Agenda packet — Eastvale City Council, December 11, 2024 (part 5 of 6)

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Fiscal Year 2024/25 Final Levy Summary Report For:

BENEFIT ASSESSMENT DISTRICT No. 2014-2
November 202 4

1024

City of Eastvale
Fiscal Year 2024/25 Final Levy Summary Report – Benefit Assessment District No. 2014-2 1 FISCAL YEAR 2024/25 LEVY SUMMARY
On March 27, 2024, the City Council of the City of Eastvale (the “City”), under the Benefit Assessment Act of 1982 (the “1982 Act”) adopted its Resolution No. 24-17, a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of an Annual Report for Benefit Assessment District No. 2014-2 (Tracts 32821 & 32821-1) (“BAD 2014-2”) for Fiscal Year 2024/25. For district specific details, please refer to the Engineer’s Report on file with the City.

The following table provides a summary of the Fiscal Year 2024/25 final levy amount.

District
Parcel
Count
FY 202 4/2 5
Levy
BAD 2014-2 350 $4,263.00

NBS
Corina Chavez, Project Administrator
Amanda Welker, Project Manager
Adina McCargo, Client Services Director

1025

City of Eastvale
Fiscal Year 2024/25 Final Levy Summary Report – Benefit Assessment District No. 2014-2 2 FISCAL YEAR 2024/25 FINAL BILLING DETAIL REPORT

The following pages contain the Fiscal Year 2024/25 final billing detail amounts.

1026
City of Eastvale
BAD No. 2014 -2 (Tracts 32821 & 32821-1)
Final Billing Detail Report for Fiscal Year 2024/25
Assessor's Parcel
Number Site Address Total BP Grand Total
164-711-001 6148 SNAPDRAGON ST 5.0 $12.18
164-711-002 6152 SNAPDRAGON ST 5.0 12.18
164-711-003 6156 SNAPDRAGON ST 5.0 12.18
164-711-004 6160 SNAPDRAGON ST 5.0 12.18
164-711-005 6134 SNAPDRAGON ST 5.0 12.18
164-711-006 6138 SNAPDRAGON ST 5.0 12.18
164-711-007 6142 SNAPDRAGON ST 5.0 12.18
164-711-008 6146 SNAPDRAGON ST 5.0 12.18
164-711-009 6132 SNAPDRAGON ST 5.0 12.18
164-711-010 6136 SNAPDRAGON ST 5.0 12.18
164-711-011 6140 SNAPDRAGON ST 5.0 12.18
164-711-012 6144 SNAPDRAGON ST 5.0 12.18
164-711-014 6103 SNAPDRAGON ST 5.0 12.18
164-711-015 6109 SNAPDRAGON ST 5.0 12.18
164-711-016 6115 SNAPDRAGON ST 5.0 12.18
164-711-017 6113 SNAPDRAGON ST 5.0 12.18
164-711-018 6107 SNAPDRAGON ST 5.0 12.18
164-711-019 6101 SNAPDRAGON ST 5.0 12.18
164-711-020 6104 ROSEWOOD WAY 5.0 12.18
164-711-021 6110 ROSEWOOD WAY 5.0 12.18
164-711-022 6116 ROSEWOOD WAY 5.0 12.18
164-711-023 6114 ROSEWOOD WAY 5.0 12.18
164-711-024 6108 ROSEWOOD WAY 5.0 12.18
164-711-025 6102 ROSEWOOD WAY 5.0 12.18
164-711-027 13055 GOLDENROD DR 5.0 12.18
164-711-028 13061 GOLDENROD DR 5.0 12.18
164-711-029 13049 GOLDENROD DR 5.0 12.18
164-711-030 13043 GOLDENROD DR 5.0 12.18
164-711-031 13031 SNAPDRAGON DR 5.0 12.18
164-711-032 13037 GOLDENROD DR 5.0 12.18
164-711-033 13025 GOLDENROD DR 5.0 12.18
164-711-034 13019 GOLDENROD DR 5.0 12.18
164-711-036 6118 SNAPDRAGON ST 5.0 12.18
164-711-037 6122 SNAPDRAGON ST 5.0 12.18
164-711-038 6126 SNAPDRAGON ST 5.0 12.18
164-711-039 6130 SNAPDRAGON ST 5.0 12.18
164-711-040 6116 SNAPDRAGON ST 5.0 12.18
164-711-041 6120 SNAPDRAGON ST 5.0 12.18
164-711-042 6124 SNAPDRAGON ST 5.0 12.18
164-711-043 6128 SNAPDRAGON ST 5.0 12.18
164-711-044 6102 SNAPDRAGON ST 5.0 12.18
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 1 of 9 11/01/2024 03:36:45PM 1027
City of Eastvale
BAD No. 2014 -2 (Tracts 32821 & 32821-1)
Final Billing Detail Report for Fiscal Year 2024/25
Assessor's Parcel
Number Site Address Total BP Grand Total
164-711-045 6106 SNAPDRAGON ST 5.0 12.18
164-711-046 6110 SNAPDRAGON ST 5.0 12.18
164-711-047 6114 SNAPDRAGON ST 5.0 12.18
164-711-048 6100 SNAPDRAGON ST 5.0 12.18
164-711-049 6104 SNAPDRAGON ST 5.0 12.18
164-711-050 6108 SNAPDRAGON ST 5.0 12.18
164-711-051 6112 SNAPDRAGON ST 5.0 12.18
164-711-053 6121 SNAPDRAGON ST 5.0 12.18
164-711-054 6127 SNAPDRAGON ST 5.0 12.18
164-711-055 6133 SNAPDRAGON ST 5.0 12.18
164-711-056 6131 SNAPDRAGON ST 5.0 12.18
164-711-057 6125 SNAPDRAGON ST 5.0 12.18
164-711-058 6119 SNAPDRAGON ST 5.0 12.18
164-711-059 6120 ROSEWOOD WAY 5.0 12.18
164-711-060 6126 ROSEWOOD WAY 5.0 12.18
164-711-061 6132 ROSEWOOD WAY 5.0 12.18
164-711-062 6118 ROSEWOOD WAY 5.0 12.18
164-711-063 6124 ROSEWOOD WAY 5.0 12.18
164-711-064 6130 ROSEWOOD WAY 5.0 12.18
164-712-001 6068 SNAPDRAGON ST 5.0 12.18
164-712-002 6072 SNAPDRAGON ST 5.0 12.18
164-712-003 6076 SNAPDRAGON ST 5.0 12.18
164-712-004 6080 SNAPDRAGON ST 5.0 12.18
164-712-005 6078 SNAPDRAGON ST 5.0 12.18
164-712-006 6074 SNAPDRAGON ST 5.0 12.18
164-712-007 6070 SNAPDRAGON ST 5.0 12.18
164-712-008 6066 SNAPDRAGON ST 5.0 12.18
164-712-009 6052 SNAPDRAGON ST 5.0 12.18
164-712-010 6056 SNAPDRAGON ST 5.0 12.18
164-712-011 6060 SNAPDRAGON ST 5.0 12.18
164-712-012 6064 SNAPDRAGON ST 5.0 12.18
164-712-013 6062 SNAPDRAGON ST 5.0 12.18
164-712-014 6058 SNAPDRAGON ST 5.0 12.18
164-712-015 6054 SNAPDRAGON ST 5.0 12.18
164-712-016 6050 SNAPDRAGON ST 5.0 12.18
164-712-018 6070 ROSEWOOD WAY 5.0 12.18
164-712-019 6076 ROSEWOOD WAY 5.0 12.18
164-712-020 6082 ROSEWOOD WAY 5.0 12.18
164-712-021 6080 ROSEWOOD WAY 5.0 12.18
164-712-022 6074 ROSEWOOD WAY 5.0 12.18
164-712-023 6068 ROSEWOOD WAY 5.0 12.18
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 2 of 9 11/01/2024 03:36:45PM 1028
City of Eastvale
BAD No. 2014 -2 (Tracts 32821 & 32821-1)
Final Billing Detail Report for Fiscal Year 2024/25
Assessor's Parcel
Number Site Address Total BP Grand Total
164-712-025 6050 ROSEWOOD WAY 5.0 12.18
164-712-026 6056 ROSEWOOD WAY 5.0 12.18
164-712-027 6062 ROSEWOOD WAY 5.0 12.18
164-712-028 6060 ROSEWOOD WAY 5.0 12.18
164-712-029 6054 ROSEWOOD WAY 5.0 12.18
164-712-030 6048 ROSEWOOD WAY 5.0 12.18
164-712-031 6055 SNAPDRAGON ST 5.0 12.18
164-712-032 6061 SNAPDRAGON ST 5.0 12.18
164-712-033 6067 SNAPDRAGON ST 5.0 12.18
164-712-034 6065 SNAPDRAGON ST 5.0 12.18
164-712-035 6059 SNAPDRAGON ST 5.0 12.18
164-712-036 6053 SNAPDRAGON ST 5.0 12.18
164-712-038 6034 ROSEWOOD WAY 5.0 12.18
164-712-039 6040 ROSEWOOD WAY 5.0 12.18
164-712-040 6046 ROSEWOOD WAY 5.0 12.18
164-712-041 6044 ROSEWOOD WAY 5.0 12.18
164-712-042 6038 ROSEWOOD WAY 5.0 12.18
164-712-043 6032 ROSEWOOD WAY 5.0 12.18
164-712-044 6037 SNAPDRAGON WAY 5.0 12.18
164-712-045 6043 SNAPDRAGON WAY 5.0 12.18
164-712-046 6049 SNAPDRAGON WAY 5.0 12.18
164-712-047 6047 SNAPDRAGON WAY 5.0 12.18
164-712-048 6041 SNAPGRAGON WAY 5.0 12.18
164-712-049 6035 SNAPDRAGON WAY 5.0 12.18
164-712-051 6036 SNAPDRAGON ST 5.0 12.18
164-712-052 6040 SNAPDRAGON ST 5.0 12.18
164-712-053 6044 SNAPDRAGON ST 5.0 12.18
164-712-054 6048 SNAPDRAGON ST 5.0 12.18
164-712-055 6046 SNAPDRAGON ST 5.0 12.18
164-712-056 6042 SNAPDRAGON ST 5.0 12.18
164-712-057 6038 SNAPDRAGON ST 5.0 12.18
164-712-058 6034 SNAPDRAGON ST 5.0 12.18
164-712-059 6020 LIMONIUM LN 5.0 12.18
164-712-060 6024 LIMONIUM LN 5.0 12.18
164-712-061 6028 LIMONIUM LN 5.0 12.18
164-712-062 6032 LIMONIUM LN 5.0 12.18
164-712-063 6030 LIMONIUM LN 5.0 12.18
164-712-064 6026 LIMONIUM LN 5.0 12.18
164-712-065 6022 LIMONIUM LN 5.0 12.18
164-712-066 6018 LIMONIUM LN 5.0 12.18
164-713-001 13103 GOLDENROD DR 5.0 12.18
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 3 of 9 11/01/2024 03:36:45PM 1029
City of Eastvale
BAD No. 2014 -2 (Tracts 32821 & 32821-1)
Final Billing Detail Report for Fiscal Year 2024/25
Assessor's Parcel
Number Site Address Total BP Grand Total
164-713-002 13109 GOLDENROD DR 5.0 12.18
164-713-003 13097 GOLDENROD DR 5.0 12.18
164-713-004 13091 GOLDENROD DR 5.0 12.18
164-713-005 13079 GOLDENROD DR 5.0 12.18
164-713-006 13085 GOLDENROD DR 5.0 12.18
164-713-007 13073 GOLDENROD DR 5.0 12.18
164-713-008 13067 GOLDENROD DR 5.0 12.18
164-713-010 6119 ROSEWOOD WAY 5.0 12.18
164-713-011 6125 ROSEWOOD WAY 5.0 12.18
164-713-012 6135 ROSEWOOD WAY 5.0 12.18
164-713-013 6129 ROSEWOOD WAY 5.0 12.18
164-713-014 6139 ROSEWOOD WAY 5.0 12.18
164-713-015 6145 ROSEWOOD WAY 5.0 12.18
164-713-016 6155 ROSEWOOD WAY 5.0 12.18
164-713-017 6149 ROSEWOOD WAY 5.0 12.18
164-713-019 6029 ROSEWOOD WAY 5.0 12.18
164-713-020 6031 ROSEWOOD WAY 5.0 12.18
164-713-021 6039 ROSEWOOD WAY 5.0 12.18
164-713-022 6033 ROSEWOOD WAY 5.0 12.18
164-713-023 6035 ROSEWOOD WAY 5.0 12.18
164-713-024 6041 ROSEWOOD WAY 5.0 12.18
164-713-025 6043 ROSEWOOD WAY 5.0 12.18
164-713-026 6037 ROSEWOOD WAY 5.0 12.18
164-713-028 6069 ROSEWOOD WAY 5.0 12.18
164-713-029 6075 ROSEWOOD WAY 5.0 12.18
164-713-030 6083 ROSEWOOD WAY 5.0 12.18
164-713-031 6077 ROSEWOOD WAY 5.0 12.18
164-713-032 6105 ROSEWOOD WAY 5.0 12.18
164-713-033 6111 ROSEWOOD WAY 5.0 12.18
164-713-034 6115 ROSEWOOD WAY 5.0 12.18
164-713-035 6109 ROSEWOOD WAY 5.0 12.18
164-713-037 6045 ROSEWOOD WAY 5.0 12.18
164-713-038 6051 ROSEWOOD WAY 5.0 12.18
164-713-039 6055 ROSEWOOD WAY 5.0 12.18
164-713-040 6049 ROSEWOOD WAY 5.0 12.18
164-713-041 6053 ROSEWOOD WAY 5.0 12.18
164-713-042 6059 ROSEWOOD WAY 5.0 12.18
164-713-043 6071 ROSEWOOD WAY 5.0 12.18
164-713-044 6065 ROSEWOOD WAY 5.0 12.18
164-721-001 5968 LIMONIUM LN 5.0 12.18
164-721-002 5972 LIMONIUM LN 5.0 12.18
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 4 of 9 11/01/2024 03:36:45PM 1030
City of Eastvale
BAD No. 2014 -2 (Tracts 32821 & 32821-1)
Final Billing Detail Report for Fiscal Year 2024/25
Assessor's Parcel
Number Site Address Total BP Grand Total
164-721-003 5976 LIMONIUM LN 5.0 12.18
164-721-004 5980 LIMONIUM LN 5.0 12.18
164-721-005 5978 LIMONIUM LN 5.0 12.18
164-721-006 5974 LIMONIUM LN 5.0 12.18
164-721-007 5970 LIMONIUM LN 5.0 12.18
164-721-008 5966 LIMONIUM LN 5.0 12.18
164-721-009 5952 GINGER DR 5.0 12.18
164-721-010 5956 GINGER DR 5.0 12.18
164-721-011 5960 GINGER DR 5.0 12.18
164-721-012 5964 GINGER DR 5.0 12.18
164-721-013 5962 GINGER DR 5.0 12.18
164-721-014 5958 GINGER DR 5.0 12.18
164-721-015 5954 GINGER DR 5.0 12.18
164-721-016 5950 GINGER DR 5.0 12.18
164-721-018 5936 GINGER DR 5.0 12.18
164-721-019 5940 GINGER DR 5.0 12.18
164-721-020 5944 GINGER DR 5.0 12.18
164-721-021 5948 GINGER DR 5.0 12.18
164-721-022 5946 GINGER DR 5.0 12.18
164-721-023 5942 GINGER DR 5.0 12.18
164-721-024 5938 GINGER DR 5.0 12.18
164-721-025 5934 GINGER DR 5.0 12.18
164-721-026 5920 GINGER DR 5.0 12.18
164-721-027 5924 GINGER DR 5.0 12.18
164-721-028 5928 GINGER DR 5.0 12.18
164-721-029 5932 GINGER DR 5.0 12.18
164-721-030 5930 GINGER DR 5.0 12.18
164-721-031 5926 GINGER DR 5.0 12.18
164-721-032 5922 GINGER DR 5.0 12.18
164-721-033 5918 GINGER DR 5.0 12.18
164-721-035 13068 IRISBEND AVE 5.0 12.18
164-721-036 13074 IRISBEND AVE 5.0 12.18
164-721-037 13078 IRISBEND AVE 5.0 12.18
164-721-038 13072 IRISBEND AVE 5.0 12.18
164-721-039 13080 IRISBEND AVE 5.0 12.18
164-721-040 13086 IRISBEND AVE 5.0 12.18
164-721-041 13090 IRISBEND AVE 5.0 12.18
164-721-042 13084 IRISBEND AVE 5.0 12.18
164-721-044 13088 IRISBEND AVE 5.0 12.18
164-721-045 13094 IRISBEND AVE 5.0 12.18
164-721-046 13108 IRISBEND AVE 5.0 12.18
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 5 of 9 11/01/2024 03:36:45PM 1031
City of Eastvale
BAD No. 2014 -2 (Tracts 32821 & 32821-1)
Final Billing Detail Report for Fiscal Year 2024/25
Assessor's Parcel
Number Site Address Total BP Grand Total
164-721-047 13100 IRISBEND AVE 5.0 12.18
164-721-049 13105 SUGARLOAF DR 5.0 12.18
164-721-050 13099 SUGARLOAF DR 5.0 12.18
164-721-051 13087 SUGARLOAF DR 5.0 12.18
164-721-052 13093 SUGARLOAF DR 5.0 12.18
164-721-053 13089 SUGARLOAF DR 5.0 12.18
164-721-054 13083 SUGARLOAF DR 5.0 12.18
164-721-055 13079 SUGARLOAF DR 5.0 12.18
164-721-056 13085 SUGARLOAF DR 5.0 12.18
164-721-057 13077 SUGARLOAF DR 5.0 12.18
164-721-058 13071 SUGARLOAF DR 5.0 12.18
164-721-059 13067 SUGARLOAF DR 5.0 12.18
164-721-060 13073 SUGARLOAF DR 5.0 12.18
164-722-001 5878 GINGER DR 5.0 12.18
164-722-002 5882 GINGER DR 5.0 12.18
164-722-003 5886 GINGER DR 5.0 12.18
164-722-004 5890 GINGER DR 5.0 12.18
164-722-005 5888 GINGER DR 5.0 12.18
164-722-006 5884 GINGER DR 5.0 12.18
164-722-007 5880 GINGER DR 5.0 12.18
164-722-008 5876 GINGER DR 5.0 12.18
164-722-010 5862 GINGER DR 5.0 12.18
164-722-011 5866 GINGER DR 5.0 12.18
164-722-012 5870 GINGER DR 5.0 12.18
164-722-013 5874 GINGER DR 5.0 12.18
164-722-014 5872 GINGER DR 5.0 12.18
164-722-015 5868 GINGER DR 5.0 12.18
164-722-016 5864 GINGER DR 5.0 12.18
164-722-017 5860 GINGER DR 5.0 12.18
164-722-019 5846 GINGER DR 5.0 12.18
164-722-020 5850 GINGER DR 5.0 12.18
164-722-021 5854 GINGER DR 5.0 12.18
164-722-022 5858 GINGER DR 5.0 12.18
164-722-023 5856 GINGER DR 5.0 12.18
164-722-024 5852 GINGER DR 5.0 12.18
164-722-025 5848 GINGER DR 5.0 12.18
164-722-026 5844 GINGER DR 5.0 12.18
164-722-028 13048 58TH ST 5.0 12.18
164-722-029 13042 58TH ST 5.0 12.18
164-722-030 13038 58TH ST 5.0 12.18
164-722-031 13032 58TH ST 5.0 12.18
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 6 of 9 11/01/2024 03:36:45PM 1032
City of Eastvale
BAD No. 2014 -2 (Tracts 32821 & 32821-1)
Final Billing Detail Report for Fiscal Year 2024/25
Assessor's Parcel
Number Site Address Total BP Grand Total
164-722-032 13010 58TH ST 5.0 12.18
164-722-033 13016 58TH ST 5.0 12.18
164-722-034 13020 58TH ST 5.0 12.18
164-722-035 13026 58TH ST 5.0 12.18
164-722-037 13056 58TH ST 5.0 12.18
164-722-038 13050 58TH ST 5.0 12.18
164-722-039 13046 58TH ST 5.0 12.18
164-722-040 13058 58TH ST 5.0 12.18
164-722-041 13062 58TH ST 5.0 12.18
164-722-042 13068 58TH ST 5.0 12.18
164-722-043 13042 BRAMBLE ST 5.0 12.18
164-722-044 13050 BRAMBLE ST 5.0 12.18
164-722-045 13058 BRAMBLE ST 5.0 12.18
164-722-046 13062 BRAMBLE ST 5.0 12.18
164-722-047 13054 BRAMBLE ST 5.0 12.18
164-722-048 13046 BRAMBLE ST 5.0 12.18
164-722-050 13086 58TH ST 5.0 12.18
164-722-051 13080 58TH ST 5.0 12.18
164-722-052 13076 58TH ST 5.0 12.18
164-722-053 13088 58TH ST 5.0 12.18
164-722-054 13092 58TH ST 5.0 12.18
164-722-055 13098 58TH ST 5.0 12.18
164-722-056 13044 BRAMBLE ST 5.0 12.18
164-722-057 13052 BRAMBLE ST 5.0 12.18
164-722-058 13060 BRAMBLE ST 5.0 12.18
164-722-059 13056 BRAMBLE ST 5.0 12.18
164-722-060 13048 BRAMBLE ST 5.0 12.18
164-722-061 13038 BRAMBLE ST 5.0 12.18
164-723-001 5985 GINGER DR 5.0 12.18
164-723-002 5979 GINGER DR 5.0 12.18
164-723-003 5973 GINGER DR 5.0 12.18
164-723-004 5971 GINGER DR 5.0 12.18
164-723-005 5977 GINGER DR 5.0 12.18
164-723-006 5983 GINGER DR 5.0 12.18
164-723-008 13043 BRAMBLE ST 5.0 12.18
164-723-009 13037 BRAMBLE ST 5.0 12.18
164-723-010 13035 BRAMBLE ST 5.0 12.18
164-723-011 13041 BRAMBLE ST 5.0 12.18
164-723-013 5938 SILVEIRA ST 5.0 12.18
164-723-014 5942 SILVEIRA ST 5.0 12.18
164-723-015 5946 SILVEIRA ST 5.0 12.18
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 7 of 9 11/01/2024 03:36:45PM 1033
City of Eastvale
BAD No. 2014 -2 (Tracts 32821 & 32821-1)
Final Billing Detail Report for Fiscal Year 2024/25
Assessor's Parcel
Number Site Address Total BP Grand Total
164-723-016 5944 SILVEIRA ST 5.0 12.18
164-723-017 5940 SILVEIRA ST 5.0 12.18
164-723-018 5936 SILVEIRA ST 5.0 12.18
164-723-020 5969 GINGER DR 5.0 12.18
164-723-021 5963 GINGER DR 5.0 12.18
164-723-022 5957 GINGER DR 5.0 12.18
164-723-023 5955 GINGER DR 5.0 12.18
164-723-024 5961 GINGER DR 5.0 12.18
164-723-025 5967 GINGER DR 5.0 12.18
164-723-027 5952 SILVEIRA ST 5.0 12.18
164-723-028 5958 SILVEIRA ST 5.0 12.18
164-723-029 5964 SILVEIRA ST 5.0 12.18
164-723-030 5962 SILVEIRA ST 5.0 12.18
164-723-031 5956 SILVEIRA ST 5.0 12.18
164-723-032 5950 SILVEIRA ST 5.0 12.18
164-723-034 5863 GINGER DR 5.0 12.18
164-723-035 5859 GINGER DR 5.0 12.18
164-723-036 5855 GINGER DR 5.0 12.18
164-723-037 5853 GINGER DR 5.0 12.18
164-723-038 5857 GINGER DR 5.0 12.18
164-723-039 5861 GINGER DR 5.0 12.18
164-723-041 5858 SILVEIRA ST 5.0 12.18
164-723-042 5862 SILVEIRA ST 5.0 12.18
164-723-043 5866 SILVEIRA ST 5.0 12.18
164-723-044 5864 SILVEIRA ST 5.0 12.18
164-723-045 5860 SILVEIRA ST 5.0 12.18
164-723-046 5856 SILVEIRA ST 5.0 12.18
164-723-048 5968 SILVEIRA ST 5.0 12.18
164-723-049 5974 SILVEIRA ST 5.0 12.18
164-723-050 5980 SILVEIRA ST 5.0 12.18
164-723-051 5978 SILVEIRA ST 5.0 12.18
164-723-052 5972 SILVEIRA ST 5.0 12.18
164-723-053 5966 SILVEIRA ST 5.0 12.18
164-724-001 5855 SILVEIRA ST 5.0 12.18
164-724-002 5853 SILVEIRA ST 5.0 12.18
164-724-003 5863 SILVEIRA ST 5.0 12.18
164-724-004 5861 SILVEIRA ST 5.0 12.18
164-724-005 5869 SILVEIRA ST 5.0 12.18
164-724-006 5871 SILVEIRA ST 5.0 12.18
164-724-007 5879 SILVEIRA ST 5.0 12.18
164-724-008 5877 SILVEIRA ST 5.0 12.18
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 8 of 9 11/01/2024 03:36:45PM 1034
City of Eastvale
BAD No. 2014 -2 (Tracts 32821 & 32821-1)
Final Billing Detail Report for Fiscal Year 2024/25
Assessor's Parcel
Number Site Address Total BP Grand Total
164-724-009 5885 SILVEIRA ST 5.0 12.18
164-724-010 5887 SILVEIRA ST 5.0 12.18
164-724-012 5921 SILVEIRA ST 5.0 12.18
164-724-013 5919 SILVEIRA ST 5.0 12.18
164-724-014 5927 SILVEIRA ST 5.0 12.18
164-724-015 5929 SILVEIRA ST 5.0 12.18
164-724-016 5937 SILVEIRA ST 5.0 12.18
164-724-017 5935 SILVEIRA ST 5.0 12.18
164-724-018 5943 SILVEIRA ST 5.0 12.18
164-724-019 5945 SILVEIRA ST 5.0 12.18
164-724-021 5953 SILVEIRA ST 5.0 12.18
164-724-022 5951 SILVEIRA ST 5.0 12.18
164-724-023 5959 SILVEIRA ST 5.0 12.18
164-724-024 5961 SILVEIRA ST 5.0 12.18
164-724-025 5969 SILVEIRA ST 5.0 12.18
164-724-026 5967 SILVEIRA ST 5.0 12.18
164-724-027 5975 SILVEIRA ST 5.0 12.18
164-724-028 5977 SILVEIRA ST 5.0 12.18
164-724-029 5985 SILVEIRA ST 5.0 12.18
164-724-030 5983 SILVEIRA ST 5.0 12.18
164-724-031 5991 SILVEIRA ST 5.0 12.18
164-724-032 5993 SILVEIRA ST 5.0 12.18
1,750.0 $4,263.00350 Accounts
Slight variances may occur due to rounding
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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 12.10
December 11, 2024
Adop'on of Ordinance Approving the First Amendment to
Development Agreement No. 003 between the City and The New Home Company
Prepared By:

Gustavo N. Gonzalez, Community Development Director
Recommended Action(s)
Staﬀ recommends that the City Council adopt the ordinance to approve the First Amendment to Development Agreement No. 003 entitled:

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 003 ADOPTED BY ORDINANCE NO. 22-05 BY AND BETWEEN THE CITY OF EASTVALE AND THE NEW HOME COMPANY RELATED TO THE 158.6-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF HAMNER AND

LIMONITE AVENUES COMMONLY KNOWN AS THE LEAL PROPERTY
Summary
The terms of the Development Agreement between the City and the TNHC (“DA”) contemplates that the par>es would enter into an Op>on Agreement for the transfer of approximately 16 acres of land at the corner of Limonite and Hamner Avenues to develop the City’s future civic center (Lots 5 and J) and commercial downtown core (Lot 3). However, the par>es were unable to agree on ﬁnal terms of the Op>on and have been in discussions regarding alterna>ves to the Op>on. This First Amendment to Development Agreement (“First Amendment”)(
A3achment 2
) requires TNHC to transfer Lots 5
and J to the City within 10 days of the date that the adop>on ordinance becomes eﬀec>ve and removes the minimum amount of commercial space that must be constructed within the Mixed Use 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Areas of the project. The First Amendment would not increase the amount of housing units currently allowed. The par>es are s>ll discussing alterna>ves to the Op>on with respect to Lot 3. For the sake of expediency and so that the construc>on of the civic center is not delayed, the par>es agreed to move forward with an amendment addressing Lots 5 and J with a second amendment an>cipated soon addressing Lot 3. The request is consistent with the Eastvale General Plan 2040 and the Leal Master Plan. If adopted, the ordinance approving the First Amendment to Development Agreement No. 003 will become effective on January 10, 2024, 30 days from City Council adoption.

Background
On May 11, 2022, the City Council adopted an amendment to the Leal Master Plan and approved the DA with TNHC to facilitate the development of up to 2,500 residen>al units, 14 acres of parks and open space, 595,000 square feet of commercial development, and the City’s future civic center including a city hall, library and innova>on center, police sta>on, public park, civic plaza, and ﬁre sta>on on approximately 158.6 acres of a former dairy and agricultural site known as the “Leal Property”. The terms of the DA contemplated an op>on agreement on approximately 16 acres of land at the corner of Limonite and Hamner Avenues, which will encompass the civic center and downtown commercial core of the project.

On August 26, 2022, TNHC closed escrow on Phase A of the 158-acre project, which includes up to 758 residen>al units to be constructed by TNHC. Phase A also includes the approximately 16-acre op>on downtown core parcels where the City’s future civic center will be located and up to 495,000 square feet of commercial space (
A3achment 3
). The civic center uses will be located on
approximately seven (7) acres while the commercial component will encompass approximately nine (9) acres (the “Commercial Core”).

On September 4, 2024, TNHC closed escrow on Phase B of the project, which includes up to 694 residen>al units to be constructed by TNHC and Quarterra. An en>tlement applica>on for Phase B was submitted on August 20, 2024, which is currently under review.

On November 13, 2024, the City Council introduced the ordinance to approve the First Amendment to Development Agreement No. 003.

Analysis
Development Agreement Amendment

The City and TNHC were unable to agree on ﬁnal terms of the Op>on Agreement contemplated by the DA for the transfer of Lots 3, 5 and J. The City and TNHC are nego>a>ng modiﬁca>ons to the DA that address the consequences of the failure to enter into the Op>on. For the sake of expediency so that the City can move forward with the construc>on of the civic center, the par>es agreed to move forward with a DA amendment addressing Lots 5 and J for the civic center, and a future amendment to the DA will address the Commercial Core (Lot 3).

This First Amendment removes the minimum amount of commercial space that must be constructed within the Mixed Use Areas of the project and allows the City to proceed with development and construc>on of the civic center envisioned for Lots 5 and J by requiring TNHC to convey Lots 5 and J to the City within 10 days of the date that the adop>on ordinance is eﬀec>ve.

Section 3.3.4 of the DA provides that:
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a
.
the Mixed Use Area Plan for the Mixed Use Areas shall show either land area accommoda>on for or actual non-residential square footage equal to a FAR of 0.10 of the applicable lot, and b
.
if a Mixed Use Area Plan shows accommodation for or actual non-residential square footage in excess of 0.10 FAR, then such excess may be credited to and applied against the FAR requirement for other Mixed Use Areas in the form of a reduction in the FAR requirement.

Since the approval of the DA, the City has undertaken further market analysis that supports elimina>ng this requirement for the Mixed Use Areas to provide more ﬂexibility for the development of the Mixed Use Areas, including the ﬂexibility to facilitate the construc>on and opera>on of a new, highly desirable specialty retailer within the Mixed Use Areas that has expressed interest in loca>ng in the City on approximately 2.13 acres of land located at the northwest corner of Limonite Avenue and Bootsma Boulevard known as Lot 63 of Tract Map No. 38594 (“Lot 63”) (
A3achment 4
). Elimina>ng this requirement would also promote the success of the future commercial uses within the Commercial Core by concentra>ng the market support into a singular commercial project. The City has determined that:

a
.

Mixed Use Areas are deemed “mixed-use” because non-residen>al uses are permiLed in the Mixed Use Areas,
b
.

Accommoda>ng the poten>al for a specialty retailer on Lot 63 sa>sﬁes all non-residen>al development that may be required or envisioned within the Mixed Use Areas, c
.

With the excep>on of Lot 63, the Mixed Use Areas may be developed solely as residen>al developments, and commercial or mixed-use development shall not be required within the remaining por>ons of Leal Master Plan planning area 2 (Lot 2 of Tenta>ve Tract Map No. 38290 and Lot 62) or within Leal Master Plan planning areas 4 and 10 (Lots 4 and 10 of Tentative Tract Map No. 38290), and
d
.

The exis>ng cap on residen>al development would be maintained and there would not be an increase in the number of housing units currently allowed.

The First Amendment also clariﬁes the >melines for Developer’s conveyance of Lots 5 and J to the City, requiring the Developer to convey Lots 5 and J within 10 (ten) days of the date that the adoption ordinance becomes effective.

As part of the First Amendment, TNHC agrees to nego>ate in good faith with a primary specialty retailer to enter into a purchase and sale agreement to sell Lot 63 to the retailer for the purpose of construc>ng and opera>ng a new specialty retail store within the City. The First Amendment also grants the City an exclusive right to nego>ate (“ERN”) to enter into a purchase and sale agreement for the purchase of Lot 63 in the event that the primary specialty retailer retracts from the sale of Lot 63.

Consistency with the General Plan and Leal Master Plan

Sec>on 120.09.060 (Procedure) of the Eastvale Municipal Code requires the Planning Commission and City Council to review and determine whether the proposed development agreement amendment is consistent with the City’s General Plan and any other applicable specific plan.

The City Council adopted the Eastvale 2040 General Plan update (“Eastvale 2040”) on March 27, 2024. Eastvale 2040 designates the Leal property as “Downtown West Policy Area”, which is 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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envisioned as the center piece of Eastvale’s future downtown. The property is intended to provide for a range of housing, retail, restaurants, hospitality, entertainment, and civic uses in a walkable urban environment. Up to 2,500 units with a range of housing types up to 40 dwelling units per acre is allowed. Non-residential uses can range from .25 to 1.5 Floor Area Ratio (FAR).

Goal LU-4.2 of Eastvale 2040 states: Implement the master plan for the city-controlled land within the Downtown West Policy Area that includes civic uses, a variety of outdoor spaces, oﬃce, residential, and retail uses within a walkable outdoor environment.

The First Amendment to the Development Agreement supports Goal LU-4.2 as it will maintain the ability bring a highly desirable specialty retailer to the Mixed Use Areas of the Leal Master Plan while delivering land to the City to develop the future civic center. The First Amendment also maintains the exis>ng cap on residen>al development and the ability to develop the Mixed Uses Areas with a variety of outdoor spaces, oﬃce, residen>al, and retail uses within a walkable outdoor environment, therefore, it is consistent with Eastvale 2040.

The Leal Master Plan (“LMP”) applies a minimum FAR of 0.10 to Planning Areas 2, 4, and 10 of the Land Use Plan (
A3achment 5
), resul>ng in a minimum requirement of approximately 102,575 square feet in these Areas. However, the LMP gives the City discre>on to administra>vely reduce this minimum square footage requirement without the need for a Master Plan amendment if the City determines it would like addi>onal commercial square footage under the 595,000 square foot cap on Lot 3 or if speciﬁc building design and/or site use warrants less square footage. As such, the First Amendment is consistent with LMP.

Environmental
The original cer>ﬁed Programma>c Environmental Impact Report (PEIR) for the Leal Master Plan concluded that impacts from the original project would result in signiﬁcant unavoidable impacts in Transporta>on/ Traﬃc, Air Quality and Noise. The City Council determined that the beneﬁts of the project outweighed the signiﬁcant unavoidable impacts and adopted a Statement of Overriding Considera>ons. An Addendum to the Cer>ﬁed PEIR for the Leal Master Plan (State Clearinghouse No. 2015031028) for up to 2,500 residen>al units and 595,000 square feet of commercial space including a hotel, a civic center (City Hall, Library, Police Sta>on) and Fire Sta>on, (the “Project”) was approved on May 11, 2022, by the City Council in conjunc>on with the amendment to the Leal Master Plan.

The purpose of the Addendum was to analyze any poten>al diﬀerences between impacts iden>ﬁed in the cer>ﬁed Final PEIR and poten>al impacts that may be associated with the proposed Project.

Sec>ons 21166 and 15162 of the California Environmental Quality Act (CEQA) iden>fy the condi>ons for prepara>on of an addi>onal environmental document when the Lead Agency has previously cer>ﬁed an EIR. The Addendum to the PEIR consists of an environmental analysis and eleven technical studies: Air Quality/GHG/Energy Impact Study; Biological Assessment; Cultural and Paleontological Resources Assessment; Preliminary Geotechnical Evalua>on; Environmental Site Assessment (Phase I and Limited Phase II); Preliminary Hydrology Analysis; Preliminary Water Quality Management Plan; Noise Impact Study; Traﬃc Study; Sewer System Development Analysis; and a Water Supply Assessment.

Pursuant to Sec>on 15162 of the CEQA Guidelines, it is the independent judgement of the Lead 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Agency that the First Amendment will not result in any new or more signiﬁcant impacts to the environment other than those which have already been assessed under the Addendum to the Certified PEIR for the Leal Master Plan and no further environmental review is required.

Strategic Plan Action - Priority Level: 1
| Target #: E
| Goal #: A

1. Develop and Construct Civic Center

2. Create “Destination Eastvale” with high quality and unique businesses

3. Attract and retain businesses
Fiscal Impact
The First Amendment eliminates TNHC’s obliga>on to construct a minimum amount of nonresiden>al uses on Lots 2/4/10 of Tenta>ve Tract Map 38290, originally planned for approximately 103,000 square feet. In exchange, TNHC has created a 2.13-acre parcel on Lot 2 that will accommodate a specialty retailer of approximately 15,000-25,000 square feet. Market studies performed by the City determined that the Project could not support the amount of commercial space designated in the approved Leal Master Plan. Kosmont Companies (April 29, 2022) es>mated the original project would produce a net ﬁscal impact at build out to the General fund of $1,213,700.

Assuming a net reduc>on of 80,000 square feet of commercial space using average factors applied in the Kosmont report, the poten>al revenue loss to the General Fund is es>mated at $200,000 per year. It is important to note that this poten>al revenue loss is considered "worst case" and a true revenue loss would likely not occur given that current market condi>ons would not support the development of 103,000 square feet of commercial space on Lots2, 4, and 10.

Prior City Council/Commission Action
On December 13, 2017, the City Council approved the Leal Master Plan and associated Environmental Impact Report.

On May 11, 2022, the City Council approved an amendment to the Leal Master Plan and entered into a Development Agreement with The New Home Company to facilitate the development of the Leal Master Plan, including the opportunity to nego>ate an op>on for the City to acquire and develop the 16-acre civic center and commercial core area.

On October 16, 2024, the Planning Commission found the First Amendment to Development Agreement No. 003 by and between the City of Eastvale and The New Home Company consistent with the Eastvale General Plan 2040 and the Leal Master Plan, and recommended City Council approval of the First Amendment to Development Agreement No. 003.

On November 13, 2024, the City Council introduced the ordinance to approve the First Amendment to Development Agreement No. 003 and found the amendment consistent with the Eastvale General Plan 2040 and the Leal Master Plan.

Attachment(s)
Attachment 1 - Ordinance Adopting Development Agreement First Amendment

Attachment 2 - DA Amendment and SLUR

Attachment 3 - Leal Master Plan Phase A

Attachment 4 - Tract Map No. 38594

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,

CALIFORNIA, APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 003 ADOPTED BY ORDINANCE NO. 22-05 BY AND BETWEEN THE CITY OF EASTVALE AND THE NEW HOME COMPANY, RELATED TO THE 158.6-

ACRE SITE LOCATED AT THE NORTHWEST CORNER OF HAMNER AND LIMONITE

AVENUES COMMONLY KNOWN AS THE LEAL PROPERTY
THE CITY COUNCIL OF THE CITY OF EASTVALE ORDAINS AS FOLLOWS:

SECTION 1: ENVIRONMENTAL FINDINGS
The City Council of the City of Eastvale, in light of the whole record before it, including, but not limited to, the City’s local CEQA Guidelines and thresholds of significance, the Leal Master Plan Program Environmental Impact Report (PEIR), the Addendum to the PEIR approved May 11, 2022, and other documents incorporated therein by reference, any written comments received and responses provided, and other substantial evidence, within the meaning of Public Resources Code Sections 21080(e) and 21082.2, within the record and/or provided at the public hearing, hereby finds, determines, and certifies that the First Amendment to Development Agreement No. 003 proposes no substantial changes to the project, there are no substantial changes to the circumstances under which the project is undertaken, and there is no new information of substantial importance related to the project’s environmental impacts, mitigation measures or alternatives that trigger the need for a subsequent EIR to be prepared for the project pursuant to CEQA Guideline 15162.

Evidence. The First Amendment to Development Agreement No. 003 modifies the timing and manner of the conveyance of Lots 5 and J to the City but makes no changes with respect to the proposed physical development of those lots. The First Amendment to Development Agreement No. 003 also relieves the developer of the minimum non-residential or commercial square footage requirement within the Mixed Use Areas to provide more flexibility, but does not alter the maximum development capacity for the project site or change the permitted uses and development type within the Mixed Use Area from what was analyzed by the PEIR and the Addendum to the PEIR approved on May 11, 2022.

SECTION 2. DEVELOPMENT AGREEMENT AMENDMENT FINDINGS
Finding 1. The development agreement is consistent with the General Plan and any applicable Specific Plan.

Evidence. The First Amendment to Development Agreement No. 003 facilitates development contemplated in the Leal Master Plan Amendment and the General Plan goal to develop the Leal property as a civic center and mixed-use commercial development. As such, the First Amendment to Development Agreement No. 003 is consistent with the General Plan. 1042
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Finding 2. For development agreements including a subdivision, the agreement provides that any map prepared for the subdivision will comply with Section 66473.7.

Evidence. Section 2.9 of Development Agreement No. 003 provides that any final map shall comply with Government Code Section 66473.7.

SECTION 3. APPROVAL OF FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 003 The First Amendment to Development Agreement No. 003 is approved as shown in Exhibit A attached hereto and incorporated herein by reference.

SECTION 4. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its adoption by the City Council.

SECTION 6. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c).

PASSED, APPROVED AND ADOPTED this 11th day of December, 2024. __________________________________
Mayor
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APPROVED AS TO FORM: ATTEST:
________________________________ __________________________________ Erica Vega Marc Donohue
City Attorney City Clerk
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Ordinance No. 24-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 11th day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
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EXHIBIT A
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Eastvale
12363 Limonite Ave. Suite 910
Eastvale, CA 91752
Attn: City Clerk
Space Above Line for Recorder’s Use Only
Exempt from Recording Fees per Gov’t Code § 6103, 27383

FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 003

By and Between

CITY OF EASTVALE
and

THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC ET AL
______________, 2024

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FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 003
This First Amendment to Development Agreement No. 003 (“First Amendment”), dated __________, 2024, is entered into by and between the CITY OF EASTVALE, a California municipal corporation (“ City”), THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC, a Delaware limited liability company (“ Developer”), ARROYO CAP III-2, LLC, a Delaware limited liability company (“Arroyo Cap III”), ARROYO CAP IV-2, LLC, a Delaware limited liability company ( “Arroyo Cap IV,” and together with Arroyo Cap III, “Arroyo”) and QMC Eastvale Holdings I, LLC, a Delaware limited liability company (“Quarterra”). The City, Developer, Arroyo and Quarterra are sometimes referred to individually as a “ Party” and collectively as the “Parties ” throughout this Agreement.

RECITALS
A. The City and Developer entered into Development Agreement No. 003, dated May 11, 2022 and recorded with the Official Records of Riverside County as Document No. 2022-0334458 (“Agreement”) for the development of certain real property generally located at the northwest corner of Hamner and Limonite Avenues. The Agreement permits development, pursuant to the Leal Master Plan, o f the Project. All capitalized terms used and not otherwise defined in this First Amendment shall have the same meaning as in the Agreement unless this First Amendment expressly modifies the meaning of the term.

B. Subsequent to the approval of the Agreement, Arroyo, a Land Banking Entity, acquired portions of the Property from Property Owner (known as phases 1 and 2), Developer acquired portions of the Property from Arroyo (portions of phases 1 and 2) and Quarterra acquired Lot 62 of Tract Map No. 38594 (“ Lot 62”) (portion of phase 1) from Developer.

Property Owner, Developer, Arroyo and Quarterra each hold legal or equitable interests in portions of the Property. The final map for Tract No. 38594 was approved and recorded in the Official Records of the County of Riverside in book 494, pages 87 through 115 of Maps (“ Tract Map No. 38594”).

C. Developer and Arroyo Cap III entered into a Partial Assignment and Assumption of Development Agreement No. 003 dated August 26, 2022 and recorded as Document No. 2022-0374728 (regarding phase 1 and with Developer as “assignor” and Arroyo Cap III as “assignee”), a Partial Assignment and Assumption of Development Agreement No. 003 dated March 29, 2024 and recorded as Document No. 2024-0092855 (regarding portions of phase 1 and with Arroyo Cap III as “assignor” and Developer as “assignee”), a Partial Assignment and Assumption of Development Agreement No. 003 dated August 16, 2024 and recorded as Document No. 2024-0247911 (regarding Lot 62 within phase 1 and with Arroyo Cap III as “assignor” and Developer as “assignee”) and a Partial Assignment and Assumption of Development Agreement No. 003 dated September 24, 2024 and recorded as Document No. 2024-0288662 (regarding portions of phase 1 and with Arroyo Cap III as “assignor” and Developer as “assignee”) . Developer and Quarterra entered into a Partial Assignment and Assumption of Development Agreement No. 003 dated September 9 , 2024 and recorded as Document No. 2024-0272950 (regarding Lot 62 within phase 1 and with Developer as “assignor” and Quarterra as “assignee”) . Developer and Arroyo Cap IV entered into a Partial Assignment and Assumption of Development Agreement No. 003 dated September 4, 2024 and 1048
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recorded as Document No. 2024-0267352 (regarding portions of phase 2 and with Developer as “assignor” and Arroyo Cap IV as “assignee”).

D. Property Owner owns the portion of the Property legally described on Exhibit A-1 attached hereto (known as phase 3) and has provided notarized written consent to the terms of this First Amendment and t he recordation hereof, attached hereto as Exhibit A.

E. Agreement Section 3.3.4 provides that (a) the Mixed Use Area Plan for the Mixed Use Areas shall show either land area accommodation for or actual non-residential s quare footage equal to a FAR of 0.10 of the applicable lot, and (b) if a Mixed Use Area Plan shows accommodation for or actual non-residential square footage in excess of 0.10 FAR, then such excess may be credited to and applied against the FAR requirement for other Mixed Use Areas in the form of a reduction in the FAR requirement. Since the approval of the Agreement, further market analysis has been done that supports eliminating this requirement for the Mixed Use Areas to provide more flexibility for the development of the Mixed Use Areas, including the flexibility to facilitate the construction and operation of a new, highly desirable specialty retailer within the Mixed Use Areas that has expressed interest in locating in the City on approximately

2.13 acres of land located at the northwest corner of Limonite Avenue and Bootsma Boulevard known as Lot 63 of Tract Map No. 38594 (“Lot 63”). Eliminating this requirement may a lso promote the success of the future commercial uses w ithin the Commercial Core. City has determined that (a) Mixed Use Areas are deemed “mixed-use” because non-residential us es are permitted in the Mixed Use Areas and (b) with the exception of Lot 63, the Mixed Use Areas may be developed solely as residential developments, and commercial or mixed-use development may be allowed but shall not be required within the remaining portions of Leal Master Plan planning area 2 (Lot 2 of Tentative Tract Map No. 38290 and Lot 62) or within Leal Master Plan planning areas 4 and 10 (Lots 4 and 10 of Tentative Tract Map No. 38290).

F. The parties were unable to agree on final terms of the Option and decided to not approve or enter into the Option. Additionally, while Developer and City disagree on whether Agreement Section 3.4 condition (a) was satisfied, Developer has agreed to convey Lot 5 (also known as Lot 65 of Tract Map No. 38594) and Lot J (also known as Lot S of Tract Map No. 38594) to the City, subject to the Declaration of Special Land Use Restrictions (“SLUR Declaration”) attached hereto as Exhibit “B” and incorporated herein by reference, in order for the City to proceed with development and construction of the City’s city hall, library, police station, public space, public park, open space and/or other community serving, civic or public uses envisioned for Lot 5 and Lot J. This First Amendment c larifies the timelines for Developer’s conveyance of Lots 5 and J to the City.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the above Recitals and of the mutual covenants and agreements hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto do hereby covenant and agree as follows:
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1. Mixed Use Areas.

1.1 There shall be no minimum non-residential or commercial square footage requirement applicable to the Mixed Use Areas (Leal Master Plan planning area 2 (Lot 2 of Tentative Tract Map No. 38290, also known as Lot 62 and Lot 63) and Leal Master Plan planning areas 4 and 10 (Lots 4 and 10 of Tentative Tract Map No. 38290)), nor a requirement to show land area accommodation for non- residential or commercial square footage within such areas. Neither non-residential nor commercial uses are required to be constructed within the Mixed Use Areas (Leal Master Plan planning area 2 (Lot 2 of Tentative Tract Map No. 38290, Lot 62 and Lot 63) and Leal Master Plan planning areas 4 and 10 (Lots 4 and 10 of Tentative Tract Map No. 38290)), which may be developed solely as residential developments, except for Lot 63 which, if developed, shall contain only commercial uses.

1.2 Section 3.8 is added to the Agreement to read as follows:
“3.8 Specialty Retailer. Prior to the approval of the First Amendment to the Agreement, a specialty retailer (“ Primary Specialty Retailer”) expressed interest in acquiring Lot 63 of Tract Map No. 38594 consisting of approximately 2.13 acres within Leal Master Plan planning area 2 located at the northwest corner of Limonite Avenue and Bootsma Boulevard (“Specialty Retail Location ”). Developer agrees to negotiate in good faith with Primary Specialty Retailer to enter into a purchase and sale agreement, which purchase and sale agreement shall be in a form and on terms determined by Developer in its sole discretion, to sell Lot 63 to Primary Specialty Retailer for the purpose of constructing and operating a new specialty retail store within the City. If Developer and Primary Specialty Retailer are unable to reach agreement on the terms of conveyance, then Developer shall provide written notice to the City that it has satisfied its obligations under this Section 3.8 and detailing the efforts made and reasons why negotiations did not result in a successful sale of Lot 63 to the Primary Specialty Retailer, whereupon Developer agrees to provide the City with an exclusive right to negotiate (“ERN”) to enter into a purchase and sale agreement, which purchase and sale agreement shall be in a form and on terms determined by both parties in t heir respective sole discretion, for the purchase of Lot 63. The ERN shall expire if the parties have not fully negotiated and executed a definitive purchase and sale agreement within a period of 60 days from the date of the written notice (“ ERN Period”). Developer and City shall negotiate in good faith during the ERN Period. If the City and Developer do not enter into a purchase and sale agreement by the conclusion of the ERN Period, then the ERN shall automatically expire, Developer’s obligations under this Section 3.8 shall be deemed satisfied, and then Developer may sell Lot 63 to a third party proposing to develop Lot 63 with a permitted or conditionally permitted use under the Leal Master Plan.”

2. Civic Center Land Dedications or Conveyances.

2.1 Developer shall (i) grant, dedicate or otherwise convey Lot 5 (also known as Lot 65 of Tract Map No. 38594) to City in fee simple subject to the SLUR Declaration and (ii) grant, dedicate or otherwise convey Lot J (also known as Lot S of Tract Map No. 38594) to City in fee simple subject to the SLUR Declaration within ten (10) days of the date the ordinance 1050
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a
dopting the First Amendment becomes effective. City shall promptly and unconditionally accept Developer’s grant, dedication or conveyance of Lot J (also known as Lot S of Tract Map No. 38594) and Lot 5 (also known as Lot 65 of Tract Map No. 38594) and cooperate with Developer in such grant, dedication or conveyance, including but not limited to by executing, acknowledging and recording the SLUR Declaration with a City executed certificate of acceptance attached to the conveyance document. City determined that title to Lot J and Lot 5 is not subject to monetary liens or easements that materially and adversely impact or prohibit City’s ability to use the land for public purposes, and Developer shall not cause or permit a further encumbrance of Lot J (also known as Lot S of Tract Map No. 38594) or Lot 5 (also known as Lot 65 of Tract Map No. 38594) that materially and adversely impacts or prohibits City’s ability to use the land for public purposes or shall cause any such new encumbrance to be removed.

Developer shall cause to be provided to City a standard coverage owner’s policy of title insurance (2006) in an amount equal to the value of the land dedicated. Upon Developer’s grant, dedication or other conveyance of Lot J (also known as Lot S of Tract Map No. 38594) and Lot 5 (also known as Lot 65 of Tract Map No. 38594) to the City , Developer shall receive credit from the City on an acre per acre basis applied against and credited towards the Project’s park and recreation dedication requirements in accordance with Section 4.1.6.1.

3. Notices. Notices to Developer in accordance with DA Sections 3.3.1 and 10.9 shall also be sent to Michael Battaglia ( [email protected] ).

4. Interpretation. This First Amendment shall be interpreted to give each of the provisions their plain and fair meaning. The Recitals set forth above are incorporated into this First Amendment. The section headings used herein are solely for convenience and shall not be used to interpret this First Amendment. The Parties acknowledge that this First Amendment is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since all have participated in the negotiation and drafting of this First Amendment, this First Amendment shall not be construed as if prepared by one of the Parties, but rather according to its plain and fair meaning as a whole, as if all Parties had prepared it.

5. Integration . This First Amendment contains the entire agreement between the Parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the Parties.

6. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment, the Agreement, the Existing Development Approvals or the Existing Land Use Regulations, the provisions of this First Amendment shall control.

7. Severability. If any term, provision, condition or covenant of this First Amendment or its application to any Party or circumstances shall be held by a court of competent jurisdiction, to any extent, invalid or unenforceable, the remainder of this First Amendment, or the application of the term, provision, condition, or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law unless the rights and obligations of the Parties have been materially altered or abridged thereby. 1051
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8. S
tatus of Agreement. Except as modified by this First Amendment, the terms and provisions of the Agreement shall remain in full force and effect.

9. Counterparts. This First Amendment may be signed in counterparts by the Parties hereto , each of which shall constitute an original and which collectively shall constitute one instrument.

10. Authority. Each of the persons signing this First Amendment hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of the Party for which he or she is signing.
[Signatures on the following page]
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IN WITNESS WHEREOF, the Parties hereto have affixed their signatures to this First Amendment as of the date and year indicated below and effective as of the date and year first above written.
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THE NEW HOME COMP ANY SOUTHERN

CALIFORNIA, LLC
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EXHIBIT A-1

PROPERTY OWNER CONSENT LEGAL DESCRIPTION (PHASE 3)

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EXHIBIT B

FORM OF SLUR DECLARATION

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RECORDING REQUESTED BY

_________________ Title Company

AND WHEN RECORDED MAIL TO:

JACKSON | TIDUS
2030 Main Street, Suite 1500
Irvine, California 92614
Attn: Sarah Kleinberg, Esq.
(7444-127654)

APN: _______________ SPACE ABOVE THIS LINE FOR RECORDER’S USE

DECLARATION OF SPECIAL LAND USE RESTRICTIONS

[Lots 65 and “S” of Tract No. 38594]

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TABLE OF CONTENTS
ARTICLE I. GENERAL PROVISIONS; DEFINITIONS ............................................................. 2

1.1 Acknowledgement of General Purposes ................................................................. 2 (a) Project ......................................................................................................... 2 (b) Allocation of Entitlements by Declarant..................................................... 2 (c) Purpose ........................................................................................................ 2

1.2 Definitions and Capitalized Terms ......................................................................... 3 ARTICLE II. GENERAL AND SPECIFIC USE RESTRICTIONS .............................................. 6

2.1 Use Restrictions ...................................................................................................... 6 (a) Unapproved Development or Use ............................................................... 6 (b) Environmental Covenants ........................................................................... 6 (c) No Changes to Subdivision or Development Conditions ........................... 7 (d) Development Conditions; MMRP and Conditions of Approval................. 7 (e) Construction Easement ............................................................................... 8 (f) Site Maintenance and Repair ...................................................................... 8 (g) Security Requirements; Prevention and Repair of Damage ....................... 9 (h) Construction Vehicles and Haul Route Restriction .................................. 10

2.2 Grantee Improvements Requirements................................................................... 11 (a) Development ............................................................................................. 11 (b) Governmental Approvals .......................................................................... 11 (c) Off-Street Parking ..................................................................................... 12 (d) Development Impact Fees......................................................................... 12 (e) Construction Requirements ....................................................................... 12 (f) Site Maintenance Prior to Improvements ................................................. 13 (g) Utilities ...................................................................................................... 13 (h) SWPPP ...................................................................................................... 13 ARTICLE III. ENFORCEMENT OF RESTRICTIONS .............................................................. 14

3.1 General Purpose and Constructive Notice ............................................................ 14

3.2 Default and General Remedies ............................................................................. 14 (a) Equity ........................................................................................................ 15 (b) Damages .................................................................................................... 15 (c) Declaratory Relief ..................................................................................... 15 (d) Abatement ................................................................................................. 15 ARTICLE IV. INDEMNITY OBLIGATIONS ............................................................................ 15

4.1 Comprehensive Indemnity of Declarant ............................................................... 15

4.2 Release and Waiver............................................................................................... 16

4.3 Limitation .............................................................................................................. 16

4.4 Survival of Covenants ........................................................................................... 16 1061
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ii

4.5 Development Agreement ...................................................................................... 17 ARTICLE V. MISCELLANEOUS PROVISIONS ...................................................................... 17

5.1 Waiver ................................................................................................................... 17

5.2 Advances by Declarant ......................................................................................... 17

5.3 Legal Costs............................................................................................................ 17

5.4 Rights of Lenders .................................................................................................. 18

5.5 Assignment by Declarant ...................................................................................... 18

5.6 Termination or Amendment .................................................................................. 18

5.7 Captions ................................................................................................................ 18

5.8 Invalidity of Provision .......................................................................................... 18

5.9 Notices .................................................................................................................. 18

5.10 Application to Declarant ....................................................................................... 19

5.11 Time of Essence .................................................................................................... 19

5.12 Other Restrictions ................................................................................................. 19

5.13 Covenants Run with the Land ............................................................................... 20

5.14 Counterparts .......................................................................................................... 20

5.15 Incorporation of Exhibits ...................................................................................... 20

5.16 Dispute Resolution; Arbitration ............................................................................ 20 (a) Informal Resolution .................................................................................. 20 (b) Formal Resolution. .................................................................................... 20

5.17 Further Assurances................................................................................................ 22

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TABLE OF EXHIBITS AND SCHEDULES

EXHIBITS

EXHIBIT A - Legal Description of the Subject Parcel
EXHIBIT B - Legal Description of the Benefited Property EXHIBIT C - Requirements and Restrictions for Developer Improvements EXHIBIT D - Civic Center Site Plan

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DECLARATION OF SPECIAL LAND USE RESTRICTIONS
[Lots 65 and “S” of Tract No. 38594]

THIS DECLARATION OF SPECIAL LAND USE RESTRICTIONS (this “SLUR Declaration”) is made as of ____________, 20___, by and between THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC, a Delaware limited liability company (“Declarant”), and CITY OF EASTVALE, a California municipal corporation (in its capacity as grantee of the Subject Parcel, “Grantee”), with reference to the following facts:

RECITALS
A. Concurrently herewith and immediately prior hereto, Declarant conveyed to Grantee that certain real property situated in the City of Eastvale, Riverside County, California, more particularly described i n Exhibit A attached hereto and by this reference incorporated herein (collectively, the “Subject Parcel”).

B. The Subject Parcel comprises a portion of the land (the “Project Site”) that is being developed as a master planned community (the “Project”) as more fully described in that certain Development Agreement No. 003 by and between the City of Eastvale (in its capacity as the municipal authority, the “ City”) and The New Home Company Southern California LLC, a Delaware limited liability company dated as of May 11, 2022 (the “Development Agreement ”). Pursuant to that certain First Amendment to Development Agreement No. 003 dated November ___, 2024 (the “DA First Amendment”) Declarant agreed to dedicate or otherwise convey the Subject Parcel to Grantee instead of entering into the purchase option transaction described in Sections 3.2, 3.4 and 4.1.6 of the Development Agreement.

C. Declarant and certain of its affiliates are the master developers of the Project. As a condition to conveyance of the Subject Parcel , Declarant and Grantee are executing and entering into this SLUR Declaration for the benefit of Declarant and the Declarant Parties, and for the benefit and protection of those portions of the Project owned by the Declarant Parties more particularly described in Exhibit B attached hereto and by this reference incorporated herein (the “Benefited Property”).

D. Grantee has agreed that any development of the Subject Parcel shall proceed only in accordance with the covenants, conditions, rights, restrictions and limitations described herein (the “ Restrictions”), and Declarant is conveying the Subject Parcel to Grantee on the basis of Grantee’s agreement with respect to the development of the Subject Parcel and the construction and use of the Grantee Improvements thereon.

E. But for such covenants and representations by Grantee under this SLUR Declaration, Declarant would not have agreed to convey the Subject Parcel to Grantee. Instead, Declarant either would have retained ownership and developed the Subject Parcel itself or would have conveyed the Subject Parcel to another party for development in accordance with Declarant’s long-range master planning program for the Project. 1064

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F. Grantee has agreed that development of the Subject Parcel and use of the Grantee Improvements thereon shall be limited to (i) civic center improvements including, without limitation, a city hall, library, police station, fire station, a community center, or community arts or recreation facilities or comparable community serving, civic, or public uses, or (ii) public park facilities (collectively, “Public Uses”).

NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by Grantee, the parties hereto agree as follows:

ARTICLE I.

GENERAL PROVISIONS; DEFINITIONS

1.1 Acknowledgement of General Purposes.
(a) Project. Grantee acknowledges that Declarant and the Declarant Parties are, collectively, the master developers of the Project in the City , and are owners of portions thereof, including the Benefited Property. Among the distinguishing characteristics of the Project are the clear delineation of use areas throughout, together with the exercise of architectural and design controls over individual construction projects, so as to (a) ensure harmonious growth and development within the Project , (b) implement Declarant ’s and the Declarant Parties’ intentions and visions for the Project , and (c) maximize the value of Declarant’s and the Declarant Parties’ remaining landholdings and development rights .

Declarant determined to convey the Subject Parcel and transfer of the Property to Grantee (including, without limitation, the right to develop, occupy and use the Subject Parcel) subject to the covenants, duties, restrictions and limitations set forth in this SLUR Declaration. (b) A
llocation of Entitlements by Declarant . Grantee further acknowledges that it is vitally important to Declarant and the Declarant Parties that the density of development and uses of improvements be limited on those parcels of property (including the Subject Parcel) that Declarant and each Declarant Party from time to time may elect to convey to third parties.

Should the development limitations imposed by Declarant and the Declarant Parties be exceeded by any owner of real property within the Project , (i) Declarant’s and the Declarant Parties’ entitlements and rights to develop the balance of the Project could be adversely impacted in a material respect , (ii) roadways, utilities and other infrastructure improvements servicing the Project and its environs could be over-utilized (leading to undesirable traffic congestion and land use imbalances within the Project ), (iii) existing entitlements already transferred to third parties could be adversely affected, and (iv) the Development Conditions and other requirements of Governmental Authorities on which development of the Project is conditioned could be violated. (c) P
urpose . It is to promote these purposes and avoid the adverse impacts that this SLUR Declaration is made, and it is the intention of the parties that it will be in furtherance of said purposes that the Restrictions and all other declarations supplemental hereto will be understood and construed.
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1.2 Definitions and Capitalized Terms. Unless otherwise defined below or elsewhere in this SLUR Declaration, initially capitalized terms used herein shall have the meanings ascribed thereto in the Development Agreement and the DA First Amendment:
“Applicable Law” means any federal, state or local statute, rule, regulation, requirement, initiative, ordinance, action or policy, and common law applicable to the Subject Parcel, the Project or the Grantee (and each or any of its successors or assigns). “Benefited Property” shall have the meaning ascribed to that term in Recital D. “Business Day” shall mean any day other than a Saturday, Sunday, a F ederal holiday, or a California State holiday.
“City” means the City of Eastvale, California, and each and all of its officials, departments, commissions and agencies.
“Declarant” shall mean THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC, a Delaware limited liability company , and all successors, assigns or designees who shall assume from Declarant the obligations, and to whom Declarant shall specifically assign in writing Declarant’ s rights under these Restrictions, including, without limitation, the right to enforce these Restrictions.
“Declarant Parties” shall mean Declarant and each of its affiliates, members, shareholders, partners, officers, directors, employees, agents and representatives. “Development Agreement” means and refers to the Development Agreement described in Recital C, as the same may be amended, modified or supplemented by the City and Declarant from time to time.
“Development Conditions” means and refers to all those certain documents and instruments governing and regulating development of the Project (including, without limitation, the Subject Parcel), including without limitation, the following: (a) the Development Agreement, as amended or supplemented (including by the DA First Amendment) ; (b) the Leal Master Plan Amendment No. 1, adopted by the Eastvale City Council on May 25, 2022, as the same may be amended from time to time (the “Master Plan Amendment”), (c) the Tentative Tract Map for Tract No. 38290, approved by the City Council on May 11, 2022 and Tentative Tract Map for Tract No. 38594, approved by the City on October 18, 2023 (collectively, the “Tentative Tract Maps”) (d) Major Development Review No. PLN22 -20020-DR 001, approved by the City Council on May 11, 2022 a nd Major Development Review No. PLN22 -20087 through -20092, approved by the City on October 18, 2023 (collectively, the “ Major Development Reviews ”), (e) the Conditions of Approval for the Master Plan Amendment, Tentative Tract Maps and Major Development Reviews (collectively, the “Conditions of Approval,” (f) the Environmental Impact Report (SCH# 2015031028) certified by the City Council on December 13, 2017, the Addendum to the EIR approved by the City Council on May 11, 2022 (collectively, the “EIR”) and the Mitigation Monitoring and Reporting Program (the “ MMRP”). Grantee acknowledges that the Development Conditions include provisions and measures that affect all phases of the development, including design, construction, and operation; therefore, Grantee’s compliance with the Development Conditions, as they may be amended or supplemented, will be required 1066

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prior to, during and subsequent to construction of the Grantee Improvements on the Subject Parcel.
“Expiration Date” shall mean, to the extent it is made to expressly apply to a restriction contained herein, the period of time that commences on the date this SLUR Declaration is recorded (the “Recording Date ”) and expires on the date (the “Expiration Date ”) that is the earlier of (a) the tenth (10th) anniversary following the City’s issuance of a certificate of occupancy pursuant to which an aggregate of ninety percent (90%) of the total number of residential units allowed under the Development Conditions has been approved by the City for occupancy, (b) the fifth (5th) anniversary following expiration (or earlier termination) of the Development Agreement, or (c) December 31, 2045.
“Final Map” shall mean that certain map of Tract No. 38594 filed for record on March 15, 2024, in Book 494, Pages 87 through 115, inclusive, of Maps in the Office of the County Recorder of the County of Riverside, State of California. “Governmental Approvals” shall have the meaning ascribed to that term in Section 2.2(b).
“Governmental Authorit y” shall mean any and each f ederal, state, regional, c ounty, city or local governmental or quasi -governmental body, agency, department, board, commission or bureau, or any entity or instrumentality thereof, having jurisdiction over the whole or any portion of the Subject Parcel, the Project or the subject matter of this SLUR Declaration. “Grantee” shall mean the Grantee identified in the Recitals and each and every successor, assign, owner, lessee, licensee or other occupant during its ownership or occupancy of the Subject Parcel or any portion thereof or interest therein, as the context may require. “Grantee Alternative Proposal ” shall have the meaning ascribed to that term in Section 2.2(b)(ii).
“Grantee Improvements” shall mean and refer to the Grantee Improvements intended to be constructed on the Subject Parcel by Grantee during the first ten (10) years following execution of this SLUR Declaration.
“Hazardous Substances” means any substance or material that is described as a toxic or hazardous substance, waste, material, pollutant, contaminant or infectious waste, or words of similar import, or any other words which are intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, or reproductive toxicity and includes, without limitation, asbestos and asbestos containing materials, petroleum (including crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or any mixture thereof), petroleum products, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive matter, medical waste, otherwise regulated materials and chemicals which may cause cancer or reproductive toxicity, which is or becomes designated, classified or regulated as being “toxic ” “hazardous” or similarly designated, classified or regulated under any Hazardous Substa nces Laws pertaining to such substance or materials. The term “Hazardous Substance” shall include, without limitation, any substances defined as or listed as a “hazardous substance,” “hazardous 1067

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material,” “toxic substance,” “petroleum,” “carcinogen,” “pollutant,” “contaminant,” “asbestos,” “asbestos materials” or “waste” in any of the Hazardous Substances Laws. “Hazardous Substances Laws ” means any federal, state or local laws, rules or regulations (whether now existing or hereafter enacted or promulgated) governing, regulating or setting restrictions concerning the manufacture, use, storage, handling, release, treatment or disposal of a Hazardous Substance, including, without limitation, the Federal Water Pollution Control Act (33 U.S.C. §§1251, et seq. ), Hazardous Materials Transportation Act (49 U.S.C. §§ 1801, et seq. ), Resource Conservation and Recovery Act (42 U.S.C. §§ 6901, et seq.), Safe Drinking Water Act (42 U.S.C. §§ 3000(f), et seq. ), Toxic Substances Control Act (15 U.S.C. §§ 2601, et seq. ), Clean Air Act (42 U.S.C. §§ 7401, et seq. ), Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§ 9601, et seq. ), United States Department of Transportation Hazardous Materials Table (49 CFR 172.101), California Health & Safety Code (§§ 25100, et seq. , §§ 25300, et seq. , §§ 39000, et seq. ), the California Porter-Cologne Water Quality Control Act, California Water Code (§§ 13000, et seq.), California Labor Code (§ 6501.7 and § 9004), California Civil Code (§ 2929.5), all as heretofore and hereafter amended, or any judicial or administrative interpretation of such laws, rules or regulations.
“Official Records” shall mean the official records of the Office of the County Recorder of the County of Riverside, State of California.
“Person” shall mean a ny individual, corporation, limited liability company, limited partnership, general partnership, joint stock company, joint venture, association, company, trust, bank, trust company, land trust, business trust or other organization, whether or not a legal entity, and any Governmental Authority, and their respective successors and assigns. “Project” shall have the meaning ascribed to that term in Recital B. “Public Uses” shall have the meaning ascribed to that term in Recital F. For purposes of clarification, the fact that the Subject Parcel developed for Public Use will have Grantee Improvements that contain ancillary commercial or retail uses (e.g., a coffee shop or sundries store within the civic center), will not change the use designation of the Subject Parcel or the Grantee Improvements containing such ancillary uses as a “Public Use” for purposes of this SLUR Declaration.
“Recording Date” shall have the meaning ascribed to that term in Section 2.1. “Restrictions” shall have the meaning ascribed to that term in Recital D. “Specifically Prohibited Uses” shall have the meaning ascribed to that term in Exhibit C.
“Subject Parcel” shall have the meaning ascribed to that term in Recital A. “Unavoidable Delay” shall mean any acts of God, war, riots or civil disturbance, extreme inability to obtain labor or materials, pandemics, imposition or modification of governmental regulations or controls which could not have been reasonably anticipated by the 1068

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performing party as of the date hereof, injunction, moratorium, prohibition or any other measure, rule, regulation, decree, order or restriction, issued by a Governmental Authority, that prevents Grantee from obtaining (i) building or other permits for the construction, use or occupancy of the Grantee Improvements, (ii) connection to, or the provision of, public utilities, or other similar matters or causes beyond the reasonable control of the party responsible for performing such work or other act.

ARTICLE II.

GENERAL AND SPECIFIC USE RESTRICTIONS
The covenants, restrictions and limitations contained in this Article II shall bind the Subject Parcel through the Expiration Date or until released by the Declarant (or such party to whom the Declarant’s rights hereunder have been assigned in accordance herewith) , unless otherwise specified herein.

2.1 Use Restrictions . The violation of any of the following shall, at Declarant’s option, constitute a default hereunder and a breach of the Restrictions, which shall entitle Declarant to exercise any of the rights and remedies herein described. (a) U
napproved Development or Use. Unless expressly approved by Declarant, which approval may be withheld by Declarant in its sole and absolute discretion and which restriction shall continue in perpetuity, Grantee shall not permit the following:
(i) The commencement of construction, maintenance, operation or use of any structure or improvements on the Subject Parcel not in compliance with all requirements of law or as contained in these Restrictions and in any other recorded covenants, conditions, rights, restrictions and limitations existing at the time this SLUR Declaration is recorded and covering the Subject Parcel, including without limitation all architectural approval requirements and use restrictions contained in such documents; or
(ii) More specifically, any use of the Subject Parcel that is either a “prohibited use,” or is not expressly included as a “permitted use” as set forth in Exhibit C to this SLUR Declaration or that otherwise violates these Restrictions. (b) E nvironmental Covenants. Grantee covenants that it will not cause or permit any Hazardous Substances (as defined below) to be stored, transported or otherwise held on, under or about the Subject Parcel , or by any of its tenants, occupants, licensees or invitees in any manner that violates Environmental Laws. Grantee and its tenants shall be permitted to use Hazardous Substances in compliance with Environmental Laws to the extent such Hazardous Substances are used in the ordinary course of operations for building maintenance and general janitorial use or in connection with the use of the Subject Parcel in accordance with the requirements of this SLUR Declaration. Grantee shall at all times observe and satisfy the requirements of and maintain the Subject Parcel in compliance with all federal, state or local laws, statutes, ordinances, consent decrees, orders, rules or regulations pertaining to the use of the applicable portion of the Subject Parcel and concerning occupational health, industrial hygiene, occupational or environmental conditions on, under or about the Subject Parcel , or the 1069

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regulation or protection of the environment, including ambient air, soil, soil vapor, ground water, surface water, and/or land use. Should Grantee at any time default in or fail to perform or observe any of its obligations under this paragraph and such default materially impacts any other portion of the Project or could result in the imposition of owner/operator liability on Declarant or any or Declarant Parties , then (after the expiration of applicable notice and cure periods) Declarant shall have the right, but not the duty, in addition to the rights set forth below, to perform the same, and Grantee agrees to pay to Declarant or Declarant Parties, on demand, one hundred percent (100%) of all actual costs and expenses incurred by Declarant (or any Declarant Parties) in connection therewith, including without limitation reasonable attorneys’ fees, together with interest from the date of expenditure at the rate of interest equal to the lesser of ten percent (10%) per annum, or the maximum rate of interest permitted by law, until such amount is paid in full. Notwithstanding the foregoing, Declarant and Grantee agree that (a) the presence of Hazardous Substances in the soil, soil gas and groundwater on and beneath the Subject Parcel as of the Recording Date (and/or the remediation thereof, if necessary) is not considered to be stored, transported or otherwise held on the Subject Parcel as those terms are used in this provision, and (b) Grantee shall have no liability to Declarant for any Hazardous Substances existing on or under the Subject Parcel as of the Recording Date. (c) No Changes to Subdivision or Development Conditions. Grantee shall not process any change or amendment to the Final Map or any other recorded subdivision or parcel map covering the Subject Parcel or record any subdivision or parcel map relating to the Subject Parcel or any portion thereof or facilities thereon, pursuant to California Government Code Sections 66410 et seq., or any similar statute hereafter enacted, and any local ordinances adopted pursuant thereto, nor shall Grantee file any applications with any G overnmental Authority with respect to any of the foregoing matters, if such change or amendment is made to facilitate a use or development of the Subject Parcel in violation of or inconsistent with the Restrictions, the Development Conditions or other covenants in this SLUR Declaration. Notwithstanding the foregoing, Grantee may effectuate lot line adjustments if (i) such lot line adjustment is with respect to only the Subject Parcel (and not any other portion of the Project), (ii) is consistent with the Restrictions in this SLUR Declaration, and (iii) such lot line adjustment does not result in a change or amendment to, or materially adversely affect, the zoning, entitlements or development of the balance of the Project. Prior to commencing a process for any such lot line adjustment, Grantee shall submit such lot line adjustment to Declarant, and Declarant shall have thirty (30) days thereafter to determine whether such lot line adjustment satisfies the provisions of the immediately preceding sentence. Grantee agrees that it will not oppose , and shall reasonably cooperate with Declarant, in establishing or modifying any supplemental or existing Development Conditions as Declarant may negotiate with the City. (d) D
evelopment Conditions; MMRP and Conditions of Approval. Grantee shall comply with the Development Conditions for the length of time required by each of the agreements, documents or instruments constituting the Development Conditions. The Development Agreement, the Conditions of Approval and the MMRP include provisions and measures that affect all phases of the development and use, including design, construction, and operation; and further, compliance with the Development Conditions will continue to be required by Grantee prior to, during and subsequent to construction of the Grantee Improvements on the Subject Parcel. Grantee shall not seek to process any change or amendment to the Development Conditions, or any element thereof, covering the Subject Parcel or any other portion of the 1070

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Project without the prior written consent of Declarant, which may be granted or withheld in Declarant’s sole and absolute discretion.
(e) Construction Easement. If Declarant notifies Grantee that it requires an easement, from time to time, over, under and/or across certain areas within the Subject Parcel (as such exist from time to time) , the exact location of which shall be subject to the approval of Grantee in its reasonable discretion, for construction, installation, use and maintenance of utilities to serve the Project (including, without limitation, gas, electric, water, telephone, storm drain, sewer, fiber optic cable, sprinklers, reclaimed water, traffic signal infrastructure, and data transport cabling as such may evolve over time), then Grantee shall, within ten (10) Business Days following the giving of written request therefor by Declarant in accordance with the notice provisions under Section 5.9 below, execute, cause to be notarized, and deliver to Declarant an instrument, in recordable form, granting to Declarant a non- exclusive easement in an area reasonably acceptable to Grantee and Declarant, which instrument shall be in a form reasonably acceptable to Grantee and Declarant, and to any public utility or Governmental Authority with relevant jurisdiction therefor. Any perpetual easement shall include, without limitation, that (A) the easement shall not unreasonably interfere with (I) ingress and egress to and from the Subject Parcel or the Grantee Improvements thereon, (II) the use of the Subject Parcel by Grantee, its tenants or easement holders, or (III) construction or use of the Grantee Improvements, (B) all utility improvements installed therein by Declarant shall be subterranean and shall be constructed at Declarant’s sole cost and expense in a good and workmanlike manner , (C) the grantee of such easement shall indemnify and defend Grantee from and against any loss incurred by or liability imposed on Grantee in connection with use of such easement, except to the extent such loss or liability results from Grantee’s negligence or misconduct, (D) the grantee thereof shall restore any damage resulting from its use of the easement area, (E) Declarant shall ensure that the Subject Parcel is not encumbered by liens from work performed by Declarant in the easement areas, and (F) Declarant shall carry commercial general liability insurance and property insurance with single limit coverage amounts of not less than Two Million Dollars ($2,000,000) per occurrence and general aggregate, and with insurance carriers having an A.M. Best Rating of B:VIII, which insurance policies shall list Grantee as an additional insured. (f) S
ite Maintenance and Repair .
(i) Maintenance and Repair Covenant . At all times prior to, and during, development of the Subject Parcel and construction of the Grantee Improvements, Grantee shall maintain the Subject Parcel its surroundings, and all staging areas and lay-down yards, in a clean, sanitary, orderly and safe condition, free of weeds, debris and pests, and shall reasonably protect it against suffering deterioration or damage caused by erosion, general exposure to the environment or otherwise. If (a) any portion of the Subject Parcel contains or exhibits a condition requiring maintenance or repair so as to prevent damage to or deterioration of the Subject Parcel or real property located adjacent thereto or improvements constructed thereon, or to prevent general harm or damage (physical, reputational or otherwise) to the Project or to Declarant, or (b) City and all applicable Governmental Authorities shall have given notice of the existence of a condition on the Subject Parcel requiring responsive action, then Grantee shall, promptly on demand by Declarant, but in no event later than ten (10) days thereafter, commence to correct such condition or effect such repair and to diligently and continuously prosecute such correction or repair to completion.
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(ii) Declarant Rights to Correct . If Grantee fails to commence to correct such condition or effect such repair within said 10- day period, or if Grantee timely commences but fails to diligently and continuously prosecute such correction or repair to completion, Declarant shall have the right (but not the obligation) to enter upon the Subject Parcel to take such actions as may be necessary to complete such correction or repair. Such repair or correction shall be at Grantee’s sole cost and expense. Any costs incurred by Declarant in performing any corrective work for which Grantee is responsible pursuant to this Section 2.1(g) shall be due and payable by Grantee within ten (10) Business D ays of demand therefor by Declarant. This Section shall not be construed to create any duty or obligation on the part of Declarant to undertake inspections of the Subject Parcel . The performance of work by either Declarant or Grantee under this Section shall not be an admission of responsibility therefor by the performing party. The obligation of Grantee pursuant to this Section shall be binding on Grantee until such time as action against Declarant on account of any such condition shall be barred by the applicable statutes of limitations.
(iii) O
bligation Cumulative . Grantee ’s obligations under this Section 2.1(g) are in addition to and not in limitation of Grantee’s other obligations to Declarant to correct defects and conditions in the Grantee Improvements. (g) S ecurity Requirements; Prevention and Repair of Damage . (i) Security Requirements. Declarant may, at its sole option, require Grantee to temporarily fence (including fence screening) or otherwise reasonably restrict access to any portion of the Subject Parcel , in order to deter members of the public from entering the Subject Parcel during construction, to reduce visual impact of the construction site on neighboring properties, and in order to prevent damage to improvements made by or for the benefit of Declarant or the City (including without limitation, any utility lines, equipment or vaults or any environmental monitoring wells). Grantee acknowledges that Declarant’s security requirements are not intended to be exclusive, and that Grantee shall be responsible for implementing such additional security measures as it deems necessary in order to protect the Project and the Subject Parcel from theft, vandalism, casualty, destruction or liabilities. (ii) D
amage by Grantee. Any destruction or other damage or loss (including theft or vandalism) caused by Grantee or any of its agents, employees, licensees, invitees, or contractors to any improvements made by or on behalf of Declarant within the Subject Parcel or any other portion of the Project (or any off -site areas where Grantee was engaged in construction activities or where Grantee’s construction vehicles or equipment were staged) must be repaired, and any such affected improvements restored to the condition existing prior to such theft, destruction or damage, by Grantee at its sole cost and expense. Grantee acknowledges that Declarant may be unable to determine with absolute certainty whether any such damage or loss was caused by Grantee, by another builder within the Project, or partially by Grantee and one or more such other builder , or the agents, employees, licensees, invitees, or contractors thereof and if so caused, to exactly allocate the costs between responsible parties.

Therefore, in such event, Grantee shall further be responsible for the repair and restoration, at Grantee’s sole expense, of any damage to improvements within the Subject Parcel or portions of the Project located adjacent thereto.
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(iii) Failure to Repair . If any repair for which Grantee is responsible pursuant to the preceding subparagraph is not completed in a timely manner, Declarant shall have the right, but not the obligation, to complete such repair and to be reimbursed by Grantee in the amount set forth in subsection (iv) below. Without limiting the foregoing, in the event that Declarant is unable to determine whether any damage to a particular improvement was caused by Grantee or another developer within the Project, Declarant shall have the right to perform repair and restoration of the damage to such improvements and to allocate, in good faith, the cost thereof among Grantee and all such other developers that might reasonably be responsible for such damage, in such shares as Declarant determines are appropriate (in light of the facts known to Declarant), which determination shall be conclusive. (iv) R
eimbursement . The cost of any repair and restoration of improvements made by Declarant which was the responsibility of Grantee or otherwise allocated, in whole or in part, to Grantee and other developer s pursuant to subs ections (ii) and (iii) above shall be reimbursed by Grantee in an amount equal to one hundred percent (100%) of the actual costs incurred by Declarant (or any Declarant Parties) in performing such repair and restoration, including without limitation reasonable attorneys ’ fees, together with interest from the date of expenditure at the rate of interest equal to the lesser of ten percent ( 10%) per annum, or the maximum rate of interest permitted by law, until such amount is paid in full. All such reimbursement payments shall be due and payable not later than ten (10) days after a written request therefor by Declarant. Declarant shall not be liable to Grantee for any mis allocation of costs unless such allocation was made without any reasonable justification. Grantee may seek reimbursement from any other builder or developer (other than Declarant) of amounts paid to Declarant hereunder that Grantee reasonably establishes arose as a result of the fault of such other builder or developer, or for which they were partially responsible. (h) C
onstruction V ehicles and Haul Route Restriction. Declarant may directly manage construction site activities within the Project or may elect to designate, from time to time, a construction site manager to promote orderly development of the Project and to reduce the imposition of construction activity externalities on the Project or its neighbors. Either Declarant or its designated construction site manager shall have the authority to (i) establish procedures for the scheduling of significant hauling, concrete pours, and major construction site events occurring on the Subject Parcel that may impact adjacent Project sites, (ii) oversee Project site logistics (staging, deliveries, laydown yards, etc.) and designate haul routes and rules and regulations for construction labor force parking areas within and adjacent to the Project site, (iii) require Grantee to designate a party available to receive and respond to calls and communications from residents, neighbors and businesses concerning the impacts and complaints related to development of the Subject Parcel, and (iv) coordinate construction issues affecting the Project site. Grantee agrees that it shall abide by any and all construction site management rules and regulations (“ Project Site Rules ”) promulgated by Declarant so long as such Project Site Rules do not expressly contradict or unreasonably interfere with Grantee ’s rights to develop the Subject Parcel for the Permitted Uses. Grantee agrees that violations of the Project Site Rules that are not promptly cured by Grantee within a reasonable time under the circumstances or that are repeated or reoccur may be enforced and enjoined by Declarant through exercise of equitable rights and remedies
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2.2 Grantee Improvements Requirements. Grantee is hereby bound by the following covenants and agreements through the Expiration Date (unless otherwise specified herein) with respect to its construction of the Grantee Improvements on the Subject Parcel. The violation of any of the following requirements (after the expiration of applicable notice and cure periods) shall constitute a default hereunder and a breach of the Restrictions, which shall entitle Declarant to exercise any of the rights and remedies set forth below. (a) D
evelopment. Grantee shall cause the Subject Parcel to be developed only with the Grantee Improvements in full accordance with all of the provisions of the Restrictions.

No portion of the Subject Parcel , or any improvements thereon, or any portion thereof, shall be developed, used or maintained with any facilities or improvements whatsoever except as set forth above and in Exhibit C, which Restriction shall continue in perpetuity, subject to the exercise of rights of or waiver by Declarant as set forth in subsection (b), hereinbelow. All construction and structures shall be, at all times, completed in compliance with all requirements of law, these Restrictions and any other recorded covenants, conditions, rights , restrictions and limitations existing from time to time covering the Subject Parcel , including without limitation all architectural approval requirements and use restrictions contained in such documents. (b) G
overnmental Approvals. Grantee shall obtain and comply with, at its sole expense, all approvals and permits which may from time to time be required by Governmental Authorities with respect to Grantee’s performance contemplated under this SLUR Declaration including, as applicable and without limitation, all approvals required for construction plans and construction of the Grantee Improvements on the Subject Parcel, plot plan approval, building permits and the like (collectively, “Governmental Approvals”). Grantee shall be solely responsible for satisfying and complying with all conditions to such Governmental Approvals and satisfying and complying with all Development Conditions except to the extent that the same is expressly made the sole responsibility of Declarant under this SLUR Declaration.
(i) C
ivic Center Site Pan . Prior hereto, Grantee prepared and delivered to Declarant for its review the proposed project site plan attached hereto as Exhibit D (the “Civic Center Site Plan ”), which plan identifies the principal land uses and proposed Grantee Improvements to the Subject Parcel. By its review of any proposed plans concerning the Grantee Improvements, Declarant makes no representation that the plan or plans, if approved, will satisfy the requirements of the Development Conditions and applicable approvals of relevant Governmental Authorities, and Declarant assumes no liability or responsibility thereof for any defect including, but not limited to, any defect in grading, improvements, construction, or other activities undertaken by or on behalf of Grantee pursuant thereto. Unless expressly waived by Declarant in writing, no request s or applications for Governmental Approvals of Grantee Improvements which vary from the Civic Center Site Plan shall be permitted unless Grantee first provides Declarant with a detailed plan and the Parties engag e in the review process set forth in subsections (ii), below. The Restrictions set forth in this subsection (i) and the following subsection (ii) shall continue in perpetuity for the benefit of the Benefited Property. (ii) D
eclarant Standard of Review of Grantee Alternative Proposals.

Without limiting the Restrictions in subsection (i) above, Grantee shall not develop on the Subject Parcel any improvements that vary from the Civic Center Site Plan without Declarant’s 1074

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consent, which shall not be unreasonably withheld, conditioned or delayed. If Grantee seeks to develop improvements that vary from the attached Civic Center Site Plan (“Grantee Alternative Proposal”), then Grantee shall first submit to Declarant Grantee’s request or application therefor for Declarant’s review and approval in accordance herewith. Submittals with respect to any Grantee Alternative Proposal shall include any drawings, plans, reports or studies that have been prepared and that are to be submitted to each applicable Governmental Authority in connection therewith. Declarant shall have a right to reasonably disapprove any Grantee Alternative Proposal on the Subject Parcel. Among other matters, i t shall be deemed reasonable for Declarant to disapprove a Grantee Alternative Proposal if Declarant determines , in good faith, that:
(A) The Grantee Alternative Proposal is inconsistent with the Master Plan Amendment , would violate other existing Development Conditions, or is inconsistent with other limitations set forth on Exhibit C; or (B) The Grantee Alternative Proposal may result in the imposition upon Declarant (or any other real property in the Project Site) of additional development costs or further obligations to construct additional or alternative infrastructure improvements, the need for Declarant to satisfy new or revised conditions of approval or implement additional or alternative mitigations; or
(C) The Grantee Alternative Proposal could adversely affect (as reasonably determined by Declarant) the current or prospective use or value o f other real property in the Project Site.

Declarant shall have thirty (30) days after Grantee delivers the materials presenting Grantee Alternative Proposal to reasonably determine whether to approve or disapprove, and any failure to respond within such 30- day period shall constitute a waiver and deemed approval of such Grantee Alternative Proposal.
(c) Off-Street Parking . Grantee shall design, develop and construct sufficient off-street parking necessary to satisfy all requirements of the Development Conditions, as well as the reasonably anticipated parking space requirements necessary to satisfy parking demands for use and operation of the Grantee Improvements without use of on-street parking. (d) D evelopment Impact Fees . Grantee shall be solely responsible for payment of all development impact fees that become due and owing with respect to development of the Subject Parcel and Grantee’s Improvements thereon. (e) C onstruction Requirements . Grantee shall use commercially reasonable efforts to conduct all construction activities on the Subject Parcel or, if applicable, elsewhere within the Project, in a manner so as to minimize interference with any construction activities being conducted by Declarant or any other developer within the Project. Grantee’s construction activities shall comply with applicable provisions of the Development Conditions , including that any noise-producing construction activities (e.g., pile driving) shall at all times comply with all applicable noise ordinances of the City, and Applicable Law. Grantee shall be solely responsible for payment of all assessments and connection charges relating to the connection of utilities to 1075

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the Subject Parcel . Grantee shall further cause all necessary easements or rights of way for access and for public utility services serving or located within the Subject Parcel to be conveyed to the City, the applicable utility provider or other applicable Governmental Authority. (f) Site Maintenance Prior to Improvements. If any portion of the Subject Parcel on which no structural improvements have been constructed contain or exhibit c onditions requiring repair so as to prevent damage to or deterioration, by erosion or otherwise, of the parcels or streets and other infrastructures adjacent to the Subject Parcel or improvements constructed thereon, Grantee shall, promptly on demand by Declarant but in no event later than ten (10) Business Days thereafter, commence to correct such condition or effect such repair and to diligently and continuously prosecute such correction or repair to completion (commencing to cure shall include applying for and diligently pursuing any approvals required by law to meet the obligations set forth herein).
(g) U
tilities . Grantee shall be fully responsible for the payment of, and Grantee covenants that Grantee shall pay when due, all hook- up, connection and usage fees for gas, electric, telephone, sewer, water, storm drain and all other utilities which are normally associated with the development and operation of improvements similar to the Grantee Improvements which Grantee and Declarant contemplate that Grantee will construct on the Subject Parcel.
(h) SW
PPP. Grantee agrees to abide by the Storm Water Pollution Prevention Program (the “SWPPP”) for the Project and Declarant’s inspection protocol for SWPPP -related matters (as such program and protocol may be amended or revised from time to time). Grantee shall be responsible for all erosion control measures and maintenance obligations, and any required best management practices (collectively, the “Erosion Control Measures”) relating to the Subject Parcel and the development thereof, that are required by the provisions of the Development Conditions, all Applicable Laws or this SLUR Declaration . Each such Erosion Control Measure shall be undertaken and performed in accordance with the requirements of any existing SWPPP or other express erosion control plan that pertains to the Subject Parcel. Among other compliance measures, Grantee shall (i) submit any site -specific SWPPP that may be required to comply with the National Pollutant Discharge Elimination System (NPDES) permits governing construction or development activities on the Subject Parcel , and (ii) submit to the Regional Water Quality Control Board or the State Water Resources Control Board such notices, filings or applications as may be necessary to comply with Applicable Laws . Grantee shall reasonably cooperate with Declarant in the preparation of any period or incident reports, or responses to any notices of relevant Governmental Authorities, required with respect to the SWPPP, implementation of Erosion Control Measures, or any claims of violations of laws or regulations relating thereto. Declarant reserves the right (but not the obligation) to correct any deficiency or any condition causes, or could cause, non- compliance by Declarant with the SWPPP for the Project, which costs shall be at Grantee’s cost if Grantee does not correct such deficiency or non- compliant condition within twenty -four (24) hours of being notified of such deficiency or non- compliant condition by Declarant. For any costs incurred by Declarant in performing any corrective work for which Grantee is responsible pursuant to this Section, Grantee agrees to pay to Declarant (or any Declarant Party performing such work) within thirty (30) days of written demand therefor , an amount equal to one hundred percent (100%) of all actual costs and expenses incurred by Declarant (or any Declarant Parties) in connection 1076

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therewith, including without limitation reasonable attorneys’ fees, together with interest from the date of expenditure at the rate of interest equal to the lesser of ten percent ( 10%) per annum, or the maximum rate of interest permitted by law, until such amount is paid in full. This Section shall not be construed to create any obligation on the part of Declarant to inspect any portion of the Subject Parcel for SWPPP compliance or for defects in Grantee’s Erosion Control Measures.

ARTICLE III.

ENFORCEMENT OF RESTRICTIONS
The following shall govern the enforcement of the Restrictions contained in this SLUR Declaration.

3.1 General Purpose and Constructive Notice. The Restrictions shall run and pass with each and every portion of the Subject Parcel and be binding upon Grantee, and each of its successors and assigns, during any period during which Grantee (or each such successor or assign) owns the Subject Parcel. All references to “Declarant” in this Article III shall mean and refer to Declarant, and to its successors and assigns. Except as specifically set forth herein, the Restrictions shall remain in full force and effect (until the stated date or expiry hereunder, if any, as applicable), notwithstanding Declarant’s exercise of any right or remedy herein due to a previous or repeated violation of any one or more of the previous Restrictions. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Subject Parcel is and shall be conclusively deemed to have consented and agreed to every Restriction, provision, covenant, condition, right and limitation contained herein, whether or not any reference to this SLUR Declaration is contained in the instrument by which such person acquired an interest in the Subject Parcel. Notwithstanding anything to the contrary contained in this Section, from and after (a) any permitted re -subdivision of the Subject Parcel by Grantee hereunder, and (b) the subsequent conveyance in fee of any individual parcel thereof to any third-party that is not a commonly-controlled affiliate of the fee owner of the remainder of the Subject Parcel, Declarant shall cooperate with Grantee and/or such third parties to enter into an amendment to this SLUR Declaration or new declarations to allocate the responsibilities of Grantee hereunder amongst the owners of such individual parcels; provided, however, that in no event shall such amendment to this SLUR Declaration affect the priority of this SLUR Declaration in any manner. Declarant may at its option as a condition to the execution of each such amendment or new declaration require the reimbursement by Grantee of Declarant’s reasonable attorneys’ fees in reviewing such materials and preparing such instruments.

3.2 D
efault and General Remedies . In the event of any breach, violation or failure to perform or satisfy any of the Restrictions which has not been cured within the applicable cure period set forth below, Declarant at its sole option and discretion may enforce any one or more of the following remedies or any other rights or remedies to which Declarant may be entitled by law or equity, whether or not set forth herein and Declarant and Grantee expressly agree that Declarant is entitled to such rights. Unless a cure period is otherwise specifically designated in this SLUR Declaration , such cure period shall commence when written notice is given to Grantee of a violation hereunder and shall end ten (10) Business Days thereafter in the case of a monetary default, and thirty (30) days thereafter in the case of a nonmonetary default; provided 1077

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that if a nonmonetary default is not reasonably susceptible of cure within such 30- day period, then Grantee shall have a reasonable time to cure same so long as Grantee has promptly commenced such cure within the 30 -day period and thereafter diligently prosecutes the cure to completion. To the maximum extent allowable by law, all remedies provided herein or by law or equity shall be cumulative and not exclusive.
(a) Equity. Declarant shall be entitled to bring an action in equity or otherwise for specific performance to enforce compliance with the Restrictions or an injunction to enjoin the continuance of any such breach or violation thereof, whether or not Declarant exercises any other remedy set forth herein.
(b) D
amages . Declarant may bring a suit for damages for any compensable breach of or noncompliance with any of the Restrictions. (c) D eclaratory Relief. Declarant may bring an action for declaratory relief to determine the enforceability of any of the Restrictions. (d) A batement . Any breach or violation of these Restrictions or any provision hereof if not timely cured as provided above is hereby declared to be a nuisance.

ARTICLE IV.

INDEMNITY OBLIGATIONS

4.1 Comprehensive Indemnity of Declarant . Grantee and Declarant have agreed and intend that Declarant and each and all of the Declarant Parties shall not be liable for any loss, liability, cost, expense (including attorneys’ fees), damage, injury or claim (collectively, “Claims”) of any kind or character to any person or property brought by any private party or Governmental Authority arising from or caused by (a) Grantee’s acquisition of the Subject Parcel, activities within the Subject Parcel and/or the development thereof , or (b) the failure or refusal of Grantee to comply with the Development Conditions or Applicable Laws in connection with the development of the Subject Parcel and the Grantee Improvements thereon (collectively, the “Indemnified Matters”). Grantee, to the fullest extent permitted by law, agrees to indemnify, defend and hold harmless Declarant and the Declarant Parties, and their property, and each of their respective shareholders, members, partners, principals, employees, agents and representatives, from all Claims arising from or relating to any such Indemnified Matter whether asserted or made by Grantee or any other person(s) or entities. The foregoing Indemnified Matters shall include, without limitation, any Claim arising from or relating to or caused by or alleged to arise from or be relating to or caused by any of the following, to the extent they pertain to an Indemnified Matter : (a) any use by Grantee or by any third party (other than a Declarant Party) of the Subject Parcel or any part thereof conducted with the express, written permission of Grantee, (b) any entry by Grantee ( in its capacity as Grantee, or anyone active for or on its behalf) upon or use of real property owned by Declarant in connection with Grantee’s acquisition, development or use of the Subject Parcel, (c) any defect in the design, construction of, or material in, any structure or other improvement upon the Benefited Property constructed by or on behalf of Grantee, (d) any negligent or intentional act or omission of Grantee or any of 1078

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its agents, employees, licensees, invitees or contractors in connection with Grantee’s acquisition, development or use of the Subject Parcel , (e) any accident or casualty on the Subject Parcel to the extent occurring in connection with the activities of Grantee or its employees, agents or contractors thereon, (f) any misrepresentations, omissions or failure s to disclose by Grantee or any of its employees , agents or representatives in connection with Grantee’s acquisition, development or use of the Subject Parcel , (g) any release of Hazardous Substances or violation of any Hazardous Substances Laws or regulations, including the costs of clean- up, removal and disposal, resulting from Grantee’s failure to perform or observe any of its duties and covenants under Section 2.1(c) of this SLUR Declaration, (h) a violation or alleged violation by Grantee or any of its employees, agents or representatives of any law now or hereafter enacted in connection with Grantee’s acquisition, development or use of the Subject Parcel , (h) any subsurface geologic or groundwater condition with respect to the Subject Parcel or property located in the vicinity thereof, or (i) application of the Surplus Land Act (as codified in California Govt Code Section 54220, et seq.).

4.2 R elease and Waiver . As a material part of the consideration for Declarant’s agreement to convey the Subject Parcel to Grantee, Grantee, for itself and each of its present and future officials, officers, employees, agents, successors and assigns hereby waives all claims and demands against any Declarant Party for any such loss, damage, or injury of Grantee arising from, relating to, based upon, or in any way connected with any of the Indemnified Matt ers; provided, however, that the release and indemnity obligation under this Section 4.2 shall not apply with respect to any fraud, willful misconduct, or gross negligence by Declarant or any Declarant Party.

Grantee, as to the foregoing release, expressly waives the provisions of Civil Code Section 1542, which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Grantee he reby specifically waives any and all rights and benefits under said section as they relate to the matters released in this Section 4.2.

INITIALS: GRANTEE: _______ ________

4.3 Limitation. Notwithstanding anything to the contrary above, nothing contained in Article IV shall operate to relieve the responsible Declarant Party from liability for any Claim arising from the gross negligence or willful misconduct of such Declarant Party, nor shall Grantee be required to indemnify the responsible Declarant Party as to Claims arising from the gross negligence or willful miscon duct of such Declarant Party or its agents, servants or independent contractors who are responsible to that Declarant Party.

4.4 S urvival of Covenants. Grantee ’s covenants and releases set forth in Section s 4.1 and 4.2, above, shall survive the conveyance by Grantee of all or any portion of the Subject Parcel, or development and construction of the Grantee Improvements thereon, and shall be 1079

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binding on Grantee until such time as any Claim or action against Declarant relating to construction of the Grantee Improvements and development of the Project shall be barred by the applicable statutes of limitations.

4.5 Development Agreement. The provisions of this Article IV and the obligations of Grantee hereunder do not supersede, limit or modify in any way Developer’s indemnification obligations to the City contained in the Development Agreement, including but not limited to Sections 1.4 and 7 thereof.

ARTICLE V.

MISCELLANEOUS PROVISIONS

5.1 Waiver. No waiver by Declarant of a breach of any of the Restrictions by Grantee and no delay or failure to enforce any of the Restrictions shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other provision of the Restrictions. No waiver of any breach or default of Grantee hereunder shall be implied from any omission by Declarant to take any action on account of such breach or default if such breach or default persists or is repeated, and no express waiver shall be effective unless in writing nor shall it affect a breach or default other than as specified in said written waiver. The consent or approval by Declarant to or of any act by Grantee requiring Declarant’s consent or approval shall not be deemed to waive or render unnecessary Declarant’s consent or approval to or of any subsequent similar acts by Grantee.

5.2 A
dvances by Declarant . If Grantee fails to pay any sums required to be paid by Grantee hereunder within ten (10) Business Days following written notice from Declarant, Declarant shall be entitled to advance any sums Declarant in its sole and absolute discretion deems necessary to protect and preserve the security for its rights and interest under this SLUR Declaration (including but not limited to sums for any property taxes or assessments, insurance premiums, or amounts secured or represented by encumbrances or liens or other charges on any portion of the Subject Parcel which appear to be prior to Declarant’s rights and interest under this SLUR Declaration), all of which advances (together with interest equal to the lesser of ten percent (10%) per annum or the maximum rate of interest permitted by law) shall be reimbursed by Grantee to Declarant within ten (10) Business Days after demand from Declarant.

5.3 L
egal Costs . In the event any action (including any arbitration pursuant to Section 5.17 below) is instituted by a party to enforce this SLUR Declaration or any documents executed pursuant hereto, the prevailing party in such action (as determined by the court, arbitrator, agency or other authority before which such suit or proceeding is commenced) shall be entitled to such reasonable attorneys’ fees, arbitrator’s fees, costs and expenses as may be fixed by the decision maker. The foregoing includes, but is not limited to, reasonable attorneys’ fees, fees incurred by the arbitrator pursuant to an arbitration under Section 5.17 and related arbitration costs and expenses, and costs of investigation incurred in (a) appellate proceedings; (b) any post -judgment proceedings to collect or enforce the judgment; (c) establishing the right to indemnification; and (d) any action or participation in, or in connection with, any case or proceeding under Chapter 7, 11 or 13 of the Bankruptcy Code (11 United States Code Sections 101 et seq.), or any successor statutes.
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5.4 Rights of Lenders. No breach or violation of the Restrictions shall defeat or render invalid the lien of any mortgage, deed of trust or similar instrument securing a loan made in good faith and for value with respect to the development or permanent financing of the Subject Parcel or any portion thereof. However, this SLUR Declaration and all provisions hereof shall be binding upon and effective against any subsequent owner or other occupant of the Subject Parcel or portion thereof whose title is acquired by foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise, but such subsequent owner shall have a reasonable period of time after taking title to cure any continuing violation hereunder that is susceptible of being cured provided that such subsequent owner continuously and diligently acts to effect such cure.

5.5 A
ssignment by Declarant. Any and all of the rights, powers, duties and reservations of Declarant herein contained may be assigned to any person or entity (including without limitation, any homeowners’ or owners’ association formed in connection with the Project, or any portion thereof) which will assume the duties (if any) of Declarant pertaining to the particular rights, powers and reservations assigned, and upon any such person or entity evidencing its consent in writing to accept such assignment and assume such duties, s/ he or it shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein.

5.6 Termination or Amendment. The Restrictions may be validly terminated, amended, modified or extended, in whole or in part, only by recordation by the Riverside County Recorder of a proper instrument duly executed and acknowledged by Declarant and Grantee to that effect.

5.7 C
aptions . The captions used herein are for convenience only and are not a part of this SLUR Declaration and do not in any way limit or amplify the scope or intent of the terms and provisions hereof.

5.8 I nvalidity of Provision. If any provision of this SLUR Declaration as applied to Declarant or Grantee or to any circumstance shall be adjudged by a court of competent jurisdiction to be void, invalid, illegal or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this SLUR Declaration, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this SLUR Declaration as a whole.

5.9 N
otices . Any notice or other communication required or permitted to be given under this SLUR Declaration shall be in writing and shall be delivered (i) by personal delivery, (ii) by Federal Express or another nationally reputable overnight courier service, or (iii) via email by attachment of a writing in portable document format (.pdf), provided that the party delivering such notice by e -mail receives an electronic return receipt with respect thereto, addressed as follows:

If to Declarant: The New Home Company Southern California Attn: Miek Harbur, SVP, General Counsel and Secretary
15231 Laguna Canyon Rd, Suite 250
Irvine, CA 92618
Email: [email protected]

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With a copy to: Jackson Tidus
2030 Main Street, Suite 1500
Irvine, California 92614
Attention: Sarah Kleinberg, Esq.

Email: [email protected]

If to Grantee:

Attn:

Email:

With a copy to:

Attn:

Email:

Any party may from time to time change its address by written notice to the other party in accordance with the foregoing; provided that such updated address must include a physical street address (and not a P.O. Box) capable of receiving deliveries from FedEx and similar overnight courier services and a valid email address capable of receiving an attachment in portable document format of up to ten megabytes (10MB). Any change of address shall become effective five (5) business days after delivery of such notice. Notices delivered as provided herein shall be deemed to have been given (i) at the time of receipt by personal delivery, (ii) one (1) business day after being deposited with Federal Express or another nationally reputable overnight courier service, or (iii) upon confirmation by the recipient of a return receipt to sender if sent via email.

Any notice or other document sent or delivered in any other manner shall be effective only if and when receipt thereof is acknowledged or confirmed.

5.10 Application to Declarant . Notwithstanding anything herein contained to the contrary, if Declarant reacquires title to the Subject Parcel or any portion thereof at any time after the date hereof, the Restrictions shall automatically cease and terminate and be of no further force or effect as to Declarant and such acquired property (but shall remain in effect as to any portion of the Subject Parcel not so reacquired), effective as of the date of such reacquisition by Declarant.

5.11 T
ime of Essence. Time is of the essence of each provision of this SLUR Declaration in which time is an element.

5.12 O ther Restrictions . This SLUR Declaration is not the exclusive source of restrictions on the use of the Subject Parcel , and nothing herein contained shall prejudice or 1082

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diminish in any way Declarant ’s rights under any other documents of record from time to time affecting all or any portion of the Subject Parcel.

5.13 Covenants Run with the Land. The Subject Parcel shall be held, developed, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the covenants, conditions, restrictions and other limitations set forth in this SLUR Declaration . The Restrictions are for the benefit of the Benefited Property and are intended and shall be construed as covenants and conditions running with and binding on the Subject Parcel and equitable servitudes upon the Subject Parcel and every part thereof. Furthermore, all and each of the Restrictions shall be binding upon and burden all persons having or acquiring any right, title or interest in the Subject Parcel , or any part thereof, and their successors and assigns, and shall inure to the benefit of the Benefited Property and the owners of the Benefited Property, their successors and assigns, and shall be enforceable by Declarant and its successors and assigns, all upon the terms, provisions and conditions set forth herein.

5.14 C
ounterparts . This SLUR Declaration may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.

5.15 I
ncorporation of Exhibits. All Exhibits and Schedules attached and referred to in this SLUR Declaration are hereby incorporated herein as though fully set forth herein (and shall be deemed to be a part of this SLUR Declaration).

5.16 D ispute Resolution; Arbitration . Any controversy, dispute or claim among or between the parties arising out of or relating to this SLUR Declaration shall be resolved solely and exclusively as provided in this Section 5.16:
(a) Informal Resolution. The party initiating the dispute resolution procedure shall submit to the adverse party a written demand that invokes this provision and identifies the nature of the dispute and all requested relief. The adverse party shall respond to the written demand within five (5) Business Days. If no written resolution is achieved ten (10) days after the demand is submitted (or any later date agreed to by the parties in writing), then the provisions of Section 5.16(b) shall govern.
(b) Formal Resolution.
(i) Any controversy, dispute or claim that has not been resolved pursuant to Section 5.16(a) shall be finally resolved by arbitration. The arbitration shall be governed by this SLUR Declaration and, to the extent that they do not conflict with this SLUR Declaration, Sections 1280 through 1294.2 of the California Code of Civil Procedure (or any amendments or successor statutes).
(ii) The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, according to which an arbitrator with experience resolving disputes arising from complex real estate transactions shall be appointed to conduct the proceeding. Once the arbitrator has been identified, the party initiating the dispute resolution procedure shall provide both the written demand and any response to the arbitrator. 1083

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(iii) Each party shall have the right to conduct discovery, including expert and third-party discovery. Limitations on discovery shall be determined by the arbitrator.

No party shall be entitled to “ priority” in conducting discovery. Depositions may be taken by either party upon seven (7) days ’ written notice. Written discovery requests shall be responded to within ten (10) days after service. Discovery disputes that cannot be resolved by the parties shall be submitted to the arbitrator whose decision on such matters shall be final and binding.

All non- expert discovery must be completed no less than twenty (20) days before the first hearing date for the arbitration proceeding. Expert discovery must be completed no less than ten (10) days before the first hearing date of the arbitration proceeding. For good cause, however, the arbitrator may extend the period for discovery or allow additional discovery. (iv) The parties shall have the right to bring and the arbitrator shall rule on dispositive motions including, but not limited to, demurrers, motions to dismiss, and motions for summary judgment or adjudication. Section 437c of the California Code of Civil Procedure shall govern summary judgment or summary adjudication motions, except for notice periods or briefing schedules, which shall be determined by agreement or by the arbitrator. Hearings on such motions must be held no less than ten (10) days before the first hearing date for the arbitration proceeding. If the parties are unable to agree upon a briefing schedule for such motions, the arbitrator shall set the briefing schedule. (v) The arbitration shall be held within ninety (90) days after the date the written demand was first sent. Except as expressly set forth in this clause, the arbitrator shall determine the manner in which the arbitration is conducted including the time and place (within the County of Riverside, California) of all hearings, the order of presentation of evidence, and all other questions that arise with respect to the course of arbitration. The arbitrator shall determine all issues in accordance with applicable decisional law. The presentation and admission of evidence shall be governed by the rules governing the presentation and admission of evidence in Riverside County Superior Court, including but not limited to the provisions of the California Evidence Code. All proceedings and hearings conducted before the arbitrator shall be transcribed by a court reporter unless both parties agree that no reporter is necessary. The costs of the court reporter shall be borne equally by the parties , but may be awarded as costs to the prevailing party.
(vi) The arbitrator shall be empowered to enter equitable as well as legal relief, to provide temporary and/or provisional relief and to enter equitable orders that will be binding upon the parties; provided that, the arbitrator shall not have the authority to grant any remedy or relief that is expressly prohibited by, or that exceeds any limitations on remedies se t forth in, this SLUR Declaration. If the arbitrator determines that a remedy available to a party pursuant to this SLUR Declaration and sought by a party exceeds the arbitrator ’s authority, then the party denied such a remedy may initiate an action in the appropriate Federal or California court in the County of Riverside , California seeking exclusively such a remedy or remedies.

This clause (vi) shall not be construed to provide any remedy to any party that is prohibited by this SLUR Declaration.
(vii) The arbitrator shall issue a single reasoned award at the close of the arbitration consistent with California Code of Civil Procedure § 1283.4. The arbitrator shall issue the final award within fifteen (15) days after the conclusion of the arbitration proceeding. 1084

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NOTICE: BY INITIALING THE SPACE BELOW, YOU ARE AGREEING TO

HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS SECTION 5.17(b) DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY

CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS

TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL , EXCEPT AS PROVIDED BY SECTION 5.16(b)(vi) ABOVE. BY INITIALING IN THE SPACE BELOW,

YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS SECTION 5.16(b). IF

YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS SECTION 5.17(b), YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO

SUBMIT DISPUTES ARISING OUT OF OR RELATING TO THE MATTERS INCLUDED IN THIS SLUR DECLARATION TO NEUTRAL ARBITRATION.

INITIALS: DECLARANT: _______ GRANTEE: _______

5.17 Further Assurances. Subject to the terms of this SLUR Declaration, e ach party hereto will, whenever and as often as it shall be requested to do so by the other party, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all such further conveyances, assignments, approvals, maps, consents and any and all other documents and do any and all other acts as may be necessary to carry out the intent and purpose of this SLUR Declaration, and reasonably necessary or required to satisfy and perform such party’s duties and obligations.
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EXHIBIT A
(TO DECLARATION OF SPECIAL LAND-USE RESTRICTIONS)

LEGAL DESCRIPTION OF THE SUBJECT PARCEL

All that certain real property situated in the City of Eastvale, County of Riverside, State of California, more particularly described as follows:

Parcel 1:

LOT 65 OF TRACT NO. 38594 AS SHOWN ON THE SUBDIVISION MAP RECORDED ON MARCH 15, 2024, IN BOOK 494, PAGES 87 TO 115,

INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER

FOR THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
Parcel 2:

LOT “S” OF TRACT NO. 38594 AS SHOWN ON THE SUBDIVISION MAP RECORDED ON MARCH 15, 2024, IN BOOK 494, PAGES 87 TO 115,

INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER

FOR THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

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B-1
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EXHIBIT B
(TO DECLARATION OF SPECIAL LAND-USE RESTRICTIONS)

LEGAL DESCRIPTION OF THE BENEFITED PROPERTY

[See attached.]

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EXHIBIT C
(TO DECLARATION OF SPECIAL LAND-USE RESTRICTIONS)

REQUIREMENTS AND RESTRICTIONS FOR

DEVELOPER IMPROVEMENTS

Grantee Improvements: Civic center improvements including, without limitation, a city hall, library, police station, fire station, a community center , gymnasium or community arts or recreation facilities.

Public park facilities, amphitheater, sports fields, sport courts and related facilities.

Permitted Uses: The Grantee Improvements shall be used by Grantee for typical and customary civic center uses, which may include ancillary retail uses for less than five percent (5%) of improved floor area (e.g., snack bar, coffee shop, sundries shop) , provided that the foregoing uses comply with the requirements of all Development Conditions and Applicable Law, as
interpreted by all relevant Governmental Authorities.

Specifically Prohibited Uses: The Subject Parcel may not be used for: (a ) any residential uses, including apartments or rental housing; (b) any use or uses not constituting Public Uses ; ( c) construction of improvements for which, when combined with other
improvements on the Subject Parcel would result in the floor area or intensity limitations contained in the Development Conditions being exceeded; or (d) any industrial uses.

To the extent that sport fields, sport courts or similar recreation facilities are developed on the Subject Parcel, it shall be specifically prohibited (a) to install, construct or erect lighting on such fields or courts for purposes of nighttime use, or (b) to use between the hours of 10:00 PM and 8:00 AM, any public address systems, speakers or other equipment for amplified music, voice or sound
(i.e., nothing herein shall prohibit
installation of such systems located wholly within a structure) , or (c) to permit use of such recreation facilities for any purpose between the hours of 10:00 PM and 8:00 AM. At no time shall sound emanating from sound-
amplifying equipment or from
live music at the Subject Parcel violate applicable noise ordinances or otherwise exceed a decibel level greater than 55 measured at any surrounding residential property.

Further, no portion of the Subject Parcel may be used by Grantee or developed in a manner that is inconsistent with the community and family -oriented character of the Project, 1089

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including without limitation, any of the following:
a. Criminal Detention or Rehabilitation Facilities . Jails or other facilities for the detention of convicted criminals, bail bond agencies , probation offices , facilities or
businesses providing counseling, rehabilitation or post - detention services to convicted criminals , facilities
providing post -detention or transitional housing to
convicted felons.
b. Homeless Shelters. Facilities or businesses providing short-term shelter, transitional housing, vocational training or free meal services to transients or homeless persons. c. Adult Entertainment . Establishments or businesses
principally engaged in the production, filming, recording, sale or distribution of films, recordings, photographs or other electronic or digital media of nude or partially nude persons performing or simulating sexual acts; businesses that feature or exhibit live or recorded X -rated or
pornographic entertainment or sell pornographic material to the public.
d. Dangerous Uses . Facilities or b usinesses principally engaging in the on- site manufacture, sale, storage or
distribution of inherently dangerous, hazardous or unsafe goods, such as explosives , fireworks, munitions or
ammunition; provided, however, that sales of guns and
ammunition incidental to operation of a retail sporting goods store shall not be prohibited by this provisions so long as such goods are stored, marketed and sold in strict compliance with Applicable Laws.
e. Cannabis. Businesses engaging in the manufacture,
sale, storage or distribution of cannabis, cannabis
derivatives or cannabis -containing products, whether or not such uses are otherwise permitted under the Development Conditions or Applicable Law.
f. Other Undesirable Uses. Slaughterhouses, trailer courts, animal hide tanneries, canneries, barns, stables, cemeteries, crematoriums, junk yards, scrap metal yards, waste material businesses, any “ fire sale ”, “bankruptcy sale ” or “public auction” businesses or thrift stores principally engaged in vending donated second-hand goods.

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EXHIBIT D
(TO DECLARATION OF SPECIAL LAND-USE RESTRICTIONS)

CIVIC CENTER SITE PLAN

1091

PREMIER PLACE (UNBUILT)

BOOTSMA BLVD (UNBUILT)

CITY HALL

LIBRARY

POLICE STATION

AMPHITHEATER

GREAT LAWN
PLAZA

SERVICE STREET

TEMPORARY SURFACE PARKING AREA A

TEMPORARY SURFACE PARKING AREA B
B2
B1
B1
B2
B2
B2
B2
B1
B1
B1
B2
B2
B2
B2B2
B2
B2
B2
B2

LAYOUT LEGEND

SYMBOLDESCRIPTION

PREMIER PLACE (UNBUILT)

BOOTSMA BLVD (UNBUILT)

CONSTRUCTION
© Gensler
DateDescription
Project Name
Project Number
Description
Scale
Seal / Signature
2015

NOT FOR
Tel 213.327.3600
Fax 213.327.3601
500 South Figueroa Street
Los Angeles, California 90071
United States

05.4369.000

EASTVALE CIVIC CENTER

EASTVALE CIVIC
CENTER

LIMONITE & HAMNER AVENUES
EASTVALE CA 92880
811 W 7th Street, 8th Floor
Los Angeles, California
90017-3419
United States
www.swagroup.com
+1.213.236.9090 o
02/09/2024DESIGN DEVELOPMENT SUBMITTAL
06/28/2024CONSTRUCTION DOCUMENTS 50%
P:\GNS\GNST310 Eastvale Civic Center\4 DrawingsGraphics\AutoCAD\Sheets\CONSTRUCTION DOCUMENTS\LAYOUT\L1.00 OVERALL LANDSCAPE PLAN (REMOVED).dwg | HFU |ARCH E1 (30.00 X 42.00 INCHES) | 7/25/2024 L1.00

OVERALL LANDSCAPE PLAN
1" = 30'-0"

KEY PLAN
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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 12.11
December 11, 2024
License Agreement for Staybridge Suites Parking Lot
Prepared By:

Erica Vega, City Attorney
Recommended Action(s)
Staff recommends that the City Council approve the License Agreement by and between the City and Eastvale Palace LLC pertaining to the encroachment of the parking lot for the Staybridge Suites hotel into City property.

Summary
When construc"ng the parking lot for the Staybridge Suites hotel at Hamner Place, improvements were placed across the property line on the adjacent City-owned parcel. The License Agreement will allow the encroaching parking lot improvements to remain in place while the City and the hotel owner take the ac"ons necessary to transfer ownership of the por"on of the City-owned property where where the parking lot improvements encroach to the hotel owner. The License Agreement requires the hotel owner to pay the City fair market value for the land.

Background
Eastvale Palace LLC is the owner of the Staybridge Suites hotel at Hamner Place. The parking area for the hotel encroaches into the City owned parcel along the eastern property line of the hotel property. The size of the encroachment area is approximately 900 square feet.

Rather than require Eastvale Palace LLC to remove the encroaching pavement and other surface improvements and reconﬁgure the parking lot so that all spaces are within the boundaries of the hotel property, City staﬀ is proposing that the City enter into a License Agreement to allow the improvements to remain in place. The license would require Eastvale Palace LLC to apply for a lot line adjustment to move the boundary between the two lots to bring the parking lot improvements 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
1130
within the hotel property, and to compensate the City for the acquisi"on of land. If for some reason the purchase is not completed, then Eastvale Palace would be required to remove the encroachments from the City owned property.

The City will need to comply with the Surplus Land Act prior to the sale of the encroachment area to Eastvale Palace LLC and the comple"on of the lot line adjustment. Due to the size of the area, the land should be considered "exempt surplus" however the City Council will ﬁrst need to adopt a resolu"on making that determina"on and HCD will need to concur with the determina"on. A proposed Surplus Land Act resolution will appear on a future Council agenda.

Environmental
The approval of the License Agreement is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15301, which exempts the licensing of existing facilities from CEQA review.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.

Fiscal Impact
The approval of the License Agreement will have no ﬁscal impact on the City. If the sale of the property to Eastvale Palace LLC is complete, the City will be compensated $26.25 per square foot for the land. The exact dimensions of the area will be veriﬁed through the lot line adjustment but based on a rough es"mate of the size total compensa"on to the City will be in the ballpark of $20,000 to $25,000.

Prior City Council/Commission Action
Not applicable.

Attachment(s)
Attachment 1 - License Agreement

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951.361.0900 |
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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 12.12
December 11, 2024
Annual Development Impact Fee Report as of June 30, 2024 Prepared By:

Samuel Perez, Principal Accountant
Recommended Action(s)
Staﬀ recommends that the City Council receive and ﬁle Annual Development Impact Fees Report as of June 30, 2024, and adopt the findings contained in Section 4 of the Report.

Summary
Pursuant to the Mi(ga(on Fee Act (the “Act”) (Government Code sec(on 66000 et seq.), and speciﬁcally sec(on 66006 of the Act, the following report on the receipt, use and reten(on of development impact fees for Fiscal Year 2023-24 is hereby presented to the City Council for review.

Development impact fees are charged by local governments to defray all or a por(on of the cost of public facili(es related to new development being constructed within the City. The requirements for enactment of a development impact fee program are set forth in the Act, which was enacted by the State Legislature as Assembly Bill No. 1600 (2016) and is commonly referred to as “AB 1600 requirements”.

The Act requires two speciﬁc repor(ng requirements from the City: 1) A periodic (ﬁve-year) report to make ﬁndings with respect to all unexpended mi(ga(on fees and 2) an annual review of all development impact fees as deﬁned in the Act and to make a public report on the fees available to the public a<er the end of each ﬁscal year. The annual report is included herein. The report must provide the beginning and ending balances of the ﬁscal year, the amount of fees collected by the City, interest income and any other income earned, a descrip(on of how the fees were expended during the subject ﬁscal year, and any refunds or alloca(ons pursuant to Government Code Sec(on 66001(f).
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If fees are not expended or remain uncommiCed for a period of ﬁve or more years, the report must include a ﬁnding iden(fying the purpose of the fee and the an(cipated improvements to be ﬁnanced by the fee. If such ﬁndings are not made, State law requires that the City refund the unused fees being held.

Background
Development impact fees may be collected by the City of Eastvale for the purpose of mi(ga(ng the impacts caused by new development on the City’s infrastructure. Fees are used to ﬁnance the acquisi(on, construc(on, and improvement of public facili(es required as a result of this new development. A separate funding structure has been established to account for the impact of new development on each of the following types of public facili(es: Transporta(on Facili(es, Fire Facilities, Public Facilities, and Road and Bridge Facilities.

On April 11, 2012, the City Council adopted Resolu(on No. 12-15, establishing the City’s development impact fees in accordance with the Development Impact Fee Nexus Study dated April 2, 2012. The current Development Impact Fee schedule does not account for inﬂa(onary or consumer price index increases, as a result the fees have been sta(c since the adop(on of the fee schedule in 2012.

Environmental
Not Applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not Applicable.

Fiscal Impact
This action does not have an immediate impact on the General Fund.

Prior City Council/Commission Action
The City completed a Development Impact Fee Study in 2012 and adopted fees by resolu(on eﬀec(ve July 1, 2012. In 2023, staﬀ completed the second ﬁve-year periodic report as of June 30, 2012. An annual report was prepared for the period ended June 30, 2023, in January 2024.

Attachment(s)
Attachment 1 - 2024 Eastvale DIF Report

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Executive Summary
City of Eastvale
Annual Report on Development Impact Fees
Fiscal Year Ended June 30, 2024

Background
The Mitigation Fee Act, Government Code Section 66000 et seq., (the “Act”) governs the establishment and administration of development impact fees paid by new development projects for public facilities needed to serve new development. Fees must be separately accounted for and used for the specific purpose for which the fee was imposed. The City’s adopted development impact fees are listed in the attached exhibits.

Expenditures are authorized through the annual Operating Budget and the City’s Capital Improvement Program.

Development Fee Reporting
The Act mandates two specific reporting requirements for the city:
 A periodic (five-year) report making certain findings with respect to all unexpended mitigation fees; and,
 An annual review of all development impact fees as defined in the Act, in a public report after the close of each fiscal year.

Government Code Section 66006(b)(2) requires the report be placed on an agenda for review at a public meeting not less than 15 days after the report is made available to the public. The City is also required to adopt by resolution certain findings, as defined in the Act, for any unexpended balances of mitigations fees as of the fifth fiscal year following the first deposit into those funds (Government Code Section 66001(d)). The City completed a Development Impact Fee study in 2012 and adopted fees by resolution effective July 1, 2012. The city initially adopted the County of Riverside Development Impact Fees when it incorporated on October 1, 2010, and used those fee amounts until adoption of updated City fees in June 2012.

The report is organized as follows:

Section 1. A brief description of the purpose of each development impact fee, its authorizing legislation and current amount (Government Code Section 66006(b) (1) (A)).

Section 2. A summary of the beginning fund balance on July 1, 2023, annual fee revenue collected, interest earned, public improvement expenditures, and the ending fund balance at June 30, 2024 for each fee (Government Code Section 66006(b)(1)(B)-(H)).

Section 3. A listing of projects funded or to be funded with development impact fees (Government Code Section 66006(b)(1)(E)).

Section 4. Report of Findings for each fee.

1143
Detail
City of Eastvale
Annual Report on Development Impact Fees
Fiscal Year Ended June 30, 2024

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 2

SECTION 1 | Fee Descriptions

The City’s Development Impact Fees (DIF) were first adopted at incorporation on October 1, 2010, adopting the fees that were being charged by the County of Riverside at the time. In April 2012, a nexus study was done to update the fees, effective July 1, 2012. The following development impact fees were adopted:
transportation facilities development impact fee, fire facilities development impact fee, and the public facilities development impact fee. Subsequently, a fourth fee was adopted, the Road and Bridge Benefit District. A description of each fee is noted below:

Transportation Facilities
The purpose of the Transportation Facilities DIF is to ensure that new development within the City of Eastvale pays its proportionate share of the capital investments made by the city, which are necessary to provide traffic amenities adequate to accommodate a growing service population within the standards and needs defined by the City’s master planning process.

The 2012 Nexus Study identified a total of $8.4 million in capital facilities costs for facilities related to transportation. The transportation facilities identified were as follows:

1. Road improvements: Hellman Avenue one lane bridge widening over Cucamonga Creek.

2. Limonite Bridge over Cucamonga Channel

3. New Traffic Signals: 23 new traffic signals.

Cost estimates for the facilities include design, permitting, land acquisition, construction, and project administration.

The fee amount for the Transportation Facilities Development Impact Fee is as follows:

Land Use Maximum Fee
Single Family Residential $693 per dwelling unit
Multi-Family Residential $487 per dwelling unit
Commercial/ Retail $1,685 per 1,000 square feet of building space Light Industrial/Warehousing $352 per 1,000 square feet of building space Office/Business Park $373 per 1,000 square feet of building space

Fire Facilities
The purpose of the Fire Facilities DIF is to ensure that new development within the City of Eastvale pays its proportionate share of the capital investments made by the city, which are necessary to provide fire protection, fire suppression and other fire safety services adequate to accommodate a growing service population within the standards and needs defined by operational standards and planning criteria.

The 2012 Nexus Study identified a total of $8.9 million in capital facilities costs for fire facilities. The fire facilities identified were as follows:

1. Eastvale Fire Station No. 27.
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Detail
City of Eastvale
Annual Report on Development Impact Fees
Fiscal Year Ended June 30, 2024

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 3

2. Eastvale Fire Station, additional

Cost estimates for the facilities include design, permitting, land acquisition, construction, and project administration.

The fee amount for the Fire Facilities Development Impact Fee is as follows:

Land Use Maximum Fee
Single Family Residential $481 per dwelling unit
Multi-Family Residential $332 per dwelling unit
Commercial/ Retail $132 per 1,000 square feet of building space Light Industrial/Warehousing $137 per 1,000 square feet of building space Office/Business Park $132 per 1,000 square feet of building space

Public Facilities
The purpose of the Public Facilities DIF is to ensure that new development within the City of Eastvale pays its proportionate share of the capital investments made by the city, which are necessary to provide general governmental and related civic services adequate to accommodate a growing service population within the standards and needs defined by the City’s capital improvement programs, long-range planning, and strategic planning.

The 2012 Nexus Study identified a total of $13.4 million in capital facilities costs for facilities related to governmental and community services. The public facilities identified were as follows:

1. Civic Center: Governmental Services

2. Civic Center: Police Services

Cost estimates for the facilities include design, permitting, land acquisition, construction, and project administration.

The fee amount for the Public Facilities Development Impact Fee is as follows:

Land Use Maximum Fee
Single Family Residential $942 per dwelling unit
Multi-Family Residential $650 per dwelling unit
Commercial/ Retail $150 per 1,000 square feet of building space Light Industrial/Warehousing $156 per 1,000 square feet of building space Office/Business Park $150 per 1,000 square feet of building space

Road and Bridge Benefit District
The Road and Bridge Benefit District (District) DIF is inherited from the County of Riverside associated with incorporation of the city. The city accepted responsibility for the portion of the district within the city’s footprint. The district was created to ensure that new development within the district’s boundaries pays its 1145
Detail
City of Eastvale
Annual Report on Development Impact Fees
Fiscal Year Ended June 30, 2024

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 4

proportionate share of the necessary capital investments required to provide they road and bridge improvements within the district adequate for the growing service population, consistent with the standards and needs defined by the City’s capital improvement programs, long-range planning, and strategic planning.

The most recent update of the Nexus Study in support of the DIF was completed by the County of Riverside in 2005. That study identified a total of $47.1 million (net of fees collected to date at that time) in capital facilities costs for projects needed within the district to meet its obligation to fund adequate roads and bridges within the district’s boundaries.

Cost estimates for the facilities include design, permitting, land acquisition, construction, and project administration.

The fee amount for the Road and Bridge Benefit District Development Impact Fee are broken down into zones within the original County district. Fee amounts are listed below:

Land Use Maximum Fee
Single Family Residential $884 – $2681 per dwelling unit Multi-Family Residential $417 – $1,857 per dwelling unit Commercial/ Retail $2652 – $9,117 per acre
Light Industrial/Warehousing $2652 – $9,117 per acre
Office/Business Park $2652 – $9,117 per acre

1146

CITY OF EASTVALE
Annual Report on Development Impact Fees
Fiscal Year Ended June 30, 2024
Detail
Section 2 | Beginning Fund Balance
Transportation Fire Public Road & Bridge
Facilities Facilities Facilities Benefit Dist. Total
BEGINNING BALANCE 7/1/2023 947,941$ 616,755$ 175,194$ 6,986,893$ 8,726,783$

REVENUES
Fees Received:
539,224$ 123,020$ 218,440$ 636,386$ 1,517,069$ Interest Income:
34,898$ 21,397$ 8,102$ 230,835$ 295,233$ Total Revenues FY 2023/24 574,123$ 144,417$ 226,542$ 867,221$ 1,812,303$

EXPENDITURES
Cost Allocation:
5,170$ 910 $ 3,260$ - $ 9,340$ Capital Expenditures:
-$ - $ - $ - $ - $ Total Expenditures FY 2023/24 5,170$ 910$ 3,260$ -$ 9,340$ ENDING BALANCE 06/30/2024 1,516,894$ 760,262$ 398,476$ 7,854,114$ 10,529,746$ City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 1147

CITY OF EASTVALE
Annual Report on Development Impact Fees
Fiscal Year Ended June 30, 2024
Detail
Section 3 | Project Listing
Transportation Fire Public Road & Bridge Total DIF Other Funding % of DIF vs Other Facilities Facilities Facilities Benefit Dist. Funds Sources Funding Sources Est. Project
Completion Status
Date

CAPITAL EXPENDITURES
-$ - $ - $ - $ - $ - $ 0% Total Capital Expenditures to 06/30/2024 -$ -$ -$ -$ -$ -$

UNSPENT COMMITTED FUNDS IN APPROVED PROJECTS
2023/24 and Beyond Committed Funds:
93039 - Median Improvement Project 2025 In Progress - $ - $ - $ 196,635$ 196,635$ 2,159,475$ 8% Total Unspent Committed Funds -$ -$ -$ 196,635$ 196,635$ 2,159,475$

FUTURE PROJECTS PLANNED
Tentative Traffic Signal Installation Project 2026 500,000 $ 500,000 $ Tentative Hellman Ave Bridge Widening Project 2027 500,000 $ 500,000 $ Tentative Landscape Median Project 2026 800,000 $ 800,000$ Tentative Public Works Yard and Offices 2026 500,000 $ 500,000 $ Tentative Fire Station #3 2027 1,000,000 $ 1,000,000 $ Total Future Projects Planned 1,000,000$ 1,000,000$ 500,000$ 800,000$ 3,300,000$ -$ City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 1148 Detail
City of Eastvale
Annual Report on Development Impact Fees
Fiscal Year Ended June 30, 2024

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 5

Section 4 | Report of Findings
(Government Code Section 66001(d))

Transportation Facilities

1. The purpose of the Transportation Facilities DIF is to ensure that new development within the City of Eastvale pays its proportionate share of the capital investments made by the city, which are necessary to provide traffic amenities adequate to accommodate a growing service population within the standards and needs defined by the city’s master planning process.

2. The reasonable relationship between the Transportation Facilities DIF and the purpose for which it is charged is demonstrated in the City of Eastvale Development Impact Fee Study dated February 2, 2012, effective July 1, 2012.

3. The sources and amount of funding anticipated to complete the Transportation Facilities is in the city of Eastvale Development Impact Fee Study dated February 2, 2012, effective July 1, 2012.

4. The approximate date for funding and constructing some of the Transportation Facilities is noted in the Capital Improvement Program for Fiscal Years 2023-2024 through 2027-2028.

5. Future projects that are planned do not have an estimated date for completion as these projects will be connected to new development within the city.

Fire Facilities

1. The purpose of the Fire Facilities DIF is to ensure that new development within the City of Eastvale pays its proportionate share of the capital investments made by the city, which are necessary to provide fire protection, fire suppression and other fire safety services adequate to accommodate a growing service population within the standards and needs defined by operational standards and planning criteria.

2. The reasonable relationship between the Fire Facilities DIF and the purpose for which it is charged is demonstrated in the City of Eastvale Development Impact Fee Study dated February 2, 2012, effective July 1, 2012.

3. The sources and amount of funding anticipated to complete the Fire Facilities was in the City of Eastvale Development Impact Fee Study dated February 2, 2012, effective July 1, 2012.

4. The date for funding and constructing the new Fire Facilities will be included in the Capital Improvement Program in future years as projects are programmed. Future expansion of the Fire Facilities has not been determined at this time but will be considered as the city develops further.

1149
Detail
City of Eastvale
Annual Report on Development Impact Fees
Fiscal Year Ended June 30, 2024

City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 6

Public Facilities

1. The purpose of the Public Facilities DIF is to ensure that new development within the City of Eastvale pays its proportionate share of the capital investments made by the city, which are necessary to provide general governmental and related civic services adequate to accommodate a growing service population within the standards and needs defined by the city’s capital improvement programs, long- range planning, and strategic planning.

2. The reasonable relationship between the Public Facilities DIF and the purpose for which it is charged is demonstrated in the City of Eastvale Development Impact Fee Study dated February 2, 2012, effective July 1, 2012.

3. The sources and amount of funding anticipated to complete the Public Facilities is in the City of Eastvale Development Impact Fee Study dated February 2, 2012, effective July 1, 2012.

4. The approximate date for funding and constructing of the Public Facilities is noted in the Capital Improvement Program for Fiscal Years 2023-2024 through 2027-2028. Future expansion of Public Facilities has not been determined at this time but will be considered as the city is built out.

Road and Bridge Benefit District

1. The purpose of the Road and Bridge Benefit District (district) DIF is to ensure that new development within the City of Eastvale pays its proportionate share of the capital investments made by the city to provide necessary road and bridge improvements within the district adequate to accommodate a growing service population within the standards and needs defined by the city’s capital improvement programs, long-range planning, and strategic planning.

2. The reasonable relationship between the Road and Bridge Benefit District DIF and the purpose for which it is charged is demonstrated in the County of Riverside Road and Bridge Development Impact Fee Update Report dated November 1, 2005, effective January 7, 2006.

3. The sources and amount of funding anticipated to complete the Road and Bridge projects are in the County of Riverside Development Impact Fee Update Report dated November 1, 2005, effective January 7, 2006.

4. The approximate date for funding and constructing of Road and Bridge projects is noted in the Capital Improvement Program for Fiscal Years 2023-2024 through 2027-2028. Future capital projects to meet the city’s need for road and bridge expansion within the district have not been determined at this time but will be considered as the city develops further.

1150

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 12.13
December 11, 2024
Professional Services Agreement with Apple One, Inc. for Temporary Staffing Services
Prepared By:

Luis L. De La Hoya. Finance Manager
Recommended Action(s)
Staﬀ recommends that the City Council approve the Agreement with Apple One and the issuance of a purchase order in the amount of $65,000 for temporary staﬃng services and authorize the City Manager to execute all necessary documents.

Summary
A staﬃng support need has been iden*ﬁed in the Finance Department due to one of the City’s accoun*ng technician posi*ons becoming vacant temporarily due to a leave of absence. The leave is an*cipated to be temporary through June 2025. As such, the Finance Department will not have the necessary staﬀ to process daily cash receipts, pe0y cash, or to pay and process u*lity payments including fuel cards. To con*nue to provide consistent internal and external customer support services and meet deadlines, the Finance Department is seeking temporary contract services. Apple One, Inc., a company specializing in temporary contract services, has provided various eligible candidates to help provide temporary support. The contract services provided by Apple One will ensure that the City’s ﬁnancial records are up-to-date, customer checks are processed expediently, and that various billings are paid and processed in a timely manner.

Background
The city has previously u*lized temporary professional services to ﬁll vacant posi*ons. The city is seeking to again use temporary contract services as a result of one temporary leave of absence. The temporary contract services will provide daily administra*ve assistance in the absence of the Accoun*ng Technician. Du*es currently performed by the Accoun*ng Technician include the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
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following:

• Daily cash receipt entry of all cash receipts collected City wide • Revenue batching
• Review and monitor credit card revenue reports
• Payment and recording of utility payments and miscellaneous wire payments • Fuel card management for all City vehicles
• Manage and process the Sheriff’s Department deposit • Petty cash administration
• Amazon and Staples account user management

Apple One services will be in use for approximately six months with an approximate cost of $65,000.

Staﬀ es*mates a need to u*lize temporary contract services through at least June 2025. Staﬀ will seek City Council approval should the services extend beyond $65,000 in aggregate. Should the City Council not approve the temporary contract services agreement, the Finance Department will not be able to complete cri*cal daily tasks, aﬀec*ng the integrity of day-to-day opera*ons and ﬁnancial statements. If ﬁnancial statements are not issued in compliance with County, State, Federal and grant agency repor*ng requirements, the city will be at risk of losing funding from those agencies.

Addi*onally, the Finance Department will not be able to *mely complete daily accoun*ng ac*vi*es including processing daily cash receipts and bank reconcilia*ons, causing internal control risk and placing the city in noncompliance with best prac*ces deﬁned by both the Government Finance Officers Association and Generally Accepted Accounting Procedures.

Environmental
Government accoun*ng ac*vi*es are not considered a Project as deﬁned by the California Environmental Quality Act (CEQA) and no environmental review is required.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable, as contract services for cashiering and other vital ﬁnancial du*es are a necessity of daily city operations.

Fiscal Impact
Total ﬁscal impact for this item is $65,000. There is suﬃcient budget in the ﬁscal year 2024-25 budget, contract services account 100-210-6490, in addi*on to salary savings as a result of the two prior vacancies and the future planned temporary leave of absence to cover the contract costs.

Prior City Council/Commission Action
Not applicable.

Attachment(s)
Attachment 1 - Service Agreement

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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CONDITIONS OF SERVICE
This Conditions of Service (“ Agreement”) is between City of Eastvale (“ Client”) and AppleOne, Inc. (“AppleOne”), a California corporation, which may be doing business as AppleOne Employment Services in the performance of services hereunder. AppleOne, Inc. was formerly known as Howroyd-Wright Employment Agency, Inc. In consideration of the parties’ mutual covenants, conditions, and promises contained herein, the parties agree as follows.

TEMPORARY AND TEMPORARY-TO-HIRE SERVICES

1. Employees or associates of AppleOne or any of its subcontractors temporarily assigned to Client shall be referred to in the singular as “Temporary Employee” and in the plural as “Temporary Employees.” Temporary Employees are subject at all times to Client’s direct and indirect supervision; AppleOne does not supervise such employees on their assignments. Client further agrees that while on assignment with Client, Temporary Employees shall not be permitted, without express advance written approval by an officer of AppleOne, to i) engage in travel or otherwise operate a motor vehicle or any non-office machinery or equipment on behalf of Client, ii) handle cash or valuables or negotiable instruments (Client shall also not pay Temporary Employees directly or advance any funds to them.), iii) be permitted unsupervised or uncontrolled access to confidential or proprietary information, including confidential access codes, iv) be permitted unsupervised access to or control of Client’s business premises, v) remove any property of Client from Client’s business premises, vi) purchase, consume or distribute any alcohol, or vii) consume drugs, unless advance written authorization is provided by a physician. Should any Temporary Employee be permitted to engage in any of the activities described in i) - vii) above, AppleOne shall have no responsibility arising from the employee’s conduct.

2. Background check services are available for an additional fee to Client and must be agreed to in writing between AppleOne and Client. Background check services may be conducted by one or more of AppleOne’s preferred, third-party vendors (e.g., A-Check Global). Client shall indemnify, defend and hold harmless AppleOne for any and all Losses arising from or related to i) the background checks or the performance thereof and ii) AppleOne’s assignment of any Temporary Employees to Client, at Client’s request, before the full completion of Client- or AppleOne-required background checks, including any legal requirements associated therewith.

3. AppleOne provides its services in compliance with its obligations as an equal opportunity and affirmative action employer. AppleOne’s recruiting procedures are free of discrimination based on race, religion, ancestry, color, national origin, age, gender identity or expression, genetic information, marital status, medical condition, physical or mental disability, protected veteran status, sex (including pregnancy), sexual orientation, or any other characteristic protected by applicable federal, state or local laws. AppleOne also consider qualified applicants regardless of criminal histories, consistent with legal requirements.

4. Client agrees to immediately contact its AppleOne representative or the AppleOne Human Resources Hotline at (800) 270-9120 upon receipt of any complaint by a Temporary Employee regarding, but not limited to, any of the following: sexual harassment, discrimination, retaliation, bullying, wage and hour issues, meal and rest breaks or any other employment-related concern. Further, Client agrees to comply with the American with Disabilities Act and any local health accommodation requirements, and upon request by AppleOne, agrees to participate in an interactive process with AppleOne and any Temporary Employee who seeks a reasonable workplace accommodation.

5. Client agrees to indemnify, defend and hold harmless AppleOne and its subsidiaries and related entities, and all of their respective officers, directors, shareholders, employees, agents and representatives (collectively, “AppleOne Parties”) for Losses arising out of any violation of laws by Client. In addition, Client agrees to comply with all laws, regulations and ordinances relating to work site health and safety, and agrees to provide Temporary Employees a safe and healthful workplace. Client agrees to indemnify, defend and hold harmless AppleOne Parties for Losses arising out of Client’s violations of the Occupational Safety and Health Act of 1970, or any similar state law with respect to workplaces owned, leased or supervised by Client, and/or to which Temporary Employees are assigned. For any serious injury, illness or death of a 1153
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Temporary Employee occurring in a place of employment or in connection with an AppleOne employee’s assignment with Client, Client shall notify AppleOne immediately (Notification to AppleOne is also required in the event of any accident or medical treatment.) and is required to report immediately, by telephone or fax, to the nearest Occupational Safety and Health Administration (“OSHA”) office. Client is authorized and required by AppleOne to make the report on behalf of both AppleOne and Client. Client shall provide to OSHA all information required by applicable law, as well as AppleOne’s name, address, phone number and contact person, and the Temporary Employee’s name. Client shall notify AppleOne immediately after the report has been made.

6. Client will not reassign a Temporary Employee to perform job duties that are not provided in the pertinent job description without prior written authorization by AppleOne. Except as may be otherwise provided in a pertinent job description, Client will not relocate a Temporary Employee to a worksite other than the Temporary Employee’s assigned worksite without prior written authorization by AppleOne. Client agrees to assume all liability for any third party claim arising after any reassignment or relocation that occurs without such authorization.

7. Client understands that Temporary Employees are assigned to Client to render temporary services, and that absent an agreement to the contrary, are not assigned to become employed by Client. Client acknowledges the considerable expense incurred by AppleOne to advertise, recruit, evaluate, train and quality control its employees. Client will not, without prior written authorization by AppleOne, hire an AppleOne employee, interfere with the employment relationship between AppleOne and its employee, or directly or indirectly cause an AppleOne employee to transfer to another temporary help service.

8. Client understands that AppleOne may refer candidates for Client’s evaluation or assign AppleOne employees to render temporary services at Client often while such persons seek direct hire employment through AppleOne. If Client, either directly or indirectly, such as through any company within Client’s control, solicits, offers employment to and/or hires any AppleOne candidate or employee as an employee or consultant in any position, or utilizes such person’s services through another temporary or outsourcing service, or any party affiliated with Client refers such person to any other employer and said person becomes employed by that employer: i) at any time from the date such person’s identity is provided by AppleOne to Client until six (6) months thereafter, or ii) within six (6) months after termination of such person’s temporary assignment through AppleOne at Client, whichever is the later, Client agrees to pay AppleOne a direct hire fee in accordance with AppleOne’s standard fee schedule stipulated by the parties to be equal to thirty percent (30%) of such person’s first year annualized wage or salary. Unless Client presents written evidence to AppleOne of Client’s prior knowledge of an AppleOne referred candidate i) within three (3) business days of AppleOne’s referral of such candidate to Client, or ii) prior to Client’s interview of such candidate, or iii) prior to AppleOne’s assignment of such candidate at Client, whichever is earliest, Client understands and agrees that Client is liable for the payment of any direct hire fee due to AppleOne pursuant to this Agreement.

9. AppleOne offers temporary-to-hire services to Client. An AppleOne employee temporarily assigned to Client is an employee of AppleOne until released to Client. Should Client be interested in hiring an AppleOne referred candidate or employee, Client shall contact AppleOne, who will establish the terms and conditions for releasing such person to Client’s payroll, including the conversion fee to be paid by Client if such terms are not otherwise agreed to between the parties. If any Client accounts are in default according to the payment terms in Section 12, Client shall bring the accounts current prior to the hiring. If Client hires an AppleOne employee with a Client account in default, Client agrees to pay AppleOne a conversion fee equivalent to the direct hire fee as set forth in Section 8 of this Agreement.

10. The Parties agree that Temporary Employees are hired on at-will basis and may be terminated at any time, with or without notice, with or without cause, at the Client’s sole discretion, with or without notice.

AppleOne agrees that it will notify Temporary Employee that Temporary Employee’s employment with the Client is at-will, may be terminated at any time, with or without notice, with or without cause, and subject to Client’s applicable personnel rules and policies as applicable to other similarly situated employees. 1154
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INVOICING AND PAYMENT

11. Client understands that Temporary Employees must be paid weekly, and agrees to promptly review and approve or verify timecards or hours worked. Client agrees to pay and shall be liable for any and all charges incurred based upon Client approved or verified timecards or hours or similar information submitted by Client to AppleOne. If timecards or hours lack timely Client approval or verification, AppleOne will process payroll and invoices based upon the timecards or hours submitted by the employees.

12. Client shall reimburse AppleOne for any expenses that are incurred by AppleOne or Temporary Employees, which are reasonably related to or arise out of the services provided to Client or the discharge of duties by Temporary Employees for Client under this Agreement (“ Reimbursable Expenses”). Such Reimbursable Expenses may include a reasonable amount for Temporary Employee internet service or mobile device service for remote work, Client-required equipment and tools, Client-required uniforms, pre- employment health screening (e.g., COVID-19 testing) and fit for duty doctor’s visit costs. Expenses for travel shall not be invoiced or reimbursed unless such travel expenses have been previously authorized by Client.

13. AppleOne shall invoice Client weekly for services and any other obligations hereunder. Client agrees that payment of invoices is due upon receipt. Client agrees that an account balance that remains unpaid thirty (30) days after the invoice date will be considered in default and that AppleOne may assess a default charge of one and one-half percent (1.5%) per month on any such balance. Client agrees to pay any such default charges and any costs of collection, including attorneys’ fees.

14. Client’s payment method (Check box .): ApplePay’s eCheck . Client may sign up at www.applepay.com.  ACH/Other shall be discussed between Client and the AppleOne representative.

Notwithstanding anything to the contrary in this Agreement, in the event that AppleOne is subject to any third party fees or costs related to AppleOne’s compliance with Client’s invoicing or payment policies or practices (e.g., Ariba fees, credit card fees, etc.), AppleOne will pass such fees or costs through to Client without markup.

15. Client and AppleOne acknowledge that through the Patient Protection and Affordable Care Act of 2010, as amended (“ ACA”), and regulations promulgated thereby, statutory requirements have been imposed upon certain employers of certain employees working in the United States. AppleOne is committed to fulfilling its ACA obligations through offering ACA-compliant benefits to eligible contingent workers, including Temporary Employees. In demonstrating Client’s commitment to ACA compliance, Client agrees to share in ACA-related costs by paying a $0.54 surcharge for each hour of service provided by each Temporary Employee. The surcharge will be billed to Client in a separate line item on the invoice.

16. Client, or federal, state or local laws, either currently existing or enacted in the future, may mandate that Temporary Employees undergo specific training (e.g., sexual harassment prevention training), presentations and other curricula (“ Trainings”), where the payment of wages is required by law. Unless otherwise agreed to by the parties in writing, the parties agree that AppleOne will invoice Client for the time spent by Temporary Employee on such Trainings, as well as for voting, as allowed by applicable law, according to the regular markup percentage or bill rate that AppleOne charges for such employee.

17. Federal, state or local laws, either currently existing or enacted in the future, may require AppleOne or Client to provide one or more Temporary Employees with certain paid sick, quarantine or COVID-19- related leave (Each such law is a “ Paid Leave Law .”). AppleOne and Client agree to comply with all provisions of each Paid Leave Law with respect to Temporary Employees as such laws become effective.

Unless otherwise agreed to by the parties in a writing, to address the costs for compliance with a Paid Leave Law, the parties agree that AppleOne will invoice Client for the paid leave of a Temporary Employee according to the regular markup percentage or bill rate that AppleOne charges for such employee provided that the criteria required for the payment of leave to such employee under applicable law has been met. 1155
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18. Unless otherwise agreed to by the parties elsewhere in the Agreement and/or in any of the Agreement’s mutually agreed upon ancillary exhibit(s) or document(s), to the extent that AppleOne may be required to pay the Temporary Employee overtime under any federal, state or local law, AppleOne, as applicable, will bill Client i) based upon the Temporary Employee’s legally applicable hourly pay rate for overtime work plus the markup percentage for the Temporary Employee, or ii) an overtime bill rate, which will be calculated by applying a multiplier of 1.5 or 2.0 (for double time, where applicable) to the Temporary Employee’s hourly bill rate.

19. Additional agreed upon pricing for the services to Client under this Agreement may be set forth in one (1) or more exhibit(s) to this Agreement or as mutually agreed upon by the parties in writing. The parties agree that upon forty-five (45) days’ written notice to Client, pricing under this Agreement may change if AppleOne’s expenses for statutory or other fixed costs increase, or if new or additional statutory or government-imposed taxes, fees or costs are incurred by AppleOne after the Effective Date. These taxes, fees or costs may include, but are not limited to those related to: Workers’ Compensation Insurance, State Unemployment Insurance, federal, state or local taxes, regulations or ordinances (including but not limited to Wage Determinations, Health & Welfare Benefits, SCLS/SCA, vacation pay, holiday pay, Paid Leave Laws or minimum wage laws), or an increase in the ACA surcharge. The parties agree that such written notice may be in the form of an electronic communication, including email.

OTHER TERMS

20. Despite anything to the contrary in the Agreement, Client shall defend, indemnify and hold harmless AppleOne Parties from and against any and all Losses to the extent caused by Client’s failure to inform AppleOne, in writing, that Client or any job orders or services hereunder, are subject to Federal Acquisition Regulation and/or Defense Federal Acquisition Regulation Supplement, Service Contract Labor Standards, formerly known as the McNamara-O’Hara Service Contract Act of 1965 (“SCLS/SCA”), Davis-Bacon Act of 1931, Federal Paid Sick Leave (EO 13706), or any other federal law where a security clearance or any kind of government-issued credential or designation is required.

21. To the maximum extent permitted by applicable law, neither Client nor AppleOne shall have any liability for any indirect, consequential, special or incidental damages, damages for loss of profits or revenues, whether in an action in contract or tort, even if such party has been advised of the possibility of such damages, unless such party has engaged in gross negligence or willful misconduct or the damages arise from a third party claim for which a party is entitled to indemnification in this Agreement.

22. This Agreement supersedes any and all other agreements, either oral or written, between the parties or anyone acting on behalf of a party hereto, with respect to the subject matter hereof. This Agreement contains all of the covenants, conditions, warranties, representations, inducements, promises or agreements (oral, written, on a website, or otherwise) (“Promises”) between the parties with respect to the subject matter hereof. Each party hereto acknowledges that no Promises have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other Promises, which are not contained herein, shall be valid or binding. Any oral Promises or modifications concerning this Agreement shall be of no force or effect, except by a subsequent written amendment to this Agreement.

23. The confidential and/or proprietary information of the disclosing party will be held in strict confidence by the receiving party and will not be disclosed by the receiving party to any third party, or used by the receiving party for its own purposes, except to the extent that such disclosure or use is necessary in the performance by the receiving party of its obligations under this Agreement. The receiving party upon the request of the disclosing party will destroy or return all writings or documents that contain information subject to the protections of this section.

24. The laws of the State of California shall govern this Agreement, its interpretation and any disputes regarding the services. Any action concerning this Agreement or the services shall be instituted in the state or federal courts located in County of Riverside in the State of California, and AppleOne and Client agree 1156
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to the exclusive personal jurisdiction of said courts and waive any rights to a change of venue. Each party agrees to be responsible for its own attorneys’ fees.

25. This Agreement shall be in effect from the last date set forth below (“ Effective Date”) and shall continue until terminated at any time by either party in writing. Absent a prior agreement between the parties, services provided by AppleOne to Client before the Effective Date shall be considered as having been provided subject to the provisions of this Agreement. The rights and obligations in this Agreement, which by their nature should survive, will remain in full force and effect following the termination of this Agreement.

26. In the event that any provision of this Agreement shall be unenforceable or inoperative as a matter of law, the remaining provisions shall remain in full force and effect.

27. As Client’s staffing supplier, AppleOne considers itself a critical vendor to Client, and AppleOne is committed to helping its clients through turbulent times. To ensure alignment on this issue, AppleOne requests and Client agrees that, in the unlikely event of a Client bankruptcy filing, that AppleOne will be a critical vendor of Client so that all services performed by AppleOne under this Agreement, or any other agreement between the parties, before and after any bankruptcy filing, are paid in accordance with the parties’ applicable contractual terms.

28. A waiver of a breach of any covenant, condition, or promise of this Agreement shall not be deemed a waiver of any succeeding breach of the same or any other covenant, condition, or promise of this Agreement. No waiver shall be deemed to have been given unless given in writing.

29. The parties agree that this Agreement (and/or any of the Agreement’s mutually agreed upon ancillary exhibit(s) or document(s)) may be electronically signed and that any electronic signature appearing on this Agreement (and/or such exhibit(s) or document(s)) is the same as a handwritten signature for the purposes of validity, enforceability and admissibility. Further, the parties agree that this Agreement may be executed in counterparts, each of which together shall be deemed one and the same instrument. Moreover, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

Client: City of Eastvale
Signature
Printed Name
Title
Date
AppleOne
Signature
Printed Name
Title
Date
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AppleOne is an equal opportunity and affirmative action employer. We proudly embrace diversity in all of its manifestations. We are firmly committed to anti- racism, and as leaders of fairness in work, do not tolerate or support racism or any discriminatory practices.

EXHIBIT A - 1, PRICING
TO CONDITIONS OF SERVICE (“AGREEMENT”)

BETWEEN

CLIENT AND APPLEONE

1. TEMPORARY EMPLOYEES:

1.1 Employees or associates of AppleOne and any of its subcontractors temporarily assigned to Client shall be referred to in the singular as “Temporary Employee” and in the plural as “Temporary Employees.” Unless otherwise specified in the Agreement, the rates and fees set forth below represent the Temporary Employee’s pay plus all applicable state and federal taxes, government reporting, workers’ compensation and related administrative costs.

1.2 AppleOne will charge Client an hourly bill rate for each hour of service provided by a Temporary Employee. AppleOne will invoice Client according to the following fee schedule:

JOB CLASSIFICATIONS BILL RATE FOR TEMPORARY EMPLOYEE

WILL BE WITHIN THE BILL RATE RANGE
Accounting Technician $45.94 - $57.37 per hour
Other Positions Bill rate range will be provided after request for position in writing.

1.3 To the extent that AppleOne may be required to pay any Temporary Employee overtime under any federal, state or local law, AppleOne will bill Client for an overtime bill rate, which will be calculated by applying a multiplier of 1.5 or 2.0 (for double time, where applicable) to the Temporary Employee’s hourly bill rate.

1.4 Client and AppleOne acknowledge that through the Patient Protection and Affordable Care Act of 2010, as amended (“ ACA”), and regulations promulgated thereby, statutory requirements have been imposed upon certain employers of certain employees working in the United States. AppleOne is committed to fulfilling its ACA obligations through offering ACA-compliant benefits to eligible contingent workers, including Temporary Employees. In demonstrating Client’s commitment to ACA compliance, Client agrees to share in ACA-related costs by paying a $0.54 surcharge for each hour of service provided by each Temporary Employee. The surcharge will be billed to Client in a separate line item on the invoice.

1.5 Federal, state or local laws, either currently existing or enacted in the future, may require AppleOne or Client to provide one or more Temporary Employees with certain paid sick, quarantine or COVID-19- related leave (Each such law is a “ Paid Leave Law .”). AppleOne and Client agree to comply with all provisions of each Paid Leave Law with respect to Temporary Employees as such laws become effective.

Unless otherwise agreed to by the parties in writing, to address the costs for compliance with a Paid Leave Law, the parties agree that AppleOne will invoice Client for the paid leave of a Temporary Employee according to the bill rate that AppleOne charges for such employee provided that the criteria required for the payment of leave to such employee under applicable law has been met.

1.6 For the duration of a Temporary Employee’s assignment at Client, AppleOne will pay Temporary Employee, without billing Client, for the following eight (8) holidays (actual day or AppleOne-observed day):
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New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Fourth (4th) of July, Labor Day, Thanksgiving Day, and Christmas Day. Client will not request Temporary Employee to work on the holidays listed in this section.

1.7 The parties agree that upon forty-five (45) days’ written notice to Client, pricing under this Agreement may change if AppleOne’s expenses for statutory or other fixed costs increase, or if new or additional statutory or government-imposed taxes, fees or costs are incurred by AppleOne after the effective date of the Agreement. These taxes, fees or costs may include, but are not limited to those related to:

Workers’ Compensation Insurance, State Unemployment Insurance, federal, state or local taxes, regulations or ordinances (including but not limited to Wage Determinations, Health & Welfare Benefits, Service Contract Labor Standards (formerly known as the McNamara-O’Hara Service Contract Act of 1965), vacation pay, holiday pay, Paid Leave Laws or minimum wage laws), or an increase in the ACA surcharge.

The parties agree that such written notice may be in the form of an electronic communication, including email.

Temporary Employees must work at the job site of the original assignment. An authorized AppleOne representative must approve, in writing, any change in job site or job duties in advance of such change.

2. CONVERSION OF TEMPORARY EMPLOYEE:

2.1 Client may convert a Temporary Employee to a full-time employee at a fee equal to 5% of the Temporary Employee's starting annual salary for Client once the Temporary Employee has been on assignment with Client for 720 hours. Should Client convert any Temporary Employee to a full-time employee prior to 720 hours, AppleOne will bill Client according to the following fee schedule:

HOURS COMPLETED ON ASSIGNMENT

CONVERSION FEE AS A PERCENTAGE
OF THE EMPLOYEE’S STARTING

ANNUAL SALARY FOR CLIENT
1-240 Hours 20% of Starting Annual Salary
241-480 Hours 15% of Starting Annual Salary
481-719 Hours 10% of Starting Annual Salary
720+ Hours 5% of Starting Annual Salary
Conversion is not transferable to any third party who is a competitor of AppleOne.

3. DIRECT HIRE SERVICES:

3.1 Client retains AppleOne on a non-exclusive basis to locate, refer, and/or present to Client candidate(s) for employment positions with Client. Such direct hire services shall be referred to as the “Direct Hire Services.” Decisions regarding whether to hire candidate(s) referred by AppleOne, as well as any and all compensation and benefits to be offered to such candidate(s), shall be made by Client, and not by AppleOne.

3.2 AppleOne will perform reference checks and other such screening as AppleOne deems reasonably necessary to determine the qualifications and suitability of the candidate(s) prior to their placement at Client.

Reference checks for the candidate(s) will be based entirely upon application information provided by the candidate(s). AppleOne will be entitled to rely upon any information received from the candidate(s) and their references. AppleOne will not be responsible to complete the employer I-9 verification process. Except as specifically provided herein, any other checks, screenings, or tests (e.g., drug, health, credit, criminal, and/or skills) (collectively, “ Background Checks”) will not be performed on candidate(s). Upon Client’s written request, and AppleOne’s written agreement to such request, AppleOne can arrange, for an additional fee, to have lawful, Client-specified Background Checks performed on candidate(s). The fee for any agreed-upon Background Checks shall be determined by AppleOne at the time of Client’s request and shall be paid by Client at the time such service is performed by AppleOne and/or its preferred third party vendor(s). The Client may, at its sole discretion and cost, independently perform a Background Check, including a Live Scan, as is commensurate with the Client’s usual hiring practices to determine a 1159
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candidate’s eligibility for placement. AppleOne shall have no liability in connection with the acts or omissions of third-party vendor(s) who perform any Background Checks.

3.3 AppleOne provides its Direct Hire Services in compliance with its obligations as an equal opportunity and affirmative action employer. AppleOne’s recruiting procedures are free of discrimination based on race, religion, ancestry, color, national origin, age, gender identity or expression, genetic information, marital status, medical condition, physical or mental disability, protected veteran status, sex (including pregnancy), sexual orientation, or any other characteristic protected by applicable federal, state or local laws. AppleOne also consider qualified applicants regardless of criminal histories, consistent with legal requirements.

3.4 Except as otherwise set forth in the Agreement, Client agrees that a fee for AppleOne’s Direct Hire Services (“Direct Hire Fee”) shall be deemed earned by AppleOne when a candidate referred by AppleOne to Client is employed by Client or its subsidiary or other affiliated entity at any time within six (6) months from the date AppleOne provided the identity of such candidate to Client. This Direct Hire Fee shall be earned and due to AppleOne regardless of the position in which the candidate is hired, even if such position is different than the position for which the candidate was originally referred. In addition, unless Client presents written evidence to AppleOne of Client prior knowledge of an AppleOne referred candidate either:
i) within three (3) business days of AppleOne’s referral of such candidate to Client or ii) prior to Client’s interview of such candidate, whichever is earlier, Client understands and agrees that Client is liable for the payment of any Direct Hire Fee due to AppleOne for such candidate pursuant to this Agreement.

3.5 Client agrees that the Direct Hire Fee for an AppleOne referred candidate under the terms of this Agreement is equal to a percentage of such candidate’s first year annualized salary as set forth in the table below.

JOB CLASSIFICATION PERCENTAGE (%) OF

FIRST YEAR ANNUALIZED SALARY
Accounting Technician 20%
Other Positions Will be provided after request for position in writing

3.6 Client agrees that payment for Direct Hire Services is due upon receipt of invoice or the signing of candidate’s offer letter, whichever is later. Client understands and agrees that a default charge of one and one-half percent (1.5%) per month may be imposed on any balance that remains unpaid after thirty (30) days from the invoice date. Client agrees to pay any such default charge(s) and any costs of collection, including attorneys’ fees.

3.7 “5•50 Investment Guarantee” Terms and Conditions:
a. The 5•50 Investment Guarantee is contingent upon the timely payment of fees according to the terms set forth in this Agreement. The 5•50 Investment Guarantee may only be applied one (1) time per original candidate. Client must also notify AppleOne in writing within five (5) calendar days of a candidate’s end date should Client wish to utilize the 5•50 Investment Guarantee. i. First 30 Calendar Days – Free Replacement or Full Refund: Upon resignation or termination of the original candidate within the first thirty (30) calendar days of employment, AppleOne will provide either a free replacement for the same vacated position or a full refund of the Direct Hire Fee paid for the original candidate.
ii. 31 to 90 Calendar Days – Free Replacement or Prorated Refund: Upon resignation or termination of the original candidate between thirty-one (31) and ninety (90) calendar days of employment, AppleOne will provide either a free replacement for the same vacated position or a prorated refund of the 1160
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Direct Hire Fee paid for the original candidate. The prorated refund will be based on the number of calendar days remaining after resignation or termination within the ninety (90) day period (1/90th of the fee per calendar day).
iii. 91 Calendar Days to 5 Years – 50% Discount: Upon promotion, role change, resignation, or termination of the original candidate between ninety-one (91) calendar days and five (5) years, AppleOne will refill the same vacated position for fifty percent (50%) off the Direct Hire Fee of the position’s current market salary (a $2,000 minimum refill fee applies).
b. The 5•50 Investment Guarantee is not available in the event of employee termination or resignation due to a significant change in the employee’s compensation or other benefits of employment, reduction in force, layoff, unlawful conduct of the employer, harassment of the employee, or other conditions or events not in keeping with a professional and reasonable working environment.

Client: City of Eastvale
Signature
Printed Name
Title
Date
Address
AppleOne, Inc.

Dba AppleOne Employment Services
(“AppleOne”)
Signature
Printed Name
Title
Date
Address
1161

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 12.14
December 11, 2024
2025 City Council and Commissions Meeting/Holiday Schedule Prepared By:

Marc A. Donohue, Government Services Director/City Clerk Recommended Action(s)
Staﬀ recommends that the City Council approve the 2025 City Council/Commissions and Holiday Schedule.

Summary
This item is submi$ed for approval of the regular mee'ng schedule for the City Council, Planning Commission, Public Safety Commission, and Finance Commi$ee for calendar year 2025. Currently, the Eastvale City Council meets on the second and fourth Wednesday of the month at 6:30 p.m., the Planning Commission meets every third Wednesday of the month at 6:00 p.m., the Public Safety Commission meets every fourth Tuesday of the month at 6:00 p.m., and the Finance Commi$ee will meet quarterly on the third Tuesday of the month at 4:30 p.m.

Background
Due to several holidays, the following City Council and Commission mee'ngs have been adjusted and/or cancelled:

1 .

November 26, 2025 – Cancelled due to the Thanksgiving Holiday – City Council 2 .

December 2, 2025 – Rescheduled due to Thanksgiving Holiday – Public Safety Commission 3 .

December 23, 2025 – Cancelled due to City Hall Closure – Public Safety Commission 4 .

December 24, 2025 – Cancelled due to City Hall Holiday Closure – City Council

Consistent with past prac'ces, the proposed 2025 mee'ng schedule includes going completely dark for the month of July for City Council, Planning Commission, Public Safety Commission, and the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Finance Committee, and going dark for the second meeting in August for the City Council.

If needed, a special mee'ng of the City Council and Commissions may be called if an urgency item needed to be addressed.

Environmental
Not Applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not Applicable.

Fiscal Impact
Not Applicable.

Prior City Council/Commission Action
Not Applicable.

Attachment(s)
Attachment 2 - 2025 Holiday Schedule

Attachment 1 - 2025 Meeting Schedule

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CITY OF EASTVALE
2025 Holiday Schedule

HOLIDAY DESIGNATED DAY OBSERVED ON
“Martin Luther King Jr. Day” January 20, 2025 January 20, 2025 “President’s Day” February 17, 2025 February 17, 2025
“Memorial Day” May 26, 2025 May 26, 2025
“Independence Day” July 4, 2025 July 3, 2025
“Labor Day” September 1, 2025 September 1, 2025
“Veteran’s Day” November 11, 2025 November 11, 2025
“Thanksgiving Day” November 27, 2025 November 26, 2025
“Day After Thanksgiving” November 28, 2025 November 27, 2025 “Christmas Eve Day” December 24, 2025 December 24, 2025 “Christmas Day” December 25, 2025 December 25, 2025
“New Year’s Day” January 1, 2026 January 1, 2026

CITY HALL CLOSED TO THE GENERAL PUBLIC

December 22, 2025 – January 1, 2026

Please Note: City Hall is closed every Friday. If a holiday falls on a Friday or Saturday, City Hall is closed the previous Thursday. If a holiday falls on a Sunday, City Hall is closed the following Monday.

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2025 MEETING SCHEDULE

CITY OF EASTVALE

CITY COUNCIL, COMMISSIONS, AND

FINANCE COMMITTEE

MEETING
DATE

MEETING TYPE TIME AGENDA

DISTRIBUTION

JANUARY
Selection of Commission Chair and Vice Chair
08 City Council 6:30 pm 01/03
15 Planning Commission 6:00 pm 01/10
22 City Council 6:30 pm 01/17
28 Public Safety Commission 6:00 pm 01/24

FEBRUARY
12 City Council 6:30 pm 02/07
18 Finance Committee 4:30 pm 02/14
19 Planning Commission 6:00 pm 02/14
25 Public Safety Commission 6:00 pm 02/21
26 City Council 6:30 pm 02/21
MARCH
12 City Council 6:30 pm 03/07
19 Planning Commission 6:00 pm 03/14
25 Public Safety Commission 6:00 pm 03/21
26 City Council 6:30 pm 03/21
APRIL
09 City Council 6:30 pm 04/04
16 Planning Commission 6:00 pm 04/11
22 Public Safety Commission 6:00 pm 04/18
23 City Council 6:30 pm 04/18
MAY
14 City Council 6:30 pm 05/09
20 Finance Committee 4:30 pm 05/16
21 Planning Commission 6:00 pm 05/16
27 Public Safety Commission 6:00 pm 05/23
28 City Council 6:30 pm 05/23
JUNE
11 City Council 6:30 pm 06/06
18 Planning Commission 6:00 pm 06/13
24 Public Safety Commission 6:00 pm 06/20
25 City Council 6:30 pm 06/20
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*Regular date changed, due to holiday.
2025 MEETING SCHEDULE

CITY OF EASTVALE

CITY COUNCIL, COMMISSIONS, AND

FINANCE COMMITTEE

MEETING
DATE

MEETING TYPE TIME AGENDA

DISTRIBUTION
JULY
DARK City Council N/A N/A
DARK Planning Commission N/A N/A
DARK Public Safety Commission N/A N/A
DARK City Council N/A N/A
AUGUST
13 City Council 6:30 pm 08/08
19 Finance Committee 4:30 pm 08/15
20 Planning Commission 6:00 pm 08/15
26 Public Safety Commission 6:00 pm 08/22
DARK City Council N/A N/A

SEPTEMBER
10 City Council 6:30 pm 09/05
17 Planning Commission 6:00 pm 09/12
23 Public Safety Commission 6:00 pm 09/19
24 City Council 6:30 pm 09/19

OCTOBER
08 City Council 6:30 pm 10/03
15 Planning Commission 6:00 pm 10/10
22 City Council 6:30 pm 10/17
28 Public Safety Commission 6:00 pm 10/24

NOVEMBER
12 City Council 6:30 pm 11/07
18 Finance Committee 4:30 pm 11/14
19 Planning Commission 6:00 pm 11/14
DARK City Council N/A N/A
DARK* Public Safety Commission N/A N/A

DECEMBER
Election of Mayor & Mayor Pro Tem
02* Public Safety Commission 6:00 pm 11/25
10 City Council 6:30 pm 12/05
17 Planning Commission 6:00 pm 12/12
DARK City Council N/A N/A
1166

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 12.15
December 11, 2024
Approve Amendment to Personnel Policies & Procedures Manual and Policy Against Harassment, Discrimination, and Retaliation Prepared By:

Maricela Mejia, Assistant Human Resources & Risk Management Director Recommended Action(s)
Staff recommends that the City Council:

1 .

Adopt a resolution amending the Personnel Policies and Procedures Manual; and 2 .

Adopt a resolution amending the Policy Against Harassment, Discrimination, & Retaliation.

Summary
The Personnel Policies and Procedures Manual (Manual) serves as a comprehensive guide outlining the rights, responsibili*es, and expecta*ons of all employees within the organiza*on. It also establishes a framework for consistent and fair treatment of employees while promo*ng a posi*ve and produc*ve work environment. The Manual serves several crucial purposes including providing clear and consistent guidelines for employees and ensuring everyone understands their rights, beneﬁts, and responsibili*es. It also ensures compliance with applicable employment laws, regula*ons, and industry standards, thereby reducing the risk of legal issues and disputes. By outlining employee rights and beneﬁts, the Manual empowers employees to make informed decisions about their careers within the organization.

The Policy Against Harassment, Discrimina*on, and Retalia*on (Policy) establishes guidelines to prevent and address harassment, discrimina*on, and retalia*on in the workplace. Under the Policy, the City of Eastvale prohibits all forms of harassment, discrimina*on, and retalia*on based on race, color, na*onal origin, ancestry, religion or creed, sex and gender, including gender iden*ty and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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expression, gene*c, characteris*cs or informa*on, physical or mental disability, medical condi*on, marital status, sexual orienta*on, age, pregnancy, reproduc*ve health choices, childbirth, or related medical condi*ons, military or veteran status, any other basis protected by federal, state, or local law.

Background
The City Council has adopted a Personnel Policies and Procedures Manual applicable to all City Employees. The Human Resources & Risk Management Division along with the City A;orney’s Oﬃce periodically bring edits to the City Council for considera*on. The last Manual was revised on July 1, 2024.

The City Council adopted the Policy Against Harassment, Discrimina*on, and Retalia*on which applies to all oﬃcials, employees, interns, volunteers, and applicants for employment or participation in city programs on June 26, 2024.

Legal Updates:

Senate Bill No. 1137 (SB-1137) revised the Fair Employment and Housing Act (“FEHA”) to provide that discrimina*on may be based on intersec*onality, or the combina*on of 2 or more protected characteristics. The Manual and Policy were both modified to reflect this change.

Senate Bill No. 1100 (SB-1100) amended FEHA to make it unlawful for an employer to include a statement in employment/hiring materials that an applicant must have a driver’s license unless the employer reasonably expects the posi*on to require driving and the employer reasonably believes that sa*sfying the relevant job func*on using an alterna*ve form of transporta*on would not be comparable in travel time or cost to the employer. The Manual was modified to reflect this change.

Assembly Bill 2499 (AB-2499) expands the basis for leave for vic*ms of violence by changing the standard from being a vic*m of a crime to a vic*m of a “qualifying act of violence,” which is deﬁned to encompass speciﬁc acts/conduct/pa;ern of conduct rela*ng to violence. The Manual was modified to reflect this change.

Other Changes:

The Merit Increases sec*on of the Personnel Policies and Procedures Manual has a proposed change which maintains the intent of the language adopted by City Council during its last Manual revision.

However, it clariﬁes that the typical merit increase provided to employees is 5% depending on performance, with up to a 10% increase provided at the City Managers sole discre*on and in limited circumstances.

Environmental
Not applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: G
| Goal #: N/A
Organizational Development
Fiscal Impact 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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There is no fiscal impact associated with the proposed changes.

Prior City Council/Commission Action
The City Council ﬁrst adopted the City’s Personnel Policies and Procedures Manual in 2013 by Resolu*on 13-14. Nine revisions have occurred since then, with the most recent occurring in July 2024 by Resolution 24-27.

The City Council ﬁrst adopted the City’s Policy Against Harassment, Discrimina*on, & Retalia*on in June 2024 by Resolution 24-38.

Attachment(s)
Attachment 1 - Resolution Amending Personnel Manual

Attachment 2 -Exhibit A to Resolution - Personnel Policies & Procedures Manual

Attachment 3 -Resolution Amending Policy Against Harassment

Attachment 4-Exhibit A to Resolution -
Policy Against Harassment Discrimination

Attachment 5 - Redline of Personnel Manual

Attachment 6- Redline of Policy Against Harassment

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4892-8457-6447 v1
RESOLUTION NO. 24-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING THE CITY’S PERSONNEL POLICIES AND PROCEDURES MANUAL WHEREAS, the City of Eastvale’s Personnel Policies and Procedures Manual (“Personnel Rules”) is the official document containing the employment policies of the City; and WHEREAS, the Personnel Rules is a living document that is reviewed and updated as necessary or desirable to ensure the City’s employment policies are in compliance with applicable laws and regulations and to ensure the City is able to attract and retain top talent; and
WHEREAS, the Personnel Rules were last updated on July 1, 2024, by Resolution 24-27 NOW, THEREFORE, the City Council of the City of Eastvale does hereby resolve, determine, and order as follows:

SECTION 1. The above recitals are true and correct and are incorporated as a material part of this resolution
SECTION 2. The Personnel Policies and Procedures Manual attached hereto as Exhibit “A” and incorporated herein by reference is adopted and shall take effect on January 1, 2025.

Any and all prior approved versions of the Personnel Policies and Procedures Manual shall no longer be of any force and effect as of December 31, 2024.

PASSED, APPROVED AND ADOPTED this 11th day of December 2024. __________________________________________
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney Government Services Director/City Clerk
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

I, Marc A. Donohue, Government Services Director/City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 24-__, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 11 th day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
Government Services Director/City Clerk
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heal

CITY OF EASTVALE PERSONNEL

POLICIES AND PROCEDURES
MANUAL
January 1, 2025
Adopted by Resolution 13-14
Revised by Resolution 15-01
Revised by Resolution 17-69
Revised by Resolution 17-75
Revised by Resolution 18-12
Revised by Resolution 18-41
Revised by Resolution 18-69
Revised by Resolution 19-27
Revised by Resolution 21-02
Revised by Resolution 23-54
Revised by Resolution 24-27
Revised by Resolution 24-XX
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Policies and Procedures
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TABLE OF CONTENTS
Page
INTRODUCTION ........................................................................................................................1 ORGANIZATION ........................................................................................................................2 DEFINITIONS .............................................................................................................................3 CHAPTER 1 - EMPLOYMENT ...................................................................................................6 SECTION 1.1 EQUAL EMPLOYMENT OPPORTUNITY .................................................6 SECTION 1.2 POLICY PROHIBITING DISCRIMINATION, HARASSMENT, AND RETALIATION..........................................................................................6 SECTION 1.3 DISABLED APPLICANTS AND EMPLOYEES..........................................6 SECTION 1.4 ACCOMMODATION FOR SINCERELY HELD RELIGIOUS BELIEF .................................................................................................................7 SECTION 1.5 LACTATION ACCOMMODATION ............................................................8 SECTION 1.6 RECRUITMENT/SELECTION OF EMPLOYEES ......................................9 SECTION 1.7 MEDICAL EXAMINATIONS ....................................................................12 SECTION 1.8 NEPOTISM AND CONSENSUAL ROMANTIC RELATIONSHIPS ..........13 SECTION 1.9 PROBATION...........................................................................................17 SECTION 1.10 PERFORMANCE EVALUATION AND PERFORMANCE
IMPROVEMENT PLANS........................................................................18 SECTION 1.11 OUTSIDE EMPLOYMENT, ACTIVITY, OR ENTERPRISE / CONFLICT OF INTEREST.....................................................................19 SECTION 1.12 TRAINING OF EMPLOYEES................................................................21 SECTION 1.13 POLITICAL ACTIVITIES OF PUBLIC EMPLOYEES.............................22 SECTION 1.14 USE OF CAMERAS, VIDEO SURVEILLANCE, AND GPS SYSTEMS ..............................................................................................22 SECTION 1.15 USE OF CITY TECHNOLOGICAL RESOURCES.................................22 SECTION 1.16 MANAGEMENT PREROGATIVES .......................................................22 SECTION 1.17 ACCEPTANCE OF GIFTS....................................................................23 SECTION 1.18 TELECOMMUTING ..............................................................................23 SECTION 1.19 EMPLOYEE’S HOME ADDRESS AND STATUS OF DRIVER’S LICENSE – DUTY TO UPDATE .............................................................23 SECTION 1.20 PERSONAL APPEARANCE, GROOMING AND DRESS CODE ..........24 SECTION 1.21 NEWS MEDIA RELATIONS..................................................................25 SECTION 1.22 ATTENDANCE AND PUNCTUALITY....................................................25 SECTION 1.23 TOBACCO, E-CIGARETTE, VAPING POLICY .....................................25 SECTION 1.24 PERSONNEL RECORDS .....................................................................26 1173
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CHAPTER 2 – CLASSIFICATION AND COMPENSATION......................................................29 SECTION 2.1 EMPLOYEE CLASSIFICATIONS/AUTHORIZED POSITIONS................29 SECTION 2.2 WORKWEEK AND SCHEDULES ...........................................................30 SECTION 2.3 PAYROLL PROCESSING.......................................................................32 SECTION 2.4 REST AND MEAL PERIODS – NON-EXEMPT (HOURLY) EMPLOYEES .........................................................................................34 SECTION 2.5 OVERTIME COMPENSATION/COMPENSATORY TIME OFF...............34 SECTION 2.6 BI-LINGUAL PAY....................................................................................35 SECTION 2.7 TEMPORARY ASSIGNMENTS ..............................................................36 SECTION 2.8 CALL BACK PAY....................................................................................37 SECTION 2.9 ON CALL (STANDBY) PAY ....................................................................37 SECTION 2.10 CAR ALLOWANCE...............................................................................37 SECTION 2.11 PHONE ALLOWANCE..........................................................................37 SECTION 2.12 SALARY AND WAGE SCHEDULES.....................................................38 SECTION 2.13 ADVANCEMENT WITHIN THE SCHEDULE.........................................38 SECTION 2.14 CHANGES IN EMPLOYMENT STATUS...............................................38 SECTION 2.15 TRAVEL EXPENSES............................................................................40 SECTION 2.16 EDUCATIONAL EXPENSE REIMBURSEMENT...................................40 CHAPTER 3 EMPLOYEE BENEFITS ......................................................................................41 SECTION 3.1 HOLIDAYS..............................................................................................41 SECTION 3.2 WINTER HOLIDAY CLOSURE...............................................................41 SECTION 3.3 INSURANCE BENEFITS ........................................................................42 SECTION 3.4 RETIREMENT BENEFITS ......................................................................44 SECTION 3.5 TEMPORARY PART-TIME EMPLOYEES ..............................................46 CHAPTER 4 - LEAVE OF ABSENCE ......................................................................................47 SECTION 4.1 GENERAL INFORMATION.....................................................................47 SECTION 4.2 VACATION .............................................................................................47 SECTION 4.3 SICK LEAVE...........................................................................................49 SECTION 4.4 FAMILY CARE AND MEDICAL LEAVE; PREGNANCY DISABILITY LEAVE; MILITARY FAMILY LEAVE; NEW PARENT LEAVE .................50 SECTION 4.5 CIVIL AIR PATROL LEAVE ....................................................................50 SECTION 4.6 CRIME VICTIMS’ LEAVE........................................................................51 SECTION 4.7 VICTIMS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT...............51 SECTION 4.8 MILITARY LEAVE...................................................................................51 SECTION 4.9 ORGAN AND BONE MARROW DONATION LEAVE..............................51 1174
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SECTION 4.10 SCHOOL ACTIVITIES/SCHOOL APPEARANCE LEAVE .....................51 SECTION 4.11 VOLUNTEER FIREFIGHTERS, RESERVE

PEACE OFFICERS, AND EMERGENCY RESCUE PERSONNEL
LEAVE 52
SECTION 4.12 VOTING LEAVE....................................................................................53 SECTION 4.13 PERSONAL LEAVE OF ABSENCE WITHOUT PAY.............................53 SECTION 4.14 JURY DUTY OR WITNESS APPEARANCE LEAVE.............................54 SECTION 4.15 MANAGEMENT LEAVE........................................................................54 SECTION 4.16 BEREAVEMENT LEAVE ......................................................................55 SECTION 4.17 INDUSTRIAL ILLNESS AND/OR INJURY LEAVE ................................56 SECTION 4.18 FITNESS FOR DUTY LEAVE AND EXAMINATION .............................57 CHAPTER 5 – EMPLOYEE CONDUCT, DISCIPLINE AND DISCIPLINARY APPEALS.........60 SECTION 5.1 GENERAL POLICY STATEMENT ..........................................................60 SECTION 5.2 TYPES OF DISCIPLINARY ACTIONS....................................................60 SECTION 5.3 GROUNDS FOR DISCIPLINARY ACTION .............................................61 SECTION 5.4 DISCIPLINING AUTHORITY...................................................................63 SECTION 5.5 MAJOR AND MINOR DISCIPLINE .........................................................63 SECTION 5.6 DISCIPLINARY PROCEDURES.............................................................64 SECTION 5.7 APPEAL PROCEDURES........................................................................66 SECTION 5.8 PLACEMENT ON PAID ADMINISTRATIVE LEAVE PENDING DETERMINATION OF DISCIPLINARY ACTION....................................68 SECTION 5.9 TIME EXTENSIONS ...............................................................................69 SECTION 5.10 DELIVERY OF NOTICES .....................................................................69 SECTION 5.11 DISCIPLINARY RECORDS ..................................................................69 CHAPTER 6 – EMPLOYEE SAFETY.......................................................................................70 SECTION 6.1 DRUG- AND ALCOHOL-FREE WORKPLACE .......................................70 SECTION 6.2 EMPLOYEE SAFETY .............................................................................70 CHAPTER 7 – SEPARATION FROM EMPLOYMENT AND FURLOUGH................................72 SECTION 7.1 RESIGNATION/RETIREMENT ...............................................................72 SECTION 7.2 LAYOFF..................................................................................................72 SECTION 7.3 ABANDONMENT OF EMPLOYMENT ....................................................74 SECTION 7.4 FURLOUGH AND REDUCTION OF HOURS..........................................74 ACKNOWLEDGEMENT OF RECEIPT.....................................................................................78 1175
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INTRODUCTION
This Personnel Policies and Procedures Manual (“Manual”) applies to all employees of the City of Eastvale (“City”) and to others as indicated. An “employee” is generally defined as an individual whose work is within the usual course of the City’s business, and directed and controlled, or is subject to the direction or control, by the City with respect to the final results of the work and the details of when, where and how the work is to be done. This Manual contains Employment Policies of the City. Each City employee is responsible for knowing and understanding its contents. In addition, each City employee is responsible for knowing, understanding, and adhering to any specific departmental policy.

Violations of the provisions of this Manual 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 Except as otherwise provided, any duties, responsibilities, powers, and authority granted by this Manual or the Personnel Ordinance to any person may be delegated, in writing, to another employee at the discretion of the delegating individual.

Nothing in this Manual shall be deemed to create a vested contractual right for any employee.

Amendments and revisions shall become effective upon adoption by the City Council, or at a later date specified by the City Council when adopting the amendments and revisions. If the terms and provisions of this Manual are inconsistent or in conflict with the terms and provisions of any prior City Personnel Policies and Procedures, resolutions, regulations, and/or policies governing the same subject, the terms of this Manual will prevail and such inconsistent or conflicting provisions or prior rules, resolutions, regulations, and/or policies are hereby repealed.

The City Manager is authorized to issue written guidelines to implement and enforce this Manual, 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.

In the event of a conflict between this Manual and an Administrative Policy or a Department’s policy or procedure, this Manual shall control.

When any local, state, or federal ordinance, regulation, or law that is incorporated in this Manual or upon which this Manual relies is amended, this Manual shall be deemed amended in conformance with those amendments.

If any section, subsection, sentence, clause, or phrase of this Manual is found to be illegal by a court of competent jurisdiction, such findings shall not affect the validity of the remaining portions of this Manual.
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ORGANIZATION
The City was incorporated as a City on October 1, 2010. The City is governed by a City Council, consisting of five (5) persons, each elected for a term of four (4) years. The City Council generally meets twice a month, on the 2nd and 4th Wednesday of each month, unless otherwise directed by the City Council.

The City Council adopts policies and specifies what City services are to be provided to City residents. Some of the services that the City provides includes public safety services (Police [through contract with the Riverside County Sheriff’s Department] and Fire [through contract with CalFire]), Building and Safety Services, Animal Control (through contract with Riverside County), Planning and Public Works.

The City Council’s policies are implemented by the City Manager, who is directly responsible to the City Council for the administration and implementation of the Council policies and priorities.

To assist the City Manager, the City employs a staff of administrative, technical and field personnel. The City further utilizes contractors to provide a number of City services. Contractors are not City employees.

The City’s activities and services are divided into functional departments, with Department Heads assigned to each department.
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DEFINITIONS
General Definition: All words and terms used in this Manual and in any personnel policies or procedures are intended to be defined as they are normally and generally defined in the field of personnel administration, unless a specific definition is provided in this Manual.

Specific Definitions:

Acting Appointment: An interim appointment of a current City employee by the City Manager to temporarily perform the full duties of a position with a higher maximum base rate of pay.

City: The City of Eastvale.

City Council: The City Council of the City of Eastvale.

Class/Class of position/Classification: All positions sufficiently similar in duties, authority, qualifications, and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion, and salary.

Compensation: The salary, wage, allowance, and all other forms of valuable consideration earned by or paid to any employee by reason of service in any position, but does not include expenses authorized and incurred incidental to employment.

Classified Service: means 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: 1) Elected officers; 2) Members of appointed boards, commissions and committees; 3) Persons engaged under contract to supply expert, professional, or technical services for a definite period of time; 4) Volunteer personnel; 5) City Manager; 6) City Attorney; 7) Department heads; and 8) Employees serving in hourly, temporary, provisional, part-time, or seasonal appointments.

City Manager: The City Manager of the City of Eastvale or designee.

Days: Calendar days unless stated otherwise in these Rules.

Domestic Partner/Registered Domestic Partner: Means a member of a registered domestic partnership under California law.

Eligibility List: A list that contains the names of successful applicants according to their relative performance in the examination process and other terms set forth in this Manual. The applicants may be ranked in descending final ratings based on average scores through the interview process.

Eligibles: Persons who have taken an open-competitive examination or promotional examination and have qualified for placement on an eligibility list. 1178
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Full-Time Employees: Employees who hold budgeted positions that normally require a 40-hour work week or that have been approved by the City Council to be a full- time position.

Furlough: Temporary, involuntary, non-disciplinary employee absence from duty that may be implemented by the City in addition to, or as an alternative to, layoff or other cost saving measures. Furlough time does not constitute a break in service for purposes of these Rules.

Human Resources and Risk Management Director: The Human Resources and Risk Management Director or designee.

Job Description: A written description of a class, identifying factors and conditions which are essential characteristics of the class, including the title, examples of duties and responsibilities which are typical of positions in the class, any factors or conditions which distinguish it from other classes, and necessary or desirable qualifications to perform the duties of positions in the class.

Lay-Off: The separation of employees from the active work force due to lack of work or funds, or organizational changes, or to the abolition of positions by the City Council for any of those reasons.

Management: means the group of full-time, at-will appointments, exempt –executive employees appointed by the City Manager and including the City Manager.

Part-Time Employees: Employees who hold positions normally requiring fewer than 40 hours worked per week or fewer than 80 hours worked per pay period. Part-time employees are not subject to the terms and conditions of the following sections of this Manual: 1) Section 1.6 Recruitment; 2) Section 1.9 Probation; 3) Section 1.18 Telecommuting; 4) Section 2.6 Bi-lingual Pay; 5) Section 2.7 Temporary Assignments; 6) Section 2.8 Call Back Pay; 7) Section 2.9 On Call (Standby) Pay; 8) Section 2.10 Car Allowance; 9) Section 2.11 Phone Allowance; 10) Section 3.1 Holidays; 11) Section 3.4 Retirement; 12) Section 4.2 Vacation; 13) Section 4.3 Sick Leave; 14) Section 4.13 Personal Leave of Absence without Pay; 15) Section

4.14 Jury Duty; 16) Section 4.16 Bereavement Leave; and 17) Chapter 5.

Personnel Officer: The City Manager is the Personnel Officer for all City employees, except for all positions for which appointing authority is reserved by the City Council or as otherwise provided in the Municipal Code. The City Manager may delegate their appointing authority to a Department Head Position: A group of duties and responsibilities assigned to an employee.

Probationary Period: An integral part of the selection process during which an employee is required to demonstrate fitness for his/her position based on actual performance of the duties of the position.

Reclassification: The reassignment of one position in a class to a different class by the City Manager in accordance with this Manual.
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Reemployment List: A list of names of laid off employees, who may have reinstatement rights, for a specific classification or position.

Regular Full Time or Regular Part Time Employee: An employee in the classified service who has successfully completed the probationary period and has been retained in accordance with this Manual.

Resignation: The voluntary separation of a City employee from the City service. A written resignation is accepted upon receipt by the City and may not be withdrawn except by authorization of the City Manager when it is deemed that the City’s best interests are served by permitting resignation withdrawal.

Salary Rate/Base Salary Rate: The dollar amount paid to an employee in accordance with the salary range for the employee’s class, exclusive of any overtime compensation, stipends, premium pay, or other wage augments.

Temporary Employee: A person who is employed by the City for a limited period of time for a specified, limited purpose. Temporary Employees may not work more than 1,000 hours per fiscal year, and full-time Temporary Employees may not work for longer than 6 continuous months. Temporary Employees are eligible for only those benefits required by applicable State and Federal laws. Temporary Employees are at-will employees and may be separated from employment at any time with or without cause. Temporary Employees are not subject to the terms and conditions of the following sections of this Manual: 1) Section 1.6 Recruitment; 2) Section 1.9 Probation; 3) Section 1.18 Telecommuting; 4) Section 2.6 Bi-lingual Pay; 5) Section 2.7 Temporary Assignments; 6) Section 2.8 Call Back Pay; 7) Section 2.9 On Call (Standby) Pay; 8) Section 2.10 Car Allowance; 9) Section 2.11 Phone Allowance; 10) Section 3.1 Holidays; 11) Section 3.4 Retirement; 12) Section 4.2 Vacation; 13) Section 4.3 Sick Leave; 14) Section 4.13 Personal Leave of Absence without Pay; 15) Section 4.14 Jury Duty; 16) Section 4.16 Bereavement Leave; and 17) Chapter 5.
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6 CHAPTER 1 - EMPLOYMENT
SECTION 1.1 EQUAL EMPLOYMENT OPPORTUNITY
The City is an equal opportunity employer and makes employment decisions on the basis of merit.

The City wants to have the best available persons in every job. The City’s policy prohibits unlawful discrimination based on 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, a combination of those characteristics, and/or any other characteristic protected by federal and/or state law. It also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics or a combination of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics or a combination of those characteristics, and any other basis protected by federal, state or local law or ordinance or regulation. The City is committed to treating all employees equally and fairly regardless of these actual or perceived characteristics or associations. All such discrimination is prohibited. This policy applies to all City employees, applicants, interns, volunteers and persons providing services pursuant to a contract.

SECTION 1.2 POLICY PROHIBITING DISCRIMINATION, HARASSMENT, AND RETALIATION The City’s policy prohibits unlawful harassment and discrimination based upon an applicant or employee’s race, genetic information, religion, creed, color, sex, gender, gender identity, gender expression, sexual orientation, national origin, ancestry, military or veteran status, marital status, pregnancy, reproductive health decision-making, childbirth, breastfeeding, or a related medical condition, age over 40, medical condition, physical or mental disability, or a combination of those characteristics, or any other characteristic protected under state, federal, or local law.

The City also prohibits unlawful harassment and discrimination based on the perception that anyone has any of those characteristics or a combination of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics or a combination of those characteristics. In addition, the City prohibits retaliation because of the applicant or employee’s opposition to a practice he/she reasonably believes to constitute employment discrimination or harassment or because of his/her employee’s participation in an employment investigation, proceeding or hearing.

Applicants or employees who believe they have been harassed, discriminated against, or retaliated against, should report that conduct in accordance with the City’s complaint procedures.

Applicants and employees should review the City’s complete Policy Prohibiting Discrimination, Harassment and Retaliation Policy.

SECTION 1.3 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. Employment practices (e.g., hiring, training, testing, transfer, promotion, compensation, benefits, and disciplinary action) will not discriminate against disabled employees or applicants. 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"). 1181
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7 1.3.1 Request for Accommodation
An applicant or employee who desires a reasonable accommodation to perform essential job functions should make such a request in writing to Human Resources and Risk Management.

The request must identify: a) the job-related 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.

1.3.2 Reasonable Documentation of Disability
Following receipt of the request, Human Resources and Risk Management 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.

1.3.3 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.

1.3.4 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.

1.3.5 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 4.18.

SECTION 1.4 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:

1.4.1 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 and Risk Management. This request may be 1182
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8 made orally or in writing, however the City encourages written requests. Such requests should include the following relevant information:
a. A description of the accommodation requested;
b. The reason the accommodation is necessary; and
c. A description as to how the accommodation will resolve the conflict between the person’s religious beliefs or practices and the City’s application or employment requirements for the corresponding position.

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.

SECTION 1.5 LACTATION ACCOMMODATION
a. 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.
b. An employee seeking lactation accommodation must contact Human Resources and Risk Management 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.
c. Following such a request, the City will provide written details to the employee regarding the terms of the lactation accommodation, which will include:
(i) 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. (A) 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 battery-powered breast pump.
(B) 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.
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9 (ii) 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 1.6 RECRUITMENT/SELECTION OF EMPLOYEES
All persons considered for employment with the City shall be qualified to perform the duties of the position for which they may be employed. No individual who has served as an elected or appointed member of a legislative body of the City will be considered for employment with the City unless that individual is no longer serving as an elected or appointed official of the City and a period of one year has passed since their service as an elected or appointed official terminated.

As set forth in greater detail below, all new employees may, depending upon the job applied for, be required to undergo fingerprinting, background check, medical and/or psychological exams, polygraphs, and pre-employment drug testing before reporting for work. All employees shall be required to sign an Oath of Office pursuant to State law.

All new employees must provide and maintain necessary documentation to prove identity and the right to work in the United States in accordance with Federal and State Immigration and Naturalization laws (per I-9 Form). Failure to provide such documentation will result in disqualification from selection and/or grounds for immediate termination.

These steps establish a procedure for all phases of the employment process for regular full time and regular part- time employees. The City Manager, or designee, will administer and coordinate the hiring process for all position vacancies to ensure compliance with contractual, legal and equal employment opportunity requirements. All such hiring efforts are conducted in the spirit of equal opportunity and non- discrimination.

All regular full-time and regular part-time City appointments and promotions shall be based on merit and fitness and will be determined by the results of any or all of the following testing procedures: written test, practical skills examination, and/or oral interview.

1.6.1 Internal Recruitment
The City Manager, or designee, may first consider recruitment from within the City. Recruiting from within the City is considered an internal recruitment and must be recommended by the Department Head and approved by the City Manager.

It is the policy of the City to recruit from within the City organization whenever feasible and consistent with the City’s interests of developing and retaining talent. Electronic job-flyers will be prepared and disseminated to employees informing them of current openings, and qualified employees are encouraged to apply.

Full-time and part-time employees interested in internal opportunities shall follow the procedures below:
a. Employee(s) may submit a completed City Employment Application to Human Resources and Risk Management, by the position’s stated closing date. A supplemental questionnaire may also be required, as noted on the electronic job flyer. 1184
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10 b. The Human Resources and Risk Management Director will notify the employee(s) if he/she will be interviewed or tested for the position. c. After successfully completing the selection process, and upon the City Manager’s approval, the selected employee(s) will be notified of their appointment to the position(s). d. Open Recruitment
e. If an internal recruitment is not recommended or approved, the Human Resources and Risk Management Director, will seek candidates through a recruitment open to internal and external candidates.

The Human Resources and Risk Management Director will determine the best method for seeking candidates through open recruitment, including, but not limited to any of the following procedures:
job announcements in print and online, mailing lists and/or advertisements through professional associations and related outreach.

1.6.2 Examination Process
Examinations shall be conducted to assist with the selection of qualified candidates. Test selection techniques will examine the qualifications of the candidates. Tests may include, but are not limited to, written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, or any combination of these. All examinations given will be job related and designed to determine a candidate’s knowledge, skills, and abilities to perform the essential job functions.

Pre- employment physical, medical, psychological, drug and alcohol tests may be given as part of any examination if required for performing the essential job functions. Any such examinations will be performed only after a conditional offer of employment has been made.

The City Manager, or designee, will ensure that all examination results remain confidential and that reasonable accommodations are made in examinations for persons with disabilities under the ADA and/or FEHA, when needed.

1.6.3 Interview Process
The employment interview is a significant part of the selection process. The interviewer’s function is to discover a candidate’s knowledge, skills, and abilities to perform the essential job functions.

Certain guidelines must be observed to ensure compliance with State and Federal laws and to maximize the reliability of the interview process.

Interview questions must be job-related and designed to measure a candidate’s job knowledge, experience and education necessary to perform the essential job functions.

All interview panel members, if utilized by the City Manager, will be informed of the position responsibilities and requirements and each panel member must independently rate candidates using an objective measurement scale developed by the City.

Only the most highly rated candidate (s) will be considered for final evaluation and review. 1185
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11 1.6.4 Reference Check
Before an offer of employment is extended, the City shall conduct a reference check on any candidate. The purpose of the reference check is to verify prior employment duties, dates of employment, performance record, attendance record, and any other pertinent information.

1.6.5 Criminal Conviction History
Except as otherwise required by law, 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.

1.6.6 Rejection
The City may reject an applicant, at any point in the recruitment or hiring process, under any of the following circumstances:
a. The applicant does not possess the minimum qualifications required for the position;
b. The applicant failed to submit a complete application; c. The applicant has made any false statement, misrepresentation, or omission of any material fact, or who had practiced, or attempted to practice, any deception or fraud in the person’s application;
d. The applicant has not signed the application under penalty of perjury; e. The applicant did not submit the application in a timely manner; f. The applicant has otherwise violated provisions of these Rules; or g. The applicant has demonstrated other reasons which would indicate that the applicant is unfit for the position.

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 e-mailed to the last known e-mail address; it will be the applicant’s responsibility to keep the applicant’s current e-mail address on file. Whenever an application is rejected, Human Resources and Risk Management will e-mail notice of such rejection to the applicant.

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.
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12 1.6.7 Candidate Notification
After references are verified and a decision to provide a conditional job offer is made, the City will notify the selected candidate, in writing, and make an employment offer, contingent upon passing required health screening as defined in Section 1.7 below and successful completion of a criminal history check as provided in Section 1.6.5 above, as may be applicable. Once the candidate successfully completes the medical examination and criminal history check, as may be applicable, all other candidates, if any, will be notified in writing that they were not selected for the position and that they will remain on the eligibility list for a one year period.

SECTION 1.7 MEDICAL EXAMINATIONS
Following a conditional offer of employment, prospective employees may be required to complete a job related pre-employment 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 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. 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.

1.7.2 Confidentiality.

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. 1187
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13 1.7.3 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.

SECTION 1.8 NEPOTISM AND CONSENSUAL ROMANTIC RELATIONSHIPS

1.8.1 Nepotism
a. Definitions:
(i) Applicant. A person who applies for a position at the City and is not a Current Employee.
(ii) Change of Status. A change in the legal status or personnel status of one or more Current Employees.
(A) Changes in legal status include but are not limited to marriage, divorce, separation, or any such change through which a Current Employee becomes a Family Member or ceases to be a Family Member of another Current Employee. (B) Changes in personnel status include but are not limited to promotion, demotion, transfer, resignation, retirement or termination of a Current Employee who is a Family Member of another Current Employee.
(iii) Current Employee. A person who is presently a City employee, or an elected or appointed City official.
(iv) Direct Supervision. One or more of the following roles, undertaken on a regular, acting, overtime, or other basis shall constitute Direct Supervision:
(A) Occupying a position in an employee’s line of supervision; or (B) Functional supervision, such as a lead worker, crew leader, or shift supervisor; or
(v) 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.
(vi) Family Member. A spouse, domestic partner, parent, parent-in-law, step- parent, legal guardian, sister, step-sister, sister-in-law, brother, step-brother, brother-in-law, child, step-child, legal ward, daughter-in-law, son-in-law, grandchild, or grandparent. (vii) Prohibited Conduct. Conduct by Family Members including, but not limited to, one or more of the following:
(A) Participation directly or indirectly in the recruitment or selection process for a position for which a Family Member is an Applicant. 1188
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14 (B) Direct Supervision of a Family Member that does not comply with limitations set forth in this policy;
(C) Conduct by one or more Family Members that has an adverse effect on supervision, safety, security or morale.
b. Applicants for Employment.
(i) Right to Apply. No qualified Applicant may be denied the right to file an application for employment and compete in the examination process. However, consistent with this policy, the City may reasonably regulate, condition, or prohibit the employment of an Applicant. (ii) Disclosure of Relationship. Each Applicant is required to disclose the identity of any Family Member who is a Current Employee. (iii) Review of Human Resources and Risk Management Director. For each Applicant who has a Family Member who is a Current Employee, the Human Resources and Risk Management Director shall assess whether any of the following circumstances exist:
(A) Business reasons of supervision, safety, security or morale warrant the City’s refusal to place the Applicant under Direct Supervision by the Family Member; or (B) Business reasons of supervision, security, or morale that involve potential conflicts of interest or other hazards that are greater for Family Members than for other employees, which warrant the City’s refusal to permit employment of Family Members in the same department, division, or facility.
(iv) Decision of the Human Resources and Risk Management Director. If the Human Resources and Risk Management Director determines that either of the above circumstances exist, the Human Resources and Risk Management 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. (A) Following examination, if the Applicant is successfully certified as eligible pursuant to Section 1.6.7, he or she may be employed in a position for which the Human Resources and Risk Management Director has determined that neither circumstance exists pursuant to Section 1.8.1.b.iii above.
(B) When an eligible Applicant is refused appointment by virtue of this section, his or her name shall remain on any employment list that has been created for openings in the same classification. For each opening, the Human Resources and Risk Management Director shall make a determination consistent with Section 1.8.1.b.iii above. c. Guidelines for Current Employees.
(i) Employees shall report a Change of Status to the Human Resources and Risk Management 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.
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15 (ii) Within thirty days from receipt of notice, the Human Resources and Risk Management 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. (A) The Human Resources and Risk Management Director shall consult with the 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.
(B) Notwithstanding the above provisions, the City retains the right to exercise its discretion to determine that the potential for creating an adverse impact on supervision, safety, security, or morale cannot be sufficiently minimized and to take further action as set forth in Section 1.8.1.d.ii below.
d. Monitoring by Department Head.
(i) 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 Human Resources and Risk Management Director’s determination. The Department Head shall document these actions.

Successive Department Heads may re-visit such a determination at their discretion. (ii) 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 Human Resources and Risk Management Director’s determination. Depending on the severity of the Prohibited Conduct, the Department Head may recommend that the Human Resources and Risk Management Director take one or more of the following additional measures:
(A) 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. (B) 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. (iii) 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. (iv) Where situations exist prior to the effective date of this policy that may be in conflict with this policy , every effort shall be made to reasonably address the situation so as to avoid any future conflict.
e. Appeal of Human Resources and Risk Management Director Determination.

Current Employees and Applicants affected by the application of this policy, may appeal the action to the Human Resources and Risk Management Director within ten days of the action. The Human Resources and Risk Management 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 1190
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16 the Human Resources and Risk Management Director’s decision may appeal to the City Manager within five days of receipt of the Human Resources and Risk Management 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 City Manager is final, and no other appeal may be had unless the employee is entitled to further administrative appeal under other provisions of this Manual.
f. 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 Human Resources and Risk Management Director. g. Savings Clause. Should any provision of this policy, 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.

1.8.2 Consensual Romantic Relationships Between Employees a. 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.
b. 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 1.8.1 regarding nepotism shall govern employees who marry or become domestic partners with another City employee.
c. 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.
d. 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 Human Resources and Risk Management 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. e. Determination by Human Resources and Risk Management Director. Within five working days, the Human Resources and Risk Management Director shall issue a written determination as to whether the relationship presents a conflict, and is thereby prohibited. The Human Resources and Risk Management Director, in consultation with the City Manager, shall have exclusive discretion in making the determination.
f. Resolution of Conflicts. Subject to limitations imposed by the Municipal Code and applicable provisions of this Manual, the City Manager or designee will attempt in good faith to work with the Supervisor and the other employee to consider options to eliminate the conflict, 1191
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17 including removing the Supervisory authority that created the conflict, reassignment, transfer or voluntary demotion of a Supervisory employee, or where the City Manager or designee determines that modification of a Supervisor’s assignment is not feasible, reassignment, transfer or voluntary demotion of a non-Supervisory employee. The City Manager or designee retains discretion to determine that the conflict may be resolved via voluntary resignation or termination only.
g. 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. h. 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 1.9 PROBATION
The probationary period is an integral part of the employment process and provides the opportunity to observe the employee’s work and assist the employee’s adjustment to the new position. This section only applies to regular full-time and regular part-time classifications. This section does not apply to at-will management employees.

1.9.1 Duration
All regular employees shall serve probationary periods, and all newly hired employees will serve a minimum one-year probationary period. Employees promoted into a higher-level position shall serve a six-month promotional probationary period. Probationary periods may be extended in accordance with this Manual and as permissible by law.

1.9.2 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 and Risk Management Office.

1.9.3 Extensions
a. Prior to the end of any probation period, the probation period may be extended by a maximum of twelve (12) additional months with the approval of the City Manager, or designee. 1192
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18 b. Periods of time off work during unpaid absences will automatically extend the probationary period by the number of days of the absence. Further, periods of time on paid leave exceeding 20 consecutive working days will extend the probationary period by a corresponding number of days.
c. The employee will be notified in writing of such an extension.

1.9.4 Rejection from Promotional Probation or Employee Initiated Transfer Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which the employee was promoted if it remains vacant, unless:
a. Charges are filed and the employee is discharged in the manner provided in these rules for positions in the classified service;
b. No vacancy exists for the classification to which the employee would revert; or c. 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.

1.9.5 Probationary Period Following Demotion, Transfer, Reinstatement or Reemployment a. 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. b. 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. c. Reinstatement. A new 12-month probationary period will be required upon reinstatement to a position, unless specifically waived in writing by the City Manager d. 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 the person previously successfully completed a probationary period.

SECTION 1.10 PERFORMANCE EVALUATION AND PERFORMANCE IMPROVEMENT PLANS
The purpose of the performance evaluation is to accurately assess the employee’s overall job performance, and to set goals with the employee that further job knowledge and enhance skills and abilities. Performance Improvement Plans may be implemented based on the Department Head’s sole discretion, are not disciplinary in nature, and aim to assist employees better perform their job duties.

1.10.1 Performance Evaluation
All regular full-time employees regular part-time employees, and part-time employees will receive a comprehensive performance evaluation from their immediate supervisor annually. The 1193
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19 evaluation period may be extended if the employee takes a leave of absence. Newly hired City employees, who are subject to a probationary period, may receive an optional performance evaluation during the probationary period, generally six (6) months after the hire date at the City Manager’s sole discretion. In the event more than one (1) person supervises an employee, all supervisors are required to participate in the performance evaluation process. Except for the optional performance evaluation during the probationary period, employees may be eligible for a merit increase in conjunction with their annual performance review.

At-will management positions may receive an optional performance evaluation at the City Manager’s discretion.

Performance evaluations will be prepared on a City performance evaluation form, discussed with the employee, and placed in the employee’s personnel file where it can be examined by the employee at reasonable times upon request. An employee may receive additional performance appraisals from time to time whenever it is considered appropriate by the employee’s supervisor(s). Employees will be required to submit their self-evaluation, accomplishments and goals to their supervisor, prior to the preparation of the performance evaluation.

An employee may file a written response to a performance evaluation, regardless of the overall rating, within thirty (30) working days, which will be placed with the evaluation in the employee’s personnel file. The written response shall be prepared by the employee on their own time. City time and resources may not be used to prepare the written response. There is no requirement for management to respond in writing to the employee’s written response. Performance evaluations provided under this section are not subject to appeal or grievance.

1.10.2 Performance Improvement Plans
An employee’s Department Head, or designee, may place an employee on a Performance Improvement Plan (“PIP”) to correct an employee’s failure to meet departmental performance expectations on consistent basis. The PIP is designed to clarify performance expectation for employees. It is a supplement to, not a replacement for, an employee’s job description detailing the employee’s job duties. A PIP will provide employees, among other things, with the following:
1) specific areas for improvement; 2) recommendations regarding strategies to improve the employee’s job performance; 3) periodic evaluation of the employee’s adherence to the PIP; and 4) timeline indicating the PIP’s duration. At the conclusion of a PIP period, one of the following will occur: 1) the PIP will be concluded because the employee has successfully met the expectations; 2) the PIP will be extended; or 3) disciplinary action will be taken.

SECTION 1.11 OUTSIDE EMPLOYMENT, ACTIVITY, OR ENTERPRISE / CONFLICT OF

INTEREST
As a public agency, the City must be particularly sensitive to real, potential, or perceived conflicts of interest. The City expects all employees to adhere to the highest ethical and professional standards. City employees are employed on the condition that employment with the City is their primary employment and that they shall not engage in any employment, activity or enterprise for compensation which is inconsistent, incompatible or in conflict with his/her duties, functions or responsibilities as a City employee. The purpose of this policy is to establish guidelines for City employees regarding dual employment or outside activities that may conflict with City employment.

No City employee shall use his/her name as an employee of the City to seek benefit from any commercial or business enterprise. No employee shall approve or utilize the name, uniform or 1194
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20 prestige of the City, or any City department, for any such purpose. Because of their knowledge and expertise, outside employment or other income opportunities may become available to City employees. If an employee is considering such an opportunity, he or she must fully disclose the employment opportunity to the City and to have it carefully reviewed to avoid conflict of interest.

Failure to disclose outside employment or potential business opportunities that may create a conflict of interest is grounds for disciplinary action up to and including termination.

Employees shall notify the City Manager in writing if they are considering the following:
a. Simultaneous employment by any other employer;
b. Participation in an outside business on their own or with others; or c. Involvement in any other outside activity where they receive any form or amount of compensation.

The City Manager or designee shall determine if a conflict exists. If a conflict of interest or scheduling problem exists, the City may terminate the employee’s City employment unless the employee elects to resign from the other employment or outside activity.

An employee’s outside employment, activity or enterprise may be prohibited if it:
a. Involves the use of City time, facilities, equipment and supplies, the badge, uniform prestige or influence of his/her City department or employment for private gain or advantage. b. Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee would be required or expected to render in the regular course or hours of his/her City employment or as a part of his/her duties as a City employee.
c. Involves the performance of an act in other than his/her capacity as a City employee which may later be subject directly or indirectly to the control, inspection, review or audit, or enforcement of any other employee to the department by which he/she is employed. d. Involves such time demands as would render performance of his/her duties as a City employee less efficient.

Procedure for obtaining approval:
a. The employee shall request authorization of outside employment from the employee’s Department Head, or designee by completing the Authorization for Outside Employment Form prior to entering into the requested outside employment. b. The employee’s Department Head, or designee shall authorize outside employment in accordance with this policy. In the event a request for outside employment is denied, written comments will be provided to the employee. c. The employee’s Department Head, or designee shall furnish the requesting employee a copy of the Authorization for Outside Employment indicating approval/denial and forward a copy to the employee’s personnel file.
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21 d. The employee may appeal the decision determining that the outside employment or activity is prohibited to the City Manager by submitting a written appeal to the City Manager within ten days of such determination. Failure of the employee to submit a timely written appeal shall waive the employee’s right to such appeal. The written appeal shall include reasons that the employee believes the determination that the outside employment/activity is not prohibited under this policy.
e. Within ten days of receiving the employee’s written appeal, the City Manager shall issue a decision either affirming or reversing the determination regarding the employee’s outside employment/activity. The City Manager’s decision shall be final and binding and not subject to any further appeal. An employee who continues outside employment/activity after a determination that such outside employment/activity is prohibited is subject to disciplinary action, including and up to termination of employment.

Every public employee who makes or influences governmental decisions is required to submit a Statement of Economic Interest, also known as the Form 700. The Form 700 provides transparency and ensures accountability. It provides necessary information to the public about an employee’s personal financial interests to ensure that officials are making decisions in the best interest of the public and not enhancing their personal finances, and it serves as a reminder to the employee of potential conflicts of interest so the official can abstain from making or participating in governmental decisions that are deemed conflicts of interest. The City shall determine positions which fall under the above requirements and notify employees accordingly for submittal of initial and annual statements.

SECTION 1.12 TRAINING OF EMPLOYEES

1.12.1 Policy
a. Subject to Department Head approval, City employees are eligible to request specialized training such as conferences, seminars, special courses, etc. at the City’s expense when job related, and where such training also provides a benefit to the City. Training programs may include lectures, courses, demonstrations, webinars, professional association sponsored meetings, or such other examples for the purpose of improving the effectiveness and increasing the knowledge of employees in the performance of their respective duties.

Participation and approval for training shall be at the Department Head’s sole discretion and subject to the limitations of the City’s budgeted resources. The City Manager, Department Heads, and Supervisors shall strive to ensure that employee training resources are distributed in an equitable manner, while taking into consideration the business necessity of the City for achieving various training needs. Costs associated with training may include registration, lodging, meals, and transportation, on a case- by-case basis. Means of transportation will be recommended and approved by the City Manager in accordance with the City’s administrative policies on Travel and Reimbursement, as they may be amended from time to time.

1.12.2 Mandatory Training
Employees may be required to attend mandatory trainings periodically as determined by the City Manager.
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22 SECTION 1.13 POLITICAL ACTIVITIES OF PUBLIC EMPLOYEES The political activities of City employees are governed by the provisions of Government Code Section 3201, et. seq. In addition and pursuant to Section 3201, City employees are not permitted to participate in any political activity while in the uniform of his/her employment unless on official City business. Further, City employees are not permitted to conduct or engage in any political activity or purpose during those hours that he/she should be discharging the duties of his/her position.

SECTION 1.14 USE OF CAMERAS, VIDEO SURVEILLANCE, AND GPS SYSTEMS The City utilizes video surveillance and camera systems in the workplace for business purposes including the safety and security of employees. Such cameras and video systems are located in open areas and lobbies. Employees do not have an expectation of privacy related to the City’s use of these cameras and video surveillance.

The City also maintains GPS devices on all City vehicles. Employees do not have an expectation of privacy related to the City’s use of these GPS devices.

SECTION 1.15 USE OF CITY TECHNOLOGICAL RESOURCES
City employees shall adhere to the City’s administrative policy on Use of City Technological Resources, as such administrative policy may be amended from time to time.

SECTION 1.16 MANAGEMENT PREROGATIVES
The City retains, whether exercised or not, solely and exclusively, all express and inherent rights and authorities with respect to determining the level of, and the manner in which, the City’s activities are conducted, managed and administered. These management rights include, but are not limited to the following:
a. The right and authority to schedule work and/or overtime work. b. The right to direct work. An employee’s job description does not restrict the type of work to which the employee can be assigned.
c. The right to discipline or to discharge employees, where applicable, subject to the procedures set forth in these Rules.
d. The right to determine assignments and to establish methods and processes by which assignments are performed.
e. The right to transfer employees within departments and to positions outside a department in a manner most advantageous to the City.
f. To evaluate employees and to schedule when an employee’s performance evaluation will occur.
g. The right to determine the compensation and benefits that will be paid or provided to employees.
h. The right to make employment decisions.
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23 SECTION 1.17 ACCEPTANCE OF GIFTS
Employees shall adhere to the Political Reform Act and Fair Political Practices Commission (FPPC) regulations with respect to the acceptance and reporting of gifts, and with the City’s administrative policy on Ticket and Pass Distribution, as it may be amended from time to time.

Employees shall not accept compensation of any sort from anyone other than the City as consideration for the performance of an act which the employee would be required or expected to render in the regular course or hours of his/her City employment or as part of his/her duties as a City employee.

Employees who are designated under the Political Reform Act and the City’s Conflict of Interest Code to provide an economic interest disclosure shall submit the required FPPC Form 700 upon entering office, annually, and upon exiting office, under the direction and coordination of the City Clerk, or designee.

SECTION 1.18 REMOTE WORK
The City maintains a stand-alone Remote Work Policy, employees should refer to the stand-alone policy for details regarding suitable remote work arrangements. As more detailed in the stand- alone policy, some positions are ineligible for remote work and are exclusively in-person.

SECTION 1.19 EMPLOYEE’S HOME ADDRESS AND STATUS OF DRIVER’S LICENSE –

DUTY TO UPDATE

1.19.1 Home Address and Related Changes
All City employees shall notify Human Resources and Risk Management regarding any change in their home address, telephone number, email address, and emergency contact information.

1.19.2 Driver’s License Changes
a. The possession of a valid California Driver’s License may be a requirement for certain City employment positions. Convictions of certain offenses or administrative action by the Department of Motor Vehicles may restrict or prohibit an employee’s ability to drive City vehicles or operate City equipment. Therefore, all employees who are required to drive a City vehicle or operate City equipment, shall promptly notify their supervisor, and the supervisor shall ensure that Human Resources and Risk Management is immediately updated on any change, temporary or permanent, in Driver’s License status.
b. These changes will be reported in writing directly to Human Resources and Risk Management. The changes will be recorded in the employee’s personnel file. . c. Changes in Driver’s License Status will be evaluated by the employee’s department head on a case-by-case basis to determine whether the employee can fulfill the essential duties of the position, as a result of a change involving temporary suspension or full revocation.
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24 SECTION 1.20 PERSONAL APPEARANCE, GROOMING AND DRESS CODE The appearance employees project to the public and others they come in contact with while at work directly reflects on the City. 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.

Subject to the CROWN Act, employees must always maintain a professional image. a. 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 wear, or beach wear. Clothing and footwear should be clean and in good repair. It may not be faded, torn, frayed, or revealing. (i) Examples of appropriate business casual wear include, but are not limited to, khaki, “Docker type”, gabardine, or wool slacks; polo, collared, or short-sleeved dress shirts; twin sets; sweaters; casual dresses and skirts; and loafer, flat, or dress sandals. (ii) 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, athletic shorts, mini-skirts, clothing that is transparent or see- through; dresses with spaghetti straps, or flip flops. (iii) 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. b. 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 Commission meetings), formal business attire should be worn. c. 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. d. 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. Uniformed employees shall not wear their uniforms while off duty, except during brief stops to and from work and during breaks, such breaks and brief stops do not include time an employee spends running personal errands. Employees may be eligible for a uniform allowance depending on their job classification. e. Tattoos. Employees may not display via tattoo, branding, or other form of body art (“collectively tattoo”) any obscene or offensive images, phrases, or expressions (including profanity and nudity) during their work shift if such material is, or may become visible to others during the employee’s work activities while on duty. Employees who have a tattoo, shall reasonably ensure that is not displayed in violation of this requirement by completely covering the tattoo with a skin-toned patch, long-sleeved uniform shirt, or other material approved by their respective department head. Employees with tattoos that are not prohibited but which the employee chooses not to display, may use similar covering options. Purchase of optional or mandatory covering options may be an appropriate use of uniform allowance for eligible employees.
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25 f. 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. g. Exceptions. The City Manager may grant exceptions to this policy if requested by an employee as a reasonable accommodation on the grounds that the application of this policy would infringe on an employee’s protected characteristics as set forth in Section 1.1 of this Manual, or any other legally protected status.

SECTION 1.21 NEWS MEDIA RELATIONS
From time-to-time, the City, its officials and employees are contacted by representatives of the news media, including press, radio and television. The ultimate authority and the individual responsible for the release of information to the media on behalf of the City is the City Manager.

Any media requests for information on behalf of the City shall be referred to the City Manager or his or her designee. At no time shall a City employee make any comment or release any information to the media on behalf of the City without prior approval from the City Manager or his or her designee.

SECTION 1.22 ATTENDANCE AND PUNCTUALITY
a. Attendance. Employees shall be in attendance on time at their workstation or location. 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.

All supervisors will keep track of employee attendance records, which will be reported to Human Resources and Risk Management.
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 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 repeat 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 this Manual.
d. Unauthorized Absences.

An employee who is absent for a full shift without authorization may be considered on an unauthorized leave of absence. An unauthorized leave of absence may be grounds for disciplinary action or a determination of job abandonment under these Rules.

SECTION 1.23 TOBACCO, E-CIGARETTE, VAPING POLICY
Employees shall not smoke, or use tobacco, e-cigarettes, or vape in any City facility or vehicle, or within twenty feet of any City facility, or while on duty in City uniforms. A violation of this policy shall result in disciplinary action.
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26 SECTION 1.24 PERSONNEL RECORDS

1.24.1 Establishment
An employee’s official personnel file will contain all records concerning personnel actions taken, including, but not limited to, performance evaluations, benefit enrollment forms, educational courses taken, and all employment related documents that give a complete employment history.

The City Manager or designee shall keep personnel records confidential to the extent permitted by law. Personnel files may be viewed by the employee upon request. Employee medical information shall be kept in files separate from the official personnel file. Likewise, any grievances filed by an employee as well as documents reflecting a review of such grievances shall be maintained in separate confidential files.

1.24.2 Maintenance
Employees are required to inform the Human Resources and Risk Management Director, or designee, of any changes in name, address, telephone number, marital status, family status, beneficiary, or other information on file. This ensures that state and federal withholding statements, insurances and retirement records are correct. Employees may be liable for any costs incurred by the City as a result of inaccurate personnel information.

1.24.3 Release of Information Concerning City Personnel To ensure personnel information is appropriately and accurately disseminated, the Human Resources and Risk Management Director, or designee will authenticate personnel reference checks and employment verifications, and confidentially handle financial inquires originating from banks, credit unions, etc. regarding current and past City employees. Responses to third party inquiries, including financial inquiries, will be released only upon written employee authorization.

1.24.4 Procedures for Release of Information
a. All outside inquiries and reference checks shall be in writing and shall be forwarded to the Human Resources and Risk Management Director, or designee for response. The Human Resources and Risk Management Director or designee may consult with the City Attorney as to the release of the requested information. All calls for reference checks should be referred to the Human Resources and Risk Management Director.
b. Financial information will be released only after a written request has been submitted to the Human Resources and Risk Management Director or designee by the entity requesting the information, and the employee has executed a written approval to release the requested information. The Human Resources and Risk Management Director, shall verify the authenticity of the written approval to release the requested information prior to releasing an employee’s financial information.
c. The Human Resources and Risk Management Director or designee shall comply with applicable Federal and State laws regarding release of public employee information and shall consult with the City Attorney whenever there are questions concerning the release of an employee’s information. Nothing in this section shall be construed as prohibiting the City from releasing information required by law, including but not limited to a subpoena or court order. 1201
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27 d. Any employee who receives a request for a personal reference by a former or current employee is required to forward that request to the Human Resources and Risk Management Director. Only the City Manager and the Human Resources and Risk Management Director or their designees are authorized to provide references for former or current employees on behalf of the City. 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.

1.24.5 Employees with Access to Confidential Information In performing their duties, employees may have access to confidential information, including employees’ personnel files and the personal, financial and medical information of other City employees. In addition, some City employees will be involved in some communications with the City Attorney’s Office which can be protected by the Attorney-Client privilege. Employees with such access are required to keep such information confidential.

1.24.6 Personnel/Payroll Files – Right to Inspect
a. California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee's performance or to any grievance concerning the employee. b. Inspections shall be allowed at reasonable times and intervals, but not later than 30 calendar days from the date the City receives a written request. Upon a written request from a current or former employee, or a representative, the City shall provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not less than 30 calendar days from the date the City receives the request.
c. To facilitate the inspection, the City shall (1) maintain a copy of each employee's personnel records for a period of not less than three years after termination of employment, (2) make a current employee's personnel records available for inspection, and if requested by the employee or representative, provide a copy at the place where the employee reports to work, or at another location agreeable to the employer and the requester. If the employee is required to inspect or receive a copy at a location other than the place where he or she reports to work, no loss of compensation to the employee is permitted, (3) make a former employee's personnel records available for inspection, and if requested by the employee or representative, provide a copy at the location where the employer stores the records, unless the parties mutually agree in writing to a different location. The City is not required to make those personnel records or a copy available at a time when the employee is actually required to render service to the employer, if the requester is the employee.
d. The City shall take reasonable steps to verify the identity of a current or former employee or an authorized representative. Prior to making records available for inspection or providing a copy of those records, the City may redact the name, or any other personally identifying information of any other employee contained in the subject employee’s personnel files. e. The right to inspect personnel files and records does not apply to records relating to the investigation of a possible criminal offense, letters of reference, or ratings, reports, or records that (a) were obtained prior to the employee’s employment, 1202
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28 f. were prepared by identifiable examination committee members, or (c) were obtained in connection with a promotional exam.
g. The City shall permit current and former employees to inspect or copy payroll records pertaining to that current or former employee.
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29 CHAPTER 2 – CLASSIFICATION AND COMPENSATION
SECTION 2.1 EMPLOYEE CLASSIFICATIONS/AUTHORIZED POSITIONS Authorized full-time and part-time positions, with classification titles and pay ranges specified, shall be established from time to time upon adoption of a resolution by the City Council. The job descriptions for such positions shall be approved by the City Manager or his or her designee and revised as deemed necessary or desirable. Unless otherwise stated, the following definitions shall apply for purposes of Authorized Positions under this Manual:
a. Regular Full-time Employee: A full-time non-management employee who is appointed to a position for a six-month or longer term, who has successfully completed his or her probationary period in their position in the classified service and is occupying a classified position established on a continuing basis, and is employed to work at least 2080 hours per year on a regular schedule, and is eligible for the City’s retirement program and full benefits. Such positions are designated as “general” on the City’s adopted Salary Schedule. b. Regular Part-time Employee: A part-time non-management employee who is appointed to a position for a six-month or longer term, who has successfully completed his or her probationary period in their position in the classified service and is occupying a classified position established on a continuing basis, and is employed to work a minimum of 30 hours per week, and less than 2080 hours per year, and is eligible for the City’s retirement program and half the benefits of a regular full-time employee. Such positions are designated as “general” on the City’s adopted Salary Schedule.
c. Temporary Part-time Employee: A part-time non-management employee who is employed to work 29 hours per week or less. Such positions are designated as “part-time” on the City’s adopted Salary Schedule. Employees hired in this category are excluded from receiving benefits, except as otherwise expressly provided under this Manual or as required by law, and serve at the will of the City Manager. Those temporary part-time employees who are assigned such hours that result in an accumulation of 1,000 hours within the fiscal year, shall become eligible for participation in the City’s retirement program. . Paid Interns shall be included in this category, as well as temporary or seasonal employees.
d. Probationary Employee: Every new employee in a regular full-time or part-time position shall serve a probationary period of twelve (12) months, exclusive of time off for leaves of absence as hereinafter permitted. The probationary employee will be evaluated periodically during the probationary period and is subject to dismissal, with or without cause, at the discretion of the City Manager. The termination can be exercised at any time during the probationary period.

Effective on the first day following completion of the probationary period, if the employee’s performance has been satisfactory and the City Manager approves his/her retention, the employee shall be considered thereafter a full-time or part-time regular employee of the city.

Probationary employees are also deemed “Disaster Service Workers” per Section 2.1.i. below. e. Exempt Employee: An employee who is exempt from the overtime provisions under applicable law.
f. Non-Exempt Employee: An employee who is covered by the overtime provisions under applicable law.
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30 g. “At-Will” Employee: A full-time management employee who is not included in the classified service. Such positions are designated as “management” on the City’s adopted Salary Schedule. Employees who are hired pursuant to Federal/State/County/Regional agency funding assisted programs are at-will employees and subject to termination when program funding terminates. An “at-will” employee may be dismissed by the City Manager at any time with or without reason and without prior notice or right of appeal. While many sections of this Manual apply to “at-will” employees, others shall not, and inclusion of those sections does not change the status of “at-will” employees. Nothing in this Manual or in any document or statement shall limit the right to terminate an “at-will” employee without prior notice, without any reason, and without a right to appeal the termination decision.
h. Volunteer/Unpaid Interns: An individual who accepts an unpaid position with the City to perform specific tasks. A volunteer or unpaid intern is not an employee, and can be released at any time and for any reason without the right of appeal. i. Disaster Service Workers: The protection of the health and safety, and preservation of lives and property of the citizens of the City of Eastvale from the effects of natural, manmade, or war-caused emergencies which result in conditions of disaster or in extreme peril to life, property and resources is of paramount City importance requiring the responsible efforts of public and private agencies and individual citizens. In furtherance of the exercise of the power of the City in protection of its citizens and resources, ALL City employees are hereby declared to be Disaster Service Workers subject to such disaster service activities as may be assigned to them by their superiors or by law.

SECTION 2.2 WORKWEEK AND SCHEDULES

2.2.1 General Policy
a. The City’s standard workweek for all employees begins at 12:00 a.m. each Monday and ends at the following Sunday at 11:59 p.m. The City may establish additional standard workweek schedules to accommodate other unique circumstances. b. City Hall’s normal operating hours are 7:30 a.m. to 5:30 p.m., Monday through Thursday. City Hall is closed every Friday.
c. Depending on City requirements, some employees may be required to work different schedules, which may include working outside of City Hall’s normal operating hours.

Each employee’s scheduled hours of work will be determined based on staffing requirements to meet the needs of the City and our business objectives. Therefore, the City reserves the right to schedule employees to work an earlier or later schedule. d. Variations in work schedules may be approved by the City Manager, however, must be requested and approved in writing prior to the employee making any changes to their schedule. Such requests will be evaluated as to their impact on the needs of the City, and to ensure appropriate and adequate staff coverage, in considering the request for a modified schedule.
e. The City reserves the right to change an employee’s work schedule to meet the needs of the City.
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31 2.2.2 Full-time Exempt (Salaried) Employees Work Schedule Exempt (salaried) employees are generally expected to maintain the same work schedule and office hours as non-exempt employees unless pre-authorized by the employees’ pertinent Department Head. The City will consider the need for exempt employees to have some flexibility in the work schedule, to the extent that exempt employees demonstrate that they are meeting the requirements of their position (including any supervisory obligations), and that a minimum of forty (40) hours per week is achieved, which shall include use of approved leaves from time banks (e.g. sick leave, vacation leave, etc.). Variances in the employee’s regular schedule must be discussed and approved in advance by the pertinent Department Head. In all cases, the business needs of the City and its residents must be a top priority. Any perceived abuse of the City’s flexibility, and/or failure of the exempt employee to fully perform their job duties or to fulfill the required forty (40) hours will result in the loss of privilege for flexibility. Exempt employees shall not receive less than forty (40) hours per week compensation as salaried employees, except as permitted by law. Such instances should be discussed with the Human Resources and Risk Management Director for appropriate review and handling.

Exempt employees shall work extra hours as needed to perform their duties, to attend special events, and/or to attend meetings after hours as required by the pertinent Department Head.

Exempt employees receive management leave in recognition of the extra hours they are expected to work.

2.2.3 Regular Full-time Non-Exempt (Hourly) Employees Work Schedule All full-time non-exempt (hourly) employees shall work one of the following assigned shifts: 1) 7:30 a.m. – 6:00 p.m. with an unpaid thirty-minute (30) meal period; 2) 7:00 a.m. – 5:30 p.m. with an unpaid thirty (30) minute meal period; or 3) 7:00 a.m. – 6:00 p.m. with an unpaid one (1) hour meal period. Other variations may be authorized by the pertinent Department Head on a case- by-case basis, subject to City Manager approval.

2.2.4 Part-time Non-Exempt (Hourly) Employees Work Schedule All part-time non-exempt (hourly) employees shall work designated hours as established by their supervisors and department heads, and shall be eligible for rest and meal breaks consistent with the rules for full-time non-exempt employees.

2.2.5 Make-up Time for Non-Exempt (Hourly) Employees
a. Make-up time is available for all regular full-time, regular part-time, and temporary part-time employees who are paid on an hourly basis (non-exempt, as defined under section 2.1(f) above).
b. The City does not require employees to work make up time. Make-up time allows a non-exempt employee to voluntarily request time off for a personal obligation and to make up the time on another day in the same workweek.
c. Notwithstanding the foregoing, non-exempt employees will be paid overtime when more than forty (40) hours are worked in a workweek. Sick leave, vacation leave, holidays, management leave, or other leaves are not hours worked and shall not be counted towards the calculation of overtime.
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32 d. Requests must be submitted in writing to the employee’s immediate supervisor.

The employee’s immediate supervisor will review the employee’s request and discuss with the Department Head. The request must be approved in advance by the employee’s supervisor and Department Head prior to performing any make- up time. Please note that the City cannot guarantee make-up time will be approved or provided.
e. Advance notice is required in order that the City may plan for work coverage.

Employees are required to provide the City with seventy-two (72) hours’ notice, except in the case of emergencies. Same-day requests are discouraged, and will be considered on a case-by-case basis and in emergency situations.
f. Any perceived abuse of the City’s flexibility (e.g. failure to provide advance notice on a recurring basis) will result in denial of make-up time request.

2.2.6 Special Events, City Council Meetings, and Commission Meetings All employees may be required to work special events i.e. EEK!Vale, Miracle Holiday Event, National Night Out, and other similar events, and may be required to attend City Council, Commission and/or other meetings. Compensation for such hours worked shall be provided consistent with this Manual as required by law.

SECTION 2.3 PAYROLL PROCESSING

2.3.1 General Information
The City processes payroll on a bi-weekly basis with twenty-six (26) pay periods in each calendar year. Payday will be the Thursday following the close of the pay period and is paid on Thursday by direct deposit.

2.3.2 New Hires and Employee Changes
Human Resources and Risk Management provides all applicable new hire personnel forms to each new employee, and prepares the Personnel Action Form (PAF) for all newly hired employees. Personnel Action Forms are also required for any employee changes including, but not limited to, position change, salary increase, benefit change, etc. The Personnel Action Form identifies programs and account numbers the employee’s time will be charged to and must be approved by the City Manager, Finance Director, and Department Head. Human Resources and Risk Management enters new employee data into the payroll system. The Human Resources and Risk Management Director, reviews the entries for completeness and accuracy.

2.3.3 Time Sheets
a. All Non-Exempt Employees:
(i) All-time records, including time sheets, represent legal documents that are used to accurately record working time and to compensate employees properly. All non-exempt employees shall record accurately all exact time worked. (ii) To ensure the accuracy of all-time records, non-exempt employees will input their own time into the electronic timesheet system and acknowledge that they recorded all 1207
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33 hours worked accurately, received all rest and meal periods as required under this Manual, and reported any injuries or on the job illnesses to their supervisor. (iii) Non-exempt employees must ensure that the time sheets are submitted on the day and prior to the cut-off time designated by the City. (iv) 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 and Risk Management in the case of an emergency or absence. Where so authorized, employees may instead provide their time sheet information via written/email communication. b. Exempt Employees: All exempt (salaried) employees must complete time sheets in order to record regular time worked and exception hours (e.g. sick leave, vacation, etc.). c. Supervisors:
(i) Supervisors shall review and address potential issues in time entries.

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.
(A) 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;
• 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.

2.3.4 Deductions
Any benefit or insurance deductions associated with payroll will be withheld from the first and second paycheck of each month. Cafeteria cash outs will be paid in two equal payments on the first and second paycheck of each month. With bi-weekly pay periods, there are two (2) months during the year that a third paycheck will be received. There will not be any benefit/insurance deductions taken on the third paycheck of a month.

2.3.5 Issuance of Paychecks
After all entries have been verified and applicable corrections made, payroll checks are processed.

The paychecks are scanned and kept in a secure location until payday. The Human Resources and Risk Management distributes pay stubs to all employees on pay day. 1208
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34 2.3.6 Final Payment upon Separation of Employment
Human Resources and Risk Management prepares and processes the final paycheck including payoff for unused accrued vacation and any other vested leave with a provision for cash payout at termination under this Manual. After receipt of the approved Personnel Action Form and approved time sheet, the City Manager reviews the calculations and proof list before providing approval for issuing an employee’s final paycheck.

SECTION 2.4 REST AND MEAL PERIODS – NON-EXEMPT (HOURLY) EMPLOYEES a. Employees whose total daily work time is at least 3.5 hours must take a mandatory paid rest period of fifteen (15) minutes. A fifteen (15) minute rest period is mandatory for every four (4) hours worked, or “major fraction thereof.” As much as practicable, the rest break should be taken in the middle of the work period.
b. Employees who work more than five (5) hours must take an unpaid, off-duty meal period of at least thirty (30) minutes.
c. Employees who work more than ten (10) hours are entitled to a second unpaid meal break.

In the event that an employee cannot be completely relieved of all duties during a meal break, the employee will be paid during the meal break, and such time shall constitute hours worked. d. Employees should refrain from taking rest and meal breaks at their desks to ensure that a bona fide, uninterrupted rest and meal break has been taken. e. Rest breaks are treated as hours worked, and are paid as time worked. f. Rest and meal breaks may not be saved or used at another time or to make up a late arrival, or to shorten the workday. Rest breaks shall not be combined with meal periods to provide an extended meal period.
g. Rest and meal breaks may not be taken within one (1) hour of starting time, or quitting time unless special circumstances make this desirable, and in which case prior approval shall be obtained from the employee’s immediate supervisor. h. Non-exempt employees must accurately record each meal period on the timecard.

Each meal break must be at least 30 minutes long.
i. Supervisors are responsible for ensuring that employees are provided the opportunity for rest and meal breaks in accordance with these rules. Supervisors are also responsible for scheduling meal and rest breaks to provide for appropriate coverage of work.

SECTION 2.5 OVERTIME COMPENSATION/COMPENSATORY TIME OFF Non-exempt (hourly) employees who work more than forty (40) hours in a workweek shall be compensated at the rate of one and one-half (1.5) times the employee’s regular rate of pay, either as paid time at one and one-half (1.5) times the regular rate of pay or as compensatory time off accrued at the rate of one and one-half (1.5) times the regular rate of pay for all hours worked in excess of forty (40) in any workweek. For the purposes of this policy, holidays, sick leave usage, 1209
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35 vacation leave usage, and other pre- scheduled time off shall not be considered work time, towards the calculation of overtime.

The following provisions apply to Compensatory Time Off (CTO):
a. Non-exempt employees may choose to be compensated for overtime work through compensatory time off (CTO) at the rate of one and one-half hours CTO per overtime hour worked, instead of receiving cash payment. The decision to receive overtime pay or CTO credit must be made at the end of the workweek in which the overtime is worked, at the employee’s option, provided that the employee has not accrued the maximum CTO allowed under this policy and subject to approval by the Department Head and/or City Manager or designee. b. Employees may accrue CTO up to a maximum of 120 (equivalent to 80 hours of worked overtime). If an employee reaches this maximum limit they will be paid for all overtime worked until the CTO balance has been reduced below 120 hours. c. Employees who request to use accrued CTO will be permitted to use the CTO within a reasonable period after making the request so long as the use of CTO does not unduly disrupt the operations of the City as determined by the Department Head. Employees may not be forced to use compensatory time already held, but may be encouraged to reduce the amount of accrued hours.
d. Except as otherwise provided in subparagraph (e), Employees may not convert unused CTO to cash-out pay except at termination of employment or upon change in eligibility for CTO accrual. Unused CTO shall be paid out at the rate of pay required by the Fair Labor Standards Act (“FLSA”). The rate of pay required by the FLSA is the higher of (i) the average regular rate received by the employee during the last 3 years of employment, or (ii) the final regular rate received by the employee.
e. The City will convert unused CTO to cash-out for all employees with unused CTO in their CTO balance, on the first pay period of each November. Unused CTO shall be paid out at the rate of pay required by the Fair Labor Standards Act (“FLSA”). The rate of pay required by the FLSA is the higher of (i) the average regular rate received by the employee during the last 3 years of employment, or (ii) the final regular rate received by the employee SECTION 2.6 BI-LINGUAL PAY
Regular full-time and regular part time employees who are certified as bi-lingual by the City in accordance with these provisions and who are routinely and consistently assigned to provide bi- lingual services in positions requiring communication skills in languages other than English are eligible for bilingual pay. Bi-lingual pay may be suspended for employees who are on a leave of absence from the City. The City may pro-rate the employee’s bi-lingual pay based on the length of the leave of absence.

Eligible regular full-time employees may receive an additional $150.00 per month for bi-lingual services, and eligible regular part-time employees may receive an additional $75.00 per month.

The City Manager will be the final authority to determine which positions are eligible to receive bi- lingual pay, to assign and approve bi-lingual pay, and to remove bi-lingual pay from employees based on business necessity. Each Department Head will be able to provide recommendations to the City Manager regarding the languages needed and the total number of staff to provide services to the public. Employees being considered for bi-lingual services shall be required to 1210
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36 pass a bi-lingual proficiency test for both speaking and writing skills. Human Resources and Risk Management will arrange for the testing, as required. Employees who pass the tests, and are considered certified, shall receive their bi-lingual pay effective the pay period following certification.

To the extent permitted by law, the value of the compensation for bi-lingual pay is considered special compensation and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(4) (for Classic Members) or Title 2 CCR Section 571.1(b)(3) (for New Members) – Special Assignment Pay. Bi-lingual pay shall be reported to CalPERS periodically when earned, on a per pay period basis. However, the City makes no representations or guarantees whatsoever with respect to whether CalPERS shall include said bi-lingual pay as compensation for purposes of benefit determination and CalPERS shall make the sole determination as to inclusion.

SECTION 2.7 TEMPORARY ASSIGNMENTS
Employees may be temporarily assigned higher or lower duties without a change in pay and such action shall not be deemed as a transfer, demotion, promotion, or reclassification. In all cases where periodic or regular variations in assignments occur because of seasonal or operational needs, the nature of the duties, the work schedule or a position from which the incumbent is on extended leave of absence, such variations shall be considered as incidental to the position.

2.7.1 Acting Assignment to Higher Position
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 this Manual. 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.
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37 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 rate in the employee’s permanent position upon the expiration of the need for the performance of the duties of the higher classification.

SECTION 2.8 CALL BACK PAY
Call back duty occurs when a non-exempt employee is ordered to return to duty on a non- regularly scheduled work shift. Call back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be credited with a minimum of two (2) hours work commencing at the time of the call or contact. Any call back lasting two (2) hours or less shall result in a credit for two (2) hours worked. A subsequent call received during a call back shall not result in an additional two (2) hours minimum call back pay, but shall be paid as actual time worked.

SECTION 2.9 ON CALL (STANDBY) PAY
Non-exempt (hourly) employees may be assigned to twenty-four (24) hours on call duty on a week- end, holiday or non-scheduled work day, or on call duty between regularly scheduled work shifts, requiring the employee to respond to emergency calls. Response to emergency calls shall occur within sixty (60) minutes from the time the employee receives the communication.

Response calls may require the employee to report back to work.

An employee serving on-call under this section shall receive two hours of the employee’s regular rate of pay per on-call assignment, regardless of the on-call assignment duration. . Said compensation is exclusive of any other compensation that may be provided for time worked. Non- working on-call hours shall not count as hours worked, however, compensation for such hours shall count towards calculating the employee’s regular rate of pay.

SECTION 2.10 AUTOMOBILE ALLOWANCE
The City Manager may approve an automobile allowance, not to exceed $400 per month, for select at-will employees as determined appropriate by the City Manager. There is no right to an automobile allowance and the City Manager may reduce or eliminate a previously approved automobile allowance at any time. At-will employees who receive an automobile allowance shall do so in lieu of receiving a mileage reimbursement from the City for use of their personal vehicle for City-related travel.

SECTION 2.11 PHONE ALLOWANCE
The City Manager shall designate those positions requiring either the issuance of a cell phone for the conduct of City business, or the provision of a cell phone allowance in the amount of $40 per month, when designated employees use their own phone.
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38 SECTION 2.12 SALARY AND WAGE SCHEDULES
The salary and wage schedule for authorized full-time and part-time positions shall be established from time to time upon adoption of a resolution by the City Council.

The City complies with all applicable state and federal laws regarding equal pay. Compensation to employees shall be based upon job classification and defined factors including education, training, experience, consequence of action, essential functions/duties and responsibilities, judgment/decision-making, and supervision received and exercised. In all cases, wages shall not be based on factors prohibited by law.

SECTION 2.13 ADVANCEMENT WITHIN THE SCHEDULE

2.13.1 Merit Increases
The City Manager may authorize merit-based salary increases within the authorized salary range based on an employee's ability, proficiency, and performance. The annual merit increase will be determined at the City Manager’s sole discretion, however, generally, such merit increase will be up to 5%. In cases of extraordinary performance, the City Manager may approve a maximum merit increase of up to 10%. Employees who receive a performance rating of "needs improvement" or lower will not be eligible for a merit increase for the rating period. If, in the Department Head’s sole discretion, the employee demonstrates sustained improvement, the Department Head may prepare an interim performance evaluation and recommend a salary increase to the City Manager.

2.13.2 Special Merit Increases
The City Manager, upon recommendation from a Department Head, may approve a Special Merit Increase for an eligible employee. Department Heads shall discuss such instances with the City Manager and prepare a memorandum to document superior, outstanding and meritorious performance warranting such special monetary recognition. Such increases shall not exceed 5% and are subject to the approval of the City Manager. Special Merit Increases shall typically occur outside the employee’s normal rating period. An employee receiving a Special Merit Increase shall remain eligible for their normal merit increase at the prescribed evaluation period. Special Merit Increases shall be rare exceptions, not the rule, and may not exceed the maximum of the established salary range.

SECTION 2.14 CHANGES IN EMPLOYMENT STATUS

2.14.1 Transfer
The City Manager, may, at any time, transfer an employee from one position to another position in the same or comparable class. A comparable class is one with essentially the same maximum salary limits, involves the performance of similar duties, and requires substantially the same basic qualifications. Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in this Manual. No person shall be transferred to a position for which he/she does not possess the minimum qualifications. 1213
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39 2.14.2 Promotion
A promotion is the appointment of an employee from one classification to a classification having a higher base salary range. A promoted employee shall receive the entrance rate of the new range or a five percent (5%) increase in salary, whichever is greater, provided that no employee is thereby advanced above the final step of the higher base salary range. The promotion effective date shall be the first day of the pay period following the approval of the appointment.

2.14.3 Reclassification
An employee whose position has been reclassified from one class to another class, which has a higher base salary range, shall be placed at the entrance point of the new range or at a step within the range that is not less than 5% and not more than 10% increase in salary. Ensuing merit increases will be due one (1) year from the date of the adopted reclassification. Reclassified employees are not required to serve a probationary period.

2.14.4 Demotion
A demotion is the appointment of an employee from one classification to a classification having a lower maximum rate of pay.
a. An employee demoted for disciplinary reasons shall be placed on the same step within the base salary range of the class to which demoted. b. A promotional probationary employee who is returned to former classification during the probationary period shall be placed on the same step within the base salary range or the former classification that the employee was on at time of promotion. No credit shall be granted for time spent at the promoted level for next step advance due date. c. An employee demoted for non-disciplinary reasons shall be retained at the same salary rate, provided that the salary rate does not exceed the maximum of the salary range of the demoted class. With the approval of the City Manager, the employee may be “Y-rated” (rate of pay is frozen at the rate of pay immediately prior to the demotion). The rate of pay of an employee that is Y-rated will not change until the employee’s classification salary scale and step equals or exceeds their Y-rated level.
d. An employee who voluntarily demotes from one classification to a classification with a lower maximum salary range shall be placed within the new salary range.

2.14.5 Suspension
The City Manager may suspend, and approve the recommendation of a Department Head, to suspend an employee at any time for just cause, in accordance with Chapter 5 of this Manual.

2.14.6 Reinstatement
With the approval of the City Manager, a regular employee who has resigned with a good record may be reinstated within one (1) year to his/her former position, if vacant, or to a vacant position in the same, comparable, or lesser class provided he/she possesses the minimum qualifications for the position.
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40 Reinstated employees do not retain any benefits or rights previously earned by virtue of his/her former employment unless approved by the City Manager. The employee will be appointed as a new employee and serve a new probationary period, 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.

SECTION 2.15 TRAVEL EXPENSES
The City’s administrative policies on Travel and Reimbursement, as they may be amended from time to time, shall serve to provide policy related to this topic.

SECTION 2.16 EDUCATIONAL EXPENSE REIMBURSEMENT
The City will provide all employees with educational expense reimbursement for courses which relate to their job duties or the completion of a degree in a field related to City operations, subject to City Manager approval, at the City Manager’s sole discretion. An employee may be reimbursed for up to $2,500 per fiscal year, not to exceed a cumulative total of $10,000 for full-time employees and $5,000 for part-time employees. Note: Reimbursement under this section do not encompass expenses related to any certificates or licenses that are required as provided in an employee’s job description. Such expenses are directly reimbursed to the employee and are not subject to the requirements for reimbursement under this section.

To be eligible for reimbursement under this section, an employee must satisfactorily complete 12 months of employment prior to qualifying for course approval and subsequent reimbursement. If eligible, an employee must do the following to obtain reimbursement: 1) receive course approval prior to registration from Human Resources and Risk Management, Department Head, and City Manager; 2) provide Human Resources with evidence of satisfactory ("C" grade or better) completion of the approved course. Human Resources and Risk Management shall, at its own sole discretion, make a determination as to whether the evidence provided by the employee of satisfactory course completion is sufficient; 3) submit receipts for tuition, enrollment fees, and/or books within 60 days of course completion; and 4) sign a form agreeing to repay the City the reimbursed amount if the employee voluntarily separates from the City or is terminated for cause within 24 months of the date of the reimbursement.

If there is insufficient funding to pay for all pending or anticipated future reimbursement requests, the City Manager may devise a fair and equitable manner for allocating the funds available amongst the eligible employees.
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41 CHAPTER 3 EMPLOYEE BENEFITS
SECTION 3.1 HOLIDAYS
All regular full-time employees, regular part-time employees, at-will full time employees, and full- time and part-time employees who are in their probationary period, shall have the following holidays as time off with pay:

1. January 1st, known as “New Year’s Day”

2. The third Monday in January, known as “Martin Luther King Jr. Day”

3. The third Monday in February, known as “Presidents’ Day”

4. The fourth Monday in May, known as “Memorial Day”

5. July 4th, known as “Independence Day”

6. The first Monday in September, known as “Labor Day”

7. November 11th, known as “Veteran’s Day”

8. The fourth Thursday in November, known as “Thanksgiving Day”

9. The day after Thanksgiving Day

10. December 24th, known as “Christmas Eve Day”

11. December 25th, known as “Christmas Day”

12. One (1) floating holiday.

The City Council may approve additional paid holiday(s) for employees in any given fiscal year from time to time by resolution.

In the event a holiday falls upon a Friday or Saturday, the prior workday will be taken in lieu of the holiday; in the event a holiday falls upon a Sunday, the following workday will be taken in lieu of the holiday. Holidays occurring during an employee’s vacation shall be treated as a paid holiday.

Employees who are absent from work on a holiday due to unpaid leave of any form, shall not receive reimbursement or payment for the missed holiday.

All regular part-time employees and regular part-time employees who are in their probation period shall receive the defined holidays as time off with pay at one-half (1/2) (e.g. 5 hours paid holiday).

Floating holidays will be provided at the beginning of the calendar year. Floating holidays not used during the calendar year in which they are provided will be converted to vacation time and treated in the same manner as provided in Section 4.2 of this Manual, including counting toward an employee’s maximum vacation accrual and the vacation buy-back provisions.

SECTION 3.2 WINTER HOLIDAY CLOSURE
City Hall closes to the public during the winter holiday period beginning December 17 through January 1 of each year (actual dates may vary depending on the day of the week the holiday falls).

Certain City operations may continue during this Winter Holiday Closure while others will not, as determined appropriate by the City Manager.

In conjunction with the City paid holidays, including December 24th, December 25th, December 31st, and January 1st, employees not required to work during all or a portion of the Winter Holiday Closure will be required to use their accrued leave time (vacation, compensatory, management leave, or floating holiday time) to equal the remainder of their regular work schedule hours/days during the Winter Holiday Closure.
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42 The City Manager may approve an employee’s ability to work during the Winter Holiday Closure based on the City’s needs and at the City Manager’s sole discretion. .

If an employee is ordered to return to duty during the Winter Holiday Closure, the time called back during regular work hours will be deducted from the leave hours being used.

SECTION 3.3 INSURANCE BENEFITS
All employees in regular full-time or regular part-time positions, shall be eligible for the City’s insurance benefits which may include medical, dental, vision, life, short-term and long-term disability insurance policies including Accidental Death and Dismemberment (AD&D), or, alternatively in a recognized cafeteria plan approved by the City Council. These benefits may be increased or decreased from time to time. The City reserves the right to change carriers and/or eliminate any type of coverage at its absolute discretion. No employee has any vested right to any type of insurance coverage or benefits.

3.3.1 Cafeteria Plan
New employees who are hired between the first and the 14th day of the month are eligible for the full amount of the City’s cafeteria plan contribution for the first month of employment. Employees hired on or after the 15th of the month are eligible to receive one-half (1/2) of the City’s cafeteria plan contribution for the first month of employment.

The current City contribution towards the cafeteria plan for full-time employees is $2,500.07 per month. This amount reflects the current Kaiser Permanente Region III monthly premium for subscriber and 2+ dependents plus $250. Regular part-time employees receive $1250.03 per month. Should the premium for the Kaiser Permanente Region III monthly premium for subscriber and 2+ dependents increase, the City will provide an automatic annual increase on January 1 of each year to the cafeteria plan allowance commensurate with such premium increase to such plan up to a maximum of 5% per annum. Regular part-time employees will receive a pro-rata 50% of such increase amount on an annual basis.

City Council may amend the amount provided as contribution under this section from time to time by resolution.
a. Cafeteria Cashout for Employees Hired Before December 1, 2017 Full-time employees hired before December 1, 2017, are eligible to receive up to $1,600 per month of their unused cafeteria allowance as cash out benefit on monthly basis. Part-time employees hired before December 1, 2017, are eligible to receive up to $800 per month of their unused cafeteria allowance as cash out benefit on monthly basis. Cashout amount is divided equally between the first and second paycheck of each month. b. Cafeteria Cashout for Employees Hired After December 1, 2017 but Before July 1, 2024
Full-time employees hired after December 1, 2017, but before July 1, 2024, are eligible to receive up to $800 per month of their unused cafeteria allowance as cash out benefit on monthly basis.

Part-time employees hired after December 1, 2017, but before July 1, 2024, are eligible to receive up to $400 per month of their unused cafeteria allowance as cash out benefit on monthly basis.

Cashout amount is divided equally between the first and second paycheck of each month. 1217
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43 c. Cafeteria Cashout for Employees Hired After July 1, 2024 Employees hired on or after July 1, 2024, have two options regarding use of their cafeteria allowance: (i) elect coverage in a City plan eligible for credit from the cafeteria allowance. No cashout of unused cafeteria allowance will be provided; or (ii) waive coverage from all City plans eligible for credit from the cafeteria allowance and receive cashout of their unused cafeteria allowance according to the following: full-time employees will receive $800 per month and part- time employees will receive $400 per month as cash out benefit on monthly basis. Cashout amount is divided equally between the first and second paycheck of each month.

3.3.2 Life Insurance
Life insurance coverage shall be provided by the City for eligible employees and elected officials as follows:

Level 1 – City Manager and Management – 2x annual salary to a maximum of $400,000.

Level 2 – All Other Eligible Employees – 2x annual salary with a minimum of $100,000.

Employees who are eligible for management leave under Section 4.15 shall be considered management employees for the purposes of life insurance benefits.

Life insurance premiums for eligible employees are paid for by the City. Short Term Disability Insurance and Long-Term Disability Insurance
The City does not participate in the State of California’s Disability Insurance (SDI) program which includes the paid family leave program. Employees remain eligible for “unpaid” family and medical leave as provided by State and Federal leave laws. Employees should refer to the City’s Family Care and Medical Leave, Pregnancy Disability Leave, and Military Family Leave Policy for additional details, including eligibility and use of accrued leave to receive pay during leave.

The City’s Short-Term Disability plan provides a maximum benefit period of 83 days, and the Long-Term Disability program goes into effect after 90 days. The City uses a third-party company as the plan administrator. Additional plan information, including elimination periods, and the monthly benefit amounts may be obtained from Human Resources and Risk Management. Short- Term and Long-Term disability insurance premiums for eligible employees are paid for by the City.

3.3.3 Compensation During Parental Leave
The City has contracted with Parento to provide wage replacement, up to $3,500.00 per week as provided in the agreement between Parento and the City, during an employee’s eligible leave of absence due to the birth of their child, child adoption, child foster care placement, or placement via a government child protection service. This section does not create an independent leave right, rather, this section merely provides a wage replacement plan for employees who are taking parental leave, as provided under a separate City leave entitlement. Wage replacement under this section is available for up to twelve weeks per qualifying event. 1218
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44 SECTION 3.4 RETIREMENT BENEFITS

3.4.1 CalPERS Enrollment
Eligible employees shall be members of the California Public Employees' Retirement System (CalPERS). The City is a member of CalPERS. Eligible employees are required to participate in accordance with the rules of CalPERS. Employees pay the full amount of the employee’s contribution to CalPERS. Retirement health insurance benefits are provided to retirees in compliance with the Public Employees’ Medical and Hospital Care Act (PEMHCA) and City Council Resolution No. 2011-03. The City shall pay no more than the monthly minimum employer contribution prescribed by Government Code section 22892 and Resolution No. 2011-03 toward retiree health benefits.

3.4.2 Accumulation Program for Part-Time and Limited-Service Employees Except as otherwise provided by law, employees not eligible for membership in CalPERS, shall be enrolled in the Accumulation Program for Part-Time and Limited-Service Employees (APPLE) in lieu of enrollment in the federal Social Security Retirement System. APPLE-enrolled employees will pay 3.75% of salary into the program and the City will match that amount. Accumulated funds in APPLE will earn interest on contributions. More information about APPLE can be received from Human Resources and Risk Management.

3.4.3 Deferred Compensation Plan
Regular full-time and regular part-time employees are eligible to contribute to the City’s 457(b) deferred compensation plan by electing a deduction amount or percentage, subject to maximum limits as designated by the Internal Revenue Service, from each paycheck. Employees may contribute to a pre tax or Roth type account, subject to plan rules and Internal Revenue Service Rules. Employees are immediately vested in their contributions to the 457(b) plan. a. Matching Contribution for Full-time Employees: The City will provide a 200% matching contribution of the employee’s contribution into a 401(a) plan up to a maximum of $3,000.00 per calendar year. Employees are immediately vested in the City’s matching contributions to the 401(a) plan.
b. Matching Contribution for Part-time Employees: The City will provide a 200% matching contribution of the employee’s contribution into a 401(a) plan up to a maximum of $1,500.00 per calendar year. Employees are immediately vested in the City’s matching contributions to the 401(a) plan.
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45 3.4.4 Retiree Health Reimbursement-defined Contribution Plan To award regular employees for their continued City service, the City has established a Health Reimbursement-defined Contribution Plan. The purpose of the plan is to provide eligible employees, as defined in subparagraph (a), and qualifying family members, as defined in subparagraph (b), with a health reimbursement fund that they may use for eligible health care related expenses, as defined under section 213(d) of the Internal Revenue Code, during retirement. The City will contribute to each eligible employee’s account based on the contribution table provided in subparagraph (c). Upon eligibility, employees are immediately fully vested in such contributions and are eligible to access funds upon service retirement or following separation from the City for another reason, subject to plan rules and regulations. During City employment, the City will pay account plan administration fees. Employees will be responsible for their own administration fees upon separation from City employment. a. Eligibility Requirement
Regular full-time and regular part-time employees are eligible to receive benefits under this section upon completion of five (5) consecutive years of City service. Time served as a temporary employee, intern, whether paid or unpaid, limited term appointment employee, or volunteer does not count towards the five (5) year service requirement. Time served in probation status for a regular full-time or regular part-time position does count towards the five (5) years service requirement.

If an employee separates from City employment and is subsequently rehired, prior duration of City employment will not count towards the calculation of the total number of years of service for the purpose of eligibility or the purpose of determining the amount of monthly contribution to the employee’s account. For example, if an employee separates from City service after 4 years of continuous service, but is rehired following three months of separation, the employee must serve an additional 5 consecutive years from the rehire date to become eligible under this section 3.4.4 and upon eligibility, the employee will receive contribution at level “A” as provided in subparagraph (c) below.
b. Qualifying Family Members
For the purpose of this section 3.4.4, “qualifying family members” means any individual the employee claims as a dependent on their filed tax return for the relevant calendar year. c. Contribution Schedule
The City will make contributions under this section 3.4.4 according to the following schedule:

Contribution
Level
Months of Continuous
Service
Monthly Contribution
for Full-time
Employees
Monthly Contribution for
Part-time Employees
A 60 months - 119 months $100.00 $50.00
B 120 months - 179 months $125.00 $62.50
C 180 months - 239 months $150.00 $75.00
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46 D 240 months – 299 months $175.00 $87.50
E 300 months - until
separation
$200.00 $100.00
SECTION 3.5 TEMPORARY PART-TIME EMPLOYEES
Employees of the City designated as temporary part-time (less than 20 hours per week and no more than 1000 hours in a fiscal year) are non-benefitted and shall be compensated on an hourly basis as specified by the position classification in which they are assigned. Temporary Part-time employees are not eligible for participation in any benefit program established by the City, except as required by State or Federal law or as otherwise expressly provide for in this Manual. 1221
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47 CHAPTER 4 - LEAVE OF ABSENCE
SECTION 4.1 GENERAL INFORMATION
Generally, but not always, leaves of absences are unpaid. Employees have certain rights to substitute accrued paid leave for unpaid leave.

The City will continue to pay the City-sponsored premium portion of the employee health/medical benefits as required by law.

For more detailed information regarding the types of leave, eligibility for leave, payment for leave, and the length of leave normally authorized, see the individual descriptions of each type of leave that follows.

SECTION 4.2 VACATION
All full-time employees accrue vacation time as defined below. All regular part-time employees will accrue vacation hours at one- half (1/2) the rates below. Temporary part—time employees do not accrue vacation.

4.2.1 Amount of Vacation
a. Fifty-nine (59) or fewer months of continuous service: Each employee working in continuous service of fifty-nine (59) or fewer months shall earn 80 hours of paid vacation per year.

Vacation shall be earned on a prorated basis for time worked, and employees earn vacation leave accruals on per pay-period basis.
b. Sixty (60) to one hundred twenty (120) months of continuous service: Each employee working in continuous service for sixty (60) to one hundred nineteen (119) months shall earn 120 hours of paid vacation per year. Vacation shall be earned on a prorated basis for time worked, and employees earn vacation leave accruals on per pay-period basis. Additionally, an employee shall receive a one-time credit of forty (40) hours of vacation to their vacation leave accrual balance on the pay-period immediately following the start of their sixtieth month of continuous service.
c. One hundred twenty (120) or more months of continuous service: Each employee working in continuous service for one hundred twenty (120) months or more shall earn 160 hours of paid vacation per year. Vacation shall be earned on a prorated basis for time worked, and employees earn vacation leave accruals on per pay-period basis. Additionally, an employee shall receive a one-time credit of forty (40) hours of vacation to their vacation leave accrual balance on the pay-period immediately following the start of their one hundred twentieth (120) month of continuous service.

To attract and retain experienced at-will management employees and reflect their accruals for other comparable years of experience in a managerial at-will position, the City Manager may authorize an experienced at-will management employee to accrue paid vacation at a higher rate than what applies to other newly-hired employees at the time the at-will management employee is hired or at the time of their performance evaluation via a Personnel Action Form (PAF). However, the rate of accrual for newly- hired at-will management employees shall not exceed what is provided to employees with one hundred twenty (120) or more months of continuous service. 1222
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48 4.2.2 Use of Vacation
a. Employees shall be eligible to use vacation as it is accrued. Employees are not eligible to advance vacation time to use vacation leave before it is accrued. b. Employees shall request use of vacation at least fourteen (14) days in advance.

Requests that are less than fourteen (14) days in advance will only be considered on a case-by- case basis, and in emergency situations.
c. All requests for use of vacation must be approved by the employee’s supervisor and the relevant Department Head.
d. Upon termination of employment, employees shall be compensated for accrued unused vacation at their then current pay rate.
e. The City will not allow for accrual of vacation time in excess of 300 hours. Any and all time accrued beyond that will be paid out at the regular rate of pay. The City Manager reserves the right to allow overages in special circumstances.

4.2.3 Vacation Sell-Back
a. Employees who have been employed with the City of Eastvale for a minimum of one (1) year and have used a minimum of forty (40) hours of vacation or management leave during the pertinent calendar year, may elect to sell-back accrued, but unused, vacation hours.

An employee may request to sell-back a minimum of ten (10) hours, up to a maximum of forty (40) hours, not more than two (2) times in a calendar year. An employee may not sell-back more than eighty (80) accrued unused vacation hours in any calendar year. To sell vacation hours, an employee must have a minimum remaining balance of forty (40) hours of vacation leave accrual after the sale of said vacation hours. The employee will be compensated for such vacation sell- back hours at the salary rate in effect for that employee at the time the hours are paid. b. Vacation accruals for which the employee receives compensation will be deducted from the employee’s accumulated total.
c. Any employee who has been given a disciplinary reduction in pay, disciplinary demotion, or suspension, shall be excluded from the use of this provision for sixty (60) calendar days from the date of the implementation of the disciplinary action. d. An employee desiring to sell back vacation hours under this section, must make a written request to the City Manager for approval. All vacation sell back requests will be processed in the payroll cycle following the date the request was approved whenever possible, or the following payroll cycle.
e. The City Manager reserves discretion to inactivate this provision based on the City’s financial ability to pay.
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49 SECTION 4.3 SICK LEAVE

4.3.1 Sick Leave Accruals
a. All full-time employees will accrue paid sick leave at the rate of 90 hours for each 12 months of the employee's active service. Full time employees are credited 3.46 hours towards their sick leave per pay period. Any such leave accrued but unused in any year shall be accumulated for the employee to use in succeeding years up to a maximum accumulation of five (5) years or 450 hours. An employee who reaches the maximum accumulation shall cease accruing sick leave until his/her balance is under the maximum accumulation. Upon termination for any cause other than retirement, sick leave time is forfeited. If an employee retires from City service, sick time may be converted to years of service as regulated by the California Public Employees’ Retirement System (CalPERS). If sick time is not converted to years of service, it is forfeited.
b. All regular and probationary part-time employees will accrue paid sick leave at the rate of 45 hours for each 12 months of the employee’s active service. Regular and probationary part-time employees are credited 1.73 hours towards their sick leave per pay period. Any such leave accrued but unused in any year shall be accumulated for the employee to use in succeeding years up to a maximum accumulation of five (5) years or 225 hours. An employee who reaches the maximum accumulation shall cease accruing sick leave until his/her balance is under the maximum accumulation. Upon termination for any cause other than retirement, sick leave time is forfeited. However, if the City rehires an employee within twelve (12) months of termination, the employee shall receive a credit for accrued unused sick leave that the employee had at termination. If an employee retires from City service, sick time may be converted to years of service as regulated by the California Public Employees’ Retirement System (CalPERS). If sick time is not converted to years of service, it is forfeited. c. All temporary part-time employees who work 30 or more days within a year shall receive 40 hours of sick leave in their sick leave bank immediately upon commencement of employment. Employees who qualify for sick leave under this subsection are entitled to use accrued sick days beginning on the 90th day of employment. Unused sick leave at the end of the calendar year may not be carried forward and sick leave may not be cashed out. Thereafter, at the beginning of each subsequent calendar year, the employee shall begin the year with 40 hours of leave time in their sick leave bank.

4.3.2 Sick Leave Usage
The following are permitted uses of sick leave:
a. Diagnosis, care, or treatment of an existing health condition of an employee or a member of the employee’s Immediate Family. For the purposes of this section, Immediate Family member means any of the following: A child, a parent, a spouse, a registered domestic partner, a grandparent, a grandchild, a sibling, or a designated person. b. Preventative care for an employee or an employee’s Immediate Family member. c. For employees who are victims of a qualifying act of violence, as that term is defined under Government Code section 12945.8, leave taken for the purposes described in Government Code section 12945.8.
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50 Sick leave may be used upon an employee's oral or written request. If the need for paid sick leave is foreseeable, an employee must provide “reasonable” advance notice. If not, the employee must provide notice to their supervisor “as soon as practicable” or within one-half (1/2) hour of the beginning of their work shift of each sick day, or prior to leaving the worksite when becoming ill during the work shift. Failure to provide notice in accordance with this policy may be cause for disciplinary action. Eligibility of sick leave usage shall commence when accrued. Observed holidays occurring during sick leave shall not be counted as days of sick leave.

Vacation leave may not be used in lieu of paid sick leave unless employee’s sick leave accrual has been exhausted, and the employee receives approval from their supervisor. .

4.3.3 Annual Sick Leave Buy-Back
Employees may receive compensation for unused sick leave, per calendar year as follows:
a. Full-time employees and regular part time employees may be eligible to sell back accrued sick leave provided that they, following any sale of such hours to the City, maintain a minimum of forty-eight (48) hours of accrued unused sick leave. b. A full time or regular part time employee desiring to sell back accrued sick leave to the City must make a written request to the City Manager for approval during the first two weeks of January each calendar year.
c. Compensation for unused accumulated sick leave, processed under this section, will only be paid the second pay period in February of each year at the employee’s current rate of pay, based on a buy-back rate of 50% for each hour that the City buys back. (e.g., 40 hours of sick leave sold back to the City will be cashed out at 20 hours.) d. The City Manager reserves discretion to inactivate this provision based on the City’s financial ability to pay.
e. Employees are not eligible to sell-back accrued unused sick leave under this section upon termination of employment, which includes disciplinary termination, resignation, retirement, layoff, “at-will” or probationary separation.

SECTION 4.4 FAMILY CARE AND MEDICAL LEAVE; PREGNANCY DISABILITY LEAVE;

MILITARY FAMILY LEAVE
The City provides employees with family care and medical leave, pregnancy disability leave, and military family leave. Information about these leaves is set forth in a separate administrative policy.

SECTION 4.5 CIVIL AIR PATROL LEAVE
The City will provide employees with leave as required by the Civil Air Patrol Employment Protection Act. Employees who are also volunteer members of the Civil Air Patrol are annually entitled to up to 10 days of leave for Civil Air Patrol duty to respond to an emergency operation mission. The employee must have been a City employee for at least 90 days before the beginning of leave. Generally, leave for a single emergency cannot exceed 3 days. Leave is unpaid.

Employees may use available vacation leave. The employee must provide written certification of the need for leave from the proper Civil Air Patrol.
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51 SECTION 4.6 CRIME VICTIMS’ LEAVE
Employees are allowed time off from work to attend judicial proceedings related to a violent felony, serious felony, or felony theft or felony embezzlement (as defined in Labor Code 230.2), if the employee, an immediate family member (which includes spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather) of the employee, registered domestic partner of the employee, or the child of a registered domestic partner is a crime victim. The employee can use available sick leave, compensatory time off, or vacation leave for crime victims’ leave.

SECTION 4.7 VICTIMS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT Employees who are the victims of domestic violence or sexual assault can take time off, as required by law, to obtain relief, such as a temporary restraining order, a restraining order, or other court-ordered relief, to help ensure the safety of the victim or the victim’s child. Employees can use available vacation time or compensatory time off for this type of leave.

Unless not feasible, employees are expected to provide reasonable advanced notice of the need for leave and to supply documentation supporting the leave request.

SECTION 4.8 MILITARY LEAVE
Military Leave will be provided in accordance with state and federal law. All employees must notify their department head as soon as practicable of their need for military leave. When possible, the employee must also present a copy of their military orders prior to taking military leave. The department head must immediately notify the Human Resources and Risk Management Director about the employee’s need for military leave.

SECTION 4.9 ORGAN AND BONE MARROW DONATION LEAVE
Employees who are donating an organ are entitled to up to 30 business days of paid leave in a one (1) -year period. Employees who are donating bone marrow are entitled to five (5) business days of paid leave in a one (1) -year period. Group health insurance is maintained during the leave period.

For leave under this section, a year is measured as 12 consecutive months from the date leave begins. These leaves do not run concurrently with CFRA leave. Eligible employees are those employees who have been employed by the City for least a 90-day period before the leave begins.

Employees who take bone marrow donation leave must take up to five (5) days of accrued sick leave or vacation time. Employees who take organ donor leave may take up to two (2) weeks of accrued sick leave or vacation time. Prior to taking a leave under this section, an employee shall provide a written verification to the City that the employee is an organ or bone marrow donor and that there is a medical necessity for the leave.

SECTION 4.10 SCHOOL ACTIVITIES/SCHOOL APPEARANCE 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. a. Permissible Purposes:
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52 (i) To participate in the activities of the child’s primary or secondary school or licensed childcare provider;
(ii) To find, or to enroll, or reenroll the child in, a primary or secondary school or licensed childcare provider.
(iii) To address an emergency, such as:
(A) A request from childcare provider or school that the child be picked up.
(B) A provision in the attendance policy for the childcare provider or school, other than a planned holiday, that prohibits the child from attending. (C) Closure or unexpected unavailability of the childcare provider or school, other than during planned holidays.
(D) A natural disaster, including, but not limited to, fire, earthquake, or flood.
(iv) 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. b. 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 4.10(a)(iv). 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 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.
c. 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 childcare 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.
d. Leave under this section is unpaid. However, an employee may choose to use any accrued vacation time when taking leave under this section.

SECTION 4.11 VOLUNTEER FIREFIGHTERS, RESERVE PEACE OFFICERS, AND

EMERGENCY RESCUE PERSONNEL LEAVE
No employee shall be disciplined for taking time off to perform emergency duty as a volunteer firefighter, reserve peace officer, or emergency rescue personnel. If an employee is an official volunteer firefighter, reserve peace officer, or emergency rescue personnel, the employee shall alert their supervisor about the potential to take time off for emergency duty. When taking time off for emergency duty, the employee is required to alert their supervisor before doing so when 1227
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53 possible. Further, employees are entitled to take a leave of up to fourteen (14) days per calendar year for fire or law enforcement training. Employees may use their accrued vacation leave or take unpaid leave time.

SECTION 4.12 VOTING LEAVE
Employees of the City are expected to vote prior to or following their assigned working hours. If an employee does not have sufficient time outside regular working hours 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.

SECTION 4.13 PERSONAL LEAVE OF ABSENCE WITHOUT PAY

4.13.1 Request for Leave.

Upon the request of the employee, a leave of absence without pay may be granted by the City Manager to an employee.
a. An employee shall not be entitled to a leave of absence under this section as a matter of right, but only upon good and sufficient reason. b. Request for leave of absence without pay shall be made in writing to Human Resources and Risk Management, and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. Human Resources and Risk Management will transmit the request to the City Manager. In evaluating the leave request, 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.
c. 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 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.
d. Authority to Grant a Leave of Absence Without Pay. The City Manager may grant an employee a leave of absence without pay for a period not to exceed six 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, final, and not subject to any appeal. 1228
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54 e. 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 7.3.

4.13.2 Conditions of Leave.

A leave of absence without pay granted by the City Manager shall not be construed as a break in continuous service or employment, and rights accrued at the time leave is granted shall be retained by the employee. A person granted such leave shall not accrue any paid leaves of absence (vacation, sick leave), shall not receive increases in salary and other similar benefits, and shall not be eligible to receive cafeteria contributions and reimbursements during the period of absence, unless required by law. An employee reinstated after leave of absence without pay shall receive the same step in the salary range he/she received when he began his/her leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range, and the employee’s salary anniversary date shall be set forward one month for each thirty (30) consecutive days taken.

SECTION 4.14 JURY DUTY OR WITNESS APPEARANCE LEAVE
Every employee of the City who is called to jury duty will be granted leave to perform the same.

Upon receipt of a jury duty summons, employees must promptly notify their supervisor and provide a copy of the notice to their supervisor or department head. Further, an employee who is ordered or subpoenaed to appear as a witness in any judicial proceeding during their normally scheduled work hours will be given leave to fulfill their obligation. An Employee requesting leave to appear as a witness pursuant to an order or subpoena must provide verification of their witness obligation to their supervisor or department head. The City may require any employee on leave under this section to report to duty during regularly scheduled work hours if such scheduled work hours are outside of two hours of the employee’s required jury duty service or subpoena to appear as a witness.

Any regular full-time employee or regular part-time employee, who is required to serve as a juror or subpoenaed as a witness in any State or Federal court, or any administrative board or tribunal, shall be entitled to up to forty (40) days of their base pay while performing services as a juror or a witness for the duration of such service; provided that any such employee shall be required to pay over to the City any amount he/she receives for jury fees, exclusive of approved travel and subsistence.

SECTION 4.15 EXECUTIVE AND MANAGEMENT LEAVE
At-will executive and management employees, as shown on the City’s approved Salary Schedule, and as detailed in the attached appendix “A”, are authorized a paid leave (time off with pay) each calendar year. At-will executive employees will receive one-hundred (100) hours of paid leave per calendar year, and at-will management employees will receive eighty (80) hours of paid leave per calendar year. Such employees shall receive paid leave according to the following schedule:
a. During first calendar year as an at-will executive or management employee: At-will executive employees shall be credited twenty-five (25) hours at the beginning of each calendar quarter beginning with the employee’s date of hire as an at-will executive employee until the end of the same calendar year. At-will management employees shall be credited twenty (20) hours 1229
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55 at the beginning of each calendar quarter beginning with the employee’s date of hire as an at-will management employee until the end of the same calendar year. b. During the second calendar year, at will executive and management employees shall be credited leave according to the following schedules:
(i) At-will Executive Employees:
(A) January 1 until the end of the quarter encompassing the employee’s anniversary date as an at-will executive employee: the at-will executive employee shall be credited twenty-five (25) hours for each calendar quarter starting with January 1 until the end of the quarter encompassing the employee’s anniversary date as an at-will executive employee.
(B) quarter following the quarter encompassing the employee’s anniversary date as an at-will executive employee until the end of the second calendar year: the at-will executive employee shall be credited the remaining leave amount for the second calendar year as a lump sum credit.
(ii) At-will Management Employees:
(A) January 1 until the end of the quarter encompassing the employee’s anniversary date as an at-will management employee: the at-will management employee shall be credited twenty (20) hours for each calendar quarter starting with January 1 until the end of the quarter encompassing the employee’s anniversary date as an at-will management employee. (B) quarter following the quarter encompassing the employee’s anniversary date as an at-will management employee until the end of the second calendar year :
the at-will management employee shall be credited the remaining management leave amount for the second calendar year as a lump sum credit.
c. During the third calendar year and each subsequent calendar year thereafter as an at-will executive or management employee: : At-will executive employees shall be credited their annual one-hundred (100) hours of leave on January 1. At-will management employees shall be credited their annual eighty (80) hours of management leave on January 1.

Leave hours provided under this section 4.15 not used within the calendar year in which they are credited are forfeited and not subject to cash out. At-will executive and management employees shall receive cash out of any unused accrued management leave at termination of employment.

SECTION 4.16 BEREAVEMENT LEAVE
An Employee is eligible to receive leave under this section if the employee has been employed by the City for at least thirty days prior to commencement of leave. If an employee loses an immediate family member, as defined in this section below, the employee will be allowed paid time off of up to five (5) days. Leave days under this section need not be consecutive, but shall be completed within three months of the date of death of the immediate family member.

For the purposes of this section, an immediate family member means: a spouse, domestic partner, child, parent, sibling, grandparent, grandchild, parent-in-law, or foster children or legal wards and legal guardians. An employee must inform the employee’s supervisor prior to commencing 1230
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56 bereavement leave. In administering this section, the City may require verification of death within 30 days of the first day of the leave. Any documentation provided by the employee to support leave under this section shall be maintained as confidential.

SECTION 4.17 REPRODUCTIVE LOSS LEAVE
Upon completion of thirty (30) days of employment with the City, an employee shall be eligible to receive reproductive loss leave as provided in this section. a. Definitions applicable to this section.
(i) Reproductive loss event: means the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.
(ii) Failed adoption: means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party. This event applies to any person who would have been the parent if the adoption was completed.
(iii) Failed surrogacy: means the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to any person who would have been the parent if the child was born as a result of the surrogacy. (iv) Miscarriage: means a miscarriage by a person, by the person’s current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy.
(v) Stillbirth: means a stillbirth resulting from a person’s pregnancy, the pregnancy of a person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth. (vi) Unsuccessful assisted reproduction: means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. This event applies to a person, the person’s current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy. b. Leave Entitlement. An employee may receive up to five (5) days of unpaid leave under this section following a reproductive loss event. If an employee experiences more than one reproductive loss event within a twelve (12)-month period, the City may grant additional reproductive loss leave, under this section, up to twenty (20) days within a twelve (12) month period. An employee may use leave entitlement under this section nonconsecutively. Except as otherwise provided in subsection 3 “Impact of Other Leave” below, leave under this section shall be completed within three (3) months of the reproductive loss event. c. Impact of Other Leave. If prior to or immediately following a reproductive loss event, an employee is on or chooses to go on leave under section 4.4, or any other leave entitlement under state or federal law, the employee shall complete leave under this section within three (3) months of the end date of the other leave.
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57 d. Use of Accrued Paid Leave. An employee may use vacation leave, sick leave, or other leave that is otherwise available to the employee to receive compensation while on leave under this section.
e. Nonretaliation; Noninterference. The City will not retaliate against an employee, including imposing any disciplinary action, because of the employee’s exercise of the right for leave under this section or an employee giving information or testimony as to their own reproductive loss leave, or another person’s reproductive loss leave. Further, the City will not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
f. Confidentiality Provision. The City will maintain the confidentiality of any employee requesting leave under this section. Any information provided to the City pursuant to this section will be maintained as confidential and will not be disclosed except, as necessary, to internal personnel, legal counsel, or as may otherwise be required by law.

SECTION 4.18 INDUSTRIAL ILLNESS AND/OR INJURY LEAVE

4.18.1 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.
a. 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. b. 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.

SECTION 4.19 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.
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58 a. 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:
(i) An employee returns from a medical leave of absence of more than five working days.
(ii) An employee is involved in the interactive process with the City to determine whether there is a reasonable accommodation for the employee’s medical or mental condition.
(iii) 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. (iv) 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.
b. 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 and Risk Management 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. c. 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.
(i) 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. (ii) 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 required by law.
(iii) 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 this Manual. 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 this Manual, 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 1233
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59 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 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 required by law. 1234
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60 CHAPTER 5 – EMPLOYEE CONDUCT, DISCIPLINE AND DISCIPLINARY APPEALS SECTION 5.1 GENERAL POLICY STATEMENT
Regular full-time and regular part-time employees in the classified service of the City may not be suspended, demoted, dismissed, or reduced in pay for disciplinary reasons, without just cause.

This Chapter 5 of this Manual does not apply to probationary employees, “at-will” employees, and temporary part-time employees.

Discipline may be necessary when this Manual or standalone City policies are violated, or City expectations are not met, including an employee’s failure to satisfactorily perform assigned job duties. The causes for disciplinary action against an employee may include, but are not limited to, the following:

SECTION 5.2 TYPES OF DISCIPLINARY ACTIONS
While the City maintains a progressive disciplinary system, the City may impose discipline at any level that is appropriate for the employee’s action up to and including termination.

5.2.1 Verbal Reprimand.

An employee may be verbally reprimanded about his/her inappropriate behavior. The supervisor may make a brief notation regarding the date and substance of the verbal reprimand in the personnel file. If an employee’s conduct does not improve, reference to the verbal reprimand may be made in a subsequent written reprimand or performance evaluation. The procedures in Sections 5.6 and 5.7 are inapplicable to verbal reprimands. Verbal reprimands are not subject to any employee appeal or grievance.

5.2.2 Written Reprimand.

An employee may receive written notification indicating the City is dissatisfied with the employee’s services or conduct and that further disciplinary measures may be taken if the behavior is not corrected. The written reprimand may include details about 1) the date and time of the conduct underlying the reprimand, 2) what occurred and/or the nature of the violation, and 3) what the employee must do to correct the situation. The written reprimand must be signed by the employee and the employee’s supervisor or department head and then filed with Human Resources and Risk Management. If the employee refuses to sign the written reprimand, their refusal must be noted on the written reprimand. Once issued, the employee will receive one copy of the fully executed written reprimand and a second copy will be placed in the employee’s personnel file.

The procedures in Sections 5.6 and 5.7 are inapplicable to written reprimands. Written reprimands are not subject to any employee appeal or grievance.

5.2.3 Suspension.

An employee may be suspended without pay for disciplinary reasons.

5.2.4 Disciplinary Reduction in Pay.

An employee’s pay rate within their pay range and class may be reduced for disciplinary reasons. 1235
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61 5.2.5 Disciplinary Demotion.

An employee may be demoted from a position in one class to a position in another class having a lower maximum pay rate for disciplinary reasons. The demotion may be permanent or temporary.

5.2.6 Dismissal.

An employee may be dismissed from City service for disciplinary reasons.

SECTION 5.3 GROUNDS FOR DISCIPLINARY ACTION
Discipline will not be imposed except upon a showing of just cause, which may include, but shall not be limited to the following:

1. Fraud. To secure employment by providing false documents or knowingly make false statements or significant omissions, either orally or in writing, on a City employment application or in any supporting documents.

2. Incompetence. Failure to perform some or all of the job duties; unsatisfactory, inefficient, or careless work; the inability or refusal to improve work performance in accordance with written or verbal direction after a reasonable time period.

3. Neglect of Duty. Failure to perform one or more essential duties required of the employee’s position; unauthorized sleeping while on duty; intentional, negligent or reckless behavior resulting in spoilage or waste of City property; sabotage of City property, equipment, vehicles or work product; failing to take reasonable action while on duty or when required by law.

4. Poor performance. Substandard job performance.

5. Inability to maintain qualification. failure of an employee to maintain minimum job qualifications.

6. Insubordination. Willful failure to conform to a supervisor’s legitimate requests and directions; refusing to comply with reasonable work assignments made by a supervisor.

7. Alcohol or Drug Use. Any violation of the City’s Drug- and Alcohol-Free Workplace Policy.

8. Absence Without Leave. Being away from work during assigned duty hours without permission, tardiness, failure to return from leave, and/or improper use of leave.

9. Discourteous Treatment of Others. Disparaging remarks that discredit a co- worker or disrupt or subvert the good order, efficiency and discipline of the City or any department thereof; engaging in gossip or rumor mongering or other behavior which creates discord and disharmony in the workplace; engaging in bullying behavior; general discourteous, uncooperative, or offensive treatment of employees, contractors, the public or others doing business with the City. 1236
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62 10. Conduct that is Unbecoming a City Employee. Conduct which tends to discredit the City, whether on duty, off-duty in uniform or on City property.

11. Improper or Unauthorized Use of City Property. Using City telephone, or computer equipment for personal use or gain; using City equipment or City vehicles for personal use or gain; unauthorized possession of, loss of, or damage to any City property; theft or removal of any City property; violating the California Vehicle Code while operating a City vehicle; operating City vehicles or equipment or privately- owned vehicles on City business without a current driver’s license; involvement in preventable traffic accident while on duty.

12. Conflict of Interest/Employment/Activity/Enterprise. Outside employment, activity or enterprise not authorized by the City Manager.

13. Gifts. Acceptance of any gift or other form of remuneration, in addition to the employee’s regular compensation, for the actions performed in the normal course of the employee’s assigned duties, in violation of applicable laws, regulations and/or policies.

14. Falsifying Records. Falsifying, modifying, or altering City reports or records, including timesheets, or making misleading entries or statements, or failing to disclose material facts, or destroying or mutilating any City record or other document.

15. Dishonesty. The lack of honesty, deceit, and willful misrepresentation of facts.

16. Unethical Behavior. Failure of any employee to report any activities on his/her part where such activities may result in criminal prosecution or result in discipline under this policy; failure of any employee to report official contacts by any law enforcement agency; concealing or attempting to conceal defective work; the exercise of authority for any improper purpose; making false, misleading or malicious statements to a supervisor or which harm or destroy the reputation, authority or official standing of a co-worker; using a badge, uniform, identification card or other City property for personal gain or other improper purpose; attempted or actual theft of City property or the property of others.

17. Discrimination and Harassment and/or Sexual Harassment. Discrimination or harassment in violation of the City’s Policy Prohibiting Discrimination, Harassment, and Retaliation.

18. Safety. Violating safety rules; failing to wear required safety equipment; tampering with safety equipment; failing to report any on-the job or work-related accident or injury within 24 hours; engaging in reckless behavior that endangers self or safety or that of a co-worker or member of the public; threatening or engaging in acts of violence, engaging in horseplay, while on duty, or off-duty in uniform or on City property; unauthorized possession of a weapon, firearm or explosive while on duty, or off-duty in uniform or on City property, during working hours, or while acting in the capacity of a City employee; smoking/vaping/using e-cigarettes outside of designated smoking areas.
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63 19. Security. Unauthorized access to confidential information or records; unauthorized release of confidential information or records; unauthorized access into secured City offices, City buildings, or both; providing unauthorized access into City offices or City buildings to third parties, whether co-workers or members of the public; negligently misplacing security access codes, keys, electronic keys or cards that provide access to secured City offices or City buildings; loitering on City property.

20. Convictions. The conviction of either a misdemeanor or a felony where the conviction has a nexus (as reasonably determined by the City in its sole discretion) with the employee’s duties. The conviction shall be conclusive evidence of the misconduct having occurred for disciplinary purposes. A plea or verdict of guilty, or a conviction showing a plea of Nolo Contendere is deemed to be a conviction for disciplinary purposes.

21. Threats. Threatening, intimidating or coercing co-workers or members of the public while on duty, or while off-duty in uniform or on City property.

22. Interference. Interfering with investigations conducted by the City, its management or designated agents of the City.

23. Obscene Language. Obscene or abusive language toward a co-worker, a member of the public, or other person while on duty, or while off-duty in uniform or on City property.

24. Supervisor Obligations. Failure of a supervisor to ensure that subordinates comply with the written rules, regulations, policies and procedures of the City or any department thereof; failure of a supervisor to report misconduct of a subordinate to his/her supervisor or to document such misconduct; discriminatory treatment of subordinates.

25. Gambling. Gambling on City property or during work hours.

26. Violation of Rules. Violation of this Manual or any of the City’s policies, ordinances, and resolutions. This also includes violations of rules, regulations, or orders established by the employee’s supervisor or department head.

SECTION 5.4 DISCIPLINING AUTHORITY
The employee’s Department Head shall be the Disciplining Authority. For employees in the classified service who report directly to the City Manager, the City Manager shall be the Disciplining Authority.

The Disciplining Authority may issue proposed discipline, may serve as the Skelly Officer, and may impose discipline. The Disciplining Authority may not serve also serve as the Appeal Officer.

SECTION 5.5 MAJOR AND MINOR DISCIPLINE

5.5.1 Major Discipline.

Major discipline is defined to include dismissal, suspension of five (5) or more days, reduction in pay, or involuntary demotion.
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64 5.5.2 Minor Discipline.

Minor discipline is defined to include verbal reprimand, written reprimand, and suspension of four (4) days or less.

SECTION 5.6 DISCIPLINARY PROCEDURES

5.6.1 For disciplinary action more severe than a written reprimand, the following procedures apply: Written Notice of Intent to Discipline (“Skelly Notice”).

When the Disciplining Authority determines that an employee has committed an act or omission that justifies discipline more severe than a written reprimand, the Disciplining Authority or his/her designee shall provide the employee with written notice of the proposed disciplinary action. Such notice shall include:
a. A statement which clearly defines the intent to take action, the proposed action to be taken, and the proposed effective beginning and ending time of intended action. b. A statement of the specific grounds and particular facts upon which the proposed disciplinary action will be taken.
c. A copy of all written materials, reports, or documents upon which the intended action is based.
d. A statement that the employee will be afforded the right to respond to the Notice of Intent, either verbally, in writing, or both within five business days upon receipt of the intended disciplinary action, to the designated Skelly Officer.
e. A statement that if the employee fails to respond in the time frame specified will constitute a waiver of the right to respond.
f. If personally delivered, the employee’s signature on the Notice of Intent will acknowledge receipt of said notice by the employee. If the employee refuses to sign, it will be noted as such on the Notice of Intent. The signature documentation on the Notice of Intent will acknowledge that the employee received the Notice of Intent.

5.6.2 Employee Response/Pre-Disciplinary (“Skelly”) Conference.

Within five business days after the employee has been served with the Notice of Intent, the employee will have the right to respond, verbally or in writing, at the employee’s option, to the Skelly Officer. If, within the five business days response period, the employee does not provide a written or verbal response, the proposed action of the City will be considered conclusive and will take effect as set forth in the Notice of Intent. Prior to the expiration of the five business days, the response date may be adjusted by mutual agreement, but unreasonable delay will not be tolerated.

The employee’s response will be fully considered before the City issues any final notice of disciplinary action. During the Skelly Conference, the employee will be given a full opportunity to respond to the Notice of Intent. 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.
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65 Should the Skelly Officer determine that the employee’s response warrants further investigation, the Skelly Officer may delay the implementation or modification of the proposed disciplinary action until such time as the further investigation is completed. In the event the investigation produces facts that warrant more severe disciplinary action than originally proposed, the Skelly Officer will re-implement the Written Notice of Intent to Discipline procedures, above.

5.6.3 Written Notice of Final Disciplinary Action.

The Skelly Officer has the authority, after considering the employee’s response and additional investigation, if any, to modify, revoke, or impose the proposed disciplinary action.

If the Skelly Officer decides to modify the proposed action, the Skelly Officer will notify the employee by either issuing a revised Notice of Intent (for more severe disciplinary action than originally proposed) or a Notice of Imposition (for less severe disciplinary action than originally proposed). The Notice of Imposition will also include the effective date of any disciplinary action issued. The decision of the Skelly Officer is final and shall be imposed.

If the Skelly Officer decides to revoke the disciplinary action, the Skelly Officer will advise the employee in writing, and the original intent to impose disciplinary action will be discarded and no record made in the employee’s personnel file. The decision of the Skelly Officer is final and shall be imposed.

If the Skelly Officer decides to implement the discipline as originally proposed in the Notice of Intent, the Skelly Officer will notify the employee in writing by providing him/her with a Notice of Imposition. The Notice of Imposition will also include the effective date of any disciplinary action issued. The decision of the Skelly Officer is final and shall be imposed.

The employee will be advised in writing of any right of appeal The Notice of Imposition or other final decision of the Skelly Officer will be delivered to the employee in accordance with Section

5.10, and shall include the following details:
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;
g. Where applicable, notice that failure to file an appeal within a specified time frame will constitute a waiver of the right to appeal.
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66 SECTION 5.7 APPEAL PROCEDURES

5.7.1 Minor Discipline.

There is no appeal for minor discipline.

5.7.2 Major Discipline.

Any employee who has received a Notice of Decision imposing major discipline shall be entitled to request an evidentiary appeal of the imposition of discipline. Such appeal shall provide all rights afforded by due process under the law, including the employee’s right to call witnesses, cross examine witnesses, and present evidence in support of the employee’s appeal. a. Request for Appeal Hearing. An employee wishing to appeal any major discipline shall have ten (10) calendar days after receipt of the Notice of Imposition to submit a written and signed request for appeal hearing. The employee’s request for appeal must be addressed to the City Manager and shall identify the subject matter of the appeal, the grounds for the appeal, and the relief desired by the employee. All appeal hearings shall be conducted in private unless the employee requests a public hearing.
b. Scheduling of Appeal Hearing. The City Manager shall schedule the appeal hearing within a reasonable time after the designation of an Appeal Officer, considering the availability of the Appeal Officer, the employee, and any witnesses. c. Appeal Officer.
(i) When a person other than the City Manager was the Disciplining Authority, the City Manager may choose to act as the Appeal Officer and conduct the hearing himself/herself and make the final decision.
(ii) When a person other than the City Manager was the Disciplining Authority, the City Manager may, at the City Manager’s sole discretion, refer the hearing to an outside Appeal Officer, who will be selected by contacting the California State Mediation and Conciliation Service. The California State Mediation and Conciliation Service shall be requested to submit a list of seven persons qualified to act as an Appeal Officer to the City and the employee. Within ten days following receipt of the list of Appeal Officers, the parties shall meet to select the Appeal 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 Appeal Officer.
(iii) When the City Manager was the Disciplining Authority, the City Manager shall refer the hearing to an outside Appeal Officer by contacting the California State Mediation and Conciliation Service. The California State Mediation and Conciliation Service shall be requested to submit a list of seven persons qualified to act as Appeal Officers to the City and the employee. Within ten days following receipt of the list of Appeal Officers, the parties shall meet to select the Appeal Officer. The parties shall alternately strike one name from the list of Appeal Officers (the right to strike the first name to be determined by lot) until one name remains, and that person shall be the Appeal Officer. . .
d. Representation and Employee Appearance at Appeal Hearing. The employee is entitled to be represented by counsel or other representative at the appeal hearing. However, an 1241
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67 employee who requests an appeal hearing must be present during the appeal hearing. Failure to be present shall constitute a waiver of the employee’s right to an appeal. Waiver will not occur if the employee can demonstrate good cause for his/her failure to be present within three (3) working days from the date the employee fails to appear. e. Conduct of Appeal Hearing. The proceedings before the Appeal Officer shall be conducted as follows:
(i) All parties shall have the following rights:

1. To call and examine witnesses;

2. To introduce evidence;

3. To cross examine opposing witnesses on any matter relevant to the issue, even if the matter is not covered in the direct examination;

4. To impeach any witness regardless of which party first called him/her to testify;

5. To rebut the evidence against them; and

6. To present oral and written arguments
(ii) The City shall have the burden of proof at the appeal hearing and shall be required to prove the charges against the employee by a preponderance of the evidence. (iii) The party imposing discipline shall be permitted to make an opening statement.
(iv) The appealing party shall then be permitted to make an opening statement. (v) 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.
(vi) The parties may then, in order, respectively offer rebutting evidence only, unless the Appeal Officer for good reason, permits them to offer evidence upon their original case (vii) Closing arguments shall be permitted at the discretion of the Appeal Officer; and Written briefs may be permitted at any point in the proceedings at the discretion of the Appeal Officer.
(viii) The appeal hearing shall not be conducted in accordance with the technical rules relating to evidence and witnesses, but shall be conducted in a manner most conducive to the determination of the truth. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules
(ix) which might make improper admission of such evidence over objection in a court of law. The Appeal Officer’s decision shall not be invalided by any informality in the proceedings.
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68 (x) Hearsay evidence may be used for the purpose of explaining any direct evidence but shall not be sufficient in and of itself to support a finding, unless it would be admissible over objections in civil actions.
(xi) The Appeal Officer shall not take testimony from one (1) party outside the presence of the other.
(xii) The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.
(xiii) Irrelevant evidence and unduly repetitious evidence shall be excluded. (xiv) The Appeal Officer shall determine the relevancy, weight, and credibility of testimony and evidence.
(xv) The Appeal Officer shall have the power to exclude any witnesses. f. Appeal Officer’s Decision. Within thirty (30) days after the close of the hearing, a written statement of decision, containing findings of fact, shall be issued by the Appeal Officer.

The Appeal Officer shall have the authority to recommend affirming, revoking, or reducing the Disciplinary Action imposed against the employee. The Appeal Officer may not provide for discipline more stringent that than that imposed by the City. The Appeal Officer shall present their advisory opinion to the City Manager, the City Manager shall have an additional fifteen (15) days to consider the advisory opinion and any written objections to the advisory opinion filed by the parties before the City Manager must issue a final decision. The parties shall have seven (7) days from the date the advisory opinion is issued to file written objections with the City Manager.

The City Manager’s decision constitutes a final and binding resolution of any Disciplinary Action, and no further appeal shall be permitted within the City’s administrative process. A copy of the City Manager’s final decision shall be provided to the employee.

In cases where the City Manager was the Disciplining Authority, The Appeal shall provide advisory decision to the City Council, who will then make their final decision to ratify or modify the Appeal Officer’s decision at their next regularly scheduled City Council meeting. City Council’s decision shall be final and binding on the parties.

Notwithstanding the above, the Appeal Officer shall not have binding authority to add, modify, or subtract from the Personnel Policies and Procedures Manual, or any resolutions, ordinances, or policies adopted by the City. Further, the Appeal Officer shall not have the authority or power to render a binding decision that requires the City to expend additional funds, to hire additional personnel, to buy additional equipment or supplies, or to pay wages or benefits not specifically provided for in the Personnel Rules, or any resolutions, ordinances, or policies adopted by the City. The Appeal Officer shall not have the authority to require the City to perform any other action that would violate state or federal laws.

SECTION 5.8 PLACEMENT ON PAID ADMINISTRATIVE LEAVE PENDING DETERMINATION

OF DISCIPLINARY ACTION
An employee may be placed on an Administrative Leave with Pay to allow the City time to investigate potential allegations of misconduct, while the Disciplinary Action is in process, or when the City Manager determines that it is in the best interest of the City. The employee must be 1243
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69 available by telephone during his/her normal working hours and able to report to the City within sixty (60) minutes if directed to do so. The employee may also be required to provide an email address that may be used for written communications. When an employee is placed on Administrative Leave with Pay during an investigation, the City may direct him/her to not discuss the alleged violation or the Disciplinary Action with anyone, except a representative of his/her choice. Failure to remain available as provided in this section will be a separate and independent ground for Disciplinary Action, unless the employee has requested and received authorization to use vacation, sick, or other leave time for the time in question. This section is not intended to prevent the employee from communicating with his/her representative of choice, including legal counsel.

SECTION 5.9 TIME EXTENSIONS
Any time limitations or requirements as set forth under this Chapter may be extended or changed by mutual written agreement of the parties.

SECTION 5.10 DELIVERY OF NOTICES
When notice is required under this Chapter, the notice shall be given to the affected employee either by delivery of the notice to the employee in person; or if the employee is not available for personal delivery, by sending by overnight delivery, or by placing the notice in the United States mail, first Class, postage paid, and by Certified Mail, return receipt requested, in an envelope addressed to the employee’s last known home address. It shall be the responsibility of the employee to inform the City, in writing, of his/her current home address and of any change in such address, and the information so provided shall constitute the employee’s “last known home address”. Such personal delivery or mailing shall be presumed to provide actual notice to the employee.

SECTION 5.11 DISCIPLINARY RECORDS
Original copies of all written records pertaining to disciplinary actions shall be maintained in the employee’s confidential personnel file.
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70 CHAPTER 6 – EMPLOYEE SAFETY
SECTION 6.1 DRUG- AND ALCOHOL-FREE WORKPLACE
It is the policy of the City to maintain a workplace that is free from the effects of alcohol and drugs.

The City’s policy on a drug and alcohol-free workplace is set forth in a separate administrative policy.

SECTION 6.2 EMPLOYEE SAFETY

6.2.1 General Safety
Employee safety is of utmost concern and each employee is expected to exercise safe work practices for his/her own benefit and the benefit and welfare of his/her co-workers. The City’s Injury and Illness Prevention Program provides more specific information regarding workplace safety. Each employee is responsible for reviewing and complying with the Injury and Illness Prevention Program.

6.2.2 Entering and Leaving the Premises
At the time of hire, employees will be advised about the proper entrances and exits for employees, as well as unauthorized areas, if any. Employees should not be in City work areas except for their regularly scheduled or overtime shifts or attendance at a City authorized meeting. For insurance purposes, unescorted or unauthorized visitors in our facilities is prohibited. If an employee is expecting visitors, such as clients, customers or friends, the employee should notify his/her supervisor. Certain employees are authorized to arm and disarm the building alarms, and they will be given instruction on the alarms and codes. Employees are expected to abide by these rules at all times. Failure to do so may lead to disciplinary action, including and up to termination of employment.

6.2.3 Security Checks – Packages/Parcels
The City may exercise its right to inspect all packages and parcels entering and leaving our premises.

6.2.4 Parking Lot
Employees are encouraged to use the parking areas designated for our employees. Please keep in mind that the parking spaces adjacent to or in front of our building(s) are for customers and visitors only. Employees are reminded to lock their car every day and park within the specified areas.

Courtesy and common sense in the parking lot will help eliminate accidents, personal injuries, and damage to employee vehicles. Remember that the area around all buildings, especially the City’s administration building, has a great deal of pedestrian walking activity - please maintain a safe driving speed at all times. If an employee should damage another car while parking or leaving, he/she must immediately report the incident, along with the license numbers of both vehicles and any other pertinent information he/she may have, to his/her supervisor. 1245
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71 The City cannot be and is not responsible for any loss, theft or damage to an employee’s vehicle or any of its contents.

6.2.5 Security
Maintaining the security of City buildings and vehicles is every employee's responsibility. Develop habits that ensure security as a matter of course. For example:
 Always keep cash properly secured. If you are aware that cash is insecurely stored, immediately inform the person responsible.
 Know the location of all alarms and fire extinguishers and familiarize yourself with the proper procedure for using them, should the need arise.  Note and promptly report suspicious circumstances or persons about the premises. 1246
CHAPTER 7 – SEPARATION FROM EMPLOYMENT AND FURLOUGH
SECTION 7.1 RESIGNATION/RETIREMENT
An employee wishing to resign is asked to submit a written notice two weeks prior to leaving. The notice should include the reasons for resignation and the effective date. The last day of employment shall not fall on a paid holiday. Employees contemplating retirement should contact Human Resources and Risk Management at least 90 days prior to their anticipated retirement date. 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.

Prior to leaving, the Human Resources and Risk Management Director, will arrange an exit interview to collect issued items, where the employee will be expected to return all City property, including keys to City facilities or work areas, uniforms, equipment and the City Employee Identification Card.

SECTION 7.2 LAYOFF

7.2.1 General Policy
Whenever, in the judgment of the City Manager, and subject to City Council approval by resolution, it becomes necessary to abolish any position or employment, the employee holding such position or employment may be laid off without disciplinary action and without the right of appeal. The City Manager will determine the class and number of positions to be affected, and the layoff date.

Action under this section may be taken for any of the following reasons:
a. Lack of Work;
b. Budgetary Reasons;
c. Elimination of Programs;
d. Elimination of Services; or
e. Any other legitimate reason as determined by the City Manager

7.2.2 Order of Layoff
In each class of positions, employees will be laid off according to employment status in the following order: temporary, part-time, probationary, then regular. Temporary, part-time, and probationary employees will be laid off according to the needs of the service as determined by the City Manager. In cases where there are two or more regular employees in the class from which the layoff is to be made, such employees will be laid off on the basis of the most recent performance evaluation, with the employee with the least satisfactory performance being laid off first. In cases where their most recent performance evaluations are equal, the employee with less seniority will be laid off first. For purposes of layoff, “seniority” is defined as total time employed by the City from the employee’s date of hire to present. 1247

7.2.3 Vacancy and Demotion
Except as otherwise provided, whenever there is a layoff, the City Manager may, but is not required to, first demote an employee identified for lay-off to a vacancy, if any, within the department in a lower class for which the employee is qualified. Secondly, employees may request to demote to a vacant position within the organization. An employee who is offered a demotion has the right to refuse the demotion without losing his/her right to be placed on a reemployment list.

7.2.4 Recall List
The name of every regular employee who is laid off, transferred, or demoted to a classification in the same department for longer than one (1) pay period due to layoff, shall be placed on the Recall List maintained by Human Resources and Risk Management.

Vacancies to be filled within a department shall be offered, first in order of performance, to individuals named on the Recall List who at the time of the layoff, held a position in the same regular full time job classification or in the same regular part time job classification within the department as the vacancy to be filled. Individual names may be removed from the Recall List by the Human Resources and Risk Management representative, for any of the following reasons:
a. The expiration of one (1) year from the date of placement on the List. b. Reemployment with the City in a regular full-time position in a department other than that from which the employee was laid off.
c. Failure to respond within fourteen (14) calendar days of mailing of a certified letter regarding availability for employment.
d. Failure to report to work within fourteen (14) calendar days of mailing of a certified letter containing a notice of reinstatement to a position absent mitigating circumstances. e. Request in writing to the City Manager to be removed from the List.

7.2.5 Status on Re-employment
A regular employee who has been laid off and is reemployed in a regular position within one (1) year from the date of his/her layoff or termination shall be entitled to:
a. Restoration of seniority accrued prior to and during layoff. b. Credit for all service prior to layoff for the purpose of determining the rate of accrual of vacation leave.
c. Placement in the salary range at the same job classification in the same department from which he/she was laid off.
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SECTION 7.3 ABANDONMENT OF EMPLOYMENT

7.3.1 Determination and Notification
When an employee has been absent without authorization from work for more than three workdays, and in the opinion of the Department Head the employee has abandoned his/her position, the Department Head shall notify the City Manager. The City Manager, or designee, shall notify the employee that the City has determined he/she has abandoned his/her position and that the employee has four working days upon receipt of the notice to contact the City regarding his/her intent to return to work. The notice shall also advise the employee that failure to contact the City within the four-day period shall be deemed an automatic resignation effective on the fifth day.

Such notice shall be in writing and sent by regular U.S. mail, via overnight delivery, certified mail, or personal service to the last address listed in the employee’s personnel records.

7.3.2 Employee’s Response
Where an employee fails to respond within four working days to the notice of abandonment of position, the employee may be considered to have abandoned his/her position of employment with the City. Abandonment of position shall constitute an automatic resignation from the City service.

If the employee contacts the City within the four-day period, the employee may avoid automatic resignation as provided in this section, however, the employee may still be subject to disciplinary action.

7.3.3 Circumstances When Abandonment Occurs
Abandonment of position may include, but is not limited to:
a. Where an employee fails to return to his/her employment upon conclusion of any authorized leave of absence;
b. Where an employee fails to properly notify by telephone, verbally, or in writing his/her immediate Supervisor of absence due to sickness or injury, except as otherwise required by law; or
c. Where an employee fails to appear for work without notification or express agreement between the Supervisor and the employee as to the use of any leave time set forth under the City’s personnel policies, except as otherwise required by law.

SECTION 7.4 Furlough And Reduction Of Hours

7.4.1 Determination and Notification
The City may implement a furlough or temporary reduction of scheduled hours whenever, in the judgment of the City Council, it becomes necessary to take such actions. The City Manager will consult with affected Department Heads to determine the number of affected employees and will notify affected employees in writing of their selection for furlough or temporary reduction of hours.

Such written notice will include the start and end date, the resulting reduction in pay, and any other applicable terms and conditions. Affected employees are not entitled to appeal their selection through either disciplinary appeal or grievance procedures. Affected employees may not 1249
use accrued, paid leave time during designated furlough time or to supplement reduced work hours.

7.4.2 Status While on Furlough
Affected employees may not use accrued, paid leave time during designated furlough time or to supplement reduced work hours. Affected employees will be deemed to remain in paid status for purposes of accrual of leave, seniority, and other eligibility for benefits, and will not be considered to have a break in service for purposes of these Rules. Furlough or reduced schedule time will not be considered “hours worked” for purposes of overtime and will not be counted towards completion of probationary periods under these Rules.
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APPENDIX A
Executive Classifications
 Assistant to the City Manager
 Assistant Community Services & Recreation Director
 Assistant Finance Director
 Assistant Human Resources & Risk Management Director
 Community Safety Director
 Government Services Director/City Clerk
 Human Resources & Risk Management Director
 Deputy City Manager
 Community Services & Recreation Director
 Community Development Director
 Finance Director/City Treasurer
 Public Works Director/City Engineer
 Assistant City Manager
 City Manager
Management Classifications:
 Associate Planner
 Emergency Management Coordinator
 Senior Management Analyst
 Senior Environmental Compliance Analyst
 Senior Planner
 Principal Accountant
 Senior Information Technology Business Systems Analyst  Senior Human Resources & Risk Management Analyst
 Public Works Superintendent
 Landscape & Facilities Superintendent
 Associate Engineer
 Principal Management Analyst
 Community Services & Recreation Manager
 Purchasing Manager
 Maintenance & Operations Manager
 Code Compliance Manager
 Public Works Manager
 Principal Planner
 Economic Development Manager
 Finance Manager
 City Clerk
 Senior Engineer
 Information Technology Manager
 Public Information Officer
 Risk Manager
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 Human Resources & Risk Manager
 Principal Engineer
 Building Official
 Principal Engineer
 City Planner
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ACKNOWLEDGEMENT OF RECEIPT
Each employee shall verify that he/she has been given a copy of this manual. The acknowledgement shall be dated and signed by the employee and the original maintained in the employee’s personnel file.

I have been given a copy of the City of Eastvale’s (“City”) Personnel Policies and Procedures Manual (“Manual”). This Manual applies to all employees of the City and to others as indicated.

I understand that it is my responsibility to read the Manual and to comply with its provisions. I also understand as a City employee, I must maintain my City badge on my person at all times while performing City business.

I further understand that the Manual contains important information governing my employment with the City, including regulations and obligations that are expected of me as a City employee.

Furthermore, I understand that I am obligated under the California Constitution that I am declared to be a Disaster Service Worker, as outlined in Government Code 3102, and as further defined in this Manual under Section 2.1.i.

I understand that my failure to comply with these policies may result in disciplinary action, up to and including termination. If I have questions concerning these policies, I will bring them to the attention of my supervisor, department head, or Human Resources and Risk Management.

I understand that because it is not possible to anticipate every situation that may arise in the workplace and because laws and programs change, the City reserves the right to modify, supplement, rescind, or revise any provisions of this Manual (other than the employment at-will provisions and provisions compelled by law), at any time as it deems necessary or appropriate in its sole discretion.

I understand that nothing in this Manual is intended to create a contract of employment with the City, or to create an expectation of continued employment for any specified term.

I understand that the original of this acknowledgement of receipt will be placed in my personnel file.

Dated:

Signature
Employee’s Name
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4892-8457-6447 v1
RESOLUTION NO. 24-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING THE CITY’S POLICY AGAINST HARASSMENT, DISCRIMINATION, &

RETALIATION
WHEREAS, the City Council adopted the City’s Policy Against Harassment, Discrimination & Retaliation by Resolution No. 24-38 on June 26, 2024.

WHEREAS, the Policy Against Harassment, Discrimination, & Retaliation is a living document that is reviewed and updated as necessary or desirable to ensure the policy is in compliance with applicable laws and regulations.

NOW, THEREFORE, the City Council of the City of Eastvale does hereby resolve, determine, and order as follows:

SECTION 1. The above recitals are true and correct and are incorporated as a material part of this resolution
SECTION 2. The Policy Against Harassment, Discrimination, & Retaliation attached hereto as Exhibit “A” and incorporated herein by reference is adopted and shall take effect on January 1, 2025. Any and all prior approved versions of the Policy Against Harassment, Discrimination, & Retaliation shall no longer be of any force and effect as of December 31, 2024.

PASSED, APPROVED AND ADOPTED this 11th day of December 2024. __________________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney Government Services Director/City Clerk
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
Government Services Director/City Clerk
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4882-9400-0030 v4 1

CITY OF EASTVALE

POLICY AGAINST HARASSMENT, DISCRIMINATION, AND RETALIATION I. PURPOSE AND POLICY
The City of Eastvale (“City”) is committed to preventing harassment, discrimination, and retaliation, and maintains a strict policy prohibiting all types of harassment, discrimination, or retaliation because of race, color, national origin, ancestry, religion, creed, sex, gender, gender identity, gender expression, genetic characteristics or information, physical or mental disability, medical condition, marital status, sexual orientation, age, pregnancy, reproductive health choices, childbirth, or related medical conditions, military or veteran status, or any other basis protected by applicable federal, state, or local law, or any combination of the foregoing characteristics, including based on association with individuals with any or combination of these characteristics or based on the perception that an individual has one or more of these characteristics. All such harassment, discrimination, or retaliation is prohibited.

This policy applies to all officials, employees, interns, and volunteers involved in the operations of the City, as well as to applicants for employment, or any participant of another limited duration program to provide unpaid work experience, and prohibits harassment and discrimination by any employee including supervisors and co-workers, and by others doing business with the City.

This policy prohibits retaliation by any employee, including supervisors and co-workers. If harassment occurs on the job by someone not employed by the City, the procedures in this policy should be followed as if the harasser were an employee of the City.

Conduct that may not be prohibited under harassment, discrimination, or retaliation law may nevertheless violate this policy, violate other City policies, or other City standards of conduct.

II. DEFINITIONS
A. Discrimination: Discrimination is any action or conduct by which an employee is treated differently or less favorably than other employees similarly situated to the employee, because the employee is a member of a Legally Protected Category or Characteristic. Examples of conduct that can constitute discrimination if based on an individual’s Legally Protected Category or Characteristic include, but are not limited to the following:

1. Failing or refusing to hire an individual based on their Legally Protected Category or Characteristic.

2. Terminating an individual from employment based on their Legally Protected Category or Characteristic.

3. Singling out or targeting an individual for different or less favorable treatment because of their Legally Protected Category or Characteristic B. Employee: Any individual under the direction and control of the City under any appointment or contract of hire or apprenticeship, express or implied, oral or written. For purposes of this policy, the term “employee” includes any individual 1256
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who is an unpaid intern or volunteer of the City. The inclusion of any individual, including but not limited to unpaid interns and volunteers, in the definition of “employee” for purposes of this policy should not be interpreted to affect the applicability of any other policy or procedure of the City.

C. Harassment: Unwelcome verbal, visual, or physical conduct based on membership in a Legally Protected Category or Characteristic that creates an intimidating, offensive, or hostile work environment. Such conduct constitutes harassment when:

1. Submission to the conduct is made either an explicit or implicit condition of employment, or an unpaid internship or volunteer program;

2. Submission to or rejection of the conduct is used as the basis for an employment decision, or any decision related to an unpaid internship or volunteer program; or

3. The harassment unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment.

Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes, statements, gestures, pictures, computer images, or cartoons regarding an employee’s Legally Protected Category or Characteristic. Harassment is prohibited whether it involves a co-worker, subordinate, supervisor or manager, or third parties doing business with or for the City.

D. Legally Protected Category or Characteristic : Race, color, national origin, ancestry, religion, creed, sex, gender, gender identity, gender expression, genetic characteristics or information, physical or mental disability, medical condition, marital status, sexual orientation, age (40 and over), pregnancy, reproductive health choices, childbirth, breastfeeding, or related medical conditions, military or veteran status, or any other basis protected by applicable federal, state, or local law, or any combination of the foregoing.

E. Sexual Harassment : Sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature may all constitute sexual harassment when: (1) submission to such conduct is made a term or condition of employment, an unpaid internship, or volunteer program; or (2) submission to or rejection of such conduct is used as basis for employment decisions, or any decision relating to an unpaid internship or volunteer program, affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile or offensive working environment. This definition includes potential forms of offensive behavior. The following is a non-exclusive list of some examples:

1. Unwanted sexual advances.

2. Offering employment benefits in exchange for sexual favors. 1257
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3. Making or threatening reprisals after a negative response to sexual advances.

4. Visual conduct, such as leering, making sexual gestures, displaying of sexually explicit jokes, comments about an employee’s body or dress.

5. Verbal sexual advances or propositions.

6. Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body, sexually degrading words to describe an individual, suggestive or obscene letters, notes, or invitations.

7. Physical conduct, such as touching, assault, impeding, or blocking movements.

8. Retaliation for reporting harassment or threatening to report harassment.

9. Electronic communications such as email, texts, or internet use that violate this policy
Sexual harassment can occur between members of the same or opposite sex and need not be motivated by sexual desire or attraction. Sexual harassment can be based on pregnancy, child birth, or related medical conditions where such conduct unreasonably interferes with the employee’s work performance, affect or impact an employee’s terms and conditions or privileges of employment or creates an intimidating, hostile or offensive work environment. Sexual harassment on the job is prohibited whether it involves co-worker harassment, harassment by a supervisor or manager, or harassment by third parties doing business with or for the City.

F. Supervisor: Any individual having the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees or the responsibility to direct them, or to adjust their grievances, or to effectively recommend such action, if the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

G. Retaliation. Taking adverse action against any employee because of the employee’s opposition to a practice that the employee reasonably believes constitutes employment discrimination or harassment or because of the employee’s participation in an employment discrimination or harassment investigation, proceeding or hearing. Retaliation also includes adverse action against an employee because of opposition or participation by a family member or close associate of the employee.

1. Examples of Opposition: Opposition to perceived harassment or discrimination includes threatening to file a discrimination complaint with the Equal Employment Opportunity Commission (“EEOC”), the California Civil Rights Department (“CRD”), union, or court, or complaining or protesting about alleged employment discrimination or harassment to a manager, union official, co-worker, or other official. Opposition also includes a complaint or protest made on behalf of another employee or made by the employee’s representative. A complaint about an employment practice constitutes 1258
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protected opposition only if the employee communicates to the City a reasonable good faith belief that the practice opposed constitutes employment discrimination or harassment. Opposition in a manner which disrupts the workplace, or which constitutes an unlawful activity, or engaging in badgering or threatening of employees or supervisors is not protected.

2. Examples of Participation: The City prohibits retaliation against any individual because the individual has filed a charge, testified, assisted or participated in any manner in an investigation, proceeding, hearing or litigation under federal or state employment discrimination or harassment statutes or at other hearings regarding protected employee rights, such as an application for unemployment benefits. The City also prohibits retaliation against somebody closely related to or associated with the employee exercising such rights.

3. Examples of Adverse Actions: For purposes of this policy, an adverse action includes the following acts, when the act is taken because of the employee’s opposition to or participation in disciplinary actions, negative performance evaluations, undesirable transfer, undesirable assignments, negative comments, unwarranted criticism, undesirable change in benefits, undesirable change in work schedule, unwarranted exclusion from meetings or events, or undesirable change in work duties.

III. PROCEDURES
A. Training and Policy Dissemination:

1. Non-Supervisory Employees: All employees will be given a copy of this policy, and will receive guidance from the Human Resources Division on its provisions and the City’s commitment to provide a harassment-free, discrimination-free, and retaliation-free workplace. All non-supervisory employees and temporary/seasonal employees will receive training in accordance with the requirements of the Fair Employment Housing Act (Government Code section 12950.1) and implementing regulations.

2. Supervisory Employees:
(a) All supervisors will be trained once every two years on matters relating to the prevention, reporting, and investigation of harassment, discrimination, and retaliation. Further, individuals appointed to supervisory positions from a non-supervisory position or as a new employee shall receive training within six months of their hiring or assumption of the supervisory position.
(b) Supervisory training will last for a minimum of two hours. (c) Supervisory training will be conducted in a classroom or other interactive setting and will, at a minimum, cover the following topics:
(1) Information and practical guidance regarding federal and state statutory laws about sexual harassment;
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(2) Information about the correction of sexual harassment and the remedies available to victims of sexual harassment;
(3) Practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation; and (4) Information and practical guidance regarding the prevention of abusive conduct, which is defined as follows: conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and
unrelated to an employer’s legitimate business interests.

Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work
performance. A single act does not constitute abusive
conduct, unless especially severe and egregious.

B. Preventing Harassment, Discrimination, and Retaliation: The City’s complaint procedure provides for a prompt, thorough, impartial, and objective investigation of every harassment, discrimination, or retaliation claim, appropriate disciplinary action against one found to have engaged in prohibited harassment, discrimination, or retaliation, and appropriate remedies to any victim of harassment, discrimination, or retaliation. The City encourages reporting of all perceived incidents of harassment, discrimination, and retaliation.

1. Optional Process: An employee who believes that another person has harassed, discriminated, or retaliated against the employee is encouraged to, but is not required to, confront this person and politely, but firmly inform the person of the conduct that the employee finds offensive or retaliatory and request that the person cease this behavior. If the employee does not wish to confront the person harassing, discriminating, or retaliating against the employee, or if the employee’s attempts to do so have failed, the employee should file a complaint with the City.

2. Filing a Complaint: Employees should follow this procedure to notify the City of harassment, discrimination, or retaliation. Employees who believe they have been harassed, discriminated against, including by persons doing business with or for the City, or retaliated against on the job, should promptly report the complaint to their immediate supervisor, any supervisor, the Human Resources Director or Manager, or to the City Manager as soon as possible.

In addition to being able to report potential harassment, discrimination, or retaliation to any supervisory employee, the following suggested reporting procedures are available when filing a complaint about certain individuals in the City:
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 Complaints regarding a person within the employee’s direct chain of command may be provided to the Human Resources Director or Manager.
 Complaints regarding the Human Resources Director or Manager may be provided to the City Manager.
 Complaints regarding the City Manager or the City Attorney may be submitted to the City Clerk for consideration by the City Council during closed session.
 Complaints regarding a member of the City Council may be reported to the City Manager or the City Attorney.

The complaints should be as detailed as possible, and should include: details of the incident(s), name(s) of individuals involved, and the name(s) of any witness(es). The employee should also attach any documentary evidence to the complaint.

Notification to the City of potential harassment, discrimination, or retaliation is essential. The City assures employees that they will not be penalized in any way for filing a good faith complaint of potential discrimination, harassment, or retaliation.

Supervisors and managers must immediately refer all harassment, discrimination, or retaliation complaints to the City’s Human Resources Director or Manager.

ALL EMPLOYEES SHOULD NOTE THAT THE FAILURE TO USE THE CITY’S

COMPLAINT PROCEDURE MAY HAVE AN ADVERSE EFFECT ON ANY
CLAIM UNDER THIS POLICY WHEN SUCH CLAIMS ARE LITIGATED.

3. Investigation of Complaints: All incidents of harassment, discrimination, and retaliation that are reported must be investigated. The Human Resources Director or Manager, or other appropriate person if the circumstances warrant, will promptly undertake or direct an effective, thorough, and objective investigation of the harassment, discrimination, or retaliation allegations. The investigation will be completed and the determination regarding the harassment, discrimination, or retaliation alleged will be made and such determination will be communicated to the complainant and the accused.

Employees may be placed on administrative leave during an investigation until the conclusion of a discrimination, harassment, or retaliation investigation.

4. Corrective Action: If the City determines that a policy violation has occurred, the City will take effective remedial action commensurate with the circumstances. Appropriate action will also be taken to deter any such future violation of the policy.

In light of the City’s duty to prevent harassment, discrimination, and retaliation and in light of the City’s desire to have a professional and productive work environment, the City reserves the right to take appropriate corrective action when an employee 1261
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engages in inappropriate conduct that does not fully rise to the legal standards and definitions set forth in Section II but violates other City policy or standards of conduct. For example, the City may take appropriate corrective action for inappropriate conduct, even if such conduct was not subjectively unwelcome or offensive to another employee of the City.

C. Anonymity and Confidentiality:

1. While the City will investigate anonymous complaints, the City strongly discourages anonymous complaints. EMPLOYEES CHOOSING TO FILE

A COMPLAINT ANONYMOUSLY MUST BE AWARE THAT ANONYMITY

IN THE COMPLAINT PROCEDURE MAY COMPROMISE THE CITY'S
ABILITY TO COMPLETE A THOROUGH INVESTIGATION. Employees should also be aware that should the City learn of the identity of an anonymous complainant, the City cannot guarantee that the complainant’s identity will remain confidential, if the City determines in its discretion that disclosure is necessary to complete the investigation.

2. The City will take all reasonable steps available to maintain the confidentiality of all complaints of harassment, discrimination, and/or retaliation as well as all information gathered during an investigation.

However, the City retains sole discretion to determine whether disclosure of information is necessary to complete the investigation or for other legitimate purposes.

3. In order to protect the integrity of the investigation and the privacy of the individuals involved, the City may direct that all employees involved in an investigation of harassment, discrimination, and/or retaliation complaints as complainant(s), witness(es), or accused are required to keep all information related to the investigation confidential. If so directed, an employee revealing such information is grounds for disciplinary action as provided for in the City’s Personnel Rules, except as expressly permitted by law, such as in discussion with a legal or employee representative.

D. Obligation to Cooperate : All employees involved in a workplace investigation into alleged harassment, discrimination, or retaliation are required to fully and truthfully cooperate with the investigation. Failure to fully and truthfully cooperate with the investigation is grounds for disciplinary action as provided for in the City’s Personnel Rules, up to and including termination.

E. Obligation to Report:

1. Supervisory Employees: Any supervisor who receives a complaint of harassment, discrimination, or retaliation, who witnesses harassment, discrimination, or retaliation or who has any reason to believe that harassment, discrimination, or retaliation may have occurred in the workplace is required to report the conduct immediately to the Human Resources Director or Manager. Failure to report may result in disciplinary action being taken against the supervisor as provided for in the City’s Personnel Policies and Procedures Manual, up to and including termination. 1262
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2. Non-Supervisory Employees: While non-supervisory employees are not required under this policy to report potential harassment, discrimination, or retaliation, they are strongly encouraged to do so. If a non-supervisory employee elects to report potential harassment, discrimination, or retaliation, the employee may report to any supervisor or to the Human Resources Director or Manager.

F. Intentionally False Complaints: Employees are prohibited from making an intentionally false complaint of harassment, discrimination, and/or retaliation. An intentionally false complaint is a complaint that the employee demonstrably does not believe to be true. Any employee making an intentionally false complaint is subject to disciplinary action, up to and including termination.

G. Additional Enforcement Information: In addition to the City’s internal complaint procedure, employees should also be aware that the EEOC and the CRD investigate and prosecute complaints of harassment, discrimination, or retaliation in employment.

1. You can contact the EEOC as follows: Los Angeles District Office, 255 East Temple, 4th Floor, Los Angeles, California, 90012; 800-669-4000/800-669- 6820 (TTY) or 213-894-1000; www.eeoc.gov.

2. You can contact the CRD as follows: 2218 Kausen Drive, Suite 100, Elk Grove, California 95758; 800-884-1684/800-700-2320 (TTY) or 916-478- 7251; www.calcivilrights.ca.gov.

Employees should feel free, without fear of retaliation, to follow the procedures set forth above if they believe they have been harassed, discriminated or retaliated against as described in this policy.

For more information, contact the City’s Human Resources Department.

IV. EXCEPTIONS
There are no exceptions to this policy without the express authorization of the City Manager.
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CITY OF EASTVALE

POLICY AGAINST HARASSMENT, DISCRIMINATION,

AND RETALIATION

ACKNOWLEDGEMENT OF RECEIPT
By my signature below, I acknowledge that I have received, read and understood the City of Eastvale’s Policy Against Harassment, Discrimination, and Retaliation (“Policy”), and I will abide by its terms. I understand that failure to fully comply with all terms set forth in the Policy may lead to disciplinary action, up to and including termination.

Name (PLEASE PRINT)
Signature
Date
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heal

CITY OF EASTVALE PERSONNEL

POLICIES AND PROCEDURES
MANUAL
January 1, 2025
Adopted by Resolution 13-14
Revised by Resolution 15-01
Revised by Resolution 17-69
Revised by Resolution 17-75
Revised by Resolution 18-12
Revised by Resolution 18-41
Revised by Resolution 18-69
Revised by Resolution 19-27
Revised by Resolution 21-02
Revised by Resolution 23-54
Revised by Resolution 24-XX
Revised by Resolution 24-XX
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TABLE OF CONTENTS
Page
INTRODUCTION ........................................................................................................................1 ORGANIZATION ........................................................................................................................2 DEFINITIONS .............................................................................................................................3 CHAPTER 1 - EMPLOYMENT ...................................................................................................6 SECTION 1.1 EQUAL EMPLOYMENT OPPORTUNITY .................................................6 SECTION 1.2 POLICY PROHIBITING DISCRIMINATION, HARASSMENT, AND RETALIATION..........................................................................................6 SECTION 1.3 DISABLED APPLICANTS AND EMPLOYEES..........................................6 SECTION 1.4 ACCOMMODATION FOR SINCERELY HELD RELIGIOUS BELIEF .................................................................................................................7 SECTION 1.5 LACTATION ACCOMMODATION ............................................................8 SECTION 1.6 RECRUITMENT/SELECTION OF EMPLOYEES ......................................9 SECTION 1.7 MEDICAL EXAMINATIONS ....................................................................12 SECTION 1.8 NEPOTISM AND CONSENSUAL ROMANTIC RELATIONSHIPS ..........13 SECTION 1.9 PROBATION...........................................................................................17 SECTION 1.10 PERFORMANCE EVALUATION AND PERFORMANCE
IMPROVEMENT PLANS........................................................................18 SECTION 1.11 OUTSIDE EMPLOYMENT, ACTIVITY, OR ENTERPRISE / CONFLICT OF INTEREST.....................................................................19 SECTION 1.12 TRAINING OF EMPLOYEES................................................................21 SECTION 1.13 POLITICAL ACTIVITIES OF PUBLIC EMPLOYEES.............................22 SECTION 1.14 USE OF CAMERAS, VIDEO SURVEILLANCE, AND GPS SYSTEMS ..............................................................................................22 SECTION 1.15 USE OF CITY TECHNOLOGICAL RESOURCES.................................22 SECTION 1.16 MANAGEMENT PREROGATIVES .......................................................22 SECTION 1.17 ACCEPTANCE OF GIFTS....................................................................23 SECTION 1.18 TELECOMMUTING ..............................................................................23 SECTION 1.19 EMPLOYEE’S HOME ADDRESS AND STATUS OF DRIVER’S LICENSE – DUTY TO UPDATE .............................................................23 SECTION 1.20 PERSONAL APPEARANCE, GROOMING AND DRESS CODE ..........24 SECTION 1.21 NEWS MEDIA RELATIONS..................................................................25 SECTION 1.22 ATTENDANCE AND PUNCTUALITY....................................................25 SECTION 1.23 TOBACCO, E-CIGARETTE, VAPING POLICY .....................................25 SECTION 1.24 PERSONNEL RECORDS .....................................................................26 1266
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CHAPTER 2 – CLASSIFICATION AND COMPENSATION......................................................29 SECTION 2.1 EMPLOYEE CLASSIFICATIONS/AUTHORIZED POSITIONS................29 SECTION 2.2 WORKWEEK AND SCHEDULES ...........................................................30 SECTION 2.3 PAYROLL PROCESSING.......................................................................32 SECTION 2.4 REST AND MEAL PERIODS – NON-EXEMPT (HOURLY) EMPLOYEES .........................................................................................34 SECTION 2.5 OVERTIME COMPENSATION/COMPENSATORY TIME OFF...............34 SECTION 2.6 BI-LINGUAL PAY....................................................................................35 SECTION 2.7 TEMPORARY ASSIGNMENTS ..............................................................36 SECTION 2.8 CALL BACK PAY....................................................................................37 SECTION 2.9 ON CALL (STANDBY) PAY ....................................................................37 SECTION 2.10 CAR ALLOWANCE...............................................................................37 SECTION 2.11 PHONE ALLOWANCE..........................................................................37 SECTION 2.12 SALARY AND WAGE SCHEDULES.....................................................38 SECTION 2.13 ADVANCEMENT WITHIN THE SCHEDULE.........................................38 SECTION 2.14 CHANGES IN EMPLOYMENT STATUS...............................................38 SECTION 2.15 TRAVEL EXPENSES............................................................................40 SECTION 2.16 EDUCATIONAL EXPENSE REIMBURSEMENT...................................40 CHAPTER 3 EMPLOYEE BENEFITS ......................................................................................41 SECTION 3.1 HOLIDAYS..............................................................................................41 SECTION 3.2 WINTER HOLIDAY CLOSURE...............................................................41 SECTION 3.3 INSURANCE BENEFITS ........................................................................42 SECTION 3.4 RETIREMENT BENEFITS ......................................................................44 SECTION 3.5 TEMPORARY PART-TIME EMPLOYEES ..............................................46 CHAPTER 4 - LEAVE OF ABSENCE ......................................................................................47 SECTION 4.1 GENERAL INFORMATION.....................................................................47 SECTION 4.2 VACATION .............................................................................................47 SECTION 4.3 SICK LEAVE...........................................................................................49 SECTION 4.4 FAMILY CARE AND MEDICAL LEAVE; PREGNANCY DISABILITY LEAVE; MILITARY FAMILY LEAVE; NEW PARENT LEAVE .................50 SECTION 4.5 CIVIL AIR PATROL LEAVE ....................................................................50 SECTION 4.6 CRIME VICTIMS’ LEAVE........................................................................51 SECTION 4.7 VICTIMS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT...............51 SECTION 4.8 MILITARY LEAVE...................................................................................51 SECTION 4.9 ORGAN AND BONE MARROW DONATION LEAVE..............................51 1267
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SECTION 4.10 SCHOOL ACTIVITIES/SCHOOL APPEARANCE LEAVE .....................51 SECTION 4.11 VOLUNTEER FIREFIGHTERS, RESERVE

PEACE OFFICERS, AND EMERGENCY RESCUE PERSONNEL
LEAVE 52
SECTION 4.12 VOTING LEAVE....................................................................................53 SECTION 4.13 PERSONAL LEAVE OF ABSENCE WITHOUT PAY.............................53 SECTION 4.14 JURY DUTY OR WITNESS APPEARANCE LEAVE.............................54 SECTION 4.15 MANAGEMENT LEAVE........................................................................54 SECTION 4.16 BEREAVEMENT LEAVE ......................................................................55 SECTION 4.17 INDUSTRIAL ILLNESS AND/OR INJURY LEAVE ................................56 SECTION 4.18 FITNESS FOR DUTY LEAVE AND EXAMINATION .............................57 CHAPTER 5 – EMPLOYEE CONDUCT, DISCIPLINE AND DISCIPLINARY APPEALS.........60 SECTION 5.1 GENERAL POLICY STATEMENT ..........................................................60 SECTION 5.2 TYPES OF DISCIPLINARY ACTIONS....................................................60 SECTION 5.3 GROUNDS FOR DISCIPLINARY ACTION .............................................61 SECTION 5.4 DISCIPLINING AUTHORITY...................................................................63 SECTION 5.5 MAJOR AND MINOR DISCIPLINE .........................................................63 SECTION 5.6 DISCIPLINARY PROCEDURES.............................................................64 SECTION 5.7 APPEAL PROCEDURES........................................................................66 SECTION 5.8 PLACEMENT ON PAID ADMINISTRATIVE LEAVE PENDING DETERMINATION OF DISCIPLINARY ACTION....................................68 SECTION 5.9 TIME EXTENSIONS ...............................................................................69 SECTION 5.10 DELIVERY OF NOTICES .....................................................................69 SECTION 5.11 DISCIPLINARY RECORDS ..................................................................69 CHAPTER 6 – EMPLOYEE SAFETY.......................................................................................70 SECTION 6.1 DRUG- AND ALCOHOL-FREE WORKPLACE .......................................70 SECTION 6.2 EMPLOYEE SAFETY .............................................................................70 CHAPTER 7 – SEPARATION FROM EMPLOYMENT AND FURLOUGH................................72 SECTION 7.1 RESIGNATION/RETIREMENT ...............................................................72 SECTION 7.2 LAYOFF..................................................................................................72 SECTION 7.3 ABANDONMENT OF EMPLOYMENT ....................................................74 SECTION 7.4 FURLOUGH AND REDUCTION OF HOURS..........................................74 ACKNOWLEDGEMENT OF RECEIPT.....................................................................................78 1268
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Nothing in this Manual shall be deemed to create a vested contractual right for any employee.

In the event of a conflict between this Manual and an Administrative Policy or a Department’s policy or procedure, this Manual shall control.

If any section, subsection, sentence, clause, or phrase of this Manual is found to be illegal by a court of competent jurisdiction, such findings shall not affect the validity of the remaining portions of this Manual.
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The City Council’s policies are implemented by the City Manager, who is directly responsible to the City Council for the administration and implementation of the Council policies and priorities.

The City’s activities and services are divided into functional departments, with Department Heads assigned to each department.
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Specific Definitions:

Acting Appointment: An interim appointment of a current City employee by the City Manager to temporarily perform the full duties of a position with a higher maximum base rate of pay.

City: The City of Eastvale.

City Council: The City Council of the City of Eastvale.

City Manager: The City Manager of the City of Eastvale or designee.

Days: Calendar days unless stated otherwise in these Rules.

Domestic Partner/Registered Domestic Partner: Means a member of a registered domestic partnership under California law.

Eligibles: Persons who have taken an open-competitive examination or promotional examination and have qualified for placement on an eligibility list. 1271
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Full-Time Employees: Employees who hold budgeted positions that normally require a 40-hour work week or that have been approved by the City Council to be a full- time position.

Human Resources and Risk Management Director: The Human Resources and Risk Management Director or designee.

Lay-Off: The separation of employees from the active work force due to lack of work or funds, or organizational changes, or to the abolition of positions by the City Council for any of those reasons.

Management: means the group of full-time, at-will appointments, exempt –executive employees appointed by the City Manager and including the City Manager.

4.14 Jury Duty; 16) Section 4.16 Bereavement Leave; and 17) Chapter 5.

Reclassification: The reassignment of one position in a class to a different class by the City Manager in accordance with this Manual.
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Reemployment List: A list of names of laid off employees, who may have reinstatement rights, for a specific classification or position.

Regular Full Time or Regular Part Time Employee: An employee in the classified service who has successfully completed the probationary period and has been retained in accordance with this Manual.

Temporary Employee: A person who is employed by the City for a limited period of time for a specified, limited purpose. Temporary Employees may not work more than 1,000 hours per fiscal year, and full-time Temporary Employees may not work for longer than 6 continuous months. Temporary Employees are eligible for only those benefits required by applicable State and Federal laws. Temporary Employees are at-will employees and may be separated from employment at any time with or without cause. Temporary Employees are not subject to the terms and conditions of the following sections of this Manual: 1) Section 1.6 Recruitment; 2) Section 1.9 Probation; 3) Section 1.18 Telecommuting; 4) Section 2.6 Bi-lingual Pay; 5) Section 2.7 Temporary Assignments; 6) Section 2.8 Call Back Pay; 7) Section 2.9 On Call (Standby) Pay; 8) Section 2.10 Car Allowance; 9) Section 2.11 Phone Allowance; 10) Section 3.1 Holidays; 11) Section 3.4 Retirement; 12) Section 4.2 Vacation; 13) Section 4.3 Sick Leave; 14) Section 4.13 Personal Leave of Absence without Pay; 15) Section 4.14 Jury Duty; 16) Section 4.16 Bereavement Leave; and 17) Chapter 5.
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6 CHAPTER 1 - EMPLOYMENT
SECTION 1.1 EQUAL EMPLOYMENT OPPORTUNITY
The City is an equal opportunity employer and makes employment decisions on the basis of merit.

Applicants or employees who believe they have been harassed, discriminated against, or retaliated against, should report that conduct in accordance with the City’s complaint procedures.

Applicants and employees should review the City’s complete Policy Prohibiting Discrimination, Harassment and Retaliation Policy.

SECTION 1.3 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. Employment practices (e.g., hiring, training, testing, transfer, promotion, compensation, benefits, and disciplinary action) will not discriminate against disabled employees or applicants. 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"). 1274
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7 1.3.1 Request for Accommodation
An applicant or employee who desires a reasonable accommodation to perform essential job functions should make such a request in writing to Human Resources and Risk Management.

The City will inform the employee of any decisions made under this section in writing.

1.4.1 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 and Risk Management. This request may be 1275
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8 made orally or in writing, however the City encourages written requests. Such requests should include the following relevant information:
a. A description of the accommodation requested;
b. The reason the accommodation is necessary; and
c. A description as to how the accommodation will resolve the conflict between the person’s religious beliefs or practices and the City’s application or employment requirements for the corresponding position.

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.
c. Following such a request, the City will provide written details to the employee regarding the terms of the lactation accommodation, which will include:
(i) 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. (A) 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 battery-powered breast pump.
(B) 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.
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9 (ii) 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.

Full-time and part-time employees interested in internal opportunities shall follow the procedures below:
a. Employee(s) may submit a completed City Employment Application to Human Resources and Risk Management, by the position’s stated closing date. A supplemental questionnaire may also be required, as noted on the electronic job flyer. 1277
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10 b. The Human Resources and Risk Management Director will notify the employee(s) if he/she will be interviewed or tested for the position. c. After successfully completing the selection process, and upon the City Manager’s approval, the selected employee(s) will be notified of their appointment to the position(s). d. Open Recruitment
e. If an internal recruitment is not recommended or approved, the Human Resources and Risk Management Director, will seek candidates through a recruitment open to internal and external candidates.

Certain guidelines must be observed to ensure compliance with State and Federal laws and to maximize the reliability of the interview process.

Interview questions must be job-related and designed to measure a candidate’s job knowledge, experience and education necessary to perform the essential job functions.

Only the most highly rated candidate (s) will be considered for final evaluation and review. 1278
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11 1.6.4 Reference Check
Before an offer of employment is extended, the City shall conduct a reference check on any candidate. The purpose of the reference check is to verify prior employment duties, dates of employment, performance record, attendance record, and any other pertinent information.

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.
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12 1.6.7 Candidate Notification
After references are verified and a decision to provide a conditional job offer is made, the City will notify the selected candidate, in writing, and make an employment offer, contingent upon passing required health screening as defined in Section 1.7 below and successful completion of a criminal history check as provided in Section 1.6.5 above, as may be applicable. Once the candidate successfully completes the medical examination and criminal history check, as may be applicable, all other candidates, if any, will be notified in writing that they were not selected for the position and that they will remain on the eligibility list for a one year period.

1.7.2 Confidentiality.

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. 1280
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13 1.7.3 Regulatory Compliance.

SECTION 1.8 NEPOTISM AND CONSENSUAL ROMANTIC RELATIONSHIPS

1.8.1 Nepotism
a. Definitions:
(i) Applicant. A person who applies for a position at the City and is not a Current Employee.
(ii) Change of Status. A change in the legal status or personnel status of one or more Current Employees.
(A) Changes in legal status include but are not limited to marriage, divorce, separation, or any such change through which a Current Employee becomes a Family Member or ceases to be a Family Member of another Current Employee. (B) Changes in personnel status include but are not limited to promotion, demotion, transfer, resignation, retirement or termination of a Current Employee who is a Family Member of another Current Employee.
(iii) Current Employee. A person who is presently a City employee, or an elected or appointed City official.
(iv) Direct Supervision. One or more of the following roles, undertaken on a regular, acting, overtime, or other basis shall constitute Direct Supervision:
(A) Occupying a position in an employee’s line of supervision; or (B) Functional supervision, such as a lead worker, crew leader, or shift supervisor; or
(v) 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.
(vi) Family Member. A spouse, domestic partner, parent, parent-in-law, step- parent, legal guardian, sister, step-sister, sister-in-law, brother, step-brother, brother-in-law, child, step-child, legal ward, daughter-in-law, son-in-law, grandchild, or grandparent. (vii) Prohibited Conduct. Conduct by Family Members including, but not limited to, one or more of the following:
(A) Participation directly or indirectly in the recruitment or selection process for a position for which a Family Member is an Applicant. 1281
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14 (B) Direct Supervision of a Family Member that does not comply with limitations set forth in this policy;
(C) Conduct by one or more Family Members that has an adverse effect on supervision, safety, security or morale.
b. Applicants for Employment.
(i) Right to Apply. No qualified Applicant may be denied the right to file an application for employment and compete in the examination process. However, consistent with this policy, the City may reasonably regulate, condition, or prohibit the employment of an Applicant. (ii) Disclosure of Relationship. Each Applicant is required to disclose the identity of any Family Member who is a Current Employee. (iii) Review of Human Resources and Risk Management Director. For each Applicant who has a Family Member who is a Current Employee, the Human Resources and Risk Management Director shall assess whether any of the following circumstances exist:
(A) Business reasons of supervision, safety, security or morale warrant the City’s refusal to place the Applicant under Direct Supervision by the Family Member; or (B) Business reasons of supervision, security, or morale that involve potential conflicts of interest or other hazards that are greater for Family Members than for other employees, which warrant the City’s refusal to permit employment of Family Members in the same department, division, or facility.
(iv) Decision of the Human Resources and Risk Management Director. If the Human Resources and Risk Management Director determines that either of the above circumstances exist, the Human Resources and Risk Management 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. (A) Following examination, if the Applicant is successfully certified as eligible pursuant to Section 1.6.7, he or she may be employed in a position for which the Human Resources and Risk Management Director has determined that neither circumstance exists pursuant to Section 1.8.1.b.iii above.
(B) When an eligible Applicant is refused appointment by virtue of this section, his or her name shall remain on any employment list that has been created for openings in the same classification. For each opening, the Human Resources and Risk Management Director shall make a determination consistent with Section 1.8.1.b.iii above. c. Guidelines for Current Employees.
(i) Employees shall report a Change of Status to the Human Resources and Risk Management 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.
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15 (ii) Within thirty days from receipt of notice, the Human Resources and Risk Management 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. (A) The Human Resources and Risk Management Director shall consult with the 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.
(B) Notwithstanding the above provisions, the City retains the right to exercise its discretion to determine that the potential for creating an adverse impact on supervision, safety, security, or morale cannot be sufficiently minimized and to take further action as set forth in Section 1.8.1.d.ii below.
d. Monitoring by Department Head.
(i) 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 Human Resources and Risk Management Director’s determination. The Department Head shall document these actions.

Current Employees and Applicants affected by the application of this policy, may appeal the action to the Human Resources and Risk Management Director within ten days of the action. The Human Resources and Risk Management 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 1283
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16 the Human Resources and Risk Management Director’s decision may appeal to the City Manager within five days of receipt of the Human Resources and Risk Management Director’s decision.

1.8.2 Consensual Romantic Relationships Between Employees a. 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.
b. 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 1.8.1 regarding nepotism shall govern employees who marry or become domestic partners with another City employee.
c. 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.
d. 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 Human Resources and Risk Management 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. e. Determination by Human Resources and Risk Management Director. Within five working days, the Human Resources and Risk Management Director shall issue a written determination as to whether the relationship presents a conflict, and is thereby prohibited. The Human Resources and Risk Management Director, in consultation with the City Manager, shall have exclusive discretion in making the determination.
f. Resolution of Conflicts. Subject to limitations imposed by the Municipal Code and applicable provisions of this Manual, the City Manager or designee will attempt in good faith to work with the Supervisor and the other employee to consider options to eliminate the conflict, 1284
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17 including removing the Supervisory authority that created the conflict, reassignment, transfer or voluntary demotion of a Supervisory employee, or where the City Manager or designee determines that modification of a Supervisor’s assignment is not feasible, reassignment, transfer or voluntary demotion of a non-Supervisory employee. The City Manager or designee retains discretion to determine that the conflict may be resolved via voluntary resignation or termination only.
g. 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.

1.9.3 Extensions
a. Prior to the end of any probation period, the probation period may be extended by a maximum of twelve (12) additional months with the approval of the City Manager, or designee. 1285
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18 b. Periods of time off work during unpaid absences will automatically extend the probationary period by the number of days of the absence. Further, periods of time on paid leave exceeding 20 consecutive working days will extend the probationary period by a corresponding number of days.
c. The employee will be notified in writing of such an extension.

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.

1.10.1 Performance Evaluation
All regular full-time employees regular part-time employees, and part-time employees will receive a comprehensive performance evaluation from their immediate supervisor annually. The 1286
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19 evaluation period may be extended if the employee takes a leave of absence. Newly hired City employees, who are subject to a probationary period, may receive an optional performance evaluation during the probationary period, generally six (6) months after the hire date at the City Manager’s sole discretion. In the event more than one (1) person supervises an employee, all supervisors are required to participate in the performance evaluation process. Except for the optional performance evaluation during the probationary period, employees may be eligible for a merit increase in conjunction with their annual performance review.

At-will management positions may receive an optional performance evaluation at the City Manager’s discretion.

SECTION 1.11 OUTSIDE EMPLOYMENT, ACTIVITY, OR ENTERPRISE / CONFLICT OF

No City employee shall use his/her name as an employee of the City to seek benefit from any commercial or business enterprise. No employee shall approve or utilize the name, uniform or 1287
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20 prestige of the City, or any City department, for any such purpose. Because of their knowledge and expertise, outside employment or other income opportunities may become available to City employees. If an employee is considering such an opportunity, he or she must fully disclose the employment opportunity to the City and to have it carefully reviewed to avoid conflict of interest.

Failure to disclose outside employment or potential business opportunities that may create a conflict of interest is grounds for disciplinary action up to and including termination.

Procedure for obtaining approval:
a. The employee shall request authorization of outside employment from the employee’s Department Head, or designee by completing the Authorization for Outside Employment Form prior to entering into the requested outside employment. b. The employee’s Department Head, or designee shall authorize outside employment in accordance with this policy. In the event a request for outside employment is denied, written comments will be provided to the employee. c. The employee’s Department Head, or designee shall furnish the requesting employee a copy of the Authorization for Outside Employment indicating approval/denial and forward a copy to the employee’s personnel file.
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21 d. The employee may appeal the decision determining that the outside employment or activity is prohibited to the City Manager by submitting a written appeal to the City Manager within ten days of such determination. Failure of the employee to submit a timely written appeal shall waive the employee’s right to such appeal. The written appeal shall include reasons that the employee believes the determination that the outside employment/activity is not prohibited under this policy.
e. Within ten days of receiving the employee’s written appeal, the City Manager shall issue a decision either affirming or reversing the determination regarding the employee’s outside employment/activity. The City Manager’s decision shall be final and binding and not subject to any further appeal. An employee who continues outside employment/activity after a determination that such outside employment/activity is prohibited is subject to disciplinary action, including and up to termination of employment.

SECTION 1.12 TRAINING OF EMPLOYEES

1.12.2 Mandatory Training
Employees may be required to attend mandatory trainings periodically as determined by the City Manager.
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22 SECTION 1.13 POLITICAL ACTIVITIES OF PUBLIC EMPLOYEES The political activities of City employees are governed by the provisions of Government Code Section 3201, et. seq. In addition and pursuant to Section 3201, City employees are not permitted to participate in any political activity while in the uniform of his/her employment unless on official City business. Further, City employees are not permitted to conduct or engage in any political activity or purpose during those hours that he/she should be discharging the duties of his/her position.

The City also maintains GPS devices on all City vehicles. Employees do not have an expectation of privacy related to the City’s use of these GPS devices.

SECTION 1.16 MANAGEMENT PREROGATIVES
The City retains, whether exercised or not, solely and exclusively, all express and inherent rights and authorities with respect to determining the level of, and the manner in which, the City’s activities are conducted, managed and administered. These management rights include, but are not limited to the following:
a. The right and authority to schedule work and/or overtime work. b. The right to direct work. An employee’s job description does not restrict the type of work to which the employee can be assigned.
c. The right to discipline or to discharge employees, where applicable, subject to the procedures set forth in these Rules.
d. The right to determine assignments and to establish methods and processes by which assignments are performed.
e. The right to transfer employees within departments and to positions outside a department in a manner most advantageous to the City.
f. To evaluate employees and to schedule when an employee’s performance evaluation will occur.
g. The right to determine the compensation and benefits that will be paid or provided to employees.
h. The right to make employment decisions.
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23 SECTION 1.17 ACCEPTANCE OF GIFTS
Employees shall adhere to the Political Reform Act and Fair Political Practices Commission (FPPC) regulations with respect to the acceptance and reporting of gifts, and with the City’s administrative policy on Ticket and Pass Distribution, as it may be amended from time to time.

SECTION 1.19 EMPLOYEE’S HOME ADDRESS AND STATUS OF DRIVER’S LICENSE –

DUTY TO UPDATE

1.19.2 Driver’s License Changes
a. The possession of a valid California Driver’s License may be a requirement for certain City employment positions. Convictions of certain offenses or administrative action by the Department of Motor Vehicles may restrict or prohibit an employee’s ability to drive City vehicles or operate City equipment. Therefore, all employees who are required to drive a City vehicle or operate City equipment, shall promptly notify their supervisor, and the supervisor shall ensure that Human Resources and Risk Management is immediately updated on any change, temporary or permanent, in Driver’s License status.
b. These changes will be reported in writing directly to Human Resources and Risk Management. The changes will be recorded in the employee’s personnel file. . c. Changes in Driver’s License Status will be evaluated by the employee’s department head on a case-by-case basis to determine whether the employee can fulfill the essential duties of the position, as a result of a change involving temporary suspension or full revocation.
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24 SECTION 1.20 PERSONAL APPEARANCE, GROOMING AND DRESS CODE The appearance employees project to the public and others they come in contact with while at work directly reflects on the City. 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.

Subject to the CROWN Act, employees must always maintain a professional image. a. 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 wear, or beach wear. Clothing and footwear should be clean and in good repair. It may not be faded, torn, frayed, or revealing. (i) Examples of appropriate business casual wear include, but are not limited to, khaki, “Docker type”, gabardine, or wool slacks; polo, collared, or short-sleeved dress shirts; twin sets; sweaters; casual dresses and skirts; and loafer, flat, or dress sandals. (ii) 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, athletic shorts, mini-skirts, clothing that is transparent or see- through; dresses with spaghetti straps, or flip flops. (iii) 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. b. 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 Commission meetings), formal business attire should be worn. c. 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. d. 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. Uniformed employees shall not wear their uniforms while off duty, except during brief stops to and from work and during breaks, such breaks and brief stops do not include time an employee spends running personal errands. Employees may be eligible for a uniform allowance depending on their job classification. e. Tattoos. Employees may not display via tattoo, branding, or other form of body art (“collectively tattoo”) any obscene or offensive images, phrases, or expressions (including profanity and nudity) during their work shift if such material is, or may become visible to others during the employee’s work activities while on duty. Employees who have a tattoo, shall reasonably ensure that is not displayed in violation of this requirement by completely covering the tattoo with a skin-toned patch, long-sleeved uniform shirt, or other material approved by their respective department head. Employees with tattoos that are not prohibited but which the employee chooses not to display, may use similar covering options. Purchase of optional or mandatory covering options may be an appropriate use of uniform allowance for eligible employees.
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25 f. 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. g. Exceptions. The City Manager may grant exceptions to this policy if requested by an employee as a reasonable accommodation on the grounds that the application of this policy would infringe on an employee’s protected characteristics as set forth in Section 1.1 of this Manual, or any other legally protected status.

SECTION 1.23 TOBACCO, E-CIGARETTE, VAPING POLICY
Employees shall not smoke, or use tobacco, e-cigarettes, or vape in any City facility or vehicle, or within twenty feet of any City facility, or while on duty in City uniforms. A violation of this policy shall result in disciplinary action.
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26 SECTION 1.24 PERSONNEL RECORDS

1.24.4 Procedures for Release of Information
a. All outside inquiries and reference checks shall be in writing and shall be forwarded to the Human Resources and Risk Management Director, or designee for response. The Human Resources and Risk Management Director or designee may consult with the City Attorney as to the release of the requested information. All calls for reference checks should be referred to the Human Resources and Risk Management Director.
b. Financial information will be released only after a written request has been submitted to the Human Resources and Risk Management Director or designee by the entity requesting the information, and the employee has executed a written approval to release the requested information. The Human Resources and Risk Management Director, shall verify the authenticity of the written approval to release the requested information prior to releasing an employee’s financial information.
c. The Human Resources and Risk Management Director or designee shall comply with applicable Federal and State laws regarding release of public employee information and shall consult with the City Attorney whenever there are questions concerning the release of an employee’s information. Nothing in this section shall be construed as prohibiting the City from releasing information required by law, including but not limited to a subpoena or court order. 1294
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27 d. Any employee who receives a request for a personal reference by a former or current employee is required to forward that request to the Human Resources and Risk Management Director. Only the City Manager and the Human Resources and Risk Management Director or their designees are authorized to provide references for former or current employees on behalf of the City. 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.

1.24.6 Personnel/Payroll Files – Right to Inspect
a. California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee's performance or to any grievance concerning the employee. b. Inspections shall be allowed at reasonable times and intervals, but not later than 30 calendar days from the date the City receives a written request. Upon a written request from a current or former employee, or a representative, the City shall provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not less than 30 calendar days from the date the City receives the request.
c. To facilitate the inspection, the City shall (1) maintain a copy of each employee's personnel records for a period of not less than three years after termination of employment, (2) make a current employee's personnel records available for inspection, and if requested by the employee or representative, provide a copy at the place where the employee reports to work, or at another location agreeable to the employer and the requester. If the employee is required to inspect or receive a copy at a location other than the place where he or she reports to work, no loss of compensation to the employee is permitted, (3) make a former employee's personnel records available for inspection, and if requested by the employee or representative, provide a copy at the location where the employer stores the records, unless the parties mutually agree in writing to a different location. The City is not required to make those personnel records or a copy available at a time when the employee is actually required to render service to the employer, if the requester is the employee.
d. The City shall take reasonable steps to verify the identity of a current or former employee or an authorized representative. Prior to making records available for inspection or providing a copy of those records, the City may redact the name, or any other personally identifying information of any other employee contained in the subject employee’s personnel files. e. The right to inspect personnel files and records does not apply to records relating to the investigation of a possible criminal offense, letters of reference, or ratings, reports, or records that (a) were obtained prior to the employee’s employment, 1295
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28 f. were prepared by identifiable examination committee members, or (c) were obtained in connection with a promotional exam.
g. The City shall permit current and former employees to inspect or copy payroll records pertaining to that current or former employee.
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29 CHAPTER 2 – CLASSIFICATION AND COMPENSATION
SECTION 2.1 EMPLOYEE CLASSIFICATIONS/AUTHORIZED POSITIONS Authorized full-time and part-time positions, with classification titles and pay ranges specified, shall be established from time to time upon adoption of a resolution by the City Council. The job descriptions for such positions shall be approved by the City Manager or his or her designee and revised as deemed necessary or desirable. Unless otherwise stated, the following definitions shall apply for purposes of Authorized Positions under this Manual:
a. Regular Full-time Employee: A full-time non-management employee who is appointed to a position for a six-month or longer term, who has successfully completed his or her probationary period in their position in the classified service and is occupying a classified position established on a continuing basis, and is employed to work at least 2080 hours per year on a regular schedule, and is eligible for the City’s retirement program and full benefits. Such positions are designated as “general” on the City’s adopted Salary Schedule. b. Regular Part-time Employee: A part-time non-management employee who is appointed to a position for a six-month or longer term, who has successfully completed his or her probationary period in their position in the classified service and is occupying a classified position established on a continuing basis, and is employed to work a minimum of 30 hours per week, and less than 2080 hours per year, and is eligible for the City’s retirement program and half the benefits of a regular full-time employee. Such positions are designated as “general” on the City’s adopted Salary Schedule.
c. Temporary Part-time Employee: A part-time non-management employee who is employed to work 29 hours per week or less. Such positions are designated as “part-time” on the City’s adopted Salary Schedule. Employees hired in this category are excluded from receiving benefits, except as otherwise expressly provided under this Manual or as required by law, and serve at the will of the City Manager. Those temporary part-time employees who are assigned such hours that result in an accumulation of 1,000 hours within the fiscal year, shall become eligible for participation in the City’s retirement program. . Paid Interns shall be included in this category, as well as temporary or seasonal employees.
d. Probationary Employee: Every new employee in a regular full-time or part-time position shall serve a probationary period of twelve (12) months, exclusive of time off for leaves of absence as hereinafter permitted. The probationary employee will be evaluated periodically during the probationary period and is subject to dismissal, with or without cause, at the discretion of the City Manager. The termination can be exercised at any time during the probationary period.

Probationary employees are also deemed “Disaster Service Workers” per Section 2.1.i. below. e. Exempt Employee: An employee who is exempt from the overtime provisions under applicable law.
f. Non-Exempt Employee: An employee who is covered by the overtime provisions under applicable law.
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30 g. “At-Will” Employee: A full-time management employee who is not included in the classified service. Such positions are designated as “management” on the City’s adopted Salary Schedule. Employees who are hired pursuant to Federal/State/County/Regional agency funding assisted programs are at-will employees and subject to termination when program funding terminates. An “at-will” employee may be dismissed by the City Manager at any time with or without reason and without prior notice or right of appeal. While many sections of this Manual apply to “at-will” employees, others shall not, and inclusion of those sections does not change the status of “at-will” employees. Nothing in this Manual or in any document or statement shall limit the right to terminate an “at-will” employee without prior notice, without any reason, and without a right to appeal the termination decision.
h. Volunteer/Unpaid Interns: An individual who accepts an unpaid position with the City to perform specific tasks. A volunteer or unpaid intern is not an employee, and can be released at any time and for any reason without the right of appeal. i. Disaster Service Workers: The protection of the health and safety, and preservation of lives and property of the citizens of the City of Eastvale from the effects of natural, manmade, or war-caused emergencies which result in conditions of disaster or in extreme peril to life, property and resources is of paramount City importance requiring the responsible efforts of public and private agencies and individual citizens. In furtherance of the exercise of the power of the City in protection of its citizens and resources, ALL City employees are hereby declared to be Disaster Service Workers subject to such disaster service activities as may be assigned to them by their superiors or by law.

SECTION 2.2 WORKWEEK AND SCHEDULES

Each employee’s scheduled hours of work will be determined based on staffing requirements to meet the needs of the City and our business objectives. Therefore, the City reserves the right to schedule employees to work an earlier or later schedule. d. Variations in work schedules may be approved by the City Manager, however, must be requested and approved in writing prior to the employee making any changes to their schedule. Such requests will be evaluated as to their impact on the needs of the City, and to ensure appropriate and adequate staff coverage, in considering the request for a modified schedule.
e. The City reserves the right to change an employee’s work schedule to meet the needs of the City.
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31 2.2.2 Full-time Exempt (Salaried) Employees Work Schedule Exempt (salaried) employees are generally expected to maintain the same work schedule and office hours as non-exempt employees unless pre-authorized by the employees’ pertinent Department Head. The City will consider the need for exempt employees to have some flexibility in the work schedule, to the extent that exempt employees demonstrate that they are meeting the requirements of their position (including any supervisory obligations), and that a minimum of forty (40) hours per week is achieved, which shall include use of approved leaves from time banks (e.g. sick leave, vacation leave, etc.). Variances in the employee’s regular schedule must be discussed and approved in advance by the pertinent Department Head. In all cases, the business needs of the City and its residents must be a top priority. Any perceived abuse of the City’s flexibility, and/or failure of the exempt employee to fully perform their job duties or to fulfill the required forty (40) hours will result in the loss of privilege for flexibility. Exempt employees shall not receive less than forty (40) hours per week compensation as salaried employees, except as permitted by law. Such instances should be discussed with the Human Resources and Risk Management Director for appropriate review and handling.

Exempt employees shall work extra hours as needed to perform their duties, to attend special events, and/or to attend meetings after hours as required by the pertinent Department Head.

Exempt employees receive management leave in recognition of the extra hours they are expected to work.

2.2.5 Make-up Time for Non-Exempt (Hourly) Employees
a. Make-up time is available for all regular full-time, regular part-time, and temporary part-time employees who are paid on an hourly basis (non-exempt, as defined under section 2.1(f) above).
b. The City does not require employees to work make up time. Make-up time allows a non-exempt employee to voluntarily request time off for a personal obligation and to make up the time on another day in the same workweek.
c. Notwithstanding the foregoing, non-exempt employees will be paid overtime when more than forty (40) hours are worked in a workweek. Sick leave, vacation leave, holidays, management leave, or other leaves are not hours worked and shall not be counted towards the calculation of overtime.
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32 d. Requests must be submitted in writing to the employee’s immediate supervisor.

SECTION 2.3 PAYROLL PROCESSING

2.3.3 Time Sheets
a. All Non-Exempt Employees:
(i) All-time records, including time sheets, represent legal documents that are used to accurately record working time and to compensate employees properly. All non-exempt employees shall record accurately all exact time worked. (ii) To ensure the accuracy of all-time records, non-exempt employees will input their own time into the electronic timesheet system and acknowledge that they recorded all 1300
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33 hours worked accurately, received all rest and meal periods as required under this Manual, and reported any injuries or on the job illnesses to their supervisor. (iii) Non-exempt employees must ensure that the time sheets are submitted on the day and prior to the cut-off time designated by the City. (iv) 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 and Risk Management in the case of an emergency or absence. Where so authorized, employees may instead provide their time sheet information via written/email communication. b. Exempt Employees: All exempt (salaried) employees must complete time sheets in order to record regular time worked and exception hours (e.g. sick leave, vacation, etc.). c. Supervisors:
(i) Supervisors shall review and address potential issues in time entries.

2.3.5 Issuance of Paychecks
After all entries have been verified and applicable corrections made, payroll checks are processed.

The paychecks are scanned and kept in a secure location until payday. The Human Resources and Risk Management distributes pay stubs to all employees on pay day. 1301
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34 2.3.6 Final Payment upon Separation of Employment
Human Resources and Risk Management prepares and processes the final paycheck including payoff for unused accrued vacation and any other vested leave with a provision for cash payout at termination under this Manual. After receipt of the approved Personnel Action Form and approved time sheet, the City Manager reviews the calculations and proof list before providing approval for issuing an employee’s final paycheck.

SECTION 2.5 OVERTIME COMPENSATION/COMPENSATORY TIME OFF Non-exempt (hourly) employees who work more than forty (40) hours in a workweek shall be compensated at the rate of one and one-half (1.5) times the employee’s regular rate of pay, either as paid time at one and one-half (1.5) times the regular rate of pay or as compensatory time off accrued at the rate of one and one-half (1.5) times the regular rate of pay for all hours worked in excess of forty (40) in any workweek. For the purposes of this policy, holidays, sick leave usage, 1302
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35 vacation leave usage, and other pre- scheduled time off shall not be considered work time, towards the calculation of overtime.

Eligible regular full-time employees may receive an additional $150.00 per month for bi-lingual services, and eligible regular part-time employees may receive an additional $75.00 per month.

The City Manager will be the final authority to determine which positions are eligible to receive bi- lingual pay, to assign and approve bi-lingual pay, and to remove bi-lingual pay from employees based on business necessity. Each Department Head will be able to provide recommendations to the City Manager regarding the languages needed and the total number of staff to provide services to the public. Employees being considered for bi-lingual services shall be required to 1303
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36 pass a bi-lingual proficiency test for both speaking and writing skills. Human Resources and Risk Management will arrange for the testing, as required. Employees who pass the tests, and are considered certified, shall receive their bi-lingual pay effective the pay period following certification.

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 this Manual. 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 1304
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37 entitled to performance increases in the position which the employee holds in an acting capacity.

Response calls may require the employee to report back to work.

Eastvale City CouncilDecember 11, 2024

Eastvale City Council
December 11, 2024