,614,130 382,510 (226,000) 13,770,640 8,828,595 64.1% 13,645,050 EQUIPMENT REPLACEMENT 75,149 137,517 55,423 44,250 79.8% 103,200 62,000 - 165,200 54,678 33.1% 165,200TOTAL GENERAL FUND INCLUDING EQUIPMENT REPLACEMENT 13,618,608 13,261,837 13,066,278 9,125,128 69.8% 13,717,330 444,510 (226,000) 13,935,840 8,883,274 63.7% 13,810,250
CITY OF DEL MAR
FISCAL YEAR 2021-2022
THIRD QUARTER FINANCIAL REPORT
EXPENDITURE SUMMARIES
16 June 20, 2022 Item 14
ACTUAL ACTUAL ACTUAL ACTUAL % BUDGET THIRD QTR PROPOSED ACTUAL % PROJECTED
EXP EXP EXP EXP EXPENSED ADOPTED ADJ BUDGET AMENDED EXP EXPENSED EXP FINAL FINAL FINAL 3RD QTR 3RD QTR BUDGET THRU 2/7 REQUEST BUDGET 3RD QTR 3RD QTR DEPARTMENT FY 2018-19 FY 2019-20 FY 2020-21 FY 2020-21 FY 2020-21 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22
CITY OF DEL MAR
FISCAL YEAR 2021-2022
THIRD QUARTER FINANCIAL REPORT
EXPENDITURE SUMMARIES
MEASURE Q FUND 3,009,140 4,102,363 202,171 11,794 5.8% 75,000 2,250,125 108,300 2,433,425 542,049 22.3% 2,395,125EMERGENCY EXPENDITURE FUND 65,693 - 30,316 29,977 98.9% - - - - - 0% -ROAD MAINTENANCE REHAB ACCOUNT - - - - 0% - - - - - 0% -GAS TAX FUND STREET MAINTENANCE 175,828 129,560 132,780 96,568 72.7% 232,690 (20,000) - 212,690 124,460 58.5% 195,000 STREET LIGHTS/SIGNS 141,233 126,611 101,422 67,733 66.8% 124,610 6,000 - 130,610 80,019 61.3% 132,000 STREET LANDSCAPING 242,857 250,266 199,692 100,228 50.2% 221,730 28,700 - 250,430 178,544 71.3% 260,590TOTAL GAX TAX FUND 559,918 506,437 433,894 264,529 61.0% 579,030 14,700 - 593,730 383,023 64.5% 587,590OPEN SPACE FUND POWERHOUSE OPERATIONS 373,555 384,173 240,099 173,977 72.5% 389,900 - - 389,900 261,186 67.0% 380,000 BEACH MAINTENANCE 312,320 302,391 310,229 217,996 70.3% 349,880 6,500 - 356,380 246,185 69.1% 352,810 PARK MAINTENANCE 256,872 229,995 222,509 176,235 79.2% 282,560 24,140 - 306,700 214,733 70.0% 305,000TOTAL OPEN SPACE FUND 942,747 916,559 772,837 568,208 73.5% 1,022,340 30,640 - 1,052,980 722,103 68.6% 1,037,810SUPPLEMENTAL LAW ENFORCEMENT 252,745 223,155 - - 0% - - - - - 0% -REGIONAL COMMUNICATION FUND 79,273 72,217 86,302 - 0.0% 59,760 - - 59,760 - 0.0% 59,760GRANTS FUND 127,277 23,895 29,309 21,273 72.6% 53,970 - - 53,970 10,090 18.7% 53,970HOUSING FUND 102,908 109,232 87,035 66,630 76.6% 99,550 - - 99,550 74,800 75.1% 97,740AB 939 47,158 16,567 88,477 27,860 31.5% 172,120 - - 172,120 113,309 65.8% 122,000PEG FEE FUND 5,780 5,663 6,949 4,488 64.6% 6,500 - - 6,500 7,907 121.6% 10,500TOTAL GENERAL O&M FUNDS 18,811,247 19,237,925 14,803,570 10,119,888 68.4% 15,785,600 2,739,975 (117,700) 18,407,875 10,736,553 58.3% 18,174,745CAPITAL IMPROVEMENT FUNDS OPEN SPACE CIP 188,091 101,557 84,595 49,197 58.2% 530,000 26,728 - 556,728 57,247 10.3% 556,728 GENERAL FUND CIP 1,759,265 4,064,322 298,818 167,517 56.1% 810,000 719,580 - 1,529,580 397,301 26.0% 1,529,580 DEBT SERVICE-CITY HALL 922,153 909,542 906,996 906,996 100.0% 905,670 - - 905,670 905,661 100.0% 905,670 TRANSNET II CIP 193,004 196,019 59,859 - 0.0% 205,000 - - 205,000 - 0.0% 205,000 RTCIP FUND - - - - 0% 5,000 - 5,000 - 0.0% 5,000TOTAL CAPITAL IMPROVEMENT FUNDS 3,062,513 5,271,440 1,350,268 1,123,711 83.2% 2,455,670 746,308 - 3,201,978 1,360,209 42.5% 3,201,978SPECIAL PROJECT FUND 840,409 228,213 297,055 147,580 49.7% 621,500 68,992 120,000 810,492 165,425 20.4% 810,492 17 June 20, 2022 Item 14
ACTUAL ACTUAL ACTUAL ACTUAL % BUDGET THIRD QTR PROPOSED ACTUAL % PROJECTED
EXP EXP EXP EXP EXPENSED ADOPTED ADJ BUDGET AMENDED EXP EXPENSED EXP FINAL FINAL FINAL 3RD QTR 3RD QTR BUDGET THRU 2/7 REQUEST BUDGET 3RD QTR 3RD QTR DEPARTMENT FY 2018-19 FY 2019-20 FY 2020-21 FY 2020-21 FY 2020-21 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22 FY 2021-22
CITY OF DEL MAR
FISCAL YEAR 2021-2022
THIRD QUARTER FINANCIAL REPORT
EXPENDITURE SUMMARIES
TOTAL GENERAL GOVERNMENTAL FUNDS 22,714,169 24,737,578 16,450,893 11,391,179 69.2% 18,862,770 3,555,275 2,300 22,420,345 12,262,188 54.7% 22,187,215WORKERS' COMPENSATION FUND 354,414 275,226 286,439 183,778 64.2% 258,000 - - 258,000 215,712 83.6% 258,000WATER FUND GENERAL ADMINISTRATION 1,685,804 1,655,909 1,739,596 913,419 52.5% 1,843,010 - - 1,843,010 979,577 53.2% 1,805,110 RISK MANAGEMENT 65,813 52,789 94,604 94,604 100.0% 108,450 - - 108,450 105,328 97.1% 106,000 RAW WATER SUPPLY 1,440,942 1,398,376 1,607,704 979,890 60.9% 1,651,560 - - 1,651,560 1,083,677 65.6% 1,697,000 TREATMENT/DELIVERY 299,852 277,414 346,427 229,683 66.3% 392,250 - - 392,250 274,724 70.0% 390,000TOTAL WATER FUND O&M 3,492,411 3,384,488 3,788,331 2,217,597 58.5% 3,995,270 - - 3,995,270 2,443,307 61.2% 3,998,110 WATER CAP IMPROVEMENT 127,379 832,312 16,619 13,624 82.0% 140,000 913,000 - 1,053,000 818,160 77.7% 1,053,000TOTAL WATER FUND 3,619,790 4,216,800 3,804,950 2,231,221 58.6% 4,135,270 913,000 - 5,048,270 3,261,467 64.6% 5,051,110CLEAN WATER FUND PLANNING 58,320 49,620 48,032 34,496 71.8% 47,770 - - 47,770 42,974 90.0% 60,000 CODE ENFORCEMENT 30,425 25,083 32,856 25,045 76.2% 34,320 - - 34,320 27,431 79.9% 35,650 CLEAN WATER MANAGEMENT 235,516 254,781 211,351 114,751 54.3% 299,500 - - 299,500 191,754 64.0% 280,000 PUBLIC WORKS 231,490 231,990 201,981 148,407 73.5% 242,940 7,360 - 250,300 150,838 60.3% 250,300TOTAL CLEAN WATER O & M 555,751 561,474 494,220 322,699 65.3% 624,530 7,360 - 631,890 412,997 65.4% 625,950 CLEAN WATER CAP IMPROVEMENT 62,607 - 20,832 17,218 82.7% 273,000 61,890 - 334,890 48,056 14.3% 334,890TOTAL CLEAN WATER FUND 618,358 561,474 515,052 339,917 66.0% 897,530 69,250 - 966,780 461,053 47.7% 960,840WASTEWATER FUND RISK MANAGEMENT 175,772 115,154 98,838 98,838 100.0% 153,450 - - 153,450 105,328 68.6% 106,000 WASTEWATER TRANSPORTATION 335,446 79,619 216,715 (28) 0.0% 164,400 - - 164,400 60,298 36.7% 160,000 WASTEWATER TREATMENT 709,837 814,173 736,349 692,850 94.1% 912,500 - - 912,500 736,467 80.7% 885,000 DEBT SERVICE 565,740 573,560 564,625 570,932 101.1% 570,440 - - 570,440 570,428 100.0% 570,440 WASTEWATER PROGRAM 2,532,350 2,188,037 2,014,779 1,151,230 57.1% 2,271,240 - - 2,271,240 1,116,481 49.2% 2,280,000TOTAL WASTEWATER FUND O&M 4,319,145 3,770,543 3,631,306 2,513,823 69.2% 4,072,030 - - 4,072,030 2,589,001 63.6% 4,001,440 WASTEWATER CAPITAL IMPROVEMENT 62,848 484,222 16,368 13,268 81.1% 125,000 337,470 462,470 289,943 62.7% 462,470TOTAL WASTEWATER FUND 4,381,993 4,254,765 3,647,674 2,527,091 69.3% 4,197,030 337,470 - 4,534,500 2,878,944 63.5% 4,463,910TOTAL ENTERPRISE FUNDS 8,620,141 9,033,039 7,967,676 5,098,229 64.0% 9,229,830 1,319,720 - 10,549,550 6,601,465 62.6% 10,475,860TOTAL EXPENDITURES 31,688,724 34,045,843 24,705,007 16,673,187 67.5% 28,350,600 4,874,995 2,300 33,227,895 19,079,365 57.4% 32,921,075 18 June 20, 2022 Item 14
S&P MATURITY QUARTERLY YIELD/ BOOK PAR MARKET
RATING TYPE INSTITUTION ACCT # CUSIP NO. DATE COUPON RATE VALUE VALUE VALUE - General Account UNION BANK 2740012145 N/A N/A N/A 1,374,364 1,374,364 1,374,364 - Workers Comp UNION BANK 2740020806 N/A N/A N/A 22,132 22,132 22,132 - MM LAIF - GENERAL 98-37-244 N/A N/A 0.365% 17,171,296 17,171,296 16,978,179 AAA MM SAN DIEGO COUNTY 44076 N/A N/A 0.740% 2,789,240 2,789,240 2,733,578 MM US BANK 157518707631 N/A N/A 0.005% 11,525 11,525 11,525 21,368,557 21,368,557 21,119,778
- FHLB FEDERAL GOVERNMENT AGENCY 6736303800 3134GWPT7 8/19/2025 0.600% 200,000 200,000 187,011 CD CERTIFICATE OF DEPOSITS SEE ATTACHED DETAIL 1.773% 4,142,000 4,142,000 4,032,654 4,342,000 4,342,000 4,219,665
25,710,557 25,710,557 25,339,443
PRINCIPAL THIRD THIRD PRINCIPAL TOTAL
TYPE OF BALANCE QUARTER QUARTER BALANCE PERCENTAGE
INVESTMENT INVESTMENT DESCRIPTION DEC 31, 2021 PURCHASES CALLED/MATURED MAR 31, 2022 BY TYPE Cash on Hand 1,167,697 - - 1,374,364 5.35%
Workers Comp - 24,442 - 22,132 0.09%
LAIF Local Agency Investment Fund 15,613,890 - - 17,171,296 66.78% SD Invest Pool San Diego Co. Investment Pool 2,784,756 - - 2,789,240 10.85% Investment MM US Bank Investment Account 46,795 (247,000) 240,000 11,525 0.04% FHLB Federal Government Agencies 200,000 - - 200,000 0.78% CD Certificate of Deposits 3,647,000 495,000 4,142,000 16.11% Total 23,484,579 248,000 25,710,557 240,000 100.00%
This investment report reflects the City of Del Mar's pooled investments which conform to the City of Del Mar's Investment Policy approved by the City Council on June 21, 2021. This program provides sufficient estimated revenues and cash flow liquidity to meet estimated expenses for the next six months. The Local Agency Investment Fund information is a synopsis. The complete reports are available from the Treasurer.
Prepared by: Date: 6/15/2022 Reviewed by: Date:
Marilen Santos, Finance Officer Monica Molina, Finance Manager/Treasurer
CITY OF DEL MAR
TREASURER'S REPORT
March 31, 2022
NET
ACTIVITYJAN-MAR
206,667
(2,309)
1,557,406
4,484
-
495,000
2,232,978
(28,270)
T:\FINANCE-2\Investments\FY2021-2022\Treasurer's Report\Treasurers Report_FY21-22.xls M. Santos
19 June 20, 2022 Item 14
Annualized
PRINCIPAL NOMINAL Rate of Portfolio Weighted MATURITY
CUSIP AMOUNT COUPON Return Weighting Coupon DATE
Morgan Stanley Bank - CD 61760AYP8 246,000.00 2.60000 2.60000 5.94% 0.15441816 4/11/2022Goldman Sachs Bank - CD 38148PKT3 200,000.00 2.35000 2.35000 4.83% 0.11347175 6/14/2022Allegiance BK Tex Housten 01748DAX4 248,000.00 2.15000 2.15000 5.99% 0.12873008 9/29/2022Sallie Mae Bank - CD 795450H32 246,000.00 2.50000 2.50000 5.94% 0.14847900 12/20/2022Citibank - CD 17312QL98 240,000.00 3.20000 3.20000 5.79% 0.18541767 5/23/2023Medallion Bank - CD 58404DCM1 248,000.00 3.25000 3.25000 5.99% 0.19459198 7/31/2023Enerbank USA - CD 29278TDM9 249,000.00 3.20000 3.20000 6.01% 0.19237084 9/28/2023Morgan Stanley Bank NA 61690UGC8 200,000.00 2.60000 2.60000 4.83% 0.12554322 5/23/2024Toyota Financial Savings Bank 89235MLF6 200,000.00 0.55000 0.55000 4.83% 0.02655722 8/5/2024BMW Bank North America 05580AXF6 249,000.00 0.50000 0.50000 6.01% 0.03005794 9/25/2025Texas Exchange Bank Crowley 88241TJN19 225,000.00 0.60000 0.60000 5.43% 0.03259295 11/25/2025BMO Harris Bank NA 0560XBY5 200,000.00 0.55000 0.55000 4.83% 0.02655722 2/18/2026Bank United NA 066519QV4 200,000.00 0.95000 0.95000 4.83% 0.04587156 4/14/2026UBS Bank USA 90348JP61 248,000.00 0.90000 0.90000 5.99% 0.05388701 7/8/2026Synchrony Bank Draper 87165FA38 200,000.00 0.95000 0.95000 4.83% 0.04587156 9/17/2026State Bank of India New York 856285YH8 248,000.00 1.15000 1.15000 5.99% 0.06885563 10/29/2026Greenstate Cr Un Liberty 39573LCE6 248,000.00 1.35000 1.35000 5.99% 0.08083052 1/14/2027American Express National Bank 02589ABQ4 247,000.00 2.00000 2.00000 5.96% 0.11926606 3/9/2027 $ 1.47576 1.47576 100.00% 1.77337035 4,142,000.00
CITY OF DEL MAR
CERTIFICATE OF DEPOSITS (with U.S. BANK)
As of March 31, 2022
20 June 20, 2022 Item 14
City of Del Mar
Cash Flow Report
General Fund
Fiscal Year 2021-22
Revised
Adopted Budget Mid-Year 3rd Qtr
FY 2022 FY 2022 FY 2022 FY 2022
Jun 2021 Nov 2021 Mar 2022 May-22 Difference
(A) (B) (C) (D) (E=D-C)
Total Revenue 17,075,540 17,070,820 18,673,640 18,469,870 (203,770) Total Expenditures 13,734,050 13,717,330 14,144,840 13,935,840 (209,000) Transfers
Measure Q Loan - - - - -
Emergency Fund - - - - -
Gas Tax 459,650 459,650 474,350 474,350 -
Open Space 531,980 531,980 552,620 732,620 180,000
SLESF (100,000) (100,000) (161,280) (161,280) -
Regional Comm 11,760 3,375 3,375 3,375 -
Housing Fund Transfer 100,000 200,000 300,000 300,000 - Clean Water (non-CIP) 62,530 - - - -
RMRA Reimb (86,990) (86,990) (166,654) (166,654) -
PEG Fee Reimb (40,000) (40,000) (40,000) (40,000) -
Total Transfers 938,930 968,015 962,411 1,142,411 180,000 City Hall Debt 905,670 905,670 905,670 905,670 -
Cash Flow (before CIP & SP) 1,508,890 $ 1,467,805 $ 2,660,719 $ 2,485,949 $ (174,770) $ Transfer to CIP
Open Space 530,000 530,100 530,100 315,100 (215,000)
General Fund 438,170 390,000 476,422 476,422 -
RTCIP - (5,000) (5,000) (5,000) -
Clean Water 273,000 276,000 194,366 194,366 -
Total CIP 1,241,170 1,191,100 1,195,888 980,888 (215,000) Transfer to Special Projects 621,500 621,500 617,508 806,500 188,992 Cash Flow (after CIP & SP) (353,780) $ (344,795) $ 847,323 $ 698,561 $ (148,762) $ Reserves
Contingency Reserves 2,986,154 3,379,834 4,325,043 4,176,281 (148,762) Self-Insurance 300,000 378,447 378,447 378,447 -
Pension Reserves 1,470,200 2,292,700 2,292,700 2,292,700 - Leave Liability 63,123 100,000 100,000 100,000 -
Equipment Replecement 721,650 900,000 900,000 900,000 - 7,050,981 5,541,127 7,996,190 7,847,428 (148,762)
21 June 20, 2022 Item 14
City of Del Mar
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Monica Molina, Finance Manager/Treasurer
Ashley Jones, City Manager
DATE: June 20, 2022
SUBJECT: Fiscal Year 2022-23 Budget Update Report
REQUESTED ACTION/RECOMMENDATION:
It is recommended that the City Council review the proposed update to the Fiscal Year 2022-23 Operating and Capital Budget and take the following actions:
1. Adopt a Resolution Amending the Fiscal Year 2022-2023 Operating and Capital Budget (Attachment A);
2. Adopt a Resolution Adopting the Compensation Plans for the Management and Professional, General, Firefighter, and Miscellaneous, Part Time, Temporary and Hourly Employees for Fiscal Year 2022-2023 (Attachment B);
3. Adopt a Resolution Establishing the Fixed Charge Assessments for Bonded Indebtedness for Fiscal Year 2022-23 (Attachment C);
4. Adopt a Resolution Establishing the Appropriations Limit for Fiscal Year 2022-23 (Attachment D);
5. Adopt a Resolution Approving the Statement of Investment Policy for Fiscal Year 2022-23 (Attachment E); and
6. Adopt a Resolution Setting User Fee Schedule effective July 1, 2022 (Attachment F).
DISCUSSION/ANALYSIS
The purpose of this budget update is to review and make necessary changes to the second year of the FY 2021-22 and 2022-23 Operating and Capital Budget (Budget) that was approved by the City Council on June 21, 2021. The Budget was prepared taking into consideration the impacts of the pandemic on the City’s finances with the expectation that some economic recovery would occur within the two-year budget cycle, but the City would not see a full recovery to pre-pandemic revenue levels until FY 2023-24. As predicted, although revenue projections are coming in higher than expected, some General Fund revenue sources have not reached pre-COVID levels.
Although there are significant budget adjustments being recommended as part of the FY 2022- 23 Budget Update (Budget Update), which will be discussed in detail in this report, staff is pleased to present a revised balanced budget that reports a General Fund Contingency of $3,895,728 or
24.04% (88 days of operations). The original FY 2022-23 Budget included a full restoration of operational services, with the goal to restore capital and special project expenditures as revenue becomes available. The Budget Update includes additional capital and special project expenditures related to the City work plan that was approved by the City Council during the Goal Setting Workshop on March 9, 2022, and as part of a follow-up agenda item on May 2, 2022.
For comparative purposes, the FY 2022-23 Budget approved on June 21, 2021 had an estimated June 30, 2023, General Fund Contingency of $2,926,094 or 18.51% (68 days of operations). 1 June 20, 2022 Item 15
City Council Agenda Report
Fiscal Year 2022-23 Budget Update Report
June 20, 2022
While not all revenues have recovered to pre-COVID levels, the Budget Update includes restoring more substantial annual transfers to reserves including $607,300 to the Pension Reserve Fund, $100,000 to the Equipment Replacement Fund, and $200,000 to the Housing Reserve Fund. This is consistent with prior Council to make replenishing the City’s reserves a priority as additional revenues become available.
REVENUE PROJECTIONS
In preparing this report, a comprehensive review of current revenue trends was analyzed to determine the new projected revenues for FY 2022-23. Based on positive trends in Transient Occupancy Tax (TOT), slower recovery of sales tax receipts, and impacts to other revenue sources, staff’s recommended revenue adjustments continue to be based on conservative projections with the idea that revenues will be closely monitored throughout the year and reevaluated at Mid-Year. In comparison to the FY 2022-23 Budget that was adopted in June 2021, General Fund revenues included in the Budget Update are projected to increase by $1,012,220, resulting in a new General Fund revenue total of $18,697,150.
Property Tax
Property tax is the City’s largest source of revenue and accounts for approximately 41% of total General Fund revenues. Although slightly lower than annual average, Del Mar was fortunate to have shown property valuation increases in FY 2021-22 despite the current pandemic.
Conservative projections for the current year are estimated to come in 3.5% higher than FY 2020-
21. To remain conservative, staff is projecting FY 2022-23 revenues to come in at $6.9 million, which is 4.4% higher than current year projections and lower than the 5% average annual increase. An adjustment of $104,000 to property tax revenue is being requested at this time.
Table A includes historical property tax results and percent of increase from prior year results.
Table A
Fiscal Year Actual/Projection* % Change
2022-23 $6,900,000* +4.4%
2021-22 6,610,000* +3.5%
2020-21 6,384,954 +6.7%
2019-20 5,983,399 +5.7%
2018-19 5,662,270 +4.8%
2017-18 5,405,272 +5.4%
2016-17 5,129,723 +7.2%
2015-16 4,787,517 +6.8%
Transient Occupancy Tax (TOT)
TOT is the second largest source of revenue for the City and accounts for approximately 18% of total General Fund revenues. As reported in the FY 2021-22 Third Quarter Financial Report, TOT revenues are anticipated to reach pre-Covid levels by the end of the current fiscal year (FY 2021- 22). The total pandemic related TOT revenue loss is currently at $1.9 million. Although current year hotel occupancy averages are 28% lower than FY 2018-19, the current Average Daily Rate (ADR) is approximate 27% higher than FY 2018-19. Staff anticipates TOT revenues to increase in FY 2022-23 as the average hotel occupancy continues to increase to pre-COVID levels.
Additionally, the Del Mar Motel, which has been closed since January 2021, is expected to complete renovations by the end of this fiscal year (June 30). As a result, staff is recommending adjusting TOT projections for FY 2022-23 from $2.6 million to $3.3 million. 2 June 20, 2022 Item 15
City Council Agenda Report
Fiscal Year 2022-23 Budget Update Report
June 20, 2022
Based on actual receipts received to date, staff has prepared the following historical data which includes conservative FY 2022-23 revenue projections (Table B):
Table B
Quarter FY17-18
Actuals
FY18-19
Actuals
FY19-20
Actuals
FY20-21
Actuals
FY21-22
Actuals
FY22-23
Projection
Jul-Sep $981,336 $992,252 $983,129 $658,185 $1,112,707 $1,160,000 Oct-Dec 630,656 641,705 629,725 329,677 738,449 760,000 Jan-Mar 651,617 632,955 525,042 203,910 616,448 640,000 Apr-Jun 743,360 709,928 162,609 600,318 732,396* 740,000 Totals $3,006,969 $2,976,840 $2,300,505 $1,792,090 $3,200,000 $3,300,000 *Anticipated revenue collection
Sales & Use Tax:
Although sales tax revenues continue to gradually improve, they are not anticipated to reach prepandemic levels until FY 2023-24. HdL Companies (HdL), the City’s sales tax consultant, published a Consensus Forecast in December 2021, that was used to model sales tax impacts based on an analysis of previous recessions and a review of industry, economist & news reports while also adjusting for continuing business impacts. The anticipated sales tax growth for Del Mar in FY 2022-2023 is largely based on a return of the San Diego County Fair in summer 2022, and a continued return of sales tax generating business activity following the initial COVID/economic shutdown.
As part of the City’s agreement with HdL, they provide the City with revised budget estimates every six months. HdL is a well-recognized and respected firm in the government finance industry and are known to provide quality information and accurate projections. HdL’s sales tax revenue projection for Del Mar in FY 2022-23 is estimated at $2.1 million. In order to remain conservative, staff is recommending using a slightly lower adjusted sales tax projection of $1.95 million, which is $310,000 more than what was originally adopted for FY 2022-23 in June 2021.
As shown on Table C, the recovery of sales tax revenue is expected to be slower than other revenue sources. The total pandemic related revenue loss through the end of FY 2021-22 is expected to be around $2.2 million.
Table C
Fiscal Year Actual/Projection* % Change to PY Pandemic Loss 2022-23 $1,950,000* +5.4% ($258,416)
2021-22 $1,850,000* +61.2% (358,416)
2020-21 1,147,970 -22.0% (1,060,446)
2019-20 1,472,389 -33.3% (736,027)
2018-19 2,208,416 +3.4% Base
2017-18 2,136,523 -4.1% -
In order to test the sales tax projections provided by HdL, staff conducted an analysis of sales tax activity by Major Industry Group. Table D below is the breakdown of receipts, adjusted for economic data, by Major Industry Group from FY 2018-19 to the current year, and includes staff’s conservative projections for FY 2022-23.
3 June 20, 2022 Item 15
City Council Agenda Report
Fiscal Year 2022-23 Budget Update Report
June 20, 2022