July 10, 2023 – Regular Meeting Agenda – 7:00 p.m.
Printed on Recycled Paper See Reverse
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July 10, 2023 – City Council Regular Meeting – 7:00 p.m.
City Council Chamber
390 Towne Centre Drive
Lathrop, California
209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
Paul Akinjo, Vice Mayor
Minnie Diallo
Diane Lazard
Jennifer Torres- O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Michael King, Assistant City Manager
Teresa Vargas, Government Services
Director / City Clerk
Brad Taylor, City Engineer
Tony Fernandes, Information Systems Director
Cari James, Finance Director
Juliana Burns, Human Resources Director
Rick Caguiat, Community Development
Director
Todd Sebastian, Parks, Recreation and
Maintenance Services Director
Raymond Bechler, Chief of Police
General Order of Business
1. Preliminary
Call to Order
Closed Session
Roll Call
Invocation
Pledge of Allegiance
Announcements by Mayor/ City Mgr.
Informational Items
Declaration of Conflict of Interest
2. Presentations
3. Citizen’ s Forum
4. Consent Calendar
5. Scheduled Items
Public Hearings
Appeals
Referrals and Reports from
Commissions and Committees
All Other Staff Reports and/or Action
Items
Study Sessions
6. Council Communications
7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.
Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 July 10, 2023 Lathrop City Council Regular Meeting Agenda Page 1
IMPORTANT NOTICE REGARDING THIS MEETING
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. This meeting will also be available for public participation by teleconference via ZoomGov at the following link:
https:// www.zoomgov.com/ j/1619689329?pwd=RndqV2NKM2djQk hFSGREb1gvN0pYQT09
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “ raise the hand” feature to inform the City Clerk ( meeting host) you wish to speak on the matter.
Please ensure your computer speaker and microphone are fully functional.
For audio / calling in only, dial: + 1 ( 669) 254- 5252 or + 1 ( 669) 216- 1590 o To request to speak ( same as the “ raise hand” feature) press * 9 / When the City Clerk calls your name, press * 6 to unmute.
Meeting Webinar ID: 161 968 9329 / Passcode: 386323
If you are not able to attend the meeting in person or virtually - Public comment/ questions will be accepted by email to City Clerk Teresa Vargas at website_ cco@ci. lathrop. ca.us or by calling ( 209) 941- 7230 Questions or comments must be submitted by 4: 00 p.m., on the day of the meeting.
To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.
Council Meetings are live- streamed ( with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https:// www. ci.lathrop. ca. us/ citycouncil/ page/ live- stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker ( see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 2 July 10, 2023 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’ s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’ s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’ s Forum will be called upon to speak.
Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation ( see instructions on speaker form) and each speaker may only speak once on this agenda item.
Please note, the Council Chamber has limited occupancy due to social distancing.
To leave a voice message for all Councilmembers simultaneously, dial ( 209) 941- 7230. To send an e-mail for Councilmembers simultaneously email: citycouncil@ci. lathrop. ca. us. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https:// www. ci.lathrop. ca.us/ meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the LathropManteca Fire District “ J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’ s website.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/ or accommodations to this meeting. [ 28 CFR 35.102- 35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at ( 209) 941- 7230. Information about the City or items scheduled on the Agenda may be referred to:
Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: ( 209) 941- 7230
3 July 10, 2023 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, JULY 10, 2023
7:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 5:45 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 CLOSED SESSION
1.2.1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b)
Potential Case( s)
1.2.2 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS: Pursuant To Government Code Section 54956. 8
Property: APNs 192- 020- 44 & 192- 020- 45
Agency Negotiator: Stephen Salvatore, City Manager
Negotiation Parties: Saybrook, CLSP, LLC
Under Negotiation: Price and Terms of Negotiations
1.2.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code Section 54957
City Attorney
City Manager
RECONVENE
1.2.4 REPORT FROM CLOSED SESSION
1.3 ROLL CALL
1.4 INVOCATION
1.5 PLEDGE OF ALLEGIANCE
1.6 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
4 July 10, 2023 Lathrop City Council Regular Meeting Agenda Page 4
1.7 INFORMATIONAL ITEM( S) – None
1.8 DECLARATION OF CONFLICT(S) OF INTEREST
2. PRESENTATIONS
2.1 PRESENTATION OF ARTWORK DONATION FROM THE MARTIN FAMILY TO THE LATHROP MAYOR’ S ART SHOW AND SALE COMMITTEE
2.2 PRESENTATION OF CERTIFICATES OF APPRECIATION TO THE LATHROPMANTECA FIRE DEPARTMENT, AND CITY OF LATHROP PUBLIC WORKS,
POLICE, AND PARKS, RECREATION & MAINTENANCE SERVICES
DEPARTMENTS FOR THEIR INVOLVEMENT IN THE PREPARATION OF THE ANNUAL JULY 1 CELEBRATION EVENT
2.3 PROCLAMATION DECLARING JULY 2023 AS PARKS AND RECREATION MONTH
2.4 QUARTERLY ECONOMIC DEVELOPMENT PRESENTATION
2.5 POLICE DEPARTMENT PRESENTATION REGARDING PRIORITY ONE CALL
TYPES AND UPDATED RESPONSE TIMES
3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’ s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’ s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’ s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly ( no more than five ( 5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. ( See California Government Code Section 54954. 2(a)). Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST BE
MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately. 5 July 10, 2023 Lathrop City Council Regular Meeting Agenda Page 5
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular Council Meeting of June 12, 2023
4.3 SECOND READING AND ADOPTION OF ORDINANCE 23-446 OF THE CITY
COUNCIL OF THE CITY OF LATHROP LEVYING SPECIAL TAXES WITHIN CITY OF LATHROP COMMUNITY FACILITIES DISTRICT NO. 2023- 1 RIVER ISLANDS PUBLIC SERVICES AND FACILITIES # 2)
Waive Full Reading and Adopt Ordinance 23-446 Levying Special Taxes within City Of Lathrop Community Facilities District No. 2023- 1 ( River Islands Public Services and Facilities # 2)
4.4 APPROVE UPDATES TO THE PERSONNEL RULES AND REGULATIONS Adopt Resolution to Approve Updates to the Personnel Rules and Regulations
4.5 APPROVE THE CREATION OF A DEPUTY CITY MANAGER POSITION Adopt Resolution Creating a Deputy City Manager Position at Grade 90, Approving the Job Description, Updating the Grade Step Table, Unfunding the Deputy Finance Director Position, and Approving the Related Budget Amendment
4.6 APPROVE OUT OF STATE TRAVEL FOR TWO ( 2) LATHROP POLICE DEPARTMENT SCHOOL RESOURCE OFFICERS TO ATTEND THE G.R.E.A.T OFFICER TRAINING IN JULY 2023
Adopt Resolution Approving Out of State Travel for Two ( 2) Lathrop Police Department School Resource Officers to Attend the Gang Resistance Education and Training ( G.R.E.A.T) Officer Training in Scottsdale, Arizona from July 24, 2023 to July 28, 2023
4.7 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SOLID
NETWORKS INC. FOR INFORMATION TECHNOLOGY MAINTENANCE AND
SUPPORT SERVICES
Adopt Resolution Approving a Professional Services Agreement with Solid Networks, Inc. for Information Technology Maintenance and Support Services
4.8 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH EKI
ENVIRONMENT & WATER, INC., FOR PFAS IN GROUNDWATER STUDY, CIP PW 20- 16 GROUNDWATER TREATMENT IMPROVEMENTS
6 July 10, 2023 Lathrop City Council Regular Meeting Agenda Page 6 Adopt Resolution Approving a Professional Services Agreement with EKI Environment & Water, Inc., for PFAS Characterization and Evaluation of Planned PFAS Treatment for CIP PW 20-16 Groundwater Treatment Improvements
4.9 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH EKI
ENVIRONMENT & WATER, INC., FOR MONITORING WELL NETWORK
ABANDONMENT FOR CIP RW 24- 16 RECYCLED WATER SYSTEM
DECOMMISSIONING AND BUDGET AMENDMENT
Adopt Resolution Approving a Professional Services Agreement with EKI Environment & Water, Inc., for Monitoring Well Network Abandonment for CIP RW 24-16 Recycled Water System Decommissioning and Budget Amendment
4.10 APPROVE WASTEWATER TREATMENT CAPACITY TRANSFER FROM SOUTH LATHROP LAND, LLC TO D.R. HORTON, INC. THROUGH THE CITY Adopt Resolution Approving the Transfer of Wastewater Treatment Capacity in the Consolidated Treatment Facility from South Lathrop Land, LLC to D.R. Horton, Inc. through the City and an Associated Transfer Agreement
4.11 RATIFY CITY MANAGER’ S APPROVAL OF AN AGREEMENT WITH SOLID NETWORKS, INC. FOR EQUIPMENT REQUIRED FOR THE CAD-RIMS
TRANSFER PROJECT
Adopt Resolution Ratifying the City Manager’ s Approval of an Agreement with Solid Networks, Inc. for Equipment Required for CAD-RIMS Transfer Project
4.12 ACCEPT INTERSECTION IMPROVEMENTS ASSOCIATED WITH THE SIA FOR PM 19- 03 FROM LATHROP GATEWAY 1, LLC, LOCATED AT THE
INTERSECTION OF MCKINLEY AVENUE AND YOSEMITE AVENUE
Adopt Resolution Accepting Intersection Improvements Associated with the Subdivision Improvements Agreement for Parcel Map 19-03 from Lathrop Gateway 1, LLC, Located at the Intersection of McKinley Avenue and Yosemite Avenue
4.13 ACCEPT STREET LANDSCAPE IMPROVEMENTS LOCATED ON BARBARA
TERRY BOULEVARD AND STANFORD CROSSING FROM LATHROP LAND
ACQUISITION LLC
Adopt Resolution Accepting Street Landscape Improvements on Barbara Terry Boulevard and Stanford Crossing Related to Encroachment Permit Number 2022- 16 from Lathrop Land Acquisition LLC
4.14 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MARINA
LANDSCAPE FOR APOLINAR SANGALANG PARK IMPROVEMENTS, CIP PK 20-18
7 July 10, 2023 Lathrop City Council Regular Meeting Agenda Page 7 Adopt Resolution Accepting Public Improvements Constructed by Marina Landscape, Inc. for the Apolinar Sangalang Park Improvements, CIP PK 20-18, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
4.15 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY GEORGE REED, INC. FOR FISCAL YEAR 2022/ 23 CITYWIDE ROAD MAINTENANCE AND REHABILITATION, CIP PS 22- 45 AND APPROVE BUDGET AMENDMENT Adopt Resolution Accepting Public Improvements Constructed by George Reed, Inc. for Fiscal Year 2022/23 Citywide Road Maintenance and Rehabilitation, CIP PS 22- 45, Authorize the Filing of a Notice of Completion, Release of Contract Retention, Release of Performance and Payment Bonds, and Approve Budget Amendment
4.16 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY CUSHMAN
CONSTRUCTION CORPORATION FOR THE CTF DECHLORINATION
FACILITY, ASSOCIATED WITH CIP WW 20-17 RECYCLED WATER RIVER
DISCHARGE PROJECT
Adopt Resolution Accepting Public Improvements Constructed by Cushman Construction Corporation for the CTF Dechlorination Facility, Associated with CIP WW 20- 17 Recycled Water River Discharge Project, Authorizing the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
4.17 REJECT ALL BIDS FOR CONSTRUCTION OF LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15-02 AND
RE-ADVERTISE FOR BIDS
Adopt Resolution to Reject All Bids for Construction of Louise Avenue and McKinley Avenue Intersection Improvements, CIP PS 15-02 and Authorize Staff to Re- Advertise for Bids
RIVER ISLANDS DEVELOPMENT CONSENT ITEM(S)
4.18 ADOPT 2023 ADEQUATE PROGRESS FINDING TOWARD PROVISION OF 200- YEAR URBAN LEVEL OF FLOOD PROTECTION FOR ISLAND
RECLAMATION DISTRICT 2062 (RIVER ISLANDS PHASES 1 AND 2) Adopt Resolution Adopting 2023 Adequate Progress Findings Toward Providing a 200- Year Urban Level of Flood Protection in Phases 1 and 2 Levees of Island Reclamation District 2062 by the Year 2025, Acting as the Land Use Agency
8 July 10, 2023 Lathrop City Council Regular Meeting Agenda Page 8
5. SCHEDULED ITEMS
5.1 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER ADOPTING AN
ORDINANCE TO IMPLEMENT A COMMUNITY CHOICE AGGREGATION
PROGRAM AND ADOPTING RESOLUTION TO APPROVE A JOINT POWERS
AGREEMENT WITH EAST BAY COMMUNITY ( EBCE) AUTHORITY TO
PROVIDE ELECTRIC SERVICES IN THE CITY OF LATHROP
City Council to Consider the Following:
1. Hold a Public Hearing; and
2. First Reading and Introduction of an Ordinance to Implement a Community Choice Aggregation Program to Provide Electric Services in the City of Lathrop
3. Adopt Resolution to Approve a Joint Powers Agreement with East Bay Community ( EBCE) Authority to Provide Electric Services in the City of Lathrop
5.2 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER FISCAL YEAR 2023- 24 ASSESSMENTS FOR THE LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 93-1 WOODFIELD PARK MAINTENANCE ZONE
Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution Amending and/or Approving the Final Engineer’s Report and Ordering the Levy and Collection of Assessments for the Landscape and Lighting Maintenance District No. 93- 1 Woodfield Park Maintenance Zone for FY 2023-24; Proposed Annual Assessment for Fiscal Year 2023-24 not to exceed 123. 90
5.3 APPOINTMENT OF VOTING DELEGATE/ ALTERNATE FOR 2023 LEAGUE
OF CALIFORNIA CITIES ANNUAL CONFERENCE
Approve Appointment of the City’s Voting Delegate and Alternate for the 2023 League of California Cities Annual Conference, September 20-22, 2023, at the Sacramento SAFE Credit Union Convention Center
5.4 PROVIDE DIRECTION FOR HISTORIC LATHROP BEAUTIFICATION AND CREATE CIP GG 24-23
Adopt Resolution Creating CIP GG 24- 23 Historic Lathrop Beautification Project and Approving Related Budget Amendment
9 July 10, 2023 Lathrop City Council Regular Meeting Agenda Page 9
6. COUNCIL COMMUNICATIONS
6.1 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
Central Valley Executive Committee/ LOCC ( Akinjo/ Diallo) Council of Governments ( Lazard/ Diallo)
Integrated Waste Management Solid Waste Division ( Akinjo/ TorresO’Callaghan) Reclamation District 17 Joint Powers Authority ( Salvatore) San Joaquin Partnership Board of Directors ( Salvatore) San Joaquin County Commission on Aging ( Ince)
San Joaquin Valley Air Pollution Control District ( Akinjo/ Dhaliwal) Water Advisory Board ( Torres- O’Callaghan/ Lazard)
Tri Valley- San Joaquin Valley Regional Rail Authority ( Akinjo) San Joaquin Area Flood Control Agency ( Akinjo/ Lazard/ Torres- O’Callaghan) LAFCo ( Diallo)
6.2 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
Teresa Vargas/
Teresa Vargas, MMC
Government Services Director
City Clerk
10 ITEM 4. 2
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, ] UNE 12, 2023
7: 00 P. M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
MINUTES
PLEASE NOTE• There was no C/osed Session. The Reaular Meetino commended at 7:08, m.
1. PRELIMINARY
1. 1 CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 7: 08 p. m.
1. 2 ROLL CALL Present: Mayor Dhaliwal; Vice Mayor Akinjo; and Councilmembers: Diallo, Lazard and TorresO' Callaghan.
Absent: None.
1. 3 INVOCATION - Pastor Nathaniel Camarena, Abundant Life Center Church, provided the invocation.
1. 4 PLEDGE OF ALLEGIANCE - Pastor Camarena led the pledge of allegiance.
1. 5 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
City Manager Stephen Salvatore announced the appointment of Rick Caguiat to Community Development Director; announced the grant award from the California Public Utilities Commission for the City' s Broadband Infrastructure Master Plan Project to serve the Eastside of Lathrop; and grant award through the Urban Community Drought Relief Grant Program, administered by the Department of Water Resources, for the Aquifer Storage and Recovery Project.
1. 6 INFORMATIONAL ITEM( S) - NONE
1. 7 DECLARATION OF CONFLICT( S) OF INTEREST
Councilmember Lazard declared conflict of interest with Items 4. 15,
4. 16 and 5. 1, due to her employment with Dell' Osso Farms.
Councilmember Diallo declared conflict of interest with Items 4. 15, 4. 16, and 5. 1, due to an agreement with the River Islands Development.
June 12, 2023 Lathrop City Council Regular Meeting Minutes Page 1 11 2. PRESENTATIONS
2. 1 RECOGNITION OF LATHROP HIGH SCHOOL PRINCIPAL GREG LELAND FOR 38 YEARS OF SERVICE AS A DEVOTED EDUCATOR AND SCHOOL
ADMINISTRATOR
Vice Mayor Akinjo, on behalf of the City Council, presented a certificate of recognition to outgoing Lathrop High School Principal Greg Leland for 38 years of service as a devoted educator and school administrator.
2. 2 RECOGNITION OF BENNIE GATTO FOR 34 YEARS OF EXCEPTIONAL
PUBLIC SERVICE TO THE CITY OF LATHROP COMMUNITY
Councilmember Lazard, on behalf of the City Council, presented a certificate of recognition to devoted longtime resident Bennie Gatto for 34 years of exceptional public service to the City of Lathrop community in the capacities of Mayor, Vice Mayor, and Planning Commissioner.
2. 3 PROCLAMATION DECLARING JUNE 2023 AS PRIDE MONTH
Councilmember Torres- O' Callaghan on behalf of the City Council presented a proclamation declaring June 2023 as Pride Month.
2. 4 PROCLAMATION DECLARING JUNE 19, 2023 AS CELEBRATION OF
JUNETEENTH NATIONAL FREEDOM DAY
Councilmember Diallo on behalf of the City Council presented a proclamation declaring June 19, 2023, as celebration of Juneteenth National Freedom Day.
2. 5 PRESENTATION REGARDING UTILITY PAYMENT LATE FEES AND WATER
SERVICE DISCONNECT/ RECONNECT FEES
Deputy Finance Director Thomas Hedegard provided the presentation, which included information related to utility payment late fees, water service disconnect / reconnect fees, resources available to the public, explanation of the funds collected through late fees and the Enterprise Fund, and a fee comparison between other nearby local jurisdictions. A question and answer period followed the presentation. City Attorney Salvador Navarrete, Finance Director Cari James, City Manager Stephen Salvatore provided additional information.
Christina Campoy- Laughlin ( zoom speaker) requested information related to the percentage of monthly late fees from recipients of the CARE Program. The City Council directed stafF to bring back an item for formal City Council action, including a rate study discussion.
June 12, 2023 Lathrop City Council Regular Meeting Minutes Page 2 12 3. CITIZEN' S FORUM
City Clerk Teresa Vargas announced public comment email received from Christina Campoy- Laughlin regarding the school lunch backpack giveaway. Ms.
Campoy- Laughlin ( via zoom) elaborated on her request for information related to the school lunch backpack giveaway. Councilmember Torres- O' Callaghan provided additional information regarding the school program. Gavin Cline ( in person speaker), Legislative Representative for Congress Member John Duarte, provided an overview of various legislative updated and activities for California' s 13th District. Jim Hilson ( in person speaker) commented on the city' s sewer rates. Adriana Lopez ( in person speaker) commented on illegal parking and overall traffic enforcement on all traffic issues and violations.
Reynna Camarena ( in person speaker) commented on late fees for utility accounts, programs to assist low- income families, including seniors and veterans on fixed incomes.
4. CONSENT CALENDAR
On a motion by Mayor Dhaliwal, seconded by Councilmember Lazard, the City Council approved the Consent Calendar, Items 4. 1 through 4. 13, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: Akinjo ( Item 4. 2 only); Diallo ( Item 4. 2 only) Vice Mayor Akinjo and Councilmember Diallo abstained from voting on Item
4. 2, due to their absence during the May 8, 2023, Consolidated Meeting.
On a motion by Vice Mayor Akinjo, seconded by Councilmember Lazard, the City Council approved Item 4. 14 of the Consent Calendar, by the following roll call vote, unless otherwise indicated:
Ayes: Diallo, Lazard, Torres- O' Callaghan and Akinjo
Noes: None
Absent: None
Abstain: Dhaliwal
Mayor Dhaliwa/ abstained from voting on Item 4. 14, due to his residence within the Landscape and Lighting Maintenance District No. 93- 1 ( Woodfield Park Maintenance Zone Area).
June 12, 2023 Lathrop City Council Regular Meeting Minutes Page 3 13 4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS Waived the reading in full of ordinances and resolutions on agenda and adopt by reading of title only, unless otherwise requested by the Mayor or a Councilmember.
4. 2 APPROVAL OF MINUTES
Vice Mayor Akinjo and Councilmember Diallo abstained from voting on Item 4. 2 due to their absence during the May 8, 2023, Consolidated Meeting.
Approved Minutes for the Regular Council Meeting of April 10, 2023, and Consolidated Meeting of May 8, 2023.
4. 3 AWARD AGREEMENT TO THE MANTECA BULLETIN FOR PUBLICATION OF
LEGAL ADVERTISEMENTS
Pulled by Councilmember Torres- O' Callaghan. A question and answer ensued. City Clerk Teresa Vargas provided additional information regarding potential bidders from nearby adjudicated newspapers.
Adopted Resolution 23- 5298 awarding an Agreement to the Manteca Bulletin for publication of legal advertisements for the period of July 1, 2023 through June 30, 2024.
4. 4 AWARD CONSTRUCTION CONTRACT TO D. L. FALK CONSTRUCTION, INC. FOR THE LATHROP POLICE DEPARTMENT PROPERTY AND
EVIDENCE BUILDING ASSOCIATED WITH CIP GG 21- 13 CORPORATION
YARDIMPROVEMENTS
Adopted Resolution 23- 5299 awarding a Construction Contract to D. L.
Falk Construction, Inc. for the Lathrop Police Department Property and Evidence Building, associated with CIP GG 21- 13, Corporation Yard Improvements.
4. 5 AWARD CONSTRUCTION CONTRACT TO STOCKBRIDGE GENERAL CONTRACTING, INC. FOR SHILLING AVENUE BASIN PARK, CIP PK 22- 34 AND APPROVE BUDGET AMENDMENT
Pulled by Councilmember Diallo. A question and answer ensued. City Engineer Brad Taylor provided additional information regarding a design map for the park improvements.
Adopted Resolution 23- 5300 awarding a Construction Contract to Stockbridge General Contracting, Inc. for the Shilling Avenue Basin Park, CIP PK 22- 34, and approving budget amendment.
June 12, 2023 Lathrop City Council Regular Meeting Minutes Page 4 14 4. 6 DECLARE END OF DROUGHT EMERGENCY AND DISCONTINUE LEVEL 2
WATER SHORTAGE RESPONSE ACTIONS OF THE CITY OF LATHROP
WATER SHORTAGE CONTINGENCY PLAN
Pulled by Councilmember Akinjo. A question and answer ensued. City Engineer Brad Taylor provided additional information regarding the end of the drought emergency and reverting to Level 1 response actions.
Adopted Resolution 23- 5301 declaring the end of the Drought Emergency and Discontinuation Level 2 Water Shortage Response Actions of the City of Lathrop Water Shortage Contingency Plan.
4. 7 AUTHORIZE ACCEPTANCE OF CALAPP GRANT FUND AWARD FROM THE
CALIFORNIA ENERGY COMMISSION FOR THE HARDWARE, TRAINING, AND IMPLEMENTATION OF SOLARAPP+
Pulled by Councilmember Akinjo. A question and answer ensued. City Engineer Brad Taylor provided additional information regarding the implementation and selection of the SolarAPP+.
Adopted Resolution 23- 5302 authorizing the acceptance of CaIAPP Grant Fund Award from the California Energy Commission for the hardware, training and implementation of SolarAPP+, for the Building Department.
4. 8 ACCEPT PUBLIC TMPROVEMENTS CONSTRUCTED BY A. TEICHERT & SON, INC., DBA TEICHERT CONSTRUCTION FOR RECYCLED WATER RIVER DISCHARGE, CIP WW 20- 17
Adopted Resolution 23- 5303 accepting public improvements constructed by A. Teichert & Son, Inc., dba Teichert Construction, for Recycled Water River Discharge, CIP WW 20- 17, authorizing the filing of a Notice of Completion, releasing of contract retention, and release of Performance and Payment Bonds.
4. 9 APPROVE OUT OF STATE TRAVEL FOR CITY STAFF TO PARTICIPATE IN THE IAMC FALL FORUM IN SEPTEMBER 2023
Adopted Resolution 23- 5304 authorizing out of state travel for the Economic Development Administrator to attend and represent the City of Lathrop at the Industrial Asset Management Council' s Fall Forum, in Boise, Idaho, from September 7, 2023 through September 12, 2023.
June 12, 2023 Lathrop City Council Regular Meeting Minutes Page 5 15 4. 10 APPROVE FACILITY FEE WAIVER REQUEST FROM UNITED
BACARRENEOS OF AMERICA
Adopted Resolution 23- 5305 approving the Facility Fee Waiver Request from United Bacarreneos of America for a celebration of the Sister City relationship established April 15, 2003, and use of the Scott Brooks Gymnasium on July 22, 2023.
4. 11 APPROV AGREEMENT TO ADOPT ALTERNATIVE METHOD OF MEETING
REQUIREMENTS OF DEVELOPMENT AGREEMENT WITH SOUTH LATHROP
LAND, LLC FOR THE SOUTH LATHROP COMMERCE CENTER
Pulled by Councilmember Akinjo. A question and answer ensued. City Engineer Brad Taylor provided additional information regarding the conditions of the South Lathrop Developer Agreement.
Adopted Resolution 23- 5306 approving an Agreement to adopt alternative method of ineeting requirements of Section 7. 04. 7. 1 of the Development Agreement, with South Lathrop Land, LLC, for the South Lathrop Commerce Center.
4. 12 APPROVE PROGRAM SUPPLEMENT AGREEMENT WITH CALTRANS FOR
FEDERAL FUNDING TOWARD LOUISE AVENUE AND MCKINLEY AVENUE INTERSECTION IMPROVEMENTS, CIP PS 15- 02
Adopted Resolution 23- 5307 approving Program Supplement Agreement with Caltrans for federal funding towards Louise Avenue and McKinley Avenue Intersection Improvements, CIP PS 15- 02, and authorize the City Manager to execute said agreement.
4. 13 APPROVE CONTRACT CHANGE ORDER NO. 1 WITH TIM PAXIN' S PACIFIC EXCAVATION INC. DBA PACIFIC EXCAVATION FOR THE FIBER OPTIC
SPLICING AND TERMINATIONS INTO THE TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23- 01
Adopted Resolution 23- 5308 approving Contract Change Order No. 1 with Tim Paxin' s Pacific Excavation Inc, dba Pacific Excavation, for the fiber optic splicing and terminations into the traffic signal network cabinets, CIP PS 23- 01.
4. 14 APPROVE THE PRELIMINARY ENGINEER' S REPORT AND DECLARING INTENTION TO LEVY ANNUAL ASSESSMENTS FOR FISCAL YEAR 2023- 24 FOR LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 93- 1
WOODFIELD PARK)
June 12, 2023 Lathrop City Council Regular Meeting Minutes Page 6 16 Mayor Dhaliwal abstained from voting on Item 4. 14, due to his residence within the Landscape and Lighting Maintenance District No. 93- 1 ( Woodfield Park Maintenance Zone Area).
Adopted Resolution 23- 5309 approving the Preliminary Engineer' s Report for Landscape and Lighting Maintenance District No. 93- 1 Woodfield Park) and declaring intention to levy annual assessments for Fiscal Year 2023- 24.
RIVER ISLANDS DEVELOPMENT CONSENT ITEM(S)
Councilmember Lazard and Councilmember Diallo recused themselves prior to the vote of Items 4. 15, 4. 16 and 5. 1, due to declared conflict of interested as noted on Item 1. 7.
On a motion by Vice Mayor Akinjo, seconded by Councilmember TorresO' Callaghan, the City Council approved Items 4. 15 and 4. 16, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Torres- O' Callaghan and Dhaliwal
Noes: None
Absent: None
Abstain: Diallo and Lazard
4. 15 APPROVE QUITCLAIM DEED TO TRANSFER OPEN SPACE PARCEL ( APN 210- 590- 04) TO ISLAND RECLAMATION DISTRICT NO. 2062
Adopted Resolution 23- 5310 approving a Quitclaim Deed to transfer an open space ( APN 210- 590- 04) to Island Reclamation District No. 2062.
4. 16 ACCEPT PUBLIC IMPROVEMENTS FROM RIVER ISLANDS DEVELOPMENT, LLC FOR VILLAGE " U", TRACTS 3989 AND 3990
Adopted Resolution 23- 5311 accepting public improvements from River Islands Development, LLC for Village U", Tracts 3989 and 3990.
5. SCHEDULED ITEMS
5. 1 PUBLIC HEARING ( PUBLISHED NOTICE) TO FORM COMMUNITY FACILITIES DISTRICT 2023- 1 ( RIVER ISLANDS PUBLIC SERVICES AND FACILITIES # 2)
Finance Director Cari James provided the presentation. A question and answer period followed. City Attorney Salvador Navarrete provided additional information. Mayor Dhaliwal opened the public hearing. There were no speakers. Mayor Dhaliwal closed the public hearing.
June 12, 2023 Lathrop City Council Regular Meeting Minutes Page 7 17 On a motion by Mayor Dhaliwal, seconded by Councilmember TorresO' Callaghan, the City Council:
1. Held a public hearing; and
2. Adopted Resolution 23- 5312 of formation of the Community Facilities District 2023- 1 ( River Islands Public Services and Facilities # 2).
Ayes: Akinjo, Torres- O' Callaghan, and Dhaliwal
Noes: None
Absent: None
Abstain: Diallo and Lazard
On a motion by Mayor Dhaliwal, seconded by Councilmember TorresO' Callaghan, the City Council:
3. Adopted Resolution 23- 5313 calling Special Election for the Community Facilities District No. 2023- 1 ( River Islands Public Services and Facilities # 2).
Ayes: Akinjo, Torres- O' Callaghan, and Dhaliwal
Noes: None
Absent: None
Abstain: Diallo and Lazard
City Clerk Teresa Vargas opened the ballot and announced the results of the election.
On a motion by Mayor Dhaliwal, seconded by Councilmember TorresO' Callaghan, the City Council:
4. Adopted Resolution 23- 5314 Declaring Results of Special Election and Direct Recording of Notice of Special Tax Lien for the Community Facilities District No. 2023- 1 ( River Islands Public Services and Facilities # 2).
Ayes: Akinjo, Torres- O' Callaghan, and Dhaliwal
Noes: None
Absent: None
Abstain: Diallo and Lazard
On a motion by Mayor Dhaliwal, seconded by Councilmember TorresO' Callaghan, the City Council:
5. Introduced an ordinance levying special taxes within Community Facilities District No. - 3-- 2023- 1 ( River Islands Public Services and Facilities # 2).
June 12, 2023 Lathrop City Council Regular Meeting Minutes Page 8 18 Ayes: Akinjo, Torres- O' Callaghan, and Dhaliwal
Noes: None
Absent: None
Abstain: Diallo and Lazard
Councilmember Lazard and Councilmember Diallo returned to the dais following the vote on Item 5. 1.
5. 2 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER FISCAL YEAR 2023- 24 ASSESSMENTS FOR LATHROP INDUSTRIAL LIGHTING
MAINTENANCE DISTRICT; RESIDENTIAL LIGHTING MAINTENANCE
DISTRICT; MOSSDALE LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT; STORM DRAIN ZONE 1 AND 1A
Deputy Finance Director Thomas Hedegard provided the presentation.
A question and answer period followed. Finance Director Cari James provided additional information. Mayor Dhaliwal opened the public hearing. There were no speakers. Mayor Dhaliwal closed the public hearing.
On a motion by Councilmember Lazard, seconded by Mayor Dhaliwal, the City Council considered the following:
1. Held a public hearing; and
2. Adopted Resolution 23- 5315 amending and/ or approving the Final Engineer' s Report, and ordering the levy and collection of assessments for the City of Lathrop Industrial Lighting Maintenance District for FY 2023- 24; maximum
assessment for Fiscal Year 2023- 24 not to exceed Zone A
8. 59; Zone B $ 43. 79; Zone C $ 8. 59; and proposed annual assessment for Fiscal Year 2023- 24 Zone A $ 8. 59; Zone B
43. 79; Zone C $ 8. 59; and
3. Adopted Resolution 23- 5316 amending and/ or approving the Final Engineer' s Report, and ordering the levy and collection of assessments for the City of Lathrop Residential Lighting Maintenance District for FY 2023- 24; maximum
assessment for Fiscal Year 2023- 24 not to exceed Zone A
49. 89; Zone B $ 53. 46; Zone C $ 35. 15; Zone D $ 65. 39; Zone E $ 68. 74; Zone F $ 39. 54; Zone G $ 9. 04, and proposed annual assessment for Fiscal Year 2023- 24 Zone A $ 49. 89; Zone B
53. 46; Zone C $ 35. 15; Zone D $ 65. 39; Zone E $ 68. 74; Zone F $ 39. 54; Zone G $ 9. 04; and
June 12, 2023 Lathrop City Council Regular Meeting Minutes Page 9 19 4. Adopted Resolution 23- 5317 amending and/ or approving the Final Engineer' s Report, and ordering the levy and collection of assessments for the Mossdale Landscape and Lighting Maintenance District for FY 2023- 24; maximum
assessment for Fiscal Year 2023- 24 not to exceed $ 310. 75 and proposed annual assessment for Fiscal Year 2023- 24 310. 75; and
5. Adopted Resolution 23- 5318 amending and/ or approving the Final Engineer' s Report and ordering the levy and
collection of assessments for the Storm Drain Zone 1 and Zone 1A for Fiscal Year 2023- 24; proposed annual assessment for Fiscal Year 2023- 24 for Storm Drain Zone 1 not to exceed 112. 52; and proposed annual assessment for Fiscal Year 2023- 24 for Storm Drain Zone 1A not to exceed $ 199. 92.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
Vice Mayor Akinjo abstained from voting on Item 5.3, due to his residence within the Stonebridge Landscaping, Drainage, and Lighting Maintenance Districts.
5. 3 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER FISCAL YEAR 2023- 24 ASSESSMENTS FOR THE STONEBRIDGE LANDSCAPING
DISTRICT; AND THE STONEBRIDGE DRAINAGE & LIGHTING
MAINTENANCE DISTRICT
Deputy Finance Director Thomas Hedegard provided the presentation.
A question and answer period followed. Mayor Dhaliwal opened the public hearing. There were no speakers. Mayor Dhaliwal closed the public hearing.
On a motion by Councilmember Lazard, seconded by Councilmember Diallo, the City Council considered the following:
1. Held a Public Hearing; and
2. Adopted Resolution 23- 5319 amending and/ or approving the Final Engineer' s Report and ordering the levy and
collection of assessments for the Stonebridge Landscaping District for FY 2023- 24; maximum assessment for Fiscal Year 2023- 24 not to exceed $ 507. 95, and proposed annual
assessment for Fiscal Year 2023- 24 is $ 426. 05; and
June 12, 2023 Lathrop City Council Regular Meeting Minutes Page 10 20 3. Adopted Resolution 23- 5320 amending and/ or approving the Final Engineer' s Report and ordering the levy and
collection of assessments for the Stonebridge Drainage & Lighting District for FY 2023- 24; maximum assessment for Fiscal Year 2023- 24 not to exceed $ 507. 95, and proposed annual assessment for Fiscal Year 2023- 24 is $ 315. 25.
Ayes: Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: Akinjo ( due to his residence within the Stonebridge Landscaping, Drainage, and Lighting Maintenance
Districts)
Vice Mayor Akinjo returned to the dais following the vote of Item 5.3.
5. 4 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER A RESOLUTION
TO ADOPT THE CITY OF LATHROP BIENNIAL CAPITAL IMPROVEMENT PLAN BUDGET FOR FISCAL YEARS 2023- 2024 and 2024- 2025
Assistant City Manager Michael King provided the presentation. A question and answer period ensued throughout the presentation. Parks, Recreation, and Maintenance Services Director Todd Sebastian provided additional information regarding park designs. Mayor Dhaliwal opened the public hearing. There were no speakers. Mayor Dhaliwal closed the public hearing.
On a motion by Councilmember Lazard, seconded by Vice Mayor Akinjo, the City Council considered the following:
1. Held a Public Hearing; and
2. Adopted Resolution 23- 5321 City of Lathrop Biennial Capital Improvement Plan Budget for Fiscal Years 2023- 2024 and 2024- 2025.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
6. COUNCIL COMMUNICATIONS
6. 1 MAYOR DHALIWAL REFERRAL - Appointment of Two ( 2) of Members to the Planning Commission, with Term Ending June 30, 2027 Four ( 4) Applications Received / Two ( 2) Vacancies Available June 12, 2023 Lathrop City Council Regular Meeting Minutes Page 11 21 Mayor Dhaliwal made the following appointments:
Planning Commission Term Exuires
Ash Ralmilay June 30, 2027
Paul Camarena June 30, 2027
On a motion by Councilmember Diallo, seconded by Councilmember Lazard, the City Council approved the appointment made by Mayor Dhaliwal as noted above.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: None
6. 2 MAYOR DHALIWAL REFERRAL - Appointment of One ( 1) Member to the Parks and Recreation Commission, with Term Ending June 30, 2026 One ( 1) Application Received / One ( 1) Vacancy Available Mayor Dhaliwal made the following appointment:
Parks & Rec Commission Term Expires
Marianne Hope Datoc June 30, 2026
On a motion by Councilmember Lazard, seconded by Councilmember Diallo, the City Council approved the appointment made by Mayor Dhaliwal as noted above.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: None
6. 3 MAYOR DHALIWAL REFERRAL - Appointment of Three ( 3) Members to the Youth Advisory Commission, with Term Ending May 31, 2024 Five ( 5) Applications Received / Three ( 3) Vacancies Available Mayor Dhaliwal made the following appointments:
Youth Advisory Commission Term Expires
Kirat Sidhu ( appointed as voting member) May 31, 2024
Nishitha Kadiyala ( appointed as voting member) May 31, 2024 Erin Joy Payopay ( appointed as voting member) May 31, 2024 Faren Ahmadi ( appointed as non- voting member) May 31, 2024 Shreya Nand ( appointed as non- voting member) May 31, 2024 June 12, 2023 Lathrop City Council Regular Meeting Minutes Page 12 22 On a motion by Vice Mayor Akinjo, seconded by Councilmember TorresO' Callaghan, the City Council approved the appointment made by Mayor Dhaliwal as noted above.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: None
6. 4 MAYOR DHALIWAL REFERRAL - Appointment of One ( 1) Representative to the San Joaquin County Commission on Aging with Term Ending June 30, 2026
One ( 1) Application Received / One ( 1) Vacancy Available Mayor Dhaliwal made the following appointment:
Commission on Aging Term Expires
Evonne Ince June 30, 2026
On a motion by Councilmember Torres- O' Callaghan, seconded by Mayor Dhaliwal, the City Council approved the appointment made by Mayor Dhaliwal as noted above.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: None
6. 5 MAYOR DHALIWAL REFERRAL - Discussion on Historic Lathrop Beautification Options
Mayor Dhaliwal provided an overview. A question and answer period ensued. City Council consensus directed staff to agendize the matter to a future meeting.
6. 6 COUNCILMEMBER DIALLO REFERRAL: Discussion Regarding Artist No Longer Have To Pay $ 35 Fee For Business License As They Don' t Sell Anything
Councilmember Diallo provided an overview. A question and answer period ensued. Finance Director Cari James and City Attorney Salvador Navarrete provided additional information regarding business license requirements. City Council consensus directed stafF to waive the $ 35 license fee requirement for entertainment groups and bands at City events, and bring back an ordinance amendment at a future meeting to codify the changes.
une 12, 2023 Lathrop City Council Regular Meeting Minutes Page 13 23 6. 7 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S)
Councilmember Diallo announced her appointment as a voting member of LAFCo. Vice Mayor Akinjo reported his attendance to a recent Central Valley Executive Committee; and urged the importance of attending and participation in local division events.
6. 8 MAYOR & COUNCILMEMBER COMMENT( S)
Councilmembers thanked those in attendance. Councilmember Diallo expressed appreciation to Congress Member Duarte for hosting local constituent meeting; expressed appreciation for recent grant awards.
Councilmember Torres- O' Callaghan expressed concern with late- night door- to- door sales and illegal fireworks; and requested a response time update for police emergency calls and update on the safety drill training for Council, Commission and staff. Councilmembers congratulated the newly appointed Commissioners.
7. AD70URNMENT - There being no further business, Mayor Dhaliwal adjourned the meeting at 10: 27 p. m.
C
Teresa Vargas, MMC
Government Services Director
City Clerk
June 12, 2023 Lathrop City Council Regular Meeting Minutes Page 14 24 ITEM 4. 3
CITY MANAGER' S REPORT
7ULY 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
23- 446 OF THE CITY COUNCIL OF THE CITY OF
LATHROP LEVYING SPECIAL TAXES WITHIN CITY OF
LATHROP COMMUNITY FACILITIES DISTRICT NO.
2023- 1 ( RIVER ISLANDS PUBLIC SERVICES AND
FACILITIES # 2)
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 23- 446 Levying Special Taxes within City Of Lathrop
Community Facilities District No. 2023- 1 ( River
Islands Public Services and Facilities # 2)
RECOMMENDED ACTION:
The City Council to conduct second reading and adopt Ordinance 23- 446 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP LEVYING SPECIAL TAXES WITHIN CITY OF LATHROP COMMUNITY FACILITIES DISTRICT NO. 2023- 1 RIVER ISLANDS PUBLIC SERVICES AND FACILITIES # 2)
SUMMARY:
On June 12, 2023, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Lazard, Torres- O' Callaghan, and Dhaliwal NOES: Diallo
ABSTAIN: None
ABSENT: None
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
7 j
T resa Vargas, City I rk Date
25 ORDINANCE NO. 23- 446
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP LEVYING
SPECIAL TAXES WITHIN CITY OF LATHROP COMMUNITY FACILITIES DISTRICT NO. 2023- 1 ( RIVER ISLANDS PUBLIC SERVICES AND FACILITIES 2)
WHEREAS, on April 10, 2023 this City Council ( the City Council") of the City of Lathrop (the City"), adopted a Resolution entitled Resolution of Intention to Establish Community Facilities District " stating its intention to establish City of Lathrop Community Facilities District No. 2023- 1 ( River Islands Public Services and Facilities # 2)" ( the " CFD"), including a City of Lathrop Community Facilities District No. 2023- 1 ( River Islands Public Services and Facilities # 2) ( Future Annexation Area), pursuant to the Mello- Roos Community Facilities Act of 1982, as amended, sections 53311, et. seq., of the California Government Code ( the ` Act"), to finance certain services and the acquisition and construction of certain facilities; WHEREAS, notice was published as required by the Act relative to the intention of this City Council to form the CFD and to provide for certain Services and Facilities # 2;
WHEREAS, this City Council has held noticed public hearings as required by the Act relative to ( i) the determination to proceed with the formation of the CFD and the rate and method of apportionment of the special tax to be levied within the CFD to finance the authorized Services and Facilities # 2 for the CFD; WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the levy of said special taxes were heard, substantial evidence was presented and considered by this City Council and a full and fair hearing was held;
WHEREAS, subsequent to the hearing, this City Council adopted Resolutions entitled Resolution of Formation of Community Facilities District" ( the " Resolution of Formation") and " Resolution Calling Special Election", which Resolutions defined the Public Services and Facilities # 2 to be financed by the CFD ( the " Services and Facilities # 2"), established the CFD, authorized the levy of a special tax with the CFD and called an election within the CFD on the propositions of levying a special tax, and establishing an appropriations limit within the CFD, respectively; and WHEREAS, on June 12, 2023 a special election was held within the CFD at which the eligible landowner-electors approved such propositions by the two-thirds vote required by the Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LATHROP, as follows:
Ordinance No. 23- 446
26 Section 1. By the passage of this Ordinance this City Council hereby authorizes and levies special taxes within the CFD pursuant to the Act, at the rate and in accordance with the formula ( the " Rate and Method") set forth in the Resolution of Formation, which Resolution of Formation is by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year 2023- 24 and in each fiscal year for the period provided in the Rate and Method, as contemplated by the Resolution of Formation, and all costs of administering the CFD.
Section 2. The Finance Director of the City is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, in the manner and as provided in the Resolution of Formation.
Section 3. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes. In no event shall the special taxes be levied on any parcel within the CFD in excess of the maximum tax specified in the Resolution of Formation.
Section 4. All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation including, but not limited to, the payment of the costs of the Services and Facilities # 2, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the special tax.
Section 5. The special taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that this City Council may provide for other appropriate methods of collection by resolutions of this City Council. In addition, the provisions of Section 53356. 1 of the Act shall apply to delinquent special tax payments. The Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/ tax collector of the County of San Joaquin in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of Solano for fiscal year 2023- 14 and for each fiscal year thereafter for the period of time provided in the Rate and Method.
Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the CFD shall not be affected.
Section 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen ( 15) days after its passage at least once in a newspaper of general circulation published and circulated in the City.
Ordinance No. 23- 446
27 Section 8. This Ordinance shall take effect 30 days from the date of final passage.
THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 12th day of June 2023, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 23- 446
28 CITY MANAGER' S REPORT I' EM 4.4
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE UPDATES TO THE PERSONNEL RULES AND
REGULATIONS
RECOMMENDATION: Adopt a Resolution to Approve Updates to the Personnel Rules and Regulations
SUMMARY:
The City' s Personnel Rules and Regulations have been established to outline personnel related matters such as rules for calling in sick, bereavement leave, requesting and accruing vacation/ sick leave, recruitments and discipline.
Occasionally, it becomes necessary to update these rules and regulations due to a change in procedures, legal compliance or to reflect the language in an approved Memorandums of Understanding ( MOU). The last update to the Personnel Rules and Regulations was adopted by the City Council in November 2017 by Resolution 17- 4312.
Significant changes to the updated version of the Personnel Rules and Regulations being presented to Council tonight includes the following:
EEOC Policy Statement ( Legal Compliance)
Application Form ( Procedural Change)
Probation Period ( establishing probation period for unrepresented, sworn staff) Training and Education ( MOU)
Bereavement Leave ( Legal Compliance)
Management Leave ( MOU)
BACKGROUND
The information included in the updates are the result of a change procedural processes, legal compliance or to match language included in the MOUs.
The significant changes incorporated into the document presented for approval by the City Council include:
2. 1 EEOC Policy Statement:
The City belongs to an Employment Relations Consortium offered by Liebert Cassidy Whitmore ( LCW). LCW provides legal counsel to the City with regards to employment related matters, as needed. Through this membership, the City subscribes to a library of policies prepared by LCW. The update to the EEOC policy reflects a change by incorporating the LCW policy language.
3. 4 Selection of Employees:
A. Application Form - The updated language reflects a change in our internal process to accept employment applications electronically. Paper applications are still available upon request.
29 CITY MANAGER' S REPORT PAGE 2
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
ADOPT A RESOLUTION APPROVING AN UPDATE TO THE PERSONNEL RULES
AND REGULATIONS
3. 6 Probationary Period:
A. All New Employees and B. Promoted Employees - The updated language establishes a probationary period for unrepresented, sworn staff. The probation period recommended is 15 months of probation for a new hire and 12 months for a promotional appointment. This recommended probation period is the same time period established by the LPOA MOU for sworn positions.
5. 1 Training and Education:
This section is being updated to reflect the benefit provided in the MOU' s for LMCEA, SEIU and LPOA. The adopted language in the MOU' s provide for an increased benefit amount and recognizes that higher education and certificate programs qualify for a reimbursement request under the guidelines outlined.
The approved use was expanded to include technical or correspondence schools that may not issue a grade, but rather issue a certificate of completion. The maximum benefit amount allowed increased from $ 1, 100 to $ 3, 000 per year.
8. 7 Bereavement Leave: Effective ] anuary 1, 2023, AB 1949 requires employers to provide five ( 5) day of bereavement leave to all regular full- time employees.
The leave should be taken within three ( 3) months of the date of death of the family member. AB 1949 allows bereavement leave to be taken pursuant to any existing bereavement leave policy of the employer. The City' s current policy provides a regular full- time employee three ( 3) days of paid bereavement leave and five ( 5) days of paid bereavement leave if out- of- state travel is required.
Two additional days of accrued leave may also be used. In order to fully comply with AB 1949, the Personnel Rules are being updated to allow the leave to be used within three months of the death of a family member and removes the requirement that the leave must be taken within a seven ( 7) consecutive day period.
8. 12 Management Leave:
This language is being updated to reflect changes in the LMCEA MOU which were effective July 1, 2022. The update provides for leave to be accrued on a quarterly basis rather than annually on January lst
Other Changes:
The other updates include formatting, minor edits, updating the Director of Human Resources title and a change to the operating hours of City facilities. 30 CITY MANAGER' S REPORT PAGE 3
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
ADOPT A RESOLUTION APPROVING AN UPDATE TO THE PERSONNEL RULES
AND REGULATIONS
REASON FOR RECOMMENDATION:
The updates to the Personnel Rules and Regulations are being recommended to reflect legal updates, procedural updates or to maintain consistency with the applicable MOU' s.
FISCAL IMPACT:
The increased benefit for the training and education reimbursements and bereavement leave is already included in the approved FY 23/ 24 and 24/ 25 budgets.
ATTACH M E NTS:
A. Adopt a Resolution to Approve an Update to the Personnel Rules and Regulations
B. Personnel Rules and Regulations Update
31 CITY MANAGER' S REPORT PAGE 4
7ULY 10, 2023 CITY COUNCIL REGULAR MEETING
ADOPT A RESOLUTION APPROVING AN UPDATE TO THE PERSONNEL RULES
AND REGULATIONS
APPROVALS:
a, ' 7/ lz
Ju ' a a Burns Date
Director of Human Resources
Cari Jame Date
Director o inance
7` 3 ' z z3
Salvador Navarrete Date
City Attorney
23 ephen J. Salvatore Date
City Manager
32 RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE UPDATES TO THE PERSONNEL RULES AND REGULATIONS
WHEREAS, in November 2017, the City Council adopted Resolution 17- 4312 which approved the current version of the Personnel Rules and Regulations; and WHEREAS, procedural changes, legal compliance or an update to one or more of the Memorandums of Understandings ( MOU) may necessitate an update to the Personnel Rules and Regulations; and
WHEREAS, the EEOC Policy Statement is being updated to reflect recommended language obtained from the Liebert Cassidy Whitmore Library; and WHEREAS, the language for the Application Form is being updated to reflect the fact that the City uses an electronic application system; and WHEREAS, a new hire probation period of fifteen ( 15) months and a promotional probation period of twelve ( 12) months is being established for unrepresented, sworn positions; and
WHEREAS, the Training and Education section is being updated to reflect the language approved in the LMCEA, SEIU and LPOA MOU' s which expands the allowed use of the benefit to be requested for technical or correspondence schools that may not issue a grade, but rather issue a certificate of completion; and WHEREAS, the Training and Education benefit in the LMCEA, SEIU and LPOA MOU' s was approved for up to $ 3, 000 per calendar year; and WHEREAS, AB 1949 requires employers to provide five days of bereavement leave to all regular full-time employees pursuant to any existing policy; and WHEREAS, bereavement leave shall be used within three months of the death of a family member and removes the requirement that leave must be taken within a consecutive time period; and
WHEREAS, for non- contract employees, Management leave will be accrued on a quarterly basis rather than annual basis as reflected in the LMCEA MOU which was effective July 1, 2022; and
WHEREAS, other changes in the Personnel Rules and Regulations update include formatting, updating the Director of Human Resources title and a change to the operating hours referenced for City facilities;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the proposed update to the Personnel Rules and Regulations
Resolution 23-
33 The foregoing resolution was passed and adopted this 10th day of July 2023, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution 23-
34 City of lathrop w
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PERSONNEL RULES AND REGULATIONS
J u ly 10, 2023
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35 Table of Contents
RULE 1: GENERAL PROVISIONS............................................................................................................. 14
1. 1 Intent........................................................................................................................................... 14
1. 2 Adoption...................................................................................................................................... 14
1. 3 Priority of Collective Bargaining Agreements ( MOUs)................................................................ 14
1. 4 Administration............................................................................................................................. 14
1. 5 Non- Contract............................................................................................................................... 14
1. 6 Coverage of Rules and Regulations............................................................................................. 14
1. 7 Definitions and Interpretation.................................................................................................... 2
1. 8 Personnel Records....................................................................................................................... 2
1. 9 Violation of Rules........................................................................................................................ 4
1. 10 Employment Constitutes Acceptance of Rules........................................................................... 4
1. 11 Supplemental Provisions in Administrative Manual................................................................... 4
1. 12 Amendment and Revision of Rules............................................................................................. 4 RULE 2: EQUAL EMPLOYMENT POLICY AND PRACTICES...................................................................... 4
2. 1 EEO Policy Statement.................................................................................................................. 5
2. 2 Unlawful Harassment Prohibited................................................................................................ 5
2. 3 Unlawful Harassment Defined.................................................................................................... 6
2. 4 Sexual Harassment Defined........................................................................................................ 6
2. 5 Anti- Bullying Policy.................................................................................................................... 7 8
2. 6 Obligations of Supervisors/ Managers....................................................................................... 8 9
2. 7 Complaint Procedure ................................................................................................................ 8
2. 8 Complaint Procedure for Discriminatory Harassment, Bullying Behavior................................ 8
2. 9 Policy Against Retaliation:......................................................................................................... 93 RULE3: EMPLOYMENT....................................................................................................................... 9-
3. 1 Position Request ....................................................................................................................... 9
3. 2 Recruitment ............................................................................................................................ 10
3. 3 Employment of Relatives: No Nepotism Policy...................................................................... 12 4
3. 4 Selection of Employees........................................................................................................... 12 4
3. 5 Rehire of Employees ............................................................................................................... 15
3. 6 Probationary Period................................................................................................................ 15
3. 7 Regular Employee Status ........................................................................................................ 16 36 3. 8 Lay Off Procedures and Bumping Rights................................................................................. 16 RULE 4: WORKING CONDITIONS AND WORK RULES........................................................................ 18 9
4. 1 Working Hours and Breaks...................................................................................................... 18- 9
4. 2 Overtime and Compensatory Time......................................................................................... 19
4. 3 Light Duty Assignment ( Workers Compensation)................................................................... 21
4. 4 Use of Personal Equipment..................................................................................................... 22 4
4. 5 Use of City Facilities, Funds, Property, Vehicles, Equipment, and Supplies ........................... 22 4
4. 6 Policy Regarding Cell Phones and Text Messaging................................................................. 23- 5 RULE S: TRAINING, EDUCATION AND PERFORMANCE EVALUATIONS............................................. 24 6
5. 1 Training and Education ........................................................................................................... 24 6
5. 2 Performance Evaluations........................................................................................................ 25 RULE 6: COMPENSATION.................................................................................................................. 26
6. 1 Time Records and Pay Periods................................................................................................ 26
6. 2 Salary Plan............................................................................................................................... 27
6. 3 Uniforms.................................................................................................................................. 28 8
6. 4 Court Appearance Pay............................................................................................................. 28 9
6. 5 Call- Back Pay........................................................................................................................... 29 8
6. 6 Severance Procedures............................................................................................................. 29 8 RULE 7: EMPLOYEE BENEFITS........................................................................................................... 30
7.1 Paid Holidays........................................................................................................................... 30
7.2 Vacation Time.......................................................................................................................... 3233 RULE8: EMPLOYEE LEAVE................................................................................................................ 34 5
8. 1 Authorized Absence................................................................................................................ 34 5
8. 2 Sick Leave................................................................................................................................ 34- 5
8. 3 Family and Medical Leave Under Federal and State Law ( FMLA and CFRA)........................... 38 4
8. 4 Pregnancy Disability Leave and the FMLA/ CFRA Entitlement................................................ 444b
8. 5 Leave to Visit Child' s School or Day Care Facility.................................................................... 454
8. 6 Military Leave.......................................................................................................................... 464
8. 7 Funeral Leave/ Bereavement Leave......................................................................................... 464-
8.8 Jury Duty.................................................................................................................................. 464
8. 9 Leave for Crime Victims .......................................................................................................... 474-
8. 10 Administrative Leave............................................................................................................... 484
8. 11 Leave Without Pay.................................................................................................................. 4849 I
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37 8. 12 Management Leave................................................................................................................. 48 8 RULE 9: RULES OF CONDUCT; DISCIPLINE........................................................................................ 49 8
9. 1 Employee Conduct Guidelines................................................................................................ 49 9
9. 2 Employee Discipline................................................................................................................ 51
9. 3 Grievance Procedures............................................................................................................. 54- 5
9. 4 Drug and Alcohol Use.............................................................................................................. 55
9. 5 Drug/ Alcohol 5creening.......................................................................................................... 58 3
9. 6 Acceptance of Gifts, Entertainment and Services................................................................... 60§ I
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38 i
RULE 1: GENERAL PROVISIONS
1. 1 I ntent
The Personnel System of the City of Lathrop has been established under Lathrop Municipal Code Chapter 2. 40. These Personnel Rules and Regulations are intended to govern the Personnel System.
1. 2 Adoption
These Personnel Rules and Regulations ( hereafter" Rules and Regulations") have I
been adopted by City Council Resolution No. i- 23-
The Rules and Regulations supersede any and all Personnel Rules and Regulations previously adopted. Additional rules and regulations regarding personnel may be issued from time to time as approved by City Council or City Manager authority.
1. 3 Priority of Collective Bargaining Agreements ( MOUs) If a provision of these Rules and Regulations conflicts with a provision of an applicable collective bargaining agreement ( referred to as " MOU") entered into by the City and a recognized employee organization ( Union), the provision in the MOU shall prevail with respect to employees in the Union. However, if the provision in the Personnel Rules was adopted subsequent to the MOU pursuant to a meet and confer process consistent with the provisions of the MOU, the Personnel Rule will then control.
1. 4 Administration
The City Manager shall administer these Rules and Regulations.
Department Heads shall administer these Rules and Regulations within their department. Department Heads may establish department rules and regulations to ensure efficient operation of their departments. Department rules and regulations shall not be in conflict with these Rules and Regulations.
1. 5 Non- Contract
These Rules and Regulations do not create a contract of employment, express or implied or any rights contractual in nature.
1. 6 Coverage of Rules and Regulations
In general, these Rules and Regulations shall apply to all employees of the City except the following and except where the rules specifically provide otherwise, or as required by law.
A. All Council— appointed City officers except as may be provided in their contract.
B. Personnel engaged under contract to provide expert, professional, technical or any other services.
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C. Volunteers, including but not limited to, personnel such as"^ I v,+ oor f rof7nh+orc reserve officers or volunteers, and volunteers who may be eligible for workers compensation benefits.
D. Emergency personnel hired to meet immediate requirements of an emergency condition such as an extraordinary fire, flood, or earthquake or a declared state of emergency which threatens life or property.
The employees or positions in the foregoing list hold their positions at the will of the City Council or City Manager and, unless otherwise required by law or as specified in these rules, are not obligated by or entitled to benefits under these Rules and Regulations. However, this list is not inclusive of all at-will employees such as Assistants to the City Manager, Department Heads, other at- will management employees, and temporary and seasonal employees. For this reason, some rules will specifically provide they are not applicable to at-will employees to exclude any additional at- will employees not listed above. Also, as discussed above, some rules will specify that they apply to all employees to include all employees at the City.
1. 7 Definitions and Interpretation
A. Interpretation
All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and interpreted according to such peculiar and appropriate meaning.
B. Definitions
Where appropriate, specific definitions are utilized in these Rules and Regulations and shall prevail. Such definition shall be applicable throughout these Rules and Regulations unless otherwise stated.
C. Officials and Designees
Whenever a duty, responsibility, or authority is vested in a particular position, the duty, responsibility or authority shall also be vested in that person' s designee. There is no need to state " or designee" in a provision.
1. 8 Personnel Records
A. Establishment and Maintenance of Personnel Files
1. An official personnel file for each City employee shall be maintained by and shall be under the control of the Director of Human Resources, or designee.
2. A personnel file shall contain only material that is necessary and relevant to the City' s administration of its Personnel System.
3. Department Heads may establish working files for individual employees.
However, the establishment of such files must comply with the security and access provisions contained within the policy. Those files are not I 2
40 considered to be the official personnel files of the City and disclosure of contents can only be made to the employee, the direct supervisory chain of command, the City Manager and the City Attorney.
4. Upon termination, the employee' s personnel records that are maintained by the City shall be retained as required by law.
5. A separate confidential file containing medical information shall be established and maintained consistent with the Americans with Disabilities Act ( 42 U. S. C. section 12112( d)( 3)( b)) and the California Confidentiality of Medical Information Act. ( California Civil Code sections 56 et seq.)
6. Payroll n, " o^ of;+ records shall be maintained by the Finance Department and benefit records shall be maintained by the Human Resources Department.. Access to this information shall be limited to the City Manager a- authorized staff, the named employee, the Department Head and other individuals on a " need to know" basis as approved by the City Manager.
B. Access to Personnel Information
1 . If a request for information about employees is received by City, the request is to be forwarded to the Human Resources Department. The City will release information required to be released by the California Public Records Act.
2. Reference checks and requests for information concerning current or former employees must be referred to the Director of Human Resources, or designee. The City will release such information only if the employee has signed an Authorization for Release of Employment Information. Absent a signed release, the only information to be released shall be the position held, dates of employment, and salary.
3. Employees may inspect their own files at reasonable times and intervals.
Employees desiring to inspect their files should contact the Director of Human Resources, or designee. Employees may not remove any documents, or add to or delete documents from their personnel files, except when following an agreed upon process for submitting written comments concerning any document in the personnel file. They may ask that the Director of Human Resources, or designee, make copies of documents or add a document to the file.
4. Documents not available for inspection include:
a. Records relating to the investigation of a possible criminal offense b. Letters of reference
c. Ratings, reports, or records that were:
i. Obtained prior to the employee' s employment
ii. Prepared by identifiable examination committee members I 3
41 iii. Obtained in connection with a promotional examination d. Employees subject to the Public Safety Officers Procedural Bill of Rights e. Employees of agencies subject to the Information Practices Act C. Changes Regarding Employee Information
It is important that the City have accurate personal information regarding employees. Each employee must promptly notify the Human Resources Department and Department Head regarding changes in personal information such as mailing address, telephone number, emergency contact information, and number of dependents.
1. 9 Violation of Rules
Violation of any of the provisions of these Rules and Regulations by any person employed in the municipal service may be subject to disciplinary action as set forth in Rule 9.
1. 10 Employment Constitutes Acceptance of Rules
In accepting employment with the City, each employee agrees to be governed by and to comply with these Rules and Regulations, administrative rules and procedures established by the City Manager pursuant thereto, and rules, regulations, and directives of the department in which he or she is employed.
1. 11 Supplemental Provisions in Administrative Manual
Under Chapter 2. 40, of the Lathrop Municipal Code, the City Manager is authorized to administer the Personnel System. Pursuant to that authority the City Manager has issued and will continue to issue personnel- related administrative policies as set forth in the City of Lathrop Administrative Policies Manual. Employees are expected to become familiar with personnel- related provisions in the administrative manual.
i.12 Amendment and Revision of Rules
Proposed amendments or revisions to these Rules and Regulations shall be considered and adopted by the City Council by Resolution in accordance with Section 2. 40. 030 of the Lathrop Municipal Code. A City Council adopted resolution or ordinance relating to any subject matter under these Rules and Regulations shall be deemed to supersede said subject matter unless otherwise provided in the resolution or ordinance.
RULE 2: EQUAL EMPLOYMENT POLICY AND PRACTICES
Notwithstanding any language in these Personnel Rules and Regulations, this Rule 2 shall be applicable to all employees.
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2. 1 EEO Policy Statement
The City affords equal employment opportunit for all qualified emplovees and applicants to all terms of emploVment with the City, including, but not limited to, compensation, hiring, traininq, promotion, transfer, discipline and termination.
The City prohibits discrimination against employees and applicants for employment on the basis of the emplovee or applicant' s race, religious creed, color, national oriqin, ancestry, phvsical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identitv, gender expression, aqe ( 40 and over), sexual orientation, or military and veteran status or any other basis protected by law.
Any employee, volunteer, or applicant who believes they have experienced any form of employment discrimination or abusive conduct are encouraqed to report the conduct immediately by using the complaint procedures provided in these Poli_c_ies or by contactinq the Equal Employment Opportunity Commission EEOC"), or the Civil Riqhts Department (" CRD" T" r;+„ ,„o nn rJic nrimin o or l c o+a nr Innol I ini
e
e e f f
f f e
c rmo nrJ nnnrli+ir nc nf omnln imon4
A. Reasonable Accommodation Policy
The City will comply with applicable laws ensuring equal employment opportunities to qualified individuals with disabilities and medical conditions.
The City will make reasonable accommodations for the known physical or mental disability or medical condition of an otherwise qualified individual who is an applicant or an employee unless undue hardship would result. Any such applicant or employee who requires an accommodation in order to perform the essential functions of the job should contact the Director of n, r; Y
Human Resources, or designee, to request an accommodation.
2.2 Unlawful Harassment Prohibited
The City prohibits harassment because of sex (which includes sexual harassment, gender harassment, and harassment due to pregnancy, childbirth, or related medical condition) and harassment because of race, color, national origin, ancestry, sex ( including gender identity), religion, creed, physical or mental disability, medical condition, marital status ( including registered domestic partner I
5 43
status), sexual orientation, age, or any other basis protected by federal, state or local law including harassment of employees, independent contractors, and business representatives. All such harassment is unlawful and will not be tolerated. The City is committed to taking all reasonable steps to prevent harassment from occurring. Any employee, including a supervisor or manager, who engages in unlawful harassment will be subject to discipline, up to and including termination.
2.3 Unlawful Harassment Defined
Unlawful harassment includes conduct that is:
A. Unwelcome;
B. Related to a protected category identified in the paragraph above; C. Offensive to the recipient and to a reasonable person; and/ or D. Severe or pervasive so that the conduct unreasonably interferes with an employee' s work performance or creates an intimidating, hostile or offensive work environment.
If the conduct is related to a protected category, then the following may constitute unlawful harassment: jokes, graffiti, comments, stories, photographs, gestures, email, written materials, threats of job detriment, or actual changes to an employee' s compensation, workload or assignments. Harassment may be in the form of verbal conduct such as vulgar remarks, ethnic jokes, and threats of physical harm.
Harassment may be in the form of physical conduct such as inappropriate touching, blocking of movement, vulgar gestures, hitting, shoving, or other physically threatening conduct such as invading an individual' s personal space.
2.4 Sexual Harassment Defined
Sexual harassment is defined as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:
A. Submission to such conduct is made a term or condition of employment; or B. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
C. Such conduct has the purpose or effect of unreasonably interfering with an employee' s work performance or creating an intimidating, hostile or offensive work environment.
Sexual harassment also may be defined as unwanted sexual advances or visual, verbal or physical conduct of a sexual nature. The following are some examples of forms of offensive behavior under this definition:
1. Unwanted sexual advances.
2. Offering employment benefits in exchange for sexual favors.
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3. Making or threatening reprisals after a negative response to sexual advances.
4. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, or posters.
5. Verbal conduct: making or using derogatory comments, epithets, slurs, sexually explicit jokes, comments about an employee' s body or dress.
6. Verbal sexual advances or propositions.
7. Verbal abuse of a sexual nature, graphic verbal commentary about an individual' s body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
8. Physical conduct including touching, assaulting, impeding or blocking movement.
9. Retaliation for having reported or threatened to report harassment.
It is unlawful for males to sexually harass females or other males, and for females to sexually harass males or other females. Sexual harassment on the job is unlawful whether it involves coworker harassment, harassment by or of a supervisor or manager, harassment by or of independent contractors of City, harassment by or of elected officials, or harassment by or of persons doing business with or for the City.
2.5 Anti- Bullying Policy
In addition to prohibiting all forms of discrimination and harassment identified above, the City of Lathrop also prohibits any form of " intimidation or bullying" in the workplace or elsewhere, such as at offsite events.
Policy Coverage: Every employee and other individuals, such as temporary agency workers, consultants, independent contractors and visitors, have the right to be treated with respect. Bullying is the use of aggression with the intention of harming another individual. It can include any intentional written, visual, verbal, or physical act, when the act physically harms the individual or damages his or her property; has the effect of interfering with an employee' s ability to work; is severe or pervasive; and creates an intimidating or threatening environment.
Bullying comes in many shapes and sizes and can take many forms including, but not limited to, excluding, tormenting, taunting, abusive comments, using threatening gestures; pushing, shoving, punching, unwanted physical contact, or any use of violence; graffiti; name- calling, sarcasm, spreading rumors, teasing.
Such conduct can also occur via use of electronic or telephonic communications such as the internet, email and chatroom misuse, mobile threats by text messaging, or calls or misuse of cameras and video equipment. 45 2.6 Obligations of Supervisors/ Managers
A copy of this policy will be provided to all employees of the City, as well as displayed in prominent locations throughout the City.
A copy of the information sheet on sexual harassment prepared by the Department of Fair Employment and Housing is available to all City employees upon request.
The City will periodically notify employees of the procedures for registering a complaint as well as available redress. Such notification shall occur through the normal channels of communication.
The Human Resources Department office will make available upon request information from the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission about filing claims of sexual harassment with these entities.
A copy of" Equal Employment Policy and Practices" as set forth in this Rule 2, shall appear in any publication which sets forth the comprehensive rules, regulations, procedures and standards of conduct for employees. Employees of the City shall receive periodic training on this Policy.
2.7 Complaint Procedure
Employees who believe they have experienced any form of discriminatory harassment or behavior in violation of the Anti- Bullying Policy are encouraged to report this experience immediately, using the complaint procedure provided in Rule
2. 8 below of these Rules and Regulations.
2.8 Complaint Procedure for Discriminatory Harassment, Bullying Behavior A. Obligations of all employees. Comments, gestures or actions that are perceived as harassing or bullying should be immediately communicated with the person who is harassing. That person should be told such actions/words are not welcome.
All employees should immediately report any conduct that they believe violates the City Equal Employment Policies and Practices. This includes conduct they personally experience or directly observe, whether or not reported by the employee who is the object of the conduct. This also includes conduct by nonemployees, such as sales representatives or service vendors, or conduct aimed at such contractors.
Employees should immediately report the conduct to their supervisor, I
manager, any Department Head or the Director of miniofr i io Human Resources, or designee. Under no circumstances shall City employees who believe they have been the victim of discrimination, harassment or bullying behavior be required to first report that harassment to a supervisor or other authority figure if that person or authority figure is the individual alleged to have committed the harassing conduct. These employees should instead report the conduct to any manager or Department Head or the IDirector of minio ro} ivo co,,,, o Human Resources, or designee. 8 46
All employees must cooperate with any investigation of any alleged act of discriminatory harassment conducted by the City or its agents.
B. Responsibilities of Supervisors or Management. Any supervisor or manager who receives a complaint regarding discriminatory harassment or bullying behavior shall immediately report it to the Director of m;^;+,+,, o Human Resources, or designee. If it is not possible to report it to the Director of n,-,, c Y„^ Human Resources, or designee, then the supervisor or manager must instead report the complaint to the City Manager.
I
C. Investigative/ Corrective Action. The Director of m;^;+,+;,, o con,,,,o Human Resources, or designee, will authorize an investigation or conduct an investigation of the complaint. The investigation will be conducted in a manner that ensures, to the extent feasible, the privacy of the parties involved.
The person designated to investigate shall immediately report in writing the I
findings of fact to the Director of + m; n;+ r,+;., o con,,,, o Human Resources, or designee. The Director of O minic r ti io con,,,, oHuman Resources, or designee, will determine whether the Policy has been violated and communicate the conclusion to the complainant. Disciplinary action shall be decided in accordance with City policy and after consultation with the Human Resources Department.
2.9 Policy Against Retaliation:
No employee will be subjected to any form of retaliation for reporting an incident of bullying or harassment, or participating in an investigation by the City of Lathrop or its representatives into allegations of bullying or illegal harassment.
Retaliation is 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, and 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, real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination, or taking negative employment action.
RULE 3: EMPLOYMENT
3. 1 Position Request
Any employment position that is to be filled must first be approved by the City Manager. Department Heads are responsible for communicating to the City Manager the need for additional personnel including necessary budget information.
After approval from the City Manager, the recruitment will be conducted through the Human Resources Department. This applies to all recruitment including: fulltime, part-time, contractual, temporary, seasonal, etc. 9 47
Any position that is to be filled must be authorized in the budget or specifically approved by the City Council.
3.2 Recruitment
It is the responsibility of the Human Resources Department to ensure that all applicants are treated fairly and to ensure that the procedures outlined herein are followed. The Department Head shall be responsible for initiating the recruitment.
A. Types of Recruitment
1. Open and Competitive
Open to all applicants who meet the minimum qualifications and other requirements of the position, as stated in the announcement.
2. In- house
The Department Headl with the City Manager' s approval1 shall have the option to open up any recruitment in- house prior to an open recruitment. If the position is not filled in- house, open and competitive procedures should be followed. In- house recruitment is open to all City employees who meet the minimum qualifications and other requirements of the position. In- house recruitment should stay open for a minimum of seven ( 7) calendar days, and should be extended one ( 1) day for any holiday falling within the seven 7) days.
3. Promotional
a. Departments may use an in- house recruitment to fill senior, supervisory or management positions when such action is in the best interest of the City. Promotional recruitment may be open to all City employees or only to the requesting department' s employees, as determined appropriate by the Department Head with approval of the City Manager; or b. Departments may use an open and competitive recruitment as described above to fill senior, supervisory or management positions.
4. Temporary
a. Temporary recruitment is open to all applicants who meet the minimum qualifications and other requirements of the position, as stated in the announcement; or
b. Departments may use temporary employment services without open competitive recruitment to fill temporary positions, when such action is in the best interest of the City including special projects, abnormal workloads, or seasonal needs.
5. Internships
a. Internships are open to all applicants who are attending any college or university with relevant programs and meet the minimum qualifications and other requirements of the position and other employment with the City, as stated in an announcement or position description. so
48 b. Internships may be recruited openly or by direct referral from campus placement services, academic advisors, and/ or current interns.
6. Emergency Help
a. When a department has an emergency or urgent need for employment assistance of three ( 3) months or less, former City employees or other applicants who meet minimum qualifications and possess the needed skills and abilities may be hired or rehired to fill this role without necessitating a formal selection process.
b. Departments may also use college students presently filling or who recently filled an internship who meet the minimum qualifications to fill an emergency or urgent need for employment assistance.
c. Departments may also temporarily fill a position as an internship. Interns for emergency help may be selected from student referrals by the appropriate academic advisor, college department directors or students, rather than from the formal selection process.
B. Minimum Qualifications
Minimum qualifications will be described in job announcements for each position advertised for recruitment. These are to be reasonably applied by the hiring department so that, if there is any reasonable doubt that an applicant may qualify, the applicant shall not be eliminated based upon minimum qualifications. If no applicant meets the minimum qualifications, the Department Head may interview the most qualified candidates for the position, re- advertise the position, or under-fill the position.
C. Recruiting Methods
The City may use all available, timely and cost effective means of recruiting qualified applicants. This includes but is not limited to contacting an employment agency, minority and other employment referral agencies with job announcements, utilizing professional newsletters and magazines, newspaper classified advertising, maintaining a job interest listing, and other appropriate recruitment methods.
1. The Department Head will develop an employment announcement to be reviewed by the Human Resources Department and approved by the City Manager. Such announcement should include the following information:
position title, salary range, summary of the job and duties, minimum qualifications, testing and selection procedures and recruitment closing date.
2. The responsibility for the development of personnel advertisements is a coordinated effort of the hiring department and the Human Resources Department.
11 49
3.3 Employment of Relatives: No Nepotism Policy
The hiring and promotion of an immediate family member to any position of direct supervision over another immediate or extended family member is prohibited to ensure against preferential treatment, internal control problems, and other related managerial problems. For purposes of this Rule only, the term immediate family includes spouses, registered domestic partners, parents, children, brothers, sisters, grandchildren, grandparents, uncles, aunts, nieces, and nephews.
It is the responsibility of the Human Resources Department and the Department Head making the final hiring decision to ensure that this rule is adhered to.
3.4 Selection of Employees
The objective of recruitment and selection is to provide the City with the most qualified applicant for a position. Selection should be done in accordance with employment opportunities as described in these Rules and Regulations.
The City will endeavor to use a selection process which involves e ia fairly assessing the qualifications of applicants through written tests, personal interviews; performance tests, work samples, successful completion of required training, or any combination of thesei or other testing methods.- The determination of which testing method will be usedl or how the testing will be administeredl shall be sele jwithin the discretion of the Department Director, Director of Arlminic r± i io c, Human Resources, or designee, and City Manager.
A. Application Form
Job applications must be made usinq the online application system desiqnated bv the Cit.
Qes+gee— Upon request, a paper application wil be provided. Applications submitted must be completed in full and signed by the applicant. The City will not process any incomplete or unsigned application.
B. Special Application Form for Applicants and Volunteers Working with Children Under California Public Resources Code section 5164, the City shall not hire a person or volunteer to perform services at a park, playground, or recreational center in a position having supervising or disciplinary authority over a minor if that person has been convicted of any of various specified offenses. Applicants and volunteers for the above- referenced types of positions must complete a separate application that inquires whether the individual has been convicted of any specified offense. Additionally, the City shall screen any such prospective employee' s or volunteer' s criminal background as authorized by Penal Code Section 11105. 3. The City shall include the person' s fingerprints in its request for Department of Justice records.
C. Qualifying and Referral
1. The Director of °;+;,, o con,;^ o Human Resources, or designee, should only consider applications received by or postmarked no later than the closing date for the recruitment unless unusual circumstances beyond the control of the applicant cause the delay, e. g. delays in testing or I
12 50
handling by an approved employment agency, or other circumstances approved by the Director of e„-,,,,,+ r+;., o co,,,,,.o Human Resources, or designee.
2. The Director of ArIminic r i io con,,,, Human Resources, or designee, and Department Head should develop the selection criteria used for evaluation of the applicants based upon education, experience, skills, and any applicable tests. Based upon these criteria the top applicants should be identified. The most qualified applicants may be interviewed, assessed, background and references checked or otherwise tested to select the best applicant for the position.
3. The Director of ° ma c,^ cHuman Resources, or designee, may reject an application at any time during the application or selection process if the applicant:
a. Lacks any of the minimum qualifications or licenses established for the position, unless there are no qualified applicants and the department elects to consider under- filling the position.
b. Made a false statement of material fact or practiced fraud or deception in the application, examination or interview to secure eligibility or appointment.
c. Used or attempted to use political pressure or bribery to secure an advantage in establishing eligibility for an examination or appointment; d. Directly or indirectly obtained information the applicant was not entitled to regarding the test or examination for the position.
e. Violated provisions of these Rules and Regulations or state or federal law.
f. Is a current user of illegal drugs;
g. Is a relative of an employee and is subject to the No Nepotism Policy.
D. Out of Area Applicants
The general rule is that when out-of-area applicants apply for positions with the City, transportation, lodging and meal costs are the responsibility of that applicant. The City Manager may exercise his or her discretion to pay for or reimburse such reasonable costs on a case by case basis.
E. Oral Interview
An oral interview will be conducted by an oral interview board with all referred I
applicants. The Director of °. d n-is+ n^ c
Human Resources, or
designee should make a reasonable effort by telephone and/ or by e- mail to contact applicants to inform them of their eligibility for an interview. The Director of t a#+ e++eesHuman Resources, or designee will work with the interview board to establish an interview questionnaire and ensure that only appropriate inquiries are made.
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51 F. Eligible List
Employment lists of eligible applicants will be established using interview ratings, appropriate test scores or other reasonable screening methodologies.
These lists shall be referred to as " eligible lists." Applicants shall be placed on the eligible list according to ratings, high to low. If tied applicants have the same application date, they shall be placed alphabetically.
The Eligible List shall expire no later than one ( 1) year after the date it is established for the position or three ( 3) months for seasonal positions. The Director of Human Resources, or designee may extend
the time for an additional six ( 6) months. The Director of A m;^;+,+;,, o
Human Resources, or designee may abolish the Eligible List if there is a change in the duties or minimum qualifications of the position which would impact the examination and placement of applicants on the list, or if less than five ( 5) names appear on the list, after the one ( 1) year period.
G. Reference Checks
Reference checks of previous employers, co-workers and other individuals with personal knowledge of the applicant should be made by the Human Resources Department on all applicants who are placed on employment lists and/or all applicants who are selected as finalists for an opening. Adverse or unsatisfactory references may disqualify the applicant from further consideration.
H. Background Checks
Background and/ or credential checks may be made, when deemed necessary, by the City Manager. Also, where pertinent or legally required, driver' s license and criminal background checks will be made. Adverse or unsatisfactory results of background, credential, or criminal background checks may disqualify an applicant from further consideration.
I. Post- Employment Offer Physical Exam and Drug Screening Test After the City makes an offer, but before an employee starts work, the City will require the employee to take a physical exam as permitted by law and to undergo a drug screen test in accordance with Rule 9. 5.
J. Final Selection
The final selection shall be based on the City' s evaluation of the best applicant for the position from among the available candidates.
K. Selection Documentation
All selection criteria, testing scores or results and oral interview rating and references must be recorded and maintained by the City for a minimum of three years. Documentation must be submitted at the time of final selection.
L. Exceptions
I
14 52
The procedures outlined above may be appropriately modified for the recruitment and selection of appointed positions with the approval of the City Manager.
3.5 Rehire of Employees
Individuals who satisfactorily complete an original probationary period and subsequently separate from City employment in good standing, may be eligible for rehire without competing through open public recruitment into any similar City position for which they qualify. The decision to rehire a previous full-time regular or part-time regular employee shall always be at the option of the Department Head subject to the approval of the City Manager. Rehiring of a previous employee shall be subject to all other provisions of employment with the City, including but not limited to serving a probationary period except that at-will employees ( including at- will management, temporary, and seasonal employees) shall not be required to serve a probationary period.
3.6 Probationary Period
Section 3. 6 ( Probationary Period) does not apply to at-will employees ( including at- will management, temporary, and seasonal employees).
A. New Employees
1. New employees-_shall serve a probationary period of not less than six ( 6) months of actual service.-
2. Unrepresented, sworn staff shall serve a probation period of 15 months. 1-. 3_________Periods of time on paid or unpaid leave exceeding five ( 5) days consecutive or noti excludinq compensatory time taken) shall automatically extend the probation period by the number of days the employee is on leave. This probationary period may be extended for a period up to six ( 6) additional months at the recommendation of the Department Head and approved by the Director of °'+ Y+- Q Human Resources, or designee, and City Manager. Any extension of probation shall be in writing and must be given to the employee before the probationary period has ended.
2.. The probationary period is considered to be part of the selection process. Employees have no right to employment during this probationary period. Probationary employees may be dismissed at any time without cause by the City.
Probationary employees do not have access to the grievance or appeal process and are not entitled to a hearing upon dismissal.
B. Promoted Employees
1 . On accepting a promotion, an employee serves a new probationary period of six ( 6) months of actual service.
2. Unrepresented, sworn staff shall serve a promotional probation period of 12 months
I 15
53 1-. 3. Periods of time on paid or unpaid leave exceeding five ( 5) days consecutive or not) shall automatically extend the probation period by the number of days the employee is on leave. This probationary period may be extended for a period of up to six ( 6) additional months. at the recommendation of the Department Head and approved by the Director of Human Resources, or desiqnee, and City Manager. Any extension of probation shall be in writinq and must be qiven to the employee before the probationary period has ended.
204_____ An employee who fails the+s probationary period has no right to their former position. Also, an employee who fails the+s probationary period and is dismissed has no right to the grievance or hearing procedures. 3:,,
Y___The end of the probationary period shall be the new Performance Review Date ( PRD) for the promoted employee. At this time the employee will be eligible for a step increase as outlined in these Rules and Regulations.
3. 7 Regular Employee Status
A. Regular Full- Time Employees. Employees who are employed in a position who successfully complete their probationary period and who regularly work a minimum of forty ( 40) hours per week shall be deemed regular full-time employees.
B. Regular Part- Time Employees. Employees who are employed in a position who successfully complete their probationary period and who regularly work less than forty ( 40) hours per week, but at least thirty ( 30) shall become regular part-time employees.
3.8 Lay Off Procedures and Bumping Rights
A. Statement of Intent. Whenever the City eliminates a position or has a reduction in force due to reduced work, reduced revenues, or other reasons, or when in the judgment of the City Manager, it becomes necessary to abolish any position of employment, the employee holding such position may be laid off or demoted, without disciplinary action and without the right of appeal.
B. Notification. Employees to be laid off shall be given, whenever possible, at least fifteen ( 15) calendar days' prior notice, which shall include an opportunity to submit in writing or meet with the Director of a.,„ n,+ r,+;,, o con,,,.o Human Resources, or designee regarding the reasons for the layoff and his or her seniority and bumping rights. The Director of m;^++,, o co,,,. Human Resources, or designee, will render a reply in writing within seven ( 7) calendar days after receiving the employee' s response.
C. Vacancy and Demotion. Except as otherwise provided, whenever there is a layoff under this rule, the City shall first demote to a vacancy, if any, in a lower class for which the employee to be laid off is qualified. All persons so demoted shall have their names placed on the City's reemployment list. 16 54
D. Employee Rights. A permanent employee affected by layoff shall have the right to displace an employee who has less seniority in a lower class in the same class series or in a lower classification in which the affected employee once had permanent status. Seniority includes all periods of full- time service at or above the classification level where layoff is to occur.
E. Seniority.
1. In order to retreat to a former or lower class, an employee must have more seniority than at least one ( 1) of the incumbents in the retreat class, and I
shall request displacement action in writing to the Director of is sHuman Resources, or designee, within five ( 5) working days of receipt of notice of layoff. Notice of layoff shall include a notice of the rights Isetforth in this rule.
1. 2 Employees retreating to a lower or similar class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off.
3._________Employees retreating to a lower or similar class shall serve a probationary period in the new class unless they have previously successfully completed a probationary period in the class or the class series.
F. Employment Status.
1. Only regular full-time employees and regular part-time employees as defined in Rule 3. 7 shall be entitled to any rights under this Rule.
2. In cases where there are two ( 2) or more employees in the class from which the layoff is to be made, employees whose last overall evaluation rating have been " improvement- needed" or worse shall be laid off first, regardless of seniority. If no employees within the class fit such criteria, or after all sorated employees have been laid off, layoffs shall be in inverse order of the employees' seniority in that or a higher class.
G. Reemployment List.
1. The names of persons laid off in accordance with these rules shall be entered upon a reemployment list. Lists from different departments or at different times for the same class of position shall be combined into a single list. Such list shall be used when a vacancy arises in the same or lower class of position before certification is made from an eligible list.
2. Names of persons laid off shall be carried on a re=employment list for one 1) year, except that persons appointed to permanent positions at the same level from which they were laid off shall, upon such appointment, be dropped from the list. Persons who refuse reemployment shall be dropped from the list. Persons reemployed in a lower class, or on a temporary basis, shall be continued on the list for the higher position for two ( 2) years. The City Manager may extend the duration of a reemployment list. 1 55
RULE 4: WORKING CONDITIONS AND WORK RULES
4. 1 Working Hours and Breaks
The City of Lathrop will strive to serve the needs of the public by establishing reasonable business hours. This rule establishes guidelines for working hours for employees as well as lunch periods and breaks.
A. City of Lathrop Business Hours
1. The City of Lathrop shall strive to provide reasonable business hours to ensure accessibility for the public and meet the general needs of citizens.
Each department within the City will establish business hours to best service the public, as determined by the Department Head and City Manager and shall be posted at the City building and on the City website. We h icinocc hn rc fnr ni+i nn nn cc tn (' it i nffino oro frnm Q• nn om n • nn Extended hours may be considered to provide adequate public accessibility. City offices are closed on holidays.
2. Department Heads should make sure there are sufficient personnel available to effectively operate the department during all business hours.
3. Certain departments may provide emergency service twenty_—four ( 24) hours a day as determined by the Department Head and City Manager.
B. Lunch Period and Breaks
1. Lunch Period. Each employee who works at least an eight ( 8) hour day is entitled to a one ( 1) hour lunch period unless otherwise modified by MOU.
A one- half ( 0. 5) hour lunch period may be taken with approval of the employee' s Department Head. The supervisor should establish a I
reasonable lunch schedule for all employees, ry^ r,"„ ho+,,00„ + ho h„ r. based on the emplo
es re_qular work schedule.
Part-time employees working five ( 5) hours or more are entitled to at least one ( 1) half hour lunch period. The Department Head may approve a longer lunch period for part-time employees.
2. Breaks. Full time employees shall be entitled to a fifteen ( 15) minute rest I
break around the midpoint of each half of the shift
worked. ^ fo,-",;; i. Unless a supervisor specifically requires an employee to miss a scheduled break, rest breaks shall not be combined with a lunch period or otherwise banked. If a City emergency arises which requires that an employee miss a scheduled break, the two ( 2) scheduled breaks may be combined provided operation requirements allow and provided the missed break is taken on the same day as it was missed. Part- time employees working less than three (3) hours per day are not normally entitled to a rest break. One ( 1) rest break may be taken for part- time shifts of three and one- half (3. 5) hours to five ( 5) hours.
I
18 56
C. Scheduling Time Off and Time Away From the Office
1. All employees are responsible for keeping appropriate personnel advised as to scheduled time off work, sickness, or other absences, in accordance with City and department rules and practice.
2. All employees should keep appropriate personnel informed of their location during scheduled work time, in accordance with City and department policy or practices.
D. Flexible Work Schedules
Employees' work schedules should be set by their Department Head with the approval of the City Manager. Normal work schedules will involve an eight to twelve hour block of time based on the work schedule established by the department in order to meet the appropriate business needs of the Citv
This shall not include the lunch break
period. r+rc+«
r, o,, h;EqT n,, t# c-,, c-ie- le-s. '^
a ees, aApproval for other schedules shall be obtained from the City Manager. Scheduled days off in a work week shall be consecutive.
4.2 Overtime and Compensatory Time
The City of Lathrop intends to compensate City employees for all hours worked, including overtime hours worked in compliance with the Fair Labor Standards Act FLSA), or as set forth in the applicable Memorandum of Understandinq. — The FLSA categorizes employees as exempt and nonexempt. Exempt employees are not eligible for overtime or compensatory time. Exempt employees includes all employees who meet one or more of the duties test exemptions from overtime under the FLSA ( e. g. executive, administrative, professional, etc.) and who are paid on a salary basis. Salary basis means compensation in a predetermined amount that is generally not reduced regardless of the quality or quantity of work actually performed.
The City Manager shall classify all positions for purposes of FLSA. Department Heads shall see that records are kept and overtime and compensatory time are approved in accordance with this section and departmental procedures. The Director of Finance , a e shall calculate pay periods. For purposes of the 9/ 80 alternate work schedule, the Friday worked ends/ begins mid- day Friday; the designation of mid- day Friday is the start of the pay period.
I 19
57 i
A. Overtime Compensation
1. An employee who works beyond the specified numbers of hours in the pay period shall receive compensation at the rate of one and one- half times the regular base pay. All time in paid status, with the exception of vacation, sick and compensatory time taken, shall be deemed time worked for the purposes of this sectioni or as set forth in the a plicable Memorandum of Understandinq. .-
2. Compensatory time may be given in lieu of paid overtime at the discretion of the Department Head. Employees earning compensatory time may only accumulate eighty ( 80) hours. Employees who accumulate more than the maximum eighty (80) hours shall be paid for overtime hours in excess of the maximum.
B. Approval of Overtime
1. Overtime worked must be approved by the Department Head prior to being worked. The Department Head should make sure that appropriate and accurate records of all overtime hours worked and any compensatory time earned are kept.
2. Failure to have overtime approved in advance, except for call- back time, will not prevent the City from compensating the e€ mployee for the time worked; however, disciplinary action may be taken for working unauthorized hours.
C. Payment of Accrued Overtime
i anr+ri orl nn 4( Y fi nll ho i c h ro nnnn or! i n+ inn T- TTI G TQG S R L' i'- LT RTI A q 7
loo io inihor ovar on omnlnvoo Loc timo ff
1 . __.____ Use of compensatory time should not create a situation where overtime for other personnel within the department or City is necessary to maintain operations.
2. __ Upon termination of employment, any compensatory time up to the maximum accrual earned and unused by the employee shall be paid at a rate of pay equal to the employee' s current rate of pay at termination.
D. Record Keeping
Each Department Head shall see that accurate records are kept of all hours worked by each employee within the department. Such records shall differentiate between scheduled hours and overtime hours worked and all leave hours taken per work period for each employee. Copies of all time worked records shall be submitted to the Finance Department at the end of each pay period or each work period. These records shall be maintained for at least three (3) years.
Hours worked shall be documented and compensated in fifteen ( 15) minute intervals. For example, an employee working more than five ( 5) minutes in a fifteen ( 15) minute interval shall be compensated for fifteen ( 15) minutes. 20 58
4.3 Light Duty Assignment ( Workers Compensation)
A. Policy and Description.
A modified duty/ return to work program is an essential part of a cost containment effort. Modified duty/ return to work assignments are temporary assignments to assist employees on the job to progressively escalate to full duty status. It shall be the policy of the City that all supervisors implement, maintain, and adhere to the modified duty/return to work program guidelines.
This Rule applies to light duty under Workers Compensation. See Rule 2. 1 for reasonable accommodations under state and federal laws.
The City has established this modified duty/ return to work program with the following objectives:
1 . To return all injured employees to work as soon as possible without danger of re- injury.
2. To reduce the number of employee days lost from work and the cost of workers' compensation temporary disability benefits.
3. To increase communication with injured employees and eliminate any perception of indifference on the part of the employer.
4. To reduce the number and expense of litigated cases.
5. To diminish the feelings of unproductiveness and depression which may accompany an employee' s injury and reinstate self- confidence and dignity in their place.
6. To perform tasks for the City which can be supplemental, enhance services, or that currently go undone or which would otherwise require extra help, while at the same time providing productive work for a temporarily injured employee.
Modified duty/return to work assignments are only temporary assignments designated for employees who were injured and who can return to work within the physical restrictions set forth by their health care provider. These assignments are established for a period not anticipated to exceed two ( 2) or three ( 3) months. Assignments created for modified duty/ return to work participants are not permanent assignments and are not funded in the most recently approved budget. It is in no way the intent of the City to make modified duty/ return to work assignments permanent assignments.
B. Procedures
1. Injured employees will be medically treated as deemed appropriate. The City' s designated medical provider will be aware of the City' s modified duty/ return to work program so they can assist the City in placing the injured employee in an appropriate assignment.
I
a. Upon return from the health care provider' s office, the employeel supervisor and a representative fron the Human Resources Department will meet to discuss the work restrictions as reported by the doctor on I
21 59
the Work Status Report. If the work restrictions
require modified/ light duty work, then such assignment will be evaluated and made available in the work unit if possible.
b. If any question should arise concerning the injured employee' s ability to perform a specific modified/ light duty assignment, the health care provider who authorized the modified/ light duty work must be contacted for clarification.
c. If no modified duty/ return to work assignment is available within the injured employee' s regular department, the supervisor will contact the Human Resources Department within one working day following the meeting with the employee. If modified/ light duty work is not available within the employee' s normal work area, oral notification shall be given by the Human Resources Department as to the availability and location of modified duty/ return to work assignments.
d. If no assignments can be found, the injured employee will be placed on temporary disability until such time as appropriate work, within the work restrictions, is available, or the restrictions are lifted pursuant to direction from the doctor. A letter or memorandum notifying the injured employee of the modified duty/ return to work assignment must always follow the oral notification.
2. If it appears that the injured employee will not return to their regular job within a reasonable period of time, the Human Resources Department will contact the workers' compensation third party administrator to request that an appointment be made with a specialist for consultation and/ or treatment and to make a determination on the issue of returning to regular work duties.
Under this provision, sixty (60) to ninety (90) days shall be deemed to be a reasonable period of time.
4.4 Use of Personal Equipment
Use of personal equipment for performing work for the City shall not be permitted without authorization from the Department Head. Personal vehicles may be used with the approval of the Department Head. Employees using their personal vehicles for City business will be compensated for mileage at the approved IRS rate for mileage reimbursement. Employees authorized to use their personal vehicle for City business shall also provide proof of vehicle insurance acceptable I
to the City as outlined in the City Vehicle policy.
4. 5 Use of City Facilities, Funds, Property, Vehicles, Equipment, and Supplies A. Public Resources
City facilities, funds, property, vehicles, equipment and supplies are public resources. Employees may not use these public resources for personal purposes or private gain.
B. Use of City Facilities, Funds, Property, Vehicles and Equipment I 22
60 Employees are expected to exercise due care, safety and economy in the use of City facilities, funds, property, vehicles, and equipment. For example, turning off electrical lights when not needed and reporting needed repairs are essential to the City' s economy. City facilities, property, vehicles, equipment and supplies may be used only for the purpose for which they were intended.
C. Inappropriate Use Constitutes Misconduct
The following is strictly prohibited and constitutes misconduct under Rule 9:
1. The use of any city facilities or property without approval.
2. The use and/ or removal of any city funds, vehicles, equipment and supplies without approval.
3. The theft or conversion of City funds, vehicles, equipment and supplies for personal purposes or use.
D. Restitution and Repayment to City
In addition to the imposition of discipline for misconduct as provided under this Rule, employees may be required to repay City funds and to provide restitution to City for any City facilities, property, vehicles and equipment which are damaged, destroyed, stolen and/ or converted.
4. 6 Policy Regarding Cell Phones and Text Messaging
A. Limitations on Use of Wireless Telephones (Cell Phones) Employees are prohibited from using cell phones or any type of mobile service device ( pagers, texting devices, laptops, etc.) while driving on City business and/ or City time ( except in emergency situations when it is necessary to contact law enforcement, an emergency health care provider, the fire department, etc.).
B. Prohibition Regarding Text- Based Communications
Employees on City time or City business shall not drive a motor vehicle while using a wireless communication device to write, send, or read a text-based communication including, but not limited to, a communication referred to as a text message, instant message, or electronic mail.
C. Authorized Use
In the event an employee' s job requires that the employee' s cell phone be kept on while driving, the employee must use a hands-free device or safely pull off the road before using the cell phone to conduct City business. Except in emergency situations, under no circumstances should an employee make phone calls or use a mobile service device while operating a motor vehicle on City business and/ or City time.
D. State Law
I 23
61 California law prohibits a driver of a motor vehicle from using a wireless telephone unless a hands-free device is used except in emergency situations i. e. calling law enforcement, an emergency health care provider, the fire department, etc.). California law also prohibits a driver of a motor vehicle from using an electronic wireless communication device to write, send, or read a text-based communication. Violation of this City policy regarding the use of cell phones and/ or text messaging will constitute a violation of California law and a violation of City rules.
RULE 5: TRAINING, EDUCATION AND PERFORMANCE EVALUATIONS
5. 1 Training and Education
It is the City' s policy to promote operational efficiency. Department Heads may make specific funds available for job-related education and training within their departments. The expenditure of training funds is discretionary with a Department Head within budget appropriations. Notwithstanding any other provisions of these Rules and Regulations, in the event an MOU negotiated with a Union representing City employees provides for enhanced benefits of the type provided in this Section 1 , the enhanced benefits shall supersede the benefits provided in this Rule.
A. Education
Permanent full- time employees are eligible to receive tuition reimbursement for educational purposes which tend to improve their ability to accomplish their City job for courses taken on the employee' s own time. . Courses taken at any colleqe or university, business or technical school, or courses qiven a recoqnized corres ondence school shall be recoqnized when they are:
a. Related to the employee' s current position within the City b. Related to the employee' s potential development within the City c. Part of a proqram leadinq to a deqree relating to the employee' s position or possible development within the City
Reimbursement must be recommended by the Department Head and approved by the City Manaqer prior to the startinq date of the course.
Requests are to be submitted on an approved form provided by the Human Resour_c_es_Department. Requests will be returned to the employee within fourteen ( 14) calendar days of submittal. Payment of education funds is discretionary within appropriate budqet limits.
m ic+ rv i ho /` ifv A r onc+ r r rinr tn onrnllm chni IrJ ho n-ru-ur rrc-vTry vrcmuzJc- rrv'rz crn- vn rrr. rryura--vc Tho r» imon nf c rJi ino} inri f nrlc ic r- licnratinr» r i niith o ( lor nr}moni I- lo rl I 24
62 a. Costs are not to exceed $ 1- 99: 98- 3, 000 maximum per calendar year1 per employee; including books, materials and lab fees.
b. Employee' s time, h, e ials- and travel are at employee' s own expense.
c. Class time must be on employee' s own time unless the Department Head approves an exception.
d. A passing grade (C or better), or a certificate of completion is required in each cours for reimbursement -is required for reimbursement. d. e. The City shall reimburse the employee within ( 30) calendar days of submitting the necessary documentation. If an employee voluntarily separates within one year of receiving the educational reimbursement, he/ she must reimburse the City of Lathrop within one year from the separation date.
2,________An employee must reimburse City if employment is voluntarily terminated within one ( 1) year.
B. Training
1. Employee training which is mandated or sponsored by the City should be funded by the employee' s department.
2. Training may, at the discretion of the Department Head, be taken during regularly scheduled work time.
3_ All training and travel costs shall be approved by the Department Head, except out of state travel which must be approved by the City Aa a Council.
4. The City approved travel policy must be adhered to, as applicable
3.,______ Training requests shall be made usinq anv traininq request forms established by the employee' s department, or Human Resources.
5.2 Performance Evaluations
It is the policy of the City to base compensation of employees on pertormance. A performance planning and review system that recognizes and rewards outstanding performance and corrects poor performance can contribute significantly to improved morale and productivity. In order to promote employee job satisfaction and morale, employees need to know that their supervisor is interested in their progress and development as well as providing regular systematic written feedback.
A. Applicability
1. Performance appraisals shall be performed for probationary, full-time, and part- time employees.
2. Departments are encouraged to extend use of performance appraisals to temporary and other employees.
I 25
63 3. Performance appraisals shall take place
f+or + ho +h; r n, prior to the end
h W,,, n+ h
of the probationary period. For probation periods exceeding 6 months, an evaluation may be provided mid- way
e
throu
the probationary
riod. Subsequent performance appraisals should be performed at least annually on the employees Performance Review Date ( PRD) and may take place more often. Unless a completed, satisfactory performance appraisal form is turned in to the City Manager fourteen ( 14) calendar days prior to completion of the - iY, r,' ^, ;+ h + h mnn4hc robation period, employment may be terminated at the discretion of the City Manager.
B. Elements of a Performance Appraisal
A performance appraisal form shall be established which shatl be uniform to all departments and shall incorporate the necessary elements for each department. This form shall be used by each department unless otherwise I authorized by the City Manager.
C. Approvals
1 . The employee and supervisor shall discuss and sign the performance appraisal at the end of the appraisal meeting.
2. If the employee disagrees with the appraisal, he or she shall have the opportunity to rebut the appraisal within 10 days of being issued and have the rebuttal placed in his or her personnel file with the appraisal.
D. The Department Head must review and sign the performance appraisal, before any salary action or corrective action may be taken. Records A copy of all signed and completed performance appraisal forms shall be submitted to the Director of ° tY,+;,, o con,;^ o
Human Resources, or
designee, to be included in the employee permanent personnel files.
RULE 6: COMPENSATION
6. 1 Time Records and Pay Periods
A. Time Records
All employees shall be required to complete and submit to the Finance Department a record of hours worked at the end of each pay period. The Finance Department shall provide a time sheet to record time and shall be responsible for maintaining time sheets for each employee.
B. Pay Periods
Pay periods consist of a two ( 2) week period. Pay checks are distributed one 1) week following the end of a pay period.
I 26
64 6.2 Salary Plan
The City diligently strives to pay competitive market salaries to its employees. In order to achieve this, the City Administration has devised a City- wide salary plan based upon competitive market values.
A. Establishment
A classification and salary plan shall be established according to City ordinance. The salary plan shall be administered by the City Manager.
B. Appointment
New employees generally should be paid at step one of the salary range. An employee may start at a higher step at the discretion of the City Manager upon recommendation from the Department Head if the qualifications of the applicant exceed the minimum qualifications of the position or because of unusual circumstances. For example, additional work experience and/ or education beyond the minimum requirements of the job, the possession of special skills and knowledge, or special market conditions which warrant or demand a higher starting salary.
C. Under- filled Positions
A position may be under- filled to provide career development opportunities if the Department Head deems that workloads can be satisfactorily managed and staff is able to provide appropriate training and supervision or if, after the recruitment process, a qualified applicant is not available. An under-filled position will be on a six ( 6) month trainee period during which time the salary shall be fifteen ( 15) percent below the starting salary for that position. At the end of a satisfactory six (6) month trainee period, the employee shall be eligible to move to the first step of the range for that position and begin the regular employee probationary period as a promoted employee. At any time during the trainee period, the Department Head may determine to return the employee filling the under-filled position to his or her regular position.
D. Salary Adjustments
1. Market Adjustments
At least once annually all salary ranges shall be reviewed by the City Manager. This review may include a salary survey for some or all positions in the City. After review of salary ranges, the City Manager may make recommendations to the City Council for market and/or cost-of-living adjustments to salary ranges and the incumbents of those ranges.
Individual positions may be market adjusted only with the approval of the City Manager and within budget constraints as approved by the City Council.
2. Step Increases
a. Employees are eligible to receive a step increase at least once annually at their PRD with approval of the City Manager upon recommendations I
27 65
from the department head. After an employee reaches Step 5 of their salary range a step increase is no longer available without advancement to a new position.
b. Any step increase shall be based on a performance appraisal to justify the increase and should be based on recognized and documented overall satisfactory performance during the performance period as defined by the performance appraisal documents. Supervisors should give a recommendation regarding step increases for each employee after the employee' s performance appraisal. This recommendation should be made to the Department Head.
E. Promotions
Any employee receiving a promotion shall start on the first step of the salary range of the class to which he or she is promoted and be eligible for salary increases as provided in the salary plan, unless the present salary level is equal to a exceeds the first step of the class to which the employee is promoted. In that event, the employee shall be assigned to the step in the salary range to which they are promoted that is the equivalent of at least a five ( 5) percent increase in salary.
F. Demotion
An employee who is moved by management to a position with a different job title and lower salary range for cause or disciplinary reasons may receive a reduction in base salary rate in an amount deemed appropriate by the Department Head. If the salary reduction leaves the base salary rate above the new position salary range the salary shall be Y-Rated until such time as the salary is in line with the salary range.
G. Transfers
There should be no salary adjustment for a lateral transfer of an employee without the approval of the City Manager.
6. 3 Uniforms
Certain employees within the City may be required to wear uniforms. The City shall prescribe what type of uniform shall be worn and the City will provide such uniform. Generally employees will be responsible for maintenance and cleaning of such uniforms. Employee uniforms shall be evaluated annually by the Department Head to determine the need for replacement of uniforms by the City.
At the discretion of the Department Head, with the approval of the City Manager, a uniform service may be used for providing and cleaning of uniforms.
6.4 Court Appearance Pay
Employees who are subpoenaed to appear as witnesses on behalf of the City may are deemed to be on dutv and granted leaves of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the City within thirty ( 30) days from the termination of their services. Compensation for mileage and subsistence allowance shall not be 2s
66 by the employee unless the employee uses a city vehicle to report for the court appearance.
6.5 Cail- Back Pay
An employee may be called out to work during non- scheduled work hours. The City shall strive to compensate these employees fairly and equally.
A. Members of the City' s bargaining unit responding to an off-duty emergency callback shall be compensated for all hours worked at the overtime rate of one and one- half ( 1. 5) times per case or compensatory time provided, however, that the minimum compensation shall be two ( 2) hours at the time and one- half rate.
B. Consecutive recalls occurring within thirty minutes of release from the initial call back shall be treated as part of initial call back. Consecutive recalls occurring after thirty minutes from release shall be subject to the same compensation hereinabove mentioned.
C. Full- time employees shall receive $ 3. 00 per hour as stand- by compensation.
6.6 Severance Procedures
A. When an employee separates from the City for any reason, the City should:
1. Collect all equipment and keys from the employee, delete the employee security codes from computer systems if appropriate and any other items or activities identified by the Department Head or City Manager to facilitate the employee leaving City employment and protect the security of the City. All items must be signed off by the Department Head and the employee.
2. Conduct, at the discretion of the City Manager, an exit interview with the employee. Such interviews may be conducted by the City Manager, Director of miniciroti io co,; o Human Resources, or designee, or the Department Head.
3. Pay the employee all accrued vacation leave, compensatory time and all hours worked not previously compensated up to the date and time of separation.
4. Pay any agreed upon severance pay as provided by City ordinance, the Compensation Plan or other independent agreement.
5. Obtain written approval from an employee before withholding from the final pay check monies owed the City by the employee to recover monies for such items including but not limited to:
a. Travel advances;
b. City credit card use;
c. Misappropriated City assets;
d. Any City property not returning to the City;
e. Overpayment of salary or benefits;
I
29 67
f. Educational expenses.
Release of a final pay check does not waive the City' s right to pursue the recovery of the items listed above, or any other monies owed by the employee to the City.
B. Employees may elect to have funds withheld from their final pay check to fund the continuation of employee benefits as provided by law or contract, including health insurance.
C. The City shall not provide the following to employees after their date of separation.
1. Any paid allowances, such as vehicle, uniform, tools, etc.
2. Additional leave and holiday benefits on paid severance.
3. The cash value of contribution to any benefits other than retirement and Medicare.
D. The City should make final payment to a voluntarily separated employee during the next regularly scheduled pay day unless the Department Head requests a more prompt payment.
RULE 7: EMPLOYEE BENEFITS
7. 1 Paid Holidays
The City recognizes that various special occasions occur during the course of a year which warrant special celebrations and/ or observances. These occasions are generally designated by Federal and/ or State Statute, or by tradition. In order to acknowledge these occasions, the City has determined that it will recognize certain holidays throughout the year and allow City employees to observe these occasions by granting employees time off work, with pay or giving an additional day's or shift' s pay.
A. Any day designated as a paid holiday by the City Council shall be considered a legal holiday for City employees.
B. The City shall observe the following holidays:
HOLIDAY DATE OBSERVED
New Year' s Day January 1
Martin Luther King Jr. Day : 3rd Monday in January
Washington' s Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
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68 Labor Day 1 st Monday in September
Veteran' s Day November 11 th
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving 4th Friday in November
December 24 December 24
December 25th December 25
December 31 New Years Eve
If a holiday falls on a Sunday, the following Monday will be observed as the holiday, except that if December 24th or December 31 st falls on Sunday, the preceding Friday will be observed as the holiday. If a holiday falls on Saturday, the preceding Friday will be observed as the holiday. If December 24th or December 31 st falls on Friday, the preceding Thursday will be observed as the holiday.
C. Floatinq Holiday
Employees shall be entitled to one ( 1) floatinq holiday equivalent to one rec ular work day (based on employee work schedule) each Fiscal Year. Floating Holiday time shall be accrued durin.q the pa rLperiod that includes July 1 st. New employees hired after July 1 st shall not accrue a floatinq holiday until the followinq July 1 st.
Floatinq holiday accrued shall be available for use the first day following the pay period in which they are accrued, and shall be scheduled at a time mutually aqreed upon between the employee and Supervisor/ Department Head.
Floatinq holiday hours must be used in the fiscal year they are received and is to be used in a full day increment. Any Floating holiday hours remaininq at June 30t" shall be rolled over into the emplovee' s vacation bank.
D_ Part-time Employees
Part-time employees working at least thirty (30) hours per week shall receive the same holidays on a pro-rated basis to their average hours worked per week.
For example, if a part-time employee was scheduled to work thirty ( 30) hours per week, the individual would receive six ( 6) hours of holiday pay for each holiday observed.
Temporary and Seasonal Employees
Temporary and Seasonal employees, do not receive paid holidays but may be given leave without pay to observe the occasion. If required to work a holiday, straight time or overtime pay may be made in accordance with these Rules and Regulations.
Fo Employees Occasionally Working Holidays
I
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Regular full-time and regular part-time employees required to occasionally work on a holiday ( e. g., Parks and Recreation and Public Works employees) may be permitted to take a different day as the holiday, accrue the time as compensatory time or be compensated for the holiday as approved by the Department Head. Compensation shall include eight ( 8) hours of Holiday Pay, for full-time employees, plus time and a half for the number of hours actually worked.
7.2 Vacation Time
The City of Lathrop seeks to provide City employees with time away from their daily job duties in order to relax, to refresh their energies and dedication to the job, and to maintain their health and personal well- being. For this purpose, the City has devised a vacation program for City employees.
A. Full- time Employees
Full- time employees shall begin to accrue vacation leave on the date of hire on a bi- weekly basis at a rate based upon tenure of employment:
Years of Service Monthlv Accrual Approx. Annual Max Accrual Accrual
0 — 4 years 6. 6671a hours 80 hours k 240
hours # s:-
5 — 9 years 10 hours # 120 hours #: 360
hours 1
10 + years 13. 33 hours k 160 hours 1 480
hours 1
B. Part- time Employees
Part-time employees working at least thirty ( 30) hours per week shall accrue vacation leave on the same basis as full- time employees, except that the accrual will be prorated based on the average number of hours worked per week.
C. Seasonal and Temporary Employees
Seasonal and temporary employees do not accrue or receive vacation time but may be allowed leave without pay.
D. Vacation Buy- Back
Exempt employees are eligible to buy back up to forty ( 40) hours of accrued vacation hours per year. This will be based on the amount of vacation accrued on December 1
St of each year. Vacation buy-back will not be automatic.
Employees wanting to buy- back vacation must submit a written request to the City Manager by December 15th of each year. At the time the request is submitted, the exempt employee must have accrued a minimum of forty ( 40) I
32 70
hours of vacation time. If a request is not received by December 15th, the buyback will not be allowed.
E. Vacation Scheduling
All vacation time must be scheduled in advance with the Department Head and should be taken at a time which does not unnecessarily burden the department.
As much as possible and as work scheduling permits employees may take multiple weeks of vacation when properly scheduled with their Department Head. All leave shall be approved by submitting a completed leave form to the Department Head for approval. Leave equaling one ( 1) week or more should be scheduled at least two ( 2) months in advance. Earlier scheduling of leave is encouraged in order to allow supervisors to reassign work load.
I Ico nf ( nmr or co nr i Timo
rn',- Brmi- rp t` i
mo choll ha 4 Lon hnfnro i n inn iima ic t Lon.
Use of Vacation Benefits
Employees are eligible to take accrued vacation time after completion of an approved probationary period. An employee may take some accrued vacation time prior to having completed the probationary period if approved by the Department Head. The vacation time will only be allowed if the situation requiring the taking of the vacation time is an emergency, or if the taking of the vacation time was negotiated prior to employment.
a. Vacation Accrual
Employees may accrue vacation time to a maximum of three ( 3) times their current annual accrual rate. Any employee exceeding this maximum accrual on December 31 st of each year shall discontinue accruing vacation until such time as the total accrual drops below the maximum accrual limit. An employee' s accrual limit may exceed the maximum limit during the year; however, the employee will discontinue accruing vacation on December 31 st of each year if his/ her accrual exceeds the maximum limit.
Employees who have a scheduled vacation canceled during the months of November and December due to an emergency may have their maximum vacation accrual temporarily increased. In this ease the employee must meet the following conditions:
1. The employee' s vacation accrual must be above the maximum on December 31 st of that year.
2. The Department Head must determine that there was no other available time during the months of November and December when the vacation could be rescheduled.
3. The maximum accrual extension must be approved by the City Manager.
4. The provisions for discontinuing accrual based on exceeding the maximum limit will be waived for one ( 1) year. The provisions for discontinuing accrual based on maximum limit shall be enforced the following year.
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71 I. H, Accrued Vacation Upon Separation
Employees are entitled to all accrued vacation leave upon their separation as a City employee.
RULE 8: EMPLOYEE LEAVE
8. 1 Authorized Absence
Employees shall be in attendance as required by their position. Any unauthorized absence may be cause for discipline. Authorized absence means permission to be absent from duty for a specified purpose, with the right to return before or upon the expiration of the leave period. Requests for leave are to be completed on a City approved form and submitted to the employee' s Department Head.
8.2 Sick Leave
The City understands that there are times when a City employee, because of illness or injury, or illness or injury related circumstances, cannot and should not be at work. Sick leave is not a privilege to be used at an employee' s discretion, but may only be used in cases of necessity and actual illness or disability of the employee or a
family member needing care as set forth under this Rule. The City shall adhere to appropriate state and federal mandated family care leave laws.
See Rule 8. 4.)
A. Accumulation and Use of Sick Leave
1. Full- time and exempt employees may begin to accumulate sick leave on the date of hire at a rate of eight ( 8) hours per month.
2. Regular part-time employees may begin to accumulate sick leave on the date of hire on a prorated basis.
3. An employee eligible for sick leave may accumulate an unlimited amount of unused sick leave. An employee may begin to utilize accumulated sick leave after having completed three (3) full pay periods of employment.
4. Effective July 1, 2015, the City of Lathrop will provide paid sick leave to covered employees in accordance with the Healthy Workplaces, Healthy Families Act of 2014. This paid sick leave is available to employees who work in a part- time, temporary or seasonal capacity and do not qualify for other leave benefits. Sick leave may only be used in cases of necessity and actual illness or disability of the employee or a family member needing care. In those cases, the sick leave may be used as follows:
a. An employee who works 90 or more days in a twelve month period is entitled to paid sick leave.
b. An employee is only allowed to use up to a maximum of three ( 3) days or 24 hours, whichever is greater, or paid leave in the calendar year.
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72 c. Employees will be credited with 24 hours of sick leave at the beginning of the calendar year. Unused sick leave will not be rolled over to the next calendar year. This is not a vested benefit.
d. Employees whose hire date is after January 1 st of any year will have their accruals prorated for the remainder of that fiscal year. An employee is not eligible to begin using any accrued paid sick leave until the 90th day of employment with the City.
a DorF_+imo omr ln i000 r c vnl irlor! frnm ronoi iir rr r oirJ Roro iomon 1= oo i i
c+ Qa io fnr horo vomoni nnni irronno
r i rc on t + ho ( i i° c Rova iomon4 Dnlin i / Qoo Qt ilo Q 7 e. Paid sick leave will not be considered as hours worked for the purposes of overtime calculation.
g-:f, An employee will not receive compensation for unused accrued paid sick leave upon transfer to full- time status, termination, resignation, retirement or other separation from employment from the City. r_____If an employee separates from City employment and is re- hired in a part- time, temporary or seasonal status, the employee must satisfy the 90 days of employment requirement collectively over the periods of employment with the City before paid sick leave can be used.
B. Definition of " Family Member" pursuant to Labor Code Section 245. 5 1 . " Family Member" includes the following:
a. A child, which for purposes of this Rule means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.
b. A biological, adoptive or foster parent, stepparent, or legal guardian of an employee or the employee' s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
c. A spouse
d. A registered domestic partner
e. A grandparent
f. A grandchild
g. A sibling.
C. Notification of Need to Use Sick Leave
1. Employees should provide reasonable notice to their supervisor of inedical appointments. Any employee needing to be absent from work because of a sick leave circumstance will arrange for a telephone report to his or her I 35
73 supervisor by the beginning of the scheduled work day or shift ( no later than the start of the work shift) to ensure coverage can be arranged.
2. Any use of sick leave, including maternity, paternity, and parenting leave, which results in absence from work exceeding three ( 3) successive work days, may be required to be supported by a medical certificate or other evidence acceptable to-the supervisor. This evidence may be required on the first working day the employee returns to work. The supervisor or Department Head may ask for medical evidence of illness for any use of sick leave if the request for evidence is made to the employee prior to his or her returning to work following the illness, or if the supervisor has a suspicion of sick leave abuse.
3. If a sick leave circumstance requires an employee to be away from work for a period beyond the individual' s accumulated sick leave, then the time away from work may be taken as vacation time or compensatory time if either is available. When all paid leave is exhausted, leave without pay may be given.
4. Upon return to duty after use of sick leave, the employee shall complete a leave form to be signed by the Department Head and forwarded to the Payroll office.
5. Any employee who is absent from work for a period of three (3) consecutive work days without notifying his or her supervisor shall be separated from employment with the City. This separation shall be defined as a voluntary resignation and as such shall not be subject to the appeal grievance process.
D. Sick Leave Conversion
1. Employees eligible to accumulate sick leave may at the end of each calendar year convert some of the unused sick leave accumulated during each calendar year to vacation leave provided:
a. A full- time employee has an accumulated balance of unused sick leave of more than ninety-six (96) hours; conversion does not reduce unused sick leave hours below ninety- six ( 96) hours; and the employee has not used more than forty (40) hours of sick leave during the prior calendar year. A maximum of forty (40) hours of sick leave may be converted, but will be reduced hour for hour by sick leave used by the employee during the calendar year. If an employee uses forty (40) or more hours of sick leave during the year, no sick leave may be converted.
b. A part-time employee has an accumulated balance of unused sick leave of more than seventy two ( 72) hours; conversion does not reduce unused sick leave hours below seventy two ( 72) hours; and the employee has not used more than thirty ( 30) hours of sick leave during the calendar year. A maximum of thirty ( 30) hours of sick leave may be converted, but will be reduced hour for hour by sick leave used by the employee during the calendar year. If a part- time employee uses thirty I 36
74 30) or more hours of sick leave during the year, no sick leave may be converted.
2. Once an employee has met the criteria for his or her particular category of employment, the sick leave conversion will automatically take place and the employee will be able to notice the additional vacation hours on his/ her check stub or other record. Any sick leave converted shall be added to accrued vacation and be governed by the vacation accrual limits and usage rules. Conversion of sick leave shall be done after the last pay period of each calendar year.
E. Abuse of Sick Leave
Use of sick leave without legitimate medical need is sick leave abuse which will be cause for discipline in accordance with disciplinary procedures.
F. Dealing with Sick Leave upon Termination of Employment An employee leaving City employment for any reason will not receive or be compensated for unused sick leave.
G. Sick Leave Use and Other Income Benefits
1. Workers Compensation
Sick Leave should not be used for work shifts or days missed during periods of work related injury or illness except to compensate for time not covered by workers compensation insurance. When the injury is reported, the employee shall also declare to the Human Resources Department his/ her intent to:
a. Take the workers compensation benefits received in which event the City shall reduce the bi- weekly pay check by the amount of workers compensation benefits accrued ( generally two-thirds of regular wages).
The employee may use sick leave for the time not reimbursed by workers compensation; or
b. Immediately release all workers compensation benefits received to the City. By doing so the employee may use sick leave to cover the entire period of work missed due to a work related injury or illness. At the time the workers compensation benefits are returned to the City, the appropriate amount of sick leave taken will be reinstated to the employee' s accrual. If the employee fails to return the workers compensation benefits to the City, the City may reduce the employee' s pay check by deduction to compensate the City for the value of the workers compensation benefits. In addition the employee may forfeit the sick leave used.
c. Leave related to workers compensation injuries such as worker' s compensation hearings and post injury health care provider' s visits, may be compensated to the employee through administrative leave if approved by the Director of fttlm n
a Q eesHuman
ResourcesDirector of Human Resources, or designee.
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75 2. Disability Insurance
Sick leave may be used in conjunction with disability benefits in order to receive 100% of an employee' s
salary during disability. It is the
responsibility of the employee to make sure sick leave use is recorded and documented with the Finance Department when used in conjunction with disability leave.
3. Other
Sick leave use must be coordinated with other benefits as outlined in this Rule.
8.3 Family and Medical Leave Under Federal and State Law ( FMLA and CFRA) Section 8. 3 ( Family and Medical Leave under Federal and State Law ( FMLA and CFRA)) applies to all employees of the City who meet the eligibility requirements as set forth in the policy.
A. The Leave Policy.
The City provides family and medical leave for eligible employees as required by state and federal law. For those reasons, these Rules may change from time to time if required by state or federal law.
Under the federal Family and Medical Leave Act (" FMLA") and the California Family Rights Act (" CFRA"), eligible employees may take up to twelve ( 12) weeks of unpaid Family and Medical Leave within any rolling twelve ( 12) month period and be restored to the same or a comparable position upon the employee' s return from leave provided the employee has worked for the City for at least twelve ( 12) months, and for at least 1, 250 hours in the preceding twelve ( 12) months. The 1, 250 hours worked during the previous twelve ( 12) months of employment need not be consecutive.
The City of Lathrop measures its twelve ( 12) month period as follows: a rolling twelve ( 12) month period measured backward from the date leave is taken and continuous with each additional leave day taken. Unless otherwise provided in this Rule 8. 3, " leave" under this Rule shall mean leave under the FMLA and CFRA.
NOTE: See special provisions for Military Family Leave below in Rule 8. 3 C.
B. Reasons for Leave.
An employee may take Family and Medical Leave for any of the following reasons:
1. The birth of a child and to care for such child;
2. The placement of a child with the employee for adoption or foster care and to care for the newly- placed child;
3. To care for a spouse, domestic partner, child, or parent ("covered relation") with a serious health condition;
I 38
76 4. Because of the employee' s own serious health condition that renders the employee unable to perform an essential function of his or her position;
5. Leave under the FMLA to care for an injured military service member who is a spouse, son, daughter, or parent, " next of kin" and has a serious health condition or illness suffered in the line of duty in the Armed Forces; or Leave because of reasons " 1" or " 2" must be completed within the twelve ( 12) month period beginning on the date of birth, adoption, or placement.
C. Military Family Leave.
Section 585( a) of the National Defenses Authorization Act amends the FMLA to provide military family leave entitlements.
1. Military Caregiver Leave ( also known as Covered Servicemember Leave):
Eligible employees who are family members of covered servicemembers may take up to 26 work weeks of leave in a " single 12- month period" to care for a covered servicemember with a serious illness or injury incurred in the line of duty on active duty. This is a special provision that extends the FMLA job- protected leave beyond the normal 12 weeks of FMLA leave. This provision also extends FMLA protection to additional family members defined as " next of kin") beyond those who may take FMLA leave for other qualifying reasons.
2. Qualifying Exigency Leave: The normal 12 work weeks of FMLA jobprotected leave is available for eligible employees with a covered military member servicing in the National Guard or Reserves to use for " any qualifying exigency" arising out of the fact that a covered military member is on active duty or called to active duty status in support of contingency operation. " Qualifying exigency" under this provision includes a number of broad categories for which employees can use FMLA Leave:
a. Short notice deployment;
b. Military events and related activities;
c. Childcare and school activities;
d. Financial and legal arrangements;
e. Counseling;
f. Rest and Recuperation;
g. Post- deployment activities; and
h. Additional activities not encompassed in the other categories, but agreed to by the employer and employee.
Department of Labor certification forms will be used by the City to facilitate certification requirements for the use of Military Family Leave.
D. Notice of Leave.
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If an eligible employee' s need for Family and Medical Leave is foreseeable, the I
employee must give the Director of minic+ ro i io co,,,;,.o Human ResourcesDirector of Human Resources, or designee, at least thirty ( 30) days prior notice of the need for leave, preferably in writing.
If this is not possible, the employee must at least give notice as soon as practicable ( generally within one ( 1) to two (2) business days of learning of the need for leave). Failure to provide such notice may be grounds for delay of leave. Additionally, if an employee is planning a medical treatment, the I
employee should consult with the Director of ° m c,^ cHuman ResourcesDirector of Human Resources, or designee, first regarding the dates of such treatment. Where the need for leave is not foreseeable, the employee should notify the City as soon as possible and practical.
E. Medical Certification.
If an employee is requesting leave because of his or her own or a covered relation' s serious health condition, the employee must provide appropriate medical certification from the relevant health care provider within fifteen ( 15) calendar days after the request for leave, if practical. The employee may obtain medical certification forms from the Human Resources Office. If the employee provides at least thirty ( 30) days notice, the employee should provide the medical certification before leave begins. Failure to provide requested medical certification in a timely manner may be grounds for delay of leave.
The City, at its expense, may require an examination by a second health care provider designated by the City, if it reasonably doubts the medical certification the employee initially provides for his or her own serious health condition. If the second health care provider' s opinion conflicts with the original medical certification, the City, at its expense, may retain a third, mutually agreeable, health care provider to conduct an examination and provide a final and binding opinion.
The City may require subsequent medical recertification at the expiration of an employee's previous certification or if the employee requests an extension.
Failure to provide requested recertification within fifteen ( 15) days, if such is practical, may result in delay of further leave until it is provided.
F. Reporting While on Leave.
If an employee takes leave because of his or her own serious health condition or to care for a covered family relation, the employee must contact the Director I of , Y,.,..,,++;,, o co,,,,,, o Human ResourcesDirector of Human Resources, or designee, as directed regarding the status of the condition and of the intention to return to work. In addition, the employee must give notice as soon as practicable ( within two business days if feasible) if the dates of leave change or are extended or initially were unknown.
G. Leave is Unpaid.
Family and Medical Leave is unpaid leave [ although an employee may be eligible for short or long- term disability payments and/ or workers compensation I 40
78 benefits under those insurance plans]. An employee may elect to substitute any accrued paid time off such as vacation or sick leave for unpaid Family and Medical Leave.
The City will require that the employee substitute any accrued vacation time for unpaid Family and Medical Leave for his or her own serious health condition other than pregnancy, childbirth, or a related medical condition, for the serious health condition of a covered family member, or for " bonding" leave. The City also will require that an employee substitute accrued sick leave for unpaid Family and Medical Leave for an employee' s own serious health condition caused by pregnancy, childbirth, or related medical conditions.
The substitution of paid leave time for unpaid leave time does not extend the maximum 12- week leave period. Further, in no case may the substitution of paid leave time for unpaid leave time result in an employee receiving more than 100% of his or her salary.
H. Medical and Other Benefits.
For the first twelve ( 12) weeks of an approved Family and Medical Leave, the City will maintain the employee' s health benefits as if the employee continued to be actively employed. If an employee takes a leave for disability caused by pregnancy, childbirth, or a related medical condition and follows that leave with bonding" leave to care for the newborn child, the leave may exceed twelve 12) weeks, but the City will only pay for medical benefits for the first twelve 12) weeks of leave. If paid leave is substituted for unpaid Family and Medical Leave, the City will deduct the employee' s portion of the health plan premium as a regular payroll deduction. If the leave is unpaid, the employee must pay his or her portion of the premium as directed by the City. Health care coverage will cease if his/ her premium payment is more than thirty ( 30) days late. If payment is more than thirty ( 30) days late, the City will send the employee a letter to this effect. If the City does not receive the co- payment within fifteen 15) days of that letter, coverage may cease. If the employee elects not to return to work for at least thirty ( 30) calendar days at the end of the leave period, the employee may be required to reimburse the City for the cost of the health benefit premiums paid by the City for maintaining coverage during the unpaid leave, unless the employee cannot return to work because of a serious health condition or other circumstances beyond his/ her control.
I. Employment Status During Unpaid FMLA/ CFRA.
An employee who is on an approved FMLA/ CFRA absence will retain his or her employment status with the City during the period of FMLA/ CFRA leave. An unpaid FMLA/ CFRA leave period will not be credited as service hours for seniority ( i. e., employees are not entitled to accrue any additional benefits or seniority during an unpaid FMLA/CFRA leave, but will not lose any benefits or seniority accrued prior to the leave.
Eligible employees who commence a FMLA/CFRA leave while on probation shall have their probationary period extended. In addition, performance I
41 79
reviews or evaluations may be delayed if the time period for the review was extended by a FMLA/ CFRA leave.
Salary step increases which are based on length of service and performance will be delayed for any employee on an unpaid FMLA/ CFRA leave. Shift preferences may also be delayed when related to an FMLA leave.
Salary increases resulting from the collective bargaining process will not be affected by FMLA/ CFRA leave.
J. Exemption for Highly- Compensated Employees.
Highly- compensated employees ( i. e., highest paid 10% of salaried employees) may not be returned to their former or equivalent position following a leave if restoration of employment will cause substantial and grievous economic injury to the City. This fact- specific determination will be made by the City on a caseby- case basis. The City will notify such employee if he or she qualifies as a highly- compensated" employee, if the City intends to deny reinstatement, and of the employee' s rights in such instances.
K. Intermittent and Reduced Schedule Leave.
Leave because of a serious health condition, including pregnancy- related disabilities, may be taken intermittently ( in separate blocks of time due to a single health condition) or on a reduced- leave schedule ( reducing the usual number of hours the employee works per workweek or workday) if inedically necessary. Employees are required to give the City reasonable notice of the need to take intermittent or reduced schedule leave. Employees also may be eligible for intermittent leave for birth or placement of a child.
If leave is unpaid, the City will reduce the salary based on the amount of time actually worked. In addition, while on an intermittent or reduced leave schedule, the City may temporarily transfer an employee to an available alternative position that better accommodates the recurring leave and has equivalent pay and benefits.
L. Returning from Leave.
If an employee takes leave because of his or her own serious health condition except if taking intermittent leave), the employee is required to provide medical certification that he or she is fit to resume work. Employees may obtain returnto-work medical certification forms from the Human Resources Office. An employee failing to provide the return- to work medical certification form will not be permitted to resume work until it is provided.
Under most circumstances, an employee who returns from a Family and Medical Leave will be reinstated to his or her original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions.
However, an employee has no greater right to reinstatement than if she or he had been continuously employed rather than on leave. In addition, employees who do not return to work are not entitled to an accrual of seniority or employment benefits that may have occurred during a leave period.
I
42 80
M. No Work While on Leave.
The taking of another job while on Family and Medical Leave or any other authorized leave of absence may be considered as voluntary resignation.
N. Definitions.
For the purposes of this rule, the following definitions apply:
Child" includes biological, adopted, foster children, step-children, legal wards, and other persons for whom the employee acts in the capacity of a parent and who is either under 18 years of age or over 18 year of age but incapable of caring for himself or herself because of a physical or mental disability.
Continuing treatment" means: ( 1) two or more treatments by a health care provider; ( 2) two or more treatments by a provider of health care services ( e. g., physical therapist) on referral by or under orders of a health care provider; ( 3) at least one treatment by a health care provider that results in a regimen of continuing treatment under the supervision of the health care provider ( e. g., a program of inedication or therapy); or (4) under the supervision of, although not actively treated by, a health care provider for a serious long-term or chronic condition or disability which can not be cured ( e. g., Alzheimer's or severe stroke).
Domestic Partner" means: two adults who have established a domestic partnership in accordance with the requirements of California law, Family Code Sections 297 and 299. 2 and shall have the same meaning as " spouse" for purposes of CFRA leave.
Health care provider" means: ( 1) an MD or OD licensed by the state ( or country) in which he or she practices; ( 2) podiatrists, dentists, clinical psychologists, optometrists, or chiropractors ( limited treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X- ray to exist) authorized to practice under the state law; ( 3) nurse practitioners and nurse- midwives authorized under state law; ( 4) Christian Science practitioners; ( 5) certified social workers; ( 6) a health care provider who practices in a foreign country in accordance with the laws of that country and; 7) any other health care provider from whom the employer or the employee' s group health plan benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.
Needed to care for" a covered relation encompasses: ( 1) physical and psychological care of a child, spouse, domestic partner, or parent with a serious health condition; and ( 2) where the employee is needed to fill in for others providing care or to arrange for third party care of a child, spouse, domestic partner, or parent who is receiving inpatient or home care.
Parent" includes biological, foster, adoptive, step- parents, or a legal guardian or other person who stood in loco parentis to the employee when the employee was a child, but does not include parents- in- law.
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81 Serious Health Condition" means an illness, injury, impairment, or physical or mental condition that involves:
1. " Inpatient care," meaning an overnight stay in a hospital, hospice, or residential care facility, including any period of " incapacity" or any subsequent " treatment" in connection with such inpatient care; or
2. " Continuing treatment" by a " health care provider," meaning an incapacity of more than three consecutive calendar days; and ( a) two or more treatments by a health care provider, by a nurse or physician' s assistant under direct supervision of a health care provider, or by a provider of health care services ( e. g., physical therapist) under orders or referral of a health care provider; or one treatment by a health care provider which results in a regimen of continuing treatment" under the supervision of the health care provider ( e. g., prescription medication); or ( b) Only under the FMLA, serious health condition means any period of incapacity because of pregnancy or prenatal care ( even without treatment by a health care provider during the absence and even if the absence is less than three days e. g., morning sickness); or ( c) any period of incapacity because of a chronic serious condition" ( even without treatment by a health care provider during the absence and even if the absence is less than three days e. g., asthma attack, migraine headaches, etc.); or ( d) any period of absence to receive multiple treatments by health care providers or provider of health care services ( under order or referral of a health care provider) for reconstructive surgery after an accident, injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days if untreated ( e. g., cancer ( chemotherapy), severe arthritis physical therapy), or kidney disease ( dialysis)).
Spouse" means a partner in marriage as defined in California Family Code section 300.
Unable to perform the functions of his or herjob" means an employee is: ( 1) unable to work at all; or (2) unable to perform any one of the essential functions of his or her position at the time notice is given or leave commenced, whichever is earlier. The term " essential functions" is borrowed from the Americans with Disabilities Act (" ADA") and state disability discrimination laws to mean " the fundamental job duties of the employment position," but does not include the marginal functions of the position.
8.4 Pregnancy Disability Leave and the FMLA/ CFRA Entitlement Section 8. 4 ( Pregnancy Disability Leave and the FMLA/ CFRA Entitlement) applies to all employees of the City who meet the eligibility requirements as set forth in the policy.
The Federal FMLA statute considers pregnancy to be a disability. The California CFRA statute does not consider pregnancy to be a disability since there is already another California law, Pregnancy Disability Leave ( PDL), which addresses this 44 82
issue. Reading each of these laws individually, it must be remembered that the employee will always enjoy the greatest benefit that each law provides.
Under California law, Pregnancy Disability Leave ( PDL) provides special protection for women with pregnancy related disabilities. This law allows an employee who is disabled by virtue of a pregnancy related disability to take up to four ( 4) months off work due to her disability. This benefit is only permitted during the period that the employee is actually disabled as documented by the treating physician. Following the period of disability, the employee would be eligible to take an additional twelve ( 12) weeks off work under the CFRA statute. CFRA basically provides an opportunity to " bond" with the newborn. Under these conditions, an employee could potentially remain off work for a maximum of up to four (4) months Pregnancy Disability Leave) and an additional 12 weeks ( CFRA bonding leave).
Again, remember that there cannot be any overlap between PDL and CFRA leave for pregnancy related disabilities. PDL is based on the existence of a medical disability associated with the pregnancy while CFRA is a bonding leave.
Eligibility for PDL leave commences with the date of employment. Unlike the FMLA/ CFRA, there is no eligibility requirements pertaining to the one year period of service or minimum number of hours worked.
Due to the fact that the Federal FMLA does consider pregnancy to be a disability, there will be an overlap with the PDL and FMLA leaves. The following example is an illustration of the interaction between these leaves: An eligible employee is disabled due to pregnancy for eight weeks. During this eight week period, she will be covered by both the provisions of the PDL and FMLA. She now decides to take an additional six weeks to " bond" with her newborn. Since the FMLA is both a disability and a bonding leave, the employee will exhaust the remaining for weeks of her FMLA entitlement. Concurrent with the remaining four weeks of FMLA, the employee will also use four weeks of her CFRA leave entitlement.
The law requires the City to pay its share of the employee' s health insurance premium for a maximum of twelve ( 12) weeks. This will apply regardless of whether the leave is designated as FMLA, CFRA, or PDL. If an employee wishes to continue with her health insurance coverage beyond the twelve ( 12) week period, the employee must pay the City' s normal portion of the premium.
FMLA/ CFRA " bonding" time must be taken within one year of the birth of the child or placement of an adopted/ foster child. Both male and female employees are entitled to FMLA/ CFRA time off work to bond with a newborn or newly placed adopted/ foster child as long as FMLA/ CFRA time has not been previously exhausted.
8.5 Leave to Visit Child' s School or Day Care Facility Section 8. 5 ( Leave to Visit Child' s School or Day Care Facility) applies to all employees of the City who meet the eligibility requirements as set forth in the policy.
The City shall permit a City employee who is a parent, guardian, or grandparent having custody of one or more children in kindergarten or grades 1 to 12, inclusive, I
45 83
or attending a licensed child care facility to take up to 40 hours each year, not exceeding eight hours in a calendar month to participate in activities of the school or child care facility. The employee is required to give reasonable notice of the planned absence. In the event both parents work for the City at the same worksite, only the parent who gives first notice to the City shall be entitled to take leave. The other parent may take leave only if approved by the City.
An employee shall utilize existing vacation or compensatory time off for this leave.
If vacation and compensatory time leave are not available, the employee shall take leave without pay. Under California law, the right for leave under this section may not be diminished by an MOU befinreen the City and the employee union.
8. 6 Military Leave
An employee on official military duty under orders may take military leave, as required by California State Law or an applicable federal law. The City will pay any differential in salary for working/ holiday hours missed while on military duty, provided the military rate of pay is less than the employee's City rate of pay.
I8.7
C' r' Bereavement Leave
Regular full-time employees who suffer a death in their immediate family, as I
defined in this section, may be allowed up to 5 days of bereavement leave.
Employees are provided three work days of scheduled
leave with pay, at his/her request for bereavement, or to attend the funeral of a member of the immediate family. In the event that out-of-state travel is necessary, employees may be allowed five ( 5) scheduled work days for each occurrence.
This leave shall not be charged against sick or accrued vacation leave, but shall be counted as additional paid time away from work. In addition, employees may use an additional two days of accrued sick leave, vacation leave, or compensatory time for bereavement or the funeral of an immediate family member. Employees will be paid only
for days and hours they were scheduled to work. Leave shall be used within three 3) months 39 of the death of an immediate familv member.
For purposes of this Rule only, the term immediate family includes:
spouse/domestic partner, child, parent, sibling, grandparent, great grandparent, grandchild, or step or foster derivative of the abovel or of the employee' s spouse/ domenstic partner' s, mother, father, brother- in- law or sister- in- law, or any permanent resident in the employee' s personal
household.
Part- time emplovees are excluded from receivinq paid Bereavement Leave but mav use accrued sick leave for a bereavement occurrence pursuant to the City' s Bereavement Policv.
8.8 Jury Duty
Any employee summoned for jury duty shall receive compensation at their regular rate for those days missed. Any amount received for jury duty pay must be returned to the City. An employee may elect to take compensatory time to perform jury duty and keep the court fees received. If any employee is subpoenaed to court on a 46 84
personal matter, any time away from work during regularly scheduled working hours shall be compensatory time, vacation time, or leave without pay. Court pay for mileage shall be retained by the employee.
8.9 Leave for Crime Victims
Section 8. 9 ( Leave for crime victims) applies to all employees of the City who meet the eligibility requirements as set forth in the policy.
A. Employees who have been victims of serious or violent felonies, as specified under California law, or felonies related to theft or embezzlement, may take time off work to attend judicial proceedings related to the crime. Employees also may take time off if an immediate family member has been a victim of such crimes and the employee needs to attend judicial proceedings related to the crime. " Immediate family member" under this Rule is defined as spouse, registered domestic partner, child, child of registered domestic partner, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather.
B. Employees must give the Human Resources Department a copy of the court notice given to the victim of each scheduled proceeding before taking time off, unless advance notice to the City of the need for time off is not feasible. When advance notice is not feasible, the employee must provide the city with documentation evidencing the judicial proceeding, within a reasonable time after the absence. The documentation may be from the court or government agency setting the hearing, the district attorney or prosecuting attorney' s office, or the victim/ witness office that is advocating on behalf of the victim.
C. Employees may elect to use accrued paid vacation time, paid sick leave time, or other paid time off for the absence. If the employee does not elect to use paid time off, the absence will be unpaid. However, exempt employees will be paid their full salary for any workweek interrupted by the need for time off under this policy.
D. Victims of domestic violence or sexual assault may take time off work to obtain help from a court, seek medical attention, obtain services from an appropriate shelter, program, or crisis center, obtain psychological counseling, or participate in safety planning, such as permanent or temporary relocation. The City may require proof of an employee' s participation in these activities.
1. Whenever possible the employee must provide his or her supervisor reasonable notice before taking any time off under this Rule. The employee may use any accrued vacation or compensatory time off for the leave under this Rule.
2. Leave under this policy does not extend the time allowable under the Family and Medical Leave Act" as set forth in Rule 8. 3.
3. When an unscheduled absence under this Rule 8. 9 D occurs, the City may not take action against the employee if the employee, within a reasonable time after the absence, provides certification in the form of a police report; court order of other evidence that the employee appeared in court; or I 47
85 documentation from a professional, domestic violence advocate or advocate for victims of sexual assault, health care provided, or counselor that the employee was undergoing treatment for physical or mental injuries from an act of violence or sexual assault.
4. To the extent allowed by law, the City shall maintain the confidentiality of any employee requesting leave under Rule 8. 9 D.
8. 10 Administrative Leave
A. The City shall have the right to place an employee on leave at any time with full pay.
B. When a circumstance arises which may warrant granting administrative leave, I
the Department Head will consult with the Director of m;^;+ r,+,,, o SHuman ResourcesDirector of Human Resources, or designee, and obtain approval from the City Manager.
C. Administrative Leave shall be documented and approved by use of the standard Personnel Leave Form.
8. 11 Leave Without Pay
A. In addition to any statutory leaves without pay provided for by law ( e. g., FMLA and CFRA leave), any employee may be granted leave without pay for up to one month with the approval of the Department Head. Any leave without pay in excess of one month must be approved in advance by the City Manager. The employee must make a written request to the Department Head stating the reasons why he/ she needs to be granted the leave without pay. The Department Head shall either approve or disapprove of the employee' s request upon the grounds of whether or not the request will benefit both the City and the employee.
B. During any leave without pay exceeding one full pay period, except for suspensions because of discipline, the employee will be responsible for the payment of premiums for health, life, and disability insurance benefits and sick leave and vacation time will not be earned.
C. All leave shall be approved by submitting a completed leave form to the Department Head for approval.
D. Leave without pay shall only be granted when all other eligible leave has been exhausted.
8. 12 Management Leave
A. Exempt employees; who are ineligible for overtime pay, are given # n} 9one hundered ( 100} hours of management leave each calendar year with the exception of the Assistant City Manager, City Engineer, E:++" and Department Directors, all of whom are given one hundred twenty ( 120) hours of management leave each calendar year_ ^+ +, o e,,,.,,,.,+;., n nn,,, no d^ lT(` i
vTVT i nTc,,"- rfrvi''- r& 6— e n rr i A o r o rr o r
R n n n RTn
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86 D rLc S2. Q
Tpo+i ont 12. Drnnr m A r oiro o cni l flic4rinic
This leave shall be prorated at the time of hire for new employees.
B. Exempt employees, shall accrue manaqement leave ( 25- 30 hours based on classification per quarter in January, April, July and October. This leave shall be prorated at the time of hire for new emplo ees. This provision does not applv to contracted employees.
G_ Management leave not used by December 31 st of each year will be converted to vacation time.
D. _ Scheduling of management leave shall be done in the same manner as vacation scheduling, as outlined in Rule 7. 2.
RULE 9: RULES OF CONDUCT; DISCIPLINE
The procedures set forth in this Rule 9 are not applicable to Assistants to the City Manager, Department Heads, other At- Will employees ( including seasonal and temporary employees), and probationary employees.
9. 1 Employee Conduct Guidelines
A. Introduction
City employees are expected to observe certain standards of job performance and conduct. When job performance or conduct do not meet City' s standards, City will endeavor, when in its sole discretion it deems appropriate, to provide employees with a reasonable opportunity to correct the deficiency. If, however, the employee fails to make the correction, or if the misconduct is severe or serious in nature, he or she will be subject to discipline, including termination.
The rules set forth in this Rule supplement are intended to provide employees with fair notice of what is expected of them. It is not possible, however, to provide an exhaustive list of all types of impermissible conduct and performance. Therefore, employees should be aware that conduct not specifically listed below, but which adversely affect or is otherwise detrimental to the interests of the City or other employees may also result in disciplinary action, including termination.
B. Job Performance
Employees may be subjected to discipline, including termination, for poor job performance, including but not limited to the following:
1. Unsatisfactory work quality or quantity;
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87 2. Excessive absenteeism, tardiness, or abuse of break and lunch privileges;
3. Failure to follow instructions or City procedures; or
4. Failure to follow established safety regulations.
C. Misconduct
Employees may be subject to discipline, including termination, for violating the following:
1. Violation of any City ordinance, resolution, or the provisions of these Rules and Regulations, Administrative Manual provisions, or departmental rules and regulations.
2. Falsifying or making a material omission on an employment application or any other City record.
3. Inexcusable neglect of duty.
4. Insubordination, including improper conduct toward a supervisor or refusal to perform tasks assigned by a supervisor in an appropriate manner.
5. Dishonesty.
6. Purchasing, possessing, using, selling, or being under the influence of alcohol or illegal drugs while on duty.
7. Working under the influence of an over the counter drug or prescribed medication that impairs the employee' s ability to safely and efficiently perform the duties of his or her position.
8. Unlawful harassment as defined in Rule 2 of these Rules and Regulations.
9. Unlawful use, distribution, sale, or possession of illegal drugs while on duty or while operating a City vehicle.
10. Discourteous or harassing treatment of the public or other employees.
11. Improper political activity as defined by State Law.
12. Violation of safety procedures.
13. Failure to immediately report work- related accidents to supervisor.
14. Misuse, abuse, and damage of City facilities, property, vehicles and equipment.
15. Theft of City facilities, property, vehicles and equipment
16. Refusal to take or subscribe to any oath of affirmation which is required by law in connection
17. Conviction of a felony, or conviction of a misdemeanor, involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be conviction within the meaning of this section. so
88 18. Any other act which a Department Head or the City Manager deems a violation of City conduct standards.
D. Attendance
In addition to the general rules stated above, employees may be subject to discipline, including termination, for failing to observe attendance rules such as the following:
1. Reporting to work on time, observing the time limits for rest and lunch periods, and a failure to obtain approval to leave work early.
2. Notifying the supervisor in advance of anticipated tardiness or absence.
3. Unauthorized leave.
9.2 Employee Discipline
A. Types of Discipline
The type and degree of discipline imposed shall be determined based on the nature and severity of the employee conduct. While the City' s goal is to provide progressive discipline, the nature and severity of the employee conduct may not warrant progressive discipline.
The type of discipline to be used includes, but is not limited to:
1 . Counseling
2. Verbal Warning
3. Counseling or Warning Letter
4. Imposition of Review Period
5. Performance Salary Reduction
6. Suspension
7. Demotion
8. Termination
B. Procedures for Disciplinary Action.
The following procedure shall be applicable to regular full- time and part- time employees; provided the part-time employees work thirty ( 30) or more hours per week. The following procedure shall be used for disciplinary actions regarding performance salary reduction, suspension, demotion, and termination of an employee.
1. Employee shall be served with a Notice of Intended Disciplinary Action Notice).
2. The Notice of proposed discipline shall include:
a. A statement of the nature of the proposed action.
I
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b. A statement of the reasons for the proposed action, including the specific acts or omissions giving rise to the proposed action.
c. A copy of any documents or other written materials upon which the disciplinary action was fully or in part based.
d. A statement advising the employee of his/ her right to appeal such action and the right to union representation.
e. The date, time and location of the Skelly Response meeting, and the name of the Skelly Officer.
3. In those extraordinary circumstances wherein the City Manager determines immediate disciplinary action is necessary as a result of accusations involving misappropriation of public funds or property, or action which would constitute a felony or misdemeanor involving moral turpitude, or where the employee' s presence on the job is deemed to be a threat to the safety of other employees or members of the public, the City Manager may place the employee on paid administrative leave while proceeding with the procedures for disciplinary action.
4. Skelly Meeting —the employee shall have the right to respond informally to the charges verbally, in writing, or both, before the discipline is imposed.
The employee shall have ten ( 10) calendar days from receipt of the notice within which to respond to the charges. The employee may request a reasonable extension of time to respond for justifiable reasons. The City Representative hearing the response, the Skelly Officer, shall render a final written decision within ten ( 10) calendar days of receiving the employee' s response. The Skelly Officer may sustain, modify or overturn the recommended disciplinary action. The Skelly response will be delivered to the employee in person, via registered mail or overnight delivery. If the Skelly Officer sustains or modifies the disciplinary action, the action may be imposed after the post-Skelly decision is delivered to the employee.
5. Appeal — the employee shall have the right to appeal the disciplinary action within ten ( 10) days of receiving the post-Skelly disciplinary decision as follows:
a. Step 1 — meet with Department Head or if Department Head served as Skelly Officer, then employee may send appeal to the City Manager.
The appeal shall be in writing and describe why the employee believes the disciplinary action taken was not appropriate. The response to the appeal will be provided to the employee within ten ( 10) calendar days. b. Step 2 — If not satisfied with the result of Step 1 above, the employee may provide the written appeal to the City Manager for review. The City Manager' s written response will be provided to the employee within ten 10) calendar days.
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90 c. Step 3 — If the employee is not satisfied with the results of Step 2, the employee may request binding arbitration/ an appeal hearing. The written request shall be submitted to the City Manager within ten ( 10) calendar days of receiving the City Manager' s response to the appeal.
6. An appeal of the Order of Disciplinary Action shall be heard by an independent hearing officer. The City Manager or designee shall request a list of neutrals from the State Mediation and Conciliation Service. Such list shall be requested within five working days of receipt of an employee' s appeal demanding a hearing. The City Manager or designee, and the employee, or the employee' s authorized representative shall meet not later than three working days after receipt of the list and select the hearing officer utilizing the alternate strike method. The party striking first shall be determined by the toss of a coin. Should the person selected as the hearing officer be unavailable to commence the hearing process within ninety (90) days of this selection, the parties shall request another name from the State Mediation and Conciliation Service and shall proceed again through the list as provided above unless the parties agree to a later date for the hearing using the selected arbitrator/hearing officer.
7. The Arbitrator/ Hearing Officer shall regulate the conduct of the hearing process. The Arbitrator/ Hearing Officer shall set the date, time and place of the hearing, which place shall be on City premises, and shall, by certified United States mail, postage prepaid, give not less than ten ( 10) days' notice of such date, time and place to the appellant, or his or her other designated I
representative, the City Manager and the Director of
Human ResourcesDirector of Human Resources, or designee.
The hearing shall be recorded by a court reporter or electronic process.
Oral evidence may be heard only on oath or affirmation. The Arbitrator/ Hearing Officer shall, within thirty (30) calendar days of the close I
of the hearing, file with the Director of m;^;++;., o con,;,. o Human ResourcesDirector of Human Resources, or designee, the decision affirming, modifying, or revoking the Order, and his or her findings and decision to the appellant and to the City Manager.
8. The decision of the Arbitrator/Hearing Officer shall be final for all purposes unless an action or proceeding is commenced in a court of competent jurisdiction to determine the validity of the decision within thirty (30) calendar days of the date of mailing of the notice of decision to the appellant and the City Manager.
9. Employee' s failure to respond or file an appeal within any specified time period in section 9. 2 shall terminate the right to a hearing and the Order shall be deemed final.
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91 9.3 Grievance Procedures
A. Purpose
Grievance procedures for employees are provided herein:
1. To promote improved employer- employee relations.
2. To afford employees individually a systematic means of obtaining further consideration of problems after every other reasonable effort has failed to resolve them through discussions.
3. To provide that grievances shall be settled as near as possible to the point of origin.
4. To provide that grievances shall be resolved as informally as possible.
B. Matters Subject To Grievance Procedures
An employee shall have the right to submit a written grievance regarding a claimed violation of these Rules and Regulations. The grievance process shall not be applicable to employee discipline, to employee evaluations, or any disputes resolved through another City process.
C. Employee Rights
1 . The employee may request the assistance of another person in preparing and presenting a grievance at any level of review.
2. A reasonable amount of time during work hours to prepare the grievance.
3. Freedom from reprisal for using the grievance procedures.
4. The right to call other employees as witnesses.
D. Informal Grievance Procedure
1. An employee should first attempt to resolve a grievance or complaint through discussion with his/ her immediate supervisor without undue delay but within ten ( 10) calendar days of the issue or the employee' s first awareness of the issue. If, after such discussion, the employee does not believe the problem has been satisfactorily resolved, he/ she shall have the right to discuss it with the supervisor' s immediate superior, if any without undue delay, but within ten ( 10) calendar days after initial supervisory discussion. Every effort should be made to find an acceptable solution by informal means at the most immediate level of supervision. If the employee is not in agreement with the decision reached through such discussion, he/ she shall have the right to file a formal grievance in writing within ten ( 10) calendar days after receiving the informal decision of his/ her supervisor. An informal grievance shall not be taken above the Department Head.
2. All informal grievances should be documented by the supervisor and any other supervisors involved.
E. Formal Grievance Procedure
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92 The following formal grievance procedure may be used after exhaustion of the informal grievance procedure:
1. Department Review.
a. The grievance shall be presented in writing to the employee' s Department Head who may discuss the grievance with the employee, employee representative, if any, and with other appropriate persons.
Said grievance must be submitted within thirty ( 30) calendar days after the employee receives the decision on the informal grievance. The grievance shall include the following information:
i. The specific section of the Rules and Regulations at issue; ii. Facts supporting the grievance including dates, times, documents, and witnesses; and
iii. The remedy sought.
b. The Department Head shall provide a written decision to the employee within fifteen ( 15) calendar days after receiving the grievance. c. If the employee does not agree with the decision reached, or if no answer has been received within fifteen ( 15) calendar days, the employee may present the grievance in writing to the City Manager. Any such grievance shall be presented within ten ( 10) calendar days after receipt of the Department Head decision.
d. Failure of the employee to take further action within ten ( 10) calendar days after receipt of the Department Head' s decision, or within a total of twenty five ( 25) calendar days if no decision is rendered, will constitute withdrawal of the grievance.
2. City Manager Review.
a. Upon receiving the grievance, the City Manager shall provide a written response to the employee within fifteen ( 15) calendar days. The City Manager may respond based on 1) a review of the grievance file, 2) a meeting with the employee, employee representative, if any, and with other appropriated persons; or both.
b. The City Manager shall render a decision in writing to the employee within twenty ( 20) calendar days after receiving the grievance. The decision of the City Manager is final.
3. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned.
9.4 Drug and Alcohol Use
A. The City recognizes the importance of maintaining a work place free from the use of drugs and alcohol. This section is intended as a guideline to recognize and prevent the use of drugs and alcohol in the work place. Use of these substances can detract from an employee' s work performance, efficiency, I
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safety, and health. In addition to such impairment, the use or possession of these substances on the job constitutes a potential danger to the welfare and safety of other employees and exposes the City to the risks of injury to other person or property loss or damage.
The use of prescription drugs and/ or over the counter drugs may also impair an employee' s job performance and may pose the type of danger or risks of injury referenced above.
B. Job Applicants
Applicants for City employment will be required to undergo a drug and alcohol test upon an offer of employment and prior to their final appointment. An applicant who refuses to consent to such testing will be denied employment and removed from any eligible list. An applicant with a positive test may be denied employment after review and consideration of all facts regarding the test.
C. Employee Actions and Conduct
1 . An employee shall inform his or her supervisor any time he or she is taking any prescription or over the counter drug which can, or will, according to label warnings or physician instructions, impair the employee' s ability to safely perform assigned duties, such as drugs causing drowsiness, restricted vision or restricted motor control if the employee is required to operate a vehicle or motor equipment on City business.
2. No employee shall report to work under the influence of alcohol or any drug that may cause impaired performance of duties or if the ability to perform assigned duties is significantly impaired. If there is a question, the Director I of n,,-., n;+ r+,,, o c
Human ResourcesDirector of Human Resources,
or designee, should be contacted for assistance to determine the risk or impairment.
3. No employee who is on- call or on duty shall consume alcohol or any drug which may impair ability to perform assigned duties.
4. A supervisor may have reasonable suspicion that an employee is unable to safely perform his or her assigned duties. If the supervisor determines the employee may be impaired, the supervisor shall take action to reassign the duties the employee can perform safely; send the employee home on sick leave or, if it is deemed necessary, Administrative Leave pending administrative review; or send the employee for a drug or alcohol screening test in accordance with Rule 9. 5 below.
5. Any employee who is called back to work during nonscheduled work hours and has recently consumed alcohol or drugs which impair the ability to safely perform shall inform the supervisor that he/ she is unable to safely respond and perform. The supervisor shall determine whether or not the employee should perform the duties.
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94 6. No employee shall operate any City vehicle, either on or off duty, or any other vehicle while on City business, while under the influence of alcohol or any drug.
D. Reasonable Cause
Reasonable cause shall exist when a supervisor observes specific behavioral, performance or contemporaneous physical indicators of being under the influence or drugs or alcohol on the job. Any of the following objective factors may constitute reasonable cause:
a. Incoherent or slurred speech, disorientation or inattention. b. Odor of alcohol on breath.
c. Staggering gait, disorientation or balance problem.
d. Red, watery eyes with dilated or constricted pupils. e. Dry mouth with frequent swallowing or lip wetting.
f. Hand tremors.
g. High energy, agitated, talkative, paranoid or bizarre behavior. h. Drowsiness or detachment from physical and/or emotional pain.
Cause is not reasonable and not a basis if it is based solely on the reports and observations of third parties. An incident report form must be completed by the supervisor documenting the grounds for reasonable cause.
E. Evaluation and Rehabilitation
1. Upon discovery of an employee who may be under the influence of drugs or alcohol or whose job performance is being impacted by drugs or alcohol, the following procedures should be followed:
a. The City may refer the employee to the City' s Employee Assistance Program ( EAP) for assessment or if reasonable suspicion is present under Rule 9. 4 B above may test the employee for drugs or alcohol in accordance with Rule 9. 5. The employee may designate a therapist acceptable to the City in lieu of the City's EAP referral to evaluate the employee and recommend an appropriate treatment.
b. No disciplinary action may be taken against employees who voluntarily identify themselves as drug users, prior to the time it is apparent their use has been detected and who obtain counseling and rehabilitation through the City' s Employee Assistance Program, and thereafter refrain from violating the City' s policy on drug and alcohol abuse. However, this provision shall not restrict the City from taking disciplinary action arising from other violations of City rules and standards or making job reassignments to reduce the risks of accident or injury that may result from the use of alcohol or drugs.
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c. If the employee agrees to medical treatment or rehabilitation, counseling, training, and/ or education, the employee may select an appropriate provider of treatment, subject to approval by the City. d. All medical records obtained by the City under this process and test results shall be maintained by the Human Resources Department and are deemed as confidential. The medical records shall only be used in any hearing or administrative review as legally permissible and to the extent necessary to fairly conduct the hearing or review. e. Failure to establish or comply with a program of therapy or corrective action may be considered insubordination and/ or grounds for disciplinary action, including termination.
9.5 Drug/ Alcohol Screening
A. Testing Procedures
1. The City may require a City employee to undergo drug and alcohol testing if there is reasonable cause by the supervisor or other management personnel that the employee is under the influence of drugs or alcohol during work hours. Reasonable cause is defined above in Section 9. 4 D.
2. A supervisor may upon reasonable cause and after consulting with the I
Department Head, Director of miniotro i io con,,,. o Human ResourcesDirector of Human Resources, or designee, or City Manager ask any on- duty employee to submit to an alcohol and drug screening test for the presence of alcohol or drugs. The employee shall be immediately informed of the supervisor's suspicions and advised that he or she may have a representative present. The delay in securing representation shall not exceed one hour from the time the employee is ordered to submit to the drug or alcohol test. The employee shall be permitted up to 15 minutes to confer with his or her representative upon arrival. The employee will be given an opportunity to provide an explanation for his or her condition such as fatigue, reaction to a prescribed drug, etc.
3. Before a drug and alcohol test is administered, employees and job applicants will be asked to sign a consent form authorizing the test and release of test results to those City officials with a need to know. The consent form shall provide space for employees and applicants to acknowledge that they have been notified of the City's drug testing policy and to indicate current or recent use of prescription and over-the- counter medication( s).
4. An employee who refuses to consent to a drug and alcohol screen test when reasonable suspicion of drug or alcohol use has been identified is subject to disciplinary action up to and including termination. The reasons for the refusal shall be considered in determining the appropriate disciplinary action. No disciplinary action shall be taken without first discussing the matter with the employee.
B. Confirmation of Test Results
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1. An employee or job applicant whose drug test yields a positive result shall be given a second test using a gas chromatography/ mass spectrometry GC/ MS) test. The second test shall use a portion of the same test sample withdrawn from the employee or applicant for use in the first test.
2. If the second test confirms the positive test result, the employee or applicant shall be notified of the results in writing by the appropriate department head.
The letter of notification shall identify the particular substance found and its concentration level.
3. An employee or applicant whose second test confirms the original positive test result, may, at the employee' s or applicant' s own expense, have a third test conducted on the same sample at a laboratory selected by the City.
C. Confidentiality of Test Results
All information from an employee's or applicant's drug and alcohol test is confidential and only those with a need to know are to be informed of test results. Disclosure of test results to any other person, agency or organization is prohibited unless written authorization is obtained from the employee or applicant or upon subpoena. The results of a positive drug test shall not be released until confirmed.
D. Laboratory Testing Requirements
All drug and alcohol testing of employees and applicants shall be conducted at medical facilities or laboratories selected by the City. To be considered as a testing site, a medical facility or lab must submit in writing a description of the procedures that will be used to maintain test samples. Factors to be considered by the City in selecting a testing facility include but are not limited to:
1. Collection and testing procedures which ensure privacy and accuracy;
2. Chain of custody procedures which ensure accuracy;
3. Procedure that ensure confidentiality of test results.
4. Methods of analysis which ensure reliable test results.
E. Second Confirmation Test
1. The applicant or employee may request a second confirmation test of the same sample and a review by the City within 24 hours of notification of the positive test results.
2. The cost of the second confirmation test must be paid in advance by the applicant or employee. If the test is negative, the City shall reimburse the applicant or employee for the cost of the test.
3. The second confirmation test will be performed by a medical facility or laboratory selected by the City and interpreted by a qualified physician of the City' s choice.
4. Consequences for Positive Test Results.
I 59
97 a. Applicants: Job applicants will be denied employment with the City if their initial positive test results have been confirmed. Applicants shall be informed in writing if they are rejected on the basis of a confirmed positive drug test result.
b. Employees: If an employee' s positive test result has been confirmed, the employee is subject to disciplinary action up to and including termination. If an employee' s positive test result has been confirmed, the employee is subject to disciplinary action up to and including termination. Factors to be considered in determining the appropriate disciplinary response include the employee' s work history, length of employment, current job performance, and the existence of past disciplinary actions. If termination is not selected as the appropriate course of action, a documented course of corrective action may be established. In addition, if the alcohol and drug screen test is positive, the employee may be referred to an EAP counselor to establish a course of therapy or arrange action to address the drug or alcohol abuse. A Return to Work/ Rehabilitation Agreement," to be approved by the City Manager and the City Attorney may be established between the employee and the City.
9.6 Acceptance of Gifts, Entertainment and Services
A. Acceptance of gifts, entertainment and services by City employees may give the appearance of impropriety to the public. For this reason, the City has adopted a policy of not allowing employees to accept gifts from the public. All City employees are expected to be aware of and follow this policy.
B. City of Lathrop employees may not accept gifts, entertainment and other services or benefits from any individual or company doing business with or seeking to do business with the City.
C. Exceptions are permitted only if all of the following conditions are met:
1. The gift; entertainment, or service is of nominal value. Nominal value shall be defined as any gift, entertainment, or service valued at $ 30 or less.
2. Giving or receiving the item or service is customary and gives no appearance of impropriety.
3. Giving or receiving the item or service imposes no sense of obligation either on the giver or the receiver.
4. Giving or receiving the item or service results in no special favored treatment.
5. The item or service is given and received with no effort to conceal the full facts.
I
60 98
ITEl I 4. a
CITY MANAGER' S REPORT
7ULY 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE THE CREATION OF A DEPUTY CITY
MANAGER POSITION
RECOMMENDATION: Adopt Resolution Creating a Deputy City Manager Position at Grade 90, Approving the ob Description,
Updating the Grade Step Table, Un- funding the
Deputy Finance Director Position, and Approving the
Related Budget Amendment
SUMMARY
Over the past several years Lathrop has experienced unprecedented growth, making it the fastest growing city in the State of California. We are processing the development approvals for some of the largest master planned communities in the state, millions of square feet of industrial/ manufacturing/ retail/ commercial properties and building various short term as well as long term capital projects on par with many medium to large sized cities. In 2020, the city had approximately 95 full time positions. Today, with the addition of the Police Department and support positions, the city has grown to approximately 177 full time positions.
The addition of the Police Department necessitates oversight of complex day to day matters that arise in finance, human resources, risk management and police budgeting. Staff requests Council consideration to approve the creation of a Deputy City Manager position at grade 90, un- fund the Deputy Finance Director position and approve a budget amendment in the amount of $ 51, 700 to cover the difference in salary and benefits.
BACKGROUND:
Over the past eleven years, City staff has worked tirelessly to position the city in a manner that is fiscally healthy and sustainable to support the steady growth and maintain high- levels of quality services to our community.
A nod to the collaborate efForts throughout the city are the rankings from Fiscal Year 2016- 17 through 2020- 21, in which the State Auditor classified the City of Lathrop with an overall low risk" of financial distress: placing Lathrop as the 9th most fiscally sound city in California, with a fiscal grade of 96. 24 of 100 points. Additionally, in May 2023, the State released the annual population and housing estimates report, in which it mentioned Lathrop as one of the top five cities in California where housing production drove population growth; placing Lathrop with an 11. 1% growth as the fastest growing city in San Joaquin County, and the fastest growing city in the State with population over 30, 000. These accomplishments are due to collaborate efforts across all city departments, in which every department contributed to the success of the City.
99 CITY MANAGER' S REPORT PAGE 2
IULY 10, 2023 CITY COUNCIL MEETING
APPROVE THE CREATION OF A DEPUTY CITY MANAGER POSITION
Furthermore, the City of Lathrop has also doubled in staffing since 2020. Currently, with the adoption of the 2023- 24 fiscal year budget, the city now has approximately 177 budgeted positions. With the steady growth and complex projects over the years, there comes a need to expand in high- level support positions. Therefore, staff requests that the City Council consider approving the creation of a Deputy City Manager Position at Grade 90, including the related job description, and updating the city' s grade step table. Additionally, staff is requesting to un- fund the Deputy Finance Director position, and approve a budget amendment in the amount of $ 51, 700 to cover the difFerence in salary and benefits from the Deputy Finance Director to a Deputy City Manager position.
REASON FOR RECOMMENDATION:
The City Manager serves as the Chief Administrative Officer for the City of Lathrop and is responsible for the day- to- day oversight and management of all City departments. Adding a Deputy City Manager will allow for additional support in the execution and implementation of higher-level complex projects, and oversight of the Finance and Human Resources Departments, and Police Department budget.
FISCAL IMPACT:
If approved by Council, the attached resolution will create a Deputy City Manager Position at Grade 90 in the City Manager' s Office, un- fund the Deputy Finance Director position, and approve a budget amendment in the amount of $ 51, 700 to cover the difference in salary and benefits from the Deputy Finance Director to a Deputy City Manager position.
Increase Appropriations - City Manager Dept. Salaries
1010- 11- 20- 410- 11- 00 Salary 214, 133
1010- 11- 20- 410- xx- 00 Benefits/ PERS 75, 921
Decrease Appropriations - Finance Dept. Salaries
1010- 15- 10- 410- 11- 00 Salary 167, 181
1010- 15- 10- 410- xx- 00 Benefits/ PERS 71, 179
Net Fiscal Impact Change / Difference 51, 694
ATTACH M ENTS:
A. Resolution Creating a Deputy City Manager Position at Grade 90, Approving the Job Description, Updating the Grade Step Table, Un- funding the Deputy Finance Director Position, and Approving the Related Budget Amendment B. Deputy City Manager Job Description, at Grade 90
C. Updated Grade Step Table
D. Updated Position Control Roster
100
CITY MANAGER' S REPORT PAGE 3
7ULY 10, 2023 CITY COUNCIL MEETING
APPROVE THE CREATION OF A DEPUTY CITY MANAGER POSITION
APPROVALS:
Zr
Juli a Burns Date
Human Resources Director
3 Salvador Navarrete Date
City Attorney
7•[a - 23
Stephen J. Salvatore Date
City Manager
101
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP CREATING A DEPUTY CITY MANAGER POSITION AT GRADE 90, APPROVING THE JOB
DESCRIPTION, UPDATING THE GRADE STEP TABLE, UN- FUNDING THE
DEPUTY FINANCE DIRECTOR POSITION, AND APPROVING THE RELATED
BUDGET AMENDMENT
WHEREAS, over the past several years Lathrop has experienced unprecedented growth, making it the fastest growing city in the State of California; and
WHEREAS, the city is processing the development approvals for some of the largest master planned communities in the state, millions of square feet of industrial/ manufacturing/ retail/ commercial properties and building various short term as well as long term capital projects on par with many medium to large sized cities; and
WHEREAS, in 2020, the city had approximately 95 full time positions. Today, with the addition of the Police Department and support positions, the city has grown to approximately 177 full time positions; and
WHEREAS, the addition of the Police Department necessitates oversight of complex day to day matters that arise in finance, human resources, risk management and police budgeting; and
WHEREAS, the City Manager serves as the Chief Administrative Officer for the City of Lathrop and is responsible for the day- to- day oversight and management of all City departments; and
WHEREAS, adding a Deputy City Manager will allow for additional support in the execution and implementation of higher- level complex projects, and oversight of the Finance and Human Resources Departments, and Police Department budget; and WHEREAS, staff requests Council consideration to approve the creation of a Deputy City Manager position at grade 90, un- fund the Deputy Finance Director position and approve a budget amendment in the amount of $ 51, 700 to cover the difference in salary and benefits; and
WHEREAS, the Deputy City Manager position is an exempt, at- will, and unrepresented position appointed by the City Manager.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a Deputy City Manager position at Grade 90, approves the job description, updates the Grade Step Table, and un- funds the Deputy Finance Director position
Resolution No. 23-
102
Increase Appropriations - City Manager Dept. Salaries
1010- 11- 20- 410- 11- 00 Salary 214, 133
1010- 11- 20- 410- xx- 00 Benefits/ PERS 75, 921
Decrease Appropriations - Finance Dept. Salaries
1010- 15- 10- 410- 11- 00 Salary 167, 181
1010- 15- 10- 410- xx- 00 Benefits/ PERS 71, 179
Net Fiscal Impact Change / Difference 51, 694
The foregoing resolution was passed and adopted this 10t" day of July 2023, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 23-
103
Attachment B
CITY OF LATHROP
DEPUTY CITY MANAGER
Class specifications are only intended to present a descriptive summary of the range ofduties and responsibilities associated with specified positions. Therefore, specifications mav not include al[ duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualiftcations ofincumbents within the position.
DEFINITION:
Under general administrative direction, performs highly responsible and complex professional administrative work while assisting the City Manager, or Assistant City Manager, with the direction and coordination ofthe activities of assigned City departments and or divisions. Under administrative direction, plans, manages, oversees and directs operations and services of the Finance Department, Human Resources Department, and budget operations of the Police Department; assists the City Manager, or Assistant City Manager, in coordinating and directing citywide departmental activities and operations; relieves the City Manager ofday-to-day duties associated with municipal operations of assigned Departments and Divisions; promotes effective and efficient operations throughout the organization by facilitating interdepartmental cooperation and sharing of resources; provides responsible staff assistance to the City Manager, City Council, and department heads; performs other related duties as required.
DISTINGUISHING CHARACTERISTICS:
The Deputy City Manager is an administrative management level class, responsible for the overall management and operations of the Finance Department, Human Resources Department, and budget operations of the Police Department. Under the direction of the City Manager, or Assistant City Manager, the incumbent may assist and provide direction to assigned departments or divisions; may manage a variety of citywide programs, activities, and high-level projects. The Deputy City Manager acts for the City Manager, or Assistant City Manager, in their absence. This class is distinguished from the next higher classification ofAssistant City Manager, in that the latter has higher overall responsibility for administering and directing assigned City departments and operations.
SUPERVISION RECEIVED/ EXERCISED:
Receives administrative direction from the City Manager, or Assistant City Manager. Exercises direct and indirect supervision over assigned departments, professional and support function personnel.
ESSENTIAL FLINCTIONS: ( include but are not limited to thefollowin Assumes full management responsibility for assigned functions, services, and activities of the City, including the City' s Finance Department, Human Resources Department, and budget operations ofthe Police Department.
Assists in the development and implementation of goals, objectives, policies and priorities for citywide government and the City Manager' s Office.
Provides professional analysis and advice to the City Manager, Assistant City Manager, City Council, and department representatives regarding governmental and administrative procedures and practices; conducts complex research and analysis for a variety of organizational projects and services; reviews, analyzes, and makes recommendations on state and federal legislation affecting municipal operations. 104
DEPUTY CITY MANAGER
Confers with department heads and employees regarding policy and procedural changes; administers, coordinates and monitors a variety ofprograms that cross a number ofCity operational lines; researches development opportunities to address funding needs.
Oversees grant applications, grant- funded program activities and contracts on behalf of the City; identifies potential new funding sources; and assists departments with grant writing submittals.
Coordinates activities of the City Manager' s Office with other City departments and outside agencies; participates in developing and implementing policies, procedures, and objectives to ensure efficient, effective, and consistent delivery of services; identifies operational problems and issues and works with departments to resolve them.
Manages and directs work plan of assigned departments and divisions; assigns work activities and responsibilities to appropriate department personnel; reviews and evaluates organizational effectiveness and productivity; identifies and resolves problems andlor issues; determines and executes disciplinary actions; recommends and oversees the use of consultants and outside professional services.
Represents the City Manager' s Office and assigned Departments before the City Council, community, outside agencies, and professional organizations; makes public presentations to groups such as the City Council, boards and commissions, citizen groups, developers, and other public agencies; serves as the primary liaison with federal, regional, and local agencies; collaborates with interested parties in meetings with developers, contractors, and other public agencies.
Serves as a member of the City' s executive management team, assists the City Manager, or Assistant City Manager with the City's overall administrative detail and policy planning process; acts as City Manager, or Assistant City Manager as assigned during their absence; may serve as Acting Department Head when there is a vacancy ar absence.
Keeps abreast of changes in federal, state, and local laws, rules and regulations; monitors projects to ensure City and Agency compliance with applicable statutes and regulations Develops, implements and maintains departmental goals, objectives, policies and procedures; reviews and evaluates work methods and procedures for improving organizational performance, enhancing services and meeting goals; ensures that goals are achieved.
Establishes positive working relationships with representatives of community organizations, state/ local agencies and associations, City management and staff, and the public.
PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS:
Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance ofdaily activities. The position also requires grasping, repetitive hand movement and fine coordination in preparing statistical reports and data using a computer keyboard.
Additionally, the position requires near and far vision in reading correspondence, statistical data and using a computer. Acute hearing is required when providing phone and personal service. The need to lift, drag and push files, paper and documents weighing up to 25 pounds also is required. Some ofthese requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations July 2023
105
pg. 2
DEPUTY CITY MANAGER
QUALIFICATIONS: ( The following are minimal qualifications necessary for entry into the classification.)
Any combination of education and experience that has provided the knowledge, skills and abilities necessary for a Deputy City Manager. A typical way of obtaining the required qualifications is to possess the equivalent of six years of progressively responsible administrative managerial or leadership experience in a public administration setting, including two years of management or supervisory experience, and a bachelor' s degree in public administration, business administration, civil engineering, government law, organizational management or related field. A master' s degree is highly desirable.
KNOWLEDGE/ ABILITIES/ SKILLS: ( The following are a representative sample of the KAS' s necessary to perform essential duties ofthe position.)
Knowled e of•
Modern principles and practices of municipal administration, organizations and functions; current social, political, and economic trends and operating problems of municipal government; principles and practices of municipal budgeting and finance; principles and practices of economic development and organizational management; principles and practices of public financing, including debt management and bond management; local and state legislative processes; assessment district operating requirements; principles of effective public relations and interrelationships with community groups and agencies, private businesses and firms, and other levels of government; methods and techniques of supervision, training and motivation; basic principles of mathematics; applicable federal, state and local laws, codes and regulations; methods and techniques of scheduling work assignments; standard office procedures, practices and equipment; modern office practices, methods and equipment, including a computer and applicable software; methods and techniques for record keeping and report preparation and writing; proper English, spelling and grammar; occupational hazards and standard safety practices.
Abilitv to•
Provide effective leadership and coordinate a variety of program activities, including grants administration; research, analyze, interpret, summarize, and present administrative and technical information and data in an effective manner; prepare and analyze a grants budget; serve effectively as the administrative agent of the City Council; plan, organize, train, evaluate and direct work of assigned staff; perform mathematical calculations quickly and accurately; interpret, explain and apply applicable laws, codes and regulations; read, interpret and record data accurately; organize, prioritize and follow-up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; analyze a complex issue, and develop and implement an appropriate response; follow written and oral directions; observe safety principles and work in a safe manner; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships.
Skill to:
Operate an office computer and a variety of word processing and software applications.
HISTORICAL DATA
Updated: July 10, 2023 by Resolution: 23-
Employment Status: At-will
FLSA Status: Exempt/ Bargaining Unit: Unrepresented
July 2023
pg.
106 3
CITY OF LATHROP Adopted by Resolution No. 23-
GRADE- STEP TABLE
FORREFERENCEUSEONLY Eff. 7/ 10/ 2023 Attachment C
20 hourly $ 15. 7899 $ 16. 5795 $ 17. 4086 $ 18. 2789 $ 19. 1928 bi- weekly 1, 263 1, 326 1, 393 1, 462 1, 535
monthly 2, 737 2, 874 3, 017 3, 168 3, 327
annual 32, 843 34, 485 36, 210 38, 020 39, 921
21 hourly $ 16. 1847 $ 16. 9941 $ 17. 8436 $ 18. 7358 $ 19. 6727 bi- weekly 1, 295 1, 360 1, 427 1, 499 1, 574
monthly 2, 805 2, 946 3, 093 3,248 3, 410
annual 33, 664 35, 348 37, 115 38, 970 40, 919
22 hourly $ 16. 5888 $ 17. 4185 $ 18. 2892 $ 19. 2037 $ 20. 1637 bi- weekly 1, 327 1, 393 1, 463 1, 536 1, 613
monthly 2, 875 3, 019 3, 170 3, 329 3, 495
annual 34, 505 36, 230 38, 042 39, 944 41, 941
23 hourly $ 17. 0040 $ 17. 8543 $ 18. 7470 $ 19.6846 $ 20. 6684 bi- weekly 1, 360 1, 428 1, 500 1, 575 1, 653
monthly 2,947 3, 095 3,249 3,412 3,583
annuai 35, 368 37, 137 38, 994 40, 944 42,990
24 hourly $ 17. 4294 $ 18. 3009 $ 19. 2156 $ 20. 1764 $ 21. 1852 bi- weekly 1, 394 1, 464 1, 537 1, 614 1, 695
monthly 3, 021 3, 172 3, 331 3, 497 3, 672
annual 36, 253 38, 066 39, 968 41, 967 44,065
25 hourly $ 17. 8651 $ 18. 7580 $ 19. 6959 $ 20. 6809 $ 21. 7151 bi- weekly 1, 429 1, 501 1, 576 1, 654 1, 737
monthly 3, 097 3, 251 3, 414 3, 585 3, 764
annual 37, 159 39, 017 40,967 43, 016 45, 167
26 hourly $ 18. 3116 $ 19. 2272 $ 20. 1885 $ 21. 1978 $ 22. 2577 bi- weekly 1, 465 1, 538 1, 615 1, 696 1, 781
monthly 3, 174 3, 333 3, 499 3, 674 3, 858
annual 38, 088 39, 993 41, 992 44, 091 46, 296
27 RECREATION LEADER UNREP hourly $ 18. 7693 $ 19. 7078 $ 20. 6935 $ 21. 7282 $ 22. 8144 bi- weekly 1, 502 1, 577 1, 655 1, 738 1, 825
monthly 3, 253 3,416 3, 587 3, 766 3,955
annual 39,040 40, 992 43, 043 45, 195 47, 454
28 hourly $ 19. 2385 $ 20. 2004 $ 21. 2105 $ 22. 2710 $ 23. 3848 bi- weekly 1, 539 1, 616 1, 697 1, 782 1, 871
monthly 3, 335 3, 501 3, 676 3, 860 4,053
annual 40, 016 42, 017 44, 118 46, 324 48, 640
29 hourly $ 19. 7196 $ 20. 7056 $ 21. 7408 $ 22. 8278 $ 23. 9693 bi- weekly 1, 578 1, 656 1, 739 1, 826 1, 918
monthly 3, 418 3,589 3,768 3, 957 4, 155
annual 41, 017 43, 068 45, 221 47, 482 49,856
30 hourly $ 20. 2125 $ 21. 2231 $ 22. 2842 $ 23. 3984 $ 24. 5684 bi- weekly 1, 617 1, 698 1, 783 1, 872 1, 965
monthly 3, 504 3, 679 3, 863 4, 056 4, 259
annual 42, 042 44, 144 46,351 48, 669 51, 102
31 houMy $ 20.7179 $ 21. 7536 $ 22. 8414 $ 23. 9833 $ 25. 1826 bi- weekly 1, 657 1, 740 1, 827 1, 919 2,015
monthly 3, 591 3, 771 3, 959 4, 157 4,365
annual 43, 093 45, 248 47, 510 49, 885 52, 380
32 OFFICE ASSISTANT I SEIU hourly $ 21. 2358 $ 22. 2974 $ 23. 4125 $ 24. 5827 $ 25. 8121 SENIOR RECREATION LEADER SEIU bi- weekly 1, 699 1, 784 1, 873 1, 967 2, 065 monthly 3, 681 3, 865 4, 058 4, 261 4,474
annual 44, 170 46, 379 48, 698 51, 132 53, 689
33 hourly $ 21. 7666 $ 22. 8549 $ 23. 9976 $ 25. 1977 $ 26.4575 bi- weekly 1, 741 1, 828 1, 920 2, 016 2, 117
monthly 3, 773 3,962 4, 160 4, 368 4,586
annual 45, 274 47, 538 49, 915 52, 411 55, 032
34 hourly $ 22. 3108 $ 23. 4265 $ 24. 5979 $ 25.8279 $ 27. 1189 bi- weekly 1, 785 1, 874 1, 968 2, 066 2, 170
monthly 3, 867 4, 061 4, 264 4, 477 4, 701
annual 46, 406 48, 727 51, 164 53, 722 56, 407
35 OFFICE ASSISTANT II SEIU hourly $ 22. 8688 $ 24. 0119 $ 25. 2125 $ 26. 4730 $ 27. 7968 bi- weekly 1, 830 1, 921 2, 017 2, 118 2, 224
monthly 3,964 4, 162 4, 370 4, 589 4,818
annual 47, 567 49, 945 52, 442 55, 064 57, 817
107
CITY OF LATHROP Adopted by Resolution No. 23-
GRADE- STEP TABLE
FOR REPERENCE USE ONLY Eff. 7/ 10/ 2023
36 hourly $ 23. 4405 $ 24. 6122 $ 25. 8431 $ 27. 1350 $ 28. 4918 bi- weekly 1, 875 1, 969 2, 067 2, 171 2, 279
monthly 4, 063 4, 266 4, 479 4, 703 4, 939
annual 48, 756 51, 193 53, 754 56, 441 59, 263
37 RECREATION SPECIALIST SEIU hourly $ 24. 0262 $ 25. 2274 $ 26. 4889 $ 27. 8136 $ 29. 2039 SPECIAL ASSISTANT SEIU bi- weekly 1, 922 2, 018 2, 119 2, 225 2,336 ANIMAL CENTER ASSISTANT SEIU monthly 4, 165 4,373 4, 591 4,821 5, 062 annual 49,974 52, 473 55, 097 57, 852 60, 744
38 hourly $ 24. 6272 $ 25. 8584 $ 27. 1511 $ 28. 5086 $ 29. 9342 bi- weekly 1, 970 2, 069 2, 172 2, 281 2, 395
monthly 4, 269 4, 482 4,706 4,941 5, 189
annual 51, 225 53, 785 56, 474 59, 298 62, 263
39 hourly $ 25. 2427 $ 26. 5049 $ 27. 8299 $ 29. 2216 $ 30. 6823 bi- weekly 2, 019 2, 120 2, 226 2,338 2, 455
monthly 4, 375 4, 594 4, 824 5, 065 5, 318
annual 52, 505 55, 130 57, 886 60, 781 63, 819
40 hourly $ 25. 8740 $ 27. 1677 $ 28. 5260 $ 29. 9521 $ 31. 4496 bi- weekly 2, 070 2, 173 2, 282 2, 396 2, 516
monthly 4, 485 4, 709 4, 945 5, 192 5, 451
annual 53, 818 56, 509 59, 334 62, 300 65, 415
41 ADMINISTRATIVE ASSISTANT I SEIU hourly $ 26. 5206 $ 27. 8466 $ 29. 2390 $ 30. 7009 $ 32. 2358 MAINTENANCE WORKER I SEIU bi- weekly 2, 122 2, 228 2, 339 2,456 2, 579 WATER METER READER I SEIU monthly 4, 597 4,827 5, 068 5, 321 5, 588 annual 55, 163 57, 921 60, 817 63, 858 67, 050
42 CUSTOMER SERVICE REPRESENTATIVE I SEIU hourly $ 27. 1835 $ 28. 5427 $ 29. 9702 $ 31. 4685 $ 33. 0422 bi- weekly 2, 175 2, 283 2, 398 2, 517 2, 643
monthly 4, 712 4, 947 5, 195 5, 455 5, 727
annual 56, 542 59, 369 62, 338 65, 455 68, 728
43 POLICE OFFICER TRAINEE NON- SWORN hourly $ 27. 8628 $ 29.2564 $ 30. 7191 $ 32. 2551 $ 33. 8677 POLICE RECORDS ASSISTANT I SEIU bi- weekly 2, 229 2, 341 2, 458 2, 580 2, 709 monthly 4, 830 5, 071 5, 325 5, 591 5, 870
annual 57, 955 60, 853 63, 896 67, 091 70, 445
44 INFORMATION TECHNOLOGY TECHNICIAN SEIU hourly $ 28. 5596 $ 29. 9878 $ 31. 4872 $ 33. 0615 $ 34. 7147 bi- weekly 2, 285 2, 399 2, 519 2, 645 2, 777
monthly 4, 950 5, 198 5, 458 5, 731 6, 017
annual 59, 404 62, 375 65, 493 68, 768 72, 206
45 ADMINISTRATIVE ASSISTANT II SEIU hourly $ 29. 2736 $ 30. 7373 $ 32. 2743 $ 33. 8881 $ 35.5825 MAINTENANCE WORKER II SEIU bi- weekly 2, 342 2, 459 2, 582 2, 711 2, 847 RECREATION COORDINATOR SEIU monthly 5,074 5, 328 5, 594 5, 874 6, 168 WATER MEfER READER II SEIU annual 60,889 63, 934 67, 130 70,487 74, 012 46 POLICE RECORDS ASSISTANT II SEIU hourly $ 30. 0058 $ 31. 5059 $ 33. 0810 $ 34. 7354 $ 36. 4719 bi- weekly 2, 400 2, 520 2, 646 2, 779 2, 918
monthly 5, 201 5, 461 5, 734 6, 021 6, 322
annual 62, 412 65, 532 68, 809 72, 250 75, 861
47 ADMINISTRATIVE ASSISTANT III SEIU hourly $ 30. 7555 $ 32. 2937 $ 33. 9081 $ 35. 6034 $ 37.3836 ADMINISTRATIVE TECHNICIAN 1 SEIU bi- weekly 2, 460 2, 583 2, 713 2,848 2, 991 HUMAN RESOURCES TECHNICIAN SEIU monthly 5, 331 5, 598 5, 877 6, 171 6,480 PERMIT TECHNICIAN I SEIU annual 63, 971 67, 171 70, 529 74 055 77, 758 48 MAINTENANCE WORKER III SEIU hourly $ 31. 5247 $ 33. 1011 $ 34. 7558 $ 36. 4935 $ 38. 3185 SOLID WASTE& RESOURCE CONSERV. COOR SEIU bi- weekly 2, 522 2, 648 2, 780 2, 919 3, 065 montniy S, 4b4 S,/. itf b, UL4 b,,iLb b, b4L
annual 65, 571 68, 850 72, 292 75, 906 79, 703
49 CUSTOMER SERVICE REPRESENTATNE II SEIU hourly $ 32. 3127 $ 33. 9283 $ 35. 6250 $ 37. 4063 $ 39. 2765 PROPER7Y AND EVIDENCE TECHNICIAN SEIU bi- weekly 2, 585 2, 714 2, 850 2, 993 3, 142 monthly 5, 601 5, 881 6, 175 6,484 6,808
annual 67, 210 70, 571 74100 77,805 81, 695
50 ENGINEERING TECHNICIAN I SEIU hourly $ 33. 1205 $ 34. 7765 $ 36. 5155 $ 38. 3411 $ 40. 2583 bi- weekly 2, 650 2, 782 2, 921 3, 067 3, 221
monthly 5, 741 6, 028 6,329 6,646 6, 978
annual 68, 891 72, 335 75, 952 79, 749 83, 737
51 ADMINISTRATIVE TECHNICL4N II SEIU hourly $ 33. 9487 $ 35. 6464 $ 37. 4285 $ 39. 3000 $ 41. 2648 CRIME& INTELLIGENCE ANALYST SEIU bi- weekly 2, 716 2, 852 2, 994 3, 144 3, 301 PERMITTEChINICIAN II SEIU monthly 5, 884 6, 179 6,488 6, 812 7, 153 SENIOR ADMINISTRATNE ASSISTANT LMCEA annual 70, 613 74, 144 77, 851 81, 744 85, 831
SENIOR CUSTOMER SERVICE REP SEIU
108
CITY OF LATHROP Adopted by Resolution No. 23-
GRADE- STEP TABLE
FOR REFERENCE USE ONL Y Eff. 7/ 10/ 2023
52 ACCOUNTANT I SEIU hourly $ 34. 7972 $ 36.5369 $ 38. 3639 $ 40.2820 $ 42. 2962 BUILDING INSPECTOR I SEIU bi- weekly 2, 784 2, 923 3, 069 3, 223 3, 384 COMMUNITY SERVICE OFFICER I SEIU monthly 6, 032 6, 333 6, 650 6, 982 7, 331 HR ANALYST I LMCEA annual 72, 378 75, 997 79, 797 83, 787 87,976 UTILiTY OPERATOR I SEIU
53 CONSTRUCTION INSPECTOR I SEIU hourly $ 35. 6673 $ 37. 4503 $ 39. 3228 $ 41. 2891 $ 43. 3538 POLICE RECORDS SUPERVISOR LMCEA bi- weekly 2,853 2,996 3, 146 3, 303 3, 468 LEGAL SECRETARY LMCEA monthly 6, 182 6,491 6,816 7, 157 7,515 ANIMAL SHELTER SUPERVISOR annual 74, 188 77, 897 81, 791 85, 881 90, 176 54 ENGINEERING TECHNICIAN II SEIU hourly $ 36. 5588 $ 38. 3868 $ 40. 3060 $ 42. 3214 $ 44.4376 EXECUTIVE ASSISTANT LMCEA bi- weekly 2, 925 3, 071 3, 224 3, 386 3, 555 monthly 6, 337 6, 654 6,986 7, 336 7, 703
annual 76, 042 79, 845 83, 836 88, 028 92, 430
55 BUILDING INSPECTOR II SEIU hourly $ 37. 4729 $ 39. 3465 $ 41. 3138 $ 43. 3793 $ 45.5484 COMMUNITY SERVICE OFFICER II SEIU bi- weekly 2, 998 3, 148 3, 305 3, 470 3, 644 PERMITTECHNICIAN III SEIU monthly 6,495 6,820 7, 161 7, 519 7, 895 SENIOR ACCOUNTING TECHNICIAN SEIU annual 77, 944 81, 841 85, 933 90, 229 94, 741 56 ACCOUNTANT II SEIU hourly $ 38. 4098 $ 40. 3301 $ 42. 3467 $ 44. 4642 $ 46.6871 DEPUTY CITY CLERK LMCEA bi- weekly 3, 073 3, 226 3, 388 3, 557 3, 735 HR ANALYST II LMCEA monthly 6, 658 6, 991 7, 340 7, 707 8, 092 MANAGEMENT ANALYST I( CONFIDENTIAL) LMCEA annual 79, 892 83, 887 88, 081 92,486 97, 109
UTILITY OPERATOR II SEIU
57 CONSTRUCTION INSPECTOR II SEIU hourly $ 39. 3698 $ 41. 3383 $ 43.4054 $ 45. 5754 $ 47.8544 CUSTOMER SERVICE SUPERVISOR LMCEA bi- weekly 3, 150 3,307 3, 472 3,646 3,828 LEGAL ASSISTANT LMCEA monthly 6, 824 7, 165 7, 524 7, 900 8,295 PARKS& RECREATION SUPERVISOR LMCEA annual 81, 889 85, 984 90, 283 94, 797 99, 537 58 ASSISTANT PLANNER SEIU hourly $ 40. 3541 $ 42. 3718 $ 44. 4905 $ 46. 7147 $ 49. 0508 JUNIOR ENGINEER SEIU bi- weekly 3, 228 3, 390 3, 559 3, 737 3, 924 SENIOR ENGINEERING TECHNICIAN SEIU monthly 6, 995 7, 344 7, 712 8, 097 8, 502 ELECTRICIAN/ INSTRUMENTTECH SEIU annual 83, 936 88, 133 92, 540 97, 167 102, 026 59 BUILDING INSPECTOR III SEIU hourly $ 41. 3630 $ 43. 4312 $ 45. 6026 $ 47. 8825 $ 50. 2770 CHIEF UTILIIY OPERATOR SEIU bi- weekly 3, 309 3,474 3, 648 3, 831 4,022 COMMUNITY SERVICE OFFICER III SEIU monthly 7, 170 7, 528 7, 904 8, 300 8, 715 LANDSCAPE& IRRIGATION SPECIALIST LMCEA annual 86, 035 90, 337 94,853 99, 596 104, 576
MAINTENANCE SERVICES SUPERVISOR LMCEA
60 IXECUTIVE ASSIST TO THE CITY MANAGER LMCEA hourly $ 42. 3973 $ 44. 5171 $ 46.7429 $ 49. 0801 $ 51. 5339 INFORMATION TECHNOLOGY ENGINEER I LMCEA bi- weekly 3, 392 3, 561 3, 739 3, 926 4, 123 MANAGEMENT ANALYST II( CONFIDENTIAL) LMCEA monthly 7, 349 7, 716 8, 102 8, 507 8, 933 annual 88, 186 92, 596 97, 225 102, 087 107, 191
61 CONSTRUCTION INSPECTOR III SEIU hourly $ 43. 4569 $ 45. 6300 $ 47. 9112 $ 50. 3068 $ 52. 8222 POLICE SERVICES MANAGER LMCEA bi- weekly 3, 477 3, 650 3,833 4, 025 4,226 UTILTfY MAINTENANCE SUPERVISOR LMCEA monthly 7, 533 7, 909 8, 305 8,720 9, 156 UIILITY OPERATOR III SEIU annual 90,390 94, 910 99, 655 104, 638 109,870 62 WW TREATMENT PtANT SUPERVISOR LMCEA hourly $ 94. 5434 $ 46. 7707 $ 49. 1090 $ 51. 5647 $ 54. 1427 bi- weekly 3, 563 3, 742 3, 929 4, 125 4, 331
monthly 7, 721 8, 107 8, 512 8, 938 9, 385
annual 92, 650 97, 283 102, 147 107, 254 112, 617
63 ASSOCIATE PLANNER SEIU hourly $ 45. 6571 $ 47. 9399 $ 50. 3370 $ 52. 8535 $ 55. 4962 SENIOR BUILDING INSPECTOR SEIU bi- weekly 3, 653 3, 835 4, 027 4, 228 4, 440 monthly 7, 914 8, 310 8, 725 9, 161 9,619
annual 94, 967 99, 715 104, 701 109, 935 115, 432
64 ASSISTANT ENGINEER SEIU hourly $ 46. 7983 $ 49. 1381 $ 51. 5952 $ 54. 1752 $ 56. 8837 COMPLIANCE ENGINEER SEIU bi- weekly 3, 744 3, 931 4, 128 4,334 4, 551 PARKS AND FACILITATES MANAGER LMCEA monthly 8, 112 8, 517 8, 943 9, 390 9,860 PARKS AND REC ADMINISTRATOR SEIU annual 97, 341 102, 207 107, 318 112, 684 118, 318
RECREATION MANAGER LMCEA
STREEfS AND OPERATIONS MANAGER LMCEA
65 BUDGET MANAGER LMCEA hourly $ 47. 9684 $ 50.3670 $ 52.8851 $ 55. 5294 $ 58. 3061 POLICE OFFICER SWORN bi- weekly 3, 837 4, 029 4, 231 4, 442 4,664 SENIOR ACCOUNTANT LMCEA monthly 8, 315 8, 730 9, 167 9,625 10, 106 annuai 99, 774 104, 763 110, 001 115, 501 121, 277
109
CITY OF LATHROP Adopted by Resolution No. 23-
GRADE- STEP TABLE
FOR REFERENCE USEONLY Eff. 7/ 10/ 2023
66 hourly $ 49. 1676 $ 51. 6259 $ 54. 2073 $ 56. 9175 $ 59.7638 bi- weekly 3, 933 4, 130 4, 337 4, 553 4, 781
monthly 8, 522 8, 948 9, 396 9, 866 10, 359
annual 102, 269 107, 382 112, 751 118, 388 124,309
67 COMMUNITY SERVICES SUPERVISOR LMCEA hourly $ 50.3967 $ 52. 9168 $ 55. 5624 $ 58. 3410 $ 61. 2575 HUMAN RESOURCES MANAGER IXEMPT bi- weekly 4, 032 4, 233 4, 445 4, 667 4, 901 INFORMATION TECHNOLOGY ENGINEER II LMCEA monthly 8, 735 9, 172 9, 631 10, 112 10, 618 SENIOR MANAGEMENT ANALYST LMCEA annual 104, 825 110, 067 115, 570 121, 349 127, 416
SPECIAL DISTRICTS MANAGER LMCEA
68 PERMIT AND PLAN CHECK SUPERVISOR LMCEA hourly $ 51. 6565 $ 54. 2396 $ 56. 9514 $ 59. 7991 $ 62. 7892 bi- weekly 4, 133 4, 339 4, 556 4,784 5, 023
monthly 8, 954 9, 402 9, 872 10, 365 10, 883
annual 107, 445 112, 818 118, 459 124, 382 130, 602
69 SENIOR PLANNER LMCEA hourly $ 52. 9481 $ 55. 5955 $ 58. 3755 $ 61. 2941 $ 64. 3587 UTlLITY PLANT SUPERVISOR LMCEA bi- weekly 4, 236 4, 448 4, 670 4, 904 5, 149 monthly 9, 178 9, 637 10, 118 10, 624 11, 156
annual 110, 132 115, 639 121, 421 127, 492 133, 866
70 ASSOCIATE ENGINEER SEIU hourly $ 54. 2720 $ 56. 9857 $ 59. 8346 $ 62. 8265 $ 65. 9677 bi- weekly 4, 342 4, 559 4, 787 5, 026 5, 277
monthly 9, 407 9, 878 10, 371 10, 890 11, 434
annual 112, 886 118, 530 124, 456 130, 679 137, 213
71 INFORMATION TECH ENGINEER III LMCEA hourly $ 55. 6289 $ 58. 4100 $ 61. 3306 $ 64. 3969 $ 67. 6168 PARKS AND REC SUPERINTENDENT LMCEA bi- weekly 4,450 4, 673 4, 906 5, 152 5, 409 monthly 9, 642 10, 124 10, 631 11, 162 11, 720
annual 115, 708 121, 493 127, 568 133,946 140,643
72 POLICE SERGEANT SWORN hourly $ 57. 0195 $ 59. 8704 $ 62. 8640 $ 66. 0070 $ 69. 3074 bi- weekly 4, 562 4, 790 5, 029 5, 281 5, 545
monthly 9, 883 10, 378 10, 896 11, 441 12, 013
annual 118, 600 124, 530 130, 757 137, 295 144, 159
73 ASSISTANT CHIEF BUILDING OFFICIAL LMCEA hourly $ 58.4447 $ 61. 3670 $ 64.4356 $ 67. 6572 $ 71. 0400 bi- weekly 4, 676 4, 909 5, 155 5, 413 5, 683
monthly 30, 130 10, 637 11, 169 11, 727 12, 314
annual 121, 565 127, 643 134, 026 140, 727 147 763
74 CITY CLERK IXEMPT hourly $ 59.9062 $ 62.9013 $ 66. 0461 $ 69. 3486 $ 72. 8159 FINANCE MANAGER LMCEA bi- weekly 4, 792 5, 032 5, 284 5, 548 5, 825 PRINCIPAL PLANNER LMCEA monthly 10, 384 10, 903 11, 448 12, 020 12, 621 SENIOR CIVIL ENGINEER LMCEA annual 124, 605 130, 835 137, 376 144, 245 151, 457 75 hourly $ 61. 4039 $ 64. 4739 $ 67. 6973 $ 71. 0824 $ 74. 6363 bi- weekly 4, 912 5, 158 5,416 5, 687 5, 971
monthiy 10, 643 11, 175 11, 734 12, 321 12, 937
annuai 127, 720 134, 106 140,830 147, 851 155, 243
76 ACCOUNTING MANAGER LMCEA hourly $ 62. 9387 $ 66. 0858 $ 69. 3898 $ 72. 8594 $ 76. 5023 CONSTRUCTION SUPERINTENDENT LMCEA bi- weekly 5, 035 5, 287 5, 551 5, 829 6, 120 DEPU7Y DIRECTOR OF PARKS, REC& MAINT LMCEA monthly 10, 909 11, 455 12, 028 12, 629 13, 260 PARKS PROJECT MANAGER LMCEA annual 130, 913 137, 458 194, 331 151, 548 159, 125
PROJECTS MANAGER LMCEA
UTILITY OPERATIONS SUPERINTENDENT LMCEA
77 ASSISTANT CITY ATTORNEY IXEMPT hourly $ 64. 5119 $ 67. 7378 $ 71. 1246 $ 74. 6807 $ 78. 4149 bi- weekly 5, 161 5, 419 5, 690 5, 974 6, 273
monthly 11, 182 11, 741 12, 328 12, 945 13, 592
annual 134, 185 140, 895 147, 939 155, 336 163, 103
78 DEPUTY FINANCE DIRECTOR LMCEA hourly $ 66. 1252 $ 69.4311 $ 72. 9028 $ 76. 5478 $ 80. 3755 bi- weekly 5, 290 5, 554 5, 832 6, 124 6, 430
monthly 11, 462 12, 035 12, 636 13, 268 13, 932
a n n u a I 137, 540 144, 417 151, 638 159, 219 167, 181 79 ECONOMIC DEV ADMINISTRATOR LMCEA hourly $ 67. 7782 $ 71. 1668 $ 74. 7257 $ 78. 4617 $ 82. 3847 LAND DEVELOPMENT MANAGER LMCEA bi- weekly 5, 422 5, 693 5, 978 6, 277 6,591 monthly 11, 748 12, 336 12,952 13, 600 14, 280
annual 140, 979 148, 027 155, 429 163, 200 171, 360
110
CITY OF LATHROP Adopted by Resolution No. 23-
GRADE- STEP TABLE
FOR REFERENCE USE ONL Y Eff. 7/ 10/ 2023
2023 Compensarion Mav Be Subject to CaIPERS Compensation Limits Be 'gmning at Grade 80/ Step 5 80 ASSISTANT COM DEV DIRECTOR LMCEA hourly $ 69. 4724 $ 72. 9462 $ 76. 5935 $ 80. 4231 $ 84.4443 CHIEF PLANNING OFFICIAL LMCEA bi- weekly 5, 558 5, 836 6, 127 6, 434 6, 756 PRINCIPAL ENGINEER LMCEA monthly 12, 042 12, 644 13, 276 13, 940 14, 637 a n n u a I 144, 503 151, 728 159, 315 167, 280 175, 644 81 CHIEF BUILDING OFFICIAL IXEMPT hourly $ 71. 2096 $ 74. 7701 $ 78. 5089 $ 82. 4341 $ 86. 5557 CHIEF INFORMATION OFFICER IXEMPT bi- weekiy 5, 697 5, 982 6, 281 6, 595 6,924 POLICE LIEUTENANT SWORN monthly 12, 343 12, 960 13, 608 14, 289 15, 003 SENIOR CONSTRUCTION MANAGER LMCEA annual 148, 116 155, 522 163, 299 171, 463 180,036 82 ASSISTANT PUBLIC WORKS DIRECTOR LMCEA hourly $ 72. 9896 $ 76.6395 $ 80. 4711 $ 84. 4945 $ 88. 7197 bi- weekly 5, 839 6, 131 6,438 6, 760 7, 098
monthly 12, 652 13, 284 13, 948 14, 646 15, 378
annual 151, 818 159, 410 167, 380 175,749 184, 537
83 hourly $ 74. 8145 $ 78. 5550 $ 82.4829 $ 86.6066 $ 90.9372 bi- weekiy 5, 985 6,284 6, 599 6,929 7, 275
monthly 12, 968 13, 616 14, 297 15, 012 15, 762
annual 155, 614 163, 394 171, 564 180, 142 189 149
84 POLICE COMMANDER SWORN hourly $ 76. 6846 $ 80. 5191 $ 84. 5448 $ 88. 7719 $ 93. 2110 bi- weekly 6, 135 6, 442 6, 764 7, 102 7,457
monthly 13, 292 13, 957 14, 654 15, 387 16, 157
annual 159, 504 167, 480 175,853 184, 646 193, 879
85 DIRECTOR OF GOVT SERV/ CIfY CLERK IXEMPT hourly $ 78. 6017 $ 82. 5320 $ 86.6586 $ 90. 9915 $ 95. 5410 DIRECTOR OF HUMAN RESOURCES IXEMPT bi- weekly 6, 288 6,603 6, 933 7, 279 7, 643 DIRECTOR OF INFORMAIION SYSTEMS EXEMPT monthly 13, 624 14, 306 15, 021 15,772 16, 560 DIRECTOR OF PARKS, REC& MAINT SERV EXEMPT annual 163, 492 171, 667 180, 250 189,262 198, 725 86 CITY ENGINEER EXEMPT hourly $ 80. 5667 $ 84.5953 $ 88.8249 $ 93. 2662 $ 97.9295 bi- weekly 6, 445 6, 768 7, 106 7, 461 7, 834
monthly 13, 965 14, 663 15, 396 16, 166 16,974
annual 167, 579 175, 958 184, 756 193,994 203 693
87 DIRECTOR OF FINANCE EXEMPT hourly $ 82. 5811 $ 86.7102 $ 91. 0458 $ 95. 5978 $ 100. 3779 bi- weekly 6,606 6,937 7, 284 7, 648 8, 030
monthly 14, 314 15, 030 15, 781 16, 570 17, 399
annual 171, 769 180 357 189 375 198 844 208 786
88 DIRECTOR OF COMMUNITY DEVELOPMENT EXEMPT hourly $ 84.6456 $ 88.8778 $ 93. 3216 $ 97.9878 $ 102. 8872 DIRECT' OR OF PUBLIC WORKS EXEMPT bi- weekly 6,772 7, 110 7, 466 7, 839 8, 231 monthly 14, 672 15,405 16, 176 16, 985 17, 834
annual 176, 063 184, 866 194, 109 203 815 214, 005
89 hourly $ 86. 7618 $ 91. 0998 $ 95.6550 $ 100. 4378 $ 105. 4594 bi- weekly 6, 941 7, 288 7, 652 8,035 8,437
monthly 15, 039 15, 791 16, 580 17,409 18,280
annuai 180, 465 189, 488 198, 962 208,911 219, 356
90 DEPUTY CITY MANAGER EXEMPT hourly $ 88. 9310 $ 93. 3772 $ 98.0462 $ 102. 9486 $ 108. 0960 bi- weekly 7, 114 7, 470 7,844 8,236 8,648
monthly 15, 415 16, 185 16, 995 17, 844 18, 737
annual 184, 977 194, 225 203 936 214133 224 840
91 ASSISTANT CIfY MANAGER DCEMPT hourly $ 91. 1541 $ 95. 7115 $ 300. 4975 $ 105. 5226 $ 110. 7986 bi- weekly 7, 292 7, 657 8, 040 8,442 8,864
monthly 15, 800 16, 590 17,420 18,291 19, 205
annual 189 601 199 080 209 035 219 487 230 461
92 hourly $ 93. 4394 $ 98. 1119 $ 103. 0116 $ 108. 1600 $ 113. 5680 bi- weekly 7, 475 7, 849 8, 241 8, 653 9,085
monthly 16, 196 17, 006 17, 855 18, 748 19, 685
annual 194, 354 204, 073 214, 264 224, 973 236 221
93 hourly $ 95. 7757 $ 100.5564 $ 105. 5858 $ 110. 8640 $ 116.4126 bi- weekly 7, 662 8, 045 8,447 8,869 9, 313
monthly 16, 601 17,430 18,302 19, 216 20, 178
annual 199 213 209 157 219, 618 230, 597 242, 138
94 POLICE CHIEF EXEMPT hourly $ 98. 1660 $ 103. 0765 $ 108. 2249 $ 113. 6437 $ 119. 3221 bi- weekly 7,853 8,246 8,658 9, 091 9, 546
monthly 17,015 17,867 18, 759 19, 698 20,682
annual 204, 185 214, 399 225108 236,379 248, 190
95 hourly $ 100. 6104 $ 105. 6399 $ 110. 9289 $ 116. 4667 $ 122. 2965 bi- weekly 8, 049 8,451 8,874 9, 317 9, 784
monthly 17, 439 18, 311 19, 228 20, 188 21, 198
annual 209, 270 219 731 230,732 242, 251 254, 377
96 hourly $ 103. 1306 $ 108. 2898 $ 113. 6978 $ 119. 3870 $ 125. 3574 bi- weekly 8, 250 8, 663 9,096 9,551 10, 029
111
CITY OF LATHROP Adopted by Resolution No. 23-
GRADE- STEP TABLE
FOR REFERENCE USE ONL Y Eff. 7/ 10/ 2023
monthly 17, 876 18, 770 19, 708 20, 694 21, 729
annual 214, 512 225, 243 236, 491 248, 325 260, 743
WNTRACT
CITY ATTORNEY EXEMPT annual $ 258, 153
CITY MANAGER EXEMPT annual $ 277, 023
Changes
Add:
IDEPU7Y CITY MANAGER, GRADE 90
112
Attachment D
C ' '
Summary by Department
2022/ 23 2023/ 24 2023/ 24
2022/ 23 Amended Adopted Amended
Adopted 03/ 13/ 23 Budget 07/ 10/ 23
CITY MANAGER
City Manager
Assistant City Manager 0. 00 0. 25 0. 25 0. 25
Deputy City Manager 0.00 0. 00 0. 00 1. 00
City Engineer 0. 15 0. 00 0. 00 0. 00
City Manager 1. 00 1. 00 1. 00 1. 00
Director of Government Services/ City Clerk 0. 50 0. 50 0. 50 0. 50 Economic Development Administrator 1. 00 1. 00 1. 00 1. 00 Total 2. 65 2. 75 2. 75 3. 75
CITY MANAGER- Total 2. 65 2. 75 2. 75 3. 75
CITY CLERK
City Clerk
Deputy City Clerk 1. 00 1. 00 1. 00 1. 00
Director of Government Services/ City Clerk 0. 50 0. 50 0. 50 0. 50 Tota I 1. 50 1. 50 1. 50 1. 50
CITY CLERK- Total 1. 50 1. 50 1. 50 1. 50
CITY ATTORNEY
City Attorney
Administrative Assistant I/ II/ III 1. 00 1. 00 1. 00 1. 00 City Attorney 1. 00 1. 00 1. 00 1. 00
Legal Secretary 0. 00 1. 00 1. 00 1. 00
Senior Administrative Assistant 1. 00 0. 00 0. 00 0. 00 Tota I 3. 00 3. 00 3. 00 3. 00
CITY ATTORNEY- Total 3. 00 3. 00 3. 00 3. 00
HUMAN RESOURCES
Human Resources
Human Resources Director 1. 00 1. 00 1. 00 1. 00
Human Resources Manager 1. 00 1. 00 1. 00 1. 00
HR Analyst I/ II 0. 00 1. 00 1. 00 1. 00
HR Technician 0. 00 1. 00 1. 00 1. 00
Tota I 2. 00 4. 00 4.00 4. 00
HUMAN RESOURCES- Total 2. 00 4. 00 4. 00 4. 00
ATTACHMENT" D"
113
C ' '
Summary by Department
2022/ 23 2023/ 24 2023/ 24
2022/ 23 Amended Adopted Amended
Adopted 03/ 13/ 23 Budget 07/ 10/ 23
FINANCE
Finance
Accountant I/ II 1. 00 0. 00 0. 00 0. 00
Accounting Manager 1. 00 0.00 0. 00 0. 00
Accounting Specialist I/ II/ Technician 5. 00 0. 00 0.00 0. 00 Administrative Technician I/ II 1. 00 1. 00 1. 00 1. 00 Customer Service Representatives I/ II 0. 00 5. 00 5. 00 5. 00 Customer Service Supervisor 0. 00 1. 00 1. 00 1. 00
Deputy Finance Director 1. 00 1. 00 1. 00 0. 00
Director of Finance 1. 00 1. 00 1. 00 1. 00
Finance Manager 1. 00 1. 00 1. 00 1. 00
Management Analyst I/ II 0. 50 2. 00 2. 00 2. 00
Senior Administrative Assistant 1. 00 0. 00 0. 00 0. 00 Senior Customer Service Representative 0. 00 1. 00 1. 00 1. 00 Senior Accountant 0. 00 0. 50 1. 00 1. 00
Senior Management Analyst 1. 00 1. 00 1. 00 1. 00
Tota I 13. 50 14. 50 15. 00 14. 00
FINANCE- Total 13. 50 14. 50 15. 00 14. 00
INFORMATION SYSTEMS
Information Systems
Administrative Assistant I/ II/ III 0. 50 0. 00 0. 00 0. 00 Director of Information Systems 0. 00 1. 00 1. 00 1. 00 Chief Information Officer 1. 00 1. 00 1. 00 1. 00
Information Technology Technician 0. 00 1. 00 0. 00 0. 00 Information Technology Engineer I/ II/ III 3. 00 5. 00 6. 00 6. 00 Management Analyst I/ II 0.00 1. 00 1. 00 1. 00
Tota I 4. 50 9. 00 9. 00 9. 00
INFORMATION SYSTEMS- Total 4.50 9. 00 9. 00 9. 00
COMMUNITY DEVELOPMENT
Planning
Administrative Assistant I/ II/ III 0. 33 0. 33 0. 10 0. 10 Assistant Community Development Director 0. 00 1. 00 0. 00 0. 00 Associate Planner 1. 00 1. 00 1. 00 1. 00
Director of Community Development 1. 00 1. 00 1. 00 1. 00 Executive Assistant 0. 00 1. 00 1. 00 1. 00
Principal Planner 1. 00 0. 00 0. 00 0. 00
Senior Administrative Assistant 1. 00 0. 00 0. 00 0. 00 Senior Planner 0. 00 1. 00 1. 00 1. 00
Total 4. 33 5. 33 4. 10 4. 10
COMMUNITYDEVELOPMENT- Total 4. 33 5. 33 4. 10 4. 10
ATTACHMENT" D"
114
Summary by Department
2022/ 23 2023/ 24 2023/ 24
2022/ 23 Amended Adopted Amended
Adopted 03/ 13/ 23 Budget 07/ 10/ 23
PUBLIC SAFETY
Police
Sworn
Police Chief 1. 00 1. 00 1. 00 1. 00
Police Commander 2. 00 2. 00 2. 00 2. 00
Police Lieutenant 0. 00 1. 00 1. 00 1. 00
Police Officer 24. 00 32. 00 32. 00 32. 00
Police Sergeant 6. 00 6. 00 6.00 6. 00
Total 33. 00 42. 00 42. 00 42. 00
Non- Sworn
Police Forensic Analyst I/ II 0. 00 0. 00 0. 00 0. 00
Police Records Assistant I/ II 0. 00 2. 00 2. 00 2. 00
Police Records Supervisor 0. 00 1. 00 1. 00 1. 00
Property& Evidence Technician 0. 00 1. 00 1. 00 1. 00
Total 0.00 4.00 4.00 4.00
Administration
Management Analyst I/ II 1. 00 1. 00 1. 00 1. 00
Executive Assistant 1. 00 1. 00 1. 00 1. 00
Senior Administrative Assistant 1. 00 0. 00 0. 00 0. 00 Total 3. 00 2. 00 2. 00 2. 00
Community Services Division
Community Services Supervisor 1. 00 1. 00 1. 00 1. 00
Community Services Officer I/ II/ III 3. 00 5. 00 5. 00 5. 00 Administrative Assistant I/ II/ III 0. 50 1. 00 1. 00 1. 00 Animal Center Assistant 0. 00 0. 00 1. 00 1. 00
Animal Shelter Supervisor 0. 00 1. 00 1. 00 1. 00
Animal Services Assistant 1. 00 0. 00 0. 00 0. 00
Total 5. 50 8. 00 9. 00 9. 00
PUBLIC SAFETY- Total 41. 50 56. 00 57. 00 57. 00
PARKS, RECREATION AND MAINTENANCE SERVICES
Parks and Recreation
Administrative Assistant I/ II/ III 2. 00 3. 00 3. 00 3. 00 Director of Parks, Recreation and Maintenance 1. 00 1. 00 1. 00 1. 00 Deputy Director of Parks, Recreation and Maintenance 1. 00 0. 00 0. 00 0. 00 Management Analyst I/ II 1. 25 1. 00 1. 00 1. 00
Recreation Coordinator 3. 00 3. 00 3. 00 3. 00
Recreation Leaders 9. 45 9. 45 9. 45 9. 45
Recreation Manager 0. 00 1. 00 1. 00 1. 00
Recreation Supervisor 1. 00 2. 00 2. 00 2. 00
Senior Accountant 0. 00 0. 25 0. 00 0. 00
Senior Administrative Assistant 0.00 1. 00 1. 00 1. 00
Senior Recreation Leaders 5. 35 7. 00 5. 00 5. 00
Total 24. 05 28. 70 26. 45 26. 45
ATTACHMENT" D"
115
Summary by Department
2022/ 23 2023/ 24 2023/ 24
2022/ 23 Amended Adopted Amended
Adopted 03/ 13/ 23 Budget 07/ 10/ 23
Maintenance Services
Landscape and Irrigation Specialist 0. 00 1. 00 1. 00 1. 00 Maintenance Services Supervisor 1. 00 1. 00 1. 00 1. 00 Maintenance Worker I/ II/ III 9. 00 9. 00 5. 00 5. 00
Parks and Facilities Manager 0. 00 0. 00 0. 00 0. 00
Parks and Recreation Supervisor 0. 00 0. 00 1. 00 1. 00 Senior Recreation Leaders 0. 00 0. 00 2. 00 2. 00
Tota I 10. 00 11. 00 10. 00 10. 00
PARKS, RECREATION AND MAINTENANCE- Total 34. 05 39. 70 36. 45 36.45
BUILDING SAFETY AND INSPECTIONS
Building
Administrative Assistant I/ II/ III 0. 33 0. 33 0. 60 0. 60 Assistant City Manager 0. 00 0. 32 0. 32 0. 32
Building Inspector I/ II/ III 2. 00 3. 00 3. 00 3. 00
Chief Building Official 1. 00 1. 00 1. 00 1. 00
Management Analyst I/ II 0. 00 0. 00 1. 00 1. 00
Permit and Plan Check Supervisor 1. 00 1. 00 1. 00 1. 00 Permit Technician I/ II/ III 2. 00 4.00 3. 00 3. 00
Total 6. 33 9. 65 9. 92 9. 92
BUILDING SAFETY AND INSPECTIONS- Total 6. 33 9. 65 9. 92 9. 92
PUBLIC WORKS
Public Works
Administrative Assistant I/ II/ III 2. 34 2. 34 3. 30 3. 30 Assistant City Manager 0. 00 0. 43 0. 43 0. 43
Assistant Engineer 1. 00 3. 00 3. 00 3. 00
Associate Engineer 1. 00 1. 00 1. 00 1. 00
City Engineer 0. 85 1. 00 1. 00 1. 00
Compliance Engineer 0. 00 0. 00 1. 00 1. 00
Construction Inspector I/ II/ III 3. 00 3. 00 3. 00 3. 00 Construction Superintendent 1. 00 1. 00 1. 00 1. 00
Director of Public Works 1. 00 0. 00 0. 00 0. 00
Electrician/ Instrument Technician 0. 00 0. 00 1. 00 1. 00 Executive Assistant 1. 00 1. 00 1. 00 1. 00
Maintenance Worker I/ II/ III 0. 00 0. 00 3. 00 3. 00
Management Analyst I/ II 0. 25 1. 00 1. 00 1. 00
Meter Reader I/ II 1. 00 2. 00 2. 00 2. 00
Senior Accountant 0.00 0. 25 0. 00 0. 00
Senior Administrative Assistant 1. 00 0. 00 0. 00 0. 00 Senior Civil Engineer 1. 00 2. 00 2. 00 2. 00
ATTACHMENT" D"
116
C ' '
Summary by Department
2022/ 23 2023/ 24 2023/ 24
2022/ 23 Amended Adopted Amended
Adopted 03/ 13/ 23 Budget 07/ 10/ 23
Senior Construction Manager 1. 00 1. 00 1. 00 1. 00
Streets and Maintenance Operation Manager 0. 00 1. 00 1. 00 1. 00 Utility Operations Superintendent 1. 00 1. 00 1. 00 1. 00 Utility Operator I/ II/ III 6. 00 6. 00 7. 00 7. 00
Utility Plant Supervisor 1. 00 1. 00 1. 00 1. 00
Total 24. 44 28. 02 34. 73 34. 73
PUBLIC WORKS- Total 24. 44 28. 02 34. 73 34. 73
ATTACHMENT" D" 117
118
ITEM 4. 6
CITY MANAGER' S REPORT
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF OUT- OF- STATE TRAVEL FOR TWO ( 2)
LATHROP POLICE DEPARTMENT SCHOOL RESOURCE
OFFICERS TO ATTEND THE G. R. E. A. T OFFICER
TRAINING IN 7ULY 2023
RECOMMENDATION: Adopt Resolution Approving Out- of-State Travel for Two ( 2) Lathrop Police Department School Resource
Officers to Attend the Gang Resistance Education
and Training ( G. R. E. A. T) Officer Training in
Scottsdale, Arizona from 7uly 24, 2023 to 7uly 28,
2023
SUMMARY:
The G. R. E. A. T. Program is a nationally recognized initiative that focuses on preventing and reducing gang involvement and delinquency among young people.
The Lathrop Police Department firmly believes that this program offers the most comprehensive and effective approach to address the evolving challenges of today' s youth which involves gang activity, bullying, peer pressure, managing anger, and decision making. Additionally, the G. R. E. A. T Program also focuses on providing life skills, developing problem solving skills, promoting positive relationships with law enforcement, and strengthening healthy behaviors which provides the student the skills to not resort to delinquent behavior, gang membership, and violence.
In order for our law enforcement officers to be certified to teach any of the G. R. E. A. T curricula, they are required to successfully complete the G. R. E. A. T Officer Training.
Lathrop Police Department has identified two ( 2) School Resource Officers ( SRO) to teach the G. R. E. A. T Program in the upcoming school year.
The G. R. E. A.T Officer Training will take place in Scottsdale, Arizona. The cost for two 2) School Resource Officers to attend the G. R. E. A. T Officer Training is $ 4, 600. There are sufficient funds in the Lathrop Police Department' s training budget to cover the cost of the training.
Staff recommends City Council approve the out- of- state travel for two ( 2) School Resource Officers to attend the G. R. E. A. T Officer Training in Scottsdale, Arizona from July 24, 2023 to July 28, 2023.
BACKGROUND:
The G. R. E. A. T. Program is a nationally recognized initiative that focuses on preventing and reducing gang involvement and delinquency among young people.
The Lathrop Police Department firmly believes that this program offers the most comprehensive and effective approach to address the evolving challenges of our 119
CITY MANAGER' S REPORT PAGE 2
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
APPROVAL OF OUT- OF- STATE TRAVEL FOR TWO ( 2) LATHROP POLICE DEPARTMENT SCHOOL RESOURCE OFFICERS TO ATTEND THE G. R. E. A. T OFFICER TRAINING IN ) ULY 2023
youth within the Lathrop community. For our law enforcement officers to be certified to teach any of the G. R. E. A. T curricula, they are required to successfully complete the G. R. E. A. T Officer Training.
There are two G. R. E. A. T trainings offered this year with one in Louisville, Kentucky and the other in Scottsdale, Arizona. The Lathrop Police Department has identified two ( 2) School Resource Officers ( SRO) to teach the G. R. E. A. T Program in the upcoming school year and is requesting approval from Council for the SROs to attend the training in Scottsdale, Arizona on July 24, 2023 through July 28, 2023. This training will equip and enable them to teach the G. R. E. A. T Program and will cover various aspects of gang resistance education, including conflict resolution, decisionmaking skills, and positive youth development strategies.
Attending this out- of-state training is crucial for our SROs to acquire the necessary knowledge and skills to effectively engage with students, identify early signs of gang involvement, and implement prevention strategies. The G. R. E. A.T. Officer Training provides our officers with the tools and resources needed to establish meaningful connections with students, foster positive relationships, and guide them towards making responsible choices.
The cost for two ( 2) School Resource Officers to attend the G. R. E. A. T Officer Training is $ 4, 600. There are sufficient funds in the Lathrop Police Department' s training budget to cover the cost of the training.
REASON FOR RECOMMENDATION:
For our law enforcement officers to be certified to teach any of the G. R. E. A. T curricula, they are required to successfully complete the G. R. E. A. T Officer Training.
To be able to teach the G. R. E. A. T Program in the upcoming school year, staff recommends City Council approve the out-of-state travel for two ( 2) School Resource Officers to attend the G. R. E. A.T Officer Training in Scottsdale, Arizona from July 24, 2023 to July 28, 2023.
FISCAL IMPACT:
The cost for two ( 2) School Resource Officers to attend the G. R. E. A. T Officer Training is $ 4, 600. There are sufficient funds in the Lathrop Police Department' s training budget to cover the cost of the training.
ATTACHMENTS:
A. Resolution Approving Out- of- State Travel for Two ( 2) Lathrop Police Department School Resource Officers to Attend the Gang Resistance Education and Training ( G. R. E. A. T) Officer Training in Scottsdale, Arizona from July 24, 2023 to ) uly 28, 2023
120
CITY MANAGER' S REPORT PAGE 3
7ULY 10, 2023 CITY COUNCIL REGULAR MEETING
APPROVAL OF OUT- OF- STATE TRAVEL FOR TWO ( 2) LATHROP POLICE DEPARTMENT SCHOOL RESOURCE OFFICERS TO ATTEND THE G. R. E. A. T OFFICER TRAINING IN ] ULY 2023
APPROVALS:
Z
aymond Bechler Date
Chief of Police
l. l.
Cari Jam s Date
Finance D' r ctor
z -~ - 3
Salvador Navarrete Date
City Attorney
o2'?•Z3
St en J. Salvatore Date
City Manager
121
RESOLUTION NO. 23 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING OUT- OF- STATE TRAVEL FOR TWO ( 2) LATHROP POLICE SCHOOL
RESOURCE OFFICERS TO ATTEND THE GANG RESISTANCE EDUCATION AND TRAINING ( G. R. E. A.T) OFFICER TRAINING IN SCOTTSDALE, ARIZONA FROM 7ULY 24, 2023 TO 7ULY 28, 2023
WHEREAS, the G. R. E. A. T. Program is a nationally recognized initiative that focuses on preventing and reducing gang involvement and delinquency among young people; and
WHEREAS, the Lathrop Police Department firmly believes that this program offers the most comprehensive and effective approach to address the evolving challenges of today' s youth which involves gang activity, bullying, peer pressure, managing anger, and decision making; and
WHEREAS, for our law enforcement officers to be certified to teach any of the G. R. E. A.T curricula, they are required to successfully complete the G. R. E. A. T Officer Training; and
WHEREAS, there are two G. R. E. A.T trainings offered this year with one in Louisville, Kentucky and the other in Scottsdale, Arizona; and WHEREAS, the Lathrop Police Department has identified two ( 2) School Resource Officers ( SRO) to teach the G. R. E. A. T Program in the upcoming school year and is requesting approval from Council for the SROs to attend the G. R. E. A.T Officer Training in Scottsdale, Arizona; and
WHEREAS, attending this out- of- state training is crucial for our SROs to acquire the necessary knowledge and skills to effectively engage with students, identify early signs of gang involvement, and implement prevention strategies; and WHEREAS, the cost for two ( 2) School Resource Officers to attend the G. R. E. A. T OfficerTraining is $ 4, 600. This includes the registration, hotel and per diem for two ( 2) School Resource Officers; and
WHEREAS, there are sufficient funds in the Lathrop Police Department' s training budget to cover the cost of the training; and
WHEREAS, as required by City policy, any out- of- state travel requires Council approval; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the out- of- state travel for two ( 2) School Resource Officers to attend the G. R. E. A. T Officer Training in Scottsdale, Arizona from July 24, 2023 to July 28, 2023.
122
The foregoing resolution was passed and adopted this lOth day of July 2023, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 123
124
ITEM 4. 7
CITY MANAGER' S REPORT
ULY 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A PROFESSIONAL SERVICES AGREEMENT
WITH SOLID NETWORKS INC. FOR INFORMATION
TECHNOLOGY MAINTENANCE AND SUPPORT
SERVICES
RECOMMENDATION: Adopt a Resolution Approving a Professional Services Agreement with Solid Networks, Inc. for
Information Technology Maintenance and Support
Services
SUMMARY:
Solid Networks has been providing the City with Information Technology Maintenance and Support Services for over ten ( 10) years. They have installed and configured most of the City' s technical systems and have exclusive security network access to servers and other network devices. The engineers from Solid Network possess higher level certification and certification for the hardware that the City staff does not yet possess.
The current Agreement for Information Technology Maintenance and Support Services expired on June 30, 2023. Staff recommends Solid Networks to continue managing the City' s technical systems, because the City' s Information Technology Department needs on- going support to manage the specialized high- tech systems that require certified engineering.
Tonight staff is requesting that Council approve a thirty- six ( 36) month term Agreement with Solid Networks for Technical Maintenance and Support Services for an amount not- to- exceed $ 410, 220. The funds for Fiscal Years 23/ 24, 24/ 25 have been included in the biennial budget approved by City Council on June 14th, 2023.
BAC KG ROU N D:
For over a decade Solid Networks has installed, configured, updated, expanded and co- managed the network systems for the City of Lathrop. This vendor possesses exclusive network security access, the capability to monitor the City' s technical system non- stop and is very familiar with the City' s network systems. Staff is content with the level of knowledge and services provided by Solid Networks.
In ] uly 2020, the City entered into an Agreement with Solid Networks for Technical Maintenance and Support Services for a term of thirty- six ( 36) months. The Agreement expired on ) une 30, 2023. The Information Systems Department ( ISD) requires on- going support to manage the specialized equipment that City Engineers are not yet certified for and of the City' s technical systems. Located roughly twenty 125
CITY MANAGER' S REPORT PAGE 2
ULY 10, 2023 CITY COUNCIL REGULAR MEETING
SOLID NETWORKS PROFESSIONAL SERVICES AGREEMENT WITH SOLID NETWORKS INC. FOR INFORMATION TECHNOLOGY MAINTENANCE AND
SUPPORT SERVICES
20) minutes from City Hall, allows for prompt response to critical and/ or emergency information technology related events.
At staff request, Solid Networks submitted a proposal for a thirty- six ( 36) month term with services and fee billed on a per monthly basis for a monthly cost as shown in Table 1 and set forth in Exhibit A" to the agreement. The cost in technical maintenance and support services has increased in comparison to the current agreement cost of $ 266, 958 is primarily due to the additional hardware installed as well as installed the inflationary condition of the economy, within the last three ( 3) years, to the City' s technology infrastructure. The ISD department has grown significantly in the last three years and supports approximately two- hundred and sixty ( 260) users, five- hundred ( 500) computers with network accounts, onehundred and eighty ( 180) Servers, and one- hundred and twenty- five ( 125) network devices. This vast support ISD is able to provide is facilitated by the support Solid Networks is able to provide.
Table 1.
Term Monthl Cost Annual Cost
Term 1 FY 23/ 24 10, 395 124, 740
Term 2 ( FY 24/ 25) 11, 395 136, 740
Term 3 FY 25/ 26 12, 395 148, 740
Total Cost 410,220
If the proposed agreement is approved, Solid Networks will continue to perform the on- going technical maintenance and support services required by the Information Technology Department at cost of$ 10, 395 per month for the first twelve ( 12) months and at a cost listed above for subsequent periods through the fiscal year 25/ 26.
Therefore, Staff recommends Council approval of an agreement to allow Solid Networks to continue managing the City' s technical systems.
REASON FOR RECOMMENDATION:
The original agreement with Solid Networks expired on June 30, 2023. The Information Technology Department requires on- going technical maintenance and support specialized in technology equipment that requires certifications that they City staff does not possess and support services to maintain the City' s technical systems. 126
CITY MANAGER' S REPORT PAGE 3
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
SOLID NETWORKS PROFESSIONAL SERVICES AGREEMENT WITH SOLID NETWORKS INC. FOR INFORMATION TECHNOLOGY MAINTENANCE AND
SUPPORT SERVICES
FISCAL IMPACT:
The funds for FY 23/ 24 and FY 24/ 25 services are budgeted and available in the Information Technology budget
ATTACHMENTS:
A. Resolution of the City Council of the City of Lathrop Approving the Professional Services Agreement with Solid Networks, Inc. for Professional Information Technology Maintenance and Support Services
B. Agreement with Solid Networks, Inc. for Professional Information Technology Maintenance and Support Services
127
CITY MANAGER' S REPORT PAGE 4
JULY 10, 2023 CITY COUNCIL REGULAR MEETING
SOLID NETWORKS PROFESSIONAL SERVICES AGREEMENT WITH SOLID NETWORKS INC. FOR INFORMATION TECHNOLOGY MAINTENANCE AND SUPPORT
SERVICES
APPROVALS:
6 ' Q- , 0. 3
y
Fernandes Date
Infor ation Systems Director
a
Cari Ja e Date
Director o inance
P • 30 23
Michael King Date
Assistant City Manager
Z• o L3
Salvador Navarrete Date
City Attorney
Z,7J
Stephen Salvatore Date
City Manager
128
RESOLUTION NO. 23 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH SOLID NETWORKS, INC. FOR INFORMATION TECHNOLOGY MAINTENANCE
AND SUPPORT SERVICES
WHEREAS, in July 2020, the City entered into an Agreement with Solid Networks for Technical Maintenance and Support Services and the Agreement expired on June 30, 2023; and
WHEREAS, the City' s Information Technology Department needs on- going support to manage the specialized high- tech conditions of the City' s technical systems; and
WHEREAS, Solid Networks installed and configured most of the City' s technical systems and is well- versed with the City' s hardware and software; and WHEREAS, StafF is content with the level of knowledge and services provided by Solid Networks; and
WHEREAS, this vendor has exclusive access to the City' s network systems and the capability to monitor the City' s technical system 24/ 7; and WHEREAS, at staff request, Solid Networks submitted a proposal for a thirtysix ( 36) month term with services and fee billed on a per monthly basis for a monthly cost for an annual expense of $ 124, 740 for the first year, $ 136, 740 for the second year and $ 148, 740 for the third year, for a total sum of $ 410, 220.; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve the Professional Services Agreement with Solid Network, Inc. for Information Technology Maintenance and Support Services. 129
The foregoing resolution was passed and adopted this lOt" day of July 2023, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 130
Attachment B
CITY OF LATHROP
AGREEMENT WITH SOLID NETWORKS, INC. FOR PROFESSIONAL
INFORMATION TECHNOLOGY MAINTENANCE AND SUPPORT
SERVICES
FOR CO- MANAGEMENT OF SERVERS, NETWORK, VIRTUAL
ENVIRONMENT AND STORAGE AREA NETWORK
THIS AGREEMENT, dated for convenience this day of July, 2023 is by and between Solid Networks (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Information Technology Maintenance and Support Services, which are required by this agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Information Technology Maintenance and Support Services, as hereinafter defined, on the following terms and conditions;
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service.
CONSULTANT agrees to perform Co- Management of Servers, Network, Virtual Environment and Storage Area Network, in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction.
2) Compensation.
CITY hereby agrees to pay CONSULTANT a sum not to exceed 410 220 for CoManagement of Servers, Network, Virtual Environment and Storage Area Network as set forth in Exhibit " A".
Year 1 ( FY 23/ 24) ..................... $ 10,395 per month ($ 124,740 annual) Year 2 ( FY 24/ 25) ..................... $ 11, 395 per month ($ 136, 740 annual) Year 3 ( FY 25/ 26) ..................... $ 12, 395 per month ($ 148, 740 annual)
131
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT
SOLID NETWORKS, INC. FOR CO- MANAGEMENT OF SERVERS, NETWORK,
VIRTUAL ENVIRONMENT AND STORAGE AREA NETWORK
CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work.
3) Effective Date and Term.
The effective date of this Agreement is July 1, 2023, and it shall terminate no later than June 30, 2026 ( which includes fiscal years ending June 30, 2024, 2025, and 2026). Renewal of this contract after the first three ( 3) fiscal years of this agreement shall be based upon the agreement of the parties at that time. 4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit " A" to City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY. 5) Billinqs
CONSULTANT' S bills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reportinq
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
132
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT
SOLID NETWORKS, INC. FOR CO- MANAGEMENT OF SERVERS, NETWORK,
VIRTUAL ENVIRONMENT AND STORAGE AREA NETWORK
7) Assiqnment of Personnel
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request.
The services shall be performed by, or under the direct supervision, of CONSULTANT' s Authorized Representative: Joe Cram, CONSULTANT shall not replace its Authorized Representative without the prior written approval by the CITY.
8) Assiqnment and Subcontractinq
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.
CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars. In the alternative, CONSULTANT may rely on a selfinsurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the