Duarte City Council
January 24, 2023

AGENDA

REGULAR JOINT MEETING OF THE CITY

COUNCIL OF THE CITY OF DUARTE, THE

DUARTE HOUSING AUTHORITY, AND THE

DUARTE COMMUNITY FACILITIES

FINANCING AUTHORITY
TUESDAY, JANUARY 24, 2023
7:00 PM

CITY COUNCIL CHAMBERS,
1600 HUNTINGTON DRIVE,
DUARTE, CALIFORNIA 91010

MISSION STATEMENT
With integrity and transparency, the City of Duarte provides exemplary public services in a caring and fiscally responsible manner with a commitment to our community's future

JODY SCHULZ, MAYOR

VINH TRUONG, MAYOR PRO TEM

MARGARET FINLAY, COUNCILMEMBER

SAMUEL KANG, COUNCILMEMBER

TONEY LEWIS, COUNCILMEMBER

CESAR GARCIA, COUNCILMEMBER

TERA MARTIN DEL CAMPO, COUNCILMEMBER
City/Agency/Authority Staff:

Daniel Jordan, City Manager
Kristen Petersen, Assistant City Manager and Director of Administrative Services Craig Hensley, Community Development Director
Manuel Enriquez, Director of Parks and Recreation
Brian Villalobos, Director of Public Safety Services
Thai Viet Phan, City Attorney
Annette Juarez, City Clerk
___
ADA ACCESSIBILITY NOTICE: In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, you should contact the City Manager's office at (626) 357- 7931. Notification no later than 1:00 p.m. on the day preceding the meeting will enable the City to make reasonable arrangements to assist your accessibility to this meeting.

Notice: Any documents distributed by the City/Authorities to a majority of the City Council/Housing Authority/Financing Authority Board less than 72 hours prior to the City Council/Housing Authority/Financing Authority meeting will be made available for public inspection at City Hall, 1600 Huntington Drive, Duarte, CA 91010, during normal business hours, except such documents that relate to closed session items or which are otherwise exempt from disclosure under applicable law.

Notice: Duarte City Council meetings are videotaped for later broadcast on DCTV. Attendance at the 1 1. CALL TO ORDER AND ROLL CALL
A. City Manager Written Comments

2. PLEDGE TO THE FLAG

3. ADOPTION OF THE AGENDA

4. SPECIAL ITEMS
A. Mayor's Youth Council Update
B. Public Safety Department Update
C. Presentation by Frontier - Local Broadband Expansion

5. ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS

6. ORAL COMMUNICATIONS - ITEMS NOT ON THE AGENDA

7. CONSENT CALENDAR
A. Motion to read all Resolutions and Ordinances presented for consideration by Title only and waive further reading (CC/HA/FA)
B. Approve absence(s) of City Councilmember(s) from the City Council meeting C. Approval of Minutes - January 10, 2023 (CC/HA/FA)
D. Approval of Warrants - January 24, 2023 (CC/HA/FA)
E. Receive and file the Public Safety Department Status Report meeting constitutes consent by members of the public to the City's and any third party's use in any media, without compensation or further notice, of audio, video, and/or pictures of meeting attendees.

Members of the public may listen/view the City Council meeting broadcast on the City’s website following each meeting. To access the meeting, log onto www.accessduarte.com then on the homepage, click on the Agendas/View Meetings icon under the LATEST NEWS/QUICK LINKS banner, then on the Agendas & Minutes page, click on the City Council Meeting link. City Council meetings are also broadcast following each meeting through Spectrum Cable, Channel 3, daily at 12:00 p.m. and 7:00 p.m.

Public comments can be submitted by emailing [email protected], prior to 6:00 p.m. on the day of the meeting and will be distributed to the City Council and made available for public review.

PLEASE NOTE: The subject line of your public comment email must contain the Agenda item number or title. Public comments are a matter of public record, including content that include emails and addresses, so consider content and remove private information as you deem appropriate. ____
7:00 PM OPEN SESSION - REGULAR MEETING - COUNCIL CHAMBERS 2 F. Adoption of Revised Personnel Rules and Regulations Recommendation: Approve revised Personnel Rules and Regulations attached as Exhibit A.

G. Consideration of a Resolution Proclaiming the Termination of Local Emergency Recommendation: Adopt Resolution No. 23-02 proclaiming the termination of a local emergency related to the Fish Fire.

H. Consideration of a Professional Services Agreement with LPA for Fitness Center and Aquatic Preliminary Assessment
Recommendation: 1) Authorize the City Manager to execute a Professional Services Agreement with LPA in the amount of $39,000 for an Aquatic Preliminary Assessment at the Fitness Center, which includes potential options for the general replacement of the existing pool deck and ADA site improvements; and 2) approve a budget amendment of $30,000 from the General Fund (100-605-7965).

I. Second Reading of Ordinance No. 915
Recommendation: Adopt by second reading Ordinance No. 915 regarding electronic and paperless filings of Fair Political Practices Commission Campaign Disclosure Statements.

J. Approval of Certificates of Appreciation Recognizing Duarte Historical Museum Volunteers Recommendation: Approve Certificates of Appreciation for the Duarte Historical Museum Volunteers.

K. Approval of a Thank You Letter to Congresswoman Grace Napolitano

8. ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

9. PUBLIC HEARINGS - None

10. BUSINESS ITEMS
A. Consideration of a Professional Services Agreement with Architerra, Inc to Develop Construction Drawings for Huntington Drive Medians
Recommendation: 1) Authorize the City Manager to sign a professional services agreement with Architerra, Inc to develop construction drawings for landscape upgrades to the Huntington Drive medians; and 2) approve a budget amendment for $232,650 for the work.

B. Consideration of a Resolution to Establish a Reward for Information Leading to the Identification, Apprehension, and Conviction of Any Person for the Application of Graffiti in Violation of the Duarte Municipal Code
Recommendation: Adopt Resolution No. 23-03 establishing a reward for the information leading to the identification, apprehension, and conviction of any person for the application of graffiti in violation of the Duarte Municipal Code.
3 11. CONTINUATION OF ORAL COMMUNICATIONS

12. ITEMS FROM CITY COUNCIL/SUCCESSOR AGENCY/HOUSING

AUTHORITY/FINANCING AUTHORITY MEMBERS AND CITY MANAGER/EXECUTIVE

DIRECTOR

13. ADJOURNMENT
.

AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the following locations: City Hall – 1600 Huntington Drive, Duarte Public Safety Department – 1042 Huntington Drive, Duarte Library – 1301 Buena Vista Street, and the City of Duarte website (www.accessduarte.com) not less than 72 hours prior to the meeting per Government Code 54954.2.

Dated this 19th day of January, 2023.

Annette Juarez
City Clerk
4 5
01/10/2023 – PAGE 1

CITY OF DUARTE

MINUTES OF THE SPECIAL MEETING OF THE

CITY COUNCIL OF THE CITY OF DUARTE
TUESDAY, JANURARY 10, 2023 – 4:30 P.M

1. CALL TO ORDER
Mayor Schulz called the Special Meeting to order at 4:45 p.m.

ROLL CALL:

Councilmembers Present: Finlay, Kang (arrived at 5:20), Lewis (arrived at 5:04), Truong, Garcia, Martin Del Campo, Schulz
Councilmembers Absent: None
Staff Present: Daniel Jordan, City Manager
Annette Juarez, City Clerk
Christine Soo, Deputy City Clerk/ Administrative Secretary

5. INTERVIEW OF CANDIDATES FOR VACANT CITY COMMISSION POSITIONS The City Council interviewed the following candidates to fill City Commission vacancies:

Doris Anderson
Robert Meinert
Citlally Morinico
Alexander Streff
Yesenia Paez
Brian Quandt
Wallace Wolff
Jim Kirchner
Ryan Hsu
Shiu Kei (Thomas) Tsui
Patricia Dalessandro
Jo-Ann Oloteo
Michelle Wright
Daniel Becker

6. DISCUSSION OF INTERVIEWS AND CANDIDATES
The City Council discussed the interviews and deliberated over candidates to fill City Commission vacancies.

7. ADJOURNMENT – To Scheduled Regular City Council Meeting At 7:15 p.m. the City Council adjourned the meeting to the scheduled regular City Council Meeting.
__________________________________
Jody Schulz, Mayor
_________________________________
Annette Juarez, City Clerk
6 01/10/2023 – PAGE 1

CITY OF DUARTE

MINUTES OF THE REGULAR JOINT MEETING OF THE CITY COUNCIL,

THE DUARTE HOUSING AUTHORITY, AND THE DUARTE COMMUNITY

FACILITIES FINANCING AUTHORITY
TUESDAY, JANUARY 10, 2023
7:00 PM – Regular Session

1. CALL TO ORDER
Mayor Schulz called the meeting to order at 7:24 p.m.

ROLL CALL:

Councilmembers Present: Finlay, Kang, Lewis, Truong, Garcia, Martin Del Campo, Schulz Councilmembers Absent: None
Staff Present: Daniel Jordan, City Manager
Thai Viet Phan, City Attorney
Kristen Petersen, Assistant City Manager / Director of
Administrative Services
Craig Hensley, Director of Community Development
Manuel Enriquez, Director of Parks and Recreation
Brian Villalobos, Director of Public Safety Services
Victoria Rocha, Assistant to the City Manager
Annette Juarez, City Clerk
Christine Soo, Deputy City Clerk/ Administrative Secretary

2. PLEDGE TO THE FLAG
The flag salute was led by Victoria Rocha.

3. ADOPTION OF THE AGENDA
City Manager Jordan announced that the order of Business Item 10A and Business Item 10B will be switched. Business Item 10B, Appointments to City Commission Vacancies, will be discussed before Business Item 10A, Appointment to Intergovernmental Organizations. He also reported that a third business item will be added to the agenda, pertaining to the local emergency in Duarte.

City Attorney Phan reported that in order to comply with Brown Act regulations, the third Business Item 10C, Resolution No. 23-01, a resolution proclaiming the existence of a local emergency that occurred after the posting of the agenda, can be added to the agenda with a five-sevenths supermajority vote of the Council.

Moved by Councilmember Lewis, seconded by Councilmember Kang, and carried by the following vote of the Council to switch the order of Business Items 10A and 10B, to add Business Item 10C, and adopt the agenda as amended.

AYES: FINLAY, KANG, LEWIS, TRUONG, GARCIA, MARTIN DEL CAMPO, SCHULZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

4. SPECIAL ITEMS
A. Community Development Department Update
Community Development Director Hensley provided a department update. He announced that Duarte was awarded 1.6 million dollars for revamping the Donald and Bernice Watson Recreational Trail; the Solano project on Fasana Road started a few weeks ago; the City Hall Courtyard project has been delayed due to the rain; the Melcanyon Road cleanup is underway due 7 01/10/2023 – PAGE 2
to the rain; the department is working with the City attorney regarding property acquisitions, and he reported on traffic signal and median upgrades on Huntington Drive and Highland Avenue.

B. Parks and Recreation Department Update
Parks and Recreation Director Enriquez provided a department update and upcoming events; the City will be having an event to honor Martin Luther King, Jr. on January 12th and a job shadowing day on February 2nd; he provided an update on facility maintenance regarding the City’s pool deck.

5. ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS
Francis Fong, blood drive coordinator from City of Hope, announced the upcoming blood drive.

Joanna Gee, from Duarte Library, announced upcoming library program and events Assistant to the City Manager Rocha announced upcoming City events.

Councilmember Finlay shared a few words in memory of Kayla Khouzam, a Duarte resident who passed away before the new year.

6. ORAL COMMUNICATIONS – ITEMS NOT ON THE AGENDA
None.

7. CONSENT CALENDAR
A. Motion to read all Resolutions and ordinances presented for consideration by Title only and waive further reading. (CC/HA/FA)
B. Approval of absence(s) of City Councilmember(s) from the City Council meeting.

C. Approval of Minutes – December 13, 2022. (CC/HA/FA)
D. Approval of Warrants – December 27, 2022 and January 10, 2023. (CC/HA/FA) E. Receive and file the Community Development Department Status Report for January 2023.

F. Receive and file the Parks and Recreation Department Status Report for January 2023.

G. Second Reading of Ordinance No. 914 adopting building Code Updates.

Moved by Councilmember Finlay, seconded by Councilmember Garcia, and carried by the following vote of the Council to approve Items 7A-7G of the Consent Calendar.

AYES: FINLAY, KANG, LEWIS, TRUONG, GARCIA, MARTIN DEL CAMPO, SCHULZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

8. ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
None.

9. PUBLIC HEARINGS
First Reading of Ordinance No. 915
City Clerk Juarez provided a staff report regarding the electronic and paperless filing of FPPC campaign disclosure statements and statements of economic interest through Netfile, an online electronic filing system. She reported that the Netfile filing system has been approved by the 8 01/10/2023 – PAGE 3
California Secretary of State, it meets the requirements set forth by Government Code Section 84615, and adopting of the ordinance would permit filers to have the option of filing electronically.

Mayor Schulz opened the Public Hearing at 7:59 p.m.

No members of the public spoke.

City Clerk Juarez announced that no written comments were received.

Mayor Schulz closed the public hearing at 7:59 p.m.

Motioned by Mayor Pro-Tem Truong, seconded by Councilmember Kang, and carried by the following vote of the Council to approve the first reading of Ordinance No. 915.

AYES: FINLAY, KANG, LEWIS, TRUONG, GARCIA, MARTIN DEL CAMPO, SCHULZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

10. BUSINESS ITEMS
A. Appointments to City Commission Vacancies
Mayor Schulz shared that the Council interviewed many great candidates for the commission vacancies. She announced the following appointments to the commission vacancies:

Parks and Recreation Commission - James Finlay and Alexander Streff Planning and Economic Development Commission - Wally Wolff, Daniel Becker, and Brian Quandt
Public Safety Commission - Ken Bell, Jo-Ann Oloteo, and Michelle Wright Public Utilities, Communications, and Technology Commission - Pattie Dalessandro and Ryan Hsu
Public Works and Traffic Safety Commission - Jim Kirchner, Shui (Thomas) Tsui, and Yesenia Paez
Moved by Councilmember Garcia, seconded by Councilmember Lewis, and carried by the following vote of the Council to appoint the selected candidates to the commission vacancies.

AYES: FINLAY, KANG, LEWIS, TRUONG, GARCIA, MARTIN DEL CAMPO, SCHULZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
B. Appointments to Intergovernmental Organizations
Mayor Schulz announced the following appointments to the intergovernmental organizations:

City Manager as the representative and full Council as the alternates to Area “D” Emergency Services.

Councilmember Lewis as the delegate and full Council as the alternates to the California Contract Cities Association.

Councilmember Finlay as the delegate and full Council as the alternates to the City Selection Committee.
9 01/10/2023 – PAGE 4
Mayor Schulz as the delegate and Councilmember Martin Del Campo as the alternate to the Community Education Council.

Councilmember Martin Del Campo as the delegate and Councilmember Lewis as the alternate to the Duarte Community Coordinating Council.

Mayor Pro-Tem Truong as the delegate and Councilmember Lewis as the alternate to the Duarte Community Service Council.

Councilmember Finlay as delegate and Mayor Schulz as the alternate to the Duarte Education Foundation.

Mayor Pro-Tem Truong as the delegate and Councilmember Kang as the alternate to the Foothill Employment and Training Consortium.

Councilmember Garcia as the delegate and Councilmember Lewis as the alternate to Foothill Transit.

Mayor Schulz as the delegate and Councilmember Martin Del Campo as the alternate to the Gold Line Phase 2 JPA.

Councilmember Finlay as the delegate and City Manager and full Council as the alternates to the Joint Powers Insurance Authority.

Councilmember Lewis as the delegate and full Council as the alternates to the League of California Cities.

Mayor Schulz as the delegate and Councilmember Martin Del Campo as the alternate to the San Gabriel Valley Council of Governments.

Mayor Pro-Tem Truong as the representative on the San Gabriel Valley Council of Government Energy, Environment, and Natural Resources Committee.

Mayor Schulz as the representative on the San Gabriel Valley Council of Government Homeless Committee.

Councilmember Kang as the representative on the San Gabriel Valley Council of Government Transportation Committee.

Mayor Pro-Tem Truong as the delegate and Councilmember Garcia as the alternate for the San Gabriel Valley Economic Partnership.

Councilmember Finlay as the representative for the San Gabriel Valley Vector Control District.

Mayor Schulz as the delegate and Councilmember Finlay as the alternate on Sanitation Districts 15 and 22.

Councilmember Finlay as the delegate and full Council as the alternates to the SoCal Association of Governments.

Moved by Councilmember Finlay, seconded by Councilmember Garcia, and carried by the following vote of the Council to appoint the selected members of Council to the intergovernmental organizations.

AYES: FINLAY, KANG, LEWIS, TRUONG, GARCIA, MARTIN DEL CAMPO, SCHULZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
10 01/10/2023 – PAGE 5
C. Adoption of Resolution No. 23-01 Proclaiming the Existence of a Local Emergency This item was added to the agenda by a supermajority vote of the Council during the Adoption of the Agenda.

Public Safety Services Director Villalobos gave a staff report regarding the local emergency due to the rainstorm that occurred on January 9, 2023 and January 10, 2023; he reported that Melcanyon Road was closed on the night on January 9, 2023 due to the debris and mudflow; the Emergency Operations Center (EOC) was activated on the night of January 9, 2023; and the field services team estimated about 100 cubic yards of mud and debris will need to be cleaned up.

Moved by Mayor Pro-Tem Truong, seconded by Councilmember Kang, and carried by the following vote of the Council to adopt Resolution No. 23-01, proclaiming the existence of a local emergency.

AYES: FINLAY, KANG, LEWIS, TRUONG, GARCIA, MARTIN DEL CAMPO, SCHULZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

11. CONTINUATION OF ORAL COMMUNICATIONS
Lino Paras spoke about debris flow on Melcanyon and expressed his concerns regarding graffiti being shown behind news reporters on camera.

12. ITEMS FROM CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/

FINANCING AUTHORITY MEMBERS AND CITY MANAGER/EXECUTIVE

DIRECTOR
City Manager Jordan commended the Public Safety staff and their swift response to the impacts caused by the rainstorm.

Councilmember Martin Del Campo thanked staff for the Day Camp Programs.

Mayor Pro-Tem Truong thanked Public Safety staff for their hard work.

Councilmember Finlay reported that she attended the Contract Cities conference.

Councilmember Garcia reported that he attended a holiday event at Beardslee Academy where he met a family in need; he gave a shoutout to former Mayor and Kiwanis Member Lois Gaston and State Assemblymember Blanca Rubio for their assistance in obtaining supplies for the family in need; he thanked Congresswoman Napolitano for the grant for the recreation trail; and thanked everyone who applied and interviewed to be a city commissioner.

Councilmember Kang expressed concerns for some homeless individuals conglomerating at the Big Lots parking lot; he thanked Congresswoman Napolitano for the grant to revamp the recreation trail; and he thanked Assistant to the City Manager Rocha for her work in obtaining the grant.

Councilmember Lewis apologized for missing the last meeting; he thanked all the candidates who applied and interviewed to be a commissioner; he requested that Staff send a thank-you letter to Congresswoman Napolitano for the grant for the recreation trail; and he wished everyone a happy new year.

Mayor Schulz thanked staff for the tremendous holiday events; she shared that she purchased a shield for the catalytic converter on her car and informed everyone that they can purchase shields and have them installed at Mountain View; she thanked everyone who applied to be a city commissioner.
11 01/10/2023 – PAGE 6

13. ADJOURNMENT
At 8:40 p.m. the City Council adjourned the meeting in memory of Kayla Khouzam. __________________________________
Jody Schulz, Mayor
_________________________________
Annette Juarez, City Clerk
12 1/19/2023 1:58:46 PM Page 1 of 8
Council Warrant Register By Account
City of Duarte By Fund
Payment Dates 1/12/2023 - 1/25/2023
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Fund: 100 - GENERAL FUND
100-1205-7636 TOM'S CLOTHING & UNIFORMS …CSO F Carrillo Uniforms 2882 85.98 Marilyn Mays Membership 218231 170.00
2/1/2023 - 1/31/2024
100-1605-7612 CALIFORNIA PARK & RECREATI…
100-1010-7685 GRANICUS INC Granicus Training 2863 450.00 Crossing Guard Services 2850 5,045.75
10/30/22 - 11/12/22
100-1205-7782 ALL CITY MANAGEMENT SERVIC…
100-1605-7736 CAPITAL ONE Winter Recital Supplies BD23-0880 39.38 Huntington/Buena Vista Econ 2867 253.50
Dev Analysis 11/2022
100-1405-7965 KOSMONT COMPANIES
Crossing Guard Services 2850 3,035.88
11/13/22 - 11/26/22
100-1205-7782 ALL CITY MANAGEMENT SERVIC…
TC Snack Bar/Vendor Event BD23-0880 206.48
Supplies
100-1605-7735 CAPITAL ONE
100-1020-7716 CAPITAL ONE Holiday in the Park Supplies BD23-0880 29.44 100-1605-7733 CAPITAL ONE Senior Ctr Supplies BD23-0880 50.37 100-1605-7730 CAPITAL ONE Gingerbread Party Supplies BD23-0880 24.18 SC New Years Brunch 218250 500.00
Entertainment 1/4/2023
100-1605-7733 CARLOS FELIPE PEREZ
100-1605-7733 DUARTE PETTY CASH/BINGO PR…SC Bingo Prize Money 218240 140.00 Crossing Guard Services 2850 5,980.40
11/27/22 - 12/10/22
100-1205-7782 ALL CITY MANAGEMENT SERVIC…
100-1205-7779 AUTOZONE Vehicle 28, 29, 30 Tire Chains 218229 444.05 New Electrical Wiring at Duarte 218251 29,410.22
Sports Park
100-1415-7889 ECM PECO INC / PRECISION ELE…
100-1605-7650 HUNTINGTON TIRE & AUTO CE… Vehicle 16 Tires (4)/Alignment 2866 1,083.75 1999 TAB Trustee Fees 12/1/22 - 2885 1,490.00
11/30/23
100-1825-7782 US BANK
City of Hope Active Shooter 2884 47.30
Meeting (Mikomi Sushi)
100-1205-7610 U.S. BANK
City of Hope Active Shooter 2884 64.44
Meeting (Mikomi Sushi)
100-1205-7610 U.S. BANK
Public Safety Meeting 12/20/22 2884 112.45
(Max's)
100-1205-7610 U.S. BANK
Meeting w/Sergeant Fiedler 2884 35.17
12/13/22 (Thai Spices)
100-1205-7610 U.S. BANK
100-1205-7610 U.S. BANK Office Meeting Supplies (Target) 2884 85.02 100-1205-7614 U.S. BANK Office Supplies (Amazon) 2884 29.13 CERT Holiday Candy/Cups 2884 93.91
(Target)
100-1205-7615 U.S. BANK
CERT Holiday Raffle Prizes 2884 200.00
(Target)
100-1205-7615 U.S. BANK
Larry Breceda Uniform Jacket 2884 101.71
(FSP Designs)
100-1205-7636 U.S. BANK
DART Meeting 12/17/22 (Little 2884 41.29
Caesars)
100-1205-7779 U.S. BANK
DART Big Bear Trip Lodging (Air 2884 1,876.11
BnB)
100-1205-7779 U.S. BANK
100-1205-7779 U.S. BANK DART Trip 12/1/22 (LA Zoo) 2884 819.00 DART Nature Walk 12/3/22 (In- 2884 60.86
N-Out)
100-1205-7779 U.S. BANK
DART Holiday in the Park (Sweet 2884 95.00
Basil Pizza)
100-1205-7779 U.S. BANK
100-1205-7779 U.S. BANK DART Events Water (Target) 2884 14.37 DART Toy Drive Dinner (Little 2884 57.80
Caesars)
100-1205-7980 U.S. BANK
13 Council Warrant Register By Account Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 1:58:46 PM Page 2 of 8
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Stuff a Patrol Car Event 12/17/22 2884 47.03
(Tops)
100-1205-7980 U.S. BANK
Toy Drive Dinner (Max's Mexican 2884 131.64
Cuisine)
100-1205-7980 U.S. BANK
DART Toy Drive Dinner 2884 55.05
(Tropicana Market)
100-1205-7980 U.S. BANK
CSO/AC Interviews 12/19/22 2884 34.03
(The Habit Burger)
100-1205-7980 U.S. BANK
100-1610-7652 ALBERTOS PLUMBING CC Kitchen Sink Drain Repair 218228 2,950.00 100-1605-7636 JAG ENDEAVORS LLC TC Staff Uniform Sweaters 218245 260.28 100-1205-7762 CALE AMERICA INC WTP Fees 12/2022 2852 573.10 100-1610-7652 PRONTO GYM SERVICES INC Treadmill & Eliptical Repair 218252 180.00 100-1205-7781 LOS ANGELES COUNTY SHERIFF'…Tobacco Enforcement 11/5/2022 2868 202105-Contract Law Enforcem… 914.73 Candidate Statement Printing 218234 1,078.86
11/8/2022 Election
100-1010-7651 COUNTY OF LA REGISTRAR-REC…
100-1825-7980 PAPER RECYCLING & SHREDDIN… Document Shredding 218249 58.00 Tera Martin Del Campo Name 218257 85.66
Plate
100-1610-7618 SHAFFER AWARDS
100-1605-7636 HENDERSON'S UNIFORMS TC Staff Uniform Hats 2865 175.85 Weekly Pool Servicing Contract 2853 1,950.00
12/2022
100-1610-7652 CALIBER COMMERCIAL POOL S…
100-1010-7670 SOUTHERN CALIFORNIA NEWS … Legal Advertising 12/2022 2876 2,069.67 100-1205-7780 SAN GABRIEL VALLEY HUMANE …Animal Shelter Services 1/2023 2874 5,166.67 100-1815-7830 THE TECHNOLOGY DEPOT INC Mitel Maintenance 2/2023 2880 422.00 Cloud Connect SIP & E911 2880 316.25
Bundle 2/2023
100-1815-7830 THE TECHNOLOGY DEPOT INC
Telephone Cloud Connect 2880 593.90
2/2023
100-1815-7830 THE TECHNOLOGY DEPOT INC
SD Wan w/VELO Cloud Connect 2880 567.60
2/2023
100-1815-7830 THE TECHNOLOGY DEPOT INC
100-1815-7821 THE TECHNOLOGY DEPOT INC VITA Mgmt 2/2023 2880 553.00 100-1020-7724 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 161.58 100-1415-7916 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 2,009.15 100-1825-7945 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 250016-Oper of Acq Prop-1229 … 58.55 EOC Software 12/1/2022 - 2881 187.49
12/31/2022
100-1205-7655 THOMSON REUTERS-WEST PUB…
100-1810-7980 CMC LIVESCAN & NOTARY SERV…Livescan Services 12/2022 2857 100.00 City Property Damage Repair 2855 15,900.00
(1210 Hunt Dr)
100-1820-7771 CALIFORNIA STREET LIGHTING DMGE077-Light Pole Down-Op… PS Postage Machine Lease 218254 664.60
2/1/2023 - 4/30/2023
100-1825-7630 QUADIENT LEASING USA INC
100-1605-7740 SMART & FINAL Winter Day Camp Supplies 2875 21.26 100-1605-7733 SMART & FINAL SC New Years Brunch Supplies 2875 193.47 100-1610-7618 SMART & FINAL Janitorial Supplies 2875 339.14 100-1605-7733 RODOLFO CARDENAS SC Entertainment DJ 218232 175.00 100-1605-7733 RODOLFO CARDENAS SC Sweetheart Dance DJ 218232 175.00 100-1205-7980 STAPLES ADVANTAGE Office Supplies 2877 264.58 100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 2856 26.36 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 2856 8.64 T-Shirts/Sweatshirts/Promo 2860 13,384.54
Items (Tobacco Grant)
100-1205-7980 FSP DESIGNS 202105-Other Exp-Tobacco Gra… 100-1205-7610 DUARTE PUBLIC SAFETY PETTY … PS Meeting Supplies 218241 24.99 100-1205-7614 DUARTE PUBLIC SAFETY PETTY … Office Supplies 218241 18.35 100-1205-7980 DUARTE PUBLIC SAFETY PETTY … Office Water 218241 30.75 100-4408 DUARTE UNIFIED SCHOOL DISTR…Nextel/SBA Lease 1/2023 218243 250004 - Property Rent - Nextel… 1,924.53 SB1383 Implementation 2873 1,307.50
Consulting 12/2022
100-1825-7687 R3 CONSULTING GROUP
CH/Yard Alarm/Camera 2872 173.84
Monitoring 2/1/23 - 2/28/23
100-1610-7652 POST ALARM SYSTEMS
14 Council Warrant Register By Account Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 1:58:46 PM Page 3 of 8
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount 100-1410-7814 SUPERIOR PROPERTY SERVICES …Graffiti Removal 12/2022 218260 3,920.94 100-1605-7741 J & J SPORTS & TROPHIES Ice Packs 218244 352.80 Building Plans Storage 1/1/2023 BD23-0867 410.00
- 2/1/2023
100-1405-7800 LIFE STORAGE #530
Building Plans Storage 1/1/2023 BD23-0868 384.00
- 2/1/2023
100-1405-7800 LIFE STORAGE #530
100-1605-7612 SOUTHERN CALIFORNIA MUNIC…2023 Membership (4) 218258 145.00 Gsuite accessduarte.com BD23-0877 1,260.00
12/1/22 - 12/31/22
100-1815-7632 GOOGLE LLC
100-1810-7980 CALIFORNIA STATE DEPARTME… Fingerprint Apps 12/2022 2854 192.00 100-1605-7733 CURO MANAGED PRINT PRODU…SC Jan/Feb 2023 Newsletter 218236 882.00 100-1020-7726 LEVON YOTNAKHPARIAN CC Cablecast 12/13/2022 2888 550.00 100-1605-7735 SMART & FINAL TC Snack Bar Supplies 2875 105.01 100-2012 CALIFORNIA BUILDING STANDA… Green Bldg Fees Q4 2022 218230 286.00 Strong Motion Fee (SMIP) Q4 218238 1,449.80
2022
100-2013 DEPARTMENT OF CONSERVATI…
100-5004 DEPARTMENT OF CONSERVATI… Local Agency Fee Q4 2022 218238 -72.49 100-5004 CALIFORNIA BUILDING STANDA… Local Gov't Retainer Q4 2022 218230 -28.60 100-1205-7761 SUPERIOR CT OF CAL CO OF LOS…Citation Revenue Tax 12/2022 218259 6,418.50 100-2120 LEONOR NAJERA CC Rent Deposit Refund 218246 500.00 100-1815-7821 THE TECHNOLOGY DEPOT INC Contract Increase 2/2023 2879 55.30 100-1815-7830 THE TECHNOLOGY DEPOT INC Contract Increase 2/2023 2879 59.39 100-1815-7830 THE TECHNOLOGY DEPOT INC Contract Increase 2/2023 2879 85.14 100-1815-7830 THE TECHNOLOGY DEPOT INC Contract Increase 2/2023 2879 42.20 100-5005 CALIFORNIA DEPT OF TAX & FEE…2022 Sales & Use Tax BD23-0881 12.00 Senior Ctr Excursion 2875 146.01
Snacks/Water/Activity Snacks
100-1605-7733 SMART & FINAL
100-1610-7618 SMART & FINAL Senior Ctr Coffee Supplies 2875 304.08 100-2122 DIVISION OF THE STATE ARCHIT…Disability Access Fee Q4 2022 218239 122.80 Santa Comes to Duarte Rental 218242 29.17
Car Gas
100-1020-7716 DUARTE RECREATION PETTY CA…
100-1605-7733 DUARTE RECREATION PETTY CA…SC Holiday Brunch Napkins 218242 19.79 100-1605-7733 DUARTE RECREATION PETTY CA…SC TV Remote 218242 28.68 100-1605-7735 DUARTE RECREATION PETTY CA…TC Holiday Festival Mugs 218242 8.70 100-1605-7980 DUARTE RECREATION PETTY CA…Staff Appreciation Decorations 218242 36.35 City Hall ADA Improvement 218253 163,139.75
Project
100-1405-8100 PUB CONSTRUCTION INC 202102-Cap Improv-CH CDBG … 100-2127 PUB CONSTRUCTION INC Retention 218253 202102- Retention CDBG ADA I… -8,156.99 100-1815-7980 MAXTREME INC CC Podium Power Supply 2871 20.79 100-1815-7980 MAXTREME INC P&R Airpods/Apple Gift Card 2871 187.62 100-1815-7980 MAXTREME INC City Mgr Printer Toner 2871 299.87 100-1815-8011 MAXTREME INC PS Laptop 2871 1,436.56
100-1825-7614 STAPLES ADVANTAGE 2022 1099 Forms/Envelopes 2877 133.14 100-1815-8011 MAXTREME INC MacBook Pro-CMD 2871 2,016.47 NeoGov Renewal 2/15/23 - 2862 1,068.31
2/14/24 (governmentjobs)
100-1810-7672 GOVERNMENTJOBS.COM INC
NeoGov Renewal 2/15/2023 - 2862 3,217.10
2/14/2024 (Insight)
100-1810-7672 GOVERNMENTJOBS.COM INC
NeoGov Renewal 2/15/2023 - 2862 1,930.85
2/14/2024 (Onboard)
100-1810-7672 GOVERNMENTJOBS.COM INC
100-1815-7965 MAXTREME INC IT Helpdesk 1/2023 2871 12,500.00 DART Expense Reimbursement 2883 652.55
11/17/22 - 1/4/23
100-1205-7779 AIDA TORRES
100-1020-7980 STUBBIES PROMOTIONS INC Annual Awards Gift 2878 2,160.23 Actual Candidate Statement 2859 -316.78
Printing
100-1010-7651 MARGARET FINLAY
Candidate Statement Printing 2859 400.00
Deposit
100-2120 MARGARET FINLAY
Actual Candidate Statement 2869 -149.39
Printing
100-1010-7651 TERA MARTIN DEL CAMPO
Candidate Statement Printing 2869 200.00
Deposit
100-2120 TERA MARTIN DEL CAMPO
15 Council Warrant Register By Account Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 1:58:46 PM Page 4 of 8
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount Actual Candidate Statement 2861 -302.87
Printing
100-1010-7651 CESAR A GARCIA
Candidate Statement Printing 2861 400.00
Deposit
100-2120 CESAR A GARCIA
Actual Candidate Statement 218248 -158.39
Printing
100-1010-7651 LUZ YESENIA PAEZ
Candidate Statement Printing 218248 400.00
Deposit
100-2120 LUZ YESENIA PAEZ
Actual Candidate Statement 218255 -151.43
Printing
100-1010-7651 ART RODRIGUEZ JR
Candidate Statement Printing 218255 200.00
Deposit
100-2120 ART RODRIGUEZ JR
100-2120 ALINA SEROPIAN ROP Bldg Rent Deposit Refund 218256 150.00 2 Hour Compensation (Bldg in 218256 70.00
Use)
100-4404 ALINA SEROPIAN
100-1020-7980 ABRAHAM MARTINEZ Annual Awards Music 2870 1,125.00 Fund 100 - GENERAL FUND Total: 307,682.54
Fund: 220 - GAS TAX FUN
Retention-2021/2022 Trench 218247 4,658.50
Repair
220-2127 ONYX PAVING COMPANY INC 202209/Retention-Annual Tren… Retention-Annual Striping 2887 2,345.49
Project
220-2127 WGJ ENTERPRISES INC 202210/220-2127-Traffic/Street… Fund 220 - GAS TAX FUN Total: 7,003.99
Fund: 225 - SB-1, Road Maintenance/Rehab Fund
Street Rehabilition Engineering 2858 20,825.00
8/3/22 - 1/9/23
225-2250-8100 ELIE FARAH INC 202306/225-2250-8100-Other … Fund 225 - SB-1, Road Maintenance/Rehab Fund Total: 20,825.00 Fund: 240 - LIGHTING AND LANDSCAPE DISTRICT FUND
Gopher Control-Turf Trail 218235 94.14
11/2022
240-2410-7662 COUNTY OF LOS ANGELES AGRI…
240-2405-7888 CONSOLIDATED ELECTRICAL DIS…Citywide Street Light Supplies 218233 1,122.65 240-2410-7906 WEST COAST ARBORISTS INC Stump Removal @ City Hall 2886 526.80 240-2410-7915 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 10,537.29 240-2410-7917 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 6,807.23 240-2410-7917 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 681.41 240-2420-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 484.95 240-2421-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 1,826.50 240-2422-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 675.21 240-2423-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 1,264.50 240-2424-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 772.75 240-2425-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 562.00 240-2426-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 252.90 240-2427-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 885.61 240-2431-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 1,124.00 240-2432-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 1,173.18 240-2433-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 744.65 240-2434-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 498.78 16 Council Warrant Register By Account Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 1:58:46 PM Page 5 of 8
Account Number Vendor Name Description (Item) Payment Number Project Account Key Amount 240-2435-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 2851 702.50 Fund 240 - LIGHTING AND LANDSCAPE DISTRICT FUND Total: 30,737.05 Fund: 260 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
260-2127 PUB CONSTRUCTION INC Retention 218253 202102-Retention-CDBG ADA I… -7,601.78 260-2605-8062 PUB CONSTRUCTION INC City Hall ADA Project 11/2022 218253 202102-Exp-CDBG ADA Improv… 152,035.56 Fund 260 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Total: 144,433.78 Fund: 440 - PROPOSITION A TRANSIT FUND
440-4405-7814 SUPERIOR PROPERTY SERVICES …Graffiti Removal 12/2022 218260 811.41 Fund 440 - PROPOSITION A TRANSIT FUND Total: 811.41
Fund: 470 - MEASURE R LR TRANSIT FUND
Retention-2021/2022 Concrete 218237 4,497.92
Repair
470-2127 DASH CONSTRUCTION COMPA… 202208/470-2127 Citywide Sid… Fund 470 - MEASURE R LR TRANSIT FUND Total: 4,497.92
Fund: 620 - COMMUNITY IMPROVEMENT FUND
620-2127 TOWO ENTERPRISE INC Retention 218261 202106-Retention-620-2127-Hi… -1,465.00 Duarte Rd Sidewalk/Ped Lighting 218261 3,693.21
Improvements
620-6225-8100 TOWO ENTERPRISE INC 202106-Other Cap-620-6225-Hi… Duarte Rd Sidewalk/Ped Lighting 218261 25,606.93
Improvements
620-6225-8100 TOWO ENTERPRISE INC 202106-Other Cap-620-6225-Hi… Retention-Street & Ped Light 218261 24,613.97
Improvements
620-2127 TOWO ENTERPRISE INC 202106-Retention-620-2127-Hi… Fund 620 - COMMUNITY IMPROVEMENT FUND Total: 52,449.11
Fund: 681 - Former RDA Low-Mod Income Housing Asset Fund FY22 SB341 Report 11/27/22 - 2864 202.50
12/31/22
681-6815-7965 HARRIS & ASSOCIATES
Fund 681 - Former RDA Low-Mod Income Housing Asset Fund Total: 202.50 Grand Total: 568,643.30
17 Council Warrant Register By Account Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 1:58:46 PM Page 6 of 8
Report Summary
Fund Summary
Fund Payment Amount
100 - GENERAL FUND 307,682.54
220 - GAS TAX FUN 7,003.99
225 - SB-1, Road Maintenance/Rehab Fund 20,825.00
240 - LIGHTING AND LANDSCAPE DISTRICT FUND 30,737.05
260 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 144,433.78 440 - PROPOSITION A TRANSIT FUND 811.41
470 - MEASURE R LR TRANSIT FUND 4,497.92
620 - COMMUNITY IMPROVEMENT FUND 52,449.11
681 - Former RDA Low-Mod Income Housing Asset Fund 202.50 Grand Total: 568,643.30
Account Summary
Account Number Account Name Payment Amount
100-1010-7651 Election Services 0.00
100-1010-7670 Legal Notices 2,069.67
100-1010-7685 Technology Services 450.00
100-1020-7716 Special Community Events 58.61
100-1020-7724 Post Office Parking 161.58
100-1020-7726 Council Cablecasting 550.00
100-1020-7980 Other Expenses 3,285.23
100-1205-7610 Travel, Mtgs & Conf 369.37
100-1205-7614 Office Supplies 47.48
100-1205-7615 Emergency Supplies 293.91
100-1205-7636 Uniforms 187.69
100-1205-7655 Emergency Services 187.49
100-1205-7761 Parking Ticket Collect 6,418.50
100-1205-7762 Parking Pass Kiosk Costs 573.10
100-1205-7779 Youth Programs 4,003.23
100-1205-7780 Animal Control 5,166.67
100-1205-7781 Contract Law Enforcement 914.73
100-1205-7782 Crossing Guard Contract … 14,062.03
100-1205-7980 Other Expenses 14,005.42
100-1405-7800 Building Department Serv… 794.00
100-1405-7965 Professional Services 253.50
100-1405-8100 Other Capital Improveme… 163,139.75
100-1410-7814 Graffiti Removal 3,920.94
100-1415-7889 Repairs-Sports Park 29,410.22
100-1415-7916 Landscape-Sport Park 2,009.15
100-1605-7612 Publications and Dues 315.00
100-1605-7636 Uniforms 436.13
100-1605-7650 Vehicle Maintenance 1,083.75
100-1605-7730 Special Events 24.18
100-1605-7733 Senior Center 2,310.32
100-1605-7735 Teen Center 320.19
100-1605-7736 Youth & Adult Recreation… 39.38
100-1605-7740 Day Camps 21.26
100-1605-7741 Sports/Playground Progr… 352.80
100-1605-7980 Other Expenses 36.35
100-1610-7618 Building Supplies 728.88
100-1610-7636 Uniforms 26.36
100-1610-7652 Building Maint Services 5,262.48
100-1810-7672 Neogov Program Costs 6,216.26
100-1810-7980 Other Expenses 292.00
100-1815-7632 Software Maintenance 1,260.00
100-1815-7821 Personal Computer Suppo… 608.30
100-1815-7830 Telephones 2,086.48
100-1815-7965 Professional Services 12,500.00
18 Council Warrant Register By Account Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 1:58:46 PM Page 7 of 8
Account Summary
Account Number Account Name Payment Amount
100-1815-7980 Other Expenses 508.28
100-1815-8011 Computer Equipment (Cap… 3,453.03
100-1820-7771 Repair Of City Property 15,900.00
100-1825-7614 Office Supplies 133.14
100-1825-7630 Equipment Lease 664.60
100-1825-7687 Waste Mgmt Services 1,307.50
100-1825-7782 Admin Support of Debt Se… 1,490.00
100-1825-7945 Operation Of Acq Prop 58.55
100-1825-7980 Other Expenses 58.00
100-2012 Green Building Fees Payab… 286.00
100-2013 Strong Motions Fees Paya… 1,449.80
100-2120 Refundable Deposits 2,250.00
100-2122 Disability Access & Educ P… 122.80
100-2127 Retention Payable -8,156.99
100-4404 Other Building Rentals 70.00
100-4408 Property Rental 1,924.53
100-5004 Other Revenue -101.09
100-5005 Taxable Sales 12.00
220-2127 Retention Payable 7,003.99
225-2250-8100 Other Capital Improveme… 20,825.00
240-2405-7888 Repairs-Citywide 1,122.65
240-2410-7662 Other Serv-Citywide 94.14
240-2410-7906 Tree Trim-Citywide 526.80
240-2410-7915 Landscape-Citywide 10,537.29
240-2410-7917 Landscape-Medians 7,488.64
240-2420-7914 Landscape Maintenance 484.95
240-2421-7914 Landscape Maintenance 1,826.50
240-2422-7914 Landscape Maintenance 675.21
240-2423-7914 Landscape Maintenance 1,264.50
240-2424-7914 Landscape Maintenance 772.75
240-2425-7914 Landscape Maintenance 562.00
240-2426-7914 Landscape Maintenance 252.90
240-2427-7914 Landscape Maintenance 885.61
240-2431-7914 Landscape Maintenance 1,124.00
240-2432-7914 Landscape Maintenance 1,173.18
240-2433-7914 Landscape Maintenance 744.65
240-2434-7914 Landscape Maintenance 498.78
240-2435-7914 Landscape Maintenance 702.50
260-2127 Retention Payable -7,601.78
260-2605-8062 ADA Improvements 152,035.56
440-4405-7814 Graffiti Removal 811.41
470-2127 Retention Payable 4,497.92
620-2127 Retention Payable 23,148.97
620-6225-8100 Other Capital Improveme… 29,300.14
681-6815-7965 Professional Services 202.50
Grand Total: 568,643.30
Project Account Summary
Project Account Key Payment Amount
**None** 152,268.39
202102- Retention CDBG ADA Improvement -8,156.99
202102-Cap Improv-CH CDBG ADA Improvement 163,139.75
202102-Exp-CDBG ADA Improvement 152,035.56
202102-Retention-CDBG ADA Improv Project -7,601.78
202105-Contract Law Enforcement 914.73
202105-Other Exp-Tobacco Grant 13,384.54
202106-Other Cap-620-6225-Highland Promenade-Msr M 29,300.14 202106-Retention-620-2127-Highland Promenade-Msr M 23,148.97 19 Council Warrant Register By Account Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 1:58:46 PM Page 8 of 8
Project Account Summary
Project Account Key Payment Amount
202208/470-2127 Citywide Sidewalk Project FY21-22 4,497.92 202209/Retention-Annual Trench RepairFY21-22 4,658.50
202210/220-2127-Traffic/Street Striping FY21-22 2,345.49 202306/225-2250-8100-Other Cap-FY23 St Rehab 20,825.00
250004 - Property Rent - Nextel Rent (Otis Gordon) 1,924.53 250016-Oper of Acq Prop-1229 Pops Road 58.55
DMGE077-Light Pole Down-Opposite 1210 Hunt/Median 15,900.00 Grand Total: 568,643.30
20 1/19/2023 2:00:16 PM Page 1 of 11
Council Warrant Register By Vendor
City of Duarte By Fund
Payment Dates 1/12/2023 - 1/25/2023
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Fund: 100 - GENERAL FUND
Vendor: 5706 - ABRAHAM MARTINEZ
100-1020-7980 ABRAHAM MARTINEZ Annual Awards Music 1/27/2023 1,125.00 Vendor 5706 - ABRAHAM MARTINEZ Total: 1,125.00
Vendor: 1388 - AIDA TORRES
DART Expense Reimbursement 12/2023 652.55
11/17/22 - 1/4/23
100-1205-7779 AIDA TORRES
Vendor 1388 - AIDA TORRES Total: 652.55
Vendor: 5561 - ALBERTOS PLUMBING
100-1610-7652 ALBERTOS PLUMBING CC Kitchen Sink Drain Repair 681762 2,950.00 Vendor 5561 - ALBERTOS PLUMBING Total: 2,950.00
Vendor: T4578 - ALINA SEROPIAN
100-2120 ALINA SEROPIAN ROP Bldg Rent Deposit Refund R97536 150.00 2 Hour Compensation (Bldg in R97536 70.00
Use)
100-4404 ALINA SEROPIAN
Vendor T4578 - ALINA SEROPIAN Total: 220.00
Vendor: 6117 - ALL CITY MANAGEMENT SERVICE INC
Crossing Guard Services 81422 5,045.75
10/30/22 - 11/12/22
100-1205-7782 ALL CITY MANAGEMENT SERVIC…
Crossing Guard Services 81778 3,035.88
11/13/22 - 11/26/22
100-1205-7782 ALL CITY MANAGEMENT SERVIC…
Crossing Guard Services 82045 5,980.40
11/27/22 - 12/10/22
100-1205-7782 ALL CITY MANAGEMENT SERVIC…
Vendor 6117 - ALL CITY MANAGEMENT SERVICE INC Total: 14,062.03 Vendor: T3686 - ART RODRIGUEZ JR
Actual Candidate Statement R95759 -151.43
Printing
100-1010-7651 ART RODRIGUEZ JR
Candidate Statement Printing R95759 200.00
Deposit
100-2120 ART RODRIGUEZ JR
Vendor T3686 - ART RODRIGUEZ JR Total: 48.57
Vendor: 1491 - AUTOZONE
100-1205-7779 AUTOZONE Vehicle 28, 29, 30 Tire Chains 2814859251 444.05 Vendor 1491 - AUTOZONE Total: 444.05
Vendor: 3889 - BRIGHTVIEW LANDSCAPE SERVICES INC
100-1020-7724 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 161.58 100-1415-7916 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 2,009.15 100-1825-7945 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 250016-Oper of Acq Prop-1229 … 58.55 Vendor 3889 - BRIGHTVIEW LANDSCAPE SERVICES INC Total: 2,229.28 Vendor: 5559 - CALE AMERICA INC
100-1205-7762 CALE AMERICA INC WTP Fees 12/2022 172458 573.10 Vendor 5559 - CALE AMERICA INC Total: 573.10
Vendor: 5654 - CALIBER COMMERCIAL POOL SERVICE
Weekly Pool Servicing Contract 221071201 1,950.00
12/2022
100-1610-7652 CALIBER COMMERCIAL POOL S…
Vendor 5654 - CALIBER COMMERCIAL POOL SERVICE Total: 1,950.00 Vendor: 4495 - CALIFORNIA BUILDING STANDARDS COMMISSION 100-2012 CALIFORNIA BUILDING STANDA… Green Bldg Fees Q4 2022 10/2022 - 12/2022 286.00 100-5004 CALIFORNIA BUILDING STANDA… Local Gov't Retainer Q4 2022 10/2022 - 12/2022 -28.60 Vendor 4495 - CALIFORNIA BUILDING STANDARDS COMMISSION Total: 257.40 21 Council Warrant Register By Vendor Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 2:00:16 PM Page 2 of 11
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 5836 - CALIFORNIA DEPT OF TAX & FEE ADMINISTRATION 100-5005 CALIFORNIA DEPT OF TAX & FEE…2022 Sales & Use Tax 0-030-861-656 12.00 Vendor 5836 - CALIFORNIA DEPT OF TAX & FEE ADMINISTRATION Total: 12.00 Vendor: 1563 - CALIFORNIA PARK & RECREATION SOCIETY
Marilyn Mays Membership 113492-102522 170.00
2/1/2023 - 1/31/2024
100-1605-7612 CALIFORNIA PARK & RECREATI…
Vendor 1563 - CALIFORNIA PARK & RECREATION SOCIETY Total: 170.00 Vendor: 0065 - CALIFORNIA STATE DEPARTMENT OF JUSTICE
100-1810-7980 CALIFORNIA STATE DEPARTME… Fingerprint Apps 12/2022 626796 192.00 Vendor 0065 - CALIFORNIA STATE DEPARTMENT OF JUSTICE Total: 192.00 Vendor: 5869 - CALIFORNIA STREET LIGHTING
City Property Damage Repair 934 15,900.00
(1210 Hunt Dr)
100-1820-7771 CALIFORNIA STREET LIGHTING DMGE077-Light Pole Down-Op… Vendor 5869 - CALIFORNIA STREET LIGHTING Total: 15,900.00 Vendor: 6229 - CAPITAL ONE
100-1605-7736 CAPITAL ONE Winter Recital Supplies 05426 39.38 TC Snack Bar/Vendor Event 91888 206.48
Supplies
100-1605-7735 CAPITAL ONE
100-1020-7716 CAPITAL ONE Holiday in the Park Supplies 06958 29.44 100-1605-7733 CAPITAL ONE Senior Ctr Supplies 09681 50.37 100-1605-7730 CAPITAL ONE Gingerbread Party Supplies 09682 24.18 Vendor 6229 - CAPITAL ONE Total: 349.85
Vendor: 6357 - CARLOS FELIPE PEREZ
SC New Years Brunch 44907 500.00
Entertainment 1/4/2023
100-1605-7733 CARLOS FELIPE PEREZ
Vendor 6357 - CARLOS FELIPE PEREZ Total: 500.00
Vendor: 6340 - CESAR A GARCIA
Actual Candidate Statement R95690 -302.87
Printing
100-1010-7651 CESAR A GARCIA
Candidate Statement Printing R95690 400.00
Deposit
100-2120 CESAR A GARCIA
Vendor 6340 - CESAR A GARCIA Total: 97.13
Vendor: 5140 - CINTAS CORPORATION #693
100-1610-7636 CINTAS CORPORATION #693 Facility Maint Uniforms 4142096160 26.36 100-1610-7652 CINTAS CORPORATION #693 Logo Mats 4142096160 8.64 Vendor 5140 - CINTAS CORPORATION #693 Total: 35.00
Vendor: 5504 - CMC LIVESCAN & NOTARY SERVICES
100-1810-7980 CMC LIVESCAN & NOTARY SERV…Livescan Services 12/2022 CMC18013 100.00 Vendor 5504 - CMC LIVESCAN & NOTARY SERVICES Total: 100.00 Vendor: 0692 - COUNTY OF LA REGISTRAR-RECORDER/COUNTY CLERK Candidate Statement Printing 23-3019 1,078.86
11/8/2022 Election
100-1010-7651 COUNTY OF LA REGISTRAR-REC…
Vendor 0692 - COUNTY OF LA REGISTRAR-RECORDER/COUNTY CLERK Total: 1,078.86 Vendor: 5494 - CURO MANAGED PRINT PRODUCTION
100-1605-7733 CURO MANAGED PRINT PRODU…SC Jan/Feb 2023 Newsletter 6345 882.00 Vendor 5494 - CURO MANAGED PRINT PRODUCTION Total: 882.00 Vendor: 5132 - DEPARTMENT OF CONSERVATION
Strong Motion Fee (SMIP) Q4 10/2022 - 12/2022 1,449.80
2022
100-2013 DEPARTMENT OF CONSERVATI…
100-5004 DEPARTMENT OF CONSERVATI… Local Agency Fee Q4 2022 10/2022 - 12/2022 -72.49 Vendor 5132 - DEPARTMENT OF CONSERVATION Total: 1,377.31 Vendor: 5248 - DIVISION OF THE STATE ARCHITECT
100-2122 DIVISION OF THE STATE ARCHIT…Disability Access Fee Q4 2022 10/2022 - 12/2022 122.80 Vendor 5248 - DIVISION OF THE STATE ARCHITECT Total: 122.80 Vendor: 0476 - DUARTE PETTY CASH/BINGO PRIZE
100-1605-7733 DUARTE PETTY CASH/BINGO PR…SC Bingo Prize Money 2/2023 140.00 Vendor 0476 - DUARTE PETTY CASH/BINGO PRIZE Total: 140.00 22 Council Warrant Register By Vendor Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 2:00:16 PM Page 3 of 11
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 3165 - DUARTE PUBLIC SAFETY PETTY CASH
100-1205-7610 DUARTE PUBLIC SAFETY PETTY … PS Meeting Supplies 1042023 24.99 100-1205-7614 DUARTE PUBLIC SAFETY PETTY … Office Supplies 1042023 18.35 100-1205-7980 DUARTE PUBLIC SAFETY PETTY … Office Water 1042023 30.75 Vendor 3165 - DUARTE PUBLIC SAFETY PETTY CASH Total: 74.09 Vendor: 0311 - DUARTE RECREATION PETTY CASH
Santa Comes to Duarte Rental 1112023 29.17
Car Gas
100-1020-7716 DUARTE RECREATION PETTY CA…
100-1605-7733 DUARTE RECREATION PETTY CA…SC TV Remote 1112023 28.68 100-1605-7733 DUARTE RECREATION PETTY CA…SC Holiday Brunch Napkins 1112023 19.79 100-1605-7735 DUARTE RECREATION PETTY CA…TC Holiday Festival Mugs 1112023 8.70 100-1605-7980 DUARTE RECREATION PETTY CA…Staff Appreciation Decorations 1112023 36.35 Vendor 0311 - DUARTE RECREATION PETTY CASH Total: 122.69 Vendor: 0077 - DUARTE UNIFIED SCHOOL DISTRICT
100-4408 DUARTE UNIFIED SCHOOL DISTR…Nextel/SBA Lease 1/2023 1042023 250004 - Property Rent - Nextel… 1,924.53 Vendor 0077 - DUARTE UNIFIED SCHOOL DISTRICT Total: 1,924.53 Vendor: 4159 - ECM PECO INC / PRECISION ELECTRIC CO
New Electrical Wiring at Duarte 230099 29,410.22
Sports Park
100-1415-7889 ECM PECO INC / PRECISION ELE…
Vendor 4159 - ECM PECO INC / PRECISION ELECTRIC CO Total: 29,410.22 Vendor: 4039 - FSP DESIGNS
T-Shirts/Sweatshirts/Promo 10124 13,384.54
Items (Tobacco Grant)
100-1205-7980 FSP DESIGNS 202105-Other Exp-Tobacco Gra… Vendor 4039 - FSP DESIGNS Total: 13,384.54
Vendor: 6181 - GOOGLE LLC
Gsuite accessduarte.com 4636904757 1,260.00
12/1/22 - 12/31/22
100-1815-7632 GOOGLE LLC
Vendor 6181 - GOOGLE LLC Total: 1,260.00
Vendor: 5687 - GOVERNMENTJOBS.COM INC
NeoGov Renewal 2/15/2023 - INV-30848 1,930.85
2/14/2024 (Onboard)
100-1810-7672 GOVERNMENTJOBS.COM INC
NeoGov Renewal 2/15/23 - INV-30848 1,068.31
2/14/24 (governmentjobs)
100-1810-7672 GOVERNMENTJOBS.COM INC
NeoGov Renewal 2/15/2023 - INV-30848 3,217.10
2/14/2024 (Insight)
100-1810-7672 GOVERNMENTJOBS.COM INC
Vendor 5687 - GOVERNMENTJOBS.COM INC Total: 6,216.26
Vendor: 5347 - GRANICUS INC
100-1010-7685 GRANICUS INC Granicus Training 158064 450.00 Vendor 5347 - GRANICUS INC Total: 450.00
Vendor: 5367 - HENDERSON'S UNIFORMS
100-1605-7636 HENDERSON'S UNIFORMS TC Staff Uniform Hats 36030 175.85 Vendor 5367 - HENDERSON'S UNIFORMS Total: 175.85
Vendor: 6210 - HUNTINGTON TIRE & AUTO CENTER INC
100-1605-7650 HUNTINGTON TIRE & AUTO CE… Vehicle 16 Tires (4)/Alignment 56576 1,083.75 Vendor 6210 - HUNTINGTON TIRE & AUTO CENTER INC Total: 1,083.75 Vendor: 0594 - J & J SPORTS & TROPHIES
100-1605-7741 J & J SPORTS & TROPHIES Ice Packs 29294 352.80 Vendor 0594 - J & J SPORTS & TROPHIES Total: 352.80
Vendor: 6031 - JAG ENDEAVORS LLC
100-1605-7636 JAG ENDEAVORS LLC TC Staff Uniform Sweaters 1276 260.28 Vendor 6031 - JAG ENDEAVORS LLC Total: 260.28
Vendor: 5256 - KOSMONT COMPANIES
Huntington/Buena Vista Econ 2108.9-011 253.50
Dev Analysis 11/2022
100-1405-7965 KOSMONT COMPANIES
Vendor 5256 - KOSMONT COMPANIES Total: 253.50
23 Council Warrant Register By Vendor Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 2:00:16 PM Page 4 of 11
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: T4393 - LEONOR NAJERA
100-2120 LEONOR NAJERA CC Rent Deposit Refund R97468 500.00 Vendor T4393 - LEONOR NAJERA Total: 500.00
Vendor: 1927 - LEVON YOTNAKHPARIAN
100-1020-7726 LEVON YOTNAKHPARIAN CC Cablecast 12/13/2022 1082023 550.00 Vendor 1927 - LEVON YOTNAKHPARIAN Total: 550.00
Vendor: 5761 - LIFE STORAGE #530
Building Plans Storage 1/1/2023 78879 410.00
- 2/1/2023
100-1405-7800 LIFE STORAGE #530
Building Plans Storage 1/1/2023 78880 384.00
- 2/1/2023
100-1405-7800 LIFE STORAGE #530
Vendor 5761 - LIFE STORAGE #530 Total: 794.00
Vendor: 0056 - LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
100-1205-7781 LOS ANGELES COUNTY SHERIFF'…Tobacco Enforcement 11/5/2022 231580EC 202105-Contract Law Enforcem… 914.73 Vendor 0056 - LOS ANGELES COUNTY SHERIFF'S DEPARTMENT Total: 914.73 Vendor: 5355 - LUZ YESENIA PAEZ
Actual Candidate Statement R95758 -158.39
Printing
100-1010-7651 LUZ YESENIA PAEZ
Candidate Statement Printing R95758 400.00
Deposit
100-2120 LUZ YESENIA PAEZ
Vendor 5355 - LUZ YESENIA PAEZ Total: 241.61
Vendor: 0285 - MARGARET FINLAY
Actual Candidate Statement R95681 -316.78
Printing
100-1010-7651 MARGARET FINLAY
Candidate Statement Printing R95681 400.00
Deposit
100-2120 MARGARET FINLAY
Vendor 0285 - MARGARET FINLAY Total: 83.22
Vendor: 4286 - MAXTREME INC
100-1815-7980 MAXTREME INC P&R Airpods/Apple Gift Card 13649 187.62 100-1815-7980 MAXTREME INC CC Podium Power Supply 13649 20.79 100-1815-7980 MAXTREME INC City Mgr Printer Toner 13649 299.87 100-1815-8011 MAXTREME INC PS Laptop 13649 1,436.56
100-1815-8011 MAXTREME INC MacBook Pro-CMD 13650 2,016.47 100-1815-7965 MAXTREME INC IT Helpdesk 1/2023 13652 12,500.00 Vendor 4286 - MAXTREME INC Total: 16,461.31
Vendor: 6289 - PAPER RECYCLING & SHREDDING SPECIALISTS
100-1825-7980 PAPER RECYCLING & SHREDDIN… Document Shredding 534812 58.00 Vendor 6289 - PAPER RECYCLING & SHREDDING SPECIALISTS Total: 58.00 Vendor: 2466 - POST ALARM SYSTEMS
CH/Yard Alarm/Camera 1544234 173.84
Monitoring 2/1/23 - 2/28/23
100-1610-7652 POST ALARM SYSTEMS
Vendor 2466 - POST ALARM SYSTEMS Total: 173.84
Vendor: 5403 - PRONTO GYM SERVICES INC
100-1610-7652 PRONTO GYM SERVICES INC Treadmill & Eliptical Repair 21524 180.00 Vendor 5403 - PRONTO GYM SERVICES INC Total: 180.00
Vendor: 6425 - PUB CONSTRUCTION INC
City Hall ADA Improvement 3 163,139.75
Project
100-1405-8100 PUB CONSTRUCTION INC 202102-Cap Improv-CH CDBG … 100-2127 PUB CONSTRUCTION INC Retention 3 202102- Retention CDBG ADA I… -8,156.99 Vendor 6425 - PUB CONSTRUCTION INC Total: 154,982.76
Vendor: 6176 - QUADIENT LEASING USA INC
PS Postage Machine Lease N9739598 664.60
2/1/2023 - 4/30/2023
100-1825-7630 QUADIENT LEASING USA INC
Vendor 6176 - QUADIENT LEASING USA INC Total: 664.60
24 Council Warrant Register By Vendor Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 2:00:16 PM Page 5 of 11
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 6372 - R3 CONSULTING GROUP
SB1383 Implementation 122402 1,307.50
Consulting 12/2022
100-1825-7687 R3 CONSULTING GROUP
Vendor 6372 - R3 CONSULTING GROUP Total: 1,307.50
Vendor: 6293 - RODOLFO CARDENAS
100-1605-7733 RODOLFO CARDENAS SC Entertainment DJ 1/26/2023 175.00 100-1605-7733 RODOLFO CARDENAS SC Sweetheart Dance DJ 2/10/2023 175.00 Vendor 6293 - RODOLFO CARDENAS Total: 350.00
Vendor: 6088 - SAN GABRIEL VALLEY HUMANE SOCIETY
100-1205-7780 SAN GABRIEL VALLEY HUMANE …Animal Shelter Services 1/2023 1/2023D 5,166.67 Vendor 6088 - SAN GABRIEL VALLEY HUMANE SOCIETY Total: 5,166.67 Vendor: 0202 - SHAFFER AWARDS
Tera Martin Del Campo Name 7075 85.66
Plate
100-1610-7618 SHAFFER AWARDS
Vendor 0202 - SHAFFER AWARDS Total: 85.66
Vendor: 0209 - SMART & FINAL
100-1605-7740 SMART & FINAL Winter Day Camp Supplies 0067 21.26 100-1605-7733 SMART & FINAL SC New Years Brunch Supplies 0412 193.47 100-1610-7618 SMART & FINAL Janitorial Supplies 0413 339.14 100-1605-7735 SMART & FINAL TC Snack Bar Supplies 0383 105.01 Senior Ctr Excursion 0118 146.01
Snacks/Water/Activity Snacks
100-1605-7733 SMART & FINAL
100-1610-7618 SMART & FINAL Senior Ctr Coffee Supplies 0119 304.08 Vendor 0209 - SMART & FINAL Total: 1,108.97
Vendor: 2277 - SOUTHERN CALIFORNIA MUNICIPAL ATHLETIC FEDERATION 100-1605-7612 SOUTHERN CALIFORNIA MUNIC…2023 Membership (4) 89651 145.00 Vendor 2277 - SOUTHERN CALIFORNIA MUNICIPAL ATHLETIC FEDERATION Total: 145.00 Vendor: 0220 - SOUTHERN CALIFORNIA NEWS GROUP
100-1010-7670 SOUTHERN CALIFORNIA NEWS … Legal Advertising 12/2022 556776 2,069.67 Vendor 0220 - SOUTHERN CALIFORNIA NEWS GROUP Total: 2,069.67 Vendor: 2688 - STAPLES ADVANTAGE
100-1205-7980 STAPLES ADVANTAGE Office Supplies 3527085190 264.58 100-1825-7614 STAPLES ADVANTAGE 2022 1099 Forms/Envelopes 3527706848 133.14 Vendor 2688 - STAPLES ADVANTAGE Total: 397.72
Vendor: 6343 - STUBBIES PROMOTIONS INC
100-1020-7980 STUBBIES PROMOTIONS INC Annual Awards Gift 22395 2,160.23 Vendor 6343 - STUBBIES PROMOTIONS INC Total: 2,160.23
Vendor: 3661 - SUPERIOR CT OF CAL CO OF LOS ANGELES
100-1205-7761 SUPERIOR CT OF CAL CO OF LOS…Citation Revenue Tax 12/2022 1092023 6,418.50 Vendor 3661 - SUPERIOR CT OF CAL CO OF LOS ANGELES Total: 6,418.50 Vendor: 5307 - SUPERIOR PROPERTY SERVICES INC
100-1410-7814 SUPERIOR PROPERTY SERVICES …Graffiti Removal 12/2022 17686 3,920.94 Vendor 5307 - SUPERIOR PROPERTY SERVICES INC Total: 3,920.94 Vendor: 6457 - TERA MARTIN DEL CAMPO
Actual Candidate Statement R95682 -149.39
Printing
100-1010-7651 TERA MARTIN DEL CAMPO
Candidate Statement Printing R95682 200.00
Deposit
100-2120 TERA MARTIN DEL CAMPO
Vendor 6457 - TERA MARTIN DEL CAMPO Total: 50.61
Vendor: 5029 - THE TECHNOLOGY DEPOT INC
100-1815-7830 THE TECHNOLOGY DEPOT INC Mitel Maintenance 2/2023 20278 422.00 Cloud Connect SIP & E911 20279 316.25
Bundle 2/2023
100-1815-7830 THE TECHNOLOGY DEPOT INC
Telephone Cloud Connect 20280 593.90
2/2023
100-1815-7830 THE TECHNOLOGY DEPOT INC
SD Wan w/VELO Cloud Connect 20282 567.60
2/2023
100-1815-7830 THE TECHNOLOGY DEPOT INC
25 Council Warrant Register By Vendor Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 2:00:16 PM Page 6 of 11
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount 100-1815-7821 THE TECHNOLOGY DEPOT INC VITA Mgmt 2/2023 20283 553.00 100-1815-7821 THE TECHNOLOGY DEPOT INC Contract Increase 2/2023 20356 55.30 100-1815-7830 THE TECHNOLOGY DEPOT INC Contract Increase 2/2023 20356 42.20 100-1815-7830 THE TECHNOLOGY DEPOT INC Contract Increase 2/2023 20356 85.14 100-1815-7830 THE TECHNOLOGY DEPOT INC Contract Increase 2/2023 20356 59.39 Vendor 5029 - THE TECHNOLOGY DEPOT INC Total: 2,694.78
Vendor: 5581 - THOMSON REUTERS-WEST PUBLISHING CORP
EOC Software 12/1/2022 - 847605613 187.49
12/31/2022
100-1205-7655 THOMSON REUTERS-WEST PUB…
Vendor 5581 - THOMSON REUTERS-WEST PUBLISHING CORP Total: 187.49 Vendor: 4751 - TOM'S CLOTHING & UNIFORMS INC
100-1205-7636 TOM'S CLOTHING & UNIFORMS …CSO F Carrillo Uniforms 21728 85.98 Vendor 4751 - TOM'S CLOTHING & UNIFORMS INC Total: 85.98 Vendor: 4484 - U.S. BANK
Public Safety Meeting 12/20/22 12262022BV 112.45
(Max's)
100-1205-7610 U.S. BANK
City of Hope Active Shooter 12262022BV 64.44
Meeting (Mikomi Sushi)
100-1205-7610 U.S. BANK
City of Hope Active Shooter 12262022BV 47.30
Meeting (Mikomi Sushi)
100-1205-7610 U.S. BANK
Meeting w/Sergeant Fiedler 12262022BV 35.17
12/13/22 (Thai Spices)
100-1205-7610 U.S. BANK
100-1205-7610 U.S. BANK Office Meeting Supplies (Target) 12262022BV 85.02 100-1205-7614 U.S. BANK Office Supplies (Amazon) 12262022BV 29.13 CERT Holiday Raffle Prizes 12262022BV 200.00
(Target)
100-1205-7615 U.S. BANK
CERT Holiday Candy/Cups 12262022BV 93.91
(Target)
100-1205-7615 U.S. BANK
Larry Breceda Uniform Jacket 12262022BV 101.71
(FSP Designs)
100-1205-7636 U.S. BANK
100-1205-7779 U.S. BANK DART Events Water (Target) 12262022BV 14.37 DART Nature Walk 12/3/22 (In- 12262022BV 60.86
N-Out)
100-1205-7779 U.S. BANK
DART Big Bear Trip Lodging (Air 12262022BV 1,876.11
BnB)
100-1205-7779 U.S. BANK
DART Meeting 12/17/22 (Little 12262022BV 41.29
Caesars)
100-1205-7779 U.S. BANK
100-1205-7779 U.S. BANK DART Trip 12/1/22 (LA Zoo) 12262022BV 819.00 DART Holiday in the Park (Sweet 12262022BV 95.00
Basil Pizza)
100-1205-7779 U.S. BANK
DART Toy Drive Dinner (Little 12262022BV 57.80
Caesars)
100-1205-7980 U.S. BANK
DART Toy Drive Dinner 12262022BV 55.05
(Tropicana Market)
100-1205-7980 U.S. BANK
Stuff a Patrol Car Event 12/17/22 12262022BV 47.03
(Tops)
100-1205-7980 U.S. BANK
Toy Drive Dinner (Max's Mexican 12262022BV 131.64
Cuisine)
100-1205-7980 U.S. BANK
CSO/AC Interviews 12/19/22 12262022BV 34.03
(The Habit Burger)
100-1205-7980 U.S. BANK
Vendor 4484 - U.S. BANK Total: 4,001.31
Vendor: 1304 - US BANK
1999 TAB Trustee Fees 12/1/22 - 6775157 1,490.00
11/30/23
100-1825-7782 US BANK
Vendor 1304 - US BANK Total: 1,490.00
Fund 100 - GENERAL FUND Total: 307,682.54
26 Council Warrant Register By Vendor Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 2:00:16 PM Page 7 of 11
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Fund: 220 - GAS TAX FUN
Vendor: 6380 - ONYX PAVING COMPANY INC
Retention-2021/2022 Trench 22-047-R 4,658.50
Repair
220-2127 ONYX PAVING COMPANY INC 202209/Retention-Annual Tren… Vendor 6380 - ONYX PAVING COMPANY INC Total: 4,658.50
Vendor: 5887 - WGJ ENTERPRISES INC
Retention-Annual Striping 11003C-RET 2,345.49
Project
220-2127 WGJ ENTERPRISES INC 202210/220-2127-Traffic/Street… Vendor 5887 - WGJ ENTERPRISES INC Total: 2,345.49
Fund 220 - GAS TAX FUN Total: 7,003.99
Fund: 225 - SB-1, Road Maintenance/Rehab Fund
Vendor: 5873 - ELIE FARAH INC
Street Rehabilition Engineering 1-DUA22-15 20,825.00
8/3/22 - 1/9/23
225-2250-8100 ELIE FARAH INC 202306/225-2250-8100-Other … Vendor 5873 - ELIE FARAH INC Total: 20,825.00
Fund 225 - SB-1, Road Maintenance/Rehab Fund Total: 20,825.00 Fund: 240 - LIGHTING AND LANDSCAPE DISTRICT FUND
Vendor: 3889 - BRIGHTVIEW LANDSCAPE SERVICES INC
240-2410-7915 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 10,537.29 240-2410-7917 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 6,807.23 240-2410-7917 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 681.41 240-2420-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 484.95 240-2421-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 1,826.50 240-2422-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 675.21 240-2423-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 1,264.50 240-2424-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 772.75 240-2425-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 562.00 240-2426-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 252.90 240-2427-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 885.61 240-2431-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 1,124.00 240-2432-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 1,173.18 240-2433-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 744.65 240-2434-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 498.78 240-2435-7914 BRIGHTVIEW LANDSCAPE SERVI…Landscape Maintenance 1/2023 8217501 702.50 Vendor 3889 - BRIGHTVIEW LANDSCAPE SERVICES INC Total: 28,993.46 Vendor: 4686 - CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 240-2405-7888 CONSOLIDATED ELECTRICAL DIS…Citywide Street Light Supplies 3301-1009434 1,122.65 Vendor 4686 - CONSOLIDATED ELECTRICAL DISTRIBUTORS INC Total: 1,122.65 Vendor: 1997 - COUNTY OF LOS ANGELES AGRIC COMMR/WTS & MEASURES Gopher Control-Turf Trail 230980 94.14
11/2022
240-2410-7662 COUNTY OF LOS ANGELES AGRI…
Vendor 1997 - COUNTY OF LOS ANGELES AGRIC COMMR/WTS & MEASURES Total: 94.14 27 Council Warrant Register By Vendor Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 2:00:16 PM Page 8 of 11
Account Number Vendor Name Description (Item) Payable Number Project Account Key Amount Vendor: 1521 - WEST COAST ARBORISTS INC
240-2410-7906 WEST COAST ARBORISTS INC Stump Removal @ City Hall 194562 526.80 Vendor 1521 - WEST COAST ARBORISTS INC Total: 526.80
Fund 240 - LIGHTING AND LANDSCAPE DISTRICT FUND Total: 30,737.05 Fund: 260 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Vendor: 6425 - PUB CONSTRUCTION INC
260-2127 PUB CONSTRUCTION INC Retention 3 202102-Retention-CDBG ADA I… -7,601.78 260-2605-8062 PUB CONSTRUCTION INC City Hall ADA Project 11/2022 3 202102-Exp-CDBG ADA Improv… 152,035.56 Vendor 6425 - PUB CONSTRUCTION INC Total: 144,433.78
Fund 260 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Total: 144,433.78 Fund: 440 - PROPOSITION A TRANSIT FUND
Vendor: 5307 - SUPERIOR PROPERTY SERVICES INC
440-4405-7814 SUPERIOR PROPERTY SERVICES …Graffiti Removal 12/2022 17686 811.41 Vendor 5307 - SUPERIOR PROPERTY SERVICES INC Total: 811.41 Fund 440 - PROPOSITION A TRANSIT FUND Total: 811.41
Fund: 470 - MEASURE R LR TRANSIT FUND
Vendor: 6341 - DASH CONSTRUCTION COMPANY INC
Retention-2021/2022 Concrete 3 4,497.92
Repair
470-2127 DASH CONSTRUCTION COMPA… 202208/470-2127 Citywide Sid… Vendor 6341 - DASH CONSTRUCTION COMPANY INC Total: 4,497.92 Fund 470 - MEASURE R LR TRANSIT FUND Total: 4,497.92
Fund: 620 - COMMUNITY IMPROVEMENT FUND
Vendor: 6236 - TOWO ENTERPRISE INC
620-2127 TOWO ENTERPRISE INC Retention 5 202106-Retention-620-2127-Hi… -1,465.00 Duarte Rd Sidewalk/Ped Lighting 5 3,693.21
Improvements
620-6225-8100 TOWO ENTERPRISE INC 202106-Other Cap-620-6225-Hi… Duarte Rd Sidewalk/Ped Lighting 5 25,606.93
Improvements
620-6225-8100 TOWO ENTERPRISE INC 202106-Other Cap-620-6225-Hi… Retention-Street & Ped Light Retention 24,613.97
Improvements
620-2127 TOWO ENTERPRISE INC 202106-Retention-620-2127-Hi… Vendor 6236 - TOWO ENTERPRISE INC Total: 52,449.11
Fund 620 - COMMUNITY IMPROVEMENT FUND Total: 52,449.11
Fund: 681 - Former RDA Low-Mod Income Housing Asset Fund Vendor: 6175 - HARRIS & ASSOCIATES
FY22 SB341 Report 11/27/22 - 55719 202.50
12/31/22
681-6815-7965 HARRIS & ASSOCIATES
Vendor 6175 - HARRIS & ASSOCIATES Total: 202.50
Fund 681 - Former RDA Low-Mod Income Housing Asset Fund Total: 202.50 Grand Total: 568,643.30
28 Council Warrant Register By Vendor Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 2:00:16 PM Page 9 of 11
Report Summary
Fund Summary
Fund Payment Amount
100 - GENERAL FUND 307,682.54
220 - GAS TAX FUN 7,003.99
225 - SB-1, Road Maintenance/Rehab Fund 20,825.00
240 - LIGHTING AND LANDSCAPE DISTRICT FUND 30,737.05
260 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 144,433.78 440 - PROPOSITION A TRANSIT FUND 811.41
470 - MEASURE R LR TRANSIT FUND 4,497.92
620 - COMMUNITY IMPROVEMENT FUND 52,449.11
681 - Former RDA Low-Mod Income Housing Asset Fund 202.50 Grand Total: 568,643.30
Account Summary
Account Number Account Name Payment Amount
100-1010-7651 Election Services 0.00
100-1010-7670 Legal Notices 2,069.67
100-1010-7685 Technology Services 450.00
100-1020-7716 Special Community Events 58.61
100-1020-7724 Post Office Parking 161.58
100-1020-7726 Council Cablecasting 550.00
100-1020-7980 Other Expenses 3,285.23
100-1205-7610 Travel, Mtgs & Conf 369.37
100-1205-7614 Office Supplies 47.48
100-1205-7615 Emergency Supplies 293.91
100-1205-7636 Uniforms 187.69
100-1205-7655 Emergency Services 187.49
100-1205-7761 Parking Ticket Collect 6,418.50
100-1205-7762 Parking Pass Kiosk Costs 573.10
100-1205-7779 Youth Programs 4,003.23
100-1205-7780 Animal Control 5,166.67
100-1205-7781 Contract Law Enforcement 914.73
100-1205-7782 Crossing Guard Contract … 14,062.03
100-1205-7980 Other Expenses 14,005.42
100-1405-7800 Building Department Serv… 794.00
100-1405-7965 Professional Services 253.50
100-1405-8100 Other Capital Improveme… 163,139.75
100-1410-7814 Graffiti Removal 3,920.94
100-1415-7889 Repairs-Sports Park 29,410.22
100-1415-7916 Landscape-Sport Park 2,009.15
100-1605-7612 Publications and Dues 315.00
100-1605-7636 Uniforms 436.13
100-1605-7650 Vehicle Maintenance 1,083.75
100-1605-7730 Special Events 24.18
100-1605-7733 Senior Center 2,310.32
100-1605-7735 Teen Center 320.19
100-1605-7736 Youth & Adult Recreation… 39.38
100-1605-7740 Day Camps 21.26
100-1605-7741 Sports/Playground Progr… 352.80
100-1605-7980 Other Expenses 36.35
100-1610-7618 Building Supplies 728.88
100-1610-7636 Uniforms 26.36
100-1610-7652 Building Maint Services 5,262.48
100-1810-7672 Neogov Program Costs 6,216.26
100-1810-7980 Other Expenses 292.00
100-1815-7632 Software Maintenance 1,260.00
100-1815-7821 Personal Computer Suppo… 608.30
100-1815-7830 Telephones 2,086.48
100-1815-7965 Professional Services 12,500.00
29 Council Warrant Register By Vendor Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 2:00:16 PM Page 10 of 11
Account Summary
Account Number Account Name Payment Amount
100-1815-7980 Other Expenses 508.28
100-1815-8011 Computer Equipment (Cap… 3,453.03
100-1820-7771 Repair Of City Property 15,900.00
100-1825-7614 Office Supplies 133.14
100-1825-7630 Equipment Lease 664.60
100-1825-7687 Waste Mgmt Services 1,307.50
100-1825-7782 Admin Support of Debt Se… 1,490.00
100-1825-7945 Operation Of Acq Prop 58.55
100-1825-7980 Other Expenses 58.00
100-2012 Green Building Fees Payab… 286.00
100-2013 Strong Motions Fees Paya… 1,449.80
100-2120 Refundable Deposits 2,250.00
100-2122 Disability Access & Educ P… 122.80
100-2127 Retention Payable -8,156.99
100-4404 Other Building Rentals 70.00
100-4408 Property Rental 1,924.53
100-5004 Other Revenue -101.09
100-5005 Taxable Sales 12.00
220-2127 Retention Payable 7,003.99
225-2250-8100 Other Capital Improveme… 20,825.00
240-2405-7888 Repairs-Citywide 1,122.65
240-2410-7662 Other Serv-Citywide 94.14
240-2410-7906 Tree Trim-Citywide 526.80
240-2410-7915 Landscape-Citywide 10,537.29
240-2410-7917 Landscape-Medians 7,488.64
240-2420-7914 Landscape Maintenance 484.95
240-2421-7914 Landscape Maintenance 1,826.50
240-2422-7914 Landscape Maintenance 675.21
240-2423-7914 Landscape Maintenance 1,264.50
240-2424-7914 Landscape Maintenance 772.75
240-2425-7914 Landscape Maintenance 562.00
240-2426-7914 Landscape Maintenance 252.90
240-2427-7914 Landscape Maintenance 885.61
240-2431-7914 Landscape Maintenance 1,124.00
240-2432-7914 Landscape Maintenance 1,173.18
240-2433-7914 Landscape Maintenance 744.65
240-2434-7914 Landscape Maintenance 498.78
240-2435-7914 Landscape Maintenance 702.50
260-2127 Retention Payable -7,601.78
260-2605-8062 ADA Improvements 152,035.56
440-4405-7814 Graffiti Removal 811.41
470-2127 Retention Payable 4,497.92
620-2127 Retention Payable 23,148.97
620-6225-8100 Other Capital Improveme… 29,300.14
681-6815-7965 Professional Services 202.50
Grand Total: 568,643.30
Project Account Summary
Project Account Key Payment Amount
**None** 152,268.39
202102- Retention CDBG ADA Improvement -8,156.99
202102-Cap Improv-CH CDBG ADA Improvement 163,139.75
202102-Exp-CDBG ADA Improvement 152,035.56
202102-Retention-CDBG ADA Improv Project -7,601.78
202105-Contract Law Enforcement 914.73
202105-Other Exp-Tobacco Grant 13,384.54
202106-Other Cap-620-6225-Highland Promenade-Msr M 29,300.14 202106-Retention-620-2127-Highland Promenade-Msr M 23,148.97 30 Council Warrant Register By Vendor Payment Dates: 1/12/2023 - 1/25/2023 1/19/2023 2:00:16 PM Page 11 of 11
Project Account Summary
Project Account Key Payment Amount
202208/470-2127 Citywide Sidewalk Project FY21-22 4,497.92 202209/Retention-Annual Trench RepairFY21-22 4,658.50
202210/220-2127-Traffic/Street Striping FY21-22 2,345.49 202306/225-2250-8100-Other Cap-FY23 St Rehab 20,825.00
250004 - Property Rent - Nextel Rent (Otis Gordon) 1,924.53 250016-Oper of Acq Prop-1229 Pops Road 58.55
DMGE077-Light Pole Down-Opposite 1210 Hunt/Median 15,900.00 Grand Total: 568,643.30
31 PUBLIC SAFETY

STATUS REPORT
January 2023

PROJECT/PROGRAM STATUS
L.A. COUNTY SHERIFF’S DEPARTMENT

1. Part 1 Crimes
End of Year 2022

We ended 2022 up 6.23% in Part 1 Crimes compared to the previous year.

That was a total of 26 more crimes then in the year 2021. Commercial and residential burglary related crimes accounted for most of the increase followed by theft related crimes.

2. Part 1 Crimes 2023 We have started off the year down 16.67% in Part 1 Crimes.

Public Safety’s goal is to increase our neighborhood watch meetings and to visit all of the businesses on Hunting Drive to offer advice on keeping their businesses safe and secure.

MEASURE H and OUTREACH COORDINATION

1. Outreach
Coordinator
Outreach Coordinator Tony Hadloc has been assigned to this position since August, 2018. Tony’s unofficial homeless count for the month is 21.

Code Enforcement Officer Emily Lepone began her assignment on October 3, 2022. She has been enforcing shopping cart and property in the public right of way violations.

2. L.A. CADA The L.A. CADA high acuity team (homeless for longer than one year) started working every Tuesday in the City of Duarte on August 2, 2022.

The L.A. CADA supplemental program (recently homeless or at risk of being homeless) began working in the City on Thursday, September 22, 2022.

3. 2022 LAHSA
Official Homeless
Count
Duarte – 11 (25 in 2020)
Monrovia – 76 (77 in 2020)
Arcadia – 174 (106 in 2020)
Irwindale – 213 (7 in 2020)
Azusa – 220 (243 in 2020)

EMERGENCY PREPAREDNESS

1. Emergency
Operations Center
On Sunday, June 12, 2022, the EOC was activated for the Fish Fire. No damage to property was noted and the fire was extinguished by L. A.

County Fire and the U.S. Forestry Department. An emergency was declared by order of a City Council Resolution on June 14, 2022. That declaration of emergency will remain active pending debris flow mitigation efforts. This emergency will be terminated by City Council Resolution on January 24, 2023.

The Emergency Operations Center has been operating remotely while monitoring COVID-19 operations. As of now, there is still no end date for COVID-19 operations or the declared emergency. Governor Newsome announced that the State of California will end their emergency on 32 2

PROJECT/PROGRAM STATUS
February 28, 2023. We will continue to monitor that date and work with Area D, surrounding cities, and staff to determine the City of Duarte’s possible end date.

On January 10, 2023, City Council adopted Resolution No. 23-01 declaring a local emergency due to severe winter storms. This emergency will remain in effect through the clean-up and mitigation phase in preparation for additional storms.
33 34
35 1
City of Duarte
Personnel Rules and Regulations
SECTION 1. INTRODUCTION
These Personnel Rules and Regulations set forth basic guidelines for the management and administration of personnel employed by the City of Duarte (the “City”). Other pertinent documents include current memoranda of understanding (“MOUs”) with employee bargaining units, compensation resolutions, and any Department rules, regulations, and procedures. Employees seeking information regarding matters such as grievances that are not addressed in the Rules are encouraged to consult those other documents. Copies of such documents are available from the City’s Human Resources Office.

SECTION 2. GENERAL PROVISIONS
A. Applicability of Rules. The provisions of these rules and regulations will apply to all offices, positions, and employments in Classified Service of the City B. Violation of Rules. Violations of the provisions of these rules, regulations, and procedures may be addressed as a performance matter and be grounds for disciplinary action. A violation will not make disciplinary action mandatory but will be given such weight as the City determines to be appropriate in view of all the circumstances.

C. Amendment and Revision of Rules. Amendment and revisions of these rules may be made by resolution of the City Council. The re-publication of this document or other written notification will be made generally available to employees.

D. Prior Policies Repealed. If the terms and provisions of these Personnel Rules are inconsistent or in conflict with the terms and provisions of any prior City Personnel Rules, resolutions, regulations, and/or policies governing the same subject, the terms of these Personnel Rules will prevail and such inconsistent or conflicting provisions or prior rules, resolutions, regulations, and/or policies are hereby repealed.

E. Employee Responsibility. It will be the responsibility of each employee to become aware and be knowledgeable of these Personnel Rules.

F. Distribution of Personnel Rules. A copy of these Personnel Rules will be distributed to each City employee. Newly hired employees will receive a copy upon hire. An employee with questions about these Personnel Rules may direct them to Human Resources.

G. Relationship with Administrative and Department Policies. The City Manager or individual City Department Heads may develop and administer supplemental written department policies and procedures as deemed necessary for the efficient, safe and orderly administration of the City or department. However, no such policies or procedures will conflict with or supersede these Personnel Rules, other Council resolutions and ordinances, or existing laws, and must be submitted for and receive approval by Human Resources and the City Manager before their implementation. Copies of department policies and procedures must be distributed to each affected employee, to Human 36 City of Duarte
Personnel Rules and Regulations
2 Resources, and to the City Manager. In the event of a conflict between an administrative or departmental policy or procedure, the provision of these Personnel Rules will control.

H. Relationship with Labor Agreements. If any provision of these Personnel Rules conflicts with any lawful provision within a memorandum of understanding duly agreed upon between a recognized employee organization and the City, the provision of the memorandum of understanding shall govern. In all other cases, these Rules shall apply.

I. Not an Employment Contract. None of these Personnel Rules shall be deemed to create a vested contractual right for any employee.

J. General Delegation of Authority. Except as otherwise provided, any duties, responsibilities, powers, and authority granted by these Personnel Rules or the Personnel Ordinance to the Personnel Officer, Appointing Authority, or Department Heads, may be delegated, in writing, to any qualified employee at the discretion of the delegating individual.

K. City Manager Authority to Interpret and Delegate. The City Manager is authorized to issue written guidelines to implement and enforce these rules and regulations, and to make adjustments to avoid or eliminate inequities resulting from its application. Such guidelines shall have the City’s best interests as their paramount concern, and shall be consistent with applicable state and federal guidelines. The City Manager may delegate any of the powers and duties conferred upon the City Manager as the Personnel Officer to any other officer or employee of the City or may recommend that such powers and duties shall be performed under contract.

L. Changes to the Law. When any local, state, or federal ordinance, regulation, or law that is incorporated in the Personnel Rules or upon which the Personnel Rules rely is amended through legislative or regulatory action or is deemed to have been amended by judicial decision, the Personnel Rules shall be deemed amended in conformance with those amendments.

M. Severability. If any article, section, subsection, sentence, clause, or phrase of the Personnel Rules is found to be illegal by a court of competent jurisdiction, such findings shall not affect the validity of the remaining portions of the Personnel Rules.

SECTION 3. DEFINITIONS
The following terms as used in these Personnel Rules shall, unless the context clearly indicates otherwise, have the following meanings:

A. ACTING APPOINTMENT. A temporary appointment of an employee who possesses at least the minimum qualifications established for a particular class and who is appointed to a position in that class.

B. ADVANCEMENT. A salary increase within the limits of a pay range established for a class.

C. ALLOCATION. The assignment of a single position to its proper class in light of the duties performed, and the authority and responsibilities exercised. 37 City of Duarte
Personnel Rules and Regulations
3 D. ANNIVERSARY DATE. The date of an employee’s most recent appointment.

E. APPOINTING AUTHORITY or APPOINTING POWER. The City Manager is the Appointing Authority for all City employees, except for all positions for which appointing authority is reserved by the City Council by ordinance.

F. APPOINTMENT. The offer to, and acceptance by, an individual for employment with the City.

G. BUSINESS DAY. A day that the Duarte City Hall is open for business.

H. CITY. The City of Duarte.

I. CITY COUNCIL. The City Council of the City of Duarte.

J. CITY MANAGER. The City Manager of the City of Duarte, or the City Manager’s designee.

K. CLASS. All positions sufficiently similar in duties, authority, responsibility, and working conditions to permit grouping under a common title and the application with equity of common standards of selection, transfer, promotion, and salary.

L. CLASSIFIED EMPLOYEE. A full-time or three-quarter-time employee whose office, position, or employment is in the Classified Service.

M. CLASSIFIED SERVICE or CITY SERVICE or MERIT SYSTEM. The offices, positions and employments in the service of the City which are included or which may hereafter be included under the Classified Service system by ordinance except the following: elected officers; members of appointed boards, commissions, or committees; the City Manager; the City Attorney and any assistants or deputies to the City Attorney; persons engaged under contract to supply expert, professional, or technical services for a definite period of time; volunteer personnel who receive no regular compensation from the City; part-time and temporary employees; and emergency employees who are hired to meet the immediate requirements of an emergency condition.

N. CONTINUOUS SERVICE. Employment with the City without break or interruption. No leave of absence, whether with or without pay, shall be construed as a break or interruption in employment if the employee returns to work within 120 days (unless otherwise required by law).

O. DATE OF HIRE. The date that an employee was originally hired by the City. An employee’s date of hire does not change except through new City employment following termination, resignation, or retirement.

P. DAY or DAYS. Calendar day(s) unless otherwise stated.

Q. DEMOTION. The movement of an employee from one class to another class having a lower maximum rate of pay.

R. DEPARTMENT HEAD. The individual designated as the administrative head of a City department.
38 City of Duarte
Personnel Rules and Regulations
4 S. DISCIPLINE: The punishment of an employee by written reprimand, demotion, suspension, reduction of pay, termination, or other punitive measures.

T. ELIGIBLE. A person whose name is on an employment list.

U. EMERGENCY APPOINTMENT. An appointment of a non-employee who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class on a temporary basis by a Department Head during an emergency condition.

V. EMPLOYMENT LIST. A list of names of persons who have taken an examination for a class in the Classified Service and have qualified for a position in that class. An employment list may or may not be established, in the discretion of the City.

1. Open-Competitive Employment List. A list of names of persons who have taken an open-competitive examination for a class in the Classified Service and have qualified for a position in that class.

2. Promotional/Internal Employment List. A list of names of persons who have taken a promotional examination for a class in the Classified Service and have qualified for a position in that class.

W. EXAMINATION.

1. Open-Competitive Examination. An examination for a particular class that is open to all persons meeting the qualifications for the class.

2. Promotional/Internal Examination. An examination for a particular class, admission to the examination being limited to current City employees who meet the qualifications for the class.

X. EXEMPT EMPLOYEES. Employees whose duties and responsibilities allow them to be “exempt” from overtime and minimum wage provisions as provided by the Fair Labor Standards Act (FLSA) and any applicable state wage and hour laws.

Y. FULL-TIME POSITION. A budgeted position in which an employee of the City is regularly scheduled to work at least 40 hours per workweek.

Z. JOB FAMILY: A group of job functions that involve work in the same general occupation.

These jobs have related knowledge requirements, skill sets, and abilities. For example, Maintenance Supervisor and Maintenance Worker are in the Maintenance job family, while a Recreation Leader and Recreation Supervisor are in the Recreation job family.

AA. LAYOFF. The separation of classified employees from the active work force due to lack of work or funds or to abolishment of a position, by the City Council, or due to organizational changes.

BB. NON-EXEMPT EMPLOYEE. Employees who are entitled to overtime compensation under the provisions of the FLSA.
39 City of Duarte
Personnel Rules and Regulations
5 CC. PART-TIME/HOURLY EMPLOYEE. Employees, who work an average of less than 20 hours per week, or fewer than 1,000 hours per year, are considered part-time/hourly employees. Part-time/Hourly employees are excluded from the Classified Service, are hired by, and serve at the will of, the City Manager. They may be terminated from employment at any time, without notice, cause, or appeal. Part-time employees are not covered by these personnel rules.

DD. PERSONNEL OFFICER. The City Manager or authorized designee. Any designation of Personnel Officer powers must be approved by the City Council, in accordance with Section 2302 of the Duarte Municipal Code.

EE. PROBATIONARY PERIOD. A working test period during which an employee is required to demonstrate the ability to perform the duties of the position and is subject to termination with or without cause. The probationary period of all employees shall last for at least 12 months, and can be extended as provided in these Rules.

FF. PROMOTION. The movement of an employee from one position to another position with a higher maximum rate of pay.

GG. PROMOTIONAL PROBATIONARY PERIOD. A working test period during which a promoted employee is required to demonstrate the promoted employee’s ability to perform the duties of the new position. The probationary period of all employees shall last for at least 6 months, and can be extended as provided in these Rules.

HH. PROVISIONAL APPOINTMENT. An appointment of a non-employee who possesses the minimum qualifications established for a particular class and who has been appointed to a position by the City Manager in that class on a temporary basis.

II. REDUCTION IN PAY. A temporary or permanent lowering of an employee’s rate of pay.

JJ. REGULAR EMPLOYEE. An employee who has completed the probationary period and is occupying a budgeted position established on a continuing basis.

KK. REINSTATEMENT: The discretionary restoration without examination of a former regular or probationary employee to a position in a classification in which the employee formerly served.

LL. REPRIMAND. A written notification to an employee regarding a censure made as a disciplinary action.

MM. RESIGNATION. The voluntary termination of employment by an employee.

NN. RETIRED ANNUITANT. A person who has retired from a public agency that is a contracting agency of the California Public Employee Retirement System (“CalPERS”) or another public retirement system with statutory and/or regulatory constraints on working after retirement. Any retired annuitant employed by the City must meet the applicable statutory and/or regulatory requirements for the temporary employment of retired annuitants without triggering reinstatement to active City employment.

OO. SUSPENSION. The temporary separation, without pay, from service of an employee for disciplinary purposes.
40 City of Duarte
Personnel Rules and Regulations
6 PP. TEMPORARY EMPLOYEE. An employee who is appointed for a limited period of time for a specified, limited purpose. Temporary employees are excluded from the classified service, serve at the will of the Appointing Authority, and may be terminated without cause and without hearing or right of appeal. Temporary employees are not covered by these personnel rules.

QQ. TERMINATION/TERMINATE. The permanent separation of an employee from the City service.

RR. THREE-QUARTER TIME EMPLOYEES. A type of regular employee who works an average of 30-39 hours per week.

SS. TRANSFER. Change of an employee from one position to another position in the same class, or from one class to another class having the same maximum rate of pay and having similar duties and basic qualifications.

TT. VACANCY. An unfilled budgeted position in the City of Duarte.

SECTION 4. EQUAL EMPLOYMENT OPPORTUNITY/ DIVERSITY,

EQUITY, AND INCLUSION
A. Equal Employment Opportunity. Equal employment opportunity shall be accorded to all persons regardless of their race, religious creed, color, national origin, ancestry, sex, age over 40, physical or mental disability, medical condition, pregnancy (including childbirth and related medical conditions or disabilities), sexual orientation, marital status, gender identity, gender expression, genetic characteristics or information, military or veteran’s status, reproductive health decision making, and/or any other category protected by federal and/or state law. Employees who believe they have experienced any form of employment discrimination are encouraged to report this immediately, using the complaint procedure provided in the City’s policy prohibiting harassment, discrimination, and retaliation.

B. Policy Against Harassment, Discrimination and Retaliation. City policy prohibits unlawful harassment and discrimination based on an employee’s race, religious creed, color, national origin, ancestry, sex, age, physical or mental disability, medical condition, sexual orientation, marital status, gender identity, gender expression, genetic characteristics or information, military and veteran’s status, reproductive health decision making and/or any other category protected by federal and/or state law. In addition, City policy prohibits retaliation because of the employee’s opposition to a practice the employee reasonably believes to constitute employment discrimination or harassment or because of the employee’s participation in an employment investigation, proceeding, or hearing.

Employees who believe they have been harassed, discriminated against, or retaliated against, should report that conduct to the City, and the City will investigate those complaints. For more information regarding the policy and complaint procedures, employees should review the City’s policy against harassment, discrimination, and retaliation for additional information.

C. Disabled Applicants and Employees. The City has a commitment to ensure equal opportunities for disabled applicants and City employees. Every reasonable effort will be made to provide an accessible work environment for such employees and applicants. 41 City of Duarte
Personnel Rules and Regulations
7 Employment practices (e.g., hiring, training, testing, transfer, promotion, compensation, benefits, and discharge) will not discriminate unlawfully against disabled applicants or employees. The City provides employment-related reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act ("FEHA") and the Americans with Disabilities Act ("ADA").

1. Request for Accommodation. An applicant or employee who desires a reasonable accommodation in order to perform essential job functions should make such a request in writing to Human Resources. The request must identify: a) the jobrelated functions at issue; and b) the desired accommodation(s). Reasonable accommodation can include, but is not limited to job restructuring, reassignment to a vacant position for which the employee is qualified, and making facilities accessible. In accordance with applicable law, the City may permit use of accrued leave or authorize a temporary unpaid leave as a reasonable accommodation, if such leave is reasonably expected to result in the employee’s return to work, with or without additional reasonable accommodation.

2. Reasonable Documentation of Disability. Following receipt of the request, the Administrative Services Department may require additional information, such as reasonable documentation of the existence of a disability or additional explanation as to the effect of the disability on the employee’s ability to perform the employee’s essential functions, but will not require disclosure of diagnosis or genetic history.

3. Interactive Process. The City will engage in the interactive process, as defined by the FEHA and ADA, to determine whether an applicant or employee is able to perform the essential functions of the position sought or currently held. During this process, the City will examine potential reasonable accommodations that will make it possible for the employee or applicant to so perform. Such interactive process will include a meeting with the employee or applicant, the City, their representatives (if any), and, if necessary, the employee or applicant’s health care provider.

4. Case-by-Case Determination. The City determines, in its sole discretion, whether reasonable accommodations(s) can be made, and the type of reasonable accommodations(s) to provide. The City will not provide an accommodation that would pose an undue hardship upon the City or that is not required by law. The City will inform the employee of any decisions made under this section in writing.

5. Fitness for Duty Leave. While the City is engaged in the interactive process with an employee, the City may require that the employee be placed on a fitness for duty leave in accordance with Section 10.

D. Accommodation for Sincerely Held Religious Belief. The City will make reasonable accommodations to the known sincerely held religious beliefs of a person during the hiring process and in the course of employment, if the accommodation would resolve a conflict between the person’s religious beliefs, unless doing so would impose an undue hardship on the City. The following procedure shall apply:

1. Procedure for Requesting a Religious Accommodation. If a person believes that a religious accommodation is necessary, the person should submit a request for accommodation to Human Resources. This request may be made orally or in 42 City of Duarte
Personnel Rules and Regulations
8 writing, however the City encourages written requests. Such requests should include the following relevant information:
(a) A description of the accommodation requested;
(b) The reason the accommodation is necessary; and
(c) A description as to how the accommodation will resolve the conflict between the person’s religious beliefs or practices and the City’s application or employment requirements for the corresponding position.

2. Upon receiving the request, the City will invite the person to a meeting to explore potential accommodations that could resolve the conflict between the person’s religious beliefs and the City’s application or employment requirements for the corresponding position. The City may provide the person’s requested accommodation or may provide an alternative reasonable accommodation based on the City’s discretion, to the extent that an effective accommodation is available without imposing undue hardship on the City.

E. Transgender Employees/Workplace Gender Transitions. All City employees have the right to be openly who they are, while still maintaining professional expectations. An individual’s transition will be treated as a confidential matter and only disclosed on a needto-know basis, or as otherwise requested or authorized by the individual. An individual may contact their supervisor or Human Resources to develop a workplace transition plan that is appropriate for the individual’s needs. The City will make reasonable accommodations to an employee undergoing gender transition and necessitating time off from work to attend any gender transition related appointments, unless doing so would impose an undue hardship on the City.

F. Lactation Accommodation

1. In accordance with applicable state and federal law, an employee who needs to express breast milk for the employee’s infant child will be permitted to take a reasonable amount of break time for that purpose, as a lactation accommodation.

The break time must, if possible, run concurrently with any break time already provided to the employee. For non-exempt employees, break time that takes place outside of authorized paid rest time is unpaid. To the extent that break time would seriously disrupt the City’s operations, the City may limit the employee’s use of such time.

2. An employee seeking lactation accommodation must contact Human Resources by email, or via other written communication. The City will respond via email or other written document within a reasonable period of time to acknowledge the request. Before implementing a lactation accommodation the City will request input from the employee and the employee’s supervisor(s) regarding the anticipated timing of lactation break(s) and proposed location(s) for taking lactation breaks.

3. Following such a request, the City will provide written details to the employee regarding the terms of the lactation accommodation, which will include:
43 City of Duarte
Personnel Rules and Regulations
9 a. Identification of a space, other than a bathroom, that is in close proximity to the employee’s work area, is safe, clean, free of hazardous materials, and that is shielded from view and free from intrusion while the employee is expressing milk.
i. The City will also ensure that the space contains a place to sit and a surface to place a breast pump and personal items and contains access to electricity or alternative devices (such as extension cords or charging stations) needed to operate an electric or batterypowered breast pump. ii. If the designated space is a room that may also be used for purposes other than lactation, the City will ensure that the use of the room for expression of milk will take priority over other uses. b. Identification of a sink with running water and a refrigerator (or other cooling device suitable for storing expressed milk) that are in close proximity to the employee’s work area and that will be accessible for the employee’s use.

SECTION 5. CLASSIFICATION OF POSITIONS
A. Classification. Every person employed by the City will be assigned a job classification.

B. Preparation of Classification Plan. The City Manager shall ascertain and record the duties and responsibilities of all positions in the Classified Service and, after consulting with Department Heads, shall prepare a position classification plan for such positions. The position classification plan shall consist of classes of positions in the Classified Service defined by job descriptions, including the title. The position classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, authority, responsibility, and working conditions are included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class and job family.

C. Adoption, Amendment and Revision of Classification Plan. The classification plan shall be adopted by and may be amended from time to time by resolution of the City Council.

At the time of consideration by the City Council, any interested party may appear and be heard.

D. Salary Range. Each job classification will carry with it a salary range approved by the City Council through a resolution or memorandum of understanding with bargaining units.

E. New Positions. Requests for new positions will be submitted first to the Administrative Services Director or designee by the respective Department Head. Each request for a position will include a proposed job title and grade, a statement of purpose, duties and responsibilities, and a detailed justification as to the necessity of the position. The Administrative Services Director or designee will review all requests and make a recommendation to the City Manager, after consultation with the respective Department Head, on the appropriate title, classification, and pay grade of all new positions. Upon City Manager approval, all new positions will be submitted to City Council for budgetary consideration.
44 City of Duarte
Personnel Rules and Regulations
10 F. Reclassification. Requests for reclassification must be submitted to the Administrative Services Director or designee through the budget process or in written form. A reclassification is a change to a different class within the classification plan or the establishment of a new class on the basis of a substantial change in duties performed in such position. These requests should include the present and proposed title and salary range, as well as the proposed method of financing, and statement of justification. The Administrative Services Director or designee will review all requests for reclassification and recommend approval or disapproval to the City Manager.

G. Job Description. For each job classification, there will be a written job description containing the supervisory relationship, general nature of duties to be performed, essential examples of duties to be performed, and minimum qualifications required of applicants for the position. Substantive revisions to job descriptions that are associated with substantive changes to the duties performed by a particular position shall be subject to approval by the City Council. Non-substantive changes, such as to reflect previous, gradual changes to the conditions in which work is currently performed or to improve accuracy in describing the class or position title, or update non-substantive details associated with job duties already performed, may be approved administratively by the City Manager and are not subject to approval by the City Council.

SECTION 6. METHODS OF FILLING VACANCIES
A. Notice to City Manager. Whenever a vacancy in the classified service is to be filled, the City Manager, after considering the recommendation of the Department Head, shall have the right to decide how to fill the vacancy.

B. Types of Appointment. All vacancies in the classified service shall be filled by transfer, promotion, demotion, reemployment, or reinstatement. In the absence of persons eligible for appointments as specified above, provisional, acting, or emergency appointments may be made in accordance with these Personnel Rules.

1. Provisional Appointment. A provisional appointment may be made, by the City Manager, with the recommendation of the Department Head, of a person meeting the minimum training and experience qualifications for the position. The term of a provisional appointment shall not be longer than six months. During a provisional appointment, a provisional appointee shall be compensated at the level assigned to that position.
a. The provisional appointee shall be considered a temporary employee and shall not be entitled to the rights and benefits afforded to classified employees under these Personnel Rules. In the event that a Retired Annuitant is hired as a provisional employee, the appointment and employment of the Retired Annuitant will be governed by the applicable statutes and regulations of CalPERS or other applicable retirement system.

In the event that the City’s rules and procedures on provisional employment are inconsistent with the applicable statutes and regulations governing the employment of retired annuitants, the statutes and regulations shall control. b. Individuals hired under a provisional appointment will be notified in writing by the City that the appointment is of a temporary nature. Employees appointed to a provisional position will not acquire probationary or regular 45 City of Duarte
Personnel Rules and Regulations
11 status or rights. Time spent in a provisional position will not count toward the probationary period if the employee is subsequently appointed to the regular position.

2. Acting Appointment. Acting appointments may be used to fill positions that are vacant or that are temporarily vacant, such as when an employee is on an extended leave of absence.
a. Whenever the needs of the City require an employee to temporarily perform the duties of a higher classification than that in which the employee is currently employed for a period of more than twelve (12) consecutive working days, the employee shall receive the salary rate of the higher class in which the employee is performing the required duties. In such cases, the employee shall be paid at an appropriate step of the current salary schedule of the higher classification which will assure an increase of not less than 5% greater than the salary of the employee’s current position, but in no case shall such salary exceed the top salary step of the higher classification. The higher salary rate payable shall commence on the thirteenth working day following the temporary reassignment to the performance of duties of the higher classification. The requirement for the performance of duties of the higher classification shall be placed in writing by the City Manager, or the City Manager’s designee, following recommendation by the affected Department Head. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualification of the higher classification by the City Manager, or the City Manager’s designee, as recommended by the affected Department Head.
b. The employee assigned to perform the duties of a higher classification shall not serve for more than ninety (90) working days in a higher classification whenever a vacancy exists without the announcement by the City Manager, or the City Manager’s designee, of an approved examination as otherwise provided in the rules and regulations. In no case shall an employee serve more than 960 hours in a fiscal year or six (6) total months, whichever comes first, in a higher classification without successfully passing the examination.
c. An employee appointed in an acting capacity shall be eligible to receive performance increases in the permanent position during the acting appointment but shall not be entitled to performance increases in the position which the employee holds in an acting capacity. If successful in being promoted, the period of time of service in the higher classification shall be credited for the promoted employee toward the required period of probation for the higher classification as otherwise required in these rules. d. The City Manager, or the City Manager’s designee, shall obtain the employee’s written consent for the temporary performance of any of the duties of the higher classification beyond a period of twelve (12) working days, prior to an employee assuming or continuing the duties and compensation of a higher classification, which consent shall clearly state that it is understood that employee’s salary rate will revert to the salary 46 City of Duarte
Personnel Rules and Regulations
12 rate in the employee’s permanent position upon the expiration of the need for the performance of the duties of the higher classification.

3. Emergency Appointment. To meet the immediate requirements of an emergency condition, the Department Head, or any persons so authorized in advance by the City Manager, may employ such persons as may be needed for the duration of the emergency without regard to the personnel regulations or rules affecting appointments. As soon as possible, such employment will be reported promptly to the Administrative Services Director or designee. Emergencies are defined as fire, flood, earthquake, or other public calamity, which threatens life or property. The emergency appointee shall be considered a temporary employee and shall not be entitled to the rights and benefits afforded to classified employees under these Personnel Rules. In the event that a Retired Annuitant is hired as an emergency employee, the appointment and employment of the Retired Annuitant will be governed by the applicable statutes and regulations of CalPERS or other applicable retirement system, to the extent such provisions remain in effect during the emergency. In the event that the City’s rules and procedures on provisional employment are inconsistent with the applicable statutes and regulations governing the employment of retired annuitants, the statutes and regulations shall control.

4. City-Initiated Transfer. Based on the City’s needs, an employee may be transferred by the City Manager at any time from one position to another position within the same or comparable class. Employees who are transferred upon the initiative of the City will not be required to serve a probationary period. Upon approval of the City Manager, an employee may be transferred by the Department Head at any time from one position to another position in a comparable class where the salary range is the same, involves the performance of similar duties and requires substantially the same basic qualifications. However, the employee must meet the minimum qualifications established for the position being transferred to.

The employee will be notified prior to any transfer. Any employee who is transferred from one position to another position in the same or similar class will be compensated at the same step and salary range the employee received in the previous position. The employee’s anniversary date for purposes of performance evaluation timing will change to the effective date of the transfer.

5. Employee-Initiated Transfer. Regular employees who have completed their probationary period may request a transfer to a different position. Requests for transfer from an employee will be assessed for feasibility and benefit to the City.

Employees requesting a transfer will submit a memorandum to the City Manager detailing the request for transfer and reasons for the request. Upon receipt of the transfer request the City Manager will notify the employee’s Department Head.

Job performance, qualifications, attendance, and other legitimate factors will be evaluated to ensure the most effective use of the employee’s capabilities in evaluating the transfer request. Employees transferred to a vacant position at their request will serve a new 6-month probationary period. Any employee who is transferred from one position to another position in the same or similar class will be compensated at the same step and salary range the employee received in the previous position. The employee’s anniversary date for purposes of performance evaluation timing will change to the effective date of the transfer. If the transfer 47 City of Duarte
Personnel Rules and Regulations
13 involved a change from one department to another, both Department Heads must consent thereto unless the City Manager orders the transfer.

6. Interactive Process Transfer. As part of the interactive process and in accordance with state and federal law, an employee who is unable to perform the essential functions of the employee’s present classification may be placed in a vacancy in another class that does not result in a promotion if the employee can perform the essential functions of the vacant position, with or without reasonable accommodation. Employees who are transferred under this section are not required to serve a probationary period.

7. Promotion. It is the policy of the City to fill authorized vacant positions based on merit. Insofar as consistent with the best interest of the City, vacancies in the Classified Service may be filled by promotion from within the Classified Service, after a promotional examination has been given. All regular or probationary employees meeting the qualifications standard of a higher-grade position under the same or different job classification may be considered for promotion.

Employees promoted to a new position will start at the salary step determined appropriate by the City Manager and will serve a six-month probationary period.

The date of promotion will become the employee’s new anniversary date for performance review and merit salary increase purposes. Employees receiving promotions will be reviewed after six months, one year, and annually thereafter.

8. Demotion. The City Manager may voluntarily or involuntarily demote an employee.

No employee will be demoted to a position for which the employee does not possess the minimum qualifications. Disciplinary demotion action will be in accordance with Section 17. Any demotion taken in lieu of layoff will be in accordance with Section 23. An employee may also request a voluntary demotion.

An employee who possesses the minimum qualifications, may request a voluntary demotion to a lower position. An employee requesting a voluntary demotion will submit a memorandum to the employee’s Department Head requesting a voluntary demotion and detailing the reasons for the request. Upon receipt of the request for voluntary demotion, the Department Head will notify the City Manager. If the request for voluntary demotion involves a change from one department to another, both Department Heads must consent thereto unless the City Manager orders the demotion. Demoted employees are required to serve a 12-month probationary period in accordance with Section 11. The employee’s anniversary date will change to the effective date of the demotion. Demoted employees will have their salary reduced accordingly to the appropriate salary range. Salary determinations for demoted employees are solely within the discretion of the City Manager.

9. Reinstatement. With the approval of the City Manager, a former full-time employee may be reinstated within one (1) year of the effective date of resignation from a City position to a vacant position in the same classification formerly held. Upon reinstatement, the employee shall be subject to the probationary period prescribed for the position unless specifically waived in writing by the City Manager. No credit for former employment shall be granted in computing salary, vacation, or other benefits except on the specific recommendation of the City Manager at the time of reinstatement unless otherwise required by law. The employee shall have a new hire date that is applicable to all benefits, including retirement and retirement health benefits, unless otherwise required by law
48 City of Duarte
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14 10. Reemployment. An employee may be appointed from a reemployment list following layoff in accordance with Section 23 or when the employee has failed a promotional probationary period or a probationary period due to employee-initiated transfer in accordance with Section 10.

SECTION 7. RECRUITMENT
A. Announcements. All examinations for openings in the City’s service will be published by posting announcements in City Hall and in such places as the Administrative Services Director or designee deems advisable. The announcements will specify the title and pay range of the class for which the examination is announced; the nature of the work to be performed; the objectives the positions are expected to accomplish; qualifications desirable for the performance of the work of the class; the dates, times, place, and manner of making application; the closing date for receiving applications; the minimum requirements for the position; and other pertinent information. Additional recruitment methods may be utilized as necessary to ensure that the employment needs of the City are met.

B. Application Forms. Applications will be made through an online application system and/or on forms provided by the Administrative Services Director or designee. Such forms will require information covering the training, experience, and other pertinent information.

C. Submitting Applications. Applications must be submitted as prescribed on the examination announcement. Applications must include all required information. The person applying must sign the application. Applications unsigned by the applicant are considered incomplete, and will not be accepted. The Administrative Services Director or designee must receive completed applications no later than the date and time published as the final filing date. All applications will become the property of the City. They will not be returned to the individual applicant. The City may destroy applications filed through the selection process in accordance with the City’s document retention policy.

D. Incomplete Applications. Applications lacking information deemed material by the Personnel Officer may be returned to the applicant with notice to amend provided adequate time exists before the final filing date. Incomplete applications received at the end of the filing period will not be given consideration for City employment.

E. Types of Recruitments. Recruitments may be conducted in any of the following manners at the discretion of the Administrative Services Director or designee.

1. Open Recruitment - A recruitment open to any applicant.

2. Internal/Promotional Recruitments. - A recruitment open to only those persons employed in a regular, probationary, or temporary position with the City. Volunteers and enrollees in training and work programs shall not be eligible to compete in internal recruitments.

F. Disqualification. The Administrative Services Director or designee may eliminate from the selection process or refuse to certify for the position, the name of any person:

1. Who does not possess the minimum qualifications for the position; 49 City of Duarte
Personnel Rules and Regulations
15 2. Who has failed to submit a complete application;

3. Who has made any false statement, misrepresentation, or omission of any material fact, or who has practiced, or attempted to practice, any deception or fraud in the person’s application;

4. Who has not signed the application under penalty of perjury;

5. Who has not applied for the position in a timely manner;

6. Who has otherwise violated provisions of these Personnel Rules; or

7. Who has demonstrated other reasons which would indicate that the applicant is unfit for the position.

In addition, applicants with the least desirable background or qualifications among a large number of applicants may be denied further participation in the selection process through an evaluation of their qualifications, thus providing a reasonable number of the best qualified candidates for consideration.

Applicants disqualified from further participation in the selection process will be promptly notified to permit submission of additional information provided that the time limit for receiving applications has not expired. Notice will be mailed to the last known address; it will be the applicant’s responsibility to keep the applicant’s current address on file.

Whenever an application is rejected, Human Resources will mail notice of such rejection to the applicant.

SECTION 8. SELECTION PROCESS
The selection techniques used in the examination process shall be impartial, be of a practical nature, and relate to those subjects which, in the opinion of the Personnel Officer, fairly measure the relative capacities of the applicants to execute the duties and responsibilities of the class to which they seek to be appointed. The selection procedure may consist of such recognized techniques as achievement tests, aptitude tests, evaluation of personality and background through personal interviews, performance tests, evaluation of work performance, work samples, physical agility tests, other written tests, review and investigation of personal background and references, criminal background check via fingerprinting, post-offer medical and psychological examinations, post-offer drug and/or alcohol analysis, or any combination thereof. The Administrative Service Director shall ensure that reasonable accommodations are made in examinations for persons with disabilities under the ADA and/or FEHA, when needed. All inquiries regarding criminal conviction history and all medical examinations (including drug tests) shall only be administered after the conclusion of all other examinations, except the probationary period, and after a conditional offer of employment has been made by the City.

A. General Nature. The selection techniques used in the selection process will be impartial and of a practical nature and will relate to those subjects that, in the opinion of the Administrative Services Director, with the advice of the appropriate Department Head, fairly measure the relative capacities of the persons examined to perform the duties and responsibilities of the position to which they have applied. 50 City of Duarte
Personnel Rules and Regulations
16 B. Examinations. Examinations will be competitive and consist of such recognized personnel selection techniques as achievement tests, aptitude tests, performance tests, physical agility tests, evaluation of skills and background through personal interviews, evaluation of daily work performance, work samples, or any combination thereof.

C. Subjects and Methods. Examinations may be formal, informal, written, oral, practical demonstrations, or any combination thereof, or any other form which will test fairly the qualification of applicants and may consist of one or more of the following parts:

1. Specialty. This part will constitute that portion of the examination dealing with the duties of the position, and must be designed to test the ability of an individual to perform said duties and objectives.

2. Education. This part may consist of spelling, composition, civics, City information, or any or all of these, as well as other subjects to test the basic training necessary for performing the duties of the position and advancement in the service.

Verification of educational background may be requested by providing copies of degrees, transcripts and or certifications prior to appointment of the position.

3. Physical Agility Test. A physical agility test may be administered as a contingency to the position.

4. Personal Interview. The applicant may be questioned as to the duties of the position, training, experience, nature of work performed, and other reasonable questions to determine fitness for the position. Personality and professionalism may be counted as factors in an examination.

D. Conduct of the Examination. The Administrative Services Director, or the Administrative Services Director’s designee, will be responsible for the coordination and/or administration of examinations. The Administrative Services Director may contract with any competent agency or individual for the preparing and/or administering of examinations. In the absence of such a contract, the Administrative Services Director will see that such duties are performed.

E. Scoring Examinations and Qualifying Scores. In all examinations, further consideration will be based on all factors in the examination including educational requirements, experience, and other qualifying elements as shown in the application of the candidate, or other verified information. All scores and results will remain confidential and are not deemed public record.

F. Notice of Examination Results. Applicants will be notified in writing concerning the results of their participation in the selection process, but applicants will not be advised of any score received.

G. Order of Eligibles. Upon scoring of all examination components, the names of eligibles will be placed in eligibility categories according to composite performance on weighted selection procedures.

1. Tied Scores. Except as provided in this section, in case of tied scores, all eligibles shall receive similar treatment which shall include certification at the same time, 51 City of Duarte
Personnel Rules and Regulations
17 notwithstanding that such action may require an exception to any of these Personnel Rules pertaining to numbers of persons certified.

2. Veteran’s Preference. For purposes of placement on the list of eligibles, if an applicant who has a tied score in an examination is a veteran, as that term is defined in Section 50088 of the California Government Code, the tie will be broken in favor of the veteran, such that the veteran will be placed at a higher position than the non-veteran.

H. Optional Employment Lists. The City may, but is not required to, establish an employment list in accordance with this Section. If the City elects to establish an employment list, applicants will be so notified.

1. Establishment of Employment List. As soon as possible after the completion of an examination, the City Manager will certify an employment list. Employment lists established will be confidential; names and final scores will not be made public information.

2. Types of Employment Lists.
a. Promotional Internal Employment List. The names of eligibles will be placed on the list in order of their final score.
b. Open-Competitive Employment List. The names of eligibles will be placed on the list in order of their final score.
c. Reemployment List. The names of employees laid off under the provisions of Section 23 shall have their names placed on a reemployment list. In addition, employees who are rejected during a promotional probationary period and cannot be returned to their prior position or a similar position shall have their names placed on a reemployment list for their prior position.

3. Use and Duration of Employment Lists. An employment list shall become effective upon the City Manager’s certification that the list was prepared and represents the relative evaluation of the applicants whose names appear thereon. Each employment list generally will only be used to fill one position. However, the City Manager, in the City Manager’s discretion, can use an employment list to fill more than one position. Each employment list shall remain effective for six months or until the City Manager abolishes the list, whichever occurs sooner. The City Manager may extend an employment list for a period not greater than an additional six months when it appears to be in the best interest of the City. The City Manager may abolish an employment list when fewer than three names remain on the list or when a certification of three active eligibles is not available. Active eligibles on an abolished list will be given the opportunity to reapply for the classification or have their names integrated in a newly established list if the selection procedure has not changed, for a period not to exceed the life of the newly established list.

Such integration may be granted only once for any list.

I. Removal of Names from Selection Process. The Administrative Services Director may remove the name of any applicant from the selection process upon any of the following occurrences:
52 City of Duarte
Personnel Rules and Regulations
18 1. On evidence that the applicant cannot be located by postal authorities. Failure to reply within seven days to a letter requesting information as to availability for appointment, or failure to notify the Personnel Officer of any change of address resulting in the return of letters without forwarding by the U.S. Postal Service, will be considered grounds for removal. With such evidence, on submission of a request therefor, giving acceptable reasons as to why the notice was not returned or change of address not filed, the Personnel Officer may restore the name of an eligible candidate to the selection process.

2. On the applicant’s failure to respond to correspondence sent to the email address the applicant has provided the City within five business days of the correspondence being sent; or if the City receives notice that the email address provided by the applicant did not accept the correspondence.

3. If an Applicant submits a written statement declining appointment and seeking to be removed from the selection process.

4. If an offer of regular full-time employment in the class for which the recruitment was conducted has been declined by the applicant.

J. Availability of Applicants. It shall be the responsibility of applicants to notify the Personnel Officer in writing of any change of address or other change affecting their availability for appointment.

SECTION 9. PRE-EMPLOYMENT REQUIREMENTS AND

APPOINTMENT
A. Conditional Offer of Employment. Following the selection process, the City Manager may make a conditional offer of employment to the applicant selected by the Department Head.

B. Criminal Conviction History and Background Screening. The City will only inquire about criminal conviction history after it has issued a conditional offer of employment. Applicants who receive a conditional offer of employment may be requested to be fingerprinted and/or undergo a background screening, as part of the examination process. Refusal of an applicant or employee to be fingerprinted, failure to report for fingerprinting or failure to provide such information as is necessary to conduct a background check will be sufficient cause for disqualification for employment or termination from employment. The City’s process for inquiring about criminal conviction history is set forth in a separate administrative policy.

C. Medical Examination of Applicants and Employees. Following a conditional offer of employment, prospective employees may be required to complete a job related preemployment medical examination. The City may require that employees take a psychological and/or a medical examination, as it deems necessary in order to determine employees to be mentally and physically capable of performing the essential functions of the job. Conditional offers of employment are made contingent upon passing this medical examination, however, the City will make reasonable accommodations to the special needs of any disabled individual as required by law. A licensed health care provider chosen by the City will perform such examination without cost to the prospective employee. The prospective employee will be required to complete a medical history 53 City of Duarte
Personnel Rules and Regulations
19 questionnaire and a medical records release as necessary to facilitate the examination.

The health care provider will indicate the employee’s fitness for employment on the examination form.

1. Depending on the essential functions of a position, a medical examination may be required for:
a. Applicants who have received a conditional offer of employment; b. Employees seeking a transfer from one position requiring general physical abilities to another position requiring physical abilities of a more different nature;
c. Employees returning to work from a medical leave of absence. The physician conducting the medical examination will be supplied with a current job description indicating the essential functions of the position; or d. When a supervisor observes or receives a reliable report of an employee’s possible lack of fitness for duty. Observations and reports may be based on, but are not limited to, employee’s own self-report of potential unfitness, dexterity, coordination, alertness, speech, vision acuity, concentration, response to criticism, interactions with the public, co-workers, and supervisors.

2. The results of all medical examinations will be kept confidential. Examination results for newly hired employees and employees transferring to another position will be kept in the employee’s confidential medical file. No employee will hold any position in which the employee is not able to perform the essential functions of the job, with or without reasonable accommodation.

3. Regulatory Compliance. Certain employees are subject to regulations issued by the Department of Transportation and/or the California Department of Motor Vehicles. All such employees must meet the standards set forth in those regulations as part of the hiring process and as part of continued employment.

D. Employment Eligibility Verification. In compliance with regulations of the United States Department of Justice and the Immigration and Naturalization Service, the City requires that each person hired by the City complete Section I of the Employment Eligibility Verification Form I-9 to verify that the person is eligible for employment in the United States.

E. Driver License and Driving Record. Employees who are required to drive as a part of their job are required to possess a valid California driver license and maintain a satisfactory driving record acceptable to the City Manager as a condition of employment. The City will, from time to time, obtain a copy of employee driving records from the DMV where permitted by law. Employees must immediately report to the Administrative Services Director any changes in driving privileges. Failure to do so may result in disciplinary action up to and including termination. Employees who are required to drive a personal vehicle as a part of their job must provide proof of insurance in amounts and forms as approved by the Administrative Services Director and comply with additional requirements set forth in separate City policy.
54 City of Duarte
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20 F. Formal Appointments. After interview and investigation, the City Manager, in consultation with the affected Department Head, shall make appointments from among those qualified and will immediately notify the Administrative Services Director or designee of the person or persons appointed. The Administrative Services Director, or designee, will thereupon notify the person appointed, and if the applicant accepts the appointment and presents for duty within such period of time, as the appointing power will prescribe, the applicant will be deemed to have been appointed; otherwise, the applicant will be deemed to have declined the appointment.

G. Employment Oath. All employees of the City must complete and sign the Oath or Affirmation of Allegiance for Public Officers and Employees on the first day of employment in accordance with Article XX, Section 3 of the Constitution of the State of California. A signed copy will be included in the employee’s personnel file.

H. Keys and Other City Property. Keys to City facilities will be issued to employees so designated by the City Manager. Keys are the property of the City and must be surrendered to the City upon demand or upon separation from employment. Employees are required to immediately report lost or stolen keys to the employee’s supervisor and Department Head. Employees may not copy keys or lend keys to other persons without the approval of the City Manager. Other property issued to the employee belonging to the City will be surrendered to the City upon demand or upon separation from employment.

SECTION 10. PROBATION
A. Objective of Probation. A probationary period shall be utilized to closely observe a new employee’s work; for securing the most effective adjustment of a new employee to their position; for determining if the new employee can adhere to City rules and policies; and for rejecting new employees when their performance does not meet the required standards of work.

B. Length of Probationary Period. All regular employees shall serve probationary periods, and all newly hired employees will serve a minimum one-year probationary period.

Employees promoted from a full-time position into a higher level full-time position shall serve a six-month promotional probationary period. Probationary periods may be extended in accordance with these Personnel Rules.

C. Rejection of Probationer. When initially hired into a full-time position, every person hired by the City shall be considered probationary until either granted regular status by the City Manager, upon recommendation of the Department Head, or by default at the conclusion of one year. Probationary employees do not have property or vested rights to their position with the City and are considered at-will employees. During the probationary period, an employee may be rejected at any time by the City Manager without cause and without the right of appeal. Notification of rejection in writing shall be served on the probationer and a copy shall be filed with the Human Resources Office.

D. Probation Extension. An employee’s probationary period may be extended by a maximum of six months past the end of the initial probationary period by the City Manager, per Department Head recommendation.

E. Rejection from Promotional Probation or Employee-Initiated Transfer. Any employee rejected during the probationary period following a promotional appointment shall be 55 City of Duarte
Personnel Rules and Regulations
21 reinstated to the position from which the employee was promoted if it remains vacant, unless

1. Charges are filed and the employee is discharged in the manner provided in these rules for positions in the classified service;

2. No vacancy exists for the classification to which the employee would revert; or

3. No funding is available in the classification to which the employee would revert.

If there is no vacancy in the employee’s prior position or a similar position or if no such position is funded, the employee may request to be placed on a reemployment list.

F. Probationary Period Following Demotion, Transfer, Reinstatement or Reemployment.

1. Demotion. A new 12-month probationary period will be required following demotion, unless waived by the City Manager. When an employee demotes from one department to another department, a new probationary period will be served in the new department.

2. Transfer. A new 12-month probationary period will be required following transfer, unless waived by the City Manager. When an employee transfers from one department to another department, a new probationary period will be served in the new department.

3. Reinstatement. A new 12-month probationary period will be required upon reinstatement to a position as detailed in Section 6(B)(9) above, unless specifically waived in writing by the City Manager

4. Reemployment. Persons appointed to positions by reemployment must serve a new 6-month probationary period, unless the appointment is to the same class in the same department where a probationary period has been previously successfully completed.

SECTION 11. NEPOTISM AND CONSENSUAL ROMANTIC

RELATIONSHIPS
A. Nepotism.

1. Definitions.
a. Applicant. A person who applies for a position at the City and is not a Current Employee.
b. Change of Status. A change in the legal status or personnel status of one or more Current Employees.
i. Changes in legal status include but are not limited to marriage, divorce, separation, or any such change through which a Current 56 City of Duarte
Personnel Rules and Regulations
22 Employee becomes a Family Member or ceases to be a Family Member of another Current Employee.
ii. Changes in personnel status include but are not limited to promotion, demotion, transfer, resignation, retirement or termination of a Current Employee who is a Family Member of another Current Employee.
c. Current Employee. A person who is presently a City employee, or an elected or appointed City official.
d. Direct Supervision. One or more of the following roles, undertaken on a regular, acting, overtime, or other basis shall constitute Direct Supervision:
i. Occupying a position in an employee’s line of supervision; or ii. Functional supervision, such as a lead worker, crew leader, or shift supervisor; or
iii. Participating in personnel actions including, but not limited to, appointment, transfer, promotion, demotion, layoff, suspension, termination, assignments, approval of merit increases, evaluations, and grievance adjustments.
e. Family Member. A spouse, domestic partner, parent, parent-in-law, stepparent, legal guardian, sister, step-sister, sister-in-law, brother, stepbrother, brother-in-law, child, step-child, legal ward, daughter-in-law, sonin-law, grandchild, or grandparent. f. Prohibited Conduct. Conduct by Family Members including, but not limited to, one or more of the following:
i. Participation directly or indirectly in the recruitment or selection process for a position for which a Family Member is an Applicant. ii. Direct Supervision of a Family Member that does not comply with limitations set forth in this Article;
iii. Conduct by one or more Family Members that has an adverse effect on supervision, safety, security or morale.

2. Applicants for Employment.
a. No qualified Applicant may be denied the right to file an application for employment and compete in the examination process. However, consistent with this Article, the City may reasonably regulate, condition, or prohibit the employment of an Applicant.
b. Disclosure of Relationship. Each Applicant is required to disclose the identity of any Family Member who is a Current Employee. 57 City of Duarte
Personnel Rules and Regulations
23 c. Review of Administrative Services Director. For each Applicant who has a Family Member who is a Current Employee, the Administrative Services Director shall assess whether any of the following circumstances exist:
i. Business reasons of supervision, safety, security or morale warrant the City’s refusal to place the Applicant under Direct Supervision by the Family Member; or
ii. Business reasons of supervision, security, or morale that involve potential conflicts of interest or other hazards that are greater for Family Members than for other employees, which warrant the City’s refusal to permit employment of Family Members in the same department, division, or facility.
d. Decision of the Administrative Services Director. If the Administrative Services Director determines that either of the above circumstances exist, the Administrative Services Director shall exercise his or her discretion to either reject the Applicant or consider the Applicant for employment in a position that does not present either of the above circumstances. i. Following examination, if the Applicant is successfully certified as eligible pursuant to Article Section 8, he or she may be employed in a position for which the Administrative Services Director has determined that neither circumstance exists pursuant to Section

11.A.2.c.
ii. When an eligible Applicant is refused appointment by virtue of this Section 11, his or her name shall remain on any employment list that has been created for openings in the same classification. For each opening, the Administrative Services Director shall make a determination consistent with Section 11.A.2.c.

3. Guidelines for Current Employees.
a. Employees shall report a Change of Status to the Administrative Services Director within a reasonable time after the effective date of the Change of Status. Wherever feasible, Employees shall report a Change of Status in advance of the effective date.
b. Within thirty days from receipt of notice, the Administrative Services Director shall undertake a case-by-case consideration and individualized assessment of the particular work situation to determine whether the Change of Status has the potential for creating an adverse impact on supervision, safety, security, or morale.
i. The Administrative Services Director shall consult with an affected Department Head to make a good faith effort to regulate, transfer, condition or assign duties in such a way as to minimize potential problems of supervision, safety, security, or morale.
58 City of Duarte
Personnel Rules and Regulations
24 ii. Notwithstanding the above provisions, the City retains the right to exercise its discretion to determine that the potential for creating an adverse impact on supervision, safety, security, or morale cannot be sufficiently minimized and to take further action as set forth in Sections 11.A.4.b.i or 11.A.4.b.ii.

4. Monitoring by Department Head.
a. Following a Change of Status or new hire of a Family Member, affected Department Heads shall reasonably monitor and regulate both Family Members’ conduct and performance for a period of one year from the date of the Administrative Services Director’s determination. The Department Head shall document these actions. Successive Department Heads may re-visit such a determination at their discretion.
b. If the Department Head determines, subject to any applicable requirements of due process, that an employee has engaged in Prohibited Conduct, the Department Head shall re-visit the Administrative Services Director’s determination. Depending on the severity of the Prohibited Conduct, the Department Head may recommend that the Administrative Services Director take one or more of the following additional measures:
i. Transfer one of the Family Members to a similar position that would not be in violation of this policy. The transfer will be granted provided the Family Member qualifies and there is an opening to be filled. There can be no guarantee that the new position will be within the same classification or at the same salary level.
ii. If the situation cannot be resolved by transfer, one of the Family Members must separate from City employment. If one of the employees does not voluntarily resign, the employee with primary responsibility for the Prohibited Conduct will be discharged. c. Department Heads who receive complaints from other employees that one or more Family Members has engaged in Prohibited Conduct shall respond in accordance with existing complaint and disciplinary procedures, where applicable.
d. Where situations exist prior to the effective date of this Article that may be in conflict with this Article, every effort shall be made to reasonably address the situation so as to avoid any future conflict.

5. Appeal of Administrative Services Director Determination. Current Employees and Applicants affected by the application of this Article, may appeal the action to the Administrative Services Director within ten days of the action. The Administrative Services Director shall hear the individual’s concerns and issue a written decision within 30 days of receipt of the individual’s appeal. An individual who is dissatisfied with the Administrative Services Director’s decision may appeal to the City Manager within five days of receipt of the Administrative Services Director’s decision. The City Manager shall hear the individual’s concerns and issue a written decision within 30 days of the receipt of the individual’s appeal. The decision of the 59 City of Duarte
Personnel Rules and Regulations
25 City Manager is final, and no other appeal may be had unless the employee is entitled to further administrative appeal under other provisions of these Personnel Rules.

6. Employee Complaints. Employees who believe that they have been adversely affected by Prohibited Conduct by one or more Family Member should submit complaints to a Department Head or to the Administrative Services Director.

7. Savings Clause. Should any provision of this Article, or any application thereof, be unlawful by virtue of any federal, state, or local laws and regulations, or by court decision, such provision shall be effective and implemented only to the extent permitted by such law, regulation or court decision, but in all other aspects, the provisions of this Article shall continue in full force and effect.

B. Consensual Romantic Relationships Between Employees.

1. General. Consensual romantic or sexual relationships between City employees can lead to misunderstandings, complaints of favoritism, adverse effects on employee morale, and possible claims of sexual harassment during or after termination of the relationship. As a result, such relationships present existing or potential conflicts that adversely affect efficient operation of the City. Relationships that present an actual conflict under this Section are therefore prohibited.

2. Application. This section shall apply to all City employees, regardless of gender or sexual orientation, who have a romantic or sexual relationship with another City employee. The provisions of Section 1 regarding nepotism shall govern employees who marry or become domestic partners with another City employee.

3. Definition of Conflict. For purposes of this section, a conflict exists if business issues of supervision, safety, security, and/or morale would be impacted by a romantic or sexual relationship between two employees.

4. Supervisor’s Duty to Report. If a romantic or sexual relationship exists between a Supervisor and another employee (including another Supervisor), the Supervisor shall promptly disclose the relationship to the Administrative Services Director and request a determination as to whether the relationship presents a conflict. The disclosure must identify the names and positions of both employees. A Supervisor’s failure to comply with this section shall be grounds for discipline up to and including termination.

5. Determination by Administrative Services Director. Within five working days, the Administrative Services Director shall issue a written determination as to whether the relationship presents a conflict, and is thereby prohibited. The Administrative Services Director, in consultation with the City Manager, shall have exclusive discretion in making the determination.

6. Resolution of Conflicts. Subject to limitations imposed by the Municipal Code and applicable provisions of these Rules, the Administrative Services Director will attempt in good faith to work with the Supervisor and the other employee to consider options to eliminate the conflict, including removing the Supervisory authority that created the conflict, reassignment, transfer or voluntary demotion of 60 City of Duarte
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26 a Supervisory employee, or where the Administrative Services Director determines that modification of a Supervisor’s assignment is not feasible, reassignment, transfer or voluntary demotion of a non-Supervisory employee. The Administrative Services Director retains discretion to determine that the conflict may be resolved via voluntary resignation or termination only.

7. Prohibited On-Duty Conduct. All City employees are prohibited from engaging in intimate, physical, or other conduct in furtherance of a romantic or sexual relationship with another City employee at City facilities or assigned work locations, including off-site meetings, conferences, and similar activities. Such conduct is further prohibited during work hours. Moreover, upon termination of a sexual or romantic relationship with another City employee, employees are prohibited from engaging in behavior that adversely affects the working conditions of any City employee. In general, all employees are expected to observe appropriate standards of workplace conduct in their interactions with other City employees.

8. Complaints. Employees who believe that they have been adversely affected by romantic or sexual relationships between City employees should follow the complaint procedures provided under the City’s Policy Against Harassment, Discrimination, and Retaliation. The complaint procedures are available to all employees regardless of their past or present participation in a romantic or sexual relationship with another City employee.

SECTION 12. REPORTS AND RECORDS
A. Maintenance of Personnel Files. A personal history folder shall be kept for each employee. Confidential medical records will be maintained in a separate file from other personnel files. The personnel history folders shall be maintained by the Administrative Services Director or designee, and shall contain a record of date of employment, promotions, performance reviews, disciplinary actions and such other information as the City Manager, or City Manager’s designee, shall prescribe. All performance related entries to personnel history folders shall be brought to the attention of the employee.

B. Review and Access of Personnel Files. Personnel records are confidential and, unless otherwise required by law, access to personnel records will be limited to current or former employees, authorized representatives of current or former employees, and authorized representatives of the City. Rights to access, inspect, and copy personnel records, as well as applicable procedures and limits upon such rights shall be as set forth in separate City policy.

C. Current Address. Employees are required to notify the Administrative Services Director of any change of name, address, or telephone number within five calendar days of change.

D. References. Any employee who receives a request for a personal reference by a former or current employee is required to forward that request to the Administrative Services Director and seek direction. Only the City Manager and the Administrative Services Director or their designees are authorized to provide references for former or current employees on behalf of the City of Duarte. No other employee is authorized to provide such written or verbal references or recommendations for former or current employees.

Further, no other employee is authorized to respond to questions from persons outside the City about former or current employees regarding their work performance. 61 City of Duarte
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27 E. Destruction of Records. Upon approval of the City Attorney, records relating to personnel may be destroyed as prescribed by law and the City’s Document Retention Policy.

SECTION 13. EMPLOYEE TRAINING
Responsibility for developing training programs for employees will be assumed by the City Manager, Administrative Services Director or designee, and Department Heads. Such training may include lecture courses, demonstrations, assignments of reading matter, etc. These will be made available for the purpose of improving effectiveness and broadening the knowledge of municipal employees in the performance of their respective duties. All trainings are subject to prior approval by the employee’s supervisor and Department Head.

Dues and related expenses for individual memberships in organizations are payable and/or reimbursable only when such memberships provide a specific benefit to the City, and with prior approval of the Department Head, City Manager or the City Manager’s designee.

SECTION 14. COMPENSATION SYSTEM
A. Salary Steps. Each salary range will be divided into seven steps.

B. Compensation. Successful applicants for employment will be appointed to Step A of the salary range, unless a higher salary within the approved range is authorized by the City Manager. Only employees who begin their employment at the beginning of the salary range will be eligible for a salary review at their six-month review.

C. Performance Review. Each employee will receive performance reviews at least annually, or more frequently, as prescribed by the City Manager or Department Heads.

D. Merit Salary Increase. A merit increase will be granted if an employee has made satisfactory progress in performance since his or her previous review. This progress is based on the Department Head’s assessment, with final approval by the City Manager.

Merit increases for employees who qualify for increase and who begin their employment at Step A will be as follows:

Step B After six months continuous service in Step A
Step C After six months continuous service in Step B
Step D After 1 year continuous service in Step C
Step E After 1 year continuous service in Step D
Step F After 1 year continuous service in Step E
Step G After 1 year continuous service in Step F
Employees who begin their employment higher than Step A will be eligible for their first salary review at one year of continuous service.
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28 E. Salary Decrease. A salary decrease is the incremental reduction in pay within a salary range for disciplinary reasons. Further details regarding salary decreases are included in Section 16.

F. Time Sheets

1. All Employees.
a. All-time records, including time sheets, represent legal documents that are used to accurately record working time and to compensate employees properly. All employees shall record accurately all exact time worked. b. To ensure the accuracy of all-time records, each employee will input their own time into the electronic timesheet system; therefore attesting that the recorded totals accurately and fully identify all time worked during the pay period, whether authorized or unauthorized, and that all meal periods to which the employee is entitled have been provided. Each employee shall further acknowledge that the employee has not violated any provision of this Section during the pay period, including but not limited to working unauthorized overtime or working during a meal period without authorization.
c. Employees must ensure that the time sheets are submitted on the day and prior to the cut-off time designated by the City.
d. Under no circumstances shall a Supervisor or employee input time on behalf of another employee. Limited exceptions to this may be granted by Human Resources in the case of an emergency or absence. Where so authorized, employees may instead provide their time sheet information via written/email communication.

2. Supervisors
a. Supervisors shall review and address potential issues in time entries as established by City Policy. Supervisors shall approve each time sheet via the electronic timesheet system, attesting to the completion of such review and that the time recorded reflects all work performed by the employee of which the supervisor was reasonably aware.
i. To carry out this duty, supervisors are responsible for daily monitoring of the following for non-exempt employees:
• Start time for each workday;
• Start time for each meal period;
• End time for each meal period;
• End time for each workday;
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29 • Whether a meal period is taken (if no meal period is taken, this must be stated);
• All actual time taken as paid leave; and
• Any additional time during which work is performed, including work performed outside the regular shift.

G. Meal Periods.

1. Non-exempt employees are entitled to unpaid meal periods during which they shall be entirely relieved of responsibilities and restrictions. Such time shall not constitute hours worked.

2. Non-exempt employees shall be entitled to a 60-minute meal period. Thirty minutes of this meal period will be unpaid; 30 minutes will be paid.

3. Supervisors shall schedule meal periods to ensure appropriate coverage.

4. All employees shall take reasonable measures wherever feasible to avoid the need for work to be performed during meal periods. Where required, time spent on such work shall be kept to a minimum, and may only occur with the prior written authorization of a supervisor. Non-exempt employees who work during the unpaid portion of their meal periods shall be paid for time worked.

H. Overtime and Compensatory Time Off. Employees should refer to their applicable memorandum of understanding or contract of employment for information on overtime and compensatory time off.

SECTION 15. WORK SCHEDULES AND WORKWEEK
The City Council has implemented multiple work schedules to meet the City’s needs. Each employee will be assigned to a work schedule.

A. 4/10 Work Schedule. A 4/10 work schedule has been employed for most employees in which employees work Monday through Thursday, 7:30 a.m. to 6:00 p.m. with Fridays off.

The workweek for employees on the 4/10 work schedule shall be seven consecutive days, starting at 12:01 a.m. on Sunday and ending at midnight on the following Saturday.

B. 5/8 Work Schedule. Some employees have been assigned a 5/8 work schedule with varying hours to meet the city’s needs. The workweek for any employees assigned to a 5/8 work schedule shall be seven consecutive days, starting at 12:01 a.m. on Sunday and ending at midnight on the following Saturday.

C. Changes to Work Schedules. The City Manager, with reasonable notice to the employee, may adjust the working hours of individual departments, and Department Heads, with reasonable notice to the employee, may adjust the working hours of individual employees.

Any adjustment to a work schedule will be based on the needs of the City, with consideration given to the preference of the employee. For a continuing change affecting one or more employees, the Department Head will provide at least 30 days’ advance notice.
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30 SECTION 16. EMPLOYEE DISCIPLINE
A. Basis for Discipline. The tenure of employees covered by these rules, excluding at-will employees, will be based on reasonable standards of personal conduct and job performance. Failure to meet such standards will be grounds for appropriate disciplinary action, which will be commensurate with the seriousness of the offense and with due consideration to the employee’s performance record. Disciplinary action may be based upon any sufficient cause including, but not limited to, the following:

1. Violation of any personnel rules and regulations, administrative polices and/or departmental policies.

2. Fraud in securing employment or making a false statement on an application for employment or on any supporting documents furnished with or made a part of any application.

3. Dishonesty.

4. Incompetence, such as failure to comply with the minimum standards for an employee’s position.

5. Neglect of duty, such as failure to perform the duties required of an employee’s position.

6. Willful disobedience or insubordination, such as a willful failure to submit to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position.

7. Any violation of the City’s Alcohol & Drug Abuse Policy.

8. Absence from the job during working hours without permission from the employee’s supervisor or Department Head.

9. Violations of rules, regulations, or orders established by the employee’s supervisor or Department Head.

10. Conviction of a misdemeanor relating to the employee’s fitness to perform assigned duties, or conviction of a felony.

11. Discourtesy to the public, employees, or other persons with whom the City maintains a relationship; or engaging in treatment that does not foster cooperation.

12. Malicious gossip and/or spreading rumors; engaging in behavior designed to create discord and lack of harmony; interfering with another employee on the job; or willfully restricting work output or encouraging others to do the same.

13. Misuse or abuse of City property or equipment.

14. Substandard job performance.

15. Failure to maintain any employment qualification.
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31 16. Discrimination and/or harassment of employees or applicants based on a protected characteristic, as set forth in the City’s Policy Against Harassment, Discrimination and Retaliation.

17. Failure or refusal to properly or satisfactorily perform assigned duties.

18. Carelessness in the performance of assigned duties.

19. Having one’s privilege to operate a motor vehicle on the public highway in the State of California suspended or revoked by the Department of Motor Vehicles if deemed an essential job duty.

20. Inattention to duty, indolence, carelessness or negligence in the care or handling of City property.

21. Theft or harm to City property or the personal property of another.

22. Failure to comply with safety standards.

23. Assault, battery, horseplay, or fighting while on duty or under the guise of office.

24. Gambling on City property or during working hours.

25. Sleeping on the job.

26. Improper use of City funds.

27. Acceptance or solicitation or bribes or extortion.

28. Abuse of sick leave, repeated tardiness, or excessive absenteeism of any kind.

29. Acceptance from any source of any emolument, reward, gift or other form of remuneration in addition to the employee’s regular compensation, as a personal benefit to the employee for actions performed in the normal course of the employee’s assigned duties.

30. Refusal or failure to report to work in a disaster or an emergency.

31. Falsification of any City report or record, or of any report or record required to be filed by the employee.

32. Use of influence of position with the City for private gain or advantage, or the use of time, facilities, equipment or supplies for private gain or advantage.

33. Political activities precluded by State or Federal law.

34. Disclosure of confidential or proprietary City information to unauthorized persons, employees, or organizations.

35. Use of City tools, equipment, or other property for private, personal, unauthorized, or inappropriate purposes.
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32 36. Other acts which are incompatible with service to the public.

B. Types of Discipline. The following procedures shall be followed when, in the judgment of the Department Head, an employee has committed an act or omission that justified the disciplinary action indicated. Except for written warnings/reprimands, the Department Head (or designee), with advance notice to, and acting in conjunction with, the Administrative Services Director or designee, shall advise employees of contemplated disciplinary actions in writing and allow the employee an opportunity to respond to such charges prior to taking action. The employee will receive a copy of the disciplinary notice, and a copy will be forwarded to Administrative Services for inclusion in the personnel file.

The types of disciplinary actions which may be taken, in order of increasing severity, are:

1. Written Reprimand.

2. Suspension without pay for one or more working days.

3. Temporary or continuing incremental reduction in step within the current salary range.
a. Temporary. Disciplinary action in the form of step reduction will be imposed initially on a temporary basis for a defined period of time. The temporary period may be linked to the time needed to complete a performance improvement plan, in the Department Head’s determination. b. Continuing. Disciplinary action may be taken to continue a temporary step reduction until at least the employee’s next annual performance review due to the Department Head’s determination that the employee did not complete the performance improvement plan successfully.

4. Involuntary demotion to a vacant position in a classification with a corresponding reduction in salary.

5. Involuntary discharge of an employee from City service C. Relief of Duty. The Department Head may, verbally or in writing, cause the temporary assignment of an employee to status of personnel action leave with pay pending conduct or completion of such investigations or opportunity to respond as may be required to determine if disciplinary action is to be taken. In the event of a verbal notice, the Administrative Services Director or Department Head will confirm the action by giving the employee written notice. The employee will be advised of all restrictions to which the employee is subject to during the period of personnel action leave. If and when the employee is to be returned to duty, the City will provide the employee with written notice of when the employee should return to duty, a copy of which will be retained in the employee’s permanent personnel file.

D. Procedure for Discipline.

1. Disciplinary Action. For disciplinary action more severe than a written reprimand, the Department Head will advise the employee and Human Resources in writing of his or her intent to take disciplinary action. This advice will appear in the form of a Notice of Intent, and will include the following information:
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33 a. The disciplinary action intended.
b. The grounds upon which the disciplinary action is based. c. The specific acts or omissions that constitute the basis for the disciplinary action.
d. Notice of the employee’s right to respond to the charges either in writing, and/or at a meeting with the Department Head.
e. Copies of all materials considered in the Notice of Intent to take disciplinary action.
f. The employee’s right to review and copy anything contained in his or her personnel file.
g. Notice that failure to respond in the time frame specified will constitute a waiver of the right to respond.

2. Employee’s Response. An employee will be given the opportunity to respond to the Notice of Intent orally, and/or in writing, both, or not respond at all. If the employee chooses to respond orally to the Department Head, a meeting will be scheduled. At this time, the employee will be given a full opportunity to respond to the Notice of Intent, and will have the right to representation. This is not intended to be an adversarial hearing. The employee will not be accorded the opportunity to cross-examine City witnesses, or to present a formal case in opposition to the proposed discipline; however, the limited nature of this response does not obviate the Department Head’s responsibility to initiate further investigation. An employee may elect not to respond, thereby waiving any further pre-disciplinary response.

3. Notice of Imposition. If, after receiving a response to the Notice of Intent, or the expiration of the employee’s right to respond, the Department Head decides to proceed with the disciplinary action, a final notice will be given to the employee containing the following information:
a. The disciplinary action imposed.
b. The grounds upon which the disciplinary action is based. c. The specific acts or omissions that constitute the basis for the disciplinary action.
d. Notice of the employee’s right to appeal the Department Head’s decision to the City Manager, if identified as an appealable decision. e. Copies of all materials upon which the disciplinary action is based. f. Notice of the employee’s right to review and copy anything contained in his or her personnel file.
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34 g. Where applicable, notice that failure to file an appeal within a specified time frame will constitute a waiver of the right to appeal.

4. Effective Date of Disciplinary Action. Written reprimands shall take effect immediately upon issuance. Unpaid suspensions shall be served on the dates specified in the Notice of Imposition. Involuntary discharge shall take effect on the next working day following issuance of the Notice of Imposition, unless otherwise specified. Involuntary step reduction and involuntary demotion shall take effect on the first day of the next pay period following issuance of the Notice of Imposition, unless otherwise specified.

5. Disciplinary Action Subject to Appeal.
a. Any regular employee shall have the right to appeal the following disciplinary actions: a suspension without pay in excess of 40 hours, reduction in pay, non-probationary demotion, and/or termination. b. The appeal process shall not be applicable to those positions that may be deemed exempt or to probationary appointments.
c. The appeal process shall not be applicable to any other forms of discipline and/or grievances; however, an employee may submit a written rebuttal to the written reprimand or notice of suspension of 40 hours or fewer, for inclusion in the personnel file.

6. Disciplinary Appeal Process
a. An employee desiring to appeal the Department Head’s decision shall have ten days after receipt of the response to file an appeal. The employee's request for appeal must be addressed to the City Manager and received in the City Manager's office so that it is date stamped by the City Manager's office within the ten day period.
b. If, within the ten-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the appointing authority shall be considered conclusive and shall take effect as prescribed. If within the ten-day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the City Manager, an appeal hearing shall be established as follows:
i. The California State Mediation and Conciliation Service shall be requested to submit a list of seven persons qualified to act as hearing officers to the City and the employee. Within ten days following receipt of the list of hearing officers, the parties shall meet to select the hearing officer. The parties shall alternately strike one name from the list of hearing officers (the right to strike the first name to be determined by lot) until one name remains, and that person shall be the hearing officer.
c. Where practicable, the date for a hearing shall not be less than 20 days, or more than 60 days, from the date of the filing of the appeal with the City 69 City of Duarte
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35 Manager. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing.
d. All hearings shall be private provided, however, that the hearing officer shall, at the written request of the employee, open the hearing to the public. e. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than seven days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer.
f. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted, if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence.
g. Each party shall have these rights: to be represented by legal counsel or other person of the party’s choice; to call and examine witnesses; to introduce evidence; to cross examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence against the party. If the employee does not testify in the employee’s own behalf, the employee may be called and examined as if under cross examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary.
h. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:
i. The party imposing discipline shall be permitted to make an opening statement;
ii. The appealing party shall then be permitted to make an opening statement;
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36 iii. The party imposing disciplinary action shall produce the evidence supporting disciplinary action; the City bears the burden of proof and burden of producing evidence;
iv. The party appealing from such disciplinary action may then open the appealing party’s defense and offer evidence in support of the appealing party’s position; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;
v. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case;
vi. Closing arguments shall be permitted at the discretion of the hearing officer; and
vii. Written briefs may be permitted at any point in the proceedings at the discretion of the hearing officer.
i. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. The hearing officer shall make findings based on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in the hearing officer’s discretion, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing.

The hearing officer, prior to or during a hearing, may grant a continuance for any reason the hearing officer believes to be important to reaching a fair and proper decision. The hearing officer shall render judgment in writing as soon after the conclusion of the hearing as possible and in no event later than 30 days after conducting the hearing, unless the parties agree to a different time period. The hearing officer’s decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions.
j. The hearing officer may recommend sustaining or rejecting any or all of the charges filed against the employee. The hearing officer may recommend sustaining, rescinding, or modifying the disciplinary action invoked against the employee. The hearing officer may not recommend discipline more stringent than that issued by the Department Head.
k. The hearing officer's opinion and recommendation shall be filed with the City Manager, with a copy sent to the charged employee, and shall set forth the City Manager’s findings and recommendations. In a termination case, if the hearing officer does not recommend sustaining termination, the opinion shall set forth the date the employee is recommended to be reinstated and/or effective date of other lesser recommended disciplinary action. The reinstatement date, if appropriate, may be any time on or after the date of imposition of disciplinary action.
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37 l. Within 30 days of the receipt of the hearing officer's written findings and recommendation, and transcript from the court reporter, whichever date is later, the City Manager shall adopt, modify or reject the recommended findings, conclusions, and/or opinions of the hearing officer. Prior to making a decision which modifies or rejects the recommendation of the hearing officer, the City Manager shall order and read the transcript of the Third Party Advisory Process. Prior to making a decision which supports the hearing officer, the City Manager may order and read the transcript at the City Manager’s option. The City Manager shall not conduct a de novo hearing. The City Manager may, at the City Manager’s option, allow limited oral arguments and/or may request and review written statements from either side. The decision of the City Manager shall be final and conclusive.

Copies of the City Manager’s decision, including the hearing officer's recommendation(s) shall be filed where appropriate, including the employee's personnel file, unless no discipline is upheld by the City Manager. The parties may agree to extend the 30-day period. m. Each party shall bear equally the cost of facilities, fees, and expenses of the hearing officer, including the court reporter and transcripts. Each party shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties, which result in an arbitration fee.
n. If the City Manager’s decision calls for full or partial reduction or rescission of previously imposed discipline, the decision shall be effective from the first day after delivery of the City Manager’s decision or shall relate back to and be effective as of the date the discipline was imposed, whichever is applicable. If discipline imposed resulted in loss of pay, and the decision results in reduction or elimination of loss of pay, the pay loss shall be restored to the employee based on the number of standard work hours lost computed at the employee’s then base hourly rate.
o. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section.

SECTION 17. ATTENDANCE
A. Attendance. Employees will be in attendance on time at their workstation or location in accordance with the rules regarding hours of work, holidays, and leaves. Employees will make every effort to schedule personal appointments outside their working hours.

Employee adherence to the rules governing attendance, leaves of absence and tardiness will be reviewed and evaluated during the employee’s annual performance evaluation. In accordance with Section 14 of these Rules, all supervisors/managers will keep track of employee attendance records, which will be reported to Administrative Services by approval of electronic timesheets or via written/email communication.

B. Tardiness. It is the responsibility of the employee to arrive at work on or before the assigned time each day. If for some reason beyond the control of the employee, it is not 72 City of Duarte
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38 possible for the employee to come to work on time, arrangements in advance with the Department Head must be made at the earliest possible time. In no case will repeated tardiness be tolerated.

C. General Absences. Pre-authorized vacations, floating holidays, authorized compensatory time off, authorized paid/unpaid leaves of absence due to bona fide illness or injury, jury duty, bereavement, or other City leaves are the only types of absences permitted. All others will be considered a violation of these rules and regulations.

D. Unauthorized Absences / Job Abandonment.

1. An employee who is absent for a full shift without notification or authorization must return to duty within twenty-four (24) hours after a notice to return to duty has been delivered to their last known telephone number and address. Failure to do so will constitute an automatic resignation effective as of the end of the last day an employee worked.

2. If, within 10 days of said notice, the employee can show good cause for the failure to return to duty, the Administrative Services Director, in the Administrative Services Director’s discretion may, with approval of the City Manager, reverse the resignation. The reversal of the resignation does not forfeit the City’s right to discipline the employee in accordance with Section 17 of these Personnel Rules.

3. In the event that an employee’s absence is deemed an “automatic resignation” in accordance with this Rule, the employee shall have the same right to appeal afforded to employees who are terminated for cause under these Rules. However, an employee’s absence without notification or authorization for 24 hours or more shall be deemed just cause for termination.

SECTION 18. LEAVES OF ABSENCE
A. Effect of Leave of Absence on Employee Benefits.

1. Fully or Partially Paid Leave of Absence. Unless otherwise required by law, an employee on a leave of absence who continues to receive full compensation through the use of employee’s accrued leave banks will continue to receive full employment benefits. Such employment benefits, may include, but are not limited to, the accrual of paid leaves, and health insurance contributions, which remain at the rate the employee would receive if the employee was working the employee’s normal work schedule.
a. Employees whose time worked or use of paid leave accruals are insufficient to provide full pay for more than ¾ of the pay period will not receive the full accrual of paid leaves to which their regular work schedule would otherwise entitle them for that pay period. Such accruals shall instead be pro-rated as follows:
¾ or less, but more than ½ ¾ of usual accruals
½ or less, but more than ¼ ½ of usual accruals
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39 ¼ or less, but more than 0 ¼ of usual accruals
0 0

2. Unpaid Leave of Absence. Unless otherwise required by law, an employee on an unpaid leave of absence shall not accrue any employment benefits, including, but not limited to, the accrual of paid leaves, and health insurance contributions. In addition, the employee’s performance evaluation will be extended as stated in Section 15.

B. Industrial Illness/Injury Leave. The City will grant a leave of absence to any employee who is unable to work due to an industrial illness/injury.

1. Duration. Leave duration under this section shall continue until: a) the City determines that the employee is released to return to work by the employee’s health care provider without restrictions; b) the employee’s health care provider releases employee to work with restrictions, and the City determines that it has a reasonable accommodation for the restrictions; or c) the City receives evidence, which the City deems satisfactory, from the employee’s health care provider that the employee is unable to return with or without restrictions. The City may also terminate a leave of absence under this section if the employee retires from City employment or the employee fails to cooperate in good faith in the interactive process with the City to determine whether reasonable accommodation is available to return to work.

2. Coordination. If leave under this section is also designated as FMLA/CFRA leave of absence, the employee may coordinate any unused accumulated sick and vacation hours with any workers’ compensation insurance, long term disability, and any other wage replacement benefits, up to an amount equal to the employee’s regular salary. Employee taking leave under this section that is not designated as FMLA/CFRA, shall coordinate unused accumulated sick hours with workers’ compensation insurance, long term disability, and any other benefits provided to the employee, up to an amount equal to the employee’s regular salary.

C. Leaves of Absence Without Pay. In accordance with the procedures in this section, a temporary unpaid leave of absence for a defined period may be considered because of illness or disability, to take a course of study increasing the employee’s usefulness on return to City service, or for acceptable personal reasons.

1. Written Request. When an employee has exhausted all of the employee’s accrued paid leaves, the employee may request a leave of absence without pay in accordance with this Section. The employee must submit a written request to the City Manager for a leave of absence without pay, along with any supporting documentation. The City Manager may request further reasonable documentation in support of the employee’s request for a leave of absence without pay, including confirmation that the employee is reasonably expected to return to work with the City upon conclusion of the authorized leave period, in accordance with applicable laws.
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40 2. Mandatory Exhaustion of Paid Leaves. If an employee is requesting a leave of absence for medical reasons, the employee is required to first fully exhaust all of employee’s paid leaves in order to be eligible to receive a leave of absence without pay. If an employee is requesting a leave of absence for non-medical personal reasons, the employee is required to fully exhaust all of the employee’s paid leaves, except sick leave, in order to be eligible to receive a leave of absence without pay.

3. Authority to Grant a Leave of Absence Without Pay. The City Manager may grant a regular or probationary employee leave of absence without pay for a period not to exceed three months. After three months, the leave of absence may be extended if so authorized by the City Manager. Extensions of leaves of absence will not be granted unless, in the judgment of the City Manager, the City would not experience undue hardship from the employee’s continued absence, or the particular circumstances would otherwise justify the extension. The approval or rejection of the City Manager will be in writing and final.

4. Return to Work. Upon expiration of a regularly approved leave, the employee will be reinstated in the position held at the time leave was granted, provided such position continues to exist. An employee on leave who fails to report to duty promptly at its expiration will be subject to disciplinary action for being on an unauthorized absence and may trigger Job Abandonment provisions under Section 17.

D. Military Leave of Absence. Military leave shall be granted pursuant to state and federal law. An employee entitled to military leave shall give the employee’s Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken. Prior to taking military leave, an employee, when possible, shall present a copy of the employee’s military orders to the employee’s Department Head. The Department Head shall advise Human Resources of such military orders immediately.

E. Jury Duty. An employee who receives a summons or subpoena to appear for jury duty, must provide reasonable advance notice to the employee’s supervisor and human resources and provide a copy of the original summons to human resources. It will be the general rule to excuse employees of the City from the regular responsibilities of their positions with pay for up to twelve working days with pay when called for jury duty. (Generally, this means 120 hours for full-time employees and 90 hours for three-quartertime employees; exceptions are at the discretion of the City Manager or designee.) However, if, in the opinion of the City, the absence of the employee would result in an undue disruption of work programs, the City may direct the employee to request an exemption or postponement of jury duty. The time spent off the job by a non-exempt employee while actually serving on jury duty under the supervision of the court will be compensated for on a straight time basis, limited to the employee’s normal workday schedule, up to the limits specified herein. Exempt employees will receive full compensation for any workweek during which they perform work in accordance with the requirements of applicable wage and hour laws. Leave under this section continuing beyond twelve working days will be unpaid, however, employees may use accrued vacation leave to receive compensation.

An employee excused from jury duty prior to the completion of the employee’s normal workday must return to work. All per diem reimbursement paid to the employee by the 75 City of Duarte
Personnel Rules and Regulations
41 court during a period of paid jury service, other than mileage reimbursement, will be signed over to the City. Failure to provide court verification of jury duty attendance or reimbursement of the court per diem to the City will be cause for the City to not compensate the employee for jury duty and may lead to disciplinary action. Any compensation paid to the employee while on jury duty may be subject to repayment if the employee fails to provide court verification or reimbursement of the court per diem.

F. Voting Leave. The City encourages eligible employees to register and vote in all federal, state and local elections. Employees of the City are expected to vote prior to or following their assigned working hours. In accordance with the Election Code, Sections 14000 and 14001, if a registered voter employee does not have sufficient time outside regular working hours within which to vote at statewide elections, the employee may take off such working time as will enable the employee to vote. A maximum of two hours may be taken with pay. To receive time off for voting, the employee must notify the employee’s Department Head in advance. Employees who need Voting Leave, must take such leave at the beginning or end of the employee’s work shift, based on the needs of the Department and the employee’s schedule. The exact amount of time off work and the scheduling of time off shall be decided between the employee and the employee’s Department Head.

Employees who use Voting Leave are required to present a voter’s receipt to their Department Heads.

G. Family and Medical Care Leave. The City provides family care and medical leaves of absence in accordance with the Family Medical Leave Act (“FMLA”), the California Family Rights Act (“CFRA”), and the Pregnancy Disability Leave Law (“PDL”). The policy regarding these leaves of absence are set forth in a separate City policy.

H. Subpoenaed Absence. An employee who is subpoenaed or otherwise required under a court order to provide testimony as a witness, may receive the employee’s regular pay during the employee’s absence. An employee who receives a “Summons or Subpoena to Appear” for witness duty, must provide reasonable advance notice to the employee’s supervisor and human resources and provide a copy of the original summons to human resources.

I. Fitness for Duty Leave and Examination. Employees are expected to report to work fit for duty, which means able to perform their job duties in a safe, appropriate, and effective manner, free from adverse effects of physical, mental, emotional, and/or personal issues.

This Section is intended to provide a safe environment and protect the health and welfare of employees and the public. If an employee feels that the employee is not fit to perform the employee’s duties, the employee must notify the employee’s supervisor immediately.

1. Reasons for Fitness for Duty Leave. In the discretion of the City, an employee may be placed on a paid Fitness for Duty Leave and/or ordered to participate in a fitness for duty examination in any of the following situations:
a. An employee returns from a medical leave of absence of more than five working days.
b. An employee is involved in the interactive process with the City under Section 4.
76 City of Duarte
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42 c. Supervisor observes or receives a reliable report of an employee’s possible lack of fitness for duty. Observations and reports may be based on, but are not limited to, employee’s own self-report of potential unfitness, dexterity, coordination, alertness, speech, vision acuity, concentration, disproportionate response to criticism, and inappropriate or uncharacteristic interactions with the public, co-workers, and supervisors. d. Fitness for duty examinations based on a reasonable suspicion that an employee is under the influence of impairing drugs or alcohol shall be conducted in accordance with the City’s Alcohol and Drug Policy.

2. Procedures for Ordering a Fitness for Duty Examination. When a Supervisor becomes aware of or observes behavior that makes the Supervisor reasonably suspect that the employee may not be fit for duty, the Supervisor, shall refer the employee to Human Resources who will determine if a fitness for duty examination is appropriate, and, if so, will schedule the employee for a fitness for duty examination. If the circumstances warrant it, the Department Head may place the employee on paid leave pending the results of the employee’s fitness for duty examination. The examination shall be paid for by the City.

3. Procedure Following Receipt of Examination Results. The doctor examining the employee shall be limited to finding the employee “fit for duty” or “fit for duty with restrictions” or “unfit for duty”. In the case of finding an employee fit for duty, the doctor may issue work restrictions. In no case shall the doctor reveal the underlying cause of the fitness or unfitness for duty without the employee’s permission.
a. Fit for Duty. If the doctor finds the employee is fit for duty, the employee shall return to work immediately and perform all duties of the employee’s position.
b. Fit for Duty with Restrictions. If the doctor finds the employee is fit for duty with restrictions, the doctor shall specifically enumerate what restrictions are necessary and for how long those restrictions are necessary. The City shall then evaluate those restrictions, and determine if the City can reasonably accommodate those restrictions. If the employee’s restrictions are based on a disability as defined by the ADA and/or FEHA, the City shall engage in the interactive process as set forth in Section 4. c. Unfit for Duty. If the employee is found to be unfit for duty, the employee shall not be permitted to work. The employee may request a leave of absence in accordance with the appropriate applicable provision(s) of these Personnel Rules. If the employee can provide certification of fitness for duty prior to the exhaustion of all paid and unpaid leave that the employee is entitled to under these Personnel Rules, the employee shall be returned to work. However, if such certification is from the employee’s own health care provider, the City may request a second opinion from a doctor of its choosing and at its cost to evaluate the employee under the requirements of this Section. If the two certifications conflict, a third opinion will be sought from a doctor chosen by the City and the employee, at the expense of the City. The opinion of fit or unfit rendered by the third doctor 77 City of Duarte
Personnel Rules and Regulations
43 shall be binding. If the employee’s restrictions are based on a disability as defined by the ADA and/or FEHA, the City shall engage in the interactive process as set forth in Section 4.

J. Personnel Action Leave. The City has the right to place an employee on leave at any time with full pay. An employee may be placed on personnel action leave pending investigation of misconduct, potential disciplinary action, or other reasons that the City Manager, in City Manager’s discretion, believes warrant such leave. A personnel action leave shall not have any negative effect on the employee’s benefits. Personnel action leave may also be referred to as “Relief of Duty.” An employee assigned to personnel action leave shall be required to be available by phone during the employee’s regular working hours. In addition, employees on a personnel action leave are prohibited from entering City facilities or property or communicating with City employees, except to the extent that nonemployees may access City facilities, property, or employees. The City Manager may place other reasonable restrictions on an employee during the period of personnel action leave.

K. School Leave. The City will grant a leave of absence to an employee who is the parent, guardian, or grandparent of a child, in accordance with the following provisions.

1. Permissible Purposes:
a. To participate in the activities of the child’s primary or secondary school or licensed child care provider;
b. To find, or to enroll, or reenroll the child in, a primary or secondary school or licensed child care provider.
c. To address an emergency, such as:
i. A request from child care provider or school that the child be picked up.
ii. A provision in the attendance policy for the child care provider or school, other than a planned holiday, that prohibits the child from attending.
iii. Closure or unexpected unavailability of the child care provider or school, other than during planned holidays.
iv. A natural disaster, including, but not limited to, fire, earthquake, or flood.
d. To appear at the school of a suspended child pursuant to a request made by the child’s school under California Education Code section 48900.1.

2. An employee may take up to 40 hours of leave per calendar year, but no more than eight hours in one calendar month. However, no limit shall be placed on the amount of leave taken under section 18(K)(1)(d). If more than one City employee requests leave in connection with the same child, only the first employee to provide notice is entitled to receive leave. The second employee may also be permitted to 78 City of Duarte
Personnel Rules and Regulations
44 take a simultaneous leave of absence if the second employee obtains written supervisory approval. The amount of leave available is fixed at a maximum of 40 hours per calendar year, regardless of the number of children, grandchildren, or wards that an employee may have.

3. An employee must provide reasonable advance notice of the need for leave and must make all reasonable efforts to schedule the leave so as not to unduly disrupt the operations of the City. If an emergency makes such notice impossible, the employee shall notify the employee’s Department Head as soon as possible.

Employees returning from leave are required to provide written verification from the school or child care provider of the employee’s need for leave at the specific time and date. If an employee fails to provide sufficient verification, the City may determine that the leave time was unauthorized.

4. Leave under this section is unpaid. However, an employee may choose to use any accrued vacation time when taking leave under this section.

L. Other Paid Leaves of Absence. The City provides employees with paid leaves of absence, which may include, vacation, sick leave, bereavement leave, holidays, compensatory time off, and administrative leave. Employees should refer to the applicable memorandum of understanding for details on these leaves of absence.

SECTION 19. SEPARATION FROM SERVICE
A. Layoffs. Layoffs will be made first and primarily on the basis of merit job performance and secondly on the basis of seniority. Employees will receive notice of the layoff at least ten (10) working days prior to the effective date. Names of persons laid off shall be carried on a reemployment list for twelve (12) months. If the City restores the laid off position(s) within the twelve month period, it shall first offer the position(s) to persons on the reemployment list before using any other selection method. The name of an individual re-appointed to a permanent position of the same class shall, upon reappointment, be removed from the list. An individual who declines reemployment shall be dropped from the list.

B. Resignation. An employee wishing to leave City service in good standing will file with the Department Head or Administrative Services Director, at least two weeks before leaving the service, a written resignation stating the effective date and their reason for leaving.

Any such resignation notice received by a Department Head will be forwarded to the Administrative Services Director or designee. Failure to comply with this rule will be entered on the service record of the employee and may be cause for denying future employment by the City. The Administrative Services Director may wave the two-week notice period.

1. Employees will not be considered as “retired” from the City for purposes of any terms or conditions for City “retirees” unless the employee resigns from City service and also retires with CalPERS in accordance with applicable statutes, rules, and regulations.

C. Job Abandonment. An employee may be separated from employment if the employee is on an unauthorized leave of absence as set forth in Section 17.D. of these Personnel Rules.
79 City of Duarte
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45 D. Disciplinary Dismissal. An employee may be separated for disciplinary reasons as provided for in Section 17.

E. Death. In the event of a death of an employee, payment of all earned wages due will be in accordance with the laws of the State of California. Unless otherwise provided by law, payment of any other funds due the deceased employee will be paid to the beneficiary so designated in writing by the employee.

SECTION 20. WORKPLACE SAFETY
A. Commitment to Workplace Safety. The City is committed to providing a safe workplace for all employees. Every employee should understand the importance of safety in the workplace. By remaining safety conscious, employees can protect their own interests as well as those of their co-workers. Accordingly, the City expects all employees to take steps to promote workplace safety.

B. Injury and Illness Prevention Program. In keeping with its commitment to workplace safety, the City has adopted an Injury and Illness Prevention Program as part of its safety program. Compliance with this Program is a condition of employment, and all employees will be evaluated on their compliance with the Program. Each employee will be given a copy of the Injury and Illness Prevention Program, and a copy is maintained in Human Resources.

C. Reporting Unsafe Conditions. If an employee identifies a potentially unsafe condition or risk, the employee should immediately report the matter to the employee’s supervisor.

D. Worker’s Compensation. As required by State law, each employee will be covered for Worker’s Compensation Insurance.

1. Notification of Injury or Illness. The employee will report to their immediate supervisor and Human Resources Office any work-related injury immediately. All relevant information concerning the injury/accident will be given in a timely fashion to the Human Resources Office and to the appropriate Department Head. It will be the Department Head’s responsibility to ensure prompt medical attention according to procedures approved by the City Manager.

2. Compensation. The first two doctor’s appointments required during the course of treatment for a work injury or illness will be compensated as regular time.

Additional work time taken by employees for medical appointments due to workrelated illnesses or injuries will be fully compensated to the extent that the employee has sufficient accrued sick leave, vacation, floating holidays, administrative leave, or compensatory time off. When such time is exhausted, the employee will be entitled to no further compensation, other than worker’s compensation benefits and/or disability insurance benefits in effect at the time of occurrence or the work-related illness or injury.

3. Reporting Absences. The employee will keep the employee’s Department Head informed on a timely basis of his or her progress as evidenced by a written verification of disability and the expected date of return. 80 City of Duarte
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46 E. Drug-Free and Alcohol-Free Workplace. The City is committed to providing a work environment that is safe, healthy, and free of any effects caused by alcohol or drugs.

Violation of the City’s drug-free workplace policy can lead to disciplinary action being taken against an employee, up to and including dismissal. For more information regarding the policy, employees should review the City’s Alcohol and Drug Policy.

F. Workplace Violence Prevention. The City is strongly committed to ensuring the safety of all City employees. Consistent with this policy, acts or threats of violence, including intimidation, harassment, and/or coercion which involve or affect City employees will not be tolerated and will be subject to appropriate disciplinary action up to and including dismissal. The City’s full policy regarding workplace violence is set forth in a separate City policy.

SECTION 21. ELECTRONIC COMMUNICATIONS
A. Equipment and Systems. The City provides its employees with technology to conduct the City’s official business. In this regard, the City has installed, at substantial cost, equipment such as computers and advanced technological systems such as electronic mail (e-mail) for use to conduct its official business. The appropriate use of this equipment and systems is set forth in a separate City policy.

B. Lack of Privacy. As set forth more fully in the City’s Electronic Communications Policy, the City reserves the right to monitor all City equipment and systems, and employees have no expectation of privacy when using City equipment or systems.

SECTION 22. DISASTER AND EMERGENCY SERVICE WORKERS
A. Employees Designated as Disaster Workers. The protection of the health and safety, and the preservation of lives and property from the effects of natural, man-made, or warcaused emergencies which result in conditions of disaster or extreme peril to life, proper, and resources, is paramount to the City of Duarte. When a disaster strikes, the Duarte community looks to City employees for leadership and assistance in mitigating its effects.

The assistance of City employees is vital to ensuring that this community recovers from a disaster as quickly as possible. It is important that all City employees be available to assist in responding to disasters, regardless of the position they hold. As such, in accordance with the provisions of Government Code sections 3100 et seq., all City employees are declared to be disaster service workers.

B. Oath or Affirmation. All employees are required to take and subscribe to the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California at the commencement of their employment. The City Clerk shall maintain the oath or affirmation of all City employees for at least five years after the employee’s termination of employment.

C. Declaration of Disaster or Emergency. Upon the declaration of a disaster or an emergency, employees are required to follow direction given in accordance with the City of Duarte Emergency Management Plan.

D. Employee Disaster Responsibilities.

1. Off-Duty Procedures.
81 City of Duarte
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47 a. Employees With Pre-Designated Roles. After ensuring that their families are safe and any short-term arrangements have been made for their families' security, employees who have pre-designated emergency or disaster roles shall respond according to those established procedures. b. Employees Without Pre-Designated Roles.
i. Communication Systems Not Functioning. When the telephones or other communication devices are not functioning, employees who do not have pre-designated emergency or disaster roles should gather information from radio and television broadcasts, and comply with any instructions given for City employees. Unless an employee cannot physically report to work, all City employees are expected to report to work at their normally scheduled time after ensuring the safety and security of their own families. ii. Communication Systems Are Functioning. If the telephones or other communication devices are working, employees shall make every effort to contact their immediate supervisor for instructions as soon as possible. Unless otherwise instructed or if it is physically impossible for the employee to report to work, all City employees are expected to report to work at their normally scheduled time after ensuring the safety and security of their own families.

2. On-Duty Procedures.
a. Remain On Duty. All employees are expected to remain on duty at their normal work location or at a disaster location, unless dismissed by the proper authority designated in the City of Duarte Emergency Management Plan. Every attempt possible will be made by the City to assist each employee in communicating with the pertinent employee’s family. b. Ongoing Disasters. For disasters extending beyond the normal work day, employees are required to follow the direction and order of the property authority as designated in the City of Duarte Emergency Management Plan.

3. Employees Physically Unable to Report to Work. In the event that an employee is unable to return to work because road and transit conditions prevent travel by automobile, public transit, or other conveyance, the employee has the option to become a disaster service worker in the City where the employee resides. Any employee who cannot return to the City and serves as a disaster worker for another municipality is required to contact the personnel department of that municipality for further instructions and to obtain written documentation of the employee’s assignment. The employee is required to notify the employee’s own immediate City of Duarte supervisor of the employee’s status of working in the other municipality.
a. Compensation for Work Performed at Another Municipality. Employees who are unable to report to work during a disaster will be entitled to receive compensation from the City for the service performed at another 82 City of Duarte
Personnel Rules and Regulations
48 municipality, provided that the employee provide written proof from the other municipality of the amount of time the employee worked there. That information should be logged on the employee’s timesheet and submitted through the normal payroll process. Alternatively, the employee may present written proof from the other municipality that the employee offered the employee’s services, but that the other municipality rejected the employee’s assistance.
b. Returning to Duarte. Employees are required to communicate with their supervisor as soon as possible, and are required to return to their normal or disaster duties at the City of Duarte as soon as travel, by any reasonable means, to the City is possible.

4. Timekeeping Requirements. All employees are required to complete special timekeeping forms daily, which will keep a record of the following information:
a. The kind of disaster work performed;
b. The number of hours worked; and
c. The location where work was performed.

5. Disaster Duties. Employees shall perform those duties designated in the City of Duarte Emergency Management Plan, and any additional duties assigned by the proper authority as stated in the City of Duarte Emergency Management Plan.

Employees may perform duties outside their normal job description during a disaster.

6. Failure to Report to Work During a Disaster. An employee who fails to report to work as a disaster worker at the City of Duarte or at another municipality will be considered on unpaid leave during the duration of the emergency, and may be subject to discipline, unless the employee submits documentation that supports justification to receive paid leave.

SECTION 23. HOUSEKEEPING
Each employee will be responsible for maintaining the employee’s work area(s) in a neat and orderly manner that will enhance the public image of the City.

SECTION 24. DRESS AND GROOMING
A. General Standards. The appearance employees project to the public and others they come in contact with while at work directly reflects on the City of Duarte. In the interest of presenting a professional image to the public, the City requires all employees to observe good habits of dress, grooming, and personal hygiene. Employees must always maintain a professional image.

1. Business Casual. Non-uniformed employees are required to dress each day in business casual dress. Business casual wear is a style of dress which projects a professional, business-like image while still permitting employees to wear more casual and relaxed clothing. Business casual does not include play wear, leisure 83 City of Duarte
Personnel Rules and Regulations
49 wear, or beach wear. Clothing and footwear should be clean and in good repair.

It may not be faded, torn, frayed, or revealing.
a. Examples of appropriate business casual wear include, but are not limited to, khaki, “Docker type”, gabardine, or wool slacks; polo, collared, or shortsleeved dress shirts; twin sets; sweaters; casual dresses and skirts; and loafer, flat, or dress sandals.
b. Examples of inappropriate clothing include, but are not limited to, sweat pants, overalls, t-shirts (other than those provided by the City), sweatshirts (other than those provided by the City), halter tops, tops that are backless or have a low-cut neckline, any shirt with inappropriate language or artwork, shorts, mini-skirts, clothing that is transparent or see-through; dresses with spaghetti straps, athletic shoes, or flip flops.
c. Upon the approval of an employee’s Department Head, an employee may wear casual attire on a day other than a designated casual dress day, if the employee has been assigned a task that would be unsuited to business casual or formal business attire.

2. Formal Business Attire. Employees should always consider each day’s activities when determining what to wear. If an employee is representing the City at a meeting (including City Council and Planning Commission meetings), formal business attire should be worn.

3. Designated Casual Dress Day. Department Heads may, but are not required to, designate casual dress days, which permit employees to dress in a more casual, but still professional, style of dress. Except as expressly stated herein, all other provisions of this Article still apply. In the discretion of the Department Head, employees may be permitted to wear blue jeans; however, blue jeans must be in good condition, and cannot have any rips or tears. Employees are also permitted to wear athletic shoes as long as they are in good condition. T-shirts and sweatshirts are not permitted, with the exception of official City of Duarte t-shirts and sweatshirts that are in good repair.

4. Department Head Directives. In their sole discretion, Department Heads may require specific business-related dress.

B. Grooming. As part of the professional image presented to the public by the City, employees should appear for work in a clean, well-groomed manner.

C. Uniforms. Uniformed employees are expected to wear their uniforms when performing normal work activities, regardless of the time of day or day of the week. All uniforms are still expected to be clean and in good repair. Uniforms may generally not be worn outside working hours, but may be worn during brief stops to and from work and during breaks.

D. Safety. The City may impose additional restrictions on an employee’s attire or grooming when there are safety concerns. Any such restrictions shall be issued in writing.

E. Exceptions. The City Manager may grant exceptions to this Article if requested by an employee as a reasonable accommodation on the grounds that the application of the 84 City of Duarte
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50 Article would infringe on an employee’s protected characteristics as set forth in Section 4 of these Personnel Rules, or any other legally protected status. Such requests shall be considered in accordance with Section 4.D. of these Rules.

SECTION 25. USE OF PRIVATE EQUIPMENT/SUPPLIES
The City provides employees with all equipment reasonably necessary to perform their duties.

Employees may choose, but are not expected to, provide their own personal equipment or materials to perform assigned duties. If an employee elects to use employee-owned supplies, tools, or equipment, such use will be done at the risk of the employee. The City will not be liable for theft or damage unless the use has been specifically authorized by the City Manager, and is determined to be necessary, by the City Manager, to carrying out the duties of the employee.

SECTION 26. PROHIBITION ON SMOKING
Smoking by employees is prohibited in City facilities and public meeting areas as set forth in Chapters 5.09 and 6.20 of the Duarte Municipal Code. No smoking, use of e-cigarettes, vaping, or smokeless tobacco is allowed in any City vehicle.
85 86
RESOLUTION NO. 23-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUARTE,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PROCLAIMING

THE TERMINATION OF A LOCAL EMERGENCY
WHEREAS, a local emergency existed in the City of Duarte in accordance with Resolution No. 22-19 thereof proclaimed by the Director of Emergency Services on the 13th day of June 22, 2022, and its ratification by the City Council on the 14th day of June, 2022, as a result of conditions of extreme peril to the safety of persons and property caused by the Fish Fire which occurred on June 12, 2022.

WHEREAS, the situation resulting from said conditions of extreme peril is now deemed to be within the control of the normal protective services, personnel, equipment, and facilities of and within said City of Duarte;
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Duarte, County of Los Angeles, State of California, does hereby proclaim the termination of said local emergency.

PASSED, APPROVED, AND ADOPTED this 24th day of January, 2023. _________________________________
Jody Schulz
Mayor
APPROVED AS TO FORM:
_______________________________
Thai Viet Phan
City Attorney
ATTEST:
_________________________________
Annette Juarez
City Clerk
87 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF DUARTE )
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that Resolution 23-02 was adopted by the City Council of said City of Duarte at a regular meeting of said Council held on the 24th day of January, 2023, by the following vote:

AYES: Councilmembers:

NOES: Council members:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Annette Juarez
City Clerk
88 89
90 Rev. 1/18 Page 1 of 20 Non-Construction PSA

CITY OF DUARTE

PROFESSIONAL SERVICE AGREEMENT FOR NON-CONSTRUCTION PROJECT This PROFESSIONAL SERVICE AGREEMENT (PSA) FOR NON-CONSTRUCTION PROJECT (“AGREEMENT”), is made and effective as of ___________ 2023, between the ("CITY") City of Duarte, a municipal corporation and LPA, a corporation, ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
This AGREEMENT shall commence on __________2023 and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 31, 2023, unless sooner terminated pursuant to the provisions of this AGREEMENT.

II. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.

CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. To the extent that Exhibit A is a proposal from CONSULTANT, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to in writing.

III. PERFORMANCE
CONSULTANT shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.

IV. CITY MANAGEMENT
City’s Director of Parks & Recreation shall represent CITY in all matters pertaining to the administration of this AGREEMENT, review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to CONSULTANT.

City’s City Manager shall be authorized to act on CITY's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change CONSULTANT's compensation, subject to Section 5 hereof. 91 Rev. 1/18 Page 2 of 20 Non-Construction PSA
V. PAYMENT
A. The CITY agrees to pay CONSULTANT in accordance with the compensation for the scope of services and upon receipt of invoice as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed thirty-nine thousand dollars ($39,000.00) for the total term of the AGREEMENT unless additional payment is approved as provided in this AGREEMENT.

B. CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and CONSULTANT at the time CITY's written authorization is given to CONSULTANT for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the AGREEMENT, but in no event shall such sum exceed twenty-five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the Duarte City Council.

C. CONSULTANT will submit invoices for actual services performed.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the CITY disputes any of CONSULTANT's fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefore.

VI. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the CONSULTANT at least ten (10) days prior written notice. Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If the CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

B. In the event this AGREEMENT is terminated pursuant to this Section, the CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to the CITY. Upon termination of the AGREEMENT pursuant to this 92 Rev. 1/18 Page 3 of 20 Non-Construction PSA
Section, the CONSULTANT will submit an invoice to the CITY pursuant to Section 5.

VII. DEFAULT OF CONSULTANT
A. The CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default.

B. If the City Manager or his/her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, he/she shall cause to be served upon the CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time or fails to present the CITY with a written plan for the cure of the default, the CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT.

VIII. OWNERSHIP OF DOCUMENTS
A. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT.

CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years following project termination or completion.
93 Rev. 1/18 Page 4 of 20 Non-Construction PSA
B. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of the CITY and may be used, reused, or otherwise disposed of by the CITY without the permission of the CONSULTANT. With respect to computer files, CONSULTANT shall make available to the CITY, at the CONSULTANT's office and upon reasonable written request by the CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. CONSULTANT hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by CONSULTANT in the course of providing the services under this AGREEMENT.

IX. INDEMNIFICATION AND DEFENSE
A. Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless CITY and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or subconsultants (or any City or individual that CONSULTANT shall bear the legal liability thereof) in the performance of services under this AGREEMENT. CONSULTANT’s duty to indemnify and hold harmless CITY shall not extend to the CITY’s sole or active negligence.

B. Duty to defend
In the event the CITY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by CITY, CONSULTANT shall defend the CITY at CONSULTANT’s cost or at CITY’s option, to reimburse CITY for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by CITY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and CITY, as to whether liability arises from the sole or active negligence of the CITY or its officers, employees, or agents, CONSULTANT will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating the CITY as solely or actively negligent. 94 Rev. 1/18 Page 5 of 20 Non-Construction PSA
CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

X. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit C attached to and part of this AGREEMENT.

XI. INDEPENDENT CONSULTANT
A. CONSULTANT is and shall at all times remain as to the CITY a wholly independent consultant and/or independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against CITY, or bind CITY in any manner.

B. No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in the AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder.

XII. LEGAL RESPONSIBILITIES
The CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. The CONSULTANT shall at all times observe and comply with all such laws and regulations. The CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this Section.

XIII. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the CITY in connection 95 Rev. 1/18 Page 6 of 20 Non-Construction PSA
with the award, terms or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement.

No officer or employee of the CITY has or will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this Section shall be a material breach of this AGREEMENT entitling the CITY to any and all remedies at law or in equity.

XIV. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this AGREEMENT.

XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY's prior written authorization.

CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.

B. CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this AGREEMENT and the work performed there under or with respect to any project or property located within the CITY, unless the CITY is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless CONSULTANT is prohibited by law from informing the CITY of such Discovery. CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless CITY is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any 96 Rev. 1/18 Page 7 of 20 Non-Construction PSA
response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

XVI. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To CITY: City of Duarte
1600 Huntington Drive
Duarte, CA 91010
Attention: Director of Parks & Recreation
To CONSULTANT: LPA
5301 California Avenue, Suite 100
Irvine, CA 92617
Attention: Director of Sport + Recreation
XVII. ASSIGNMENT
The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the CITY. Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only CONSULTANT shall perform the services described in this AGREEMENT. Before retaining or contracting with any CONSULTANT for any services under this AGREEMENT, CONSULTANT shall provide CITY with the identity of the proposed CONSULTANT, a copy of the proposed written contract between CONSULTANT and such sub-consultant which shall include and indemnity provision similar to the one provided herein and identifying CITY as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed sub-consultant carries insurance at least equal to that required by this AGREEMENT or obtain a written waiver from CITY for such insurance.

XVIII. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT.
97 Rev. 1/18 Page 8 of 20 Non-Construction PSA
XIX. GOVERNING LAW
The CITY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this Agreement. Any litigation concerning this AGREEMENT shall take place in the municipal, superior, or federal district court with jurisdiction over the CITY.

XX. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this AGREEMENT or with respect to the terms and conditions of this AGREEMENT, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

XXI. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she has the authority to execute this AGREEMENT on behalf of the CONSULTANT and has the authority to bind CONSULTANT to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CONSULTANT
By:___________________
(Signature)
______________________
(Typed Name)
______________________
(Title)
City of Duarte
A Municipal Corporation
______________________
City Manager
98 Rev. 1/18 Page 9 of 20 Non-Construction PSA
ATTEST:
___________________
City Clerk
APPROVED AS TO FORM:

City Attorney
By: ______________________
Attachments: Exhibit A Scope of Services
Exhibit B Payment Schedule
Exhibit C Insurance Requirements
99 SCOPE OF SERVICES

CITY OF DUARTE

CITY AQUATIC FACILITY

PRELIMINARYASSESSMENT
1/3/2023 REVISED
Date
Client
Contact
Project
Location
Architect
Contact
January 3, 2023 Revised
City of Duarte
Mr. Manuel Enriquez
Parks and Recreation Director
City of Duarte
[email protected]
D: (626) 386-6803
C: (626) 252-8481
City Aquatic Facility
Preliminary Assessment
City Aquatic Facility
xxx
LPA, Inc. “LPA”
Arash Izadi, ASLA, LEED AP
Director of Sport + Recreation
5301 California Ave.

Suite 100
Irvine, CA. 92617
[email protected]
(949) 701-4059

PROPOSAL FOR SERVICES
The following will clarify the Scope of Services to
describe the work and documentation of The Project
and associated fees.

The City of Duarte has experienced ongoing issues
related to the pool deck including visible failures of
past surface applied treatments. These failures
may necessitate a replacement of the overall deck.

Due to the age and condition of the overall facility
and potential code related deficiencies and or
changes, the City has requested LPA provide a
limited preliminary assessment of the pool facility
to assist in preliminary planning of future
improvements and/or mitigation.

As the City has limited funds available, the
assessment requested is limited and general in
nature. It is not intended to identify program
deficiencies, or all facility needs, concerns, or
requirements. The primary focus will be the pool
deck and potential code or ADA improvements that
may be appropriate or required. Where feasible, the
existing City ADA report will be utilized to help
inform any applicable deficiencies.

EXHIBIT A

SCOPE OF SERVICES
100

SCOPE OF SERVICES I CITY AQUATIC FACIITY PRELIMINARY ASSESSMENT 1/3/2023 REVISED

SCOPE OF WORK (BASIC SERVICES)
0 - GENERAL
During the project, certain activities occur in each
phase. These activities, described below, are nonsequential and may not be applicable to all phases of the project. These activities include:

0.01 Project Administration services including:
.01 Initial consultation in development of
the Project.
.02 Preparation of compensation
estimates and professional services
agreement(s).
.03 Project-related research.
.04 Conferences.
.05 Communications.
.06 Travel time.
.07 Direction of the work of in-house
personnel.

0.02 Disciplines/Consultant
Coordination/Document Checking services
consisting of:
.01 Coordination between LPA's work
and the work of other involved
disciplines/consultants for the
Project.
.02 Review and checking of documents
prepared for the Project.

0.03 Agency Consulting/Review/Approval
services including:
.01 Research of critical applicable
regulations.

0.04 City-Supplied Data Coordination services
including:
.01 Review and coordination of data
furnished for the Project as a
responsibility of the City.
1 – PRELIMINARY ASSESSMENT SERVICES
In the Preliminary Assessment Phase, LPA, INC. shall
provide those services necessary for LPA to assist
the City in establishing general financial and time
requirements, and limitations for the Project prior to
beginning design. The following descriptions shall
apply to those services.

1.01 Project Kickoff services required to
establish the following detailed
requirements for the Project.
.01 Initial meeting to review project
process, schedule, goals, and
milestones.
.02 Review existing project information
including existing surveys, program
information, record drawings, and
other available information.

1.02 Existing Facilities Assessment services
consisting of researching, assembling,
review and identifying supplemental
information for The Project involving
potential alterations and additions to
existing facilities or determining new space
usage in conjunction with any program
changes including:
.01 Photography.
.02 Review of existing data.
.03 Generally document existing
conditions, including visible and
easily identifiable code violations,
pool related maintenance concerns,
and potential enhancements.
.04 Review pool deck and identify
potential visible deficiencies.
.05 Review of existing drawings.

1.03 Existing City ADA Study services consisting
of review of the existing report the City has
developed. Where possible and feasible, to
the level appropriate for the conceptual
study, the existing study will be utilized to
inform the assessment.

1.04 Written Report: Prepare a written report
outlining general observations and making
general recommendations for mitigation in
preparation of a future project documenting
the proposed and/or required
mitigation/improvements.

1.05 Findings: Meet with City Staff to review the
general findings and discuss potential
options for mitigation /improvement.
.01 Prepare potential option(s) for
consideration by the City, limited to
the general replacement of the
existing pool deck and ADA site
improvements with no program
change or removal and replacement
of the existing pool. Building
101

SCOPE OF SERVICES I CITY AQUATIC FACIITY PRELIMINARY ASSESSMENT 1/3/2023 REVISED
considerations will be limited to
code required changes to the
restrooms and fixture counts
required by the pool size.

3.01 Review potential Health Department impacts
and/or requirements.

3.02 Written Report: Prepare a Draft and final
written report documenting the findings of
the assessment.

1.06 Statement of Probable Construction Cost
services consisting of development of a
Rough Order of Magnitude Cost Range
highlighting the key items discussed in the
Assessment report.

1.07 Project Development Scheduling services
consisting of establishing a tentative schedule
for predesign services, decision-making,
design, documentation, contracting and
construction, based on determination of
LPA's services, City responsibilities and
proposed design and construction
procedures.

1.08 Summary of Meetings: services consisting of
meeting attendance and presentations of
Predesign Phase analyses and
recommendations by LPA, INC. as follows:
.01 One (1) – Kickoff Meeting.
.02 One (1) – Site Assessment.
.03 One (1) – Findings and ROM Review.

1.09 Summary of Deliverables:
.01 Draft Assessment Report.
.02 Final Assessment Report.
.03 Schedule.
.04 ROM Estimate.
.05 Meeting Minutes.

STANDARD ASSUMPTIONS
The following are Scope of Services assumptions:

1. ASSESSMENT: The purpose of this
Assessment is to generally identify the
overall condition of the existing pool, deck
and limited code deficiencies in the pool
utility bldg. to allow the City to address code
requirements in preparation for a more
comprehensive future project. Due to the
conceptual nature of the services noted and
the condition of the existing facilities, this
assessment is not intended to identify all
issues or provide comprehensive design
services. Additionally, the assessment of the
building is limited to Access compliance
(ADA) and fixture counts as may be required
for the pool size. The assessment is limited
to readily visible items and pool related
scope. HVAC, roof, structural, aesthetic, and
or finish related items will not be reviewed.

Items not readily visible or requiring
movement of material will not be reviewed
or identified. Detailed assessments are not
included in this scope of work.

2. FORENSICS / DESTRUCTIVE TESTING:

Destructive testing and/or forensic related
work including but not limited to the pool
structures, building equipment, deck, utilities
and any other items are not included.

Destructive testing of exiting pool and pool
related structures to confirm as built
conditions are not included in this scope of
work. Additional testing, by the City outside
of this scope of work will be required to
confirm as-built conditions, structural
integrity of the building and pool structures,
wall thicknesses, concrete reinforcement,
and compressive strengths in addition to
other items.

3. GEOTECHNICAL: Due to the condition of the
pool deck, geotechnical investigation and a
report may be required to identify soils and
our design requirements related to the pool,
deck and proposed improvements. All
geotechnical testing, investigation and/or
report are to be provided directly by the City
outside of this Scope of Work.

4. CONSULTANTS: The work of the
aforementioned disciplines and consultants
are included as part of this Scope of Services
and will be billed at their fee plus 20% for
LPA’s coordination.

5. SURVEY: City to provide an accurate
topographical survey, including legal
boundaries, spot elevations, existing
utilities, and existing and proposed
improvements, if required.

6. APPROVAL: The City’s verbal request to
commence each task constitutes approval
of prior work. Changes in subsequent work
102

SCOPE OF SERVICES I CITY AQUATIC FACIITY PRELIMINARY ASSESSMENT 1/3/2023 REVISED
will be considered additional services,
documented, and billed on an hourly basis.

7. CONSULTANTS: The work of the Architect,
Landscape Architect, Cost Estimator, and
Aquatics Consultant are included as part of
this contract. Any other necessary
consultants are in addition to the contract
and will be billed at fee, plus 20% for
coordination.

8. PROGRAM ENHANCEMENTS: Review of
the existing program and/or program
enhancements for the pool(s) or building
are not included. Review of alternate pool
sizes and or building enhancements,
changes or alternations are not included.

9. REIMBURSABLES: All project expenses shall
be reimbursed to LPA by the Owner at a
multiple of 1.10. Project expenses include,
but are not necessarily limited to, all normal
costs involving document reproduction,
plotting, deliveries, mileage, and any travel.

Unless otherwise agreed to in writing, all
governmental taxes and fees will be paid
directly by the City. These taxes and fees
are separate and are not a part of LPA’s
reimbursable allowance. Unless specifically
noted as being included in a ‘stipulated
sum’, all consultant fees shall be subject to a
multiple of 1.20.

10. RESPONSIBILITIES: LPA will be responsible
for the initial Assessment only. Design,
Construction Documents, Bid Negotiations,
and Construction Administration for the
development of the project areas as stated
on this proposal are not included in this
scope of work.

11. UTILITY COMPLIANCE: The coordination
and review of designs with any outside
agency for compliance with code
requirements and obtaining of any
necessary approvals shall be by others.

12. RATE SCHEDULE: The attached LPA hourly
rate schedule became effective January
2022, however, is subject to change without
notification.

13. ADDITIONAL SERVICES: Tasks not included
in this Scope of Services but requested by
the City shall be identified as such and billed
at an hourly rate unless a detailed scope of
services proposal is requested.

14. SPECIAL MEETINGS: Necessary preparation
time and attendance at public hearings or
agency meetings by LPA, INC. are not
within this Scope of Services.

15. DESIGN AND CONSTRUCTION
DOCUMENTS: The development of design
documents including layouts and plans, as
well as schematic design, design
development, construction documents
and/or technical specifications are not
included in this Scope of Services.

16. ADJANCENT AREAS: Assessments or review
of adjacent areas, site wide analysis or areas
outside the immediate limits of the
pool/deck are not included in this Scope of
Services.

17. MEETINGS: Where the maximum number of
meetings to be included in Architect’s
services is specified herein, Architect and
architect’s consultants agree to attend, and
participate in, as many meetings as specified
as part of the Basic Services. Meetings in
excess of those specified will be billed as
Additional Services.

18. DELIVERABLES: The preceding description
of services general outlines the activities
associated with executing each phase of
work. The necessity for, and the extent to
which, the Architect and Architect’s
consultants must commit time and resources
to any specific activity will vary depending
on the needs of the project. Consequently,
the description of services does not
represent a comprehensive list of
deliverables.

19. CONSULTATION AND COORDINATION: All
consultations and coordination not
associated with specific meetings shall be
conducting at the sole discretion of the
Architect and Architect’s consultants, and
only as necessary for the Architect and
Architect’s consultants to complete the
professional services of this agreement.

20. DOCUMENTS: Documents described in the
preceding description of services shall be
provided, as appropriate, for the needs of
the project and to a level of detail consistent
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SCOPE OF SERVICES I CITY AQUATIC FACIITY PRELIMINARY ASSESSMENT 1/3/2023 REVISED
with the standard of practice for this type of
project and for the geographical area and
regulatory jurisdiction(s) in which the project
is located.

21. PROJECT CONTROL: The Architect shall not
have control over or charge of and shall not
be responsible for construction means,
methods, techniques, sequences, or
procedures, or for safety precautions and
programs in connection with the Work, since
these are solely the Contractor’s
responsibility under the Contract for
construction. Without in any way limiting the
Architect’s responsibilities and obligations
under Title 21 of the California Code of
Regulations or the Building Standards
published by the ICBO (formerly Title 24 of
the California Code of Regulations), the
Architect shall not otherwise be responsible
for the Contractor’s schedules or failure to
carry out the work in accordance with the
Contract Documents. The Architect shall not
have control over or charge of acts or
omissions of the Contractor, Subcontractors,
or their agents or employees, or of any other
persons performing portions of the Work.
104

PROPOSED COMPENSATION
The following is the proposed compensation for the
Scope of Services identified.

Tasks 0 - 1:

Preliminary Assessment $ 39,000
Total Tasks 0 - 1 (Base Fee) $ 39,000
Reimbursable Allowance $ 3,000
Reimbursable expenses are in addition to
compensation and typically run approximately 5% -
10% of a total project fee. They include costs for
reproduction, plotting, express mailing, delivery
charges, mileage, travel, and overhead on consultant
invoices.

BASIC HOURLY RATE SCHEDULE
Principal $265.00
Director $240.00
Discipline Director $230.00
Project Director $220.00
Project Leader $185.00
Design Coordinator II $160.00
Manager $155.00
Design Coordinator I $135.00
Senior Specialist $125.00
Designer III $125.00
Specialist III $105.00
Designer II $110.00
Specialist II $95.00
Designer I $100.00
Specialist I $85.00
Intern $75.00
NOTE: These rates become effective January 2022
and are subject to change annually.

PROPOSED CONSULTANT/DISCIPLINES
Architecture: LPA
Landscape Architecture: LPA
Aquatics: Aquatic Design Group
Cost Estimating: HL CM

EXHIBIT B

PAYMENT SCHEDULE
105
Rev. 1/18 Page 17 of 20 Non-Construction PSA

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this AGREEMENT.

Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of 106
Rev. 1/18 Page 18 of 20 Non-Construction PSA
this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other 107
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requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.

City’s right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, 108
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lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 109
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ORDINANCE NO. 915

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUARTE, CALIFORNIA, ADDING CHAPTER 2.46 TO TITLE 2 OF THE DUARTE MUNICIPAL CODE “ELECTRONIC AND PAPERLESS FILING OF

CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENTS OF
ECONOMIC INTEREST” RELATING TO ELECTRONIC AND

PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION

CAMPAIGN DISCLOSURE STATEMENTS
WHEREAS, Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk; and
WHEREAS, the City of Duarte has entered into an agreement with a vendor approved by the California Secretary of State and meets the requirements set forth by Government Code Section 84615, to provide an online electronic filing system (“System”) for the California Fair Political Practices Commission campaign statements; and
WHEREAS, the System will ensure the integrity of the data and includes safeguards against efforts to temper with, manipulate, alter, or subvert the data; the System will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State’s system for receiving an online or electronic filing; the System will be available to filers and the public for viewing of filings, free of charge; and the City Clerk will operate the System in compliance with the requirements of California Government Code Section 84615 and any other applicable laws.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUARTE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The Recitals above are true and correct and incorporated herein by this reference.

SECTION 2. Government Code Section 84615 provides that a legislative body of a local government agency may adopt an ordinance that requires an elected officer, candidate, or committee to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act to file such statements, reports, or other documents online or electronically with the City Clerk.

SECTION 3. That the purpose of this Ordinance is to add the option of filing Campaign Disclosure Statements by elected officials, candidates, or committees and Statements of Economic Interest electronically. The City Council enacts this Ordinance in accordance with the authority granted to cities by state law. This Ordinance is intended to supplement, and not conflict with, the Political Reform Act.

SECTION 4. Title 2 (Administration) of the Duarte Municipal Code is amended to add Chapter 2.46 as follows:

CHAPTER 2.46 – ELECTRONIC FILING OF CAMPAIGN DISCLOSURE

STATEMENTS AND STATEMENTS OF ECONOMIC INTEREST

2.46.010 Campaign Finance Filing General
Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents (“Statements”) as required by Chapter 4 of the Political Reform Act (California Government Code Section 54100 et seq.) may file such Statements using the City Clerk’s electronic filing system (“System”) according to procedures established by the City Clerk. These procedures shall ensure that the System complies with the requirements set forth in Section 84615 of the Government Code.

This section is implemented in accordance with the authority granted to cities by state law and is intended to supplement, and not conflict with, the Political Reform Act. 112

2.46.020 Requirements
An elected officer, candidate, or committee may choose to utilize the System by electronically filing a Statement that is required to be filed with the City Clerk pursuant to Chapter 4 of the Political Reform Act. Once the elected officer, candidate, or committee has filed electronically, all subsequent Statements shall be filed electronically.

Any elected officer, candidate, or committee who has electronically filed a Statement using System, is not required to file a copy of that Statement in paper format with the City Clerk.

The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received. Such notification shall include the date and time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of the filing for a Statement filed using the System shall be the day that it is received by the City Clerk.

If the System is not capable of accepting a Statement due to technical difficulties, an elected officer, candidate, or committee shall file that Statement in paper format with the City Clerk.

2.46.030 Statements of Economic Interests Filing
Any person holding a position listed in Government Code Section 87200 or designated in the City’s local Conflict of Interest Code adopted pursuant to Government Code Section 87300 may file any required Statement of Economic Interests (Form 700) electronically using the City Clerk’s System.

SECTION 3. The City Council finds and determines that this ordinance is exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15060(c)(2), in that the adoption of this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty there is no possibility the adoption of this Ordinance will have a significant effect on the environment. In addition, the repeal is exempt under CEQA Guidelines section 15321, relating to the enforcement of a law.

SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published using the alternative summary and posting procedure authorized under Government Code Section 36933(c) by publishing the following:

After first reading of this Ordinance:

SUMMARY OF ORDINANCE NO. 915
NOTICE IS HEREBY GIVEN that the Duarte City Council, at its regular meeting of January 10, 2023, introduced for first reading, Ordinance No. 915 which will add sections 2.46.010,

2.46.020, and 2.46.030 to the Duarte Municipal Code regarding electronic filing of campaign statements and statements of economic interests.

A certified copy of the Ordinance is available for review in the City Clerk’s Office at City Hall, located at 1600 Huntington Drive, Duarte, California 91010. The Ordinance is scheduled to be considered and potentially adopted at the regularly scheduled City Council meeting of January 25, 2022. The Ordinance will take effect 30 days after second reading and adoption.

After second reading/adoption of this Ordinance, if adopted:

SUMMARY OF ADOPTED ORDINANCE NO. 915
NOTICE IS HEREBY GIVEN that on January 24, 2023, the City Council adopted Ordinance No. 915.

ORDINANCE NO. 915

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUARTE, CALIFORNIA, ADDING CHAPTER 2.46 TO TITLE 2 OF THE DUARTE 113
MUNICIPAL CODE “ELECTRONIC AND PAPERLESS FILING OF CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENTS OF ECONOMIC INTEREST”

RELATING TO ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL

PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS
I, ANNETTE JUAREZ, City Clerk of the City of Duarte, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 915 was duly passed and adopted at a regular meeting of the City Council held on January 24, 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

THE FOREGOING ORDINANCE IS PASSED, APPROVED, AND ADOPTED by a vote of no less than a majority of City Council at a regular meeting of the City Council of the City of Duarte held on the 24th day of January 2023.
______________________________________________
Jody Schulz
Mayor

APPROVED AS TO FORM
______________________________________________
Thai Viet Phan
City Attorney
ATTEST:
______________________________________________
Annette Juarez
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF DUARTE )
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that Ordinance No. 915 was adopted by the City Council of said City of Duarte at a regular meeting of said Council held on the 24th day of January 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________________________
Annette Juarez, City Clerk
City of Duarte, California
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1 January 24, 2023
The Honorable Grace Napolitano
U.S. House of Representatives
4401 Santa Anita Avenue, Suite 201
El Monte, CA 91731
Dear Congresswoman Napolitano,
On behalf of the City of Duarte, I want to express our sincerest gratitude to you and your staff for the tremendous advocacy efforts that allowed the City to receive $1.6 million in federal funding for much needed improvements to the Donald and Bernice Watson Recreational Trail.

We are incredibly excited to receive funding for this project as it will provide multiple benefits for our community and the entire region. The funded improvements will preserve and enhance the Trail as a safe, active transportation corridor that provides access to two primary schools, parks, transit, and a range of neighborhood amenities. With its gentle slopes and shady oaks trees, the Trail also draws recreation enthusiasts from across the region, and the complete reconstruction of its asphalt pathway and ADA enhancements will ensure it remains a major attraction for active transportation users. In short, the improvements in the Trial will be an investment that enhances the health, accessibility, and a sense of community both in Duarte and throughout the San Gabriel Valley.

Thank you again for your dedication to serving your district. We will forever be grateful for your support and efforts. The City of Duarte truly values our relationship with you, so if we can be of any assistance, please do not hesitate to contact us.

Sincerely,
Jody Schulz
Mayor
City of Duarte
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1 CITY OF DUARTE

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and effective as of , 2023 (“Effective Date”), by and between the City of Duarte (“City”), a California municipal corporation, and Architerra Design Group a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “party” and collectively as the “parties.” In consideration of the mutual covenants and conditions set forth herein, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows:

1. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until the tasks listed in the Scope of Work are completed, unless sooner terminated pursuant to the provisions of this Agreement. The term may be extended upon execution of a written amendment between the parties.

2. SERVICES AND PERFORMANCE
A. In compliance with all terms and conditions of this Agreement, the Consultant shall develop landscape an irrigation construction documents for a median upgrade for Huntington Drive and to provide construction administration, which services may be referred to herein as the “services” or “work” and fully descried in Exhibit A attached hereto.

B. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the work and services contemplated herein. The minimum standard of care for all professional services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.

C. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement.

Therefore, without the prior written approval of City, which may be given or withheld at City’s sole and absolute discretion, Consultant shall not (i) contract with any other entity to perform in whole or in part the services required hereunder, or (ii) transfer, assign, convey, or encumber (voluntarily or by operation of law) this Agreement.

D. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.

E. Consultant shall provide all services rendered hereunder in accordance with all 122
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ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. Each and every provision required by law to be included in this Agreement shall be deemed to be included, and this Agreement shall be read and enforced as though they were included.

3. MANAGEMENT
The City’s Community Development Director or designee shall represent City in all matters pursuant to the administration of this Agreement, review and approval of the services performed by Consultant, and the City Manager shall have the authority, subject to the limitations set forth in Section 4, to enlarge the Scope of Services or increase the compensation due to Consultant.

Consultant’s official representative in the administration of this Agreement shall be Richard Krumwiede who shall have the authority to make all decisions for Consultant and bind Consultant to the terms of this Agreement.

4. COMPENSATION
A. City agrees to pay Consultant an amount not to exceed Two hundred thirty two thousand six hundred and fifty dollars ($232,650), based on the scope of services set forth in Exhibit A.

B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given.

C. Consultant shall be paid on a monthly basis and shall submit monthly invoices/reports to City, within ten (10) days following the end of each month, showing actual services performed. Consultant shall be paid on the next regular council warrant after all required paperwork is submitted. If the City disputes whether Consultant has earned its fee or any portion, City shall give written notice to Consultant within thirty (30) days of receipt of Consultant’s monthly report stating the basis for such dispute.

5. SUSPENSION OR TERMINATION OF AGREEMENT
A. City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving not less than thirty (30) days’ prior written notice upon Consultant. Upon receipt of said notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. In the event this Agreement is suspended or terminated pursuant to this subparagraph (a), Consultant shall submit a final report to the City pursuant to Section 4, and City shall be entitled to receive a return of the fee paid to Consultant, or portion thereof, if the reason for the termination is failure by Consultant to have timely 123
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performed the services set forth in Exhibit “A.” In City’s sole and absolute discretion, prior to effecting a suspension or termination pursuant to this subparagraph (a), the City may first serve upon the Consultant a written notice of the default specifying the default and the amount of time that Consultant shall have to cure, correct, or remedy the default. In the event that the Consultant fails to cure the default within the specified period of time, the City shall have the right to immediately terminate this Agreement pursuant to subparagraph (a). Notwithstanding any other provision of this Agreement to the contrary, City’s termination of this Agreement pursuant to this subparagraph (a) shall not preclude or prejudice any other remedy to which City may be entitled in law or in equity.

B. Consultant may terminate this Agreement only due to a material breach by City, and only upon not less than thirty (30) days' prior written notice to the City which notice shall specify the material default. Upon receipt of such notice, City may, but shall not be obligated to, effect to remedy of such default.

6. RECORDS AND OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to produce an evaluation of services.

All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of six (6) years after receipt of final payment
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement (“work product”) shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant.

Consultant shall provide such items to City promptly upon completion of the Agreement. City acknowledges that such work product is not intended or represented to be suitable for use unless completed by Consultant, or for use or reuse by City or others on extensions of the services or work under this Agreement, or for any other use or purpose, without written verification or adaptation by Consultant. Any such use or reuse, or any modification of the work product, without written verification, completion, or adaptation by Consultant, as appropriate for the specific purpose intended, will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants. 124
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C. Any information gained by Consultant in the performance of this Agreement shall be considered confidential and such information and the reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly or to any other client of Consultant without the prior written approval of the City Manager.

7. INDEMNIFICATION
A. To the fullest extent permitted by law, except as set forth in subparagraph (B), Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold harmless City and City Personnel from and against any and all claims, actions, suits, claims, demands, judgments, attorneys fees, costs, damages, losses, penalties, obligations, expenses, or liabilities (“Claims”) that may be asserted or claimed by any person or entity arising out of, or pertaining to, Consultant’s negligence, recklessness, or willful misconduct, whether or not there is concurrent active or passive negligence on the part of City and/or any City Personnel, but excluding any Claims arising from the sole negligence or willful misconduct of City or any City Personnel. Consultant shall defend any action or actions filed in connection with any such claims or liabilities, and shall pay all costs and expenses, including attorneys’ fees incurred in connection therewith. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities. In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such Claims arising out of or in connection with the Work being performed or Services being provided under this Agreement, Consultant shall pay to City any and all costs and expenses incurred by City or City Personnel in such action or proceeding, together with reasonable attorneys’ fees and expert witness fees.

Consultant’s duty to defend shall consists of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault.

Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury, or arbitrator having made a determination of Consultant’s percentage of fault, the Parties agree to mediation with a neutral third-party to determine Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost requirement owed to City.

B. The provisions of this subparagraph (B) apply only if Consultant is a “design professional” within the meaning of California Civil Code section 2782.8(c). If Consultant is a “design professional,” within the meaning of Section 2782.8(c), then notwithstanding subparagraph (A), to the fullest extent permitted by law (including, without limitation, California Civil Code sections 2782 and 2782.6), Consultant shall defend (with legal counsel acceptable to City), indemnify, and hold harmless City and City Personnel from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any sub-consultant, subcontractor, or any other person 125
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directly or indirectly employed by them, or any person that any of them control, arising out of Consultant’s performance of any task or Service for or on behalf of City under this Agreement. Such obligations to defend, hold harmless, and indemnify City or any City Personnel, shall not apply to the extent that such Claims are caused in part by the sole negligence or willful misconduct of City or City Personnel. Consultant’s cost to defend City and/or City Personnel against any such Claim shall not exceed Consultant’s proportionate percentage of fault with respect to that Claim; however, pursuant to California Civil Code section 2782.8(a), in the event that one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent Consultant has a duty to indemnify City or any City Personnel under this subparagraph (B), Consultant shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant’s negligence, recklessness, or willful misconduct.

C. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether arising out of this Agreement or otherwise) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and all amounts for which City may be liable to third parties, by reason of Consultant’s negligent acts, errors, omissions, or willful misconduct, in performing or failing to perform Consultant’s obligations under this Agreement. City in its sole and absolute discretion, may withhold from any payment due to Consultant, without liability for interest, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or withhold shall not act as a waiver of Consultant’s obligation to pay City any sums Consultant owes City.

8. INSURANCE
Without limiting Consultant's indemnification of City as set forth in this Agreement, and prior to commencement of work, Consultant shall obtain, provide, and maintain, at its own expense, during the entire term of this Agreement including ,any extension thereof, policies of insurance of the type and amounts described below and in a form satisfactory to City.

A. Commercial General Liability insurance in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage.

B. Automobile insurance covering bodily injury and property damage for all activities of Consultant arising out of or in connections with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles in an amount not less than $1,000,000 combined single limit for each accident.

C. Worker’s Compensation Insurance providing statutory benefits as required by California law.
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D. Employer’s Liability Insurance with limits in an amount not less than $1,000,000.

E. Professional Liability or Errors and Omissions Insurance designed to protect against acts, errors, or omissions of Consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement.

F. All insurance policies required hereunder, except the workers’ compensation insurance, shall comply with the following requirements:
(1) All insurance shall be written by insurers that are admitted and licensed to do business in the State of California and with A.M. Best’s rating of A- or better and a minimum financial size VII in accordance with the latest edition of Best’s Key Rating Guide.
(2) The policies shall be endorsed to name City and its officers, officials, employees, agents, and volunteers as additional insureds.
(3) All of Consultant’s insurance: (i) shall contain no special limitations on the scope of protection afforded to the additional insureds; (ii) shall be primary insurance and any insurance or self-insurance maintained by the additional insureds or any of them shall be in excess of Consultant’s insurance and shall not contribute with it; (iii) shall be ““occurrence”“ rather than ““claims made”“ insurance; (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; (v) shall prohibit Consultant from waiving the right of subrogation prior to a loss except for professional liability; and (vi) shall not contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured.
(4) City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change.

G. Consultant shall renew the required coverage annually as long as City or its employees or agents face an exposure from Consultant’s operations pursuant to this Agreement. Termination of this obligation shall survive the termination or expiration of this Agreement and shall not be effective until City executes a written statement to that effect.

H. No work or services under this Agreement shall commence until Consultant has 127
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provided City with Certificates of Insurance evidencing the above insurance coverages and said Certificates of Insurance are reasonably approved by City. Certificates are to reflect that the insurer will provide thirty (30) days’ written notice to City of any cancellation of coverage. In the event any of said policies of insurance are reduced in limits or cancelled for any reason, Consultant shall, prior to the cancellation date, submit new evidence of insurance.

I. The provisions of any workers’ compensation or similar law will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.

J. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right to monitor the handling of any such claim or claims if they are likely to involve City.

9. INDEPENDENT CONSULTANT
A. Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control.

Neither City nor any of its officers, officials, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents.

Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

10. NO UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. 128
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11. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to the Agreement during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the services performed under this Agreement.

12. COVENANT AGAINST DISCRIMINATION
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

13. NONLIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer, official, employee, agent, representative, or volunteer of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

14. NOTICES
Any notices which either party may desire to give or may be required to give to the other party under this Agreement must be in writing and may be given either by (a) personal service, or (b) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (c) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

If to City: City of Duarte
Attn: Craig Hensley
1600 Huntington Drive
Duarte, California 91010
If to Consultant: Architerra, Inc.

Attn: Richard Krumweide
10221 – A Trademark Street
Rancho Cucamonga, CA 91730

15. GOVERNING LAW; ATTORNEYS’ FEES; LITIGATION MATTERS
The internal laws of the State of California, without regard to principles of conflicts of laws, shall govern the interpretation of this Agreement. In addition to any other rights or remedies, 129
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either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding anything in this Agreement to the contrary, in no event shall Consultant be entitled to economic or consequential damages or to punitive damages. In the event of any litigation arising from or related to this Agreement, the prevailing party shall be entitled to recover all reasonable costs incurred, including staff time, court costs, attorneys’ fees, expert witness fees, and other related expenses. The Superior Court of the County of Los Angeles shall have exclusive jurisdiction over any litigation between the parties hereto concerning this Agreement. Service of process on City shall be made in the manner required by law for service on a public entity. Service of process on Consultant shall be made in any manner permitted by law and shall be effective whether served inside or outside of California.

16. RIGHTS AND REMEDIES ARE CUMULATIVE; AND WAIVER
A. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

B. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

17. SEVERABILITY
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

18. INTERPRETATION; ENTIRE AGREEMENT
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, 130
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representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. If any provision of Exhibit A conflicts with the terms of this Agreement, the terms of this Agreement shall control.

19. EXECUTION OF CONTRACT
The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

20. EFFECTIVE DATE
The Effective Date of this Agreement shall be the date set next to the signature of the City Manager below, which date shall be inserted into the preamble of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF DUARTE CONSULTANT
___________________________________
By______________________________ By_________________________________ Daniel Jordan, City Manager Richard Krumwiede, President Its: ________________________________
Date:____________________________ Date:_______________________________

APPROVED AS TO FORM
_________________________________
Thai Viet Phan, City Attorney
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11 EXHIBIT “A”

SCOPE OF WORK
[SEE FOLLOWING PAGES]
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RESOLUTION NO. 23-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUARTE,

CALIFORNIA ESTABLISHING A REWARD FOR INFORMATION

LEADING TO THE APPREHENSION AND CONVICTION OF ANY

PERSON FOR THE APPLICATION OF GRAFFITI IN VIOLATION OF

THE DUARTE MUNICIPAL CODE
WHEREAS, Duarte Municipal Code (“DMC”) section 9.18.110 authorizes the City Council to establish a reward to any person who provides information leading to the identification, apprehension, and conviction of any person who violates chapter 9.18 of the DMC; and WHEREAS, DMC section 9.18.030 prohibits the willful marring, damaging, destroying, or defacing of any building or structure within the City of Duarte (“City”); and WHEREAS, DMC section 9.18.040 prohibits the application of graffiti, as defined in DMC section 9.18.020, to any publicly or privately-owned property, building, or structure within the City; and
WHEREAS, DMC section 9.18.080 imposes financial liability for all costs associated with the removal of graffiti applied to any structure, building, or property within the City; and WHEREAS, DMC section 9.18.070 holds the parents or legal guardians of minors who apply graffiti to any structure, building, or property financially liable for its removal; and WHEREAS, establishing a reward may increase the ability of the City to hold accountable those who violate DMC chapter 9.18, reduce such incidents, and thereby, increase the quality of life and safety in the City, and reduce City expenditures involved in abating graffiti; and WHEREAS, the City Council hereby finds and determines that it is in the best interest of the residents of the City to offer such an award.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUARTE DOES HERE BY RESOLVE AS FOLLOWS:

Section 1. That the City shall pay a reward of $1,000.00 (One Thousand Dollars) to any person who provides information which leads to the identification, apprehension, and conviction of any person who willfully places or causes to be placed graffiti within the City in violation of DMC chapter 9.18. No law enforcement officer, city officer, elected official or City of Duarte employee shall be eligible for this reward. Any person who engages or conspires to engage in such conduct, as well as any parent or legal guardian of a violator, shall also not be eligible for the reward. The City, in its discretion, may seek reimbursement of the reward from the offender and/or the parent(s) and/or legal guardian(s) of a minor offender by any means authorized by law. A plea of nolo contendre, conviction or plea to the offense or any lesser offense shall be considered a conviction for purposes of this Resolution. The City shall establish a process for claims, paying and tracking rewards. The City shall allocate an amount, in its discretion and dependent on availability of funds, not exceeding five thousand ($5,000) total per fiscal year for this reward program.
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Section 2. That a copy of this resolution shall be filed in the office of the City Clerk.

Section 3. That the Mayor shall sign and the City Clerk shall attest to the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 24th day of January, 2023. ______________________________
Jody Schulz
Mayor
APPROVED AS TO FORM:
_______________________________
Thai Viet Phan
City Attorney
ATTEST:
_________________________________
Annette Juarez
City Clerk
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STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.

CITY OF DUARTE }
I, Annette Juarez, City Clerk of the City of Duarte, County of Los Angeles, State of California, hereby attest to the above signature and certify that Resolution number 23-03 was adopted by the City Council of said City of Duarte at a regular meeting of said Council held on the 24th day of January, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________________
Annette Juarez
City Clerk
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