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.
1305
City of Eastvale Personnel
Policies and Procedures
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. 1306
City of Eastvale Personnel
Policies and Procedures
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.
1307
City of Eastvale Personnel
Policies and Procedures
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.
1308
City of Eastvale Personnel
Policies and Procedures
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.
1309
City of Eastvale Personnel
Policies and Procedures
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. 1310
City of Eastvale Personnel
Policies and Procedures
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. 1311
City of Eastvale Personnel
Policies and Procedures
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.
1312
City of Eastvale Personnel
Policies and Procedures
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
1313
City of Eastvale Personnel
Policies and Procedures
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. 1314
City of Eastvale Personnel
Policies and Procedures
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. 1315
City of Eastvale Personnel
Policies and Procedures
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.
1316
City of Eastvale Personnel
Policies and Procedures
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.
1317
City of Eastvale Personnel
Policies and Procedures
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.
1318
City of Eastvale Personnel
Policies and Procedures
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:
1319
City of Eastvale Personnel
Policies and Procedures
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 1320
City of Eastvale Personnel
Policies and Procedures
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. 1321
City of Eastvale Personnel
Policies and Procedures
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 1322
City of Eastvale Personnel
Policies and Procedures
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 1323
City of Eastvale Personnel
Policies and Procedures
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.
1324
City of Eastvale Personnel
Policies and Procedures
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.
1325
City of Eastvale Personnel
Policies and Procedures
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 1326
City of Eastvale Personnel
Policies and Procedures
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. 1327
City of Eastvale Personnel
Policies and Procedures
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. 1328
City of Eastvale Personnel
Policies and Procedures
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. 1329
City of Eastvale Personnel
Policies and Procedures
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.
1330
City of Eastvale Personnel
Policies and Procedures
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.
1331
City of Eastvale Personnel
Policies and Procedures
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.
1332
City of Eastvale Personnel
Policies and Procedures
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.
1333
City of Eastvale Personnel
Policies and Procedures
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 1334
City of Eastvale Personnel
Policies and Procedures
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.
1335
City of Eastvale Personnel
Policies and Procedures
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 1336
City of Eastvale Personnel
Policies and Procedures
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.
1337
City of Eastvale Personnel
Policies and Procedures
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. 1338
City of Eastvale Personnel
Policies and Procedures
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. 1339
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. 1340
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.
1341
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 1342
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.
1343
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
1344
Human Resources & Risk Manager
Principal Engineer
Building Official
Principal Engineer
City Planner
1345
4890-9431-0750 v12
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
1346
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 1347
4882-9400-0030 v4 Page 2 of 9
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. 1348
4882-9400-0030 v4 Page 3 of 9
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 1349
4882-9400-0030 v4 Page 4 of 9
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;
1350
4882-9400-0030 v4 Page 5 of 9
(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:
1351
4882-9400-0030 v4 Page 6 of 9
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 1352
4882-9400-0030 v4 Page 7 of 9
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. 1353
4882-9400-0030 v4 Page 8 of 9
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.
1354
4882-9400-0030 v4
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
1355
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 12.16
December 11, 2024
Award of Contract for Professional Services Agreement for Community Services Event (Miracle at Citrus)
Prepared By:
Enswins Cordero, Asst. Director of Community Services & Recreation Recommended Action(s)
Staff recommends that the City Council approve the Professional Services Agreement in the amount of $73,591.00 with Bringing Home Christmas for professional snow, ligh*ng, and decora*on services; and authorize the City Manager to execute the Agreement.
Summary
The Community Services Division is responsible for the planning and implementa*on of all City community events. The City needs professional and technical services to advance the goals and policies of the City Council that are outlined in the City’s Strategic Plan. The plans for the Miracle at Riverview Holiday event (2-day event) includes offering mul*ple snow play and snow slide areas, snow cannons, and holiday ligh*ng, props, and decora*ons. Staff is recommending that the City Council approve the professional services agreement with Bringing Home Christmas in the amount of $73,591. for professional snow, lighting, and decoration services.
Because the total amount of purchase orders exceeds $50,000, City staff is reques*ng approval from City Council for aforementioned services, which is budgeted for in FY 24-25.
Background
The Miracle at Citrus Holiday Event is an annual two-day community event hos*ng thousands of guests, over 30 food-retail-info vendors, and which provides unique seasonal event ameni*es for families to enjoy. This purchase order is for the execu*on of services to provide mul*ple snow play/slide areas, snow cannons and decorations for Miracle at Riverview event operations. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
1356
Environmental
Approval of the agreements is not a project subject to review under the California Environmental Quality Act.
Strategic Plan Action - Priority Level: 3
| Target #: D
| Goal #: A
Collaborate to provide cultural, diverse events and celebrations (including cuisine).
Fiscal Impact
Total fiscal impact for this item is $73,591. This agreement is budgeted in the fiscal year 2024-25 Community Services account (100-720-6415-50003-0000).
Prior City Council/Commission Action
On June 12, 2024, City Council approved and adopted a budget resolu*on amending the 2024-25 Fiscal Budget by $671,900 for the con*nued development and implementa*on of community events and celebrations.
Attachment(s)
Attachment 1 - PSA-Bringing Home Christmas 2024
Attachment 2 - City of Eastvale Proposal 2024
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
1357
- 1 -
AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF EASTVALE, CALIFORNIA
AND
BRINGING HOME CHRISTMAS
This Agreement for Services (“Agreement”) is entered into as of this day of , 20 by and between the City of Eastvale, a municipal corporation (“City”) and Bringing Home Christmas (“Con tractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought , by obtaining informal quotes and direct negotiations the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Contractor, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for one year commencing on the date first ascribed above.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services . Contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Contractor shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Contractor to continue performing the Services. 1358
- 2 -
SECTION 3. ADDITIONAL SERVICES.
Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed seventy-three thousand five hundred and ninety-one dollars ($73,591.00), unless additional compensation is approved in wr iting in accordance with Section 26 “Administration and Implementation” or S ection 28 “Amendment” of this Agreement.
(b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this Agreement shall
not be deemed to waive any defects in work performed by Contractor.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to 1359
- 3 -
have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by Contractor, not City.
SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4
1360
- 4 -
exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’ s addres s indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.
Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s personnel are in any manner officials, officers, or employees of City. (c) Neither Contractor, nor any of Contractor’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contract or, its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.
SECTION 9. STANDARD OF PERFORMANCE.
Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a 1361
- 5 -
thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Contractor shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use 1362
- 6 -
of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform non- related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Contractor’s conduct.
1363
- 7 -
Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contract or agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, inc luding attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
(c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain 1364
- 8 -
such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) City’s Negligence . The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of th e City.
Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. 1365
- 9 -
(b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City.
Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
1366
- 10 -
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Eastvale
Attn: Mark Orme
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
To Contractor: Bringing Home Christmas
Attn: Dan Borgstrom
2173 Clancy Court
Simi Valley, CA 93065
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Eastvale Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have 1367
- 11 -
the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Eastvale Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). 1368
- 12 -
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF EASTVALE
Mark Orme
City Manager
ATTEST:
Marc Donohue
City Clerk
APPROVED AS TO FORM
Erica Vega
City Attorney
By:
Name:
Its:
NOTE: CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
Dan Borgrstrom
Bringing Home Christmas
Owner
1369
- 13 -
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
CORPORATIONS AND LLCS MUST SUBMIT DOCUMENTATION SHOWING THAT
THE INDIVIDUAL SIGNING ON ITS BEHALF HAS THE AUTHORITY TO EXECUTE THIS CONTRACT.
1370
EXHIBIT "A"
SCOPE OF SERVICES
S
ee Attachment “B”
1371
EXHIBIT "B"
COMPENSATION
S
ee Attachment “B”
1372
B-1
1373
C-1
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
Contractor shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City.
(3) Workers’ Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement.
(4) Professional Liability . Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional three (3) year period, Contractor shall annually and upon request of th e City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
(1) Commercial General Liability. $1,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of 1374
C-2
not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.
(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence. (4) Professional Liability. $1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
2. Commercial General Liability and Automobile Liability Coverages. (1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. (2
) Contractor’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Contractor’s insurance. (3
) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4
) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation 1375
C-3
against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.
C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. C
ontractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.
2. A
ny deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
1376
Thank you for continued support!
Designer: Direct Contact: E-Mail:
Dan Borgstrom 805-404-0801 [email protected] 11 / 27 / 2024
Name: City of Eastvale Phone: 951-361-0900
Address: 13200 Citrus Street City: Eastvale
Zip Code: 92880 E-Mail: [email protected]
Contact: Community Services Dept. Asst Phone:
Name Price QTY Subtotal
Complete Snowfall Package -
Provide commercial grade snowfall
machines at varying strategic locations
throughout event. Includes installation,
on-site tech staff and operations team for
the duration of each night.
$19,272.00 1 $19,272.00
Fresh Blown Snow - Includes 100
total tons (70 tons on initial install with 30
ton refresh on day two). Includes
additional haybales used to create
slides.
$31,772.00 1 $31,772.00
1377
Thank you for continued support!
Holiday Decor, Props, Christmas
Trees & Festive Lighting - Bringing
Home Christmas to decorate entrance,
strategic common areas and train ride,
using clear and multi-color lighting, up-
lighting, props throughout, and lit
Christmas trees.
$22,547.00 1 $22,547.00
Complimentary Premium Light Upgrade -
No Charge Per Dan B.
$0.00 1 $0.00
Includes: All Materials, Installation, Digital Timer System, Complete Season Service, Unsolicited Maintenance Checks & Timely Removal
- Fully Licensed and Insured.
- Great Pride in Craftsmanship & Customer Service
- Quality you can trust!
Subtotal $73,591.00
Total $73,591.00
Installation to begin on Wednesday, December 11th (4:00 p.m.) Snow refresh to begin on Sunday, December 15th (7:00 a.m.) 1378
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 12.17
December 11, 2024
Approval of Payment for the Annual Permit Fees to State Water Resources Control Board for Fiscal Year 2024/2025
Prepared By:
Brian Sandona, Principal Engineer
Recommended Action(s)
Staff recommends that the City Council approve payment to State Water Resources Control Board for Fiscal Year 2024/2025 Annual Permit.
Summary
The State Water Quality Control Boards (Water Board) adopted the Na,onal Pollutant Discharge Elimina,on on System (NPDES) Municipal Separate Storm Sewer System (MS4) permits to regulate storm water for municipali,es. The MS4 permits require the discharger to develop and implement a Storm Water Management Plan/Program with the goal of reducing the discharge of pollutants to the maximum extent prac,cable. The annual permit fee amount is based on popula,on. The City of Eastvale's permit fee for fiscal year 2024/2024 is $27,293.00.
Background
The City of Eastvale, along with other ci,es, partner with Riverside County Flood Control and Water Conserva,on District (RCFC) to jointly submit NPDES applica,on for re-issuance of MS4 permit. The MS4 permit contains limits on what can be discharged, monitoring and repor,ng requirements, and other provisions to ensure that the discharge does not hurt water quality or people's health. The permit translates general requirements of the Clean Water Act (CWA) into specific provisions tailored to the opera,ons of discharging pollutants. Without the city's ability to issue MS4 permits, development applicants would be required to obtain their MS4 permits directly from the County of Riverside.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
1379
Analysis
Payment of the invoice will ensure the City is current on it's obliga,on to the State Water Resources Control Board.
Environmental
The issuance of an NPDES permit is exempt from the provisions of California Environmental Quality Act (CEQA), Chapter 3 of Division 13 of the Public Resources Code, in accordance with CWA Sec,on 13389. The payment of the fee by the City is a fiscal ac,vity and is not a project for the purposes of CEQA.
Strategic Plan Action - Priority Level: N/A
| Target #: E
| Goal #: C
Plan for landscape, roads, and street maintenance.
Fiscal Impact
The total fiscal impact is $27,293.00. There is sufficient budget in the General Fund - Payments to Other Agencies (100-500-6480) to pay for the above recommended annual permit.
Prior City Council/Commission Action
There is no prior City Council/Commission Action.
Attachment(s)
Attachment 1 - Waterboard Annual Permit Invoice.pdf
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
1380
1381
1382
AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 14.1
December 11, 2024
Formation of Eastvale Parking Authority
Prepared By:
Amanda Wells, Finance Director/City Treasurer
Recommended Action(s)
Staff recommends that the City Council Adopt and Approve a Resolu on Declaring Need for,
Appoin
ng City Council as Members of, and Designa
ng Interim Chair of the Parking Authority in the
form attached hereto as Attachment 1.
Summary
The City intends to issue bonds in 2025 to finance certain costs of constructing a new City Hall, Police Station, Library; and additional parks and open spaces (collectively, the “Project”).
A5er consulta
on with Stradling Yocca Carlson & Rauth LLP, the City’s bond counsel (“Stradling”), and Urban Futures, Inc., the City’s municipal advisor (“Urban Futures”), staff believes that bonds issued through a joint exercise of powers authority are likely to provide the City with the lowest costs of borrowing.
Background
Each joint exercise of powers authority must be comprised of two or more public agencies. A5er consulta
on with Stradling and Urban Futures, staff recommends that the City create a parking authority to be called the Eastvale Parking Authority (the “Parking Authority”) under Streets & Highways Code Sec
on 32500 et seq. (the “Parking Law”) to serve as a partner agency with the City to form a new joint exercise of powers authority to be called the Eastvale Public Financing Authority.
Sec
ons 32650-32651 of the Parking Law provide that there is within each city a parking authority and that the city council may ac
vate the parking authority by resolu
on in which the city council 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
1383
finds that there is a need for the parking authority to function.
If created, the Parking Authority will be a dis
nct legal en
ty from the City (comparable to housing
authori
es or redevelopment agencies, prior to their dissolu
on) with a separate governing board.
The City Council may serve as the board of directors of the Parking Authority.
Although the Parking Authority will be vested with the power to carry out various projects and ac
vi
es under the Parking Law (including powers to acquire and dispose of property and to develop and manage public parking facili
es), it has no obliga
on to ini
ate such projects or
activities.
Unlike the former redevelopment agencies, there is no designated funding source for parking authori
es. The Parking Law permits the Parking Authority to receive, control and order the expenditure of money pertaining to parking facili
es or related proper
es, including but not limited
to: (i) any revenue derived from opera
ons of the Parking Authority (no opera
ons are currently
contemplated); (ii) all money appropriated or made available by the City; (iii) the proceeds of all financial aid or assistance by the City, the State, or the Federal Government; (iv) the proceeds of assessments levied pursuant to the Parking Law (no assessments are currently contemplated); and (v) the proceeds of general obligation, revenue or other bonds issued by the City for parking facilities (no such bonds are contemplated).
If created, the City may elect not to pursue any ac
vi
es or funding sources, or only to pursue those
Federal and State funding sources that meet the City’s goals and objec ves and, thereby, to avoid
any program requirements that may be inconsistent with such goals.
The Parking Authority’s obliga
ons in the absence of carrying out projects or ac
vi
es are limited to
the following maFers: (i) on an annual basis, to file with the City Council “a detailed report of all its transac
ons, including a statement of all revenues and expenditures” (Sec on 32663 of the Parking
Law); and (ii) at least once annually, to “submit a statement of all its financial affairs, audited by independent cer
fied public accountants, to the legisla
ve body of the city” (Sec
on 32664 of the
Parking Law).
Because it is not currently contemplated that the Parking Authority will undertake any ac vi
es or
projects, opera
ng expenses are an
cipated to be nominal and staffing for the Parking Authority would be provided from exis
ng resources of City staff. To the extent that it is deemed necessary in the future, a coopera
on agreement between the City and the Parking Authority could be prepared to pay for City staff and facilities used by the Parking Authority.
Environmental
The forma
on of the Parking Authority is not a “Project” under the California Environmental Quality Act (CEQA) as this action will not cause any significant impact on the environment.
Strategic Plan Action - Priority Level: 1
| Target #: C
| Goal #: A
Conduct financial planning for newly proposed infrastructure Construct a Police Substation building
Forming a Parking Authority and related Joint Powers Authority is directly related to the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
1384
development of the city's Civic Center project, as the project will require lease-revenue bond financing. This type of financing can only be acquired through a Joint Powers Authority.
Fiscal Impact
There is no significant impact to the City’s general fund associated with the proposed forma on of
the Parking Authority. Opera
ng expenses are an
cipated to be nominal and staffing for the
Parking Authority would be provided from existing resources of City staff.
Prior City Council/Commission Action
City staff has been working diligently to prepare for the Civic Center project. Over 20 staff reports for City Council considera
on have been presented since the incep
on of the project, da
ng back to
July 28, 2021 when the first contract was awarded to Griffin Structures for construc on
management services. Staff reports have included ac
on on awarding design and engineering
services, financial services and legal agreements, and a myriad of updates on the projects including design and schedules. Forma
on of a Parking Authority is the first substan
al item on the path
towards issuing lease revenue bonds and this staff report represents the first request of City Council to approve the formation of a Parking Authority.
Attachment(s)
Attachment 1 - Resolution: Declaring Parking Authority Need
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
1385
1 4888-3576-0360v5/201004-0003
RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE DECLARING
THAT THERE IS A NEED FOR A PARKING AUTHORITY TO FUNCTION IN THE CITY,
DECLARING THAT THE CITY COUNCIL SHALL BE THE MEMBERS OF THE PARKING
AUTHORITY AND DESIGNATING AN INTERIM CHAIR OF THE PARKING
AUTHORITY
WHEREAS, the Parking Law of 1949 is codified in California Streets & Highways Code Sections 32500, et seq. (“Law”); and
WHEREAS, section 32650 of the Law provides that in every city, including the City of Eastvale (the “City”), there is a public body corporate and politic known as the parking authority of the city (the “Parking Authority”); and
WHEREAS, section 32651 of the Law additionally provides that the Parking Authority shall not transact business or exercise its power unless the City Council, as the legislative body of the City, declares by Resolution that there is a need for a Parking Authority to function in the City; and
WHEREAS, section 32661.1 of the Law provides that the City Council may declare by Resolution that the members of the City Council shall be the members of the Parking Authority; and
WHEREAS, section 32658 of the Law provides that the Mayor of the City shall designate an interim chairperson of the Parking Authority from among the members of the Parking Authority, and that thereafter the Parking Authority shall select its successor from among its members.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The City Council finds that there is a need for a Parking Authority to function in the City, and the Parking Authority is permitted to transact any business and exercise any power authorized by the provisions of the Law within all areas of the City. The Parking Authority of the City shall be called the “Eastvale Parking Authority.” SECTION 3. Pursuant to Section 32661.1 of the Law, the City Council finds that the appointment of the members of the City Council as the members of the Parking Authority will serve the public interest and promote the public safety and welfare in an effective manner and, therefore, the members of the City Council are hereby declared to be the members of the Parking Authority. All of the rights, powers, duties, privileges and immunities under the Law and in such a Parking Authority shall be vested in such members, except as otherwise provided by the Law.
1386
2 4888-3576-0360v5/201004-0003
SECTION 4. The Mayor of the City shall serve as the interim Chair of the Parking Authority until a permanent Chair is selected.
SECTION 5. Pursuant to Sections 32663 and 32664 of the Law, the Parking Authority shall file or cause to be filed with the City Council each year: (i) a detailed report of all of its transactions, including a statement of all revenues and expenditures; and (ii) a statement of all of its financial affairs, audited by independent certified public accountants.
SECTION 6. This Resolution shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 11th day of December, 2024.
Mayor
APPROVED AS TO FORM:
Erica Vega
City Attorney
ATTEST:
Marc A. Donohue, MMC
City Clerk/Communications Director
1387
3 4888-3576-0360v5/201004-0003
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, do hereby certify that the foregoing City Council Resolution No. 24-XX, 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:
ABSTAINED:
Marc A. Donohue, MMC
City Clerk/Communications Director
1388
AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 14.2
December 11, 2024
Tree Policy
Prepared By:
Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staff recommends that the City Council hear a presenta on on the City's policies with respect to tree planting in the public right of way and provide feedback.
Summary
Presenta on to City Council regarding current tree plan ng policy in the public right of way/ street frontage landscaping area.
Background
Staff is seeking feedback regarding street frontage trees.
Environmental
Not applicable
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable
Fiscal Impact
Not applicable unless Council votes to request policy modifica on to something above and beyond current policy.
Prior City Council/Commission Action
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
1389
Not applicable
Attachment(s)
Not Applicable.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
1390
AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 14.3
December 11, 2024
2024 Independent ZIP Code Advocacy Updates
Prepared By:
Alexander Fung, Economic Development Manager
Recommended Action(s)
Staff recommends that the City Council receive and file updates regarding Eastvale’s Independent Zoning Improvement Plan (ZIP) Code Advocacy Efforts.
Summary
In the 1960s, the United States Postal Service (USPS) created Zoning Improvement Plan (ZIP) Codes to improve the efficiency of mail delivery and sor-ng efforts. Despite that ZIP codes were originally created solely to enhance USPS’ opera-ons, researchers and data analysts began using ZIP codes to group and present data over the years.
Currently, the City shares ZIP Codes 91752 and 92880 with neighboring ci-es. The City’s lack of an independent ZIP code has caused various issues for the Eastvale community, which con-nues to impact residents, businesses, and stakeholders. This item summarizes the advocacy efforts that staff has undertaken to address the associated challenges over the past year.
Background
The City’s lack of an independent ZIP code has caused various challenges for the Eastvale community, including issues related to address mismatches, business a7rac-on, community iden-ty, elec-on confusion, emergency management, insurance premium rates, mail delivery, and sports league participation.
Based on informa-on shared by the U.S. Congressional Research Service, there are two ways for a municipality to request its ZIP code boundaries be changed: 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
1391
ZIP Code Boundary Change Method 1: ZIP Code Boundary Review Process Any municipality or community group seeking a ZIP code change can submit the request in wri-ng to the USPS. The USPS will evaluate the request based on cost, mail delivery impacts, and issues related to community iden-ty. If the request is granted, the USPS will arrange a mee-ng with the proponent group to discuss USPS’ proposed accommoda-on. Once an agreement is reached, the USPS will commission a formal survey of customers who would be affected by the proposed ZIP code change. If a simple majority of the impacted residents approve, the USPS will no-fy the affected customers of the official ZIP code change by mail, then provide the impacted residents with one year to transi-on their ZIP codes. In the event that a ZIP code boundary request is denied by the USPS, proponent groups have 45 days to submit appeals.
ZIP Code Boundary Change Method 2: Acts of Congress
Congress may introduce legisla-on that requires the USPS to create a single ZIP code for a specified community. The most recent example of a ZIP code created by statute occurred in 2006 as part of the Postal Accountability and Enhancement Act. This Act granted ZIP code changes to Bradbury, CA, Discovery Bay, CA, Auburn Township, OH, and Hanahan, SC.
2023 Advocacy Recap
Since 2022, the City has innova-vely and ac-vely explored various ways of partnering with the USPS and federal representa-ves to resolve outstanding issues and challenges. In 2023, the City partnered with Congressmembers Ken Calvert and Norma Torres to introduce H.R. 696 and H.R. 860, in addi-on to partnering with the City of Castle Pines in Colorado to launch the Na-onal ZIP Code Advocacy Coalition.
With the support from Senators Laphonza Butler and Alex Padilla and Congressmembers Ken Calvert and Norma Torres, the City successfully convinced the USPS to change ZIP Code 92880’s designa-on from “Corona” to “Eastvale.” The change was implemented on January 1, 2024, as displayed on the USPS website. While ZIP Code 92880’s municipal designa-on was changed and some of the City’s outstanding issues have been resolved, the City con-nues to experience challenges due to the lack of an independent ZIP code.
Analysis
Throughout 2024, staff has been strategically aligning resources and establishing partnerships to address postal issues that are experienced by local residents and businesses.
Business Outreach
While the USPS has officially changed ZIP Code 92880’s designa-on from “Corona” to “Eastvale,” many businesses, corpora-ons, wayfinding plaIorms, and external en--es con-nue to display addresses in the 92880 ZIP Code as “Corona.” Staff conducts periodic outreach efforts to inform and follow up with these entities to encourage proper listings.
Congressional Partnerships
Staff con-nues to connect with federal representa-ves on a quarterly basis to maintain a line of communica-on, share updates, obtain feedback, and strategize innova-ve solu-ons. Staffers from the Offices of Senators Laphonza Butler and Alex Padilla and the Offices of Congressmembers Ken Calvert and Norma Torres con-nue to recommend the City to strategically leverage partnerships 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
1392
with impacted ci-es to build awareness. Through these partnerships, federal representa-ves from impacted ci-es can connect with one another, introduce legisla-on, and garner addi-onal support at the federal level. Federal staffers have also been suppor-ng the City’s efforts to meet with the USPS to discuss solutions.
Legislation
The City is currently listed in three ZIP code bills in the current federal legisla-ve cycle. H.R. 696 was introduced by Congressmember Ken Calvert as a standalone legisla-on that would issue an independent ZIP code for Eastvale. H.R. 860 was introduced by Congressmember Mario Diaz-Balart (R-FL-26) as a collabora-ve legisla-on that would issue independent ZIP codes for seven communi-es across the na-on, including Eastvale. Addi-onally, H.R. 8753 was introduced by Congressmember Lauren Boebert (R-CO-3) as another collec-ve legisla-on that would issue independent ZIP codes for 31 communi-es across the na-on, including Eastvale. Through the support of the Na-onal ZIP Code Advocacy Coali-on, all three bills obtained support from various co-sponsors from different states.
National ZIP Code Advocacy Coalition
The City con-nues to organize and chair the Na-onal ZIP Code Advocacy Coali-on with the City of Castle Pines in Colorado. The Coali-on convenes every quarter and allows impacted ci-es to connect, share best prac-ces, and discuss partnership opportuni-es. Through the Coali-on, the City benefited from partnering with impacted ci-es to host a collec-ve lobbying trip to Washington, D.C., leverage resources to hire a collective lobbyist, and discover other innovative advocacy ideas.
Upcoming Activities
With the current federal legisla-ve cycle concluding on January 2, 2025, the City aims to partner with federal representa-ves and other impacted ci-es to introduce legisla-on in the new federal legisla-ve cycle that begins on January 3, 2025. Addi-onally, the City desires to explore different legisla-ve routes, such as a7aching ZIP code bills and languages to larger legisla-ve and spending packages, in the new cycle. Staff will also con-nue to support and expand the Na-onal ZIP Code Advocacy Coali-on, maintain and enhance rela-onships with federal representa-ves, and inform stakeholders regarding ZIP Code 92880’s municipal designation change.
Environmental
This item is not a project as defined by the California Environmental Quality Act (CEQA). As a result, no environmental review efforts are required.
Strategic Plan Action - Priority Level: 2
| Target #: B
| Goal #: C
This endeavor will support the City to develop branding and iden-ty for Eastvale by advoca-ng for the City to obtain an independent ZIP code.
Fiscal Impact
Marke-ng and outreach expenses for the City’s independent ZIP code advocacy efforts have been included in the Economic Development Division’s budget.
Prior City Council/Commission Action
The City Council received preliminary presenta-ons on the City’s independent ZIP code advocacy efforts on September 28, 2022, January 25, 2023, and May 17, 2023. As part of a compromise 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
1393
offered by the USPS, the City Council voted to approve USPS’ proposal to survey all ZIP Code 92880’s addressees in an a7empt to revise ZIP Code 92880’s official municipality name to “Eastvale” on June 28, 2023. With the City Council’s approval to proceed with USPS’ survey, the City Council voted to approve Professional Services Agreements with KHK Solu-ons and Mind & Mill to support USPS’ survey outreach efforts on October 25, 2023. Following the USPS’ decision to axe the survey and grant ZIP Code 92880’s official municipality name change to “Eastvale,” staff provided a detailed update regarding the City’s independent ZIP code advocacy efforts on December 13, 2023.
The Planning Commission also received presenta-ons on the City’s ZIP code advocacy efforts on September 20, 2023 and December 20, 2023. The Public Safety Commission received similar updates on September 26, 2023, November 28, 2023 and September 24, 2024.
Attachment(s)
Not Applicable.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
1394