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Program Specific Commitment Timeline Geographic
Targeting
2023 – 2031
Metric
Assistance in preparing applications for lower-income households and households with special needs, including seniors and those with disabilities.
As funding allows, reduce development fees for extremely-low income housing projects. Seek funding sources to assist with extremely-low income housing development. Additionally, the City will annually contact developers of special needs and lower income housing to assist in development where feasible by:
Assisting and supporting new applications.
Providing priority processing,
Evaluate fee deferrals or subsidies and design modifications.
Facilitating site acquisition.
Hosting an annual workshop, or comparable outreach, for developers to provide information on the City’s regulations regarding housing development, opportunities and sites available for development, and the City’s development incentives.
Program 7
Multifamily
Housing
Bonds
The San Bernardino County CDH Department operates a Multifamily Residential Rental Housing Revenue Bond program. This Program can be used for new construction, acquisition, and/or rehabilitation of multifamily housing developments. A specified number of units are required to remain affordable to eligible, low-income households for a specified number of years after the initial financing is provided.
Information on this Program will be provided on the City’s website, including links to the respective Programs and posted biennially in the local newspaper.
Continuously
throughout the
planning
period
Citywide Produce,
acquire,
and/or
rehabilitate at
least 10 units
of affordable
multi-family
housing
throughout
the planning
period
Place-based Improvements
Program 19
Place-Based
Improveme
nts
The City has multiple projects in its Capital Improvements Plan identified to improve mobility, and active transportation opportunities, and park quality in the northwestern part of the City. The City will continue to prioritize the Capital Improvement Program and implement broader planning efforts, including seeking additional funding. This will serve to continue to improve communities through neighborhood improvements such as enhanced streetscapes, multi-modal and active transportation, pedestrian safety improvements, safe routes to schools, community facilities, park improvements, and other community amenities.
Specific efforts include:
Street improvement and sidewalk repair
As planned in
CIP schedule
Northwester
n area of the
City
Improve lower
resource areas
of the City
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Grand Terrace General Plan Draft | May 2024
Program Specific Commitment Timeline Geographic
Targeting
2023 – 2031
Metric
Upzoning to allow increased housing choice and opportunities private investment.
Geographic targeting of assistance programs in northwestern areas of the City.
Program 18
Home
Improveme
nt
Neighborhood Housing Services of the Inland Empire (NHSIE) is a non-profit organization that operates a low-cost Homes N’ Hammer program designed to educate residents on minor home improvements and repairs. The four-hour workshop includes: functioning of the home’s major plumbing and electric systems, repair methods, replacing and maintaining drywall, replacing window screens, fixing garbage disposals, toilet mechanisms, health and safety issues and tips for hiring a professional contractor for home repairs, etc.
Neighborhood Partnership Housing Services, Inc. (NPHS) is a non-profit organization that operates a Healthy Homes Grant program. This program provides home safety repair grants to low-income senior homeowners and homeowners with permanent mobility disabilities.
Information on these programs will be provided on the City’s website, including web links to the NHSIE and NPHS websites, and posted biennially in the local newspaper.
Schedule one
workshop per
year
throughout the
planning
period; post
information
about these
organizations
biennially in
the local
newspaper
15% of
assistance to
households
in the
northwest
area
Maintenance
and
conservation
of at least 20
homes
Program 21
Homeless
Assistance
and
Coordinatio
n
The City will continue to participate in and provide staff support for the various homeless programs operated by the San Bernardino County Homeless Partnership, including participation in the Point-in-Time Homeless Survey.
Ongoing
throughout the
planning
period
Citywide Support
efforts to
reduce
homelessness
Displacement Prevention
Program 18
Home
Improveme
nt Technical
Assistance
The City provides technical drawing assistance to homeowners for simple improvements such as patio covers, retaining and block walls, and similar small projects; a home construction pamphlet, and information on hiring contractors.
Ongoing
throughout the
planning
period
15% of
assistance to
households
in the
northwest
area.
Maintain and
improve
housing stock.
Provide
assistance
and/or
information to
20 households
annually.
Program 19
Place-Based
Improveme
nts
The City has multiple projects in its Capital Improvements Plan identified to improve mobility, and active transportation opportunities, and park quality in the northwestern part of the City. The City will continue to prioritize the Capital Improvement Program and implement broader planning efforts, including seeking additional funding. This will serve to continue to improve communities through neighborhood improvements such as enhanced streetscapes, multi-modal and active transportation, pedestrian safety As planned in
CIP schedule
Northwester
n area of the
City
Improve lower
resource areas
of the City
Housing Element
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Grand Terrace General Plan Draft | May 2024
Program Specific Commitment Timeline Geographic
Targeting
2023 – 2031
Metric
improvements, safe routes to schools, community facilities, park improvements, and other community amenities.
Specific efforts include:
Street improvement and sidewalk repair
Upzoning to allow increased housing choice and opportunities private investment.
Geographic targeting of assistance programs in northwestern areas of the City.
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APPENDIX A: RHNA SITES INVENTORY MAP
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APPENDIX B: RHNA SITES INVENTORY
APN Address Zip Code Existing Use Acreage Zoning
(Current)
Zoning
(Proposed) General Plan Min. Density
Max.
Density
Existing
Units
Very
Low Low Moderate Above Moderate
Total
Units Infrastructure Publicly Owned
4th
Cycle
5th
Cycle
116728101 12667 MICHIGAN ST 92313 Small church 4.54 R1-7.2 R4 Low Density Residential 20 40 0 0 0 0 100 100 YES NO NO NO
116720103 Northeast of Pico St
and Sandburg Way 92324 Vacant 2.61 R1-7.2 R4 Low Density Residential 20 40 0 44 30 0 0 74 YES NO YES YES 116727102 Van Buren Street, east
of 12513 92324 Vacant 0.48 R1-7.2 R4 Low Density Residential 20 40 0 0 0 14 0 14 YES NO NO NO 116716115 Rene Lane west of
22023 92313 Vacant 0.32 R1-7.2 R4 Low Density Residential 20 40 0 0 0 10 0 10 YES NO NO NO 116716112 Rene Lane east of
22011 92313 Vacant 0.32 R1-7.2 R4 Low Density Residential 20 40 0 0 0 10 0 10 YES NO NO NO 116716131 22000 DE BERRY ST 92313 Single Family
Residential 0.64 R1-7.2 R4 Low Density Residential 20 40 1 10 7 17 YES NO YES YES 116724101 12201 MICHIGAN ST 92313 Single Family
Residential 1.08 R1-7.2 R4 Low Density Residential 20 40 1 0 0 30 0 30 YES NO NO NO 116717102 De Berry Street east of
22009 92324 Vacant 0.53 R1-7.2 R4 Low Density Residential 20 40 0 9 6 0 0 15 YES NO NO NO 027523171 0 LA CROSSE AVE 92324 Vacant 1.08 R2 R4 Medium Density Residential 20 40 0 19 12 0 0 31 YES NO NO NO
027641128 North of Barton Road
and Victoria Street
92324 Vacant 0.65 R1-10 R4 Low Density
Residential 20 40 0 11 8 0 0 19 YES NO NO NO
027641102 North of Barton Road
and Victoria Street
92324 Vacant 3.10 R1-10 R4 Low Density
Residential 20 40 0 37 25 0 0 62 YES NO YES YES
027641127 North of Barton Road
and Victoria Street
92324 Vacant 1.68 R1-10 R4 Low Density
Residential 20 40 0 20 14 0 0 34 YES NO YES YES
027620261 Palm Avenue, directly
east of 22756
92324 Vacant 0.52 BRSP-AP R4 Office Commercial 20 40 0 9 6 0 0 15 YES NO NO NO 027620247 Palm Avenue, directly
west of 22822 92324 Vacant 0.47 BRSP-AP R4 Office Commercial 20 40 0 0 0 14 0 14 YES NO NO NO 116718110 22040 VAN BUREN ST 92324 Single Family
Residential 0.23 CM R4 General Commercial 20 40 1 0 0 6 0 6 YES NO NO NO 116718111 12490 MICHIGAN AVE 92324 Commercial and
Services 0.36 CM R4 General Commercial 20 40 0 0 0 11 0 11 YES NO NO NO 116718108 12458 MICHIGAN ST 92324 Single Family
Residential 0.69 CM R4 General Commercial 20 40 1 11 8 0 0 19 YES NO NO NO 116718109 12466 MICHIGAN ST 92324 Single Family
Residential 0.76 CM R4 General Commercial 20 40 1 13 8 0 0 21 YES NO NO NO 027521136
Corner of Newport Ave
and Grand Terrace
Road
92324 Vacant 0.20 R2 R4 Medium Density
Residential 20 40 0 0 0 6 0 6 YES NO NO NO
027521109 22051 GRAND
TERRACE AVE 92392 Single Family Residential 3.93 R2 R4 Medium Density Residential 20 40 1 58 0 44 9 111 YES NO NO YES
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APPENDIX C: PUBLIC PARTICIPATION
SUMMARY
California law requires that local governments include public participation as part of the housing element. Specifically, Government Code section 65583(c)(7) states “that the local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.” Early in the Housing Element update process the City created a webpage where meeting notices, draft documents and other housing references were posted.
https://www.grandterrace-ca.gov/departments/planning_development_services In addition, a Housing Element Frequently Asked Questions was prepared and posted on the City website.
The Planning Commission conducted a public workshop on June 17, 2021 to provide the Commission and interested stakeholders an overview of the purpose and statutory requirements governing Housing Elements. Notices of the workshop were posted at City Hall, on the City website, in the Blue Mountain Outlook, which is delivered to all property owners in the City, and was also sent to the organizations listed below that represent the housing interests of lower-income households and persons with special needs.
After posting a draft Housing Element on October 15, 2021, public meetings were conducted by the Planning Commission on October 21 and the City Council on October 26, 2021. Notice of these meeting were also sent to organizations listed on the following page that have an interest in housing within the City.
Following review by the Planning Commission, City Council and interested stakeholders, the draft Housing Element was submitted to the California Department of Housing and Community Development (HCD) for review pursuant to State law.
HCD comments were received and a revised draft Housing Element was prepared addressing HCD comments. Duly noticed public hearings were held before the Planning Commission on October 21, 2021 and City Council on November 9, 2021 to consider HCD comments and the revised draft Housing Element. Notice of all meetings was sent to the list of interested parties shown below.
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Housing Element Stakeholder List
Corporation for Better Housing
15303 Ventura Boulevard, Suite 1100
Sherman Oaks, CA 91403
HDSI Management
3460 S. Broadway
Los Angeles, CA 90007
Jamboree Housing Corporation
17701 Cowan Ave. Suite 200
Irvine, CA 92614
Affirmed Housing Group
13520 Evening Creek Dr. North, Ste. 160
San Diego, CA 92128
The Olson Company
30200 Old Ranch Pkwy, #250
Seal Beach, CA 90740
So. Calif. Housing Development Corp.
8265 Aspen Street, Suite 100
Rancho Cucamonga, CA 91730
RC Hobbs Company
1110 E. Chapman Ave., Suite 206
Orange, CA 92866
LINC Housing Corporation
110 Pine Avenue, Suite 500
Long Beach, CA 90802
Palm Desert Development Company
P.O. Box 3958
Palm Desert, CA 92261
Riverside Housing Development Corp.
4250 Brockton Ave.
Riverside, CA 92501
Inland Fair Housing and Mediation Board
10681 Foothill Blvd, Suite 101,
Rancho Cucamonga, CA 91730
National CORE
9421 Haven Avenue
Rancho Cucamonga, CA 91730
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
County of San Bernardino
Land Use Services
385 N. Arrowhead Ave. First Floor
San Bernardino, CA 92415-0182
City of Rialto
150 S. Palm Ave.
Rialto, CA 92376
City of Riverside
Public Utilities Department
Water Engineering Division
3750 University Ave. 3rd FL
Riverside, CA 92501
City of San Bernardino
290 N. D Street
San Bernardino, CA 92401
City of Loma Linda
25541 Barton Rd.
Loma Linda, CA 92354
City of Colton
Development Services
659 N La Cadena Drive
Colton, CA 92324
Time for Change Foundation
PO Box 25040
San Bernardino, CA 92406
Riverside Highland Water
Don Hough, General Manager
12374 Michigan Street
Grand Terrace, CA 92313
San Bernardino County LAFCO
1170 W 3rd St #150
San Bernardino, CA 92415
San Bernardino County Housing Authority
715 E. Brier Drive
San Bernardino, CA 92408
Colton Water/Wastewater Division
106 S 10th Street
Colton, CA 92324
San Bernardino County Community
Development & Housing Dept
385 N. Arrowhead Ave., 3rd Floor
San Bernardino, CA 92415
Lighthouse Social Service Centers
Karyn Young-Lowe, MSW President
1003 E. Cooley Drive, Suite # 205
Colton, CA 92324
Aegis Builders
Darryl Moore
2331 W. Lincoln Avenue
Anaheim, CA 92801
Greens INV 15, LLC
Atman Kadakia, Managing Principal
8815 Research Drive
Irvine, CA 92618
Lewis Management Corp.
Adam Collier
1156 N. Mountain Avenue
Upland, CA 91786 Page 303 of 457
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AGENDA REPORT
MEETING DATE: October 8, 2024
TITLE: CPNA Update
PRESENTED BY: Shanita Tillman, Sr. Management Analyst
RECOMMENDATION: Adopt resolution titled 'Resolution of the City Council of the City of Grand Terrace, State of California, Adopting a Five-Year Measure I Capital Project Needs Analysis for Fiscal Years 2026-2030.'
2030 VISION STATEMENT:
This staff report supports Goal #2, 'Maintain Public Safety,' by outlining investments in improvements to public infrastructure that enhance safety and accessibility for the community.
BACKGROUND:
Measure I, approved by San Bernardino County voters in 1989 and extended in 2004 through 2040, authorizes the San Bernardino Associated Governments (SANBAG), as the San Bernardino County Transportation Authority (SBCTA), to impose a one-half of one cent retail sales and use tax.
Revenues are allocated for transportation improvements and traffic management, governed by the Measure I 2010-2040 Ordinance and Expenditure Plan. The County is divided into six subareas, with revenue collected in each subarea restricted to local use. The City of Grand Terrace is part of the Valley subarea and approved the Master Agreement with SBCTA in May 2010 to participate in Measure I. Annually, jurisdictions must adopt a Five-Year Capital Project Needs Analysis (CPNA) outlining project needs, funding sources, and phasing for the Valley Major Street and Freeway Interchange Programs.
DISCUSSION:
Both the Measure I Strategic Plan and Expenditure Plan require local jurisdictions seeking Valley Major Street - Arterial Program funding to annually adopt and update the Five-Year Capital Project Needs Analysis (CPNA). The proposed CPNA identifies one ongoing project, aimed at enhancing traffic capacity and operations within the City: extending Commerce Way from 900 feet north of De Berry Street to Main Street, expanding it from 0 to 4 lanes. Currently, the section near Main Street has been paved and is awaiting landscaping. Additionally, a reimbursement agreement for the Commerce Way extension is in place, and grading plans are under review with a consultant.
ENVIRONMENTAL IMPACT:
The extension of Commerce Way as outlined in the CPNA could lead to environmental impacts related to increased traffic, air pollution, and noise due to the expansion of the roadway and increased capacity. However, these impacts would likely be mitigated through compliance with local environmental regulations and traffic management strategies.
FISCAL IMPACT:
The City will allocate $1,000,000 from development impact fees over five years for Commerce Way's design and construction, with an additional request of $1,973,128.55 in Measure I funds, representing 40% of project costs. This is essential to secure Measure I - Arterial Program funds. The CPNA is subject to annual updates. If development impact fee revenue falls short, alternative funding, project delays, or scope adjustments may be necessary. Future CPNA revisions will be reported to SBCTA.
Nexus Project Cost $ 3,500,000
Dev. Loan? No
5-Year Advance? No
Public Share: 60.1%
Dev. Share: 39.90%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $137,509.00
Fund Type: MSI Arterial $ 137,509.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $173,189.00
Fund Type: MSI Arterial $ 109,614.00 $ - $ - $ - $ -
DEV FEE $ 63,575.00 $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $534,269.00
Fund Type: MSI Arterial $ 73,195.00 $ 260,000.00 $ - $ - $ - $ - DEV FEE $ 149,074.00 $ 52,000.00 $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $2,587,500.00
Fund Type: MSI Arterial $ 866,112.00 $ 616,500.00 $ - $ - $ - $ - DEV FEE $ 693,888.00 $ 411,000.00 $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
Capital Project Needs Analysis
City of Grand Terrace
Valley Arterial Sub-Program
Extend Commerce Way from 900'
n/o De Berry Street to Main Street
from 0 to 4 lanes.
Current Total Project Cost
Estimate:
$0.00
Total Measure I Request:
$2,062,930.00
(Summation of Measure I)
Comments:
2026-2030 CPNA Grand Terrace (2024).xlsx - Proj 1
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, STATE OF CALIFORNIA, ADOPTING THE MEASURE I FIVEYEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2025/2026 THROUGH 2029/2030.
WHEREAS, San Bernardino County votes approved Measure I in November 2004, authorizing the San Bernardino Associated Governments, acting as the San Bernardino County Transportation Authority, to impose a one-half percent retail transactions and use tax applicable to both incorporated and unincorporated territories of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Valley Major Street and Freeway Interchange Programs to annually adopt and update a Five-Year Capital Project Needs Analysis.
NOW, THEREFORE, THE CITY COUNCIL OF GRAND TERRACE DOES
RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
SECTION 1. That the City Council of the City of Grand Terrace, State of California, hereby adopts the Measure I Give-Year Capital Project Needs Analysis for Fiscal Years 2025/2026 through 2029/2030, attached to this resolution as Exhibit A.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California at a regular meeting held on the 8th day of October 2024. ___________________________
Bill Hussey
Mayor
ATTEST:
____________________________
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
____________________________
Adrian R. Guerra
City Attorney
AGENDA REPORT
MEETING DATE: October 8, 2024
TITLE: Amendment to the Personnel Rules & Regulations and the Statement of Benefits
PRESENTED BY: Michelle Fuentes, Sr. Management Analyst
RECOMMENDATION: Adopt a Resolution of the City Council of the City of Grand Terrace updating the Personnel Rules & Regulations and the Statement of Benefits.
Subject to final approval as to form by the City Attorney’s Office 2030 VISION STATEMENT:
Goal #1 Ensure Our Fiscal Viability.
BACKGROUND:
On August 10, 2000, the City Council adopted Resolution 2000-24 to update the City’s Personnel Rules & Regulations. The City’s Personnel Rules & Regulations have not been updated since then.
Amendments to the Personnel Rules occurred but often resulted in inconsistencies and a lack of cohesive documentation. The Memorandum of Understanding (MOU) between the City of Grand Terrace and Teamsters Local 1932 approved on April 23, 2024 included several amendments to the existing Personnel Rules & Regulations and the Statement of Benefits.
DISCUSSION:
Amending the Personnel Rules & Regulations and Statement of Benefits to align with the approved Memorandum of Understanding (MOU) between the City of Grand Terrace and Teamsters Local 1932 Union will provide a comprehensive and cohesive document. The proposed amendments include several items reflecting the changes described in the current MOU. • Sick Leave Buy Back policy allows employees to accrue up to 560 hours of sick leave. • Bereavement Leave has been increased from three days to five days in accordance with mandated Federal Labor Law.
• Cafeteria Plan has been raised from $600 to $1,000 per month. • Uniform Allowance provides $400 per fiscal year for uniformed employees and $150 Grand Terrace logo apparel for non-uniformed employees.
• Education Allowance offers employees up to $5,000 per fiscal year for higher education. • Certification Pay allows employees to receive $25 per certification, for certifications that benefit their department.
• Longevity Pay offers a 5% increase for employees who remain in the same position for 10, 15, and/or 20 years.
Resolution 2024-07 accepting and approving the Memorandum of Understanding (MOU) between the City of Grand Terrace and Teamsters Local 1932 for the period of May 1, 2024 through June 30,
2027, was approved at the City Council meeting on April 23, 2024. Amendments to the Personnel Rules & Regulations and the Statement of Benefits reflect the information in the MOU and provide consistency between Civic Policy and contractual agreed upon benefits in the MOU. The MOU improves employee satisfaction and retention, ensuring that the City remains competitive in its benefits offerings. These updates will provide a positive impact on our workforce and encourage continued service to the City of Grand Terrace.
ENVIRONMENTAL IMPACT:
No impact.
FISCAL IMPACT:
The costs associated with these changes are already included in the FY2024-25 Budget.
01247.0004/1019581.1 1 | P a g e
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE ADOPTING PERSONNEL RULES,
REGULATIONS AND POLICIES AND RESCINDING
RESOLUTION 2015-05.
WHEREAS, the City Council is authorized and directed under the provisions of Chapter 2.24 of the Grand Terrace Municipal Code to adopt provisions for compensation of personnel created in said Municipal Code Chapter; and, WHEREAS, the objectives of these rules are to facilitate efficient and economical services to the public and to provide for an equitable system of personnel management; and,
WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given to the City Manager in the interpretation and application of these rules so that they are applied equitably; and, WHEREAS, from time to time these rules must be revised due to changes in the best practices in personnel management, and federal and state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: Resolution No. 2015-05, which includes the City of Grand Terrace Personnel Rules and Regulations, is hereby rescinded
SECTION 2: The Personnel Rules and Regulations, attached hereto as Exhibit A, are hereby adopted.
SECTION 3: All City rules, policies or regulations that contradict any provision of the Personnel Rules and Regulations are hereby rescinded.
PASSED, APPROVED, AND ADOPTED this 8
th day of October, 2024.
Bill Hussey
Mayor
ATTEST:
Debra Thomas
City Clerk
01247.0004/1019581.1 2 | P a g e
APPROVED AS TO FORM:
________________________________
Adrian Guerra
City Attorney
01247.0004/1019581.1 3 | P a g e
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I Debra Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-___ was duly passed, approved and adopted by the Planning Commission, approved and signed by the Chairman, and attested by the City Clerk, at the regular meeting of said Planning Commission held on the 8th day of October 2024, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
Executed this 8
th day of October 2024, at Grand Terrace, California.
___________________________
Debra Thomas
City Clerk
01247.0004/1020594.1
CITY OF GRAND TERRACE
Personnel Rules and Regulations
Adopted by Resolution 2024 - __, October 8, 2024
01247.0004/1020594.1 i
TABLE OF CONTENTS
Page
SECTION 1. INTRODUCTION ...................................................................................................1
1.1 Purpose.....................................................................................................................1
1.2 Applicability of Rules..............................................................................................1
1.3 Equal Employment Opportunity..............................................................................1 SECTION 2. DEFINITIONS.........................................................................................................2
2.1 Active Service..........................................................................................................2
2.2 Advancement ...........................................................................................................2
2.3 Applicant..................................................................................................................2
2.4 Appointing Authority...............................................................................................2
2.5 Appointment ............................................................................................................2
2.6 At-Will Employee....................................................................................................2
2.7 Certification .............................................................................................................2
2.8 Class or Classification..............................................................................................2
2.9 Classification Plan ...................................................................................................2
2.10 Classified Service.....................................................................................................2
2.11 Compensation ..........................................................................................................2
2.12 Compensation Plan ..................................................................................................2
2.13 Compensatory Time Off (CTO)...............................................................................2
2.14 Continuous Service ..................................................................................................3
2.15 Deferred Compensation ...........................................................................................3
2.16 Department...............................................................................................................3
2.17 Department Head .....................................................................................................3
2.18 Direct Appointment .................................................................................................3
2.19 Domestic Partner......................................................................................................3
2.20 Eligibility List ..........................................................................................................3
2.21 Employee .................................................................................................................3
2.22 Exempt Employees ..................................................................................................3
2.23 Fringe Benefit(s)......................................................................................................3
2.24 Full-time Employee .................................................................................................3
2.25 Furlough...................................................................................................................3
2.26 Interim Appointment................................................................................................3
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2.27 Intermittent Service..................................................................................................3
2.28 Layoff.......................................................................................................................3
2.29 Leave........................................................................................................................3
2.30 Length of Service.....................................................................................................4
2.31 Non-exempt Employee ............................................................................................4
2.32 On-Call Employee ...................................................................................................4
2.33 Part-time Employee .................................................................................................4
2.34 Pay Rate ...................................................................................................................4
2.35 Personnel Officer .....................................................................................................4
2.36 Position ....................................................................................................................4
2.37 Probationary Employee............................................................................................4
2.38 Promotion.................................................................................................................4
2.39 Regular Rate of Pay .................................................................................................4
2.40 Regular Employee....................................................................................................4
2.41 Probationary Release ...............................................................................................4
2.42 Seasonal Employee ..................................................................................................4
2.43 Skelly Officer...........................................................................................................4
2.44 Spouse......................................................................................................................5
2.45 Suspension ...............................................................................................................5
2.46 Temporary Appointment..........................................................................................5
2.47 Termination..............................................................................................................5
2.48 Transfer....................................................................................................................5
2.49 Work Day...............................................................Error! Bookmark not defined.
SECTION 3. CLASSIFICATION PLAN......................................................................................6
3.1 Classification Plan ...................................................................................................6
3.2 Reclassification........................................................................................................6 SECTION 4. RECRUITMENT, SELECTION PROCESS AND APPOINTMENTS..................7
4.1 Job Announcement...................................................................................................7
4.2 Application Forms ...................................................................................................7
4.3 Disqualification of Applications..............................................................................7
4.4 Supplemental Information to Applications..............................................................7
4.5 Examinations............................................................................................................8
4.6 Eligibility Lists.........................................................................................................9
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4.7 Appointments...........................................................................................................9
4.8 Direct Appointments..............................................................................................10
4.9 Probationary Employment .....................................................................................10
4.10 Employment of Relatives.......................................................................................11 SECTION 5. COMPENSATION ................................................................................................13
5.1 Compensation Schedule.........................................................................................13
5.2 Pay Ranges.............................................................................................................13
5.3 Application of Compensation Schedule.................................................................13
5.4 Recognition Award ................................................................................................14
5.5 "Y" Rate .................................................................................................................14
5.6 Out of Class Pay.....................................................................................................14
5.7 On-Call Pay............................................................................................................15
5.8 Cost of Living Adjustment (COLA)......................................................................15
5.9 Salary Schedule Adjustments. ...............................................................................15
5.10 Council Approval Required. ..................................................................................15 SECTION 6. HEALTH AND RETIREMENT BENEFITS........................................................16 SECTION 7. ATTENDANCE AND HOURS OF WORK .........................................................17
7.1 Hours of Work .......................................................................................................17
7.2 Notification of Late Arrival or Absence ................................................................17
7.3 Meal Period............................................................................................................17
7.4 Rest Period.............................................................................................................17 SECTION 8. OVERTIME...........................................................................................................18
8.1 Work Week ............................................................................................................18
8.2 Regular Rate of Pay ...............................................................................................18
8.3 Overtime ................................................................................................................18
8.4 Prior Approval .......................................................................................................18
8.5 Compensatory Time Off ........................................................................................18
8.6 Employee Cash Out ...............................................................................................18 SECTION 9. PERFORMANCE EVALUATION.......................................................................19
9.1 Performance Evaluations for Probationary Employees.........................................19
9.2 Performance Evaluations for Regular Employees.................................................19
9.3 Special Evaluations................................................................................................19
9.4 Authority................................................................................................................19
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9.5 Performance Evaluation Meeting ..........................................................................19
9.6 No Appeal Right ....................................................................................................19 SECTION 10. VACATION LEAVE AND HOLIDAYS .............................................................20
10.1 Scheduling of Vacation Leave ...............................................................................20
10.2 Unused Vacation Leave Upon Separation .............................................................20
10.3 Effect of Holiday on Vacation Leave ....................................................................20
10.4 Floating Holidays...................................................................................................20
10.5 Holiday Pay............................................................................................................20 SECTION 11. SICK LEAVE ........................................................................................................21
11.1 Definition of Sick Leave........................................................................................21
11.2 Sick Leave Use ......................................................................................................21
11.3 Abuse of Sick Leave ..............................................................................................22
11.4 Excessive Use of Sick Leave .................................................................................22
11.5 Return to Work from Sick Leave...........................................................................22 SECTION 12. OTHER LEAVES..................................................................................................23
12.1 Work Related Court Appearances .........................................................................23
12.2 Other Court Appearances.......................................................................................23
12.3 Jury Duty Leave.....................................................................................................23
12.4 Military Leave........................................................................................................23
12.5 Paid Administrative Leave.....................................................................................23
12.6 Leave of Absence Without Pay..............................................................................23
12.7 Bereavement Leave................................................................................................24
12.8 Reproductive Loss Leave.......................................................................................24 SECTION 13. FAMILY AND MEDICAL CARE LEAVE..........................................................25 SECTION 14. PREGNANCY DISABILITY LEAVE..................................................................26 SECTION 15. RESIGNATION, LAYOFFS AND FURLOUGHS ..............................................27
15.1 Types of Separation ...............................................................................................27
15.2 Resignation ............................................................................................................27
15.3 Job Abandonment ..................................................................................................27
15.4 Layoff.....................................................................................................................27
15.5 Furloughs ...............................................................................................................27 SECTION 16. DISCIPLINE POLICY AND PROCEDURES......................................................28
16.1 Causes for Discipline .............................................................................................28
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16.2 Types of Discipline ................................................................................................29
16.3 Discipline Procedures ............................................................................................30 SECTION 17. GRIEVANCE PROCEDURE................................................................................35
17.2 Step I: Informal Resolution with Supervisor .........................................................35
17.3 Step II: Department Head ......................................................................................35
17.4 Step III: Personnel Officer.....................................................................................35
17.5 Time Limits............................................................................................................35 SECTION 18. PERSONNEL FILE...............................................................................................36
18.2 Notification of Changes in Personal Information ..................................................36
18.3 Medical Information ..............................................................................................36
18.4 References and Release of Information in Personnel Files ...................................37
18.5 Employee Access to Personnel File.......................................................................37
18.6 Access to Confidential Information .......................................................................37 SECTION 19. OUTSIDE EMPLOYMENT..................................................................................39
19.2 Authorization .........................................................................................................39
19.3 Determination of Inconsistent Activities...............................................................39
19.4 Revocation .............................................................................................................40
19.5 Appeal....................................................................................................................40
19.6 Use of City Equipment Prohibited.........................................................................40
19.7 Violations and Penalties.........................................................................................40 SECTION 20. DISCRIMINATION, HARASSMENT AND RETALIATION POLICY ............41
20.7 Definitions..............................................................................................................41
20.8 Actions to be Taken Upon Learning of Possible Harassment or Discrimination........................................................................................................43
20.9 Confidentiality .......................................................................................................44
20.10 Responsibilities......................................................................................................45
20.11 Dissemination of Policy.........................................................................................46 SECTION 21. POLITICAL ACTIVITY POLICY........................................................................47 SECTION 22. DRUG AND ALCOHOL POLICY.......................................................................49
22.7 Scope of Policy ......................................................................................................49
22.8 Searches .................................................................................................................49
22.9 Drug and Alcohol Testing......................................................................................49
22.10 Employee’s Responsibilities..................................................................................50
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22.11 Management Responsibilities................................................................................51
22.12 Drug-Free Awareness Program..............................................................................51 SECTION 23. USE OF CITY PROPERTY AND EQUIPMENT POLICY.................................52
23.4 Use of City Vehicles..............................................................................................52
23.5 Use of Privately Owned Vehicles..........................................................................53
23.6 Vehicle Operation Guidelines................................................................................54
23.7 Driver’s License.....................................................................................................55 SECTION 24. ELECTRONIC EQUIPMENT USE POLICY.......................................................56
24.4 Communications Through Other Systems or Networks........................................57
24.5 Misuse....................................................................................................................57
24.6 Consequences of Misuse........................................................................................58
24.7 Access to Remote Email ........................................................................................58
24.8 City Email..............................................................................................................58
24.9 Cell Phone Use.......................................................................................................58
24.10 Minimal Personal Use of Communications Equipment Permitted........................59 SECTION 25. SOCIAL MEDIA USE POLICY...........................................................................60
25.3 Employee Use of Social Media..............................................................................60 SECTION 26. VIOLENCE IN THE WORKPLACE POLICY ....................................................61
26.2 Prohibited Behavior ...............................................................................................61
26.3 Weapons.................................................................................................................61
26.4 Workplace Violence or Abuse ...............................................................................61
26.5 Incident Reporting Procedures...............................................................................61
26.6 Investigation...........................................................................................................62
26.7 Management Responsibility...................................................................................62
26.8 Follow-Up Disciplinary Procedures ......................................................................62 SECTION 27. OTHER EMPLOYEE CONDUCT POLICIES.....................................................63
27.1 Dress Code Policy..................................................................................................63
27.2 Tattoo and Body Art Policy ...................................................................................63
27.3 Piercing Policy.......................................................................................................63
27.4 Smoking/Use of Tobacco Products Policy ............................................................64
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SECTION 1. INTRODUCTION
1.1 Purpose – These personnel rules and regulations of the City of Grand Terrace (“City”) are adopted to ensure complete understanding of personnel policies by the City's employees, to develop fairness of application throughout the City's several departments, and to serve as guidelines for the administration of Personnel matters. The City reserves the right to change or modify the terms and conditions set forth at its discretion and without prior notice to employees.
These rules do not constitute a contract of employment. Nor shall these rules be interpreted to create a property interest in employment with the City.
1.2 Applicability of Rules – Unless otherwise specified in the rules, these rules shall apply to all individuals employed by or volunteering for the City.
1.3 Equal Employment Opportunity – The City affords equal employment opportunity for all qualified employees and applicants as to all terms of employment, including compensation, hiring, training, promotion, transfer, discipline and termination. The City prohibits discrimination against employees or applicants for employment on the basis of race, color, religion, sex, gender, gender expression, gender identity, national origin, ancestry, citizenship, age, marital status, physical or mental disability, medical condition, genetic information, sexual orientation, veteran status or any other basis protected by law. Employees who believe they have experienced any form of employment discrimination are encouraged to report this immediately using the complaint procedure set forth in the Discrimination, Harassment and Retaliation Policy set forth herein.
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SECTION 2. DEFINITIONS
2.1 Active Service – shall mean actual time worked, holidays with pay, leaves of absence with pay, leaves of absence without pay not to exceed 14 calendar days, and leaves of absence without pay not to exceed one year for which Worker's Compensation is paid. It shall also include Saturdays and Sundays or other regular days off which are immediately preceded or immediately followed by other time worked.
2.2 Advancement – shall mean a salary increase within a range of compensation provided for each position, which is conditioned upon a given minimum term of meritorious service in the same position and which is made without examination.
2.3 Applicant – shall mean a person who has made application to take a City examination.
2.4 Appointing Authority – shall mean the City Manager.
2.5 Appointment – shall mean the offer to, and acceptance by, a person of a position either on a regular or temporary basis.
2.6 At-Will Employee – shall mean an employee who serves at the pleasure of the City. An at-will employee may be removed at any time without cause or right to appeal. An employee who moves into an at-will position from regular status shall be an at-will employee. The list of all current at-will positions shall be referenced in Appendix A to the rules. All probationary employees are at-will employees.
2.7 Certification – shall mean endorsement as meeting required minimum standards for a vacant position.
2.8 Class or Classification – shall mean a group of positions, with such similarity in respect to their duties and responsibilities that similar requirements as to education, experience, knowledge, and ability should be demanded of incumbents, that similar tests of fitness may be used to choose qualified employees, and that the same schedule of compensation may apply with equity under substantially the same employment conditions.
2.9 Classification Plan – shall mean the official or approved system of grouping positions into appropriate classes.
2.10 Classified Service – shall mean all offices, positions, and employment in the City service, except those expressly designated as unclassified in City Ordinances.
2.11 Compensation – shall mean any salary, wage, fee, allowance paid to an employee for performing the duties and exercising the responsibilities of a position.
2.12 Compensation Plan – shall mean the official schedule of pay approved by the City Council assigning one salary or wage range to each class title.
2.13 Compensatory Time Off (CTO) – Time accrued or taken off from work, with pay, in lieu of paid overtime compensation.
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2.14 Continuous Service – shall mean City service uninterrupted by separation.
2.15 Deferred Compensation – shall mean tax-deferred monies held in an account until time of termination or retirement from the City.
2.16 Department – shall mean an administrative branch including a group of employees under the immediate charge of a department head.
2.17 Department Head – shall mean the head of a City department; and also includes the City Clerk.
2.18 Direct Appointment – shall mean an appointment within City service which is authorized to be made foregoing otherwise required recruitment, testing and appointment processes; typically limited to the City Manager and City Attorney.
2.19 Domestic Partner – shall mean two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring, as may from time to time be defined in the California Family Code.
2.20 Eligibility List – shall mean the ranking of eligibility for a vacancy in order of overall qualification.
2.21 Employee – shall mean an individual who is legally an incumbent of a position in the classified service, or who is on leave of authorized absence with the right to return to his position.
2.22 Exempt Employees – shall mean an employee who is designated by the Classification Plan as exempt from the overtime requirements under the Fair Labor Standards Act (FLSA). Exempt employees shall not receive compensation for overtime work. Their monthly salary shall be considered full compensation for all hours worked. A list of all current exempt positions shall be referenced in the City’s Classification Plan.
2.23 Fringe Benefit(s) – shall mean an employment benefit (health insurance, paid holiday, etc.) granted by an employer that involves a money cost without affecting basic wage rates.
2.24 Full-time Employee – shall mean an employee whose position is budgeted to work 40 hours per week. Full-time employees receive benefits.
2.25 Furlough – shall mean the temporary modification of normal working hours or benefits for reasons of economy, efficiency or non-disciplinary reason.
2.26 Interim Appointment – shall mean a short-term appointment made from an eligibility list.
2.27 Intermittent Service - shall mean City service interrupted by separation.
2.28 Layoff – shall mean the involuntary separation of an employee from a position for reasons of economy, efficiency or other non-disciplinary reason.
2.29 Leave – shall mean an approved type of absence from work as provided for by these rules.
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2.30 Length of Service – shall include Saturdays, Sundays, and other regular days off which are immediately preceded or immediately followed by normal workdays.
2.31 Non-exempt Employee – shall mean an employee who is not designated by the City Manager as exempt from the overtime requirements under the FLSA. Non-exempt employees are eligible to receive compensation for overtime work.
2.32 On-Call Employee – shall mean an employee that does not work a regular schedule, and works intermittently as needed.
2.33 Part-time Employee – shall mean an employee whose position is budgeted to work less than 40 hours per week. Part-time employees may receive benefits as provided herein.
2.34 Pay Rate – shall mean a specific dollar amount expressed as either an annual rate, a monthly rate, a semimonthly rate, a biweekly rate, or an hourly rate.
2.35 Personnel Officer – shall have the same meaning as the Grand Terrace Municipal Code, Section 2.24, including such amendments to that Section as may from time to time be made.
2.36 Position – shall mean a specific office of employment, whether occupied or vacant, calling for the performance of certain duties and the carrying of certain responsibilities by one individual, either on a full-time or part-time basis.
2.37 Probationary Employee – shall mean an employee serving in the probationary period of employment. Probationary employees are at-will employees.
2.38 Promotion – shall mean elevation of an employee to a position which requires a greater level of skills, and has a maximum salary higher than that of the employee's former position.
2.39 Regular Rate of Pay – is defined under the FLSA and is determined by dividing the employee’s total remuneration for employment in any work period by the total number of hours that remuneration is intended to compensate.
2.40 Regular Employee – shall mean an employee who satisfactorily completes probationary service and maintains continuing regular appointment.
2.41 Probationary Release – shall mean the dismissal from City service of an employee who has not successfully completed the probationary period, or the return of a regular employee to a position in which the employee previously acquired regular status who did not successfully complete a promotional probationary period.
2.42 Seasonal Employee – shall mean an employee hired on a temporary basis to work only a part of the year due to seasonal employment. Seasonal employees do not receive any City benefits.
2.43 Skelly Officer – shall mean the City official designated as having authority to render a final disciplinary decision in the pending matter; typically the department head or equivalent, or the City Manager.
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2.44 Spouse – a person with who exists a matrimonial relationship recognized under the laws of the State of California.
2.45 Suspension – shall mean a temporary separation of an employee from City service for disciplinary purposes or pending the completion of an investigation of charges made against an employee. Suspensions shall be without pay unless the employee is notified otherwise by the City.
2.46 Temporary Appointment – shall mean an appointment not made from an eligible list for short-term employment of less 1,000 hours per fiscal year or less than 125 days per fiscal year.
Unless specifically provided herein, temporary employees do not receive any City benefits.
2.47 Termination – shall mean the separation of an employee from City service because of retirement, resignation, death or dismissal.
2.48 Transfer – shall mean assignment of an employee from one position to another position having the same maximum salary range, and requiring substantially the same level of skills. A transfer can take place within a department, between departments, between positions of the same class, or between positions of different classes.
2.49 Workday – shall mean the scheduled number of hours an employee is required to work per day.
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SECTION 3. CLASSIFICATION PLAN
3.1 Classification Plan – The Personnel Officer shall ascertain and record the duties and responsibilities of all positions in the classified service and, after consulting with affected department heads, shall recommend a classification plan for such positions. The plan and any revisions thereof shall become effective upon approval of the City Council. (a) Following the adoption of the classification plan, the Personnel Officer shall allocate every position in the classified service to one of the classifications established by the plan.
(b) When a new position is created, and before such position may be filled, no person shall be appointed or employed to fill the position until the classification plan has been amended to provide for the new position.
3.2 Reclassification – The Personnel Officer may initiate a reclassification review to determine whether the duties of a position necessitate reclassification of the position to a more appropriate classification. Upon completion of the reclassification review, the Personnel Officer shall make a recommendation regarding reclassification to the City Council. (a) The Personnel Officer shall determine whether to maintain or change the annual performance review date of a reclassified employee.
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SECTION 4. RECRUITMENT, SELECTION PROCESS AND APPOINTMENTS
4.1 Job Announcement – Whenever an open competitive examination is to be utilized to fill a position, upon authorization of the Personnel Officer, an appropriate flyer shall be posted on the City’s website and as otherwise deemed appropriate by the Personnel Officer. The announcement shall include:
- The title and pay for the position;
- FLSA Status (exempt or non-exempt and basis thereof); - The nature of the work to be performed;
- The minimum qualifications;
- A statement whether the position is at-will;
- The time and place of the examination, if known, and/or if a psychological examination, and/or a drug screen will be required following a conditional offer of employment; and
- Such other information as determined in the discretion of the Personnel Officer.
In instances where posting a job announcement would detrimentally delay the filling of a vacancy, the City, in its sole discretion, may dispense with this requirement and fill the position from immediately available sources.
4.2 Application Forms – Job applications shall be made on forms authorized by the Personnel Officer. Such forms shall require information covering training, experience, and other pertinent information as deemed necessary by the Personnel Officer. Defective, incomplete, or untimely applications may be returned to the applicant with notice to amend and re-file, provided that the time for receiving applications has not expired. Whenever an application is rejected, notice of such rejection shall be mailed or emailed to the applicant by the Personnel Officer. Applications received at times other than following announcements as set forth above shall be destroyed or returned to the applicant at the discretion of the Personnel Officer.
4.3 Disqualification of Applications – The Personnel Officer may reject any application which is not properly completed or which indicates on its face that the applicant does not meet the minimum qualifications for the position. Applications may also be rejected for reasons, which, in the judgment of the Personnel Officer would render the applicant unsuitable for the position.
Whenever an application is rejected, the Personnel Officer shall email the notice of such rejection to the applicant. Defective applications may be returned to the applicant with notice of the defect, provided the time limit for receiving applications has not expired when the defect is detected.
Although the Personnel Officer is not required to return defective applications, all defective applications during any recruitment must be treated identically.
4.4 Supplemental Information to Applications – Applicants may be required to provide supplementary information, including but not limited to:
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- Resumes;
- Licenses;
- Certifications;
- Diplomas;
- Letters of recommendation; and
- References.
Although such supplementary information may be used in evaluating an individual applicant’s qualifications, it shall not substitute for a completed application form. Should an applicant be appointed to a position, the supplemental information shall become a part of the individual’s permanent employment records.
4.5 Examinations
(a) The Personnel Officer will determine the manner and methods of administering examinations. All examinations shall be job-related.
(b) Examinations shall be competitive and may consist of written tests, oral tests, performance tests, evaluations of prior training and performance, experience and education, interviews, style assessments, file review, or any combination thereof.
Tests shall be administered in a manner that provides all qualified applicants a fair and reasonable opportunity to demonstrate their skills, as those skills relate to the vacant position. Some positions may require a background check. The Personnel Officer will determine what is fair and reasonable as it relates to this paragraph. (c) The content of all examinations designed to differentiate between qualified applicants shall be kept confidential prior to the administration of the examination.
The nature of the examination (oral, written, or practical) shall be communicated to all applicants so that each applicant may come to the examination prepared to demonstrate their skills, as those skills relate to the vacant position. The method of communication shall be similar for all applicants.
(d) Appointment to certain positions may be made contingent upon the applicant/employee passing a job-related medical and/or psychological examination to the satisfaction of the Personnel Officer following a conditional offer of employment. Such examination shall only be required after a conditional offer of employment has been made.
(e) Applicants who receive a conditional offer of employment may need to successfully complete drug and alcohol testing prior to their initial employment by the City. (f) Any medical records will be kept confidential and will be kept separately from nonmedical personnel records. Such records are accessible only by the Personnel Officer, the City’s legal counsel, first aid and safety personnel in case of
01247.0004/1020594.1 9
emergency, and supervisors who are responsible for identifying reasonable accommodations. Medical records and information contained therein must be released if so required by state or federal law; to ensure the utmost confidentiality required by law, only the minimum necessary amount of information will be released
(g) No person shall be denied employment or failed on a pre-employment medical and/or psychological examination because of a physical or mental disability if such person can perform the essential functions of the job for which they received a conditional offer of employment with or without reasonable accommodation unless the applicant/employee cannot perform the job without presenting a direct threat to the health and safety of himself/herself or others or without creating undue hardship for the City.
4.6 Eligibility Lists
(a) After completion of an open or promotional examination, the Personnel Officer shall prepare an eligibility list consisting of the names of candidates who passed the examination arranged in order of final score from the highest to the lowest (or arranged alphabetically).
(b) Notwithstanding any other provision of these rules, if there are less than 3 names on an eligibility list, the Personnel Officer may declare such list void and fill the position by any method permitted by these rules, including but not limited to, undertaking new recruiting and testing procedures.
(c) Eligibility lists shall become effective upon the certification by the Personnel Officer and remain in effect for 12 months, unless the eligibility list is for a classification for which there is continuous recruitment. A successful applicant who has been determined eligible for appointment for a classification for which there is a continuous recruitment shall remain on the list for 12 months. (d) A person appearing on an eligibility list shall be removed from the list pursuant to written request by the eligible person, or if the eligible person fails to respond to notification of an opening from the Personnel Officer. It is the responsibility of the eligible person to keep the Personnel Officer informed of his/her current address, phone number and other required contact information.
4.7 Appointments
(a) The Personnel Officer shall make all appointments other than direct appointments.
The Personnel Officer shall decide in what manner a vacancy shall be filled.
Vacancies may be filled by reinstatement, promotion, transfer, demotion, appointment of hourly employees, or from an appropriate eligibility list if available.
No specific list shall have priority over other lists.
(b) An eligible applicant may be appointed to a position other than for the one which the applicant originally applied.
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(c) When a position is to be filled from a promotional or open eligibility list, the Personnel Officer may choose from the specified list one of the top three candidates on the eligibility list. If no person among the top three candidates indicates a willingness to accept the appointment, or if the Personnel Officer does not choose from the top three candidates, the Personnel Officer or designee may make the appointment from among the remaining names on the eligibility list, may request a new examination and establish a new eligibility list, or may fill the position by any other method authorized by these rules.
(d) The person accepting appointment shall report to the Personnel Officer or designee on the date designated by the Personnel Officer. Otherwise, the applicant shall be deemed to have declined the appointment.
4.8 Direct Appointments – Positions deemed direct appointments by the City may be filled by direct appointment by the City Council.
4.9 Probationary Employment
(a) The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee’s work to determine the employee’s fitness for the position.
(b) Regular Appointments – All regular appointments to positions other than at-will positions shall be tentative and subject to a probationary period of one year of actual and continuous service. The Personnel Officer may extend the probationary period for an additional period of up to six months of actual and continuous service. An employee subject to an extension of the probationary period shall be given written notice of the extension, including the period thereof.
(c) Promotional Appointments – All promotional appointments shall be tentative and subject to a probationary period of six months of actual and continuous service.
Upon successful completion of the promotional probationary period, the completion date shall be the employee’s new annual evaluation date. (1) An employee serving in a probationary promotional position does not acquire regular status in the promotional position until the successful completion of the probationary period.
(2) If the employee fails to complete the probationary period in the promotional position satisfactorily, the Personnel Officer, at his/her discretion, may return the employee to the position held prior to promotion at the range and step held prior to promotion, if there is a vacancy in the prior position.
However, should the position no longer be available, the employee may be terminated.
(d) All probationary employees are at-will employees. Accordingly, during the probationary period, a probationary employee may be rejected at any time with or
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without cause, without notice or appeal, and without any rights set forth under the Discipline Policy and Procedures provided herein.
4.10 Employment of Relatives
(a) The following definitions apply:
(1) “Relative” means spouse, domestic partner, child, step-child, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, or in-laws of those enumerated by marriage or domestic partnership.
(2) “Spouse” means two persons who have a valid marriage, or two people who are registered domestic partners, as that term is defined by California law, Family Code Section 297 et seq.
(3) “Supervisory relationship” means one in which one employee exercises the right to control, direct, reward, or punish another by virtue of the duties and responsibilities assigned to his or her City appointment. (b) Relatives – The City has discretion not to appoint, promote or transfer a person to a position within the same department in which the person’s relative already holds a position, when such employment would result in any of the following:
(1) A direct or indirect supervisory relationship;
(2) The two employees having job duties which require performance of shared duties on the same or related work assignment;
(3) Both employees having the same immediate supervisor; or (4) A potential for creating an adverse impact on supervision, safety, security, morale or efficiency that is greater for relatives than for unrelated persons. (c) Spouses or Domestic Partners
(1) If two City employees who work in the same department become spouses or domestic partners, the Personnel Officer has discretion to transfer one of the employees to a similar position in another department. Although the wishes of the employees in question will be given consideration, the Personnel Officer retains sole discretion to determine which employee is to be transferred based upon City needs, operations, or efficiency. Any such transfer that results in a salary reduction is not disciplinary and is not subject to any grievance or appeal.
(2) If continuing employment of both employees cannot be accommodated in a manner the Personnel Officer finds to be consistent with the City’s interest in the promotion of safety, security, morale, and efficiency, then the Personnel Officer retains sole discretion to separate one employee from City
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employment. Absent the resignation of one employee, the less senior employee will be separated. Any such separation is not considered to be disciplinary and is not subject to any grievance or appeal.
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SECTION 5. COMPENSATION
5.1 Compensation Schedule - The compensation schedule for classified service shall include a list of classes of positions by occupational group, with the standard rates of compensation shown for each class.
All rates shown on the official compensation schedule and conditions set forth therein are in full payment for services rendered and are intended to cover full payment for the number of hours regularly worked in each class.
5.2 Pay Ranges - The City has policy pay ranges which define the minimum and maximum pay for each job.
5.3 Application of Compensation Schedule - The pay range, as set forth for each classification, shall be applied as follows:
(a) New Appointments - Each position has a pay range which consists of minimum and maximum rates of pay. The minimum rate for the position shall generally apply to new employees with little or no experience within the classification. When qualifications and experience warrant, an original appointment or reinstatement may be made at a rate other than the minimum rate. The City Manager will decide the new appointment rate based, in part, on the experience and training of the employee and according to the needs of the City.
(b) Normal Advancements - After a full-time employee successfully completes six months of service, the employee is eligible for a rate increase. It is up to the employee's department head to recommend the amount of increase based on the employee's performance record to the City Manager. Thereafter, increases may be considered at annual evaluation dates. The date that the employee receives his/her first increase will be the annual evaluation date. Employees that demonstrate consistent superior performance may receive advancements outside the normal procedure based on the merit of the performance and the discretion of the City. (c) Part-Time Employees shall be eligible for a merit increase upon satisfactory completion of the first 1,040 hours of service in a new position; and once every 2,080 hours thereafter if supported by a satisfactory performance evaluation. (d) Advancement Provisions - No rate advancement shall be made so as to exceed any maximum rate established in the compensation schedule for the class to which the advanced employee's position is allocated, except as otherwise may be provided for in the rules. Advancement shall not be automatic, but shall depend upon increased service value of an employee to the City as exemplified by the recommendations of his/her department head, length of service, performance record, special training undertaken, or other pertinent evidence, within the advancement policy established by the compensation schedule. The advancement of an employee, therefore, is one in which actual merit and not time alone governs. An employee shall be recommended for salary increases only when he/she clearly deserves advancement
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as indicated by at least a competent rating on his/her last performance evaluation, and not simply according to the elapse of a time period. (e) Transfer to Position Within the Same Classification - When an employee is transferred to a position within the same classification to a position with the same pay range, there shall be no salary increase or decrease because of such transfer.
The employee's salary evaluation date shall remain the same.
5.4 Recognition Award - The City Manager may, at his/her discretion, grant a onetime recognition award in an amount up to 5% of an employee's salary when an employee on his/her own initiative and by his/her own efforts and abilities is rendering service above the level of proficiency normally expected in the class or is producing results consistently superior to that normally expected of employees in the class. An employee may only receive one such bonus per fiscal year.
5.5 "Y" Rate - An employee holds the "Y" rate of the pay range when the employee is reclassified to a position with a lower maximum salary than the employee's existing base salary.
An employee at the "Y" rate maintains the "Y" rate (i.e. existing base salary) until the maximum salary in the reclassified position meets or exceeds the "Y" rate. Assignment to “Y” rate is at the discretion of the City.
5.6 Out of Class Pay - An employee who is temporarily directed to serve in a higher-level position above the employee's current classification shall be compensated at the salary of the higher level position in accordance with the following:
(a) In an effort to assist employees in obtaining experience and training for future promotional opportunities, employees may from time-to-time volunteer to perform the duties of a higher job classification. Such voluntary performance on the part of the employee shall not be eligible for compensation as a temporary upgrade assignment.
(b) It is understood that, from time to time, a Department Head may assign a temporary project or task to an employee which requires a different level of responsibility, knowledge, skills, and/or abilities than is outlined in his/her current classification.
It is recognized that the infrequent assignment of such project or tasks is meant to be non-habitual and does not constitute out of classification work subject to reclassification.
(c) If the City requires an employee to perform tasks outside of their classification for more than a week, the City shall provide the employee out of class pay, as appropriate. Any grievance by an employee relating to not receiving out of class pay, as required by this subsection, must be received by the City within ten (10) days of occurrence.
(d) It is understood there are positions within the City that require specialized training and/or certification for the performance of specific tasks. No employee shall be required to perform any duties which would violate any applicable law or regulation requiring possession of specialized certification or training to perform such duty.
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5.7 On-Call Pay - Employees placed in an on-call status for a period of one week shall receive their choice of either nine hours of paid straight time or nine hours of compensatory time off.
Employees assigned to be on-call while not on duty shall remain within the range of the electronic communication device provided to him/her and be available to respond to the specified work site within an hour. When an employee is called out, he/she will be paid for a minimum of two (2) hours at the employee's applicable hourly rate.
5.8 Cost of Living Adjustment (COLA). As a part of the City’s annual budget process, the City will assess the feasibility of providing a cost of living adjustment to employee salaries. (a) Such cost-of-living adjustment shall be based on the Consumer Price Index - All Urban Consumers (CPI-U) Riverside-San Bernardino-Ontario, CA. (b) If the City’s budget permits a cost-of-living adjustment, such adjustment shall be equal to the CPI-U, up to a maximum of 5%.
(c) Unless otherwise required by law or by contract, no cost-of-living adjustment shall be given to any class of employees unless all classes are also adjusted. (d) Any allowed cost of living adjustment shall take effect on the first pay-period in which the first day of the fiscal year falls.
5.9 Salary Schedule Adjustments. Every three years, as a part of the City’s budget process, the City shall conduct a salary survey to determine whether existing salary levels are appropriate to the current job market.
(a) The survey will be conducted for all City positions regardless of whether or not the position is currently funded.
(b) Conducting a survey does not create an obligation for the City to implement salary changes.
(c) Unless otherwise required by law or by contract, no rate adjustment shall be given unless warranted by the salary survey.
(d) Any allowed rate adjustment shall take effect on the first pay-period in which the first day of the fiscal year falls.
5.10 Council Approval Required. No changes to rates shall be made under sections 5.8 and 5.9 without prior approval of the City Council. Any such change under this section shall be approved by resolution of the City Council. Such resolution shall indicate whether it is implementing a COLA or amending the Salary Schedule of the City’s Classification Plan.
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SECTION 6. HEALTH AND RETIREMENT BENEFITS
Defined in the Statement of Benefits, as originally adopted by the City Council and inclusive of any subsequent amendments as from time to time, including without limitation each fiscal year, may be adopted.
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SECTION 7. ATTENDANCE AND HOURS OF WORK
7.1 Hours of Work – Work schedules are determined at the sole discretion of the Department Head and are subject to change with or without notice, according to the needs of the department or City. An employee shall be in attendance at their work during the hours specified by the Department Head. Any unauthorized absence may be cause for disciplinary action, up to and including discharge from employment.
(a) Arriving late to work or leaving early in connection with scheduled work times, breaks, or meal periods is prohibited. An employee is required to seek advance permission from his or her supervisor for any foreseeable absence or deviation from regular working hours.
7.2 Notification of Late Arrival or Absence – An employee who is unexpectedly unable to report for work as scheduled must notify his or her immediate supervisor no later than the scheduled work time and report the expected time of arrival or absence. If the employee's immediate supervisor is not available, the employee must notify the Department Head. A nonexempt employee who fails to timely notify the supervisor of absences, or who is not present and ready to work during all scheduled work times will be deemed to have an unauthorized tardy or absence and will not receive compensation for the period of absence.
7.3 Meal Period – A one hour non-compensated meal period shall be provided to all full-time employees who work at least an eight hour work day. A 30 minute non-compensated meal period shall be provided to all full-time employees who work more than five hours, but less than eight hours during the work day. Employees are responsible for taking their own meal period at the approximate mid-point of the shift, unless department rules indicate otherwise.
7.4 Rest Period – A 15 minute compensated rest period will be provided all employees for each four hour period of service. The rest period shall be taken at a time designated by the employee’s supervisor. The rest periods may not be combined to shorten the workday or to extend the meal period.
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SECTION 8. OVERTIME
8.1 Work Week – The workweek begins at 12:00 a.m. on Saturday and ends at 11:59 p.m. on Friday. Employees working a 9/80 schedule will have a flex day off every other week as determined by the City. For employees working a 9/80 work schedule, each employee’s designated work week shall begin exactly four hours after the start of his/her eight hour shift on the day of the week that corresponds with the employee’s alternating regular day off.
8.2 Regular Rate of Pay – A non-exempt employee’s regular rate of pay is the employee’s hourly rate, based on the normal, non-overtime workweek for which the employee is employed.
8.3 Overtime – Overtime is all hours a non-exempt employee actually works over 40 in his or her work week as defined by the FLSA. Overtime is compensated at time and one-half (1.5) the employee’s regular rate of pay as defined by the FLSA. The employee may elect to receive compensatory time off in lieu of pay. On a week with a holiday, both the hours worked and holiday hours will be counted towards the 40-hour threshold for purposes of calculating FLSA overtime pay.
8.4 Prior Approval – Non-exempt employees are not permitted to work overtime except as the department director authorizes or directs. Non-exempt employees directed to work overtime must do so. Working overtime without advance approval is grounds for discipline.
8.5 Compensatory Time Off – A non-exempt employee, for the purposes of the Fair Labor Standards Act, may opt to accrue compensatory time-off ("CTO") in lieu of cash payment for overtime worked.
(a) Accrual Rate – CTO accrues at the rate of 1.5 hours for each hour worked over 40 hours of actual work in the employee's work week. CTO cannot be accumulated in excess of 80 hours at any given time.
(b) Employee Request to Use CTO – The City will grant an employee’s request to use accumulated CTO provided that: (1) the department can accommodate the use of CTO on the day requested without undue disruption; and (2) the employee makes the request in writing to the supervisor no later than five days prior to the date requested. If the employee does not provide five days’ notice, or if the department cannot accommodate the time off, the City may provide the employee the opportunity to cash out the CTO requested at the end of the current pay period. (c) City Cash Out – The City reserves the right to cash out accumulated CTO at any time.
8.6 Employee Cash Out – During employment, CTO is cashed out at the employee’s current FLSA regular rate of pay (including all FLSA-applicable salary differentials). Employees separating from City service shall be compensated for all accrued, unused compensatory hours at the current FLSA regular rate of pay, or the average regular rate for the prior three years, whichever is higher.
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SECTION 9. PERFORMANCE EVALUATION
9.1 Performance Evaluations for Probationary Employees – Prior to the completion of six months and 12 months during the probationary period, the department head shall furnish the Personnel Officer with a performance evaluation as to the progress of the probationary employee, a copy of which shall also be furnished to the employee. (a) The preparation of the six and 12 month performance evaluations shall be mandatory.
(b) Prior to the completion of three months and nine months during the probationary period, the department head may furnish the Personnel Officer or designee with a performance evaluation as to the progress of the probationary employee, a copy of which shall also be furnished to the employee. The preparation of the three and nine month performance evaluations shall be optional.
9.2 Performance Evaluations for Regular Employees – Performance evaluations for a regular employee shall be prepared at the time of the employee's salary anniversary dates, provided that the employee may, in addition, be given a report of performance at any other time during the year upon his/her own request and/or at the discretion of the Department Head.
9.3 Special Evaluations – Department Heads are authorized to evaluate a subordinate’s performance as often as he/she deems appropriate.
9.4 Authority – The Personnel Officer shall determine the appropriate supervisor to prepare the performance evaluation of an employee. The Department Head shall review and approve all performance evaluations of subordinates in his/her department. The City Manager shall review and approve all performance evaluations of Department Heads or any other employees under his/her supervision.
9.5 Performance Evaluation Meeting – Each performance evaluation shall be discussed with the employee. The employee shall sign the evaluation to acknowledge its contents. Such signature shall not necessarily mean he/she fully endorses the contents of said evaluation.
9.6 No Appeal Right – An employee does not have the right to appeal any matter relating to a performance evaluation. Instead, the employee may comment on the evaluation in a written statement which will then be placed with the evaluation in the employee’s personnel file. The written statement must be submitted within 10 calendar days after the employee receives the evaluation.
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SECTION 10. VACATION LEAVE AND HOLIDAYS
10.1 Scheduling of Vacation Leave – An employee may take vacation leave at any time during the year, subject to approval by the employee’s Department Head based on a determination that such absence will not adversely affect the City. Each employee must consider the needs of the City when requesting vacation leave. An employee shall provide a minimum of one week’s written advance notice, unless waived by the Department Head, when requesting vacation time off.
10.2 Unused Vacation Leave Upon Separation – Any employee terminating from the City service who has accrued vacation leave shall be paid for all accrued vacation at termination at his/her rate of pay at the time of separation. No leave credit will be earned on such payments.
10.3 Effect of Holiday on Vacation Leave – In the event one or more authorized holidays fall within a vacation leave, such holiday shall not be charged as vacation leave, and the vacation may be extended accordingly.
10.4 Floating Holidays – City Hall employees entitled to holidays shall receive two floating holidays per fiscal year, as defined in the Statement of Benefits, inclusive of any subsequent amendments as from time to time, including without limitation each fiscal year, which may be adopted.
(a) Floating holidays must be used by the end of the corresponding fiscal year. Any time not used will be cashed out on the last pay period of June.
10.5 Holiday Pay – Employees entitled to holidays shall be paid the equivalent of the employee’s one workday of compensation for the holiday and floating holiday. If a non-exempt employee is required to work on a holiday, the employee shall be paid overtime for time worked on the holiday.
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SECTION 11. SICK LEAVE
11.1 Definition of Sick Leave – Sick leave is leave from duty which may be granted by the City to an employee because of the employee’s own illness, injury, exposure to contagious disease; or for an illness or injury of a member of the employee’s family requiring the employee’s attendance; and for medical, dental and optical appointments to the extent that such appointments cannot be scheduled outside the work day.
(a) A family member is defined as a spouse/domestic partner, parent, sibling, child, grandchild, grandparent, aunt or uncle of the employee or of the employee’s spouse/domestic partner.
11.2 Sick Leave Use
(a) An employee may be granted sick leave only in case of actual sickness as defined above. Only one half of the employee's yearly accrued sick leave may be used because of the illness of an family member. In the event that an employee or a member of the employee's family recovers from any such sickness after being granted sick leave, and during the regularly scheduled hours of work, then such employee shall notify the appropriate immediate supervisor and be available to return to duty.
(b) In order to apply for sick leave use, an employee shall notify the appropriate immediate supervisor within one hour before the time established as the beginning of the employee's work day; unless the City determines that the employee's duties require more restrictive reporting. Failure to do so without good reason may result in that day of absence being treated as leave of absence without pay. (c) If the employee is absent on sick leave for more than one day the employee must keep the immediate supervisor informed as to the date the employee expects to return to work.
(d) Sick leave will not be granted to any employee absent from duty after separation from City service, or during a City authorized leave of absence without pay, or any other absence from duty not authorized by the City.
(e) Sick leave will not be granted to any employee to permit an extension of the employee's vacation.
(f) The City may require a physician's certification at any time regarding the sickness or injury of the employee or their immediate family member and the date of the employee's intended return to work.
(g) Employees will not be permitted to use vacation in lieu of sick leave unless approved by the Personnel Officer.
(h) Supervisors have the discretion to place employees on sick leave when, in the judgment of the supervisor, the presence of the employee at work would endanger
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the health and welfare of other employees, the public, or where the illness or injury of the employee interferes with the performance of such employee's duties.
11.3 Abuse of Sick Leave – An employee is subject to disciplinary action for abuse of sick leave.
Abuse of sick is a claim of entitlement to sick leave when the employee does not meet the requirements and definition of sick leave as set forth above.
11.4 Excessive Use of Sick Leave – Unprotected sick leave is leave which is not used in connection with FMLA/CFRA leave, leave due to a reasonable accommodation for a disability, or any other leave that is protected under the law.
(a) Excessive use of unprotected sick leave, tardiness, and failing to use the call-in procedures when absent or tardy, can negatively impact the employee’s job performance and may be considered in establishing the employee’s performance evaluation rating.
(b) Factors that will be considered in determining whether use of sick leave is excessive include, but are not limited to, whether the employee has exhausted his/her sick leave, whether the leave taken is protected under the law, whether the employee has a disability, whether absenteeism is limited to a finite time period or whether it continues over time, the basis for the absenteeism and the significance of the impact on the performance of the employee’s job or of the job of others.
11.5 Return to Work from Sick Leave – Employees on sick leave may be required to provide a physician's certification certifying fitness for duty prior to returning to work. The City shall comply with requirements of the Fair Employment and Housing Act (FEHA). If upon return from leave an employee is unable to perform the essential functions of her job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify potential reasonable accommodations, and/or require the employee to undergo at City expense a medical evaluation of fitness for duty.
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SECTION 12. OTHER LEAVES
12.1 Work Related Court Appearances – An employee who is subpoenaed to appear in court in a matter regarding an event or transaction in the course of his or her City job duties will do so without loss of compensation. The time spent will be considered work time. The City shall determine whether the matter is in regards to an event or transaction in the course of the employee’s City job duties.
12.2 Other Court Appearances - An employee subpoenaed to appear in court in a matter unrelated to his or her City job duties or because of civil or administrative proceedings that he or she initiated does not receive compensation for time spent related to those proceedings. An employee may request to receive time off without pay, or may use any accrued leave other than sick leave for time spent related to those proceedings. The time spent in these proceedings is not considered work time.
12.3 Jury Duty Leave - An employee who is summoned to serve on a jury must notify his or her supervisor or department head as soon as possible after receiving notice of both possible and actual jury service in order to receive time off for the period of actual service required. Employees will receive their regular salary for up to a maximum of 10 working days. Regular salary means full pay for the employee’s regularly scheduled work hours, which the employee would have received had he or she not been summoned for jury service. Employees must submit to the City any fees received from the Court for jury service time in which the City paid the employee their regular salary. The time spent on jury duty is not work time for purposes of calculating overtime compensation.
(a) Employees must report to their supervisors if they are unable to attend jury service due to illness or any other reason. If an employee does not report to work or jury service during a regularly scheduled work shift, the employee will not be paid unless covered by sick, vacation, or other paid leave.
(b) If any employee is released from jury service prior to the end of his/her scheduled work hours, the employee must report to work unless otherwise authorized by his/her supervisor.
12.4 Military Leave – Military leave shall be granted in accordance with the provisions of state and federal law. An employee requesting leave for this purpose shall provide the Department Head with a copy of the military orders specifying the dates, site and purpose of the activity or mission.
Within the limits of such orders, the Department Head may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave.
12.5 Paid Administrative Leave – The City has the right to place an employee on leave at any time with full pay. An employee may be placed on administrative leave pending investigation of misconduct, potential disciplinary action, or other reasons that the Personnel Officer, in his/her discretion, believe warrant such leave. The employee does not have a right to appeal the decision to be placed on administrative leave with pay.
12.6 Leave of Absence Without Pay – Upon the request of the employee and the recommendation of the Department Head, leave of absence without pay may be granted by the
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Personnel Officer to an employee who has completed at least one year of continuous employment prior to the effective date of the leave.
(a) Unless required by law, an employee is not entitled to a leave of absence as a matter of right.
(b) Request for leave of absence without pay shall state specifically the reason for the request, the date when the employee desires to begin the leave, and the probable date of return.
(c) Failure of the employee to return to his or her employment upon the termination of any authorized leave of absence will, except under extraordinary circumstances, constitute the employee’s separation from City employment. (d) Leave of absence without pay is not a break in service or employment, and rights accrued at the time the leave is granted are retained by the employee. (e) Unless required by law, vacation leave credits, sick leave credits, increases in salary, all other paid leaves, holidays and fringe benefits and other similar benefits shall not accrue to a person granted such leave during the period of absence. Nor is the City required to maintain contributions toward group insurance or retirement coverage for the employee on such leave.
(f) During the period of such leave, all service and leave credits shall be retained at the levels existing as of the effective date of the leave. The employee shall be reinstated to his or her former position or to a comparable one if available.
12.7 Bereavement Leave. An employee may request up to five (5) days of bereavement leave in any twelve-month period. Bereavement leave consists of two (2) days that shall be paid by the City and the additional three (3) days will be paid from sick leave for the death of a family member.
A family member is defined as a spouse/domestic partner, parent, sibling, child, grandchild, grandparent, aunt or uncle of the employee or of the employee’s spouse/domestic partner. (a) The requested time off does not need to be in consecutive days, but the leave must be completed within three (3) months of the family member’s death. (b) The City reserves the right to request documentation substantiating the family member’s death.
12.8 Reproductive Loss Leave. Employees may take up to five days of unpaid leave for a reproductive loss. Reproductive loss is defined as: a failed adoption, a failed surrogacy; a miscarriage; a stillbirth, or an unsuccessful assisted reproduction. Employees may request to use accrued vacation or accrued paid sick time during this otherwise unpaid leave. This leave must generally be completed within three months of the reproductive loss, but the time off does not have to be on consecutive days.
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SECTION 13. FAMILY AND MEDICAL CARE LEAVE
13.1 To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for eligible employees as required by State and federal law. The manner in which such leave is requested, utilized and monitored shall be governed by applicable state and federal laws and regulations. Unless otherwise provided by this article, “Leave” under this article shall mean leave pursuant to the FMLA and CFRA.
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SECTION 14. PREGNANCY DISABILITY LEAVE
14.1 To the extent not already provided for under current leave policies and provisions, the City will provide an employee who is disabled because of pregnancy, childbirth, or a related medical condition is leave time as required by State and federal law. The manner in which such leave is requested, utilized and monitored shall be governed by applicable state and federal laws and regulations.
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SECTION 15. RESIGNATION, LAYOFFS AND FURLOUGHS
15.1 Types of Separation – All separations of employees from positions in City employment shall be designated as one of the following types:
(a) Resignation;
(b) Layoff;
(c) Death;
(d) Retirement; and
(e) Dismissal.
15.2 Resignation – An employee who wishes to resign his/her City employment in good standing must submit the resignation to the Personnel Officer at least two weeks prior to the planned separation date. Failure to follow the aforementioned procedure may be cause for denying future employment with the City. A resignation becomes final when received by the Personnel Officer, and becomes effective on the date stated in the resignation.
15.3 Job Abandonment – An employee is deemed to have resigned if the employee is absent for three consecutive scheduled work shifts without prior authorization and without notification during the period of the absence.
(a) Such employee will be given an opportunity to explain the absence and failure of notification before final action is taken.
(b) An employee separated for job abandonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification.
15.4 Layoff – Whenever, in the judgment of the City Council, it becomes necessary to abolish any position, the employee holding such position or employment may be laid off or demoted without disciplinary action and without the right of appeal. City employees shall not have bumping rights.
(a) Order of Layoffs – The City shall consider seniority, evaluation rating and the needs of the City to determine the order of layoffs.
15.5 Furloughs – In the case that the City implements a work furlough for employees, qualifying employees shall continue to receive the same level health and retirement benefits that existed prior to the furlough.
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SECTION 16. DISCIPLINE POLICY AND PROCEDURES
16.1 Causes for Discipline – Employees may be disciplined for, including but not limited to, any of the following causes of discipline:
(a) Violation of any department rule, City policy or City regulation, ordinance or resolution;
(b) Absence without authorized leave;
(c) Excessive absenteeism and/or tardiness as defined by the employee’s department head, and/or these Policies;
(d) Use of disability leave in a manner not authorized or provided for pursuant to the disability leave policy or other policies of the City;
(e) Making any false statement, omission or misrepresentation of a material fact; (f) Providing wrong or misleading information or other fraud in securing appointment, promotion or maintaining employment;
(g) Unsatisfactory job performance;
(h) Inefficiency;
(i) Malfeasance or misconduct, which shall be deemed to include, but shall not be limited to the following acts or omissions: the damaging of City property, equipment, or vehicles, or the waste of City supplies through negligence or misconduct.
(j) Insubordination; or insulting or demeaning the authority of a supervisor or manager;
(k) Dishonesty;
(l) Theft;
(m) Violation of the City’s or a department’s confidentiality policies, or disclosure of confidential City information to any unauthorized person or entity; (n) Misuse or unauthorized use of any City property, including, but not limited to:
physical property, tools, equipment, City communication systems, City vehicles or Intellectual Property;
(o) Mishandling of public funds;
(p) Falsifying any City record;
(q) Discourteous treatment of the public or other employees;
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(r) Failure to cooperate with employee's supervisor or fellow employees; (s) Violation of the City’s Drug-Free Workplace Policy; (t) Violation of the City’s Policy Against Harassment, Discrimination and Retaliation; (u) Violation of the City’s Workplace Security Policy;
(v) Unapproved outside employment or activity that violates the City’s policy, or other enterprise that constitutes a conflict of interest with service to the City; (w) Any conduct that impairs, disrupts or causes discredit to the City, the employee's City employment, to the public service, or other employee's employment; (x) Failure to comply with Cal-OSHA Safety Standards and City safety policies; (y) Altering, falsifying, and tampering with time records, or recording time on another employee's time record; or
(z) Working overtime without prior authorization or refusing to work assigned overtime; and
(aa) Carrying firearms or other dangerous weapons.
16.2 Types of Discipline – The following are types of discipline which the City may impose on all employees.
(a) Oral Warning – An oral warning should include the performance the employee is to take in the future and consequences for failure to correct the problem for which the employee is being warned. An oral warning shall be memorialized in writing and retained in the supervisor’s file. An oral warning may not be appealed under this policy.
(b) Written Warning – In the event that an employee should need more than an Oral Warning, the employee may be issued a written warning through the filing of an Employee Warning/Incident Report. This report is placed in the employee's personnel file and a copy given to the employee with a complete statement regarding reason for such warning. A third warning given for the same reason constitutes cause for dismissal. A written warning may not be appealed under this policy.
(c) Suspension Without Pay – The City may suspend an employee from his/her position without pay for up to thirty (30) calendar days for cause. Documents related to a suspension shall become part of the employee’s personnel file when the suspension is final. An employee subject to suspension will receive prior written notice and appeal as provided under this policy.
(d) Demotion – The City may demote an employee from his or her position for cause.
Documents related to a demotion shall become part of the employee’s personnel
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file when the demotion is final. An employee subject to demotion will be entitled to prior written notice and appeal as provided under this policy. (e) Reduction in Pay – The City may reduce an employee’s pay for cause. A reduction in pay for disciplinary purposes may take one of two forms:
(1) a decrease in salary to a lower step within the salary range, or (2) a decrease in salary paid to an employee for a fixed period of time.
Documents related to a reduction in pay shall become part of the employee’s personnel file when the reduction in pay is final.
(3) An employee subject to a reduction in pay is entitled to prior written notice and appeal as provided under this policy.
(f) Dismissal – The City may dismiss an employee from his or her position for cause.
Documents related to the dismissal shall become a part of an employee’s personnel file when the dismissal is final. A dismissed employee is entitled to prior written notice and appeal as provided under this policy.
16.3 Discipline Procedures – The following discipline procedures shall not apply to the City’s at-will employees. The City’s at-will positions are referenced in City of Grand Terrace Municipal Code Section 2.24.020. In addition, all probationary employees are at-will. Accordingly, at-will employees may be terminated or otherwise disciplined without cause. (a) The following discipline procedure shall only apply in the case of a disciplinary action of suspension without pay of more than three days, demotion, reduction in pay, or dismissal.
(1) Disciplinary “Skelly” Notice to Employee – Written notice of the intended action shall be given to the employee setting forth the following information:
(i) Grounds for discipline;
(ii) Act or omission giving rise to intended discipline; (iii) Effective date for intended discipline;
(iv) All documents or records considered in recommending the intended discipline;
(v) The time and date by which the employee can respond; and (vi) Notice that failure to respond at the time specified shall constitute a waiver of the right to respond prior to final discipline being imposed. (2) Response by Employee and Skelly Meeting – If the employee requests a Skelly meeting to respond orally to the charge(s), the designated Skelly
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officer shall conduct an informal meeting with the employee, at which the employee has an opportunity to rebut the charges against him or her and present any mitigating circumstances. The Skelly officer will consider the employee’s presentation before any final disciplinary action. (3) Final Notice of Discipline to Employee – In the case of disciplinary action of suspension without pay of more than three days, demotion, reduction in pay or dismissal, within five working days, the Skelly officer shall review the information which formed the basis for the action and the employee's response. The Skelly officer shall issue a final notice affirming, modifying or rejecting the intended discipline.
(i) If the final notice imposes discipline it shall set forth the following:
level of discipline to be imposed and the effective date of the discipline;
(ii) the specific charges upon which the discipline is based, including the act or omission giving rise to the discipline;
(iii) all documents or records upon which the discipline is based; and a statement of the nature of the employee’s right to appeal. (4) The final notice shall be sent by mail method that verifies delivery to the last known address of the employee, or delivered to the employee in person. (i) It shall be the responsibility of the employee to inform the City of his/her address.
(ii) If the notice is not deliverable because the employee has moved without notifying the City or the employee refuses to accept delivery, the effective date of discipline shall be the date the post office attempted delivery.
(b) Discipline Appeal Procedures – The following discipline appeal procedures shall not apply to the City’s at-will employees. The City’s at-will positions are defined in the City of Grand Terrace Municipal Code Section 2.24. Accordingly, at-will employees may be terminated without cause.
(1) The following discipline appeal procedure shall only apply in the case of a disciplinary action of suspension without pay of more than three (3) days, demotion, reduction in pay or dismissal.
(i) Request for Appeal Hearing – An employee who receives a final notice of discipline shall have ten (10) working days from receipt of the notice or attempted delivery by the post office of the notice to the last known address of the employee, to file with the Personnel Officer a written request for an appeal hearing. If the employee fails to file a written request for an appeal hearing within the
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aforementioned time frame, the employee will have waived his/her right to an appeal hearing and appeal of the discipline. (ii) Hearing Officer – The appeal hearing officer shall be the City Manager or a designated hearing officer by the City Manager. The City Manager shall determine who will serve as the hearing officer.
1. In cases where the City Manager must serve as the Skelly officer, the City Manager shall not be the appeal hearing officer. Nor in such case shall the City Manager participate in the designation of the hearing officer. In such cases, the City Council shall hear the appeal or designate a hearing officer to hear the appeal on its behalf. The City Council shall determine who will serve as the hearing officer.
(iii) Hearing Date – After the selection of a hearing officer, a date shall be selected by the Personnel Officer for the hearing. The employee shall be notified in writing at least ten (10) working days prior to the hearing of the scheduled date.
(iv) Prehearing Notice of Witnesses – Five (5) working days prior to a hearing, each party shall identify to the opposing party all witnesses and documents which the party disclosing the information intends to use at the hearing. Failure to disclose a witness or document shall require its exclusion from the hearing.
(v) Hearing Closed – The hearing shall be a closed hearing unless the employee requests in writing five working days prior to the hearing that the hearing be open to the public.
(vi) Record of Hearing – The hearing shall be recorded, either electronically or by a court reporter, at the option of the City. If the employee requests a court reporter, the employee shall pay the cost of the reporter. Any party who requests a transcript of the proceedings must pay for his/her/its own copy of the transcript. (vii) Subpoenas – Upon the request of either party, and upon his/her own motion, the hearing officer shall have the power to issue subpoenas to compel attendance at any hearing held under this rule. Each party is responsible for serving his/her own subpoenas. The appealing employee shall not be required to subpoena City employees, but rather must provide five (5) days’ notice before the hearing begins to the hearing officer of the request to have the employee appear.
City employees who are called to appear to testify during working hours will be released with pay to appear at the hearing. City employees who are called to appear to testify during non-working hours will be compensated for the time they actually testify and for which they are engaged to wait to testify.
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(viii) Employee Appearance – The employee shall appear personally before the hearing officer at the time and place set for the hearing.
The employee may be represented by any person he or she may select.
(2) Conduct at the Hearing
(i) All testimony shall be by oath or affirmation.
(ii) The conduct and decorum of the hearing shall be under the control of the hearing officer. No party or representative shall by written submission or oral presentation disparage the intelligence, integrity or personal behavior of their adversaries or the hearing officer. (iii) Direct and cross-examination of witnesses shall be permitted. (iv) Hearings need not be conducted according to technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determining the truth.
(v) The quantum of proof to be applied by the hearing officer shall be a preponderance of the evidence.
(vi) The hearing officer shall not have the power to alter, amend, change, add to, or subtract from any of the terms of these rules or City Council resolution bearing upon the matter.
(3) Decision – Within forty-five (45) days of the conclusion of the hearing, the hearing officer shall make findings and a recommended decision with reference to the discipline imposed. In doing so, the hearing officer’s findings and recommendations must address all charges, and shall articulate reasoning which bridges the analytical gap between the evidence and the findings/recommendations.
(i) If the City Manager, or City Council where the City Manager is not conducting the appeal, did not serve as the hearing officer, he/she/it shall review the findings and recommendations of the designated hearing officer and may then affirm, revoke, or modify the findings, recommendations, or disciplinary action taken.
(ii) The decision of the City Manager/City Council is final except for judicial review pursuant to Code of Civil Procedure §1094.5. There is no process for reconsideration.
(iii) A copy of the decision shall be sent by mail method that verifies delivery to the last known address of the employee. It shall be the responsibility of the employee to inform the City of his/her address.
A copy of the decision shall also be provided to the Personnel Officer.
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(iv) Challenge by Writ – Pursuant to Code of Civil Procedure section 1094.6, the parties have ninety (90) days from the date of the proof of service of mailing of the written findings and decision to appeal the City’s decision on the appeal to the Superior Court in and for the County of San Bernardino.
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SECTION 17. GRIEVANCE PROCEDURE
17.1 A grievance is an alleged violation of a specific provision of these rules and regulations.
The following grievance procedure shall apply to all City employees, except in instances where the discipline policy and procedures apply. The grievance procedure shall not be utilized to challenge a performance evaluation.
17.2 Step I: Informal Resolution with Supervisor – The employee shall, within ten (10) working days of the event or action being grieved, first attempt to resolve the grievance informally through discussion with his/her immediate supervisor in order to, in good faith, endeavor to clarify the matter expeditiously and informally at the employee-supervisor level. The immediate supervisor shall provide a written response to the grievance within five (5) working days of the employee having initiated the grievance.
17.3 Step II: Department Head – If the employee believes that the grievance has not been resolved through Step I, or the immediate supervisor does not provide a response within the period set forth in 17.2 above, the employee may file written grievance with his/her Department Head.
Such appeal must be filed within ten (10) working days of the response provided by the supervisor or, in the absence of such response, within ten (10) working days of the expiration of the time within which the supervisor is to have provided a response as set forth in 17. The grievance must provide the specific rule(s) alleged to have been violated, a description of the facts upon which the grievance is based and must be signed by the grievant. The Department Head shall consider and discuss the grievance with the grievant and the grievant’s designated representative as he/she deems appropriate, and shall, within fifteen (15) working days of receipt of the written grievance, submit his/her decision in writing to the grievant.
17.4 Step III: Personnel Officer – If the employee believes that the grievance has not been resolved through Step II, the employee may appeal the grievance decision of the department head with the Personnel Officer within ten (10) working days of the Department Head response or, in the absence of such response, within ten (10) working days of the expiration of the time within which the Department head is to have provided a response. The appeal must be in writing and provide the specific rule(s) alleged to have been violated, a description of the facts upon which the grievance is based and must be signed by the grievant. The Personnel Officer shall consider and discuss the grievance with the grievant and the grievant’s designated representative as he/she deems appropriate, and shall, within ten (10) calendar days of receipt of the written grievance, submit his/her decision in writing to the grievant. The decision of the Personnel Officer shall be final.
17.5 Time Limits – Failure of the City to comply with the time limits of the grievance procedure specified above shall be deemed a denial of the grievance by the City and entitle the grievant to appeal to the next level of review. Failure of the grievant to comply with the time limits of the grievance procedure specified above shall terminate the grievance and constitute a waiver and abandonment of the grievance by the employee. The parties may extend time limits by mutual written agreement in advance of the time limit deadline.
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SECTION 18. PERSONNEL FILE
18.1 The City maintains a personnel file on each employee. An employee’s personnel file will contain only material that is necessary and relevant to the administration of the City’s personnel program. Personnel files are the property of the City, and access to the information they contain is restricted.
18.2 Notification of Changes in Personal Information – Each employee is responsible to promptly notify the Personnel Officer of any changes in relevant personal information, including but not limited to:
(a) Mailing address
(b) Telephone number
(c) Persons to contact in emergency
(d) Number and names of dependents
18.3 Medical Information
(a) Separate Confidential Files – All medical information about an employee or applicant is kept separately and is treated as confidential, in accordance with applicable state or federal law.
(b) Information in Medical Files – The City will not obtain medical information about an employee or applicant except in compliance with the California Confidentiality of Medical Information Act. To enable the City to obtain certain medical information, the employee or applicant may need to sign an AUTHORIZATION FOR RELEASE OF EMPLOYEE MEDICAL INFORMATION.
(c) Access to Medical Information – Access to employee or applicant medical information shall be strictly limited to only those with a legitimate need to have such information for City business reasons, or if access is required by law, subpoena or court order. In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.
(d) The City will not provide employee or applicant medical information to a third party (except as permitted under the California Confidentiality of Medical Information Act) unless the employee signs an AUTHORIZATION FOR RELEASE OF EMPLOYEE MEDICAL INFORMATION in the form attached to this rule. The City will release only the medical information that is identified in the employee’s authorization. If the employee’s authorization indicates any limitations regarding the use of the medical information, the City will communicate those limitations to the person or entity to which it discloses the medical information.
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18.4 References and Release of Information in Personnel Files (a) Public Information – Upon request, the City will release to the public, information about its employees as required by the Public Records Act. The City will not disclose personnel information if it believes doing so would constitute an unwarranted invasion of personal privacy.
(b) Reference Checks – All requests from outside the City for reference checks or verification of employment concerning any current or former employee must be referred to the Personnel Officer.
(1) Information will be released only if the employee signs an
AUTHORIZATION FOR RELEASE OF EMPLOYMENT
INFORMATION in the form attached to this rule, except that without such authorization, the following limited information will be provided: dates of employment, and salary upon departure.
(2) Department heads and supervisors should not provide information in response to requests for reference checks or verification of employment, unless specifically approved by the Personnel Officer on a case-by-case basis.
18.5 Employee Access to Personnel File
(a) Inspection of File –An employee may inspect his or her own personnel file, at reasonable times and at reasonable intervals. An employee who wishes to review his or her file should contact the Personnel Officer to arrange an appointment. The review must be done in the presence of the Personnel Officer or designee. (b) Copies – On request, an employee is entitled to receive a copy of any employmentrelated document he or she has signed. An employee who wishes to receive such a copy should contact the Personnel Officer. The City may charge a reasonable fee for the copies.
(c) In the event the employee wishes to have another person/representative inspect his or her personnel file, the employee must provide the person/representative with written authorization. The Personnel Officer will notify the employee of the date, time and place of the inspection in writing. It is the employee’s responsibility to notify the person to whom the employee has given written authorization of the date, time and place of the inspection.
(d) Under no circumstances is the employee and/or the employee’s designee permitted to add or remove any document or other item from the employee’s personnel file during the inspection.
18.6 Access to Confidential Information - During the course of employment, the HR Department may access and become aware of an array of highly sensitive and personal information concerning the City’s employees, volunteers, contractors/consultants, and applicants. This
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information comes from multiple sources, including individuals, departments, or third parties, and in many forms, including electronic, paper, conversations, or recordings. Such information may only be accessed, reviewed, discussed, or disclosed to other parties only when the access, review, discussion, or disclosure is legally required, necessary to the performance of an employee’s job duties, or essential to the operation of the City, and then only to those with City business related need to know.
Any sensitive and/or personal information regarding the City’s employees, volunteers, contractors/consultants, and applicants acquired during the course of employment may not be utilized for personal gain or benefit. This information may not be altered, changed, modified, added to, or deleted unless such action is authorized by the employee’s supervisor or appropriate official.
The misuse of any sensitive and personal information concerning the City’s employees, volunteers, contractors/consultants, and applicants is a violation of policy and represents grounds for immediate disciplinary action, up to and including termination, and may also subject an employee, including but not limited to, employees in the HR Department, to legal action.
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SECTION 19. OUTSIDE EMPLOYMENT
19.1 A City employee shall not engage in any employment, enterprise, or outside activity which is in conflict with his/her duties, functions, responsibilities, or the department by which he/she is employed, nor shall an employee engage in any compensatory outside activity which will directly, or indirectly, contribute to the lessening of his/her effectiveness as a City employee.
19.2 Authorization
(a) Any employee wishing to engage in an occupation or outside activity for compensation shall inform the Department Head of such desire, providing information as to the time required and the nature of such activity, and such other information as may be required; and the Personnel Officer shall determine whether or not such activity is compatible with the employee's City employment. (b) If the Personnel Officer determines such activity is compatible, he/she may authorize the activity in writing using the "Outside Employment Form" to be placed in the personnel file.
(c) Said authorization shall be valid only up to one year for the work prescribed therein, and may include conditions or restrictions for such employment. After such time, the employee must renew the request for authorization.
19.3 Determination of Inconsistent Activities
(a) In making a determination as to the consistency or inconsistency of outside activities, the Personnel Officer shall consider, among other pertinent factors whether the activity:
(1) Involves the use for private gain or advantage of City time, facilities, equipment, and supplies, or the badge, uniform, prestige, or influence of one's City office or employment;
(2) Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course of his/her City employment; (3) Involves the performance of an act in other than his/her capacity as a City employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by such employee or the department by which he/she is employed; and
(4) Involves conditions or factors which would probably directly or indirectly lessen the efficiency of the employee in his/her regular City employment or conditions in which there is a substantial danger of injury or illness to the employee.
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19.4 Revocation
Authorization may be granted for up to one (1) year as noted in the authorization, and is subject to revocation by the Personnel Officer.
19.5 Appeal – Denial or revocation of permission to engage in Outside Employment is subject to appeal pursuant to the grievance procedure set forth in these regulations.
19.6 Use of City Equipment Prohibited
(a) No City owned equipment, autos, trucks, instruments, tools, supplies, machines, or any other item which is the property of the City shall be used by an employee while said employee is engaged in any outside employment or activity for compensation, for personal use, except upon prior written approval of the City Manager. (b) No employee shall allow any unauthorized person to rent, borrow, or use any of the items mentioned in (a) above, except upon prior written approval of the City Manager.
19.7 Violations and Penalties
Any violation of the provisions herein contained respecting outside employment or activity and use of City property shall constitute sufficient grounds for disciplinary action, including termination of the employee from the City service.
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SECTION 20. DISCRIMINATION, HARASSMENT AND RETALIATION POLICY
20.1 The purpose of this policy is to establish a strong commitment to prohibit and prevent discrimination, harassment, and retaliation in employment; to define those terms; and to establish a procedure for investigating and resolving internal complaints. The City requires all covered individuals to report-as soon as possible-any conduct that is believed to violate this policy.
20.2 The City has zero tolerance for any conduct that violates this policy. Conduct need not arise to the level of a violation of law to violate this policy. Instead a single act can violate this policy and provide grounds for discipline or other appropriate sanctions.
20.3 Harassment or discrimination against an applicant or employee by a supervisor, management employee, elected or appointed official, co-worker, member of the public, or contractor on the basis of race, color, religion, sex, gender, gender expression, gender identity, national origin, ancestry, citizenship, age, marital status, physical or mental disability, medical condition, genetic information, sexual orientation, veteran status or any other basis protected by law as defined below, will not be tolerated.
20.4 This policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.
20.5 Disciplinary action or other appropriate sanction up to and including termination will be instituted for prohibited behavior as defined below.
20.6 Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this policy will be subject to appropriate sanction or disciplinary action up to and including termination.
20.7 Definitions
(a) Protected Classification – This policy prohibits harassment or discrimination because of an individual's protected classification. "Protected Classification" includes race, color, religion, sex, gender, gender expression, gender identity, national origin, ancestry, citizenship, age, marital status, physical or mental disability, medical condition, genetic information, sexual orientation, veteran status or any other basis protected by law.
(b) Policy Coverage – This policy prohibits the employer, elected or appointed officials, officers, employees or contractors from harassing or discriminating against applicants, officers, officials, employees, or contractors because of: 1) an individual's protected classification; 2) the perception that an individual has a protected classification; or 3) the individual associates with a person who has or is perceived to have a protected classification.
(c) Discrimination – This policy prohibits treating individuals differently because of the individual's protected classification as defined in this policy.
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(d) Harassment – Harassment may include, but is not limited to, the following types of behavior that is taken because of a person's protected classification. Note that harassment is not limited to conduct that City employees take. Under certain circumstances, harassment can also include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public:
(1) Speech, such as epithets, derogatory comments or slurs, and propositioning on the basis of a protected classification. This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race-oriented stories and jokes. (2) Physical acts, such as assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement. This includes pinching, grabbing, patting, propositioning, leering, or making explicit or implied job threats or promises in return for submission to physical acts.
(3) Visual acts, such as derogatory posters, cartoons, emails, pictures or drawings related to a protected classification.
(4) Unwanted sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual's work performance or create an intimidating, hostile, or offensive working environment. (e) Guidelines for Identifying Harassment – To help clarify what constitutes harassment in violation of this policy, use the following guidelines:
(1) Harassment includes any conduct which would be "unwelcome" to an individual of the recipient's same protected classification and which is taken because of the recipient's protected classification.
(2) It is no defense that the recipient appears to have voluntarily "consented" to the conduct at issue. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.
(3) Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome.
Harassment can evolve over time. Small, isolated incidents might be tolerated up to a point. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future. (4) Even visual, verbal, or physical conduct between two employees who appear to welcome the conduct can constitute harassment of a third
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applicant, officer, official, employee, or contractor who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual.
(5) Conduct can constitute harassment in violation of this policy even if the individual engaging in the conduct has no intention to harass. Even wellintentioned conduct can violate this policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient's same protected classification would find it offensive (e.g., gifts, over attention, endearing nicknames).
(f) Retaliation – Any adverse conduct taken because an applicant, employee, or contractor has reported harassment or discrimination, or has participated in the complaint and investigation process described herein, is prohibited. "Adverse conduct" includes but is not limited to: taking sides because an individual has reported harassment or discrimination, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment or discrimination, or real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination. The following individuals are protected from retaliation: those who make good faith reports of harassment or discrimination, and those who associate with an individual who is involved in reporting harassment or discrimination or who participates in the complaint or investigation process.
20.8 Actions to be Taken Upon Learning of Possible Harassment or Discrimination (a) Upon becoming aware of possible harassment or discrimination, any supervisor or manager shall immediately:
(1) Take steps to ensure that the complained of conduct ceases and does not recur.
(2) Report the possible harassment or discrimination through the chain of command to the Personnel Officer for further investigation and action as may be appropriate.
(b) Upon receiving notification of a harassment or discrimination complaint, the Personnel Officer shall:
(1) Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will include interviews with: 1) the complainant; 2) the accused harasser; and 3) other persons who have relevant knowledge concerning the allegations in the complaint. (2) Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes a violation of this policy or of state or federal law, giving consideration to all factual information, the
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totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
(3) Report a summary of the determination as to whether a violation occurred to appropriate persons, including the complainant, the alleged violator, the supervisor, and the department head. If discipline is imposed, the level of discipline will not be communicated to the complainant. (4) If conduct in violation of this policy occurred, take or recommend to the appointing authority prompt and effective remedial action. The remedial action will be commensurate with the severity of the offense. (5) Take reasonable steps to protect the complainant from further harassment, discrimination, or retaliation.
(6) Take reasonable steps to protect the complainant from retaliation as a result of communicating the complaint.
(c) The City takes a proactive approach to potential policy violations and will conduct an investigation if its supervisors, or managers become aware that harassment, discrimination, or retaliation may be occurring, regardless of whether the recipient or third party reports a potential violation.
(d) Option to Report to Outside Administrative Agencies – An individual has the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal remedies and a complaint process. The nearest offices are listed in the government section of the telephone book or employees can check the posters that are located on City bulletin boards for office locations and telephone numbers.
20.9 Confidentiality – Every possible effort will be made to assure the confidentiality of complaints made under this policy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible.
(a) An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by the Personnel Officer.
(b) Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.
(c) The City will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
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20.10 Responsibilities
(a) Managers and Supervisors – All City managers and supervisors are responsible for:
(1) Informing employees of this policy.
(2) Modeling appropriate behavior.
(3) Taking all steps necessary to prevent harassment, discrimination, or retaliation from occurring.
(4) Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.
(5) Monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language.
(6) Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
(7) Informing those who complain of harassment or discrimination of his or her option to contact the EEOC or DFEH regarding alleged policy violations. (8) Assisting, advising, or consulting with employees and the Personnel Officer regarding this policy and complaint procedure.
(9) Assisting in the investigation of complaints involving employee(s) in their departments and, if the complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with these rules, up to and including discharge.
(10) Implementing appropriate disciplinary and remedial actions. (11) Reporting potential violations of this policy of which he or she becomes aware, regardless of whether a complaint has been submitted, to the Personnel Officer or department head.
(12) Participating in periodic training and scheduling employees for training. (b) Employees – Each employee or contractor is responsible for:
(1) Treating all employees and contractors with respect and consideration. (2) Modeling appropriate behavior.
(3) Participating in periodic training.
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(4) Fully cooperating with the City's investigations by responding fully and truthfully to all questions posed during the investigation. (5) Maintaining the confidentiality of any investigation that the employer conducts by not disclosing the substance of any investigatory interview, except as directed by the Personnel Officer.
(6) Reporting any act he or she believes in good faith constitutes harassment, discrimination, or retaliation as defined in this policy, to his or her immediate supervisor, or department head, or Personnel Officer.
20.11 Dissemination of Policy – All employees shall receive a copy of this policy when they are hired. The policy may be updated from time to time and redistributed.
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SECTION 21. POLITICAL ACTIVITY POLICY
21.1 The City recognizes the importance of citizens being involved in the political and government process and being informed on public issues and candidates for public office.
However, federal, state, and local law determines what is legal versus illegal political activity.
21.2 This policy applies to all City employees including the City Manager, department heads and supervisors. Other City representatives, such as elected and appointed officials, contractors and consultants may also be prohibited from using their official relationship with the City to endorse or oppose political candidates or initiatives.
21.3 It is unlawful for the City or its employees to expend City funds on partisan and/or political matters, and on other issues that are on a ballot for an election. Additionally, this policy prohibits the use of employees’ time, City equipment and supplies, and the payment of expenses for City officials who travel for the purpose of promoting a particular view on political matters except those expressly supported and/or sponsored by an act of the City Council.
21.4 The City may also prohibit or limit the solicitation or receipt of political funds or contributions to promote the passage or defeat of a ballot measure concerning working conditions during the working hours of its officers and employees. The City also has the right to limit entry into City offices for such purposes during working hours.
21.5 California Government Code prohibits officers and employees of the City from directly or indirectly soliciting political funds or contributions from other officers or employees of the City unless the solicitation is done through the mail and is part of a solicitation directed to a large segment of the public, which may incidentally include officers from and employees of the City.
This is designed to protect employees from feeling pressured into contributing to political causes or for fear that if they fail to do so, their job will be affected.
21.6 No City employee or official shall participate in political activities of any kind while in uniform or other clothing issued by the City and which would reasonably identify the wearer as a City employee.
21.7 City employees and officials are prohibited from engaging in political activity or solicitation during working hours and on City property.
21.8 The City expects all employees and elected and appointed officials to be responsible for adhering to the City’s policy regarding political activities. Additionally, contractors, consultants, or others doing business for or with the City will be required to abide by the City’s policy regarding political activities while engaged in City business or activities.
21.9 It is the responsibility of the City Manager, all Department Heads, and other supervisors to use their best efforts to take necessary and proper steps, including corrective or disciplinary action, to prevent improper or illegal political activities by City employees.
21.10 Any employee who feels that improper political activities are occurring on City property is strongly encouraged to report this to his/her supervisor, department head, or the Personnel Officer.
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21.11 In determining whether a reported political activity is improper, management will consider the totality of circumstances, the nature of the act or behavior, and the context in which the reported incident occurred.
21.12 Individuals found to have engaged in any form of improper or illegal political activity, as defined by this policy or by law, will be subject to disciplinary action, according to the City’s corrective and disciplinary procedures, which will be based on a number of factors including the severity of the conduct and the past history of the individual’s conduct.
21.13 Questions about this policy should be directed to the Personnel Officer.
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SECTION 22. DRUG AND ALCOHOL POLICY
22.1 The City is concerned about employees being under the influence of, using and/or being in possession of alcohol, drugs and/or controlled substances at work. The purpose of this policy is to promote a drug and alcohol-free workplace and to eliminate substance abuse and its effects in the workplace.
22.2 The manufacture, distribution, dispensation, possession, or use of alcohol or any controlled substance is prohibited in both City workplaces and wherever City business is performed.
22.3 A City employee is prohibited from working or being subject to call in if impaired by alcohol or any controlled substance.
22.4 An employee must notify his/her Department Head before beginning work when taking medications or drugs which the employee has been told or which the employee believes could interfere with the safe and effective performance of duties or operation of City equipment. If there is a question regarding an employee’s ability to perform assigned duties safely and effectively while using prescribed or over the counter medications, the City may require medical clearance.
22.5 Compliance with this policy is a condition of City employment. Disciplinary action will be taken against those who violate this policy.
22.6 Employees who are required to participate in the City’s “Federally Mandated Commercial Driver’s License Holders Drug/Alcohol Testing Education Program” are subject to requirements contained in this policy as well as the mandated policy.
22.7 Scope of Policy – This policy applies to all City employees when they are on City property or when performing City-related business elsewhere.
22.8 Searches -- In order to promote a safe, productive and efficient workplace, the City has the right to search and inspect all City property, including but not limited to lockers, storage areas, furniture, City vehicles, and other places under the common control of the City, or joint control of the City, and employees. No employee has any expectation of privacy in any City building, property, or communications system.
(a) In addition, the City may have the right to conduct searches of the persons of employees where there is reasonable suspicion that such a search may reveal evidence germane to an investigation of a violation of law or of these personnel regulations.
22.9 Drug and Alcohol Testing – Except as provided otherwise in a memorandum of understanding, or as modified for employees who are required to participate in the City’s “Federally Mandated Commercial Driver’s License Holders Drug/Alcohol Testing Education Program,” the City has discretion to test a current employee for alcohol or drugs in the following instances:
(a) Reasonable Suspicion Testing
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(1) The City may require a blood test, urinalysis, or other drug and/or alcohol screening of those persons reasonably suspected of using or being under the influence of a drug or alcohol at work.
(i) Testing must be approved by the Personnel Officer.
(ii) The type of testing to be completed will be determined by the City based on the nature of the substance in question.
(2) “Reasonable suspicion” is based on objective factors, such as behavior, speech, body odor, appearance, or other evidence of recent drug or alcohol use which would lead a reasonable person to believe that the employee is under the influence of drugs or alcohol at work.
(i) In order to receive authority to test, the supervisor must record the factors that support reasonable suspicion and discuss the matter with the Personnel Officer or Department Head.
(ii) If there is a reasonable suspicion of drug or alcohol abuse at work, the employee will be relieved from duty and placed on sick or other paid leave until the test results are received.
(b) Post-Accident Testing – The City may require alcohol or drug screening following any work-related accident or any violation of safety precautions or standards, whether or not an injury resulted from the accident or violation, provided that the “reasonable suspicion” factors described above are present.
22.10 Employee’s Responsibilities
A City employee must:
(a) Not report to work or be on standby or on-call status while his or her ability to perform job duties is impaired due to on or off duty alcohol or drug use; (b) Not possess or use controlled substances (illegal drugs or prescription drugs without a prescription) at any time, or use alcohol at any time while on City property or while on duty for the City at any location;
(c) Not directly or indirectly through a third party manufacture, sell, distribute, dispense, or provide controlled substances to any person, including any employee, at any time; or manufacture, sell, distribute, dispense or provide alcohol to any employee while either or both are on duty;
(d) Notify his or her supervisor, before beginning work, when taking any medications or drugs, prescription or nonprescription, which may interfere with the safe and effective performance of duties or operation of City equipment; (e) Notify the Personnel Officer of any criminal conviction for a drug violation that occurred in the workplace within no more than five days after such conviction;
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(f) Notify the supervisor immediately of facts or reasonable suspicions when he or she observes behavior or other evidence that a fellow employee poses a risk to the health and safety of the employee or others;
(g) Consent to drug or alcohol testing and searches pursuant to this policy; and (h) Follow the City’s drug and alcohol-free workplace policy.
22.11 Management Responsibilities – City department heads and executive management employees must:
(a) Notify the state or federal granting agency which has funded the work or program, if any, of any criminal drug statute convictions for a violation that occurred at a site where work is/was being done with a specific grant or contract; (b) Record factors supporting “reasonable suspicion” as defined above and consult with other management staff in order to determine whether there is reasonable suspicion to test an employee as described by this policy; (c) Take appropriate disciplinary action up to and including termination for any criminal drug statute conviction that has a nexus to the employee’s employment, or require that the convicted employee participate satisfactorily in a drug abuse assistance or rehabilitation program as a condition for returning to duty; (d) Take appropriate disciplinary action for any violation of this policy consistent with existing discipline procedures;
(e) Enforce this policy;
(f) Report any suspected violation of this policy to the Personnel Officer; and (g) Any supervisor who knowingly permits a violation of this policy by any employee shall be subject to disciplinary action.
22.12 Drug-Free Awareness Program – The City shall notify each employee of the availability of counseling and treatment of drug-related problems through the City’s Employee Assistance Program provider.
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SECTION 23. USE OF CITY PROPERTY AND EQUIPMENT POLICY
23.1 City property is to be used only for conducting City business unless otherwise authorized.
City property includes, but is not limited to: telephones, cell phones, desks, computers (including hardware and software), file cabinets, lockers, communications stored or transmitted on City property (such as e- and voice-mails), vehicles and any other City property used by City employees in their work. Employees do not have a reasonable expectation of privacy in City property or equipment.
23.2 City property may be monitored and searched at any time and for any reason. Messages sent or received on City equipment including cell phones may be saved and reviewed by others.
As a result, City employees have no expectation of privacy in the messages sent or received on City property or equipment.
23.3 Every City employee is required to adhere to all City rules and policies while on City property or using City property or equipment.
23.4 Use of City Vehicles
(a) This policy establishes procedures regarding the effective and economical usage of City owned pool and privately owned vehicles operated during the course of City business. Use of City owned pool vehicles shall be relied upon as the primary means of vehicle usage for City business, as it provides the greatest control over operating costs, usage, maintenance, inspection and insurance.
(b) This policy has been approved by the City for use in matters regarding the use of all vehicles operated during the course of City business. This policy does not apply to commercial motor vehicles.
(c) Assignment of Responsibility –
(1) The Personnel Officer shall keep a list of all employees who may be required to drive City owned pool or privately owned vehicles on City business.
(2) The Personnel Officer shall also be responsible for overseeing the implementation of necessary driver training programs and ensuring that employees who require such training are in attendance.
(3) All City employees whose duties may require them to drive in the course and scope of employment shall promptly provide insurance and driver license information at the time City employment is established. Employees are to comply with all training and other reporting requirements of this policy.
(d) Use of City Owned Vehicles
(1) City owned pool vehicles fall into the following three categories and have restrictions based upon type and use:
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(i) Vehicles kept overnight at City facilities and assigned for use on a shared or designated basis during the course of daily City business.
Personal use is expressly prohibited.
(ii) Vehicles assigned to managers on a permanent basis, and used for daily commuting to and from the City. According to the Internal Revenue Service, commuting to and from work and any other incidental personal usage is not considered official use, and must be reported as imputed taxable income.
(iii) Vehicles designed for emergency or on-call use, and authorized for use to and from work in order to respond on a 24-hour basis.
Employees authorized to operate emergency or on-call vehicles may make reasonable but limited stops before and after assigned work shifts while traveling to and from work.
(iv) Only City employees are authorized to operate City owned pool vehicles.
(2) City owned pool vehicles are for transporting only those employees whose duties require the use of a motor vehicle, and such other persons whose business activities are important to City interests.
(i) In general, family members, friends or others may not be transported in City owned pool vehicles, including in those vehicles authorized for use commuting to and from the City or designated for emergency or on-call use. Prior written approval from the Personnel Officer is required before transporting family members, friends or others. (ii) Employees who have a City owned pool vehicle permanently assigned to them and/or City owned pool vehicles assigned for use within their department are responsible for ensuring that only those persons with a valid driver's license and on official City business are allowed use of the City owned pool vehicle.
23.5 Use of Privately Owned Vehicles – There are times where the use of an employee’s personal vehicle is preferable because either a City owned pool vehicle is not available or because the use of a privately owned vehicle is deemed more efficient. When such is the case, the following shall apply:
(a) An employee may use his/her privately owned vehicle when he/she has a transportation need for City business and upon written authorization by his/her supervisor. This written authorization may be general and ongoing where the need to drive in the course and scope of employment is recurrent or ongoing; or, may be specific to a date if the need is an exception to the norm. (b) Employees are to contact their personal insurance company if involved in an accident while on City business. An Accident Kit must be obtained from the
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Personnel Officer and kept with the privately owned vehicle while operating on City business.
(c) It is the responsibility of the individual utilizing his/her privately owned vehicle to maintain accurate records of the purpose and extent of his/her travel, and to make substantiated claims for reimbursement. The vehicle and/or mileage allowance is intended to cover the employee’s cost of operating the vehicle on City business, including the cost of insurance. Further, all operating expenses of the privately owned vehicles are to be borne by the employee. This includes, but is not limited to, gasoline, oil, maintenance, wear and tear, depreciation and insurance. The reimbursement will be based on the current IRS reimbursement amount. (d) The City is not liable for any damage to an employee’s personally owned vehicle, unless caused by the City’s negligence (employee’s negligence excepted). It is the responsibility of the employee operating the vehicle to notify the Personnel Officer, the Department of Motor Vehicles, and the employee’s insurance company in the case of any accident or damage.
23.6 Vehicle Operation Guidelines – Employees shall obey all federal, state and local laws while operating either City owned pool or personally owned vehicles on official City business. (a) It is the responsibility of the employee operating either a City owned pool or personally owned vehicle to ensure that all persons in the vehicle fasten seat belts before starting the engine of the vehicle and keep seat belts fastened throughout the travel.
(b) The vehicle operator is responsible for assuring that all items of cargo, materials or tools are properly secured.
(c) No person shall be allowed to ride on running boards, fenders, hoods, tailgates, beds or other locations on a vehicle not designed or approved by the vehicle manufacturer for passenger seating. An exception to this shall be emergency vehicles and vehicles designed and equipped for passengers outside the cab area. (d) Any injuries sustained by the vehicle operator or other employees while operating a vehicle on City business shall be covered by workers’ compensation. (e) No employee shall consume any alcoholic beverages, illegal drugs, or legal drugs that would impair an employee’s ability to drive prior to, or while driving either a City owned vehicle or personally owned vehicle on official City business. (f) Alcoholic beverages and drugs shall not be transported or placed in any City owned pool vehicle. This does not apply to those employees whose city duties necessitate transporting alcoholic beverages or drugs in the course and scope of employment, i.e., evidence seized by public safety officers or code enforcement personnel, maintenance personnel doing so to remove and dispose of such items as unwanted refuse if not needed for evidentiary purposes, etc.
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(g) Any employee who operates a City owned pool vehicle, regardless of frequency, is responsible for the proper care and operation of that vehicle. (h) Any vehicle damage beyond normal wear and tear or that includes defects affecting the safe operation of the vehicle must be documented and reported to the Personnel Officer.
(i) No employee shall operate a City owned pool vehicle found to be in an unsafe condition.
23.7 Driver’s License – All City employees authorized to use City-owned pool or personallyowned vehicles on City business must possess a valid California driver’s license and provide proof of licensing upon hire.
(a) All City employees must maintain in good standing a valid driver’s license appropriate for the class of vehicle to be driven and must carry that license on their person while operating a City owned pool vehicle or privately owned vehicles on City business.
(b) An employee whose driver’s license is suspended or revoked for any reason must notify the Personnel Officer no later than the first workday following suspension or revocation of their driver’s license. Such employee shall not be allowed to operate any City owned pool or privately owned vehicles on City business. (c) Employees who possess temporary driving permits or hardship licenses shall not be permitted to operate City or privately owned vehicles in the performance of official City duties.
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SECTION 24. ELECTRONIC EQUIPMENT USE POLICY
24.1 The City provides electronic equipment to employees for use as tools for efficiency in conducting City business.
(a) Electronic equipment includes instruments/devices such as:
(1) Landline telephones
(2) Mobile/cellular telephones
(3) Computers
(4) Facsimile transmission (fax) machines
(5) Photocopiers with and without scanning capabilities (b) Electronic equipment also includes systems such as:
(1) E-mail
(2) Internet and Intranet
(3) Wireless networks
(4) Data systems
(5) Voicemail
(6) City network
24.2 Electronic equipment access is provided by the City to facilitate the performance of City work.
(a) Incidental personal use is secondary, should not interfere or conflict with business use or job performance, should clearly indicate that it is personal, not City, usage, and is subject to regulation for cost controls.
(b) Electronic equipment must be used in compliance with applicable statutes, regulations, and City policies including those that require a work environment free from discrimination and harassment.
(c) Employees are expected to use common sense and judgment to avoid any communication which is disrespectful, offensive or illegal.
24.3 Electronic equipment, and communications and content sent through the City’s electronic equipment (e.g. e-mail, electronic files, text messages, voicemail), are not confidential. (a) Employees shall have no expectation of privacy.
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(b) Employees acknowledge that the City has the right without prior notice to monitor, review, access, retrieve and make proper and lawful use of all electronic equipment, and electronic communications and content contained in and transmitted through the City’s network and outside providers of wireless or electronic communications services.
(c) The existence of passwords or message delete functions does not restrict the City’s ability or right to access electronic equipment and communications and content sent through the City’s electronic equipment.
(d) In addition, where circumstances require, and the law allows, even communications on privately held electronic equipment may be subject to disclosure where the City has a legitimate business interest therein, i.e., investigations of employee misconduct, etc.
24.4 Communications Through Other Systems or Networks - Certain communications and content sent through the City’s electronic equipment (e.g. e-mail, electronic files, text messages, voicemail) to recipients on networks/systems which are outside of the City pass through networks/systems not managed by City. Some delivery methods and networks/systems impose legal restrictions regarding the nature of messages allowed. (a) Employees are expected to comply with all such regulations. Employees can create criminal and civil liability for themselves and the City by using those systems in an offensive, defamatory or illegal manner. In such event employees and other users may be subject to disciplinary action up to and including termination.
24.5 Misuse - Without exhausting all the possibilities, the following are examples of misuse of the City’s electronic equipment:
(a) Any use that violates applicable law and/or City policies, rules or procedures. (b) Exposing others unwillingly, either through carelessness or intention, to material which is offensive, harassing, obscene or in poor taste. This includes information which could create an intimidating, offensive or hostile work environment. (c) Any use that may, for a reasonable person, create or further a hostile attitude or give offense on the basis of race, color, religion, sex, gender, gender expression, gender identity, national origin, ancestry, citizenship, age, marital status, physical or mental disability, medical condition, genetic information, sexual orientation, veteran status or any other basis protected by law.
(d) Communication of confidential City information to unauthorized individuals within or outside of City.
(e) Unauthorized attempts to access data or break into any City or non-City system. (f) Theft or unauthorized copying of electronic files or data.
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(g) Initiating or sustaining chain/spam letters, e-mail or other unauthorized mass messaging communication.
(h) Intentional misrepresentation of one’s identity for improper or illegal purposes. (i) Personal commercial or business activities (e.g. “for sale” notices, personal ads, etc.).
(j) Transmitting/accessing obscene material and/or pornography. (k) E-Commerce.
(l) Online gambling.
(m) Installing or downloading unauthorized software or equipment. (n) Violating terms of software licensing agreements.
24.6 Consequences of Misuse - Employees shall be held accountable for misuse and may be disciplined in accordance with applicable City rules. The City reserves the right to restrict or rescind employees’ access to electronic equipment at its discretion. The City reserves the right to specify how the City’s network resources will be used and administered to comply with this policy.
24.7 Access to Remote Email - Unless specified in writing by the Personnel Officer, non-exempt employees are not authorized to have access to remote email via the web or mobile phone.
24.8 City Email – The City’s email system is an official communication tool for City business.
An official email address is established and assigned by the City to each employee the City deems necessary.
(a) All City communications sent via email will be sent to and from this address. City employees must use the official agency email, instead of their private email address (such as gmail, yahoo, etc.) when communicating agency business via email. (b) Should an email related to City business be sent to an employee’s personal email account, the email should be immediately forwarded to the employee’s City email account and responded to accordingly.
24.9 Cell Phone Use – All City issued cell phones are provided as a tool to conduct City related business. City cell phones are issued on an as-needed basis with the approval of the Personnel Officer. All employees shall use such devices in a responsible, appropriate, and safe manner. (a) Employees are prohibited from installing any third party equipment to City cell phones unless approved by the employee's supervisor in writing. (b) Employees have no expectation of privacy as to data residing in telecommunications devices and /or voice mail. The City may inspect that data at any time and without notice, as permitted by state and federal law.
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(c) Employees shall protect City cell phones from loss or damage. An employee assigned a City phone is responsible for its good care and will be required to reimburse the City's cost for any damage, or lost cell phones due to negligence. If such device is damaged, fails to work properly, or is stolen or lost, the employee shall immediately notify the Personnel Officer.
(d) City cell phones should only be used by employees in the performance of their official duties. Personal use, beyond incidental use, of City cell phones is strictly prohibited and will result in disciplinary action and reimbursement of charges for personal use.
(e) Employees are prohibited from using the camera function on City cell phones, except as authorized by a supervisor for work-related purposes.
24.10 Minimal Personal Use of Communications Equipment Permitted – City employees may use City telephones and e-mail for incidental personal use provided that the use:
(a) Is kept to a minimum and limited to break times or non-working hours; (b) Does not have any impact upon other City employees or operations; (c) Allows the employee to more efficiently perform City work; and (d) Is not abusive, illegal, or inappropriate.
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SECTION 25. SOCIAL MEDIA USE POLICY
25.1 The establishment and use by any employee of City social media sites are subject to approval by the City Manager. The City Manager will determine the appropriate level of employee access, which includes identifying what social media sources, or type of source, each department or individual is approved to use, as well as define their respective capabilities, i.e., publish, edit, comment or view only.
25.2 The Personnel Officer will monitor content on City social media sites to ensure adherence to this policy and the interests and goals of the City. The City reserves the right to restrict or remove any content that is deemed in violation of this policy or any applicable law. City social media sites are subject to the California Public Records Act. Any content maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure.
There shall be no expectation of privacy in any content or comments on City social media sites.
25.3 Employee Use of Social Media
(a) Employees are prohibited from using City electronic communications resources, or work time, for personal social media use. Employees are prohibited from using City email addresses to register on social networks, blogs or other online tools utilized for personal use.
(b) Employees should avoid posting on any social media site: statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage City clients, co-workers, or that might constitute harassment or bullying, particularly where the site or the content thereof might reasonable demonstrate or infer City employee or official City action. Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of race, color, religion, sex, gender, gender expression, gender identity, national origin, ancestry, citizenship, age, marital status, physical or mental disability, medical condition, genetic information, sexual orientation, veteran status or any other basis protected by law. If the content posted violates any City rule, the employee shall be subject to disciplinary action.
(c) If an employee creates personal, non-work related content on a social media site and the City is the subject of the content, the employee should be clear and open about the fact that he/she is an employee and make it clear that the views expressed do not represent those of the City, co-workers, City clients, or people working on behalf of the City; and that the employee is not speaking on behalf of City. The following disclaimer may be used: “The postings on this site are my own and do not necessarily reflect the views of the City.”
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SECTION 26. VIOLENCE IN THE WORKPLACE POLICY
26.1 The City is committed to providing a safe and secure workplace for employees and the public. The City will not tolerate acts or threats of violence in the workplace. The workplace includes any location where City business is conducted, including vehicles and parking lots. Any violation of this policy may lead to criminal prosecution, and/or disciplinary action, up to and including termination.
26.2 Prohibited Behavior – Employees are prohibited from engaging in or promoting acts of intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person while in the course of City employment. The City has zero tolerance for any conduct that references workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting.
26.3 Weapons - Employees engaged in City business are prohibited from carrying weapons in violation of any law or this policy unless weapons are required for performance of the job.
26.4 Workplace Violence or Abuse – “Workplace Violence” is any conduct 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. Specific examples of workplace violence include, but are not limited to, the following:
(a) Threats or acts of physical harm directed toward an individual or his/her family, friends, associates, or property.
(b) The destruction of or threat of destruction of City property or another employee’s property.
(c) Harassing or threatening phone calls.
(d) Surveillance.
(e) Stalking.
(f) Possession of offensive or defensive weapons (firearms, illegal knives, clubs, mace, pepper spray, tear gas, etc.) unless specifically required or authorized and approved by the Personnel Officer. Weapons are defined as firearms, chemical sprays, clubs or batons, and knives, and any other device, tool, chemical agent or implement that can cause bodily harm if used as a weapon or displayed in such a manner to cause harm or threaten a person with harm.
26.5 Incident Reporting Procedures
(a) Employees shall immediately report workplace violence to their supervisor or department director. The supervisor or department director will report the matter to the Personnel Officer.
01247.0004/1020594.1 62
(b) The Personnel Officer shall document the incident, including the employee names(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident, action taken, and provide any other relevant information regarding the incident.
(c) The Personnel Officer shall take appropriate steps to provide security, such as:
(1) Placing the employee alleged to have engaged in workplace violence on administrative leave, pending investigation;
(2) Asking any threatening or potentially violent person to leave the site; or (3) Immediately contacting an appropriate law enforcement agency. (d) The City shall comply with any additional recordkeeping and reporting requirements under Labor Code section 6401.9, as may be amended.
26.6 Investigation – The Personnel Officer shall see that reported violations of this policy are investigated as necessary.
26.7 Management Responsibility – Each department head has authority to enforce this policy by:
(a) Training supervisors and subordinates about their responsibilities under this policy; (b) Assuring that reports of workplace violence are documented accurately and timely; (c) Notifying the Personnel Officer and/or law enforcement authorities of any incidents;
(d) Making all reasonable efforts to maintain a safe and secure workplace; and (e) Maintaining records and follow up actions as to workplace violence reports.
26.8 Follow-Up Disciplinary Procedures – An employee found in violation of this policy will be subject to disciplinary action, up to and including termination of employment. The City may also direct that an employee submit to a fitness for duty examination. In addition, employees found in violation of this policy may be subject to criminal prosecution.
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SECTION 27. OTHER EMPLOYEE CONDUCT POLICIES
27.1 Dress Code Policy – Employees of the City are required to dress appropriately for the jobs they are performing. Therefore, failure to follow the dress code regulations contained in this section shall be grounds for discipline. The following dress code regulations shall apply to all City employees.
(a) All clothing must be neat, clean, and in good repair. (b) Prescribed uniforms and safety equipment must be worn. (c) Foot wear must be appropriate for the work environment and functions performed. (d) Hair must be neat, clean and well-groomed.
(e) Beards, mustaches, and sideburns must be maintained in neat and well-groomed fashion.
(f) Jewelry is acceptable except where it constitutes a health or safety hazard. (g) Good personal hygiene is required.
(h) Dress must be appropriate to the work setting particularly if the employee has public contact.
27.2 Tattoo and Body Art Policy – Employees of the City are expected to project a professional appearance while at work. Therefore, failure to follow the regulations contained in this section shall be grounds for discipline.
(a) No tattoos or body art are allowed anywhere on the head, face, or neck. (b) Any visible tattoos or body art shall not be obscene, sexually explicit, discriminatory to sex, race, religion, or national origin, extremist, and/or gangrelated. (c) No visible tattoos or body art shall be larger than 4 by 6 inches. (d) Any non-conforming tattoos or body art will be covered with clothing, bandage or makeup while at work or removed.
(e) If an employee has a question about how or whether the tattoo and body art policy is or ought to be applicable to them, the matter should be immediately raised with their supervisor for consideration and determination.
27.3 Piercing Policy – Employees of the City are expected to project a professional appearance while at work and not endanger themselves or others with excessive body piercing. Therefore, failure to follow the body piercing regulations contained in this section shall be grounds for discipline.
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(a) No objects, articles, jewelry or ornamentation of any kind shall be attached to or through the skin if visible on any body part including the tongue or any part of the mouth except that women may wear one set of reasonably-sized earrings in each ear lobe.
(b) Any non-conforming piercing shall be removed, covered with a bandage, or replaced with a clear, plastic spacer.
(c) If an employee has a question about how the piercing policy is applicable to them, the matter should be immediately raised with their supervisor for consideration and determination.
(d) If an employee has a question about how or whether the Piercing policy is or ought to be applicable to them, the matter should be immediately raised with their supervisor for consideration and determination.
27.4 Smoking/Use of Tobacco Products Policy – The City observes a policy of not allowing smoking or the use of smokeless tobacco products in all City-owned vehicles and buildings which includes the Civic Center Complex, the Senior Center, and the Maintenance Shop and Offices.
Smoking not only includes tobacco products, but also e-cigarettes or any other similar product that produces, smoke, aerosol, and/or vapor.
Section 1 - Introduction
NO CHANGES
Section 2 - Definitions
2.8 Removed Child Care Employee
Section 3 - Classification Plan
NO CHANGES
Section 4 - Recruitment, Selection Process and Appointments
4.3 Changed form of communication for Disqualification of Applications from mail to email.
Section 5 - Compensation
5.6 Out of Class Pay changed to clarify that assisting or being assigned a temporary project does not constitute Out of Class pay.
If the employee is required to work Out of Class for more than a week, they will be paid for that classification.
5.7 On-Call Pay changed from receiving 7 hours of pay to 9 hours of pay with the choice of receiving straight time or compensatory pay.
Section 6 - Health and Retirement Benefits
NO CHANGES
Section 7 - Attendance and Hours of Work
NO CHANGES
Section 8 - Overtime
8.3 For calculating FLSA overtime pay, only the actual hours worked and the hours an employee is scheduled to work on a designated holiday will count toward the 40-hour threshold.
Section 9 - Performance Evaluation
NO CHANGES
Section 10 - Vacation Leave and Holidays
10.4 Floating Holidays have been changed from calendar year to fiscal year.
Section 11 - Sick Leave
11.1 Definition of sick leave changed immediate family member to family member.
Removed 11.1(d) Sick leave will not be granted to any employee absent as a result of an injury self inflicted.
Removed 11.5(g) Sick leave will not be granted for the first six full calendar months of employment.
Section 12 - Other Leaves
12.7 Added Bereavement Leave to the section.
12.8 Added Reproductive Loss Leave.
Section 13 - Family and Medical Care Leave
NO CHANGES
Section 14 - Pregnancy Disability Leave
NO CHANGES
PERSONNEL RULES AND REGULATIONS
Section 15 - Resignation, Layoffs and Furloughs
NO CHANGES
Section 16 - Discipline Policy and Procedures
16.1 Removed 16.1(bb) Violations of Title XXII for Child Care Employees.
16.3 Changed 16.3(b)(1)(i)Request for Appeal Hearing from 5 days to 10 days.
16.3 Changed 16.3(b)(1)(vii) Supoeneas changed indicating that the appealing employee shall not be required to subpoena City employees but must provide 5 days notice before hearing begins.
Section 17 - Grievane Procedures
17.3 Department Head- Changed grievant timeframe from 10 working days to 15 working day.
17.5 Time Limits- Added if the time limits are not met, the grievance shall be denied.
Section 18 - Personnel File
18.6 Added Confidential Agreement clause per the City Manager indicating during employment the HR Department may access and become aware of highly sensitive personal information. The misuse of any sensitive information is a violation and grounds for immediate disciplinary action up to termination.
Section 19 - Outside Employment
NO CHANGES
Section 20 - Discrimination, Harassment and Retaliation Policy
NO CHANGES
Section 21 - Political Activity Policy
NO CHANGES
Section 22 - Drug and Alcohol Policy
NO CHANGES
Section 23 - Use of City Property and Equipment Policy
NO CHANGES
Section 24 - Electronic Equipment Use Policy
24.1 Removed 24.1(a)(3) Pagers.
24.9 Removed 24.9(e) Cell Phone Use that employees shall aquaint themselves with the rate plan for charges of the number calls and texts. We are on an unlimted plan now.
Section 25 - Social Media Use Policy
NO CHANGES
Section 26 - Violence in the Workplace Policy
26.5 Added 26.5(d) indicating that the City will comply with any additional reordkeeping and reporting requirements under the Labor Law.
Section 27 - Other Employee Conduct Policies
24.7 Smoking/Use of Tobacco Products Policy, removed not allowing smoking in the Fire Station, Child Care Center, EOC Building and the Chamber of Commerce office.
01247.0004/1019527.1 Page | 1
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE AMENDING THE STATEMENT OF
BENEFITS PERTAINING TO THE EMPLOYEE HEALTH
PLAN, LEAVES, HOLIDAYS, AND ADDITIONAL
CATEGORIES OF PAY.
WHEREAS, the City Council is authorized and directed under the provisions of Chapter 2.24 of the Grand Terrace Municipal Code to adopt provisions for compensation of personnel created in said Municipal Code Chapter; and, WHEREAS, the City Council previously approved the Statement of Benefits by Resolution 2022-18 establishing a document for the purposes of outlining equitable employee benefits; and,
WHEREAS, the objectives of the Statement of Benefits are to attract to municipal service the best and most competent persons available and to provide for an equitable system of personnel compensation; and,
WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given to the City Manager in the interpretation and application of these rules so that they are applied equitably; and, WHEREAS, on April 23, 2024, pursuant to Resolution No. 2024-07 of the City Council of the City of Grand Terrace, California, the City Council approved a Memorandum of Understanding between the City of Grand Terrace and the recognized employee organization identified as Teamsters Local 1932 for the period of May 1, 2024 through June 30, 2027 which included changes to Holidays provisions, the Employee Health Plan, Leaves, and Additional Categories of Pay that differ from the Statement of Benefits; and,
WHEREAS, the City Council now desires to revise the Statement of Benefits to be consistent with the Memorandum of Understanding between the City of Grand Terrace and Teamsters Local 1932, to ensure a continued equitable system of compensation amongst the various groups of personnel at the City of Grand Terrace.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: The Statement of Benefits shall be amended as shown in Exhibit A attached hereto, and shall supersede and replace the Statement of Benefits adopted pursuant to Resolution 2022-18. The amended Statement of Benefits shall be effective October 8, 2024.
SECTION 2: In the event of conflicting language between any City rules, policies or regulations and any provision of the Statement of Benefits, the Statement of Benefits shall control.
01247.0004/1019527.1 Page | 2
PASSED, APPROVED, AND ADOPTED this 8
th day of October, 2024.
Bill Hussey
Mayor
ATTEST:
Debra Thomas
City Clerk
APPROVED AS TO FORM:
________________________________
Adrian Guerra
City Attorney
07777.0250/1019527.1 3 | P a g e
City of Grand Terrace
Employee Statement of Benefits
October 8, 2024
I. Retirement
A. CalPERS - The City of Grand Terrace provides retirement benefits through the California Public Employees Retirement System (CalPERS). All regular employees scheduled a minimum of 20 hours per week shall be enrolled in this Plan.
1. The City’s current formula is 2.7% at 55, for employees hired prior to January 1, 2013.
2. All employees hired after January 1, 2013 and who are eligible under the Public Employees Pension Reform Act (PEPRA) shall be enrolled in the 2% at 60 retirement formula.
3. All other employees hired after January 1, 2013 shall be enrolled in the 2% at 62 retirement formula in accordance with PEPRA.
4. The City pays 1.418% of the 8% Member Contribution to CalPERS Retirement for all employees enrolled prior to January 1, 2013. All employees enrolled after January 1, 2013 shall pay the full Member Contribution.
5. The retirement contract also includes the following provisions:
Available to Employees
Enrolled
Before
01/01/2013
After
01/01/2013
Single Highest Year Yes No
Three Year Final
Compensation
No Yes
1959 Survivor Benefit (4th
Level)
Yes Yes
Military Service Credit Yes Yes
B. 457 Deferred Compensation - All employees shall be entitled to participate in the City’s 457 Deferred Compensation Plan.
C. Alternate Retirement System - Except where required by law or by contract, all employees scheduled less than 20 hours per week or employees who have been placed on the City payroll on a temporary basis shall participate in the City’s Alternate Retirement System (ARS).
1. The ARS plan is provided in lieu of participation in Social Security, and as such shall be updated as necessary to comply with current regulations.
EXHIBIT A
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II. Leaves.
A. Compensatory Time Off (“CTO”) – All non-exempt employees may opt to accrue CTO in lieu of overtime pay. CTO shall be computed in accordance with current FLSA and State of California guidelines. The maximum accrual shall be 80 hours.
B. Management Leave – On July 1 of each fiscal year, exempt employees shall receive 80 hours of Management Leave in addition to other leaves. Any portion of the management leave hours not used by the end of the fiscal year will be cashed out and included in the last pay period in June. Newly hired exempt employees shall receive a prorated amount of Management Leave calculated from their hire date.
C. Maternity/Bonding Leave – Maternity and/or Bonding Leave shall be provided to employees in accordance with State and Federal Law under the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA) and the Pregnancy Disability Law (PDL).
D. Sick Leave – Sick leave with pay shall be granted to all probationary and regular employees scheduled to work a minimum of 20 hours per week.
1. Full-Time Employees shall accrue sick leave according to the following schedule:
Type of Employee Received
Per Pay
Period
Received
per Annum
City Hall – Non-Exempt
Regular Full-Time
Employee,
Exempt Employee
3.69 96 hours
2. Regular Part-Time Employees scheduled at least 20 hours per week shall receive sick leave accruals on a pro-rata basis.
3. Sick Leave Buy Back - Employees may not accrue more than 560 hours of Sick Leave. Employees that have accrued an excess of 480 hours of Sick Leave for that fiscal year shall be paid at their current hourly rate for any hours in excess of 480 hours.
4. Any employee who separates from the City after five (5) years of service, for reasons other than disciplinary cause, shall be compensated for 40% of all unused sick leave.
5. Family Sick Leave – An employee shall be entitled to use up to half of their annual sick leave accruals to care for a family member who is injured or ill.
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6. Bereavement Leave – An employee may request up to five (5) days of Bereavement Leave in any twelve-month period. Bereavement Leave consists of two (2) days that shall be paid by the City and the additional three (3) days will be paid from sick leave for the death of a family member. A family member is defined as a spouse/domestic partner, parent, sibling, child, grandchild, grandparent, aunt or uncle of the employee or of the employee’s spouse/domestic partner.
a) The requested time off does not need to be in consecutive days, but the leave must be completed within three (3) months of the family member’s death.
b) The City reserves the right to request documentation substantiating the family member’s death.
7. Options on Retirement – CalPERS rules have additional provisions for unused sick leave. All employees who are retiring under the CalPERS plan are eligible to participate in such provisions in accordance with the CalPERS regulations which are current at the time of the employee’s retirement.
E. Vacation - Each regular full-time and regular part-time employee scheduled for 20 or more hours per week, shall be credited with annual vacation leave according to their number of years of service as follows:
1. Full-Time Employees shall accrue vacation leave according to the following schedule.
Type of Employee
Years
of
Service
Received
Per Pay
Period
Received
per
Annum
City Hall – Non-Exempt
Regular Full-Time Employee,
Exempt Employee
1-5 3.08 80 hours
City Hall – Non-Exempt
Regular Full-Time Employee,
Exempt Employee
6 - 10 4.62 120
hours
City Hall – Non-Exempt
Regular Full-Time Employee,
Exempt Employee
11+ 6.15 160
hours
2. Regular Part-Time Employees scheduled at least 20 hours per week shall receive accruals on a pro-rata basis.
3. Employees may not accrue more than 480 hours of vacation leave. No
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additional hours will be accrued until their vacation leave bank drops below 480 hours.
4. No employee shall be granted a vacation leave period greater than the amount of available vacation accruals.
III. Holidays
A. The City of Grand Terrace observes the following holidays for City Hall. All employees shall receive the designated holidays below. If any of the following holidays fall on a Saturday or Sunday, the holiday will be observed on the preceding Friday or following Monday.
1 New Year’s Day January 1
2 Martin Luther King Jr. Day Third Monday in January
3 President’s Day Third Monday in February
4 Cesar Chavez Day March 31
5 Memorial Day Last Monday in May
6 Independence Day July 4
7 Labor Day First Monday in September
8 Veteran’s Day Second Monday in November
9 Thanksgiving Day Fourth Thursday in November
10 Day After Thanksgiving Day Fourth Friday in November 11 Christmas Eve December 24
12 Christmas Day December 25
13 New Year’s Eve December 31
Floating Holidays. All full-time employees shall receive two (2) floating holidays per fiscal year in addition to any other vacation leave an employee has accrued. Employees entitled to floating holidays shall be paid the equivalent of the employee’s one workday of compensation for the floating holiday. Floating holidays must be used by the end of the corresponding fiscal year. Any floating holiday hours not used by the end of the fiscal year will be cashed out and included in the last pay period in June.
1. Part-Time Employees scheduled at least 20 hours per week shall receive floating holidays on a pro-rata basis.
2. Any non-exempt employee scheduled to work on a designated holiday and who works the holiday, shall be paid for the holiday and overtime hours actually worked on the holiday.
3. In the event City Hall is closed to the public on the dates between Christmas Eve and New Years Day, an employee has the right to come in to work at their regular schedule, utilize available vacation time, sick time, or floating holidays. Employees electing to utilize any of the above
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options during the closure are required to inform Human resources of their election at least a week in advance of the closure.
4. In order to receive Holiday Pay, an employee must be in a paid status on the day before and the day after the holiday, excluding any type of leave.
IV. Employee Health Plan
A. City of Grand Terrace Employee Health Plan includes major medical, dental, and vision insurances; the Employee Assistance Program, and the Cafeteria Plan.
To be considered a part of the City’s Employee Health Plan, the City must have a negotiated contract with the benefit provider to include specific rates for City of Grand Terrace employees.
B. All regular employees scheduled 20+ hours per week are eligible to participate in the City’s Employee Health Plan.
C. The Benefit Allowance as paid under the City’s Cafeteria Plan is intended to offset the employee’s out-of-pocket expenses under this plan.
D. All aspects of the Employee Health Plan are eligible for continuation under Federal COBRA regulations. Further, if the employee qualifies for such, the major medical insurance may be eligible for further continuation provisions under CalCOBRA.
1. Eligibility – All individuals who meet the following criteria are eligible to participate in the Employee Health Plan.
a) City of Grand Terrace employees scheduled for 20 or more hours a week.
b) Spouse or registered domestic partner of a participating employee.
c) Legally qualifying dependents of a participating employee and/or of the employee’s spouse or registered domestic partner. d) Spouse/registered domestic partner/dependents may only participate in the coverage options under this plan for which a City of Grand Terrace employee is also an enrolled participant; ie, if a dependent wishes to have medical coverage under this plan, the employee must also be enrolled in medical coverage.
E. Cafeteria Plan. The City of Grand Terrace maintains a Section 125 Cafeteria Plan. The Cafeteria Plan includes the following options:
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1. Benefit Allowance. As a part of the Cafeteria Plan, the City of Grand Terrace pays a Benefit Allowance to employees to offset the cost of purchasing pre- and post-tax benefits as allowed under Section 125 of the IRS Code. a) Any portion of the Benefit Allowance not utilized by the employee for the purchase of benefits shall be considered taxable income to the employee.
b) Such allowance is paid according to the following schedule:
Type of Employee
Years of
Service
% of Salary
Received
City Hall – Non-Exempt, Regular
Employee, Full-Time
Exempt Employee
N/A $1,000.00/month
($12,000 annually)
City Hall – Non-Exempt, Regular
Employee Part-Time
N/A $500/month
($6,000 annually)
2. Pre-Taxing Insurance Premiums. Eligible employees may choose to pre-tax premiums for any/all of their insurances which are purchased through payroll deduction, except as noted below:
a) Life insurance premiums may only be pre-taxed to the extent permitted by current IRS regulations.
b) The City does not permit employees to pre-tax the premiums of any disability insurance product.
3. Flexible Spending Accounts (FSA). Employees may contribute pre-tax dollars to the following FSA options:
a) Medical Reimbursement Account
b) Dependent Care Reimbursement Account
c) Adoption Assistance Account
d) The type(s) of FSAs available is determined by the IRS and is thus subject to change by the Federal Government.
e) FSAs are subject to annual contribution limits as established by the IRS.
f) Expenses paid from an FSA may not be claimed as a deduction on an employee’s tax return.
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F. Major Medical Insurance – The City is currently contracted with CalPERS for major medical insurance. In accordance with the terms of the contract, the City shall pay for medical insurance for eligible employees in the groups listed below.
Employees who waive coverage and provide proof of major medical insurance outside of the City benefit are eligible for premium reimbursement up to the cost of the CalPERS Kaiser Region 3 premium rate for employee only upon submission of proof of payment. City Council Members are eligible for major medical insurance premium reimbursement only, up to the cost of the CalPERS Kaiser Region 3 premium rate for employee only upon submission of proof of payment of major medical insurance premium.
Type of Employee Years of
Service
Amount Paid
City Hall – Non-Exempt
Regular Employee
scheduled 20+ hours,
Exempt Employee
N/A Amount equal to
the CalPERS
Kaiser Region 3
premium rate,
Employee Only
Coverage
G. Dental Insurance – The City has contracted for a choice of either an HMO or a PPO plan. Premiums are paid by the employee.
H. Vision Insurance – The City has contracted for Vision Insurance. Premiums are paid by the employee.
I. Employee Assistance Plan – The City offers an Employee Assistance Plan at no cost to the employee. The Employee Assistance Program provides confidential counseling referrals and other services to employees.
V. Other Insurances
The City is contracted for the following additional insurance plans. These insurance plans are available to all regular employees scheduled 20 or more hours per week and are not considered a part of the Employee Health Plan.
A. Life Insurance – The City provides basic term life insurance for employees and their eligible dependents subject to the following limits:
1. Employee – Amount equal to covered annual earnings.
2. Dependent - $3,000.00
B. Short Term Disability – The City offers a short-term disability plan to all regular employees scheduled 20 or more hours per week. This coverage is paid by the employee.
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C. Long Term Disability - The City offers a long-term disability plan to all regular employees scheduled 20 or more hours per week. This coverage is paid by the employee.
D. Supplemental Insurances – The City’s Section 125 Plan provider may offer supplemental insurance plans to City employees. The City does not negotiate for rates on these supplemental plans. Supplemental plans are not considered part of the City’s benefit package. Employees may pay for these plans by payroll deduction.
Employees may pre-tax their premiums for these plans as allowed by IRS regulations.
VI. Additional Categories of Pays
A. Bilingual Pay – Employees who have qualified under the Personnel Rules as being fluent in Spanish shall receive $50.00 per month. At the City Manager’s discretion, other languages that are deemed a business necessity shall also qualify for Bilingual Pay.
B. On-Call Pay – Employees placed in an on-call status for a period of one (1) week shall receive their choice of either 9 hours of regular time or 9 hours of straight comp time for that week. On-call staff called out after their normal working shift will be paid a minimum of two (2) hours in accordance with the Personnel Rules.
C. Vehicle Allowance – Vehicle Allowance may be paid to Department Heads at the rate of $300 per month at the City Manager’s discretion.
D. Uniform Allowance
1. All employees in classifications that are required to wear a specific uniform, shall be eligible to receive a voucher of up to $400.00 per fiscal year for uniform-related expenses through a City approved vendor. The City shall, in its sole discretion, determine eligibility standards for uniforms.
2. Every fiscal year, all employees in classifications that are not required to wear a specific uniform, may select City-approved clothing items from a City-approved vendor to bear the City’s logo in an amount up to $150.00 per fiscal year.
3. The City shall report to CalPERS the uniform allowance for each employee as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for “new members” as defined by the Public Employees’ Pension Reform Act of 2013, the uniform allowance will not be reported as compensation earnable to CalPERS.
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E. Education Allowance - The City will reimburse employees up to $5,000 per fiscal year for continuing education through an accredited postsecondary program, not including vocational and trade schools, that either offers growth in an area related to the employee’s current position or that may lead to promotional opportunities, as determined by the Human Resources Director. Qualifying education shall include courses taken at a community college or university.
1. The employee must take the course on the employee’s own time. City time may not be used to attend educational opportunities covered by this program. If a course is only offered during regularly scheduled work hours, the employee’s supervisor and Department Director may make reasonable efforts to adjust work schedules to accommodate the scheduling conflict in their sole discretion.
2. The employee must secure a passing grade of "B" or above to receive a reimbursement of 100%. An employee securing a passing grade of "C" or its equivalent shall receive a reimbursement of 50%. Expenses must be validated by receipts and a copy of the final grade received. Employees who have completed six months of employment are eligible. The deadline for submitting Education Reimbursement Forms for any expenses of the prior fiscal year is the end of the second full pay period of July.
3. Employees are expected to fulfill their job responsibilities effectively while balancing their educational pursuits, and failure to meet job performance expectations may result in the discontinuation of the education allowance.
F. Certification Pay- Employees shall receive, in addition to their regular compensation, a $25 a month payment ($12.50 paid each pay period) for obtaining and maintaining any of the following certifications:
• Class A or Class B Commercial License
• Backflow Certification
• Irrigation Certification
• Pesticide Certification
• Notary License
• Certified Access Specialist (CASp)
• Playground Safety Inspector (CSPI)
1. Employees shall receive, in addition to their regular compensation, $12.50 a month ($6.50 paid each pay period) for every additional certification
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obtained. Certification pay is limited to $75.00 per month ($37.50 per pay period) per eligible employee. The City may, in its sole and absolute discretion, provide compensation above $25 a month for any one certification the City determines is of greater value to the City. The CASp and CSPI certifications shall qualify as two certificates meaning those certificates are valued at $37.50 per month each.
2. It shall be the responsibility of the department and the employee to provide Payroll with a copy of their certifications and/or renewal. The City may, in its sole and absolute discretion, consider additional certifications not listed herein to qualify for certification pay. An employee is not eligible for Certification Pay for any certification obtained or maintained as a requirement of their job qualifications.
G. Longevity Pay - Employees are eligible for Longevity Pay compensation as follows:
1. 10-Years of Service: Employees completing ten (10) years of continuous service with the City in the same position shall receive an additional five percent (5%) compensation above their base salary step.
2. 15-Years of Service: Employees completing fifteen (15) years of continuous service with the City in the same position shall receive an additional five percent (5%) compensation above their base salary step.
3. 20-Years of Service: Employees completing twenty (20) years of continuous service with the City in the same position shall receive an additional five percent.
VII. Employees Hired Under Employment Agreement
A. Employees who are working under an Employment Agreement approved by the City Council may be subject to different employment benefit provisions than those contained in this Statement of Benefits.
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I Debra Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-___ was duly passed, approved and adopted by the Planning Commission, approved and signed by the Chairman, and attested by the City Clerk, at the regular meeting of said Planning Commission held on the 8th day of October 2024, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
Executed this 8
th day of October 2024, at Grand Terrace, California.
___________________________
Debra Thomas
City Clerk
Section I - Retirement
A. Changed verbiage of all regular employees budgeted to employees scheduled.
C. Changed verbiage of all regular employees budgeted to employees scheduled.
Section II - Leaves
A. Removed Bereavement Leave - See Sick Leave, it is a stand alone, section 6.
B. Management Leave changed from calendar year to fiscal year and unused hours will be cashed out and included in the the last pay period in June.
D. Sick Leave- Changed verbiage of all regular employees budgeted to employees scheduled.
D.3 Sick Leave Buy Back - Employees are now able accrue up to 560 hours of sick leave. Employees with an excess of 480 hours shall be paid out the excess at the end of the fiscal year.
D.4 Removed verbiage of no additional hours above 480 hours will be accrued until the sick leave bank falls below 480 hours, moved it to E.3.
D.5 Family Sick Leave - changed from care for child or spouse to family member.
D.6 Bereavement Leave- changed may use up to 3 days of sick leave in a 12 month period to 5 days per the labor law. Of the 5 days, 2 will be paid by the City and the employee may use sick leave for the additional 3 days.
D.6(a) Added verbiage to the Bereavement Leave indicating that the time off does not need to be used consecutively but needs to be used within 3 months of the family members death.
D.6(b) Added verbiage to the Bereavement Leave that the City reserves the right to request documentation substantiating the family meber's death.
D.9 Reimbursement for Unsused Sick Leave During Employement - Suspended (See Furlough Provisions)- Removed.
E.3 Vacation - Removed verbiage that indicates earned vacation will be credited after the completion of 6 months.
E.3 Added no additional hours above 480 hours will be accrued until the vacation balance drops.
E.5 Removed verbiage that any vacation not used the first year of employment shall roll over to the following year.
E.6 Removed verbiage that each employee shall take a minimum of 1 week of vacation per year.
Section III - Holidays
A. Added employees shall receive the designated holiday in the chart (no changes to the holidays in the chart). If a holiday falls on a Saturday or Sunday the holiday will be observed on the proceding Friday or following Monday.
A. Changed Floating Holidays to be issued and/or paid out from calendar year to fiscal year.
A.1 Changed Part-Time Employees budgeted to Part-Time Employees scheduled.
A.2 Changed verbiage of receiving additional floating holiday hours for working on a holiday to non-exempt employees that are scheuled to work on a holiday shall be paid overtime hours equal to the hours worked.
A.3 Removed verbiage that it is the City Manager's discretion floating holidays may be used for the closure of City Hall during the Christmas holidays. Changed to during the City Hall closure for the holidays, the employee has the right to come in at their regular schedule, or utilize any of their accrued time off.
A.4 In order to receive Holiday Pay, an employee must be in a paid status on the day before and the day after the holiday, added excluding any type of leave of absence.
Section IV - Employee Health Plan
B. Changed verbiage of all regular employees budgeted 20+ per week are eligible to participate in the City's employee health plan to scheduled 20+ hours per week.
F. Cafeteria Plan, benefit allowance changed from $600 per month to $1000 per month for full time employees and from $300 to $500 per month for part time employees.
STATEMENT OF BENEFITS
Section V - Other Insurances
NO CHANGES
Section VI - Additional Categories of Pay
C. Vehicle Allowance changed to may be paid to Department Heads at the City Manager's discretion.
D. Uniform Allowance for all employees required to wear a uniform are eligible for $400 per fiscal year.
D.1 Added employees not required to wear a uniform are alotted $150 per fiscal year to purchase logo clothing.
D.2 The City will report the uniform allowance to CalPERS as special compensation.
E. Added Education Allowance up to $5,000 per fiscal year.
E.1 Employee must take the courses on their own time.
E.2 Employee must secure a grade of "B" or above to receive 100% reimbursement up to $5,000. A passing grade of "C" will receive 50% reimbursement.
E.3 Employee is expected to fulfill their job responsibilities effectively while balancing their education pursuits. Failure to meet job performance, may result in the discontinuation of the Education Allowance.
F. Added Certification Pay, $25 per month for obtaining a Class A or B Commercial License, Backflow Certification, Irrigation Certification, Pesticide Certification, Notary License, Certified Access Specialist (CASp), or Playground Safety Inspector (CSPI).
F.1 Employee may receive an additional $12.50 per month for each additional certification, not to exceed $75 per month.
F.2 It is the sole responsibility of the employee to provide payroll with a copy of the certification.
G.1-3 Added Longevity Pay, employees will receive a 5% increase at 10 years, 15 years, and 20 years in the same position.
Section VII - Grandfathered Provisions
A. Removed Longevity Pay of $100 per month for full time employees with 10 years of service prior to June 30, 2010.
B. Removed Child Care Credit.
Section VIII - Employees Hired Under Employment Agreement Section VIII was changed to Section VII due to the Grandfathered Provisions being removed.
Section IX - Furlough Provisions
Removed section of Furlough Provisions.
AGENDA REPORT
MEETING DATE: October 8, 2024
TITLE: Cancellation of City Council Meetings Scheduled for November 26, 2024 and December 24, 2024
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: Adopt a Resolution Cancelling the City Council Meetings Scheduled for November 26, 2024 and December 24, 2024
2030 VISION STATEMENT:
This Staff Report supports our Mission, our Core Value of Open and Inclusive Government and Goal #5 to Engage in Proactive Communication
BACKGROUND:
The regular meetings of the City Council are held on the second and fourth Tuesday of every month, beginning at 6:00 p.m. This year, the second November meeting scheduled for November 26, 2024, falls on the Tuesday immediately before the Thanksgiving Day holiday. The second December meeting is scheduled for December 24, 2024, which is Christmas Eve.
DISCUSSION:
Due to travel that City Council and staff may have planned during those holiday weeks, staff is recommending that the City Council consider officially canceling the second meetings in November and December. Any potential agenda items that would be discussed at the November 26, 2024 City Council meeting will be presented at the December 10, 2024 meeting and any potential agenda items that would be discussed at the December 24, 2024 City Council meeting, will be presented at the January 14, 2025 City Council meeting.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
None.
CC Reso No. 2024-xx Page 1 of 2 October 8, 2024
RESOLUTION NO. 2024-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE, CALIFORNIA, CANCELLING THE
NOVEMBER 26, 2024, AND DECEMBER 24, 2024,
REGULAR CITY COUNCIL MEETINGS
WHEREAS, on August 10, 2006, the City Council adopted its City of Grand Terrace Council Procedures; and
WHEREAS, on January 13, 2015, June 25, 2019, May 25, 2021, September 27, 2022, and October 10, 2023 the City Council revised its Council Procedures; WHEREAS, under Section 1.1 (Regular Meetings) of Council Procedures it states: "The Regular City Council Meetings are held on the second and fourth Tuesday of every month, beginning at 6:00 p.m.”; and
WHEREAS, November 26, 2024, and December 24, 2024, are the second scheduled City Council meetings of the remaining two (2) months of the year; and WHEREAS, considering the impending 2024 holiday season, the City Council finds that it would be prudent to cancel these meetings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council finds that the above recitations are true and correct and, accordingly, are incorporated herein as findings and a material part of this Resolution.
SECTION 2. The City Council of the City of Grand Terrace hereby cancels the regular City Council meetings scheduled for November 26, 2024, and December 24, 2024.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
CC Reso No. 2024-xx Page 2 of 2 October 8, 2024
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 8th day of October 2024. ________________________________
Bill Hussey, Mayor
ATTEST:
Debra L. Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
AGENDA REPORT
MEETING DATE: October 8, 2024
TITLE: Update to Facility Use Fees
PRESENTED BY: Shanita Tillman, Sr. Management Analyst
RECOMMENDATION: Adoption of the revised Facility Use Agreement fee structure to establish clear guidelines for facility users, ensure the City recovers its costs, and maintain accessibility for local non-profits, community groups, and sportsrelated organizations. 2030 VISION STATEMENT:
This staff report supports Goal #4: 'Develop and Implement Successful Partnerships.' BACKGROUND:
In 1994 and 2002, the City Council adopted park policies and fee structures, with the 2002 report clarifying the Facility Use Agreement and fee schedule, including a temporary discounted rate for ballfield lighting. In 2012, staff developed a comprehensive Facility Use Policy to improve management of City facilities, outlining reservation procedures, fees, and maintenance responsibilities. Additionally, the City entered into a 10-year licensing agreement with CJUSD in 2017 for the shared use of Terrace Hills Middle School's pool and soccer fields, with community organizations reimbursing the City for field maintenance.
Staff has revised the Facility Use Agreement to clarify applicant responsibilities when using City fields, facilities, and park shelters. The revisions aim to ensure proper maintenance while providing accessible use of facilities like the Senior Center and Community Room. A new fee structure has been introduced, balancing affordability for non-profits and community organizations with cost recovery for the City, including registration fees, cleaning fees, and staff call-out charges.
DISCUSSION:
The revised Facility Use Agreement includes expanded details on applicant responsibilities for the use of City facilities. The key points of the proposed updates include:
Fee Structure for Nonprofits and Community-Based Organizations:
Non-profits and community-based organizations will be required to pay a one-time $10 registration fee. This fee allows them to schedule events at the Senior Center and Community Room throughout the fiscal year. The available booking times are from 7:00 AM to 10:00 PM on weekdays, excluding Fridays after 5:00 PM, and all day Saturday and Sunday, ensuring that local residents have prime access during the weekends.
If these organizations wish to schedule events outside of the designated times, they will be charged the resident rate. This structure ensures fair access while supporting local community and non-profit operations.
Additional Fees:
• Cleaning Fee: A $32 per hour cleaning fee will apply for events where food and beverages are served, with a minimum charge of 2 hours.
• Staff Call-Out Fee: If City staff is required to assist during an event or if they are scheduled to attend an event, there will be a $50 per hour charge with a minimum of two hours.
Sports League Pricing:
The agreement establishes a specific fee structure for local sports leagues, including the Grand Terrace Soccer Club, Grand Terrace Little League, and Grand Terrace Titans. Private teams or team practices, including those by local leagues outside of their defined seasons, will follow a new pricing structure that allows them to schedule up to 32 hours of facility use within the same fiscal year for $800 or at a rate of $50 per hour.
The City Manager retains the authority to grant exceptions to any of the rules or fees outlined in the Facility Use Agreement based on specific circumstances or community needs.
ENVIRONMENTAL IMPACT:
No environmental impact.
FISCAL IMPACT:
The revised Facility Use Agreement is anticipated to generate additional revenue through the implementation of various facility usage fees, which will support the maintenance and operational costs of City facilities. Additionally, the structured fee schedule for sports leagues and community organizations will promote equitable access while ensuring cost recovery for the City’s resources.
If you answered yes to any of the above questions, please explain:
Event Date(s):
Expected Attendance:
Event Details:
P Event End Time: ark & Shelter(s):
Facility: Event Start Time:
am/pm
am/pm
Applicant’s Name:
Street Address:
Phone Number:
E-Mail:
Initials:
City: Zip:
Non-Profit Tax ID 501 (c)(3)#:
Organization:
Will there be food
vendors?*
Will vendors be
accepting money?**
Will there be live
entertainment (DJ/Band)?**
Will food and
beverages be served?
W Yes No ill there be music?
Yes No
Yes No
Yes No
Yes No
*Proof of liability insurance
may be required
**Vendors must provide County
Healthy Permit and/or City Business
License
FACILITY USE APPLICATION
Welcome to the City of Grand Terrace! This reservation request is not an approved contract for facility rental. Please submit the Field and Facility Use Application at least 60 days before events or within 14 days for park shelter reservations to allow for adequate approval time. Park shelters require a minimum reservation time of 2 hours. The registration fee is nonrefundable. Staff review, security services, and liability insurance may be necessary. Please refrain from advertising your event until approval is issued. Please initial here to acknowledge that you have read, understood, and agree to this information.
STAFF USE ONLY
Non-Profit or Community Based Organization Fee Structure A $10 registration fee is required per fiscal year, and organizations have the flexibility to schedule events in the Community Room and Senior Center throughout the fiscal year. Please be aware that events organized by these groups may be subject to cancellation with notice to accommodate the City's needs.
Non-Refundable Registration Fee:
$10
Rental Fee: Deposit: Staffing Fee: Cleaning Fee: Amount Due:
Health Permit
501(c)(3)Letter of Determination
Insurance
Equipment Rental Form
Other:
Facility Use Application Received Date:
Received By:
Approved By:
Enter into GovPilot: / /
Reference#:
Five Business Days Prior to Event:
I acknowledge that I am a nonprofit or community based organization, as outlined in the FUA definitions.
I acknowledge that the permit expires on June 30th.
I acknowledge that my organization can schedule events Monday through Thursday from 7 AM to 10 PM, with the Senior Center available after 3 PM. Events scheduled on Fridays after 5 PM, as well as on Saturdays and Sundays, will be charged at the Grand Terrace resident rate.
Facilities Rental Fees
Any person, group, or organization wishing to use City facilities must pay the rates set forth below. Fees will be periodically reviewed and may be recommended for revision by the City Council if necessary. Fees may be waived at the discretion of the City Manager.
COMMUNITY ROOM OR SENIOR CENTER
Maximum Occupancy:
(50) Community Room
(120) Senior Center
Grand Terrace Residents $30.00 per hour
Non-Grand Terrace Residents $50.00 per hour
Non-Profits or Community Based Groups No Charge
All event and room reservations require the following:
$10.00 Registration Fee (Non-Refundable)
$200.00 Refundable Deposit – Refunded after a post-event inspection confirms no damages. This does not apply to non-profits or community-based groups
Field lighting fees will automatically apply to scheduled usage after dusk OUTDOOR PARK SHELTERS Maximum Occupancy: 50
Grand Terrace Residents $10.00 per hour, minimum 2-hour rental Non-Grand Terrace Residents $15.00 per hour, minimum 2-hour rental All park reservations require the following:
$10.00 Registration Fee (Non-Refundable)
$50.00 Refundable Deposit – Refund issued upon confirmation of no damages, decorations, or trash left behind
COURT AND FIELD RENTAL
GTCSC, GTLL, GTT: $5 per player during league term Due at the end of the first month of the term Teams, Private Use, or Team Practices (including league teams)
Hourly Rate: $50.00 per hour
Flat Rate: $800.00 for 32 hours of use per fiscal year
Basketball Teams: $3 per player per agreement term Due at the end of the first month of the agreement term $10.00 Registration Fee (Non-Refundable)
$200.00 Refundable Deposit (Excluding designated leagues, subject to no damages to the field or buildings during reservation) STAFF CALL-OUT & FOOD AND BEVERAGE CLEANUP FEE – AS REQUIRED $50.00 per hour, (2-hour minimum) - Staff Call-Out
$32.00 per hour (2-hour minimum) - Food and Beverage Fee required when served in Senior Center or Community Room
FIELD LIGHTING FOR LITTLE LEAGUE, SOCCER, AND FOOTBALL
$20.00 per hour Due at the end of the agreement term
BASKETBALL COURT LIGHTING
$2.00 per hour Due at the end of agreement term
AGENDA REPORT
MEETING DATE: October 8, 2024
TITLE: Introduction and First Reading of Ordinance No. 360 to Repeal Various Chapters of the City of Grand Terrace Municipal Code.
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: Direct the City Attorney to read by title only, waive reading of, and introduce “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, REPEALING CHAPTER 2.20 (COMMUNITY
REDEVELOPMENT AGENCY), CHAPTER 2.28 (EMERGENCY
ORGANIZATION), AND CHAPTER 2.40 (TRAINING OF LAW
ENFORCEMENT OFFICERS) OF TITLE 2 (ADMINISTRATION AND
PERSONNEL); CHAPTER 6.16 (HOGS), CHAPTER 6.24 (LIVESTOCK), CHAPTER 6.12 (APIARIES), CHAPTER 6.20 (COMMERCIAL KENNELS), AND CHAPTER 6.28 (RIDING ACADEMIES) OF TITLE 6 (ANIMALS); CHAPTER 8.16 (AIRCRAFT TAKEOFF AND LANDINGS), CHAPTER 8.24 (AMBULANCES), AND CHAPTER 8.72 (ABANDONED ORCHARDS) OF
TITLE 8 (HEALTH AND SAFETY); AND CHAPTER 9.26 (SYNTHETIC DRUGS - SALE AND USE PROHIBITED) OF TITLE 9 (PUBLIC PEACE,
MORALS AND WELFARE), OF THE GRAND TERRACE MUNICIPAL CODE
TO STREAMLINE THE MUNICIPAL CODE AND REMOVE PROVISIONS
NO LONGER NECESSARY
2030 VISION STATEMENT:
This staff report supports City Council Goal #5, “Engage in Proactive Communication” by updating the City’s Municipal Code to provide current information regarding City policies.
BACKGROUND:
City staff is recommending that Chapter 2.20 (Community Redevelopment Agency), Chapter 2.28 (Emergency Organization), and Chapter 2.40 (Training of Law Enforcement Officers) of Title 2 (Administration and Personnel); Chapter 6.16 (Hogs), Chapter 6.24 (Livestock), Chapter 6.12 (Apiaries), Chapter 6.20 (Commercial Kennels), and Chapter 6.28 (Riding Academies) of Title 6 (Animals); Chapter 8.16 (Aircraft Takeoff and Landings), Chapter 8.24 (Ambulances), and Chapter
8.72 (Abandoned Orchards) of Title 8 (Health and Safety); and Chapter 9.26 (Synthetic Drugs - Sale and Use Prohibited) of Title 9 (Public Peace, Morals and Welfare) be repealed as these Chapters are no longer required following staff’s analysis and/or because these matters are now regulated by superseding federal or state law.
DISCUSSION:
City staff has initiated a process of reviewing the City of Grand Terrace Municipal Code to identify outdated or unnecessary provisions. City staff has identified a first round of chapters that are no longer required following staff’s analysis and/or because these matters are now regulated by superseding federal or state law and are described below. A chart summarizing the proposed
Chapters to be deleted is also attached to this report.
Chapter 2.20 (“Community Redevelopment Agency”) of Title 2 (“Administration and Personnel”) of the Municipal Code was originally passed to develop a Community Redevelopment Agency. Since the time of the introduction of Chapter 2.20 in 1979, there is no longer a Community Redevelopment Agency. As a result, Chapter 2.20 is unnecessary.
Additionally, Chapter 2.28 (“Emergency Organization”) of Title 2 (“Administration and Personnel”) of the Municipal Code was adopted to develop emergency organization and formation of a disaster council in order to protect persons and property in the event of an emergency. Now, the City now follows the Incident Command System (ICS) organization as required by the Federal Emergency Management Agency (FEMA), rendering the Chapter obsolete.
When it was adopted in 1978, Chapter 2.40 (“Training of Law Enforcement Officers”) of Title 2 (“Administration and Personnel”) of the Municipal Code provided regulations for training of law enforcement officers. However, the City currently contracts with San Bernardino County Sheriff’s Department for law enforcement training services. Therefore, Chapter 2.40 is no longer necessary.
Since the adoption of the 2003 Chapters of the Municipal Code of Title 6 (“Animals”), including Chapter 6.12 (“Apiaries”), which regulates keeping of bees and apiaries throughout the city, Chapter
6.16 (“Hogs”), which regulates the activities of hog keeping, Chapter 6.20 (“Commercial Kennels”), which regulates operation, control and management of commercial kennels, Chapter 6.24 (“Livestock”), which regulates livestock activities, and Chapter 6.28 (“Riding Academies”), which regulates the activities of riding academies, the City has transitioned from a primarily rural community to a more urbanized environment. Because of this transition, the provisions for animal and livestock keeping and related activities are inapplicable. To better reflect the City’s contemporary urban setting and community standard, the City proposes repealing these Chapters.
Additionally, Chapter 8.16 (“Aircraft Takeoffs and Landings”) of Title 8 (“Health and Safety”) of the Municipal Code was originally passed in 1978 to account for aircraft takeoff and landing areas. Since the adoption of Chapter 8.16, the Federal Aviation Administration (FAA) now provides comprehensive regulations covering aircraft takeoff and landing. Moreover, there are no suitable locations within the city limits of Grand Terrance where aircraft takeoff and landing could occur. As a result, Chapter 8.16 is no longer relied upon by the City.
Further, the regulation of ambulances in the City is currently under the jurisdiction of San Bernardino County and the Inland Counties Emergency Medical Agency (ICEMA). As a result, Chapter 8.24 (“Ambulances”) of Title 8 (“Health and Safety”) of the Municipal Code concerning regulations of ambulances, is redundant and unnecessary.
Chapter 8.72 (“Abandoned Orchards”) of Title 8 (“Health and Safety”) of the Municipal Code, was introduced in 1978 to manage the consequences of neglected or abandoned orchards. Given the change in the City’s character since then, Chapter 8.72 is inapplicable and impractical.
Finally, the City passed Chapter 9.26 (“Synthetic Drugs - Sale and Use Prohibited”) of Title 9 (“Public Peace, Morals, and Welfare”) of the Municipal Code in 2015 in order to address recreational use of synthetic drugs and legal use stimulant products. Because the regulation of synthetic drugs and legal use stimulant products have been comprehensively addressed by federal law, Chapter 9.26 is redundant and obsolete.
The proposed revisions are intended to reflect current law and City conditions.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
None.
01247.0001/999770.2
ORDINANCE NO. 360
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, REPEALING CHAPTER 2.20 (COMMUNITY
REDEVELOPMENT AGENCY), CHAPTER 2.28 (EMERGENCY
ORGANIZATION), AND CHAPTER 2.40 (TRAINING OF LAW
ENFORCEMENT OFFICERS) OF TITLE 2 (ADMINISTRATION AND
PERSONNEL); CHAPTER 6.16 (HOGS), CHAPTER 6.24 (LIVESTOCK), CHAPTER 6.12 (APIARIES), CHAPTER 6.20 (COMMERCIAL
KENNELS), AND CHAPTER 6.28 (RIDING ACADEMIES) OF TITLE 6 (ANIMALS); CHAPTER 8.16 (AIRCRAFT TAKEOFF AND LANDINGS), CHAPTER 8.24 (AMBULANCES), AND CHAPTER 8.72 (ABANDONED
ORCHARDS) OF TITLE 8 (HEALTH AND SAFETY); AND CHAPTER 9.26 (SYNTHETIC DRUGS - SALE AND USE PROHIBITED) OF TITLE 9
(PUBLIC PEACE, MORALS AND WELFARE), OF THE GRAND
TERRACE MUNICIPAL CODE TO STREAMLINE THE MUNICIPAL
CODE AND REMOVE PROVISIONS NO LONGER NECESSARY
WHEREAS, the City of Grand Terrace adopted Chapter 2.20 (“Community Redevelopment Agency”) of Title 2 (“Administration and Personnel”) of the Grand Terrace Municipal Code concerning the community redevelopment agency; however the chapter is obsolete and unnecessary given that there is no longer a Community Redevelopment Agency; and
WHEREAS, the City of Grand Terrace adopted Chapter 2.28 (“Emergency Organization”) of Title 2 (“Administration and Personnel”) of the Grand Terrace Municipal Code concerning emergency organization and formation of a disaster council; however the City now follows the Incident Command System (ICS) organization as required by the Federal Emergency Management Agency (FEMA), rendering the Chapter obsolete; and
WHEREAS, the City of Grand Terrace adopted Chapter 2.40 (“Training of Law Enforcement Officers”) of Title 2 (“Administration and Personnel”) of the Grand Terrace Municipal Code concerning regulations for training of law enforcement officers; however the City contracts with San Bernardino County Sheriff’s Department for law enforcement training services rendering the Chapter obsolete; and
WHEREAS, the City of Grand Terrace adopted various chapters within Title 6 (“Animals”) of the Grand Terrace Municipal Code, including Chapter 6.12 (“Apiaries”) , which regulates keeping of bees and apiaries throughout the city, Chapter 6.16 (“Hogs”), which regulates the activities of hog keeping, Chapter 6.20 (“Commercial Kennels”), which regulates operation, control and management of commercial kennels, Chapter 6.24
01247.0001/999770.2
(“Livestock”), which regulates livestock activities, and Chapter 6.28 (“Riding Academies”), which regulates the activities of riding academies; and WHEREAS, the City has transitioned from a primarily rural community to a more urbanized environment, making the provisions for animal and livestock keeping and related activities inapplicable and obsolete; and
WHEREAS, the City Council recognizes the need to update and modernize the City’s regulations to better reflect the City’s contemporary urban setting and community standard; and
WHEREAS, the City of Grand Terrace adopted Chapter 8.16 (“Aircraft Takeoffs and Landings”) of Title 8 (“Health and Safety”) of the Grand Terrace Municipal Code concerning aircraft takeoff and landing areas; and
WHEREAS, the Federal Aviation Administration (FAA) now provides comprehensive regulations covering aircraft takeoff and landing, rendering local regulations redundant and unnecessary, as are no suitable locations within the city limits of Grand Terrace where aircraft takeoff and landing would occur; and
WHEREAS, the City of Grand Terrace adopted Chapter 8.24 (“Ambulances”) of Title 8 (“Health and Safety”) of the Grand Terrace Municipal Code concerning regulations of ambulances; and WHEREAS, the regulation of ambulances is now under the
jurisdiction of San Bernardino County and the Inland Counties Emergency Medical Agency (ICEMA), rendering local regulations redundant and unnecessary; and
WHEREAS, the City of Grand Terrace adopted Chapter 8.72 (“Abandoned Orchards”) of Title 8 (“Health and Safety”) of the Grand Terrace Municipal Code concerning neglected or abandoned orchards, which is inapplicable and impractical given the current character of the City; and
WHEREAS, the City Council adopted Chapter 9.26 (“Synthetic Drugs - Sale and Use Prohibited”) of Title 9 (“Public Peace, Morals, and Welfare”) of the Grand Terrace Municipal Code regulating recreational use of synthetic drugs and legal use stimulant products; and WHEREAS, the regulation of synthetic drugs and legal use stimulant products has been comprehensively addressed by federal law, rendering this Chapter redundant and unnecessary; and
01247.0001/999770.2
WHEREAS, the City Council recognizes the need to review and regularly update the Grand Terrace Municipal Code to that the repeal of each of these referenced regulations will streamline the Municipal Code and remove unnecessary provisions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and incorporated herein by this reference.
SECTION 2. Chapter 2.20 (“Community Redevelopment Agency”) of Title 2 (“Administration”) of the Grand Terrace Municipal Code is hereby repealed in its entirety.
SECTION 3. Chapter 2.28 (“Emergency Organization”) of Title 2 (“Administration”) of the Grand Terrace Municipal Code is hereby repealed in its entirety.
SECTION 4. Chapter 2.40 (“Training of Law Enforcement Officers”) of Title 2 (“ Administration”) of the Grand Terrace Municipal Code is hereby repealed in its entirety.
SECTION 5. Chapter 6.12 (“Apiaries”) of Title 6 (“Animals”) of the Grand Terrace Municipal Code is hereby repealed in its entirety.
SECTION 6. Chapter 6.16 (“Hogs”) of Title 6 (“Animals”) of the Grand Terrace Municipal Code is hereby repealed in its entirety.
SECTION 7. Chapter 6.20 (“Commercial Kennels”) of Title 6 (“Animals”) of the Grand Terrace Municipal Code is hereby repealed in its entirety.
SECTION 8. Chapter 6.24 (“Livestock”) of Title 6 (“Animals”) of the Grand Terrace Municipal Code is hereby repealed in its entirety.
SECTION 9. Chapter 6.28 (“Riding Academies”) of Title 6 (“Animals”) of the Grand Terrace Municipal Code is hereby repealed in its entirety.
SECTION 10. Chapter 8.16 (“Aircraft Takeoffs and Landings”) of Title 8 (“Health and Safety”) of the Grand Terrace Municipal Code is hereby repealed in its entirety.
SECTION 11. Chapter 8.24 (“Ambulances”) of Title 8 (“Health and Safety”) of the Grand Terrace Municipal Code is hereby repealed in its entirety.
SECTION 12. Chapter 8.72 (“Abandoned Orchards”) of Title 8 (“Health and Safety”) of the Grand Terrace Municipal Code is hereby repealed in its entirety.
SECTION 13. Chapter 9.26 (“Synthetic Drugs”) of Title 9 (“Public Peace, Morals and Welfare”) of the Grand Terrace Municipal Code is hereby repealed in its entirety.
01247.0001/999770.2
SECTION 14.SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 15. EFFECTIVE DATE. This ordinance shall be effective on the thirtieth (30th) day after the day of its adoption.
SECTION 16. CERTIFICATION. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published as required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the ___ day of _______________ 2024. _____________________________
Bill Hussey
Mayor
ATTEST:
____________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
____________________________
Adrian R. Guerra
City Attorney
AGENDA REPORT
MEETING DATE: October 8, 2024
TITLE: Introduction and First Reading of Ordinance No. 361 to Add Section 9.05.040 (Seizure of evidence) and Section 9.05.050 (Impoundment) to the Grand Terrace Municipal Code
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: Direct the City Attorney to read by title only, waive reading of, and introduce “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ADDING SECTION 9.05.040 (SEIZURE OF EVIDENCE) AND SECTION 9.05.050 (IMPOUNDMENT) TO THE GRAND
TERRACE MUNICIPAL CODE TO PROVIDE ADDITIONAL
ENFORCEMENT MECHANISMS FOR VIOLATION OF SIDEWALK
VENDOR REGULATIONS IN ORDER TO PROTECT PUBLIC HEALTH,
SAFETY, AND WELFARE.”
2030 VISION STATEMENT:
This staff report supports City Council Goal #2 “Maintain Public Safety” by providing guidance on the enforcement of unlicensed and unpermitted sidewalk vendors which endanger the health, safety, and welfare of residents and visitors of the City.
BACKGROUND:
On January 8, 2019, the City Council adopted Ordinance No. 321, amending Section 5.64.060 and adding Chapter 9.05 to Title 9 of the Grand Terrace Municipal Code (“GTMC”) to establish regulations for sidewalk vendors. Ordinance No. 321 provided general operational requirements for sidewalk vendors in compliance with Senate Bill 946.
Since the passage of the City’s sidewalk vending regulations, the City has faced issues related to unlicensed and unpermitted sidewalk vendors operating on the public right-of-way in violation of the GTMC. Violations relate to the objective health, safety, or welfare concerns including, but not limited to, the following:
• Serving food without a health permit;
• Dumping grease and oil on a sidewalk and street;
• Playing loud music;
• Operating late hours (between 9:00 p.m. and 8:00 a.m. of the next day); • Setting up a large customer seating area over the sidewalk; and • Blocking safe paths of travel on sidewalks for pedestrians and persons with disabilities.
Additionally, unlicensed and unpermitted sidewalk vendors create unfair competition for lawful operations. Therefore, enforcing the City’s regulations is crucial for the promotion of safe and fair
practices. Since sidewalk vending has been decriminalized by Senate Bill 946, updated enforcement methods are required for the City to seek compliance with its sidewalk vendor regulations.
DISCUSSION:
The proposed ordinance addresses the City’s concerns by authorizing two methods of enforcement.
I.Seizure of Evidence (Section 9.05.040)
Section 9.05.040 authorizes the seizure of a sidewalk vendor’s pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, and associated equipment, food, utensils, goods, or merchandise (collectively “items”) that serve as evidence of a crime or booked as property after an arrest of a sidewalk vendor for violation of any local, state, or federal laws or regulations, excluding Chapter 9.05. Items seized under this circumstance will be stored and processed in accordance with the San Bernardino County Sheriff’s Department’s applicable policies and procedures and any other applicable state law.
II.Impoundment (Section 9.05.050)
Section 9.05.050 authorizes any city official, including a peace officer, code enforcement officer or inspector, firefighter, fire prevention specialist, examiner, or other agent of the City to impound a sidewalk vendor’s items used in violation of Section 2080.10 of the California Civil Code, Section 114393 of the California Health and Safety Code, and/or any other applicable City, county, or state law including any of the following reasons:
1. Food displayed, offered or made available for sale, including equipment or utensils used by a sidewalk vendor, without holding a valid and displayed health permit from the San Bernardino County Health Department in violation of county or state law.
2. Items reasonably appear to be unattended or abandoned on public or private property for more than 30 consecutive minutes without moving from the exact spot it was located and reasonable attempts were made to locate the owner or responsible person(s) within the first 50 feet of the items.
3. Items displayed, offered, or made available for sale by a sidewalk vendor who does not possess a valid applicable permit pursuant to Chapter 5.64 and a City business license pursuant to Chapter 5.04.
4. Items displayed, offered, or made available for sale by a sidewalk vendor who operates in violation of this chapter and refuses or fails to provide identification.
5. Operation in violation of this chapter and refusal or failure by a sidewalk vendor to remove items from public or private property within 30 consecutive minutes after being instructed to do so by a city official or other agent of the City.
6. Items displayed, offered, or made available for sale by a sidewalk vendor who vends in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and fails to maintain a minimum of 48 inches of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices, and/or in violation of the Federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.
7. Items displayed, offered, or made available for sale in violation of any applicable federal, state, county, or City laws, ordinances, and regulations, including, but not limited to, illegal or counterfeit merchandise, alcohol, tobacco, cannabis, smoke or vaping products, adult-oriented material, live animals, weapons, and/or pharmaceuticals.
8. Items creating an imminent and substantial danger or environmental hazard to the health, safety, or general welfare of the public or property at the location of the vending cart such as,
but not limited to, discharge of oil, grease, or other slippery substances on the street or sidewalk without any effort to maintain best management practices; using unapproved portable cooking equipment, heating element, gas-fueled appliance, generator, or any open flame; during an urgent or emergency public safety event or incident; lack of a fire extinguisher; using any luminaire, flashing lights, or any other animated devices or sign; or using, operating, or permitting any radio, loudspeaker, or other machine or device for the producing or reproducing of sound.
9. Items displayed, offered, or made available for sale by a sidewalk vendor who has, within a 24- month period, been issued three or more administrative citations for violations of this chapter.
Impounded items that are perishable or cannot be safely stored may be disposed of while all other impounded items will be stored by the City for not less than 30 nor more than 60 days. The owner will be duly notified and given an opportunity to retrieve their impounded items within a set time frame by paying any applicable impound fees and demonstrating proper proof of ownership.
Conversely, a sidewalk vendor may choose to appeal the impoundment by paying an appeal fee and filing an administrative hearing request in writing. The hearing shall be in front of a hearing officer designated by the city manager. If the hearing officer reverses the impoundment decision, the appellant shall receive his or her impounded items and be refunded the appeal fee. Otherwise, the appellant must retrieve their impounded items in accordance with the recovery procedures provided in subsections (F)(3)(i) and (H).
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
Costs associated with the enforcement.
01247.0001/1019853.2
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ADDING SECTION 9.05.040 (SEIZURE OF EVIDENCE) AND SECTION 9.05.050 (IMPOUNDMENT) TO THE GRAND
TERRACE MUNICIPAL CODE TO PROVIDE ADDITIONAL
ENFORCEMENT MECHANISMS FOR VIOLATION OF SIDEWALK
VENDOR REGULATIONS IN ORDER TO PROTECT PUBLIC HEALTH,
SAFETY, AND WELFARE
WHEREAS, the California Constitution, article XI, section 7, authorizes the City of Grand Terrace (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with the general laws; and WHEREAS, Senate Bill number 946, including Government Code section 51038 authorizes the City to regulate sidewalk vending to help protect public health and safety; and
WHEREAS, the City has previously adopted Grand Terrace Municipal Code (“FMC”) chapter 9.05 (“Vending on City Sidewalks”), Title 9 (“Public Peace, Morals and Welfare”) to regulate sidewalk vending within the City; and WHEREAS, The City now desires to add FMC sections 9.05.040 (“Seizure of Evidence”) and 9.05.050 (“Impoundment”) to help protect the City’s community by more effectively regulating sale of food, goods, and merchandise creating a health and safety danger.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS:
SECTION 1. The Recitals set forth above are incorporated herein by this reference.
SECTION 2. Section 9.05.040 (“Seizure of Evidence”) of Chapter 9.05 (“Vending on City Sidewalks”) of Title 9 (“Public Peace, Morals and Welfare”) of the Grand Terrace Municipal Code is hereby added and shall now read as follows:
9.05.040 – Seizure of evidence.
Any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, and associated equipment, food, utensils, goods, or merchandise that are evidence of a crime or booked as property after arrest of a sidewalk vendor for violation of any local, state, or federal laws or regulations, excluding this chapter, may be seized and stored in accordance with the San Bernardino County Sheriff’s Department’s applicable policies and procedures and any other applicable state law.
01247.0001/1019853.2
SECTION 3. Section 9.05.050 (“Impoundment”) of Chapter 9.05 (“Vending on City Sidewalks”) of Title 9 (“Public Peace, Morals and Welfare”) of the Grand Terrace Municipal Code is hereby added and shall now read as follows:
9.05.050 – Impoundment.
A. Impound means to seize or take custody of a sidewalk vendor’s pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, and associated equipment, food, utensils, goods, or merchandise (collectively “items”) because of a violation of any applicable law or regulation.
B. Impoundment authorization. Any city official, including a peace officer, code enforcement officer or inspector, firefighter, fire prevention specialist, examiner, or other agent of the City may impound a sidewalk vendor’s items used in violation of this chapter pursuant to Section 2080.10 of the California Civil Code, Section 114393 of the California Health and Safety Code, and/or any other applicable City, county, or state law for any of the following reasons:
1. Food displayed, offered or made available for sale, including equipment or utensils used by a sidewalk vendor, without holding a valid and displayed health permit from the San Bernardino County Health Department in violation of county or state law.
2. Items reasonably appear to be unattended or abandoned on public or private property for more than 30 consecutive minutes without moving from the exact spot it was located and reasonable attempts were made to locate the owner or responsible person(s) within the first 50 feet of the items.
3. Items displayed, offered, or made available for sale by a sidewalk vendor who does not possess a valid applicable permit pursuant to Chapter 5.64 and a City business license pursuant to Chapter 5.04.
4. Items displayed, offered, or made available for sale by a sidewalk vendor who operates in violation of this chapter and refuses or fails to provide identification.
5. Operation in violation of this chapter and refusal or failure by a sidewalk vendor to remove items from public or private property within 30 consecutive minutes after being instructed to do so by a city official or other agent of the City.
6. Items displayed, offered, or made available for sale by a sidewalk vendor who vends in a manner that blocks or obstructs the free movement of
01247.0001/1019853.2
pedestrians on sidewalks and fails to maintain a minimum of 48 inches of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices, and/or in violation of the Federal Americans with Disabilities Act of 1990 (Public Law 101- 336) and other disability access standards.
7. Items displayed, offered, or made available for sale in violation of any applicable federal, state, county, or City laws, ordinances, and regulations, including, but not limited to, illegal or counterfeit merchandise, alcohol, tobacco, cannabis, smoke or vaping products, adult-oriented material, live animals, weapons, and/or pharmaceuticals.
8. Items creating an imminent and substantial danger or environmental hazard to the health, safety, or general welfare of the public or property at the location of the vending cart such as, but not limited to, discharge of oil, grease, or other slippery substances on the street or sidewalk without any effort to maintain best management practices; using unapproved portable cooking equipment, heating element, gas-fueled appliance, generator, or any open flame; during an urgent or emergency public safety event or incident; lack of a fire extinguisher; using any luminaire, flashing lights, or any other animated devices or sign; or using, operating, or permitting any radio, loudspeaker, or other machine or device for the producing or reproducing of sound.
9. Items displayed, offered, or made available for sale by a sidewalk vendor who has, within a 24-month period, been issued three or more administrative citations for violations of this chapter.
C. Disposal authorization. The City may immediately dispose of impounded items that are perishable and/or cannot be safely stored.
D. Impoundment period of items held by City. The impoundment of any sidewalk vendor's items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, may be held by the City for not less than 30, nor more than 60, calendar days from the date of impoundment.
E. Impoundment notification. Upon impoundment of items under this section, the city manager or city manager’s designee shall do all the following:
1. Take responsibility for the storage, documentation, and disposition of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.
01247.0001/1019853.2
2. Provide the person from whom the items were taken with a receipt and instructions for the retrieval of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored. The receipt and instructions shall either be given at the time the city official obtained the items or mailed on the next business day, by first class mail.
3. If the city official has knowledge that the person from whom the items were taken is not the owner or if the owner cannot otherwise be ascertained, the city manager or city manager’s designee shall make reasonable efforts to identify the owner. If the owner is identified, the city manager or city manager’s designee shall mail, by first class mail, a receipt and instructions for the retrieval of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.
i. The receipt and instructions shall notify the person from whom the items were taken that the items must be claimed either within:
(A) 30 calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, and that if the items are not claimed within the applicable time, the items will be disposed of in accordance with the disposal provisions of this section or any other applicable county or state law. Within the applicable 30 or 60 calendar days, the person may do one of the following.
1. Retrieve the items, excluding any items that were
immediately disposed of because they were perishable
and/or could not be safely stored.
2. Authorize in writing another person to retrieve the items, excluding any items that were immediately disposed of
because they were perishable and/or could not be safely stored.
3. Notify the City in writing that they are unable to retrieve the items because they are in custody (e.g., jail or prison) and request the City to hold the items, excluding any items that were immediately disposed of because they were
perishable and/or could not be safely stored. If a person notifies the City that they are unable to either retrieve the items within the applicable 30 or 60 calendar days or have an authorized person retrieve the items, the City shall hold the items for not longer than ten additional months, after which time the City may dispose of the items in
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accordance with the disposal provisions of this code or any other applicable county or state law.
ii. Pursuant to state law the City shall not be liable for damages caused by any official action performed with due care regarding the disposition of items pursuant to this section and the disposal provisions of this chapter.
F. Appeal of impoundment. An aggrieved sidewalk vendor may appeal the impoundment of their items by requesting an administrative hearing.
1. An aggrieved sidewalk vendor shall have a right to appeal the impoundment of their items within 15 calendar days after notice of the action or 15 calendar days after the decision has been mailed to the appellant’s address.
2. An appeal shall be taken by filing with the city clerk a written appeal along with an appeal fee as set by resolution of the City Council. The written appeal statement shall contain, at a minimum, the following:
i. The name, current mailing address, and telephone number of the appellant;
ii. The date of impoundment of items by a city official; iii. A statement as to grounds for an appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy; and
iv. The signature of the appellant under penalty of perjury as to the contents of the request for appeal.
3. An appeal shall be scheduled for a hearing before a hearing officer designated by the city manager within 60 days of the filing and payment of the appeal, unless both the appellant and the hearing officer consent to a later date.
4. The city manager shall give notice in writing to the appellant of the date, time, and location of the appeal hearing. At the hearing, the hearing officer shall review the record of the decision for impoundment of items and hear testimony of the appellant, if any, and any other interested party. The hearing officer may continue the hearing and request additional information from the appellant or the City prior to issuing a decision.
01247.0001/1019853.2
5. After the hearing, the hearing officer shall issue a written decision within ten days of the hearing to uphold or reverse the impoundment. The hearing officer shall mail notice of the decision to the appellant. The decision of the hearing officer on the appeal shall be final.
6. When an impoundment decision is reversed, the hearing officer shall state the reason for reversal. Reversal shall result in the City returning the impounded items (excluding items that are perishable and/or could not be safely stored) and any appeal fee paid back to the appellant within 15 business days.
7. When an impoundment decision is upheld, the hearing officer shall state the reason for upholding impoundment. The appellant may retrieve impounded items in accordance with subsections (F)(3)(i) and (H) of this section, and the City may retain any appeal fee paid.
G. Recovery of impounded items and payment of impound fees. A sidewalk vendor may recover impounded items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, upon paying applicable impound fees and demonstrating proper proof of ownership of the items. The City Council may by resolution adopt impound fees, which shall reflect the City's personnel, enforcement, investigation, storage, disposal, and impound costs.
H. Unclaimed items. Any unclaimed items will be considered abandoned and forfeited to the City after (A) 30 calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, or any other applicable City, county, or state law.
I. The city manager is further authorized to develop additional regulations for the storage and release of impounded items not in conflict with this chapter.
SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be effective on the thirtieth (30th) day after the day of its adoption.
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SECTION 6. CERTIFICATION. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published as required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace, California at a regular meeting held on the ___ day of _______ 2024. __________________________
Bill Hussey
Mayor
ATTEST:
_____________________________
Debra Thomas
City Clerk
APPROVED AS TO FORM:
_____________________________
Adrian R. Guerra
City Attorney
AGENDA REPORT
MEETING DATE: October 8, 2024
TITLE: Introduction and First Reading of Ordinance No. 363 to Add Chapter 9.36 of Title 9 to the Grand Terrace Municipal Code
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: Direct the City Attorney to read by title only, waive reading of, and introduce “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, STATE OF CALIFORNIA, ADDING CHAPTER 9.36 OF TITLE 9
TO THE GRAND TERRACE MUNICIPAL CODE TO PROHIBIT ANY
UNSANCTIONED GOVERNMENT-SPONSORED RELOCATION OF
UNHOUSED PERSONS TO THE CITY OF GRAND TERRACE.”
2030 VISION STATEMENT:
This staff report supports City Council Goal #1 “Ensure Our Fiscal Viability” by implementing policies to retain City resources for homeless-related issues and City Council Goal #5 “Engage in Proactive Communication” by implementing policies and prohibitions against government-sponsored relocation of unhoused persons into the City’s jurisdiction.
BACKGROUND:
The City Attorney’s office became aware of a recent incident in the City of Santa Cruz (“Santa Cruz”) where two law enforcement officers from the City of Hanford transported a disabled, unhoused individual (“Person Doe”), with a truck full of their possessions, from the City of Hanford to a homeless shelter parking lot in Santa Cruz. These officers had not received authorization for this drop-off from either the shelter operator or Santa Cruz staff. While Person Doe was ultimately accepted into the shelter, it was discovered that they had no connection to Santa Cruz—Person Doe had never been to Santa Cruz, had no friends or family in the area, and never requested to be transported to the shelter.
In response to this incident, the Santa Cruz City Council introduced and approved an ordinance to prohibit any unsanctioned government-sponsored transportation of unhoused persons into its jurisdiction. Santa Cruz emphasized the need for these regulations by stating there is reason to believe that other jurisdictions may engage in this type of conduct again, especially in light of the recent decision by the Supreme Court of the United States in City of Grants Pass v. Johnson, 144 S.
Ct. 2202, 2224 (2024).
In Grants Pass, the U.S. Supreme Court overruled the Ninth Circuit Court of Appeals precedent, finding laws that regulate camping did not violate the Cruel and Unusual Punishments Clause of the Eighth Amendment. Following this decision, Governor Gavin Newsom issued Executive Order N-1-24 which directed the removal of homeless encampments on state properties, encouraging cities and counties to do the same.
DISCUSSION:
While the City has no history of incidents similar to that of Santa Cruz, the City Attorney’s office and staff recognize the importance of preempting such unsanctioned relocations. The City has traditionally had a low homeless population and, as a result, lacks the resources to provide shelter and services to any unhoused individual who is dropped off in the City. Further, the practice of transporting and dropping off unhoused persons to another jurisdiction hinders cities and counties from responsibly addressing its own homelessness crisis, including the provision of shelter, affordable housing, and outreach services.
The proposed ordinance addresses these concerns by prohibiting any government-sponsored relocation of unhoused persons into the City’s jurisdiction, subject to limited exceptions. This will aim to ensure and deter nearby jurisdictions responding to the recent decision in Grants Pass and Executive Order N-1-24 from resorting to unproductive conduct (i.e., relocation of unhoused persons) that fail to actually solve homelessness. A violation of this regulation will be a misdemeanor.
The proposed ordinance encourages other government entities to responsibly resolve their homelessness-related issues within their own jurisdiction. The positive impacts of this ordinance include:
1. Preserving the City's limited homelessness-related resources, including but not limited to shelter and outreach, for the benefit of individuals residing in the City.
2. Encouraging the appropriate government agencies to provide shelter, care, outreach, and other homelessness-related resources to persons experiencing homelessness within their jurisdiction, rather than simply transporting these individuals elsewhere.
3. Preventing government agencies from engaging in cruel and inhumane treatment of unhorsed persons.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
Costs associated with the enforcement of and attorney’s fees for the prosecution of the proposed ordinance.
01247.0001/1019845.1
ORDINANCE NO. 362
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, ADDING CHAPTER 9.36 OF TITLE 9 TO THE
GRAND TERRACE MUNICIPAL CODE TO PROHIBIT ANY
UNSANCTIONED GOVERNMENT-SPONSORED RELOCATION OF
UNHOUSED PERSONS TO THE CITY OF GRAND TERRACE
WHEREAS, the City of Grand Terrace (“City”) has become aware of a recent incident in which a disabled, unhoused individual was transported and dropped off in the City of Santa Cruz by Hanford Police Department officers without any authorization from the City of Santa Cruz or its homeless shelter operators; and WHEREAS, if cities and counties can simply relocate unhoused persons to another jurisdiction, no jurisdiction would be incentivized to provide shelter, affordable housing, and outreach services critical to solving California’s homelessness crisis; and WHEREAS, incidents similar to the one described above prevent all cities and counties from responsibly addressing homelessness; and
WHEREAS, the City does not have the resources available to provide shelter and services to any person experiencing homelessness who is dropped off in the City by law enforcement officers, employees, or agents of another jurisdiction; and WHEREAS, Governor Gavin Newsom’s recent Executive Order N-1-24 directed removal of homeless encampments on state properties which may cause more cities and counties to attempt relocation of its unhoused population; and WHEREAS, the City Council now desires to add provisions to the City’s Municipal Code to preempt any similar incidents to that of the City of Santa Cruz.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS:
SECTION 1. The Recitals set forth above are incorporated herein by this reference.
SECTION 2. Chapter 9.36 (“Prohibition of Unsanctioned Government-Sponsored Relocation of Unhoused Persons”) of Title 9 (“Public Peace, Morals and Welfare”) of the Grand Terrace Municipal Code is hereby added and shall now read as follows:
9.36.010 – Purpose.
The purpose of this chapter is to:
01247.0001/1019845.1
A. Help preserve the City’s limited homelessness-related resources, including but not limited to shelter and outreach, for the benefit of individuals residing in the City; and
B. Encourage the appropriate government agencies to provide shelter, care, outreach, and other homelessness-related resources to persons experiencing homeless within their jurisdiction, rather than simply transporting these individuals elsewhere; and
C. Prevent government agencies from engaging in the cruel and inhumane treatment of unhoused persons.
9.36.020 – Unsanctioned relocation prohibited.
A. No law enforcement officer, agent, or employee of a county, city, or other governmental entity, when acting in their official capacity, shall transport and drop off an individual on public property or private property that is accessible to the public within the City of Grand Terrace if the individual lacks a fixed, regular, and adequate nighttime residence.
B. A person “lacks a fixed, regular, and adequate nighttime residence” within the meaning of this section if that person:
1. Has a primary nighttime residence that is on public property or private property not meant for habitation; or
2. Lives in a publicly or privately operated shelter designated to provide temporary living arrangements, including but not limited to congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs; or
3. Is exiting an institution where they have resided for 90 days or less and resided in an emergency shelter or place not meant for habitation immediately before entering that institution.
9.36.030 – Exceptions.
The prohibitions of this chapter shall not apply to the following authorized activities:
A. Transporting a person to be treated at a hospital or other medical facility; or B. Transporting a person to reside at a facility such as a shelter, temporary housing, or permanent housing, when a law enforcement officer, agent, or employee of a county, city, or other governmental agency has verified that the
01247.0001/1019845.1
individual being transported has already been accepted to reside at the facility; or
C. Transporting a person to attend a verified appointment with a governmental or non-profit social service provider; or
D. Any transportation or drop off activities undertaken by the City of Grand Terrace or the San Bernardino County Sheriff’s Department on the City’s behalf within the City of Grand Terrace; or
E. The operations of a governmental provider of public transportation, including but not limited to Omnitrans.
9.36.040 – Violations and penalties.
A violation of any provision of this chapter shall be a misdemeanor.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective on the thirtieth (30th) day after the day of its adoption.
SECTION 5. CERTIFICATION. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published as required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace, California at a regular meeting held on the ____ day of ____________ 2024. __________________________
Bill Hussey
Mayor
ATTEST:
_____________________________
Debra Thomas
City Clerk
01247.0001/1019845.1
APPROVED AS TO FORM:
_____________________________
Adrian R. Guerra
City Attorney
AGENDA REPORT
MEETING DATE: October 8, 2024
TITLE: Introduction and First Reading of Ordinance No. 362 to Add Chapter 9.32 of Title 9 to the Grand Terrace Municipal Code
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: Direct the City Attorney to read by title only, waive reading of, and introduce “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, STATE OF CALIFORNIA, ADDING CHAPTER 9.32 OF TITLE 9
TO THE GRAND TERRACE MUNICIPAL CODE TO PROHIBIT UNLAWFUL CAMPING AND STORAGE OF PERSONAL PROPERTY.”
2030 VISION STATEMENT:
This staff report supports City Council Goal #2 “Maintain Public Safety” by providing guidance on the removal of campsites and personal property stored on public property which cause fire risks, environmental degradation, public access impediments, unsanitary conditions, and public safety hazards. This staff report also supports City Council Goal #5 “Engage in Proactive Communication” by providing staff and the San Bernardino County Sheriff’s Department with procedures regarding the removal of unlawful campsites and unlawfully stored personal property.
BACKGROUND:
I. Legal Landscape
Prior to the United States Supreme Court’s decision in City of Grants Pass, Oregon v. Johnson, the Ninth Circuit Court of Appeals had prohibited California cities from imposing criminal sanctions against people experiencing homelessness for camping on public property when there was no alternative shelter available. Anticamping ordinances that criminalized sleeping outside, on public property were found to violate the Cruel and Unusual Punishments Clause of the Eighth Amendment of the U.S. Constitution. As long as there was a greater number of unhoused individuals in a jurisdiction than the number of available beds in shelters, the jurisdiction was prohibited from prosecuting these individuals for sleeping outdoors on public property.
On June 28, 2024, the Supreme Court of the United States overruled the Ninth Circuit’s decision by finding the Cruel and Unusual Punishments Clause does not prohibit the enforcement of publiccamping laws. The Court reasoned the “Cruel and Unusual Punishments Clause focuses on the question what method or kind of punishment a government may impose after a criminal conviction, not on the question of whether a government may criminalize particular behavior in the first place or how it may go about securing a conviction for that offense." The Court also recognized that the penalties imposed by the City of Grants Pass did not qualify as cruel or unusual as the initial offense triggered a civil fine, with repeat offenses incurring larger fines or criminal punishments.
Consequently, the Court found Martin overstepped into policy-making territory and noted homelessness was a complex social issue that should be handled by the state and local communities.
II. Implications of Grants Pass on Future Challenges to Camping Ordinances While municipalities may now pursue enforcement of camping prohibitions regardless of shelter availability, it is important to note the Grants Pass holding is limited in scope to the Cruel and Unusual Punishments Clause. In fact, the dissenting opinion provided other potential claims under which persons experiencing homelessness or their advocates may bring a claim: (1) The Excessive Fines Clause of the Eighth Amendment of the United States Constitution, (2) The Due Process Clause of the Fifth and Fourteenth Amendments, and (3) The Fourth Amendment of the United States Constitution. The dissent also discussed the potential for regulations that completely ban harmless life-sustaining activities (i.e., sleeping, lying down, eating) to overly burden an individual’s right to travel. As such, camping ordinances should avoid blanket bans on camping activities, continue to impose reasonable fines, clearly define and articulate prohibitions and associated penalties, provide notice before removal of campsites and associated personal property, and properly store personal property collected during a removal.
_________________________
City of Grants Pass, Oregon v. Johnson, 144 S. Ct. 2202 (2024).
Martin v. Boise, 902 F. 3d 1031, 1035 (2018).
Id. at1049. See also "Excessive bail shall not be required, no excessive fines imposed, nor cruel and unusual punishments inflicted." U.S. Const. amend. XIII.
Id. at 1048.
City of Grants Pass, 144 S. Ct. 2202, 2224.
Id. at 2216 (internal quotation marks omitted).
Id. at 2216; see also id. ("imilar punishments have been and remain among the usual modes for punishing offenses throughout the country.") (internal quotation marks omitted).
Id. at 2226; see also id. at (noting Martin "interfered with essential considerations of federalism, taking from the people and their elected leaders difficult questions traditionally through to be in their province.") (internal quotation marks omitted).
Id. at 2224.
Id. at 2242
Id. at 2242-43.
Id. at 2243
Id. at 2243; see also Pottinger v. City of Miami, 810 F. Supp. 1551, 1580 (1992).
DISCUSSION:
As noted above, camping and storage of personal property on public property often creates unsanitary and unhealthy environments for inhabitants of the City, including unhoused persons.
These activities contribute to fire risks, environmental degradation, and public safety hazards.
Additionally, they often impede access to businesses and public facilities, preventing use of these facilities and open spaces for their intended purposes.
The proposed ordinance addresses these issues by creating standards for enforcement of campsites and unlawful storage of personal property on public property. The City has previously had no regulations on camping or storage of personal property on public property. Now, staff seeks to mitigate and preempt the negative impacts of these actions in accordance with the recent Grants Pass decision with the consideration of this ordinance.
I. Prohibition on Camping
Many cities with existing camping ordinances or those updating their ordinances in response to Grants Pass either (a) prohibit camping at all times with the exception of certain designated locations; or (b) prohibit camping in the same location for a period of time. Rather than implementing an outright ban, these more measured approaches are advisable in light of Supreme Court’s narrow holding