CITY OF LOS ALAMITOS
Via videoconference
Participation via Phone: (301) 715-8592
Meeting ID: 823 6820 3706
CITY COUNCIL AGENDA
REGULAR MEETING
Tuesday, January 18, 2022 – 6:00 p.m.
SAFETY ALERT – NOTICE REGARDING COVID-19
Due to COVID-19, the above meeting of the City of Los Alamitos City Council will be conducted by videoconference pursuant to the provisions of the Governor’s Executive Orders N-25-20 and N-29-20. The public may access the meeting electronically or telephonically.
Pursuant to Executive Orders and given the current health concerns, members of the public may not attend the meeting in person. Members of the public can access the meeting by phone by dialing +1 (301) 715-8592 and enter the Meeting ID: 823 6820 3706. Your microphone will be disabled upon entry for the duration of the meeting.
The public can submit comments to [email protected] with the subject line “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment) or “PUBLIC COMMENT NON-AGENDA ITEM.” Comments received by 3:00 p.m. will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read email comments at the meeting but the official record will include all email comments received until the close of the meeting.
Members of the public wishing to verbally deliver comments via the telephone conference can submit their requests to [email protected] until the start of Oral Communications. The City Clerk will compile a list of speakers who have indicated a desire to speak. Before the close of the meeting, the City Clerk will announce each speaker, enable the speaker’s microphone, and begin the three minute timer. The speaker’s microphone will automatically be disabled at the end of three minutes.
NOTICE TO THE PUBLIC – This Agenda contains a brief general description of each item to be considered. Except as provided by law, action or discussion shall not be taken on any item not appearing on the agenda. Supporting documents, including staff reports, are available for review at City Hall in the City Clerk’s Office or on the City’s website at www.cityoflosalamitos.org once the agenda has been publiclyposted.
Each matter on the agenda, no matter how described, shall be deemed to include any appropriate motion, whether to adopt a minute motion, resolution, payment of any bill, approval of any matter or action, or any other action. Items listed as “for information” or “for discussion” may also be the subject of an “action” taken by the City Council at the same meeting.
Any written materials relating to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection online at www.cityoflosalamitos.org.
It is the intention of the City of Los Alamitos to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee, or a participant at this meeting, you will need special assistance beyond what is normally provided, please contact the City Clerk’s Office at (562) 431-3538, extension 220, 48 hours prior to the meeting so that reasonable arrangements may be made.
City Council Regular Agenda
January 18, 2022
1. CALL TO ORDER
2. ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Bates
Council Member Chirco
Council Member Nefulda
3. PLEDGE OF ALLEGIANCE
Council Member Nefulda will lead the Pledge of Allegiance.
4. INVOCATION
Council Member Chirco will give the Invocation.
5. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak on any item within the subject matter jurisdiction of the City Council. Remarks are to be limited to not more than five minutes per speaker.
6. COUNCIL ANNOUNCEMENTS
At this time, Council Members may also report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken except to provide Staff direction to report back or to place the item on a future Agenda.
7. ITEMS FROM THE CITY MANAGER
8. WARRANTS
Ratify the Warrants for the period from December 6, 2021 to January 3, 2022 in the amount of $842,443.09.
ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Bates
Council Member Chirco
Council Member Nefulda
9. CONSENT CALENDAR
All Consent Calendar items may be acted upon by one motion unless a Council Member requests separate action on a specific item.
ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Bates
City Council Regular Agenda
January 18, 2022
Council Member Chirco
Council Member Nefulda
A. Approval of Minutes (City Clerk)
Approve the City Council Adjourned Regular Minutes of December 13, 2021.
B. Adoption of the Legislative Action Plan (City Clerk) The Legislative Action Plan develops a framework and reference guide for legislative positions and objectives that provide advocacy and engagement guidelines for City Council and Staff to effectively participate in the legislative process.
Recommendation: Adopt Resolution 2022-02, entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, APPROVING THE LEGISLATIVE ACTION PLAN.”
C. Annual Update of the Records Management Program (City Clerk) In October 2015, the City Council adopted the City-wide Records Management Program. Part of this Program included a day dedicated to records management and annual updates to the retention schedule. This item recommends changes to the policy to ensure continued success of the program.
Recommendation: Adopt Resolution 2022-01, entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA,
ADOPTING A RECORDS MANAGEMENT PROGRAM AND REPEALING
RESOLUTION NO. 2021-02 IN ITS ENTIRETY”.
D. 2022 Budget Calendar (Finance)
This report proposes a tentative schedule for the 2022 budget calendar.
Recommendation: Receive and file.
E. Community Development Block Grant (CDBG) Project Application (Development Services)
This report seeks City Council approval for the Fiscal Year 2022-2023 Community Development Block Grant (CDBG) project application to the County of Orange. The application was submitted on January 5, 2022 and a resolution of approval is due prior to the grant award.
Recommendation:
1. Adopt Resolution No. 2022-03, entitled, “A RESOLUTION OF THE City Council Regular Agenda
January 18, 2022
CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA
APPROVING THE CITY’S PARTICIPATION IN THE FISCAL YEAR
2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM WITH THE COUNTY OF ORANGE”; and,
2. Authorize the City Manager to execute all CDBG program documents for Fiscal Year 2022/2023 and appropriate amendments, if any, as they become available.
F. Award of Bid for the Purchase of One (1) Mobile Performance Stage (RFP 2021-10) (Development Services)
This report recommends awarding a bid for purchase of One (1) Mobile Performance Stage.
Recommendation:
1. Authorize the one time purchase of one (1) Mobile Performance Stage to Astra Stage, LLC, in the amount of $51,395, and;
2. Allocate funds from the American Rescue Plan Act (ARPA) funding for the purchase of a mobile performance stage in the amount of $51,395.00.
G. Memorandum of Understanding with Los Alamitos Police Officers’ Association (Administration)
This Resolution adopts a three-year Memorandum of Understanding (MOU) with the Los Alamitos Police Officers Association (POA), effective July 1, 2021 through June 30, 2024.
Recommendation: Adopt Resolution No. 2022-04, entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, TO APPROVE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LOS ALAMITOS AND THE
LOS ALAMITOS POLICE OFFICERS’ ASSOCIATION THROUGH JUNE
30, 2024”.
10. DISCUSSION ITEM
A. Approval of Employment Agreement for Police Chief (Administration) This report seeks approval of a new Employment Agreement for the position of Police Chief with Mr. Michael Claborn.
Recommendation: Authorize the City Manager to execute the new Employment Agreement between the City of Los Alamitos and Michael Claborn for Police Chief services.
City Council Regular Agenda
January 18, 2022
ROLL CALL
Mayor Hasselbrink
Mayor Pro Tem Doby
Council Member Bates
Council Member Chirco
Council Member Nefulda
11. ADJOURNMENT
The City Council will adjourn to Monday, February 28, 2022.
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the Los Alamitos City Hall, 3191 Katella Ave. and online at www.cityoflosalamitos.org not less than 72 hours prior to the meeting.
Windmera Quintanar, MMC, City Clerk
Dated: January 12, 2022
CITY OF LOS ALAMITOS
A/P Warrants
JANUARY 18, 2022
To Ratify
Pages:
1 $ 62,400.00 Advanced Warrant 12/06/2021
242 $ 183,677.93 Warrant 12/15/2021
13 $ 9,807.39 January Retirees 01/03/2022
14 $ 175,411.42 Payroll 12/10/2021
15 $ 91,778.13 Benefits & Withholdings 12/10/2021
16 $ 161,829.96 Payroll 12/23/2021
17 $ 157,538.26 Benefits & Withholdings 12/23/2021
Grand Total $ 842,443.09
The attached Warrant Register containing checks and electronic funds transfers for the period from December 06, 2021 to January 3, 2022, is being presented for ratification by the City Council. The expenditures noted within this Warrant Register conform to the budget approved by the City Council. The Director of Finance certifies to the accuracy of the attached register and to the availability of monies for payment thereof.
Statement:
I hereby certify that the claims or demands covered by the forgoing listed warrants have been audited as to accuracy and availability of funds for payment thereof.
Certified by Craig Koehler, Finance Director
this 5th a,ary, 2022
Item No. 8
VENDOQ. SORT KEY
CASA YOUTH SHELTER
FOOD FINDERS, INC_
GRATEFUL HEARTS STOREHOUSE, INC_
ST_ JEANNE, DE LESTONNAC FREE CLINIC
liAREUINT 12/0€/2021
DESCRIPTION FUND
NON-PROFIT FOOD GRANT DIST GENERAL FUND
NON-PROFIT FOOD GRANT DIST GENERAL FUND
NON-PROFIT FOOD GR1UIT DIST GENERAL FUND
NON-PROFIT FOOD GaANT DIST GENEllL FUND
SUMMER HllRVEST - FOOD FOR RIDS, INC_ NON-PROFIT FOOD' GQANT DIST GENERAL FUND
TRANSITIONS IN MOTHERHOOD
D, CARE• OF LOS ALllHITOS, INC_
Tim YOUTH CENTER
NON-PROFIT FOOD GRANT �IST GENERAL FUND
NON-PROFIT FOOD GRANT DIST GBNERAL FUND
NON-PROFIT FOOD GRANT DIST GENERAL FUND
======= FUND TOTALS=======
10 GENERAL FUND
------------- GrulND TOTAL:
------· --------
€2,, 400_00
6:2,400_00
DEPARnmNT
NON-DEPARTMENTAL
TOTAL:
NON-DEPARTMENTAL
TOTAL:
NON-DEPARTMENTAL
TOTAL:
NON-DEPA!lTMENTAL
TOTAL:
NON'-DEPAR'IMENTAL
TOTAL:
NON-DEPARTMENTAL
TOTAL:
NON-DEPJIRTMENTAL
TOTAL:
NON-DEPARnmNTAL
TOTAL:
AMOUNT
7,800_00
7,800.00
7.800_00
7,800_00
7.800.00
7,800.00
7,800.00
7,800_00
7.800_00
7,800_00
7. 800'_00
7,800_00
7.800.00
7,800_00
7.800_00
7,800_00
'JENOOR_SORT Ke:Y
24/7 EVENT SERVICES, ING.
A I.A WAFFLE, INC.
SHIDEH RAIS ROHANI
ALL AMERICAN SIGN COMPANY
l'.LLIANT INSUe.ANGE SEilVICES, ING.
ANIMAL PEST MANAGEMENT SEil.VICES
SEA SALTY ING.
BAR.l3A.tA BAllNEBHAN
LGRil. MEDICAL GOil.PO:il.ATION
BIG TOP RENTALS
BORDIN SEMMSR, LLP
CALIFORNIA FORENSIC PHLEBOTOMY, ING.
CALIFORNIA. PARK & REG SOCIETY
CANON FINANCIAL SEil.VIGE:S, INC_
.JHH SUPPLY, ING.
CHAil.LES ABBOTT ASSOCIA'.I'SS, ING.
COUNTY OF ORANGE TREASUREil.-TJIX
'il'llR.RANT l.2/l.5/20·2l.
DESCRIPl'.'ION FUND DEPARTMENT
SECURITY AT OAK FIELD GENERAL FUND SPORTS
TOTAL:
REIMBURSEMENT - LOS AL BUG 11.MElUCAN RESCUE PL INVALID DEPARTMENT TOTAL:
REIMBURSHENT- LOS AL BUCKS AHE.IUCAN RESCUE PL INVALID DEPARTMENT TOTAL:
REFLECTIVE DIGITAL PARKING GENERAL FUND
LIABILITY INSURANCE 21J2J. GENERAL FUND
GOPHER CONTROL PARKS- l.l./2 GENERAL FUND
POLICE ADMINISTRATION
TOTAL:
COMMUNITY SERVICSS
TOTAL:
PARK MAINTENANCE
TOTAL:
RE.IHBUREMBNT- LOS AL BUCKS 1\HEIHCAN RESCUE. PL INVALID DEPARTMENT TOTAL:
YOGA. WI'IH BARBARA l.0/2€ GENERAL FUND SPECIAL GLASSES YOGA WI'IH BARElARA l.l./02 GENERAL FUND SPECIAL CLASSES YOGA WI'IH BARBARA l.l./09 GENERAL FUND SPECIAL CLASSES
YOGA 'HI'IH BARBARA GBNERAL FUND SPECIAL CLASSES
TOTAL·:
REIHBRSEHENT- LOS AL BUCKS .llHERICAN RESCUE; PL INVllLID DEPARTMENT TOTAL:
'HINTER WONDEil.LAND STAGE/CA. GENERAL FUND SPECIAL EVENTS TOTAL:
NY HBARINE, VS. LOS AL t:l.0 SELF INSURANCE TRU INSUIUINGE Ke:ENAN & ASSOC. ASO LAUSD SELF INSURANCE 1'.RU INSURANCE 5- BLOOD Dil.AWS GENERAL FUND
MEMBERSHIP- EMELINE NODA GENERAL FUND
TOTAL:
PATROL
TOTAL:
RECREATION ADHINIST.ulT
TOTAL:
AMOUNT
875.00
875.00
300.00
300.00
l.l.l.0.00
1,l.l.0.00
E5.50
€5.50
l.94.00
l.94 .00
490.00
490.00
300.00
300.00
9.75 9.75
9.75 395.85
425.10
50.00 50.00
5,509.41
5,509.41
l.,92l..34
1,€40.00
3, 5€1.34
€47.70
€47.70
570.00
570.00
COPIER USAGE AND CON1'.il.ACT GBNERAL FUND Rl!GR.EATION ADMINISTAAT 4l.4.02 WEED ABATEMENT FO.t Mri:DIAN GENERAL FUND
IRil.IGATION SOLAR SOLENIODS GENERAL FUND
'HQMP REVIEW SVCS.10/2021
FAIRFIELD FOR RAE B!!IMER
GEtlERAL FUND
GENERAL FUND
NPDES INSPEG. SVCS .. l.0/202 GENERAL FUND
OCATS- 11/2021 GENl!:RAL FUND
Page2
TOTAL: 414.02
STREET MAINTENANCE
PARK MAINTENANCE
TOTAL:
NON..:DEPARTHENTAL
NON-DEPARTMENTAL
NPDES
TOTAL:
COMHIJNICATIONS TECHNOL
l.l.7.84
24€.04
3€3.88
942.50
290.00
552.00
1,784.50
1,273.33
MINUTES OF THE CITY COUNCIL
OF THE CITY OF LOS ALAMITOS
ADJOURNED REGULAR MEETING – December 13, 2021
1. CALL TO ORDER
The City Council met in Adjourned Regular Session at 5:35 p.m., Monday, December 13, 2021, in the Council Chamber located at 3191 Katella Ave., Los Alamitos, CA 90720, Mayor Chirco presiding.
2. ROLL CALL
Present: Council Members: Bates, Doby, Nefulda,
Mayor Pro Tem Hasselbrink, Mayor Chirco
Absent: Council Members: None
Present: Staff: Chet Simmons, City Manager
Wayne Byerley, Police Captain
Michael Daudt, City Attorney
Craig Koehler, Finance Director
Emeline Noda, Recreation and Community Services Director Ron Noda, Acting Deputy City Manager
Eric R. Nunez, Police Chief
Windmera Quintanar, MMC, City Clerk
Ron Roberts, Orange County Fire Authority Battalion Chief Chelsi Wilson, Executive Coordinator
3. CLOSED SESSION
A. PUBLIC EMPLOYEE APPOINTMENT
Title: Chief of Police
Authority: Government Code Section 54957
City Attorney Daudt read the item aloud.
RECESS
The City Council recessed into Closed Session at 5:36 p.m.
RECONVENE
The City Council reconvened in Adjourned Regular session at City Attorney Daudt stated there was no reportable action.
4. PLEDGE OF ALLEGIANCE
Council Member Doby led the Pledge of Allegiance.
5. INVOCATION
Council Member Bates gave the Invocation.
City Council Adjourned Regular Minutes
December 13, 2021
6. PRESENTATIONS
A. Presentations to Mayor Mark A. Chirco from Outside Agencies for his Service as Mayor in 2021
Mayor Chirco received certificates from the following agencies:
• Senator Tom Umberg’s Office
• Assembly Member Janet Nguyen’s Office
• Los Alamitos Unified School District
• Chamber of Commerce
• Joint Forces Training Base
B. Presentations of Certificates of Recognition to My City My Los Al Partnership Program Sponsors
Mayor Chirco recognized the following partners:
• Long Beach Medical Center and Miller Children’s & Women’s Hospital (Title Sponsor)
• Financial Partners Credit Union (Star Sponsor)
• Los Alamitos Senior Club (Supporter Sponsor)
12. SPECIAL ORDERS OF THE DAY
B. Presentations to Mayor Chirco from the City for his Tenure as Mayor Mayor Pro Tem Hasslebrink and the City Council spoke briefly regarding Mayor Chirco’s service and presented him with a plaque for his service.
7. ORAL COMMUNICATIONS
At this time, any individual in the audience may come forward to speak on any item within the subject matter jurisdiction of the City Council. Remarks are to be limited to not more than five minutes per speaker.
None.
8. COUNCIL ANNOUNCEMENTS
At this time, Council Members may also report on items not specifically described on the Agenda that are of interest to the community, provided no action or discussion is taken except to provide Staff direction to report back or to place the item on a future Agenda.
Council Member Nefulda spoke regarding attendance at Winter Wonderland.
Council Member Bates spoke regarding Los Al Bucks program, Chamber Holiday Breakfast, and correspondence from the Orange County Sherriff’s Office outlining current issues.
City Council Adjourned Regular Minutes
December 13, 2021
Council Member Doby spoke regarding attendance at the Orange County Council of Governments General Assembly, State of the District, open house for Marina Skin Care, Human Relations Committee, Orange County Mosquito and Vector Control District Board meeting, ribbon cutting for Garage Palates, open house for Casa Youth Shelter, and the Chamber Holiday Breakfast. She gave recommendations for Gourmet Pie company and Dr. Barrow orthodontics and stated support for the holiday median decorations.
Mayor Pro Tem Hasselbrink spoke regarding attendance at the State of the District, Winter Wonderland, Gypsum Canyon Veteran Cemetery Flag Raising event. She congratulated Council Member Doby for being named Hero of the Heart for Rossmoor Elementary. She spoke in favor of the grant funding distributed to local nonprofits by the City to combat food insecurities during the pandemic. She requested the meeting be adjourned in honor of Gene Petrini.
Mayor Mark Chirco spoke regarding attendance at the Orange County Sanitation District Administration Committee meeting and Board of Directors meeting, Winter Wonderland, and Brew Kitchen Ale House with his Los Al Bucks. He spoke of the upcoming waste hauler change to Universal Waste.
9. ITEMS FROM THE CITY MANAGER
City Manager Simmons spoke regarding Mayor Chirco’s leadership the past year.
10. WARRANTS
Council Member Bates received clarification on the following items:
• Page 2, District Attorney’s Office – Prosecution of a Code Enforcement case
• Page 15, Department of Housing – Passthrough fee for mobile home parks Motion/Second: Hasselbrink/Doby
Unanimously Carried: The City Council ratified the Warrants for the period from November 12, 2021 to December 1, 2021, in the amount of $1,106,682.61
ROLL CALL
Mayor Chirco Aye
Mayor Pro Tem Hasselbrink Aye
Council Member Bates Aye
Council Member Doby Aye
Council Member Nefulda Aye
11. CONSENT CALENDAR
All Consent Calendar items may be acted upon by one motion unless a Council Member requests separate action on a specific item.
City Council Adjourned Regular Minutes
December 13, 2021
Council Member Bates asked questions on items 11B, D, and F.
Motion/Second: Doby/Bates
Unanimously Carried: The City Council approved the following Consent Calendar Items:
A. Approval of Minutes (City Clerk)
Approved the City Council Regular Minutes of November 15, 2021 and Special Minutes of December 6, 2021.
B. Ordinance No. 2021-07 – State Video Franchise Holders (City Attorney) The enactment of the Digital Infrastructure and Video Competition Act of 2006 (“DIVCA”) effectively replaced locally issued franchise agreements with statewide franchises issued by the California Public Utilities Commission. Proposed Ordinance 2021-07 amends and restates Chapter
5.20 of Title 5 of the Los Alamitos Municipal Code to implement the Digital Infrastructure and Video Competition Act of 2006 pertaining to State Video Franchise Holders. It replaces the Cable Television Franchise regulations, which have become obsolete, by operation of State law preemption.
City Council introduced for first reading, read by title only, and waived further reading of Ordinance No. 2021-07 at its November 15, 2021 Regular meeting.
Council Member Bates asked how the City would know if there was an issue. City Manager Simmons advised the City had access to provider data to monitor the service level.
The City Council adopted Ordinance No. 2021-07, entitled, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.20 (CABLE
TELEVISION FRANCHISES) OF TITLE 5 (BUSINESS LICENSES AND
REGULATIONS) OF THE LOS ALAMITOS MUNICIPAL CODE
PERTAINING TO STATE VIDEO FRANCHISE HOLDERS.”
C. Ordinance No. 2021-05 – City Clerk/Communications Director (Administration)
On November 15, 2021 the City Council approved personnel changes and new job description for City Clerk/Director of Communications. Part of that action included the introduction for first reading, read by title only, and waive further reading of Ordinance No. 2021-05.
The City Council adopted Ordinance No. 2021-05, entitled: “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING SECTIONS 2.12.020 AND 2.12.030 OF THE
LOS ALAMITOS MUNICIPAL CODE RELATING TO THE OFFICE OF THE City Council Adjourned Regular Minutes
December 13, 2021
CITY CLERK”.
D. Ordinance No. 2021-06 – Amended and Restated Chapter 8.12 (Integrated Waste Management) of the Los Alamitos Municipal Code to Implement State Organics Recycling Mandates (City Attorney) Senate Bill 1383 (SB 1383) was signed into law on September 19, 2016 and established methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California's economy. As it pertains to solid waste, SB 1383 seeks to reduce the amount of organic waste in landfills as methane is a byproduct of the decomposition of organic material. SB 1383 places a variety of mandates on local jurisdictions including the provision of organics and recycling collection programs to all properties within Los Alamitos and updating the Los Alamitos Municipal Code to require that each property subscribe to and fully participate in these programs.
Staff took this opportunity to review and update the entire Integrated Waste Management Chapter of the Los Alamitos Code, which was first enacted in 1996 and most recently amended in 2008.
City Council introduced for first reading, read by title only, and waived further reading of Ordinance No. 2021-06 at its November 15, 2021 Regular meeting.
Council Member Bates spoke in opposition to unfunded State mandates.
The City Council adopted Ordinance No. 2021-06, entitled, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.12
(INTEGRATED WASTE MANAGEMENT) OF TITLE 8 (HEALTH AND
SAFETY) OF THE LOS ALAMITOS MUNICIPAL CODE, IMPLEMENTING SB 1383 ORGANIC RECYCLING REGULATIONS.”
E. Resolution No. 2021-26– Adopting the June 30, 2021 Measure M2 Expenditure Report (Development Services)
Each agency that receives Measure M2 funds is required by the Orange County Transportation Authority (OCTA) to adopt via resolution an annual Expenditure Report to account for the use of Measure M2 funds.
The City Council adopted Resolution No. 2021-36, entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, CONCERNING THE MEASURE M2
EXPENDITURE REPORT FOR THE CITY OF LOS ALAMITOS FOR THE FISCAL YEAR ENDING JUNE 30, 2021”.
City Council Adjourned Regular Minutes
December 13, 2021
F. Comprehensive Annual Financial Report for June 30, 2021 (Finance) For City Council consideration is the receipt of the fiscal year 2020-2021 audit reports.
Council Member Bates stated a preference for constructive recommendations.
The City Council received and filed the annual audit reports for fiscal year 2020-2021, including the Comprehensive Annual Financial Report (CAFR), Audit Communication Letter, and the Report on Internal Control.
G. Resolution No. 2021-38 – Amendment to the City’s Conflict of Interest Code (City Clerk)
To comply with the requirements of State law, the attached Resolution proposes to amend the City’s Conflict of Interest Code by updating the list of designated employees that have significant involvement in the City’s decision-making process.
The City Council adopted Resolution No. 2021-38, entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA ADOPTING THE CONFLICT OF INTEREST
CODE FOR THE CITY AND REPEALING RESOLUTION 2018-03.”
H. Waiver and Release of Liability for Police Recruits to Participate in a Pre-Academy Training Program (Police)
The Garden Grove Police Department is hosting a two-week Pre-Academy program for recruits from several local police agencies. The Garden Grove Police Department has offered to let two Los Alamitos Police Recruits attend their Pre-Academy program January 3 – 14, 2022. In order to attend the Pre-Academy program, the City of Garden Grove requires the sponsoring agency to sign a Waiver and Release of Liability.
The City Council authorized the City Manager to sign the Pre-Academy Training Program Waiver and future program waivers so that Los Alamitos Police Recruits are able to participate in this program.
I. Approval of Resolution Approving Participation in National Opioid Settlement Agreement (City Attorney)
The City will receive an estimated allocation of $106,553.00 in settlement funds if the City Council approves participation in the proposed national opioid settlement.
The City Council adopted Resolution No. 2021-39, entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, APPROVING PARTICIPATION IN THE
NATIONAL OPIOID SETTLEMENT AGREEMENTS AND AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS.”
City Council Adjourned Regular Minutes
December 13, 2021
12. SPECIAL ORDERS OF THE DAY
A. Comments by Outgoing Mayor Mark Chirco
Mayor Chirco spoke regarding his service as Mayor.
13. DISCUSSION ITEMS
A. City Council Reorganization (City Clerk)
This report provides relevant information for the City Council’s annual reorganization, by the election of Mayor and Mayor Pro Tem. The City’s Charter requires roll call votes be taken for the election of these two Officers.
Mayor Chirco turned the meeting over to City Clerk Quintanar.
City Clerk Quintanar opened the floor for nominations for the Office of Mayor.
Council Member Chirco nominated Council Member Hasselbrink for the Office of Mayor.
There being no further nominations, City Clerk Quintanar closed the floor for nominations.
Unanimously Carried: The City Council elected Shelley Hasselbrink for the position of Mayor.
ROLL CALL
Council Member Bates Aye
Council Member Chirco Aye
Council Member Doby Aye
Council Member Hasselbrink Aye
Council Member Nefulda Aye
City Clerk Quintanar turned the meeting over to Mayor Hasselbrink.
Mayor Hasselbrink opened the floor for nominations for the Office of Mayor Pro Tem.
Council Member Bates nominated Council Member Doby for the Office of Mayor Pro Tem.
There being no further nominations, Mayor Hasselbrink closed the floor for nominations.
Unanimously Carried: The City Council elected Tanya Doby for the position of Mayor Pro Tem.
City Council Adjourned Regular Minutes
December 13, 2021
ROLL CALL
Council Member Bates Aye
Council Member Chirco Aye
Council Member Doby Aye
Mayor Hasselbrink Aye
Council Member Nefulda Aye
B. City Council Member Appointments and Reappointments as Representatives to other Agencies and City Committees for 2022 (City Clerk)
This report provides relevant information for the City Council’s annual appointments/reappointments of Council Members as representatives to other Agencies.
City Clerk Quintanar summarized the Staff report.
Motion/Second: Chirco/Bates
Unanimously Carried: The City Council:
1. Made the following appointments to Representatives to Other Agencies:
Orange County Fire Authority
Delegate: Hasselbrink
Orange County Sanitation District
Delegate: Bates
League of California Cities-State Division
Delegate: Hasselbrink
Alternate: Doby
City Selection Meeting
Delegate: Hasselbrink
Alternate: Doby
Orange County Library Advisory Board
Delegate: Bates
Alternate: Nefulda
Orange County Mosquito and Vector Control Board
Delegate: Doby for a two-year term
West Cities Communications Center JPA Board
Delegate: Nefulda
Alternate: Chirco
City Council Adjourned Regular Minutes
December 13, 2021
Budget Standing Committee
Delegates: Chirco and Hasselbrink
2. Adopted Resolution No. 2021-36, entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS,
CALIFORNIA, DESIGNATING AND APPOINTING ITS
REPRESENTATIVE TO THE ORANGE COUNTY FIRE
AUTHORITY’S BOARD OF DIRECTORS”; and,
3. Authorized the City Clerk to complete California Form 806, Agency Report of: Public Official Appointments and post on the City’s website.
14. ADJOURNMENT
The City Council adjourned at 7:09 in honor of Gene Petrini.
Shelley Hasselbrink, Mayor
Attest:
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 18, 2022 ITEM NUMBER: 9B
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Windmera Quintanar, MMC, City Clerk
Subject: Adoption of the Legislative Action Plan
SUMMARY
The Legislative Action Plan develops a framework and reference guide for legislative positions and objectives that provide advocacy and engagement guidelines for City Council and Staff to effectively participate in the legislative process.
RECOMMENDATION
Adopt Resolution 2022-02, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS ALAMITOS, CALIFORNIA, APPROVING THE LEGISLATIVE ACTION PLAN.”
BACKGROUND
Legislative advocacy provides a useful service in the success of the City’s goals and objectives. The Legislative Action Plan consists of Program Procedures and the Legislative Platform.
The Legislative Action Plan identifies the need for the City Council to adopt legislative positions. These objectives are used by Staff each year to engage in the legislative session at the County/Regional, State, and Federal level.
DISCUSSION
The City of Los Alamitos recognizes the importance of protecting the City’s interests in the local, state and federal legislative system. In order to efficiently participate in the legislative process, on behalf of the citizens of Los Alamitos, the City has established a Legislative Action Plan.
The general philosophy of the Legislative Platform is to protect local control; actively oppose legislation and ballot initiatives that threaten the public’s safety; oppose unfunded mandates; promote economic development and partnerships; and, to protect, stabilize and increase the City’s revenue sources.
Legislative Action Plan
January 18, 2022
Specifically, the Legislative Platform identifies legislative priorities in the areas of Administration, Economic Development; Community and Housing; Environmental Quality; Parks and Open Space; Partnership with the Joint Forces Training Base; Public Employment; Public Safety and Homeland Security; Revenue and Taxation; and, Transportation and Infrastructure.
When responding to legislation, the City Staff will review the Legislative Action Plan and consider guidance from the League of California Cities (LOCC). The LOCC provides guidance to cities during the legislative process. Its Policy and Guidelines are updated biennially. The 2020 edition was developed with the assistance of the seven standing policy committees and the board of directors.
This item is being brought forward for City Council approval. Historically this item was brought to Council annually without any changes. Staff recommends Council adopt this open-ended Legislative Action Plan. The following guiding principles have been added to the Legislative Acton Plan: preserve local control, promote fiscal sustainability, and support funding opportunities.
The City Manager and Department Directors will continue monitor legislation and respond as appropriate. Council and Staff may request the Legislative Action Plan be discussed at a Council meeting for review and updates at any time.
FISCAL IMPACT
There are minimal, indirect costs associated with adopting this resolution, mainly the staff time required to monitor and track legislation and implement the plan.
Submitted by: Windmera Quintanar, MMC, City Clerk/Director of Communications Approved by: Chet Simmons, City Manager
Attachment: 1. Resolution 2022-02
RESOLUTION NO. 2021-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA, APPROVING THE LEGISLATIVE ACTION
PLAN
WHEREAS, the City of Los Alamitos recognizes the importance of protecting the City’s interest in the local, state, and federal legislative system; and, WHEREAS, in order to efficiently participate in the legislative process, on behalf of the citizens of Los Alamitos, the City has established the Legislative Action Plan; and, WHEREAS, the Legislative Action Plan consists of Legislative Program Procedures and the Legislative Platform; and,
WHEREAS, the Legislative Program Procedures develop a framework and reference guide for legislative positions and objectives that provides advocacy and engagement guidelines for the City Council and Staff; and, WHEREAS, the general philosophy of the Legislative Platform is to protect local control; actively oppose legislation and ballot initiatives that threaten the public’s safety; oppose unfunded mandates; promote economic development and partnerships; and, to protect, stabilize and increase the City’s revenue sources.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.
SECTION 2. The City Council hereby approves the attached Legislative Action Plan (Exhibit A).
SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 18th day of January, 2022.
Shelley Hasselbrink, Mayor
Legislative Action Plan
ATTEST:
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, California, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 18th day of January, 2022, by the following vote towit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Windmera Quintanar, MMC, City Clerk
Legislative Action Plan
CITY OF LOS ALAMITOS
LEGISLATIVE ACTION PLAN
Adopted by City Council on January 18, 2022
City Council Resolution 2022-02, Exhibit A
Legislative Action Plan
LEGISLATIVE PROGRAM PROCEDURES
PROGRAM OVERVIEW
Adopted by the City Council, the City’s Legislative Action Plan consists of a framework and reference guide for legislative positions and objectives that provide direction for the City Council and Staff. The issues identified have potential to directly or indirectly impact the City. These guidelines actively pursue pending legislation through monitoring and Communications activities. This Plan allows City staff to address legislative and regulatory issues in a timely manner during the legislative session.
I. CITY COUNCIL
Council Direction
The primary role of the City Council is to set legislative and fiscal policy for the City. As the elected legislative body the City Council is given charge to make policy decisions for the City of Los Alamitos.
Responsibilities in the Legislative Process
The City Council sets the City’s legislative priorities and is responsible for building coalitions of support/opposition; setting legislative policy; participating in meeting with legislators, local officials and Staff; and preparing and presenting testimony on behalf of the City before the state and federal government.
II. CITY MANAGER/LEGISLATIVE AFFAIRS
Overview
The City Manager serves as an independent legislative analyst to the City Council.
The City Manager advises the City Council as to how best represent the City’s interest in Sacramento and Washington DC. Staff serves under the policy direction of the City Council but reports to the City Manager. The City Manager has the authority to send legislative letters and to take other appropriate legislative action on issues that are consistent with the City Council’s adopted platform.
Development of Recommendations on Non-Adopted Issues
In the event that a legislative issue should arise that has not been addressed by the City Council, the City Manager will conduct preliminary analysis and provide legislative action recommendations for the City Council.
Legislative Tracking
The City Manager is responsible for identifying and tracking legislation that has the potential to impact the City and works to impact the legislative process by administering the City’s legislative affairs program in collaboration with the various City departments.
Throughout the legislative session, the City Manager with input from the City Legislative Action Plan
Council, the League of California Cities, and Staff will identify significant legislation and will continually monitor the status and language of each bill.
Legislative Advocacy
The City Manager will assist Council Members to prepare for providing advocacy and to ensure that information provided by City Departments is accurate.
A member of the City Council, the City Manager or designee, City Legislative Advocates, and Council authorized Staff are the only individuals authorized to testify on legislative issues. Such testimony will be aligned with the City Council’s position on a specific bill and Council priority guidelines.
Written correspondence by individual Council Members on legislative items not adopted by the City Council may be transmitted if the correspondence identifies that it is a position of an individual citizen as opposed to an official position of the City of Los Alamitos. All adopted legislative positions are either included in this policy document or in the official City Council minutes for special legislative efforts.
Updates, Services & Reports
The City Manager will coordinate the development of the Legislative Tracking Report and will provide a legislative summary at the end of each legislative session. The Legislative Tracking Report will identify the status of each of these bills as well as the bill number, a brief bill summary, the location of the bill, bill author, and any action that the City has taken on the bill. In addition, analysis and special reports will be prepared by request on major legislative subject areas.
III. LEGISLATIVE ADVOCATES
The City Council understands that legislative advocacy provides a useful service in the success of the City’s goals and objectives. Therefore, the dedication of budget dollars for Legislative Advocates will be considered by the City Council either annually during the budget process; at mid-year budget review of each year; or, on a case-by-case basis for specific legislative needs.
IV. CITY ATTORNEY
The City Attorney advises the City Council, City Manager, and City Departments on the legal aspects of legislative matters impacting the City. The City Attorney advises the City Council, City Manager, and City Departments on procedural matters pertaining to the Brown Act and reviews proposed legislation submitted by the City.
V. CITY DEPARTMENTS
The City Manager oversees legislative communication between the City Council and City Departments. As part of the City’s legislative process, the Executive Legislative Action Plan
Management Team works to assist in identifying legislative priorities to be included in the City’s Legislative Platform.
Written Legislative Correspondence Policy for City Departments City Departments shall make the City Council aware of all legislative actions they intend to take through communication with the City Manager. City Departments may only send legislative correspondence on issues that are consistent with City Council’s policy and legislative platform. Written legislative correspondence shall be approved by the City Manager.
City Departments will alert the City Manager of critical legislation introduced in Sacramento or Washington DC that will impact their department.
Written legislative correspondence on behalf of the City to elected officials at the federal, state or local level shall be routed through the City Manager for review prior to obtaining the signature of the Mayor or appropriate City Council Member.
Seeking City Sponsored Legislation
If a City Department would like the City to sponsor a legislative proposal, the City Department will contact the City Manager and ask that their proposal be considered by the City Council.
Seeking City Action on a Bill
If a City Department would like the City Council to consider action on a legislative issue, they will contact the City Manager.
Legislative Action Plan
LEGISLATIVE PLATFORM
The City of Los Alamitos recognizes the importance of protecting the City’s interest in the local, state and federal legislative system. In order to efficiently participate in the legislative process, on behalf of the citizens of Los Alamitos, the City has established the Legislative Platform. The Legislative Platform is structured to assist the City of Los Alamitos to achieve the goals identified in the City of Los Alamitos’ General Plan and Strategic Plan.
GUIDING PRINCIPLES
1. Preserve Local Control
Preserve and protect the City’s powers, duties, and prerogatives to enact local legislation and policy direction concerning local affairs and oppose legislation that preempts local authority. Local agencies should preserve authority and accountability for revenues raised and services provided.
2. Promote Fiscal Sustainability
Support measures that promote fiscal stability, predictability, financial independence, and preserve the City’s revenue base and maximum local control over local government budgeting. Oppose measures that shift local funds to the County, State, or Federal Governments and/or make cities more dependent on the County, State of Federal Governments for financial stability, such as unfunded mandates or mandated costs with no guarantee of local reimbursement of offsetting benefits.
3. Support Funding Opportunities
Support funding opportunities that allow the City to compete for its fair share of regional, state, and federal funding.
POLICY STATEMENTS
Administration
1. Support and pursue funding for projects and services that improve the quality of life in Los Alamitos.
2. Support efforts to require the State Legislature, public commissions, boards, councils and other public agencies of the state to conduct deliberations and meetings in strict accordance with the Brown Act.
3. Support legislation to increase legal voter turnout.
4. Oppose efforts to decrease, restrict, eliminate, divert, supplant or otherwise restrict local autonomy of local revenues.
Legislative Action Plan
5. Oppose legislation that does not recognize California’s diversity and the need for local government’s autonomy in addressing the problems and services of our residents.
6. Support any legislation that helps the Los Alamitos Unified School District, when aligned with the City’s interest.
7. Support local control over the administration of local programs.
Economic Development, Community, and Housing
1. Support economic development policies that provide for planned economic growth in the City.
2. Support and pursue funds from economic development programs.
3. Support legislation that provides incentives or grant opportunities for community improvements.
4. Oppose affordable housing production mandates without necessary funding to support said housing mandate.
5. Oppose legislation deemed by the City to be “anti-business” and/or a “job killer.”
6. Oppose legislation that further limits the City’s authority and control of maintaining and administering its General Plan and/or Zoning Code.
7. Support increased funding for the Community Development Block Grant (CDBG) program, which is critical in assisting urban and rural cities throughout California with creating jobs, providing affordable housing, eliminating blight and generating economic investment.
Environmental Quality
1. Support measures that maintain and enhance local decision-making authority in the development and implementation of air quality attainment strategies.
2. Support reasonable air quality efforts that emphasize the use of advance technologies for the use of alternative fuels and for the development of alternative fuel site infrastructure.
3. Oppose Regional Water Quality Control Board mandates unless sufficient State and/or other funding is provided.
Legislative Action Plan
4. Support streamlined environmental processing for federal regulatory permits issued by the California Department of Transportation and various other state and federal agencies for the purpose of expediting public infrastructure developments.
5. Support cooperation between the state and local jurisdictions on source reduction and recycling in order to meet solid waste reduction goals.
6. Support a statewide action plan for addressing water-related issues including availability, quality and reclamation.
7. Oppose State Water Quality Control Board mandates unless they provide for State funding.
8. Oppose the expansion of the State listing of endangered or threatened species without economic impact analyses and valid scientific data.
9. Support legislation and funding that supports the implementation, construction and use of reclaimed water as an alternative water supply for irrigation, landscape and industrial purposes.
10.Support revisions to the California Environmental Quality Act that modernize, simplify and streamline the Act.
11.Support streamlined environmental processing for federal regulatory permits issued by the US Army Corp of Engineers, US Fish & Wildlife Service, Federal Highway Administration and various other state and federal agencies for the purpose of expediting public infrastructure projects.
12.Support measures that provide for uniform water quality standards and prohibit individual states from imposing draconian standards upon cities without providing funding to pay for them.
Parks and Open Space
1. Support legislation and funding opportunities that help cities build better, stronger communities by providing funding to improve air, water, parks, opens space, natural resources, historic preservation, the arts and cultural resources.
2. Support measures that provide funding opportunities for rehabilitation, development and capital improvements for parks and open space.
3. Promote local agency control over polices that recognize the benefits of parks and recreation facilities.
Legislative Action Plan
Partnership with the Los Alamitos Joint Forces Training Base
1. Support funding measures that maintain an equitable future for the City at the Joint Forces Training Base.
2. Support and pursue funding and legislation that provides for shared use of services with the Joint Forces Training Base.
Public Employment
1. Support measures that would lessen the impact of CalPERS investment losses on employer rates.
2. Continue to influence any efforts that may impact local government’s ability to achieve and/or maintain sustainable pensions.
3. Support measures that put reasonable parameters over public pension plans to reduce future pension costs.
4. Oppose measures that would mandate upon local governments any additional and costly program for employee benefits without local control.
5. Support healthcare policy implementation efforts that do not have an adverse financial impact to the City.
6. Support bills providing training and information on sexual harassment prevention.
Public Safety and Homeland Security
1. Support and pursue funding to increase public safety service levels in the City.
2. Support increased funding for disaster preparedness, prevention, recovery and response for all hazard threats.
3. Support local control over the administration of local programs and police personnel.
4. Support efforts to increase penalties for Driving Under the Influence and resources for programs, which will assist in Driving Under the Influence prevention efforts.
5. Support increased funding that would change current laws to provide public safety and police accountability.
6. Oppose the change of current laws or the addition of new laws that would further undermine local law enforcement efforts
Legislative Action Plan
7. Support statewide efforts to coordinate disaster preparedness programs in local jurisdictions and support guidelines to identify the strengths and weaknesses of local preparedness efforts.
8. Support and promote programs that enhance the benefits of mutual aid agreements between local governments.
9. Support adequate financing of jails and criminal justice facilities. Address the need to devote equal time and energy to develop effective alternatives to incarceration, including early intervention of at-risk youth and counseling/rehabilitation programs.
10.Oppose legislation that reduces local control over the administration of local programs.
11.Support increased funding for disaster preparedness, prevention, recovery and responses for all hazard threats.
Revenue and Taxation
1. Support legislation providing cities with the authority to annex land located within their sphere of influence as long as predetermined criteria or conditions are met.
2. Support measures to achieve fair representation on county-wide and regional boards.
3. Oppose measures that create or grant powers to sub-regional or regional bodies, which would result in an infringement on clearly local concerns.
4. Support full cost reimbursement to the City for all federal, state and countymandated programs.
5. Support legislation that would reform the State’s Worker’s Compensation System in order to draw a balance between reasonable claimant benefits versus the increasing costs/corruption that has plagued the system to date.
6. Oppose legislation that seeks to lessen the City’s ability to enforce contractual language agreed to and contained within existing franchise documents.
7. Oppose any legislation that diminishes or does not assure local franchise fees for all utility uses of City right-of-way.
8. Oppose the state borrowing from local governments to finance budgetary deficits.
For example, borrowing from the Public Employees’ Retirement System (PERS).
Legislative Action Plan
9. Oppose new or continuing unfunded mandates to the City.
10.Oppose legislation that reduces local revenues.
11.Support legislation that protects public employers against claims made under state law associated with the collection of “fair share fees” from public employees in the wake of the Supreme Court’s Janus decision.
12.Support direct federal funding to cities, without matching requirements, to use in drug prevention, intervention and enforcement efforts.
13.Support remitting state and local sales taxes, including tax revenue generated from purchases made on the Internet, by mail order and by catalog, to the state in which the purchaser is residing.
14.Oppose any effort to eliminate, or cap, the tax-exempt status of municipal bonds, one of the few tools left for local governments to finance large capital projects.
Transportation and Infrastructure
1. Support local City input on all regional land use and planning issues.
2. Support increased transportation funds allocated to local jurisdictions for discretionary projects.
3. Oppose toll lanes on Orange County freeways funded with Measure M or Measure M2 Funds and any freeway that impacts the City of Los Alamitos.
4. Support and pursue funding that specifically benefits the City of Los Alamitos’ transportation and public works projects.
5. Support legislation that preserves municipal authority over the public right-of-way including fair and reasonable compensation for use of the right-of-way.
6. Support legislation that promotes access to joint use of schools; parks and open space; development of streets and trails.
7. Support funding that specifically benefits the City of Los Alamitos’ transportation and public works projects.
8. Support legislation that promotes access to joint use of schools; parks and open space; development of streets and trails that encourage physical activity.
9. Support efforts to ensure fair and equitable allocation of bond funds to all communities pursuant to either block grant formulas (per capita) or through existing Legislative Action Plan
competitive grant programs based on the greatest identified need or deficiencies in park land and programming.
10.Support inclusive eligibility and participation of bond fund allocations to the maximum number of communities pursuant to either block grant formulas (per capita), through existing competitive grant programs or similar allocations mechanisms.
11.Oppose efforts that erode funding for vital community services that impact Californian’s access to parks; open space; after school programming; senior services; special use facilities that promote physical activity; protect natural resources; and strengthen safety and security.
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 18, 2022 ITEM NUMBER: 9C
To:
Presented By:
Subject:
Mayor Shelley Hasselbrink & Members of the City Council Windmera Quintanar, MMC, City Clerk
Annual Update of the Records Management Program
SUMMARY
In October 2015, the City Council adopted the City-wide Records Management Program.
Part of this Program included a day dedicated to records management and annual updates to the retention schedule. This item recommends changes to the policy to ensure continued success of the program.
RECOMMENDATION
Adopt Resolution 2022-01, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS ALAMITOS, CALIFORNIA, ADOPTING A RECORDS MANAGEMENT PROGRAM AND REPEALING RESOLUTION NO. 2021-02 IN ITS ENTIRETY”.
BACKGROUND
Records management is the systematic control of the creation, acquisition, processing, use, protection, storage and final disposition of all recorded information required by the City to effectively conduct its business. It involves assembling and managing the correct information. The primary concern is the efficient, effective, and economical management of information. Records management is more than just retention schedules and destruction. It is the proper management of records through the entirety of their life cycles.
Part of the Records Management Policy states the City Clerk shall submit proposals for any scheduled amendments annually to the City Attorney and City Council for approval via a Council resolution.
DISCUSSION
Staff has actively been identifying records and purging obsolete records since adoption of the program in 2015. Staff held its Annual Records Management day on October 11, 2020. On Records Management Day, City Hall is closed to the public so staff Records Management Program
January 18, 2022
is able to solely focus on records. This is a labor-intensive task and the ability to fully focus on records management uninterrupted for one day has been well received.
This year we held our second Free Community Paper Shredding event for the public. The public was given the opportunity to bring up to three bankers boxes of records to be shredded on site. The event ran for three hours and we received a steady flow of traffic for the duration of the event. Staff received positive feedback from the residents that participated.
This year one Request for Amendments was received from the Development Services Department. The City Clerk’s Office made minor changes for formatting throughout the policy and revised retention schedules to be in compliance with current requirements. The City Clerk’s Office and City Attorney have reviewed the changes and required retention of all records and have found them to be within legal statutes.
The annual review and adoption of the Records Management Policy ensures the continued use of an effective program that helps to increase Staff efficiency, properly allocate scarce resources, and ensures compliance with legal, administrative, and fiscal retention requirements.
FISCAL IMPACT
There is no cost to implement this policy.
Submitted by: Windmera Quintanar, MMC, City Clerk
Approved by: Chet Simmons, City Manager
Attachment: 1. Resolution No. 2022-01
2. Exhibit A - Records Management Program
3. Request for Amendment
RESOLUTION NO. 2022-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS,
CALIFORNIA, ADOPTING A RECORDS MANAGEMENT PROGRAM AND
REPEALING RESOLUTION NO. 2021-02 IN ITS ENTIRETY
WHEREAS, the City wishes to establish policies and procedures under a Records Management Program to control the orderly creation, utilization, maintenance, retention, preservation, and disposition of City records, based on State and Federal statutes governing public records; and,
WHEREAS, the City wishes to ensure that a responsible program of records management is practiced and documented from creation to disposition in accordance with the law and in the best interest of the City and the general public; and, WHEREAS, the objectives of the Records Management Program include:
• Efficient information retrieval
• Transfer of inactive records from high-cost office space to low-cost storage or an electronic media imaging system, thus reducing filing equipment and increasing valuable office space
• Orderly destruction of records no longer required by statute to be retained, and which are no longer needed for administrative, operational, legal, fiscal, or historical purposes, in accordance with the Records Retention Schedule • Preservation of records with long-term or permanent value • Protection of records vital to the City in the event of a disaster • Elimination of duplicate records
WHEREAS, Section 34090 of the Government Code of the State of California requires permanent retention of certain records and authorizes destruction of others after stated periods of time on established terms and conditions; and, WHEREAS, on October 19, 2015, the City Council adopted Resolution 2015-30, which established the Records Management Program; and,
WHEREAS, the City Council finds it desirable to update the City's Records Management Program annually; and,
WHEREAS, the Records Management Program was last updated on February 16, 2021with the adoption of Resolution No. 2021-02.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.
CC RESO 2022-01
SECTION 2. Columbus Day is hereby recognized as Records Management Day. City facilities will be closed to the public to allow Staff to work on Records Management.
SECTION 3. Adopts the Records Management Program, attached hereto as Exhibit A, which shall supersede and replace any and all records management programs adopted by prior resolution of the City Council.
SECTION 4. The City Council does hereby repeal Resolution No. 2021-02.
SECTION 5. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 18th day of January, 2022. ________________________________
Shelley Hasselbrink, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 18th day of January, 2022, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
____________________________________
Windmera Quintanar, MMC, City Clerk
RECORDS
MANAGEMENT
PROGRAM
Policy and Procedures
Administered by the City Clerk’s Office
Approved by the City Council on January 18, 2022
Resolution 2022-01 – Exhibit A
Records Management Program
CC RESO 2022-01 – Exhibit A
CITY OF LOS ALAMITOS
RECORDS MANAGEMENT POLICY & PROCEDURES
California Public Records Act: In enacting Chapter 6250 et seq. of the Government Code, “the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this State.”
1. PURPOSE
To establish policies and procedures under a Records Management Program to control the orderly creation, utilization, maintenance, retention, preservation, and disposition of City records, based on State and Federal statutes governing public records.
To ensure that a responsible program of records management is practiced and documented from creation to disposition in accordance with the law and in the best interest of the City and the general public.
2. REFERENCES
Including, but not limited to: California Government Code Sections 6250 et seq. (Public Records Act), 12236, 34090, 34090.5, 34090.6, and 34090.7 (See Records Retention Schedule – Legal Citation Reference List). “Govt. Code” shall hereinafter refer to the California Government Code.
3. POLICY STATEMENT
Policies and procedures, under the supervision and administration of the City Clerk’s Office, are hereby established for the coordination, administration and implementation of the Records Management Program, under which City records are retained for administrative, operational, legal, fiscal, historical or research purposes.
The City Clerk’s Office will distribute the Records Management Policy and Procedures document to all Department Directors and each Department records coordination. Each Department Director is responsible for ensuring that the records under his/her control are maintained and destroyed in accordance with the Policy. The Policy shall be revised as necessary to meet legal and administrative requirements.
4. OBJECTIVES
The Objectives of the Records Management Policy are:
4.1 Meet legal standards for public examination, protection, storage and retrieval of records.
4.2 Efficient information retrieval.
Records Management Program
CC RESO 2022-01 – Exhibit A
4.3 Transfer of inactive records from high-cost office space to low-cost storage or an electronic media imaging system, thus reducing filing equipment and increasing valuable office space.
4.4 Orderly destruction of records no longer required by statute to be retained, and which are no longer needed for administrative, operational, legal, fiscal, or historical purposes, in accordance with the Records Retention Schedule.
4.5 Preservation of records with long-term or permanent value.
4.6 Protection of records vital to the City in the event of a disaster.
4.7 Elimination of duplicate records.
5. APPLICABILITY
Records polices apply to all records, whether that are maintained in hard (paper) copy, electronically, or in some other fashion. Each department shall develop, implement, maintain, and adhered to a records management plan appropriate for the particular records it maintains, in cooperation with the office of the City Clerk.
The City is subject to a range of statutes and rules regarding record retention and disclosure.
6. RESPONSIBILITIES
6.1 City Clerk
The City Clerk is responsible for developing, coordinating and administering policies and procedures for the implementation of the Records Management Program, and to provide assistance to Department Records Coordinators.
To perform this function, the City Clerk and/or his/her designee shall, on an ongoing and periodic basis:
• Create, maintain and distribute the necessary forms to implement the Records Management Program.
• Develop and maintain a retention and disposition schedule for all City records, including the preparation of any amendments as dictated by statute or administrative policy. Submit proposals for any scheduled amendments to the City Attorney and City Council for approval via a Council Resolution.
• Maintain a current inventory and index of records transferred to the Records Center for storage. Coordinate the transfer of records from department office areas to the Records Center.
• Establish guidelines and coordinate periodic reviews of City records to Records Management Program
CC RESO 2022-01 – Exhibit A
determine which records are eligible for destruction in accordance with the Records Retention Schedule and subject to the approval of the Department Director, City Clerk, and City Attorney.
• Coordinate with all City Departments, on a routine basis, the timely destruction of obsolete records according to the procedures herein.
Certify and document that records have been destroyed. Certificates of Destruction shall be permanently kept on file with the office of the City Clerk.
• Oversee the special handling of confidential, historical, and essential records, and ensure the safety of Vital Records in the event of a disaster. • Maintain accurate and timely electronic databases and a uniform filing system of all legislative actions affecting the creation, utilization, maintenance, retention, preservation and disposition of City records, in order to efficiently track and retrieve City records.
• Respond to records requests by City staff in an efficient and timely manner.
• Respond to public records requests and subpoenas for public records in accordance with law.
6.2 City Departments
• Each Department Director is responsible for designating a qualified Department Records Coordinator, who shall serve on the Records Management Committee.
• Each Department Director or his/her designee is responsible for maintaining a reliable and accurate filing system to ensure the efficient maintenance, retrieval and disposition of the records under his/her control.
• Each Department Director or his/her designee is responsible for ensuring that obsolete records under his/her control are destroyed in a timely manner, and authorizing the destruction, in accordance with the policies and procedures stated herein.
• Each Department Director or designee is responsible for submitting a request for any suggested revisions to its Records Retention Schedule, to the City Clerk who will review the request and submit a recommendation to the City Attorney and City Council.
• Each Department Records Coordinator is responsible for maintaining and controlling the disposition of records.
Records Management Program
CC RESO 2022-01 – Exhibit A
7. IDENTIFYING RECORDS
The simplest way to identify if material is a record is to consult the City’s Retention Schedule. If the material in question is identified on the schedule, records coordinators are obligated to maintain the record in accordance with the schedule. One of the most challenging aspects of records management can be determining if a document or media is a record when it is not identified on the schedule. If it is unclear if the material is a record or if it is clear that the material is a record, but is not included on the schedule the coordinator should contact the City’s Record Manager for additional assistance.
7.1 What is a Record?
Some records, because of their enduring administrative, fiscal, legal or historical value, should be permanently retained. These records require that special care and consideration be given to their storage conditions and enduring preservation. Examples of permanent records include meeting minutes from Brown Act governed bodies; resolutions, and ordinances.
Most records do not have values that warrant their permanent preservation.
Those records with short-term value should, upon reaching the end of the retention period, be destroyed.
Records are any writing or recording that contains information related to the conduct of the public's business prepared, owned, used, or retained by the City regardless of physical form or characteristics. "Regardless of physical form" means that video, audio files and data in a computer system used to conduct business are also records.
7.2 Non-Records
Even though records include a broad spectrum of recorded information, not all information held by the City is a record. Transitory Communications (routine correspondence not integrally related to City business) such as texts, instant messaging, and voice mail messages that are temporary or of a brief duration are not records. Additional guidelines for emails and use of personnel devices are covered in Administrative Regulation 7.1, Telecommunications Policy.
Non-records do not require retention scheduling or destruction authorization or reporting. To control excessive accumulation, it is necessary to keep only current, useful materials and to destroy non-records immediately after needs have been satisfied. Staff should take care not to file non-records with records.
Examples of non-records include the following materials:
• Identical copies of documents maintained in the same file • Blank forms
• Extra copies of printed or processed materials
• Superseded manuals and other directives (maintained outside the office of record)
Records Management Program
CC RESO 2022-01 – Exhibit A
• Routine messages not integral to City business of a brief duration such as texts, instant messaging, and voicemails
• Materials received from other agencies, people, or businesses that require no action
• Catalogs, trade journals and other publications or papers received from government agencies, commercial firms or private institutions that require no action and are not part of an action case record
8. STORAGE OF RECORDS
The City of Los Alamitos is committed to effective records management and appropriate utilization of City resources. Proper storage of records in all states of a record’s lifecycle, regardless of format, aids in the allocation of space and reduces liability and cost to the organization. City records should only be stored on approved devices and in appropriate storage locations.
8.1 Electronically
State laws generally preclude the destruction of a public record less than two years old unless the record has been reproduced in some manner, properly stored, and is available for public disclosure to the same extent as the original. Accordingly, the Electronic Media Imaging System (EMIS) shall be the official repository used to retain and store electronic copies of City records. Use of any other system or device to store electronic copies in lieu of an original, must be approved by the City clerk prior to destruction of the original record. No page of any record shall be destroyed f the page cannot be reproduced electronically with full legibility. Every irreproducible page she be preserved in a manner that shall afford easy reference for the retention period set forth in the retention scheduled. Every reproduction made pursuant to this section shall be deemed an original record.
8.1.1 EMIS Storage Medium
The City recognizes the EMIS as the official electronic repository of the City.
This system complies with requirements regarding electronic record storage as set forth in section 34090.5 of the California State Government Code.
Records stored or transferred to the EMIS are eligible for destruction 30 days after entry in the EMIS with no further approval required provided the following criteria is met.
1. Department Records Coordinator identifies records that are imaged and stored in a medium other than the EMIS and are also stored in the EMIS.
2. The Department Records Coordinator confirms that quality control process is completed as outlined in the City’s Imaging Policy and Guidelines for City Records (administered by the City Clerk’s Office and adopted by Administrative Regulation) on designated records and that 30 days has elapsed from entry in the EMIS.
Records Management Program
CC RESO 2022-01 – Exhibit A
3. The Department Records Coordinator destroys the records as outlined in the City’s record retention schedule.
8.2 Offsite
The City will make every effort to avoid storing records in offsite storage facilities. Whenever possible, records will be held in the department responsible for the document (Office of Record) in their original form in the EMIS.
8.3 Duplicate Records
When a duplicate of an official record exists, it may be destroyed as the discretion of the department director when the original record is on file electronically in the EMIS or in original format in the Office of Record, without further authorization from the City Clerk of City Attorney.
8.4 Records Disposition
Record disposition applies to all records, regardless of the physical form or location of the record. At the conclusion of a records retention period, the record shall be disposed of in accordance with this policy.
9. REQUIRED FORMS
The following forms are to be utilized by all City Department Directors or their designees in order to efficiently and accurately identify, inventory, transfer to storage, retrieve, and destroy records under his/her control: (Each form, including instructions, is attached hereto.)
9.1 Records Retention Schedule (Exhibit B)
This form governs the mandatory disposition of City records by indicating the minimum length of time records shall be maintained in the office and in storage, and the time period after which they may be destroyed.
The Retention Schedules are created by the Office of the City Clerk based on a detailed examination of the Records Inventory & Identification Forms, and interviews with each department to determine the legal, vital, administrative, or historical value of the records. Applicable codes and statues are referenced to determine the required retention period.
Retention schedules and amendments thereto are approved by the City Attorney, City Clerk and Department Head, and authorized by City Council resolution.
9.2 Records Inventory & Identification Form (Exhibit C) This form is used to collect the inventory and appraisal information needed to develop retention periods for public records under the control of each City Department. The records inventory is a detailed review of the quantity, type, function, and organization of records by category or record “series”. This information is used by the Office of the City Clerk to research and apply the retention periods to each record “series” per legal and/or administrative requirements. When more than one legal citation applies to a particular Records Management Program
CC RESO 2022-01 – Exhibit A
record, the longest retention period shall apply. Once completed, the inventory forms are retained by the Office of the City Clerk.
9.3 Request for Amendment to Records Retention Schedule Form (Exhibit D)
This form is used when any change is needed in the Records Retention Schedule. It is completed by the requesting department and reviewed by the City Clerk or his/her designee. Each “Request for Amendment to Records Retention Schedule” form is then submitted to the City Attorney and City Clerk for approval and must be authorized by City Council resolution. The City Clerk or his/her designee will initiate and coordinate a periodic review of all department Retention Schedules to ensure compliance with legal requirements.
9.4 Authority to Destroy Obsolete Records Form (Exhibit E) This form is prepared by the department wishing to destroy records. The City Clerk or his/her designee reviews the form and forwards it to the City Attorney for approval. Once approved by the City Attorney, the records are destroyed. The form is then signed by the department verifying destruction and returned to the Office of the City Clerk for permanent retention.
10. DISPOSITION OF RECORDS
As provided by Govt. Code Section 34090, upon the request of the Department Head and with the written consent of the City Attorney and the City Clerk, the records identified in the Records Retention Schedule are authorized to be destroyed on an on-going basis in accordance with the retention periods described therein without the necessity of a specific resolution of the City Council.
10.1 Procedure
The Office of the City Clerk shall be responsible for scheduling and coordinating with all City Departments the destruction of records on an annual basis. The appropriate forms will be distributed to all City Departments in order to document the records to be destroyed.
It shall be required that the Department Head, City Attorney, City Clerk and Records Management Coordinator authorize and sign each “Authority to Destroy Obsolete Record” form prior to the records being destroyed.
NOTE: It is imperative that the requests for Authority to Destroy Obsolete Records be reviewed carefully by all signatory staff in order to determine whether records listed are involved in litigation, or if there is an administrative and/or operational requirement which may require a temporary extension of the retention period.
Records deemed to be confidential in nature shall be shredded. All other records shall be removed from their locations for secure destruction.
Records Management Program
CC RESO 2022-01 – Exhibit A
The Department Director in control of the records and City Clerk or his/her designee shall certify each and every destruction of records. The City Clerk or his/her designee shall maintain a permanent record of all destroyed records and destruction certifications.
10.2 Exceptions
In accordance with Government Code Section 34090, the City is not authorized to destroy the following City records:
• Records affecting the title of real property or liens thereon. • Court records (unless the originals are maintained by a court of law). • Records required to be kept by statute.
• Records less than two years old.
• The minutes, resolutions, or ordinances of the City Council or the City’s Boards or Commissions.
11. VITAL RECORDS PROTECTION
Vital Records contain information necessary for the City to resume operations after a disaster. Each Department Director is responsible for identifying the Vital Records under his/her control and ensuring that the Vital Records are maintained according to the following procedures:
• All Vital Records shall be stored in a secure, safe and controlled environment, to protect the records from theft or damage (i.e. vault or Records Center). • Vital Records that are in use but are required to be kept in a secured area, should be returned to the secured area at the end of each workday. Vital Records should not be allowed to accumulate on desks or in unprotected areas. • The Information Technology Division shall back up the City’s Servers, and imaged records each business day in accordance with procedures established with the Administrative Services Director. The backup copy will be stored at an off-site location to be used for recovery if necessary. The address of the offsite location is on file with the City Clerk’s office.
12. DEFINITIONS
Agency
State Agency: Means every state office, officer, department, division bureau, board and commission, or other state body or agency, except courts and the Legislature.
Local Agency: Includes a county, city, school district, or any board, commission or agency thereof, other local public agency, or entity that is a legislative body of a local agency pursuant to subdivision (c) and (d) of Govt. Code Section 54952.
Records Management Program
CC RESO 2022-01 – Exhibit A
Duplicate Records
Copies or reproductions of original records, whether or not the same physical form as the original, which are retained for personal reference or for operational requirements. (Note:
a copy is considered an “original” if the original cannot be located.) Electronic Media Imaging System (EMIS)
In accordance with Govt. Code Section 34090.5, any process or system where City records are photographed, micro graphed, reproduced by electronically recorded video images on magnetic surfaces, recorded in the electronic data-processing system, recorded on optical disk, reproduced on film, optical disk, or any other medium that is a “trusted system” and that does not permit additions, deletions, or changes to the original document.
“Trusted System”: Per Govt. Code Section 12168.7, a combination of techniques, policies, and procedures for which there is no plausible scenario in which a document retrieved from or reproduced by the system could differ substantially from the document that is originally stored.
Inactive Records
Records more than two years old, which are accessed infrequently but may continue to have administrative, operational, legal, fiscal, or historical value in carrying out City business. Inactive Records may be stored off-site, and shall be destroyed in accordance with the City Records Retention Schedule.
Permanent Records
Original records required to be maintained permanently according to law, regardless of whether the record is converted to an electronic media (i.e. magnetic surface, optical disk, etc.). Permanent Records may include, but are not limited to, records affecting the title of real property or liens thereon; court records; records required to be kept by statue; records less than two years old; and minutes, resolutions, or ordinances of the City Council or of its Boards and Commissions.
Person
Includes any natural person, corporation, partnership, limited liability company, firm, or association.
Public Record
Any writing containing information relating to the conduct of the City’s business, prepared, owned, used or retained by the City, regardless of physical form or characteristics (Govt.
Code Section 6252(e)).
Records Management Committee
An administrative committee consisting of designated representatives from each City department (Department Records Coordinators) and the Records Management Staff; created for the purpose of administering and coordinating the Records Management Program. Department Records Coordinators are designated by department directors to maintain and control the disposition of records in the respective departments.
Records Management Program
CC RESO 2022-01 – Exhibit A
Records Management Program
A system for the creation, utilization, maintenance, retention, preservation, and disposition of City records.
Records Management Staff
All City Employees and City Attorney.
Record’s Manager
The City Clerk or his/her designee.
Records Retention Schedule (Exhibit B)
A schedule identifying the records maintained by each City department by class or “series”, and specifying, in accordance with statutory and administrative requirements, the period of time records must be retained before they may be destroyed.
Subpoena duces tecum
(also called a subpoena for production of business records if documents are sought before trial) requires the person or entity that is served to gather and produce certain records or documents identified in the subpoena. A subpoena may call for both personal attendance at trial/deposition and the production of records. Failure to obey a subpoena is a contempt of court and can result in sanctions imposed by the court, including a fine.
Transitory Communications
Routine correspondence or other documents having short-term value and which are (1) not an integral part of administrative or operational records, (2) not required to sustain administrative or operational functions, (3) not regularly filed under a standard records classification system, (4) not required to meet statutory obligations, and (5) recorded only for the time required for completion of actions or ongoing records associated with them.
Vital Records
Records containing information essential for the City to resume operation after a disaster; records containing information regarding claims to present or future income; records necessary to protect the City against fraud or overpayment; and records furnishing data on current assets, equipment, securities and real estate. Vital Records may include, but are not limited to, current financial statements, ledgers, property deeds, leases, contracts, permits, licenses, original plans and specifications for City streets and facilities, ordinances, resolutions, and minutes of the City Council, Commission and Committee meetings.
Writing
Means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created regardless of the manner in which the record has been stored.
Records Management Program
CC RESO 2022-01 – Exhibit A
EXHIBITS
Exhibit B – Records Retention Schedule
Exhibit C – Records Inventory & Identification Form
Exhibit D – Request for Amendment to Records Retention Schedule Form Exhibit E – Authority to Destroy Obsolete Records Form
City of Los Alamitos Records Retention Schedule
GENERAL RECORDS Schedule A
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Agreements Agency/Dept. Head-approved Contracts entered into by the City relating to goods, services, legal settlements, and programs
Expiration date 4 years Code of Civil
Procedures Sec.
337.2; GC 34090 et
seq.
City Clerk
Budget Backup Documentation Budget forms and other support documents Fees Documentation Budget forms used to justify setting or increasing City Fees
Agenda Meeting Agendas 2 years GC 34090 (d);
34090.5 Originating Dept.
Minutes Meeting Minutes Permanent GC 34090 (e) City Clerk Council Request Forms used by the Council to request information and/or certain Staff actions
Request date 2 years GC 34090 et seq. Originating Dept.
Incoming General Correspondences Receipt date
Outgoing General Correspondences Transaction date
Personnel Complaints about customer services, employees, employee actions or employee conduct
Resolution of
Complaint
5 Years EVC 1045, GC
12946, PC 801.5, Personnel
Operations Complaints about customer service, maintenance, repairs, or materials
Resolution of
Complaint
3 years CCP 338, 342, GC
945.6
Receiving
Department
Emails City emails saved on server All email communication saved on server Receipt date 90 days GC 34090 et seq. IT General Records not specifically listed
*requires review by the City Clerk and
City Attorney
Any writing or recording that contains information
related to the conduct of the public's business
prepared, owned, used, or retained by the City
regardless of physical form or characteristics
Date of record 2 years GC 34090 et seq
Originating Dept.
Exception Sheets Date prepared 3 years Payroll
Leave of Absence (Except Medical
Leaves; see Personnel Services
Schedule)
Pay Period date 2 years
Payroll
Projects General Project Files Project files including correspondence, reports, and relevant back-up documentation
Folder year date 3 years GC 34090 et seq. Originating Dept.
Logs General Logs Books or Files Detailed log of documents Folder year date 3 years GC 34090 et seq. Originating Dept.
Memos Memo City Manager's Weekly Memo, etc. Distribution date 2 years GC 34090 et seq. Originating Dept.
Administrative Rules and Regulations Policies, procedural directives and manuals developed by the City to govern internal management functions
Creation date Until
Superseded
GC 34090 et seq.
City Clerk
Procedure Manuals Position specific manuals, etc. Creation date Until Superseded
GC 34090 et seq. Personnel
Press Releases Press Release City wide Press-releases, Facebook posts, and website updates
Post date 2 years GC 34090 et seq. Originating Dept.
Publications Publications produced by the City and
made available to the public.
May include newsletters, pamphlets, brochures,
leaflets, reports, studies, proposals, and similar
published records.
Publication date 2 years GC 34090 et seq.
Originating Dept.
Originating Dept.
City Boards and Commissions Meeting date
Correspondence
"Loose" correspondences that cannot be legitimately
attached to some major record series such as
Agreement or Project
2 years GC 34090 et seq.
Originating Dept.
Policies
Budget Adoption date 2 years GC 34090 et seq.
Payroll Forms to change labor expenditures to applicable Fund and Activity other than home account
GC 34090 et seq.
Complaint Files
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City of Los Alamitos Records Retention Schedule
GENERAL RECORDS Schedule A
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Recordings of telephone and
Radio Communications
Audio Recordings Routine daily taping and recording of telephone communications and all radio communications relating
to the operations of the Departments
Recording date 6 months GC 34090.6 (a)
Originating Dept.
Reports Travel Request Reports, Payroll,
Accounts Payable
Original Copies in Finance; Duplicate copies in
respective Departments
Date prepared 2 years GC 34090 et seq. Finance
Routine Video Recordings Video Recordings Video or electronic imaging system designed to record the regular and ongoing operations of the Departments,
including in-car video systems, jail observation and
monitoring systems, and building security taping
systems
Recording date 1 year GC 34090.6 (a)
Originating Dept.
Surveys and Questionnaires City issued surveys and
questionnaires.
Records related to data collection. May include notes or papers used to develop survey tools, data collection
tools, results or analysis or collected data and reports.
Date completed 2 years GC 34090
Originating Dept.
Transitory Communications Temporary files used solely for the purpose of transmitting and routing
conversation and/or communicative
information.
May include but is not limited to email, email
subscriptions, spam, instant messaging, text
messaging, and voicemail.
Date received Not to exceed
60 days Originating Dept.
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City of Los Alamitos Records Retention Schedule
City Clerk's Office Schedule B
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Abatements Abatement of various undesirable
conditions
Files on dangerous buildings garbage, trash and weed
abatement, public nuisances and other related Council
actions including correspondences and request for
action
Folder year date Hardcopy - 2
years,
Laserfiche
imaging -
Permanent
GC 34090 et seq.;
34090.5; see
Agenda City Clerk
City Identification Articles of Incorporation, City Emblem, City Seal, City Flag, City Logo, and other related items
Implementation
date
Permanent GC34090 et seq.
Misc. Correspondences Includes both ingoing and outgoing general correspondence, including letters and e-mail along with citizen feedback; various files, not related to specific cases and not otherwise specifically covered by the
retention schedule.
Folder year date 2 years GC 34090 et seq.
Records Destruction Authorization
Form
Original with signatures Destruction Date 5 years GC 34090 et seq.
Agreements City Council Approved Original contracts and agreements and back-up materials, includes leases, equipment, services,
licenses or supplies services/maintenance, medical,
dental and long-term disability contracts; may contain
attachments such as deeds, insurance certificates
Agreement date T + 4 years CCP 337.2, 343;
GC 34090 et seq.
Collective Bargaining Agreements Includes amendments, side letters, and Memorandum of Understandings (MOU)
Agreement date T + 4 years 29 CFR 516.5
Development Agreements Infrastructure contracts, franchise, maintained for seven years.
Agreement date Permanent CCP 337, 337.1,
337.15; GC 34090
et seq.; 48 CFR
Employment Agreements - At-Will
Employees; Temporary Employees
Original agreements/contracts for at-will employees or
temporary employees
Agreement date T + 4 years CCP 337.2, 343;
GC 34090 et seq.
Insurance, Joint Powers Agreement Accreditation, MOU, agreements and agendas Agreement date T + 4 years GC 34090 et seq.
City Manager Approved Up to $10,000 - Original contracts and agreements and back-up materials, includes leases, equipment,
services, licenses or supplies services/maintenance,
medical, dental and long-term disability contracts; may contain attachments such as deeds, insurance
certificates
Agreement date T + 4 years CCP 337.2, 343;
GC 34090 et seq.
Real Property Original contracts/agreements regarding the development of real property, design, specifications,
surveying, planning, supervision, testing, or
observation of construction or improvement to real
property
Agreement date T + 4 years CCP 337.15
Capital Improvement Projects (CIP) Winning bids (originals) for Council-approved contracts for construction, improvement, maintenance,
rehabilitations of public facilities including change
orders, contingency increases, bid bond/bond for
faithful performance, insurance certificates
Project approval
date
T + 4 years CCP Sec. 337
Administration
City Clerk
City Clerk
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City of Los Alamitos Records Retention Schedule
City Clerk's Office Schedule B
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Appeals and Calls for Review Appeals and Calls for Review - Los Alamitos Municipal Code (LAMC)
Chapter 17.68
Hearing Officer Reports, correspondence,
memorandums and other documents relating to
Appeals
Appeal application
date
C + 2 years GC 34090 et seq.;
LAMC Chapter
17.68 City Clerk
Applications for Boards and
Commissions - Not selected
Applications for B&C received during a filing period and not appointed by Council
Folder year date 2 years GC 34090 et seq.
Applications for Boards and
Commissions - Selected
Applications for appointed Commissioners Appointment date T + 5 years GC 34090 et seq.
Local Appointments List (Maddy Act) List of all regular and ongoing Boards, Commissions, and Committees appointed by the City Council -
pursuant to the Maddy Local Appointive List Act
GC 54970, GC
34090 et seq.
Until superseded
(new list
prepared each
Dec. 31st)
GC 54970, GC
34090 et seq.
By-laws Rules and procedures Adoption Permanent
Code Books By Subject Los Alamitos Municipal Code, Uniform Fire Codes, Uniform Building Codes, National and State Electrical
Codes, Mechanical Codes, Uniform Solar Energy
Codes, Uniform Spa and Hot Tub Codes, Uniform
Plumbing Codes, etc. adopted by ordinance and/or by
reference.
Adoption Permanent- Until
superseded
GC 34090 et seq.
Adopted by Council
and/used as
reference, stored in
Building Dept.
Deeds By Street Documents showing ownership of real property including grant deeds, quit claim deeds, easement
deeds, abandonment of streets or alleys
Recording Permanent GC 34090 (a)
City Clerk
Elections Assessment District/Ballots, Prop. 218 Property related fees (assessment ballot proceedings and competed ballots); Ballots - Property related fees
(Assessment Ballot Proceeding). Ballots are
disclosable public records during and after tabulation.
Recording Permanent GC 34090 (a)
General Election/Historical Data Statistics on population voter registration, election turnout, election results, sample ballots, copies of
election results, proof of publication, certificate of
election, and oaths of office
Election date Permanent
Petitions - Initiative/Recall/
Referendums
Not a public record - documents resulting in an election - retention is from election certification. Charter
amendments, initiatives, recalls, and referenda;
includes intent to circulate petition, text of petitions, City Attorney approved petition titles, proof of publications, and all related documents
Certification of
Election Results
OR Clerk's final
exam of petition
8 months EC 17200, 17400,
GC 6253.5; EC
17400; GC 34458-
60; EC 17200
requires petition
documents to be
kept 9 months after
Council adoption of
election results or
after Clerk's final
exam of petition if
no election
Charter Amendments Documents related to election on Charter amendments Origination date Permanent GC 34458-60; GC 34090
Boards and Commissions
City Clerk
City Clerk
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City of Los Alamitos Records Retention Schedule
City Clerk's Office Schedule B
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Nomination Documents - Successful All nomination documents and signatures in lieu of filing petitions
Election date T + 4 years EC 17100
Nomination Documents -
Unsuccessful
All nomination documents and signatures in lieu of
filing petitions
Election date Election + 5
years
GC 81009 (b)
Bond Exhibits - By Bond Issue Bond document references in enabling resolutions or ordinances approved by City Council;
Authorization/public hearing
records/prospectus/proposals/certificates/notices
(transcripts)/registers/statements
Meeting date Cancellation,
reduction or
maturity + 10
years
CCP 336a, 337.5
Finance
Bond Transcripts - By Bond Issue Backup documents of bond issues e.g., legal options of bond counsel
Maturity date 2 years GC 34090 et seq. Finance
Comprehensive Annual Financial
Report (CAFR)
Annual Financial statements on City assets, liability,
revenues and expenditures prepared by City staff and
subjected to an independent audit
Year date 2 years GC 34090 et seq. Original in
Administrative
Services, copy
maintained in
Clerk's Office for
public review
Fair Political Practices
Commission (FPPC)
Campaign Statements - City Council,
elected (originals)
Original statements of elected candidates and
committees supporting elected candidates of City
Council
Election date Permanent (Can
image after 2
years)
GC 81009 (b); GC
81009 (g)
Campaign Statements - City Council,
not elected (originals)
Original statements of candidates and supporting
committees for candidates not elected to City Council
Election date 5 years GC 81009 (b); GC
81009 (g)
Campaign Statements for other than
City Council (originals)
Original statements of all other persons and
committees
Election date 7 years GC 81009 (c); GC
81009 (e); GC
81009 (g)
Campaign Statements (copies) Copies of reports/statements Election date 4 years GC 81009 (f); GC 81009 (g)
Conflict of Interest Code Required under Political Reform Act; positions must be reviewed by July 1st of every even-numbered year and
amended if necessary
Adoption Date Permanent -
Adopted by
Resolution
GC 87300
Ethics Training Records (AB 1234) Records required to be kept under Gov. Code section 53235.2. Records must show dates that local officials
satisfied the training requirements and the entity that provided the training. Applies to Boards, Commissions,
Elected Officials, and Form 700 filers
Filing year Hard Copy - 5
years after
receipt of
training
GC 53235.2
Statements of Economic Interest -
Form 700 (copies) (elected officials)
Copies of original statements of elected officials
forwarded to FPPC
Termination 4 years GC 81009 (f), (g)
Statements of Economic Interest -
Form 700 (originals) (non-elected)
Originals of statements of designated employees Termination 7 years GC 81009 (f), (g) Gift to Agency Receipt - Form 801
(elected officials)
Agency Report of Ceremonial Role
Events and Ticket/Pass Distribution -
Form 805 (elected officials)
4 years GC 81009 (f), (g)
Financial Documents
City Clerk
Elections (continued)
City Clerk
As required by FPPC Filing year
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City of Los Alamitos Records Retention Schedule
City Clerk's Office Schedule B
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Fair Political Practices
Commission (FPPC) (continued)
Behested Payment Report - Form 803
Agency Report of New Positions -
Form 804
Agency Report of Consultants - Form
805
Pubic Official Appointments - Form
806
Contractors/Service Providers Certificates of Insurance or surety bonds required for individuals and companies on contract with the City.
Date of
Agreement/Project
T of agreement
+ 4 years
GC 34090 et seq.
Insurance Certificates, City Liability, performance bonds, employee bonds, property; insurance certificates filed separately from
contracts
Expiration date Until
Superseded
GC 34090 et seq.;
also under bonds
Insurance, Liability/Property May include liability, property, Certificates of Participation, deferred, use of facilities
Expiration date Until
Superseded
GC 34090 et seq.
Land Use Land Annexation/Reorganizations California Secretary of State Certification, City Certificate with Affidavit of Completion of annexation, and Annexation Map; Notices, Resolutions, Certificates
of Completion
Secretary of State
Filing Acceptance
Permanent GC 34090 et seq.
City Clerk
Legislative Bodies Agendas Copies of complete agenda packets (Original agenda reports filed with appropriate project/subject files)
Meeting date Hardcopy - 2
years,
Laserfiche
imaging -
Permanent
GC 50115; GC
34090 et seq..5
Agenda Notices Notices - Public Meetings including Special Meetings Folder year date 2 years Agenda Publications Affidavits of Publication/Posting - Proof of publication or posting of legal notices. Examples: Notice of Public Hearing, Notice Lien, etc.
Folder year date 2 years
Audio and Video Recordings Recordings of Council Meetings Meeting date Permanent GC 54953.5 (b) Records - audio (for preparation of
meeting minutes)
Includes Council/Commission and Boards Meeting date Until no longer needed for
preparation of
minutes (after
minutes are
approved)
GC 34090 et seq.,
64 Ops. Atty. Gen
317
Logs City Clerk Logs Logs of documents received by the Clerk Folder year date 3 years GC 34090 et seq. City Clerk Public Records Request Public Records Requests Requests from the public for documents retained by the City and supporting documentation
Receipt date C + 2 years GC 34090 et seq. City Clerk
By-laws
Minutes
Resolutions
City Clerk
Insurance (INS)
City Clerk - Original
certificate with
appropriate
agreement of
project
As required by FPPC Filing year 4 years GC 81009 (f), (g) City Clerk Special Agencies Records retained by the Clerk acting as Secretary for Special Agencies. As of March 2015, includes Public
Facilities Corporation.
Approval date Permanent
City Clerk
GC 34090 et seq.
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City of Los Alamitos Records Retention Schedule
City Clerk's Office Schedule B
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Assessment District - By Number Established by the City to provide certain services financed by assessments levied on district properties
enacted by resolution, ordinance
Approval date Permanent GC 34090 et seq.
Underground Utility District (UUD) -
By Number
Documents on Council actions to install new or move
existing utility lines underground as enacted by
resolution
Meeting date Permanent GC 34090 et seq.
City Charter Establishing the City of Los Alamitos as a municipal corporation and chartered City.
Date of Voter
Approval
Minutes Official record of actions taken during Council meetings Meeting date Council Committee Minutes Standing Committees. As of March 2015, Budget Standing Committee and Los Alamitos Unified School
District/City Working Group
Meeting date
Ordinances Laws or orders adopted by the City Council Adoption date Resolutions Legislative actions Adoption date
Special Districts
Vital Records
Permanent GC 34090 (e) City Clerk
City Clerk
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City of Los Alamitos Records Retention Schedule
City Attorney's Office Schedule C
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Federal Court Cases By Case Case file for Federal Court Cases Closing Date 5 years Criminal Cases By Case Case file for Criminal Court Cases Closing date 5 years Judgment and Settlements By Case Concluding Case documents Closing date 10 years Personnel Board of Appeals By Appellant Personnel Closing date 5 years Superior Court Cases By Case Case File for Superior Court Case Closing date 5 years Eminent Domain Cases By Property Case File for Eminent Domain Case Closing date 5 years General Files By Subject Subject matter files Closing date 2 years Code of Civil
Procedures Sec.
337; GC 34090 et
seq.
City Attorney
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City of Los Alamitos Records Retention Schedule
Development Services Schedule D
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Abandonment Alley/Street City agrees to relinquish all rights and real title to underlying property
Approval date Permanent GC 34090 (a) City Clerk
Street Name Any change to description of the street name Street Number Change in numerical identification due to expansion or decrease in numbers
Administrative Services Agreements Contracts entered into by the City relation to goods, services, legal settlements and program
responsibilities; includes Joint Powers Agreements.
Expiration date 4 years
City Clerk
Community Development Block Grant
(CDBG)
Grant documents and all supporting documents;
applications, reports, contracts, project files,
proposals, statements, sub-recipient dockets,
environmental review, inventory, consolidated plans,
CAPERS, etc.
End of grant year End FY +4
years Community
Development
Community Development Block Grant
(CDBG)
Application, agreement, backups to payment requests,
correspondences, etc.
Project completion
date
End FY + 4
years City Clerk
Community Development Block Grant
(CDBG)
City project files paid with CDBG funds Project completion date
End FY + 4
years
Action Items Staff reports to commissions and other legal bodies (excluding City Council)
Date of action 2 years
Bids & Proposals (Successful) As required by the City's Purchasing Ordinance Date of award AU + 5 years Bids & Proposals (Unsuccessful) As required by the City's Purchasing Ordinance Date of award 2 years Bonds Authorization/public hearing
records/prospectus/proposals/certificates/notices
(transcripts)/registers/statements
Cancellation,
redemption, or
maturity
10 years
Grants - Unsuccessful Applications not entitled Date of action 2 years Procedure Manual Administrative Until superseded S + 2 years Agreements Development Contract between City and developer in which the City agrees to guarantee specific entitlement in exchange
for conditions or approval
Expiration date Permanent CCP 337, 337.1(a),
3.37.15; GC 34090
et seq.; 48 CFR
4.703
City Clerk
Applications Alternate Methods and Materials of
Construction
Concepts and materials not covered by current
building code
Approval date Permanent GC 34090 et seq.
Appeals Appealing decisions or requirements of Planning Commission or Community Development Director
made by interested party, individual or group
Approval date Permanent GC 34090 et seq.
Appeals to Code Appealing to Uniform Code Appeals Board to resolve code disputes
Approval date Permanent GC 34090 et seq.
Appeals Board To appeal a decision or interpretation of the Building Official to Planning Commission
Approval date Permanent GC 34090 et seq.
Conditional Use Permit (CUP) Specific use of land or buildings in a land use district wherein such use may be so conditionally
Approval date Permanent CG 34090 (a); H&S
19850; 4003; 4004
Community
Development
CCP 337; GC
34090 et seq.
Community
Development
Address Change Approval date
Permanent GC 34090 (a)
Planning
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City of Los Alamitos Records Retention Schedule
Development Services Schedule D
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Applications (continued) Development Review Members of a Committee representing all City agencies to coordinate site plan review comments
Approval date 3 years GC 34090 et seq.
Documentation of Unreasonable
Hardship
Exception from the requirement of the Title 24 Energy
Standards
Approval date Permanent GC 34090 et seq.
Extension Request for additional time to implement conditions of approval for discretionary applications
Approval date 3 years GC 34090 et seq.
Permit Extension Request for additional time to complete repairs and/or corrections
Permit issuance 2 years GC 34090 et seq.
Floodplain Variance Request showing sufficient cause to deviate from the Floodplain Management regulation
Permit issuance Permanent GC 34090 et seq.
General Plan Amendment Alteration or re-designation of land use or policy contained in the General Plan
Adopted date Until
superseded +
2 years
GC 34090 et seq.
Legal Nonconforming Legalizing unpermitted additions or conversions to structures
Adopted date Life of
structure + 2
years
GC 34090 et seq.
Lot Line Adjustments Minor modifications of existing lot lines Recorded date Permanent GC 34090 et seq.
Minor Exceptions Waiver of modification of those zoning provisions which pertain to minimum requirements
Approval date 2 years GC 34090 et seq.
Pushcart License Permit to operate a pushcart Permit issuance 2 years GC 34090 et seq.
Residential Relocation Any relocation of a residential structure from one parcel to another
Permit issuance 2 years GC 34090 et seq.
Planed Sign Program (PSP) Mechanism to insure the coordination of signage within a development site
Approval date Permanent GC 34090 et seq.
Planning Commission Site Plan
Review
Project plans requiring approval of Planning
Commission
Until superseded or
building is
demolished
Permanent CG 34090 (a); H&S
19850; 4003;4004
Specific Development used to create project or area specific standards of property through an amendment application
Adopted date Permanent CG 34090 (a); H&S
19850; 4003;4004
Specific Plan Used to create special zoning districts through an amendment application
Adopted date Permanent CG 34090 (a); H&S
19850; 4003;4004
Subdivision Parcel Map (or Parcel
Map)
Consolidation or division of four or fewer parcels Recorded date Permanent GC 34090 Tract Map Division of five or more parcels Recorded date Permanent CG 34090 (a) Variance Request for variation from Zoning Code Approval date Permanent CG 34090 (a); H&S 19850; 4003;4004
Amendment Application Amendment, supplement or change of district boundaries
Adopted date Permanent CG 34090 (a); H&S
19850; 4003;4004
Zoning Ordinance Amendment (ZOA) Change to the Zoning Ordinance Adopted date Permanent CG 34090 (a); H&S 19850; 4003;4004
Planning
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City of Los Alamitos Records Retention Schedule
Development Services Schedule D
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Certificates Compliance Ensures compliance with the current code Approval date Life of structure + 2
years
Planning
Certificates (continued) Land Use - Temporary Type of permitted use for minor uses such as temporary activities
Approval date Current + 2
years
CG 34090 (a); H&S
19850; 4003; 4004
Land Use - Permanent Public documentation of legal exterior pay telephones Approval date Permanent CG 34090 (a); H&S 19850; 4003; 4004
Satellite Dishes Approval date Life of
structure
Temporary Certificate of Occupancy Allows occupancy before final permits is issued Permit issuance Permanent GC 34090 et seq. Building California Environmental Quality
Act (CEQA)
Categorical Exemption Brief statement that a project is exempt from CEQA Environmental Impact Report (EIR) Document disclosing impacts of project development; may include detailed technical studies
Environmental Review Correspondence, consultants, issues, conservation Mitigation Monitoring Program Prepared for all projects in which mitigation measures have been incorporated in the environmental
document
Negative Declaration Included Environmental checklist to discuss areas of potential project impact; mitigation measures may be
included
Notice of Completion Informs agencies and general public that a lead agency has prepared a Draft EIR for public review
Notice of Determination Prepared by lead agency after an EIR has been certified or Negative Declaration has been approved;
beings a 30-day statue of limits to challenge project
Responses to Comments (Final EIR) After lead agency receives public comments on the Draft EIR, each comment raised is given response
Statement of Overriding
Consideration
When an EIR is prepared for a project that has
unavoidable adverse impacts, this document is
prepared to provide decision makers with an
explanation of why the project benefits outweigh any
adverse environmental effects
Facts and Findings Findings are made for each significant effect identified in the EIR
Code Enforcement Liens and Releases Utilities, abatement, licenses Inspection date 2 years; permanent if
document is
recorded
GC 34090 et seq. Code
Enforcement
Completion +
2 years
Permanent
Permanent
GC 34090 (a);
CEQA Guidelines Approval date
Planning
Planning
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City of Los Alamitos Records Retention Schedule
Development Services Schedule D
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Reports, Federal and State Statistics, may contain records affecting title to real property or liens
Inspection date
Citations and Case Files Notice of Violation, Infractions. For vehicle only in front yard parking vehicle for sale
Issuance date
Complaint Criminal Referral to City Attorney for action Issuance date 2 years GC 34090 et seq. Code Enforcement
Covenants and Agreements Access and Parking Common access/parking between two or more properties
Covenants and termination of
Covenants
Legal description of parcel land
Determination of Nonconforming
Status
By Property A legal determination of a use or building on a site which does not conform to current standards
Approval date Permanent Planning
Development Photographs Aerial photographs Approval date Permanent GC 34090 et seq.
Projects not completed or approved Building, engineering, planning Approval date 2 years GC 34090 et seq.
Reports Periodic activity issuance date 2 years GC 34090 et seq.
Finding of Fact Planning Commission/Zoning
Administrator
Written finding which shall specify all facts relied upon by City Council, Planning Commission, or Zoning
Administrator in rendering its decision and in attaching conditions and safeguards
Approval date Permanent GC 34090 (e)
Planning
General Correspondence General, including citizen feedback, letters, email; various files not related to specific cases and
otherwise specifically covered by the retention
schedule
Received date 2 years GC 34090 et seq.
Project Files Project files including correspondences, reports, and relevant back-up documentation
Completion Date 3 years CCP 337; GC
34090 et seq.
Planning/Engineering Materials board, renderings, boards and photographs Approval date Permanent GC 34090 et seq.
General Plan General Plan Document Image on completion, 1 paper copy in Clerk's Office until superseded
Council Approval
Date
Permanent GC 34090 et seq. Planning
Inspection Business License Certificate of
Occupancy
Inspection for finance and planning divisions Permanent Notice of Violation Corrections and/or violation to be resolved prior to final approval
Reinsertion For additional inspections above the normal requirement
Report: fire damage Examination of the extent of the damage Investigation Notice Special investigation and/or
complaint
Request by Fire Department Issuance date 2 years
Notice and order of substandard Repairs or demolitions to buildings or structures Closure date Settled date + 2 years
Violations Noncompliance with City Codes Closure date Settled date + 2 years
Special investigations Pre-inspection for code compliance Inspection date 2 years Code Enforcement (continued)
Code
Enforcement GC 34090 et seq.
2 years;
permanent if
records affect
title or lien
GC 34090 et seq.
Community
Development
Building
Approval date
T + 10 years CCP 337.15
Issuance date
2 years
GC 34090 et seq.
Community
Development
Community
Development
Building
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City of Los Alamitos Records Retention Schedule
Development Services Schedule D
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Permits By property Building, Electrical, Grading, Mechanical, Plumbing, and Solar permits to allow for code compliance
Issuance date Permanent GC 34090 (a); H&S
19850; 4003; 4004 Building
Film Permit Granted for the purpose of photographing or filming Expiration date 2 years Home Occupancy Business use which does not alter the residence Approval Date Permanent Special Event Parades, athletic events and public assemblies as established in LAMC Chapter 12.44
Event date T + 2 years
Temporary Sign Permits System to control size, location, type and number of off premise signs located on private property
Approval date Permanent
Temporary Sign Permits, Home
Occupation
Building signs (temporary) Approval date 2 years
Temporary Use Permit
Temporary uses conducted on privately owned
property outside of a private structure (e.g., carnivals, car washes, outside displays/sales, etc.) LAMC 17.46
Expiration date 2 years
Receipts Application Fees for various divisions permits, applications, etc. Validation date AU + 5 years 26 CFR 31.6001- 1(e)(2)
Community
Development
Report Asbestos Verification of reports accuracy
Federal/State Statistics to various government agencies Soils Report
Plans By Property Engineered plans pertinent to commercial structures Approval date Permanent Building Vital Records Register of Historic Properties Applications, photographs or property designated by Council action as historic property as enacted by
resolution
Approval date Permanent GC 34090 (a)
City Clerk
Community
Development
GC 34090 et. seq
Issuance date Permanent GC 34090 et seq.
Planning
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City of Los Alamitos Records Retention Schedule
Administrative Services and Finance (ASF) Schedule E
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Accounting and Budget Projects Contains project documents for grants, agreements, billing reimbursement
Date completed 7 years GC 34090 et seq. ASF
Year-end Accrual End of year accounts payable accruals, annual emission fee report
Date prepared 4 years
Disbursement Edit Listing List of paid invoices by fund and activity Run date 7 years Vendor payment documents for
grants or capital projects
Supporting documentation for disbursements for City
expenditures for grants or capital projects
Beginning grant
period date
10 years
Vendor Claim Check Register Lists payments to vendor Date prepared 7 years Unpaid billing Lists unpaid billings Date prepared 4 years GC 34090 et seq.
Transaction History Report Accounts receivable historical data Run date 5 years GC 34090 et seq.
Americans with Disabilities Act
(ADA) Title II
ADA Transition Plan Tracking of structural changes required to bring organization into compliance with Title II of the ADA
2015 Permanent ADA Title II;
Section 504,
rehabilitation Act
ASF
Appropriation/Adjustments Changes to City budgets as approved by Council and/or City Manager
Date prepared 3 years GC 34090 et seq. ASF
Audit Working Papers Audit documents; year-end financial work papers Date prepared 3 years GC 34090 et seq. ASF Daily Bank Balance Report Reports of daily banking activity Date prepared CU +3 Deposit Slips Treasury's copy of all City deposit slips set to bank Date prepared Audit + 4 Return Checks Copies of customers checks returned by bank, letters sent to customers, etc.
Received Audit + 5
Statements Statements relating to investment banking Received CU + 3 GC 34090 et seq.; GC53607
Transfer Activity Records Documents pertaining to the wiring of funds to/from bank accounts
Date prepared Audit + 2 GC 34090 et seq.;
GC53607
Business License Tax Monthly Register Reports Miscellaneous Business License Account summary information reports
Date prepared CU + 3
Deletion Records Deleted and/or canceled accounts Date canceled T + 3 Gross Receipts and Variable
Assessments statements
Business License Tax statements filed by business
operators
Date received CU + 3
Miscellaneous Receipts receipts for miscellaneous payments Date prepared CU + 3 Original applications Original business license tax applications Application date 7 years Payment records Statements Relating to calculation and payment of business license tax
Date received CU + 3
Renewal registration records Statements relating to business owner information Date received CU + 3 Payments/Daily Cash Receipts Business License Tax payments received and process via treasure cashiers
Date received Audit +4
Statements and Account
Reconcilement
List all bank-cleared City checks; filed by name and by fiscal year
Date prepared Audit +5
Bonds Bond Documents and Schedules Revenue, refunding and financing of City Projects Audit + 4 GC 34090 et seq. ASF Checks Voided/Canceled Checks and
Related Reports
Checks voided/canceled; issued by the City; includes
Workers Compensation, Payroll and vendor; includes
checks voided as a result of printer misalignment Date issued Audit +5 GC 34090 et seq.;
CCP 337 Treasury
Community Development Block
Grant (CDBG)
CDBG Report List CDBG project expenditures, encumbrances, and available balances
Date prepared Terminate+ 4
years
GC 34090 et seq. ASF
Accounts Payable
ASF
Accounts Receivable ASF
GC 34090 et seq.
IRS Reg 31.6001-
1(e)(2)
GC 34090 et seq.
Banks
Treasury
GC 34090 et seq. ASF
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City of Los Alamitos Records Retention Schedule
Administrative Services and Finance (ASF) Schedule E
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Comprehensive Annual Audited General Purpose Financial Statements Publication date 15 years GC 34090 et seq. ASF General Ledger Expenditure and Revenue Reports Monthly and Fiscal year Expenditure and Revenue Reports
Period end Audit + 2 years GC 34090 et seq. ASF
Internal Revenue Service (IRS) Form 1099 Self-explanatory; filed by calendar year Date prepared 5 years GC 34090 et seq. ASF Journal Entry General Ledger Documents used to manually post entries to general ledger/cost ledger
Date prepared 8 years GC 34090 et seq. ASF
PGIS Internal Service Fund List labor charged for PWA Project Management employees by account number
Run date 10 years GC 34090 et seq. ASF
PGIS Labor Distribution Report List labor charges Run date 10 years GC 34090 et seq. ASF Posting Errors List labor charges "Unable to post" Completion date 1 year GC 34090 et seq. ASF Overhead Distribution Indirect Cost List indirect costs and overhead charges Date prepared 8 years GC 34090 et seq. ASF Accrual Reports Reports to indicated year to date balances, prior year, owning, current year, entitlements, time taken, etc.
3 years
Attendance Reports Daily attendance postings 10 years
Retirement Reports Employee reportable earnings/contribution reports 10 years Employee Earnings W-2 YTD W2 earnings (ER copies of W2) Audit + 4 Earnings Check Registers Pay period employee earnings 10 years State Quarterly Reports Quarter employee earnings 10 years Leave of Absence (except Med.
Leave, see Personnel)
Authorizing absences forms 2 years
Time Exception Sheets Labor Expenditure charges to applicable fund/activity other than home account.
3 years
Bids/Proposals Original bid, bids received, bid list, advertising record Completion date 3 years Travel Request and Expense Reports Self-explanatory Travel date Current Year + 2 years
Liens Permanent
Collection Agency Records 7 years
Parking Ticket Processing 3 years
Payment Stubs 2 years
All other revenue records May include, but is not limited to: Account adjustment sheets; business tax files (applications, renewal
forms); return check processing; cash receipts; credit; debit; purchase card receipts; authorization forms;
business, transfer; and utility users tax records;
transient occupancy tax; utility user tax rebate; deposit slips; business tax correspondence and affidavits;
payment reports
5 years
Checks Voided/Canceled Checks and
Related Reports
Checks voided/canceled; issued by the City; includes
Workers Compensation, Payroll and vendor; includes
checks voided as a result of printer misalignment Date issued AU + 5 GC 34090 et seq.;
CCP 337 Treasury
Labor
Date prepared
Generating
Department
Payroll
Payroll Documentation
Revenue Records
Date prepared GC 34090 Payroll
GC 34090 et seq.
IRS Reg 31.6001-
1(e)(2), 26 CFR
1.6001-1, RTC
19530
Purchasing Documentation
GC 34090 et seq. Purchasing
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City of Los Alamitos Records Retention Schedule
Administrative Services and Finance (ASF) Schedule E
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Checks (continued) Paid Checks Paid checks issued by the City; includes Workers Compensation, payroll, and Vendor Checks
AU + 5 GC 34090 et seq.;
CCP 337
Transmission of all checks issued by
City to Bank
List of all City check issued to allow bank to clear
check through account for positive pay
CU + 2 GC 34090.7
Filing Records Original registration Registration date T + 3 GC34090 et seq. Treasury Payment Records Monthly Filings and remittances Date received CU + 3 GC 34090 et seq. Treasury Collections Itemization of citation payments collected by contract services agency
Date received
Register Parking citation payments processed by Treasury Staff Date received Amounts Written-off report List of parking citations wrote-off by DMV Date received Citations Referred to DMV Itemization of citations refereed to DMV for collection Date prepared DMV Collections DMV parking citation collections Date prepared Refund Requests Business Tax office; Utility Users Tax
and Misc. Refunds
Refund requests including supporting documentation Date processed CU +3 GC 34090 et seq. Treasury Daily Treasurer's Reports Report of daily revenues received with detail payment information and related working papers
Date prepared CU + 3 GC 34090 et seq. Treasury
Treasury Investment Activity Records All documents pertaining to investment activity Date prepared CU + 3 GC 34090.6 Treasury Exemption Applications Homeowners low income exemption application Decision date CU + 3 Filing Records Original registration Date received T + 3 Maximum Tax filings Annual registration and maximum tax payment records Date received CU + 3 Payment Records Monthly filings and remittance Date received CU + 3 Date issued Treasury
GC 34090 et seq. Treasury
Utility Users Tax (UUT)
Transient Occupancy Tax (TOT)
Parking Citations
CU + 3 Treasury
Treasury
GC 34090 et seq.
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City of Los Alamitos Records Retention Schedule
Personnel Schedule F
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Medical/Dental/Vision/Life/LTD/Flexibl
e Spending Account and any other
Insurance Carrier
Billings from insurance carriers
Unemployment Insurance UI quarterly bills from State of California Employment Development Department and summaries of payments
made by the City
Candidate Files (Unsolicited and
Unsuccessful)
Records used during the hiring
process.
May include, but is not limited to: applications, rating sheets, reference checks, interview questions,
psychological examination, medical examination,
correspondence.
Date received 3 years
GC 34090 and
12946, 29 CFR
1602.31 &
1627.3(b)(ii), GC
12946
Personnel
Complaints/Requests for
Accommodations
Dental insurance contract files
Life Life Insurance contract files
Long Term Disability (LTD) Insurance Long-term Disability (LTD) contract files Medical/Dental/Vision/Life/LTD/Flexibl
e Spending Account and any other
Insurance Carrier
Medical Insurance contract files
Flexible Spending Account Flexible Spending Account contract files Employee Assistance Program (EAP) Employee Assistance Program contract files Retiree Health Savings Plan Supplementary Retirement Plan contract files Records of positive alcohol test results (0.02 or
greater) and positive drug test results
5 years
Documentation of refusals to take required alcohol
and/or drug tests; documentation of follow-up tests
and test schedules
5 years
Information obtained from previous employers re: drug
and alcohol test results of employees
3 years
Records pertaining to the inspection maintenance and
calibration of EBTs
2 years
Records of negative and canceled drug tests results
and alcohol test results w/ concentration of less than
0.02 1 year
Contract Files
Expiration Date Permanent Department
Defined City Clerk
Department of Transportation
(DOT)
Record Date
Procedures for
Transportation
Workplace Drug
and Alcohol Testing
Programs, Part 40,
Section 40.333
Procedures for
Transportation
Workplace Drug
and Alcohol Testing
Programs, Part 40,
Section 40.333 and
40.25 Personnel Random DOT Drug and Alcohol
Testing
Billings
Date received 5 years Personnel Department
Defined
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City of Los Alamitos Records Retention Schedule
Personnel Schedule F
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Employment Eligibility
Verification (Form I-9)
Full/Part-Time Employees U.S. Dept of Justice Immigration and Naturalization forms completed and signed by EE and reviewed and
verified (with necessary documentation) by employer
representative
Date of
Employment
3 years after
the date of
employment or
1 year after
employment is
terminated
whichever is
later.
Immigration Reform
and Control Act of
1986, Pub. L. 99-
603 (* USC 1324a)
& WCL, Section
3212
Personnel
Dental Insurance
Flexible Spending, Section 125
Life Insurance
Long-Term Disability Insurance
Retire Health Savings Plan
COBRA
Medical Insurance
Employment and Personnel records Personnel and employment records, including application forms, records pertaining to promotions,
layoffs, terminations, salaries and training
Record Date
Involuntary Termination Personnel records of terminated employees Termination Date State and Local Government
Information Report (EEO-4)
Copy of EEO-4 Report EEOC, 29 CFR,
Sect. 1602.32
State and Local Government
Information Report (EEO-4)
Employment records regarding race, color, national
origin or sex
EEOC, 29 CFR,
Sect. 1602.30
Equal Employment Opportunity
Commission (EEOC); Title VII -
Civil Rights Act
Charge of Discrimination Personnel and/or employment records relating to the charge, including application forms, records pertaining to promotions, layoffs, terminations, salaries and
training
Date of record or
personnel action
Until final
disposition of
complaint + 2
years
EEOC, 29 CFR,
Sect. 1602.14 and
Section 1602.31 Personnel
Fair Employment and Housing
Act (FEHA)
Complaints Personnel and employment records, memorandums, letters or other records of complaints or requests
received and responses/action taken
Date of record or
documentation
received by
Personnel
2 years after
the date of
employment or
other action
taken
FEHA, title II, DIV
3, Part 2.5; Sect.
12956; EEOC, 29
CFR Sec 1602.14
Personnel
Discipline History Forms completed by personnel analysts as a record of disciplinary actions taken on employees in their
assigned department(s)
Date of record
Fitness for Duty Copies of letters sent to employees regarding need for fitness for duty exam. Psychiatrist's evaluations/results of fitness for duty exams.
Letter date
Layoffs Notes/background documentation of layoff actions Layoff date Job Specifications Classification/Compensation Study
records
Basis for salary rates, job descriptions Date study
completed
10 years
Full-time Positions Background material and final job descriptions for all full-time positions
Date approved by
Council
Permanent
until
superseded
Historical Records
3 years Department
Defined Personnel
Department
Defined Personnel
Personnel
Employment Forms (Official)
Enrollment Forms EE Separation/
Termination Date 6 years
29 CFR 1620.30-
.32 & WCL, Section
3212
Personnel
EEOC 29 CFR
Sect. 1602.31
Equal Employment Opportunity 2 years
Commission (EEOC)
Report completion
date
3 years
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City of Los Alamitos Records Retention Schedule
Personnel Schedule F
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Job Specifications (continued) Part-time/Temporary Positions Background material and final job descriptions for all part-time and seasonal positions
Date approved by
Council
Permanent
until
superseded
Department
Defined Personnel
Loss Control Hearing Tests Audio logical test results Employee separation/
termination date
30 years CAL OSHA Title 8
Personnel
Official Personnel Files Certification/Reassignment Forms Request for Certification and/or reassignment forms which document and authorize hiring, reassignment, or
other employee actions
Certificates of Training Certificates issued to employee which show completion date of training class(es)
Commendation Letters Letters of commendation and/or other congratulatory documents received by and/or issued to employee
Disciplinary Actions Memorandums, letters, or other records of proposed and/or implemented disciplinary action (s)
Employee Medical and Exposure
Records
Notes/medical release forms, etc., submitted regarding
employee's medical condition
30 years US OSHA 29 CFR
1910.20; CAL
Oshawa Title 8
Drug Screen Test Pre-placement and drug screening authorization and acknowledgement form(s) and results of drug
screening
30 years US OSHA 29 CFR
1910.20
Family Medical Leave (FML) Basic employee data (name, address, class title, pay rate, hours worked per pay period; additions to or
deductions from wages) dates (or hours) FML
reinstated/take; FML notices given to employer by
employee; documents from employer describing FML
Policies; records of premium payments or employee
benefits; records of any disputed confidential files;
records/documents relation to medical certifications
Date FML
requested/
granted
3 years Federal Family and
Medical leave Act
of 1993; 29 CFR
825.500; GC 12946
Grievances (Closed) Files containing employee's, group of employees', or the Union's timely completion as defined in the MOU
5 years 29 CFR 1602.30-
.32 & WCLC
Section 3212
ID Form Form completed by new employees providing
identifying information used to process records check
5 years
Job Application Applications for employment and resumes (if any) for hired employees
5 years
Medical Leave of Absence Leave of Absence forms used in documentation of medical leave (including pregnancy leave and family
and medical leave)
3 years 29 CFR 825.500
5 years
29 CFR 1602.30-
.32 & WCLC
Section 3212
Separation/
termination date
Separation/
termination date
Separation/
termination date
Personnel
Personnel
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City of Los Alamitos Records Retention Schedule
Personnel Schedule F
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Official Personnel Files
(continued)
Miscellaneous Documents Documents not specifically mentioned but kept in official personnel file
If medicalrelated, 30
years; nonmedical, 5
years
Medical related -
US OSHA 29 CFR
1910.20; nonmedical related - 29
CFR 1602.30-.32 &
SCLC, Section
3212
Notice of Separation Form completed by employee and/or department indicating effective date of separation, last day on the job, reason for separation, etc.
5 years
Oath of Office Form Completed and signed by employee affirming allegiance to the Constitution of the United States and the Constitution of the State of California
5 years
City Clerk
Outside Employment Form submitted by employee for approval for employee to be engaged in outside employment
5 years
Performance Evaluations Employee performance evaluation forms completed by supervisory personnel re employees' accomplishments
of their assigned duties and responsibilities, etc.
5 years
Pre-Employment Medical Forms completed by employee and medical clinic to assess physical capability of employee prior to hiring
30 years US OSHA; 29 CFR
1910.20
Security Check Form Form completed by Personnel to request Police Department to conduct security check on employee
prior to hiring
5 years 29 CPR 1602.30-
.32 & WCLC
Section 3212
Special Licenses Special licenses issued to employees from DMV, accredited schools, etc., verifying employee meets
certain job-related requirements
5 years
Tuition Reimbursement Requests Copies of applications for training and educational assistance which show employee request, department
head approval, and final disposition of request
5 years
W-4 Form Employee's withholding allowance certificate
completed by employee authorizing employer to
withhold Federal income tax from employees pay
and/or for indicating exemption
5 years
Payroll Salary Schedules Adopted by Resolution of the City Council Adoption date Permanent Original Resolution with
the City Clerk
Personnel Appeals Commission Personnel Appeals Board Hearing Files
Employee Personnel Board of Hearing Files Separation/terminat ion date
5 years 29 CFR 1602.30-
.32 & WCLC
Section 3212
Personnel
Recruitments Background Materials Materials used in the preparation/implementation of recruitments
Date recruitment is
initiated
2 years Department
Defined Personnel
29 CPR 1602.30-
.32 & WCLC
Section 3212
29 CFR 1602.30-
.32 & WCLC
Section 3212
29 CFR 1602.30-
.32 & WCLC
Section 3212
Separation/
termination date
Personnel
Personnel
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City of Los Alamitos Records Retention Schedule
Personnel Schedule F
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Recruitments (continued) Bilingual Certification Forms Forms certifying bilingual capabilities for employees receiving bilingual pay and applicants for recruitments which require bilingual capability
Employees -
Separation/
termination date;
Applicants -
eligibility list
expiration date
Employee - 5
years;
Applicants - 3
years
Department
Defined
Examination Answer Sheets Examination answer sheets completed by applicants during testing process and other testing materials
Examination Files Recruitment examination file folders
Official Eligible Lists Eligible lists signed by City Manager. Lists of individuals placed on an eligible list for hiring
purposes.
Date signed
Testing Materials Contains historical data, used for testing candidates Date eligible list established
Risk Management/Loss Control Accident/Damage to City Property Report
Police reports and Departmental accident reports
Actuarial Studies and Audits Actuarial Audit
City's Liability Coverage Permanent Permanent,
until
superseded
City's Property Coverage Expiration date 2 years
Workers Compensation Insurance Policies Issue date 25 years Liability Claims Against the City Non-litigated tort claims filed against the City for damages to persons or personal property. Filed with
third part administrator
Final resolution
date
2 years;
minors 18th
birthday + 1
year
Department
Defined
Special Events Insurance A "Special Events" coverage, insures third parties for use of City property providing liability coverage for the City
Issue date 5 years Department
Defined
State of California Annual Report State report of workers' compensation liabilities State filing date 2 years Department Defined
DMV Drivers' Records Reports DMV Pull Notice Program Employment date 5 years GC 34090 et seq.; GC 6254 (c) VC
1808.0(c)
Inspection Reports Loss Control inspection reports which show date, time and location of safety inspections, also identifies
hazards
Date inspection
conducted
5 years CAL OSHA
OSHA OSHA Log, Supplementary Record and Annual
Summary (Federal & State Cal/OSHA)
Incident date 5 years LC 6410; 8 CCR
14300.33; 29 CFR
1904.2-1904.6
Department
Defined
City Clerk
Insurance Policies
Earlier of date
eligible list
established or date
recruitment
canceled
3 years 29 CFR 1620.30-
.32
3 years Department
Defined
Personnel
Personnel
Personnel
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City of Los Alamitos Records Retention Schedule
Personnel Schedule F
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Risk Management/Loss Control
(continued)
Accident/Illness Reports For Employee medical records and employee exposure records regarding exposure to toxic
substances or harmful physical agents. Includes
Safety Data Sheets (SDS). Does NOT include; health
insurance claims; first aid records of one-time
treatments for minor injuries; records of employees
who worked less than one (1) year if records are given
to employee upon termination.
Incident date 5 years CAL OSHA
Personnel
AB 1825 Sexual Harassment
Prevention
Sign in sheets and associated training materials Class date 5 years Attendance Sign-In Sheets Management and Leadership training programs forms Sign in date 2 years Class Training records Training records of all classes Class date 2 years First Aid/Report Only Incident Notices that an injury happened - no medical records Final Action date on Claim
5 years LC 5405; 8 CCR
14311
Indemnity Claims Files Open/active and closed/inactive temporary and permanent disability claims files involving exposure to lost time. Permanent disability to be compensated.
Contains medical files and payment history.
Final Action date on
Claim
5 years except
lifetime
medical award
cases
destroyed
upon death of
individual
8 CCR 15400.2
"Medical Only" Claims Files Open/active and closed/inactive claims files. Contain claim forms, billings medical records, check copies,
etc. Employee injury - no loss of work greater than 3
days
Final action date on
Claim
5 years 8 CCR 15400.2
PERS (Sworn) Industrial Disability
Retirement Files (Official)
Claims filed by employees (sworn) for PERS disability
retirement
Application date 5 years GC 21101
Training
Workers' Compensation
Department
Defined Personnel
Personnel
CC RESO 2021-02, Exhibit B
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City of Los Alamitos Records Retention Schedule
Police Department Schedule G
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
ABC Files Name of Premises History of ABC locations. Applications for ABC licenses to sell and/or serve alcoholic beverages.
Application date Permanent GC 34090 et seq. Department
Secretary
Employee Accidents Investigations of accidents involving on-duty Departmental Personnel
In-Custody Death Reports Investigations of in-custody deaths In-Custody Injury/Use of Force Investigations of in-custody injuries and use of force K-9 Reports Investigations of K-9 bite incidents
Officer Involved Shootings Investigations of officer involved shootings Applicant Files By Name Record of applicants not selected Creation date 3 years GC 34090 et seq. Department Secretary
Food/Ice Cream Vendors
Permit Parking
Push Cart Vendors
Taxi Cab
Tow Truck
Citations By Citation Number Parking/Traffic Citations Issuance date 2 years GC 34090 et seq. Records Division
Citizen Complaints By Employee Name Investigations of alleged Employee misconduct Complaint completed date
5 years PC 832.5; 801.5;
803c EVC 1045,
GC 12946; GC
34090 et seq.
Internal Affairs
(IA)
Dispositions (Search and
Seizures)
By Name Search and seizure documents received from Court without case numbers
Date probation
ends
2 years GC 34090 et seq. Police Chief's
Office
Background File Record of background investigation 5 years GC 34090 et seq.
Medical File Medical information for each Employee 30 years US OSHA 29 CFR 191020
Personnel File Employment records., i.e. evaluations, pay changes, commendations, etc.
5 years GC 34090 et seq.
Field Interview Cards By Name Documentation of a filed contact by an Officer Date Written 2 years GC 34090 et seq. Records Division
Finance Petty Cash Receipts - by Fiscal Year Expense vouchers and reimbursement requests Reimbursement date
2 years GC 34090 et seq. Special
Investigations
Financial Disclosure Form By Name Confidential financial disclosure form completed by Employees working designated assignments
Separation date
from designated
assignment
2 years GC 34090 et seq. Personnel
Division
Graffiti Task Force Correspondence, records or interdepartmental actions concerning Task Force issues
Incident date 3 years GC 34090 et seq. District
Investigations
By Name City employment requests for record checks of new Employees and supporting documents
Request date 2 years GC 34090 et seq. Records
Division
By Name Explorer Post applications and performance records of explorers
Termination 2 years GC 34090 et seq. Department
Secretary
Petitions Petition and Orders under PC 1034
(no case numbers)
Court orders requiring the sealing of records Order date 2 years GC 34090 et seq.
Police Reports Child Abuse Reports Self explanatory Close + 10 GC 34090 et seq.
Administrative Investigations
(Internal Affairs Incidents by
Type) Date investigations
completed
GC 34090 et seq. Department
Secretary
Personnel
Division Termination
Application Permits
Personnel
Employee Records
Application forms, letters of approval or denial and
miscellaneous correspondences Acceptance or
denial date 2 years
5 years GC 34090 et seq.
Report date
Records
Division
Police Chief's
Office
CC RESO 2021-02, Exhibit B
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City of Los Alamitos Records Retention Schedule
Police Department Schedule G
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Cities in which a case number is also issued Until DR PurgedGC 34090 et seq.
Police Reports (continued) Domestic Violence Reports Close + 5 GC 34090 et seq.
Fatal Traffic Accidents Permanent GC 34090 et seq.
Felony Reports Close +4 GC 34090 et seq.
Felony Capital Crimes Permanent GC 34090 et seq.
Homicide Permanent PC 799
Marijuana (under 1 oz.) 2 years H&S Code 113615
Non-Criminal Occurrences Current year
+2
GC 34090 et seq.
Officer Involved Shootings Close +25 GC 34090 et seq.
Traffic and Parking Citations Current year
+2
GC 34090 et seq.
Polygraph Files By Calendar Year Pre-employment polygraph examinations Creation date 3 years GC 34090 et seq. Police Chief's Office
Psychological Files By Calendar Year Pre-employment psychological examinations results Creation date 5 years GC 34090 et seq. Personnel Division
Roll Call Briefing Files Information disseminated at roll call briefings Briefing date 2 years GC 34090 et seq. Field Operations
Sexual Harassment
Investigations
By Calendar Year Investigations of sexual harassment complaints Investigation completion date
5 years GC 34090 et seq. Department
Secretary
Statistical Reports Uniform Crime Report (UCR) State reports of statics on crimes and supporting documentation
Date of report 10 years GC 34090 et seq. Operation
Captain's Office
Supervisor Logs By Supervisor's Name Daily logs written by supervisors documenting shift actives
Date Written 2 years GC 34090 et seq. Department
Secretary
Departmental Orders Self explanatory Permanent Permanent GC 34090 et seq. Training Division
Employee Training Records by
Employee Name
Schools and classes attended by police employees Termination Date 5 tears GC 34090 et seq. Training Division
Jail Training Records by Employee
Name
Jail Employee training records Termination Date 5 years GC 34090 et seq. Jail Facility K-9 Training Records Training records of K-9 Officers Termination Date 5 Years GC 34090 et seq. K-9 Unit Law Summary Summaries issued by City Attorney and legal advisor Date of Issue 5 years GC 34090 et seq. Training Division
Range Records Employees' scores and documentation Date Created 5 years GC 34090 et seq. Training Division
Standards and Training for
Corrections (STC)
Mandated quarter and annual report submitted to STC Date of Report 2 years GC 34090 et seq. Jail Facility Training Bulletins Self explanatory Permanent Permanent GC 34090 et seq. Training Division
Trespass Forms Permission form signed by property owner Date of Initial Report
2 years GC 34090 et seq. Filed
Operations
Self explanatory Report date Records
Division
Training Records
Report date
CC RESO 2021-02, Exhibit B
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City of Los Alamitos Records Retention Schedule
Police Department Schedule G
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Vehicles Repossession Logs Record of reposes vehicles reported to the Department
Date of Incident 2 years GC 34090 et seq. Records
Division
Warrants Active Local Warrants Active warrants, teletypes and related documents Served Local Warrants Served warrants, teletypes and related documents Worksheets Served warrant working papers with no case number Date of Service 2 years GC 34090 et seq. Records
Division
CC RESO 2021-02, Exhibit B
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City of Los Alamitos Records Retention Schedule
Public Works Department Schedule H
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Administrative Services Correspondences Misc. correspondences not related to projects Creation date 2 years Permits Bus shelters, news racks Approval date Expiration + 2 years
Construction/Engineering Post Construction Critiques Project/Contractor reviews Completion date Project Files Construction project related files Completion date Bench Marks Vertical survey data Survey date
Centerline Ties Horizontal survey data Survey date
Project Data Project survey data Survey date
Structures Demolitions Completion date
Design Engineering Soil Reports Detailed soil analysis/construction recommendations Report date Permanent Engineering Material Specifications Specifications of materials used in construction projects
Date approved Permanent Engineering
Acquisition File Agent's diary, offer letter and other correspondence, escrow documents
Close of escrow 10 years Engineering
Relocation File Informational documents, claim forms, verification of payment, etc.
Receipt of final
relocation payment
10 years
Engineering
Appraisals Assesses value of property Close of escrow 2 years Engineering Residential Real Estate Included deeds, parcel maps, tract maps, right of way maps.
Creation date Permanent Engineering
Right-of-Way Property Acquisition Completion date 10 years Engineering Development Engineering Industrial Discharge Permits National Pollution Eliminations System Expiration date Permanent Engineering Street Work and Utility Permits Encroachment Permits Completion date 5 years Engineering Transportation/Wide Load Permits Oversized Vehicles Completion date 3 years Engineering Studies Runoff/Drainage Approval date 5 years Engineering NPDES Correspondences and related documents Date issued 5 years Engineering Water Quality Management Plan WQMP Approval date Until super seceded
Development
Services
Industrial Commercial Inspection
Records
Records required by permit Inspection date 5 years Engineering City Program Effectiveness
Assessment
Annual NPDES Report Submittal date permanent Development Services
Storm Water Pollution Prevention
Plan
SWPPP Certificate of
Occupancy
1 year Development
Services
Miscellanies Cash Transaction Contains specific notes Date issued 3 years Engineering Certificate of Insurance Proof of Liability insurance and endorsement Date received Completion +10 years Engineering
Development Project Folder Public Works requirements of approval for private development projects and site plans. Includes copy of
bond release letter
Completion of
project or expiration
of development
agreement,
whichever is later
5 years
Engineering
Development Conditions Public Works conditions of approval for private development projects
Date issued Permanent Engineering
Special Studies Joint powers authorities, etc. Date completed Permanent Engineering GC 34090 et seq.
GC 34090 et seq.
T+ 4 years Engineering
GC 34090 et seq.
GC 30490 et seq. Public Works
CC RESO 2021-02, Exhibit B
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City of Los Alamitos Records Retention Schedule
Public Works Department Schedule H
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Development Engineering
(continued)
Certificates of Compliances City Engineer approval of existing subdivision Date recorded Permanent Transportation Alignment and environmental studies Project date Permanent Reports Measure M, Congestion Management Plan, Arterial Highway Program
Report date 10 years
Over the Counter Public Works requirements of approval for over the counter Projects; site plans
Final sign-off of
permit
2 years
Conditions of Approval - Private
Development
Correspondences regarding Conditions of Approval Date created and signed
Permanent
Drawings Drawings Plans/Drawings including channelization, signal and interconnect plans, City-owned buildings, structures,
wells, reservoirs, widening, overpasses, traffic
management studies, counts, phasing, city yard
construction drawings, civic center facilities, park
structures, streets, alleys, medians, curbs and gutters, sidewalks, transportation center, sewer and water
mains, booster stations, lift stations, pump stations,
MWD connections
Date signed
Drawings Traffic control plans Date signed
Drawings Bike lane and bike trails Completion date
Drawings Park improvements Completion date
Inventory Chemical and Hazardous Material Documents chemicals and hazardous materials owned, used, in the possession in the course of City Business.
Material safety data sheets, disposal, use and storage
records
Last Use 30 years
8 CCR 3204 Public Works
Maintenance Service Requests Requests for maintenance services Request date 2 years Public Works Street Work Reports Monthly street work summary Report date 2 years Public Works Weed Abatement Violations Notices issued and action taken Notice date Completion + 5 years
Code Enforcement
Maintenances Street maintenance, slurry seal, resurface, weed, rubbish, graffiti
Completion date 5 years Public Works
Trees Planting, removal, trimming Completion date 5 years Public Works Driver Equipment Certification Motor carrier safety requirements Date issued 10 years Public Works Field Work Records Supervisor's Crew work records Date of work 2 years Public Works Graffiti Removal Locations/sq. ft. of graffiti removed Date of work 2 years Public Works Traffic Signals Traffic control computer, maintenance Completion date Until Super seceded
Accident Data/Collision Diagrams Location/accident/type/collision diagrams Diagram/Collision date
10 years
Average Daily Traffic/Turning Counts Count data Collection date 10 years Traffic Orders Various parking and traffic controls Install date Permanent School Crossing Study Study to justify crossing guard Completion date 10 years Signal Cabinet Prints Signal wiring diagram Install date Until Super seceded
Signal/LT Phase Warrant Studies to justify left turn installation Install date 10 years Signal Maintenance Operation maintenances Maintenance date 5 years Engineering
Traffic
GC 34090 et seq.
GC 34090 et seq.
GC 34090 et seq. Engineering
Permanent GC 34090 et seq. Engineering
CC RESO 2021-02, Exhibit B
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City of Los Alamitos Records Retention Schedule
Public Works Department Schedule H
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Traffic (continued) Signal Timing Operation timing Maintenance date 5 years Speed Limit Study Restudied every 5 years Approval date 10 years Traffic Control Devices Inventory Installation and maintenance data Work date Life of Structure + 5
years
Traffic/Parking Studies Neighborhoods, schools, parks, special Study date 10 years Requests for Service Citizen-requests, studies Request date 10 years Repairs, Inspection and Preventative
Maintenance
Repairs, inspection and preventative; heating
ventilation and air conditions chiller repair, air condition system refrigerant
State of CA, US
EPA, SCAQMD
Inspection Reports Annual Fire Inspection, 5 year systems inspection, annual fire extinguishers State of CA
Underground Storage Monthly Test
and 3 year inspections
Maintenance of diesel, gasoline tanks on City property State of CA, US
EPA, SCAQMD
Emergency Generators, Internal
Combustion Pressure Pups Emission
and Maintenance
Reports related to emergency power sources and
building fire pump operations State of CA,
SCAQMD
Fleet Maintenance Work order, requisitions, accident reports, logs Active + 5 years
Driver Inspections Active + 3
months
Driver Time Sheets Active + 6
months
Driver Proficiency Life + 1 year
BIT EQU Inspections 1 year
AQMD UST Permits, hazardous Waste Permits Active
AQMD UST Annual Renewal 1 year
Inspection and Reports AQMD UST Monthly Inspection, KPEDS Monthly Inspection, Haz-mat Generator Fee report
1 year
Public Works
Preventative Maintenance
Life of Asset
+2
GC 34090 et seq. Engineering
Service Date
CHP BIT Records Program
Light and Heavy Vehicles,
Equipment
City Yard Operating Permits
Public Works
Public Works
Generation date
Generation date GC 34090 et seq.
GC 34090 et seq.
CC RESO 2021-02, Exhibit B
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City of Los Alamitos Records Retention Schedule
Recreation and Community Services (RCS) Schedule I
RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE
RETENTION
PERIOD AUTHORITY CUSTODIAN
Administration Applications Application date 2 years GC 34090 et seq. RCS Correspondences Misc. correspondences Date created 2 years GC 34090 et seq. RCS Permits Permit date 2 years GC 34090 et seq. RCS
Events City Sponsored Events Records the planning and history of events sponsored by the City. May include, but is not limited to mailing lists, invitations, photographs, media releases,
correspondence, and event diagrams.
Event date 5 years GC 34090 et seq.
RCS
Projects General Project Files Project files including correspondence, reports, and relevant back-up documentation
Folder year date 3 years GC 34090 et seq. Originating
Dept.
Registration Participant Registration and
Attendance Records
Documents the registration and attendance of
participants in sponsored events, activities, and
classes. Records may include registration forms or
cards, class or activity rosters, consent/waiver forms
and related documents.
Last date of
participation
2 years GC 34090 et seq.
RCS
Reservations Reservation Form Facility reservations Event date 2 years GC 34090 et seq. RCS CC RESO 2021-02, Exhibit B
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Records Inventory Identification Form
Box Number: (if applicable)
Department: Date:
Division/Office:
Inventoried By: Ext:
Record Series Title: Record Category:
Alternate Title(s):
Inclusive Dates from: to:
Record Series Description: (content & purpose-be detailed) Record is: Value:
Vital Administrative
Non-record Fiscal
Confidential Historical
Exempt from Legal
Public Disclosure
Original Record Container:
Duplicate Type:
If duplicate, location of original: Quantity:
Filing Method: File Location:
Chronological City Hall-Vault
Alphabetical Room/Office
Subject Records Center
Numerical (inactive)
Geographic
Other:
Department Head's Suggested Retention: Total Years
DESTRUCTION YEAR:
Method and basis for Filing/Retention:
File at Dept. Level then destroy Total Years
File at Dept. Level then transfer to Record Center Total Years Safeguard at Records Center then Destroy Total Years
Retain at Records Center Permanently
Retain at City Hall (vault) Permanently
City of Los Alamitos
Records Management Program
Request for Amendment to Records Retention Schedule Page of Department: Requested By:
Add, Change, Reason for Authority/ Current Retention Proposed or Delete Requested Amendment Legal Retention Retention Change Add record series for meeting preparation GC 34090/2 Years 2 years 2 years Approved
Department Head: Signature: Date:
City Clerk/Records Manager: Signature: Date:
City Attorney: Signature: Date:
Series Title and Description
example:
Council Meetings
City of Los Alamitos
Records Management Program
Authority to Destroy Obsolete Records
DEPARTMENT: DATE: PAGE OF
1 1
DIVISION: PREPARED BY: DESTRUCTION DATE:
RECORD CATEGORY DATE OF RECORDS: REQUIRED LOCATION BOX
(Use Retention Schedule) FROM: TO: RETENTION NUMBER
7/2009 12/2013 T+7 years Vault n/a
Documents have been reviewed and approved for destruction.
APPROVAL (print name and sign)
Windmera Quintanar, MMC, City Clerk
Department Head Date
City Attorney Date
Windmera Quintanar, MMC, City Clerk
City Clerk or Records Manager Date
CERTIFICATION OF DESTRUCTION OF RECORDS
I hereby certify that I caused the records listed above to be destroyed.
Signature Name/Title Date
Destruction Method (circle one)
Shredding Discard Outside Vendor
RECORD SERIES
Description. Attach additional sheets if needed
City Clerk 2/3/2021
City Clerk Windmera Quintanar, MMC, City Clerk
FPPC
*See attached list
The below records are submitted for destruction in accordance with the procedures outlined in the City of Los Alamitos Records Management Program adopted by City Council Resolution. Note: Documents will be reviewed for historical value and, if applicable, retained in the Archives. Documents involved in litigation or pending audit may not be destroyed.
Form 700 (originals) (non-elected) and related file
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 18, 2022 ITEM NUMBER: 9D
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Craig Koehler, Finance Director
Subject: 2022 Budget Calendar
SUMMARY
This report proposes a tentative schedule for the 2022 budget calendar.
RECOMMENDATION
Receive and file.
BACKGROUND
In accordance with the City’s Charter Section 1202 and 1203, the proposed budget shall be prepared and submitted to City Council “at least thirty-five (35) days prior to the beginning of each fiscal year.” After reviewing the budget and making revisions as it may deem advisable, “the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity.”
DISCUSSION
In order to provide ample time for review, analysis and revision of the fiscal year 2022-23 proposed budget, staff has prepared the following schedule for Budget Standing Committee (BSC) and City Council. This schedule is fluid and subject to change to meet the needs of the City.
March 7th BSC – Mid-year review of FY 21/22 budget
March 21st Regular City Council Meeting – Mid-year review of FY 21/22 budget April 18th BSC – Review #1 of FY 22/23 draft budget
May 9th BSC – Review #2 of FY 22/23 draft budget
May 16th Regular City Council Meeting – Presentation of draft budget FY 22/23 June 6th BSC – Review #3 of FY 22/23 draft budget (if needed) June 20th Regular City Council Meeting – Budget adoption (Public Hearing) 2022 Budget Calendar
January 18, 2022
FISCAL IMPACT
None.
Submitted by: Craig Koehler, Finance Director
Approved by: Chet Simmons, City Manager
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 18, 2022 ITEM NUMBER: 9E
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Community Development Block Grant (CDBG) Project Application
SUMMARY
This report seeks City Council approval for the Fiscal Year 2022-2023 Community Development Block Grant (CDBG) project application to the County of Orange. The application was submitted on January 5, 2022 and a resolution of approval is due prior to the grant award.
RECOMMENDATION
1. Adopt Resolution No. 2022-03, entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA APPROVING THE CITY’S PARTICIPATION IN THE FISCAL YEAR 2022-2023 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WITH THE COUNTY OF ORANGE”; and,
2. Authorize the City Manager to execute all CDBG program documents for Fiscal Year 2022/2023 and appropriate amendments, if any, as they become available.
BACKGROUND
The Orange County Housing and Community Development & Homeless Prevention department administers and disperses Federal Community Development Block Grant (CDBG) monies that are received from the Department of Housing and Urban Development (HUD) for cities with a population under 50,000 throughout Orange County. The CDBG Program provides federal funds to for programs towards community development. The CDBG program ranks projects that meet the criteria in the table below, and often only prefers those at the high priority needs level:
CDBG Resolution
January 18, 2022
The County reviews received applications through a competitive grant process. Once grants are awarded, the County assists cities in managing the projects and preparing required reports to HUD. Whether or not the City seeks funding, the County oversees the program.
To assure citizen participation in the design and implementation of the City's allocation of CDBG funds, the Planning Commission held a newspaper-advertised, community meeting concerning these funds at its December 8, 2021 meeting. The two projects brought forth for discussion were a street improvement project on Reagan Street and Howard Avenue and a park ADA renovation project at Sterns Park. The consensus of the public and Planning Commissioners at this meeting was to apply for the Sterns Park ADA project.
DISCUSSION
The City of Los Alamitos has used such grants for years, often being awarded CDBG funds to improve Public Facilities within the City. During Fiscal Year 2021-2022, CDBG funds will be used for a road repair project that will remove and replace sections of asphalt concrete and grind and overlay for all of Howard Avenue from Noel Street to Lexington Drive, and Bloomfield Street, from Katella Avenue to Farquhar Avenue. The City recently completed road repair of Howard Avenue from Reagan Street to Maple Street, with funds from the prior fiscal year.
CDBG Resolution
January 18, 2022
Below is the submitted project for this CDBG cycle:
Recommended Project Approximate Cost
Park renovation – Removal and replacement of
play equipment at Sterns Park (3871 Farquhar
Ave) with an all-inclusive play structure. ADA
repairs will also be done to the remainder of
the park to meet ADA requirement.
By renovating Sterns Park, the City will have
an all-inclusive playground for disabled youth
citywide and in the surrounding community.
Park renovation - $350,000
Includes 10% City match
FISCAL IMPACT
Should the County approve the City’s application, future expenditures of 10% matching funds (cost depending on the projects selected above) will be reflected in next year's annual Capital Improvement Plan budget. The matching funds are anticipated to be drawn from the City’s General Fund, which was historically drawn from Gas Tax.
Submitted by: Ron Noda, Development Services Director
Fiscal Impact Reviewed by: Craig Koehler, Finance Director Reviewed by: Chet Simmons, City Manager
Attachment: 1. Resolution 2022-03
2. Conceptual Park Plan
RESOLUTION NO. 2022-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS, CALIFORNIA APPROVING THE CITY’S PARTICIPATION IN THE FISCAL YEAR 2022/2023 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM WITH THE COUNTY OF ORANGE.
WHEREAS, it is the intent of the City of Los Alamitos to participate in the timely filing of an application with the County of Orange for a grant authorized under the Housing and Community Development Act of 1974; and,
WHEREAS, the Housing and Community Development Act of 1974, as amended, authorizes cities under 50,000 in population to enter into cooperation agreements with the County in which they are located for the purpose of undertaking essential community development activities; and,
WHEREAS, the City of Los Alamitos has submitted an application under FY 2022-23 for PUBLIC FACILITIES & IMPROVEMENTS REQUEST FOR PROPOSAL BID NO. 012-212301-NC; and,
WHEREAS, should the County approve the City’s application, the City of Los Alamitos desires to accept the award of CDBG funds and authorizes the execution of the necessary agreements, contracts and amendments and other corresponding documentation to accept the CDBG funds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.
SECTION 2. The City of Los Alamitos hereby accepts the award of CDBG funds through the County’s Urban Counties Program, which will be used to support the City of Los Alamitos’ Public Facilities & Improvements Sterns Park ADA Project under Bid No. 012-212301-NC.
SECTION 3. The City Council does hereby approve and adopt the selection of the following project funding requests and directs that an application reflecting this project, be submitted to the County of Orange:
Recommended Project Approximate Cost
Park renovation – Removal and replacement of play
equipment at Sterns Park (3871 Farquhar Avenue) with
an all-inclusive play structure. ADA repairs will also be done to the remainder of the park to meet ADA
requirement.
By renovating Sterns Park, the City will have an allPark renovation - $350,000 Includes 10% City match
CC RESO 2022-03
inclusive playground for disabled youth citywide and in the surrounding community.
SECTION 4. The City of Los Alamitos authorizes the City Manager or his/her designee to execute, for and on behalf of the City of Los Alamitos, the necessary agreements(s) and/or any other documents or instruments required by the County and/or the United States Department of Housing and Urban Development for participation in the Urban Counties Program and/or for acceptance of the CDBG funds under Bid No. 012-212301-NC.
SECTION 5. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 18th day of January, 2022. ___________________________
Shelley Hasselbrink, Mayor
ATTEST:
_______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 18th day of January 2022, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
_________________________________
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 18, 2022 ITEM NUMBER: 9F
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Award of Bid for the Purchase of One (1) Mobile Performance Stage (RFP 2021-10)
SUMMARY
This report recommends awarding a bid for purchase of One (1) Mobile Performance Stage.
RECOMMENDATION
1. Authorize the one time purchase of one (1) Mobile Performance Stage to Astra Stage, LLC, in the amount of $51,395, and;
2. Allocate funds from the American Rescue Plan Act (ARPA) funding for the purchase of a mobile performance stage in the amount of $51,395.00.
BACKGROUND
The small stage that is currently utilized for City events is over five years old and has deficiencies that include insufficient space for performers, poor visibility due to its low height, and having to be setup on a flat, level surface limiting where the stage can be utilized. In addition, this stage is challenging to transport, assemble, does not have stairs or railing, and does not provide any covering for those on stage.
DISCUSSION
Request for Proposals (RFP) 2021-10 was released with the intent to solicit bids for the purchase of a mobile stage that is 20’ x 16’, standing at a height of six feet, provides railing, and stairs and a cover for stage performers. Securing a stage of this type offers the opportunities for large bands and performers. The mobile aspect of the stage will not only cut the set-up time significantly, but will also provide greater convenience when transporting.
Award – Purchase of Mobile Performance Stage
January 18, 2022
As the City prepares to ramp up its Economic Development efforts in putting together more events that invoke community connectivity, the purchase represents an investment in the City’s long range capabilities moving forward.
Bid Results
Bids for the purchase of one (1) mobile performance stage were publically opened on November 16, 2021. A total of two (2) bids were received with the lowest bid at $51,395.
The bid results were the following:
Company Name Bid Amount
Astra Stage, LLC $51,395
Stageline Mobile Stage $80,000
FISCAL IMPACT
The purchase of one (1) mobile performance stage is estimated at approximately $51,395. Funding for this item is available from the American Rescue Plan Act (ARPA).
Submitted By: Ron Noda, Development Services Director
Fiscal Impact Reviewed by: Craig Koehler, Finance Director Approved by: Chet Simmons, City Manager
Attachments: 1. Bid from Astra Stage LLC
2. Notice Inviting Bids Proposal for One (1) Mobile Performance Stage
NOTICE INVITING PROPOSALS
CITY OF LOS ALAMITOS
Development Services Department
NOTICE OF REQUEST FOR PROPOSALS 2021-10
Sealed proposals will be received at the office of the City Clerk of the City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, California 90720 until 11:00 AM on November 16, 2021, as follows:
ASTRA LP2016 MOBILE PERFORMANCE STAGE OR COMPARABLE MODEL Proposals must be submitted on the City’s Request for Proposal Forms and submitted in sealed envelopes marked on the outside, “SEALED PROPOSAL FOR THE ACQUISITION OF AN ASTRA LP2016 MOBILE PERFORMANCE STAGE OR COMPARABLE MODEL. DO NOT OPEN WITH REGULAR MAIL.”
The contract will consist of: the acquisition of one (1) Astra LP2016 Mobile Performance Stage or Comparable Model.
Withdrawal of proposals shall not be permitted for a period of sixty (60) days after the date set for the opening thereof. The City reserves the right to reject any and all proposals.
City of Los Alamitos
Ron Noda
Acting Deputy City Manager
3191 Katella Avenue
Los Alamitos, CA 90720
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 18, 2022 ITEM NUMBER: 9G
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Chelsi A. Wilson, Administrative Services Manager Subject: Memorandum of Understanding with Los Alamitos Police Officers’ Association
SUMMARY
This Resolution adopts a three year Memorandum of Understanding (MOU) with the Los Alamitos Police Officers Association (POA), effective July 1, 2021 through June 30, 2024.
RECOMMENDATION
Adopt Resolution No. 2022-04, entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS ALAMITOS, CALIFORNIA, TO APPROVE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LOS ALAMITOS AND THE LOS ALAMITOS POLICE OFFICERS’ ASSOCIATION THROUGH JUNE 30, 2024”.
BACKGROUND
With the expiration of their previous contract, member of the City of Los Alamitos Police Officers’ Association and the City’s Labor negotiations team meet in order to discuss the parameters of a new labor agreement. The two negotiating teams met on multiple occasions and have succeeded in negotiating a three year MOU.
DISCUSSION
The City has completed negotiations with the Los Alamitos Police Officers’ Associations.
A review of the proposed terms include:
Term:
The agreement’s duration is three years, from July 1, 2021 through June 30, 2024.
Salary:
The three year agreement calls for net salary increases over the three years totaling
7.5%.
Memorandum of Understanding with Los Alamitos Police Officers’ Association January 18, 2022
First full pay period upon approval and adoption of Agreement (January 30, 2022), 2.5% base salary increase.
Effective the first full pay period following July 1, 2022, 2.5% base salary increase.
Effective the first full pay period following July 1, 2023, 2.5% base salary increase.
Lump Sum:
The City has agreed to two lump sum payments to each POA member totaling $5,000 from American Rescue Plan Act of 2021 (ARPA), HR.1319 dollars. The payments will be distributed in two installments; one at the adoption of the Agreement and the second in the first full pay period following July 1, 2022.
January 2022 $2,500
July 2022 $2,500
Monthly Medical Insurance City Contributions:
All represented members shall receive the following medical contribution increase during the term of the agreement. The City previously contributed $1294 for each member. We have now agreed on a tired system for Employee, Employee +1, and Family. The Employee contribution will increase $25 January 2024, Employee +1 will increase $125 starting February 2022, and Family will increase $175 February 2022.
Employee Employee +1 Family
February 1, 2022 $1294 $1294 (+$125) $1294 (+$175)
January 1, 2023 $1294 $1419 $1469
January 1, 2024 $1294 (+$25) $1419 $1469
Overtime, Training Time:
An employee who attends Department approved training which is scheduled to last for 8 or more hours will have been deemed to have worked their full work day.
Special Assignment Pay:
Add SWAT assignment pay – 5% while assigned to SWAT team (including CNT). Change SWAT time requirement to match other special assignment of 3 years.
Pay for Working in Higher Classification:
Effective after 30 consecutive calendar days (however many consecutive regularly scheduled shifts worked over 30 calendar days).
Field Training Officer Pay:
$1.75 per hour (up from $10/day to $21/day)
Retention Performance Bonus:
Upon completion of 10 years of sworn law enforcement service, including at least 5 years of service at Los Alamitos, an employee will be eligible to receive a $5,000 retention- Memorandum of Understanding with Los Alamitos Police Officers’ Association January 18, 2022
performance bonus for each evaluation thereafter where he/she earns at least a meets expectations rating on his/her performance evaluation (or equivalent rating). Parties agree this benefit is not pensionable.
New Article - Bilingual Pay:
Upon written designation by the City Manager, and based on the needs of each Department, bargaining unit employees shall receive additional monthly compensation after providing the City with evidence deemed appropriate by the City of ability to provide competent oral and/or written translation services for a second language.
An employee demonstrating both oral and written bilingual competency through means of City examination in a language approved by the City as a business necessity shall receive $50 per month. An employee who demonstrates bilingual competency in more than one language shall only receive $50 per month.
Bilingual compensation shall be available to those employees whose duties include enforcement, public counter or reception responsibilities, or as otherwise determined by the City to be a business necessity. Requests for bilingual compensation shall be considered and approved at the discretion of the City Manager. Approvals shall be commensurate with the needs of the respective City Department. If more than one employee is eligible for bilingual compensation beyond the needs of the City and/or Department, the employee with the highest score on the examination shall receive the bilingual pay.
Any employee receiving this bilingual compensation shall perform those bilingual related translation duties as required by any City supervisor. Should an employee receiving this bilingual compensation fail to perform those bilingual related translation duties as required by any City supervisor, then the employee is subject not only to disciplinary action, but said employee shall also be subject to elimination of his/her bilingual compensation pay.
FISCAL IMPACT
The cost of the MOU with the Police Officers Association over the three-year period of the agreement is $199,427. This includes the salary and associated benefit adjustments.
The lump sum payments are from ARPA that totals $80,000. The cost for Fiscal Year 2021-22 is $115,337. Sufficient funds exist in the salary and benefit accounts of the adopted Fiscal Year 2021-22 budget to cover the cost of the first year of the agreement.
Submitted by: Chelsi A. Wilson, Administrative Services Manager Fiscal Impact Reviewed by: Craig Koehler, Finance Director Approved by: Chet Simmons, City Manager
Attachment: 1. Resolution 2021-24
2. Exhibit A - Police Officers Association Memorandum of Understanding
3. Exhibit B - Police Officers Association Salary Schedule 8976390.1 LO001-011
RESOLUTION NO. 2022-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOS ALAMITOS, CALIFORNIA, APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF LOS ALAMITOS AND THE POLICE OFFICERS
ASSOCIATION EFFECTIVE JULY 1, 2021 THROUGH
JUNE 30, 2024
WHEREAS, the most recent agreement between the City of Los Alamitos and the Police Officers Association expired on June 30, 2021; and, WHEREAS, the City and the Police Officers Association (POA) have been engaged in negotiations for a successor Memorandum of Understanding (MOU); and,
WHEREAS, the resulting MOU reflects a three-year package that will enable the City to provide reasonable workforce stability.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS
ALAMITOS DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.
SECTION 2. The City Council approves and authorizes the Mayor to execute the Memorandum of Understanding between the City of Los Alamitos and the Police Officers Association (POA) effective July 1, 2021 through June 30, 2024, incorporated herein by reference and attached as “Exhibit A.” SECTION 3. The salary steps and ranges of all classifications governed by this Resolution shall be as specified in “Exhibit B” and attached hereto and incorporated by reference.
SECTION 4. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 18th day of January 2022. ________________________________
Shelley Hasselbrink, Mayor
CC RESO 2022-04
8976390.1 LO001-011
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 15th day of November, 2021, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
________________________________________
Windmera Quintanar, MMC, City Clerk
City Council Resolution 2022-04
Exhibit A
ADOPTED: JANUARY 18, 2022
EFFECTIVE: JULY 1, 2021
EXPIRES: JUNE 30, 2024
i
TABLE OF CONTENTS
Term ………………………………………………………………………………………...……1
Recognition ………………………………………………………………………………...……1
1 – ACCESS TO WORK LOCATIONS ………………………………………………….……1
2 – CITY RIGHTS ………………………………………………………………………….……2
3 – SALARY SCHEDULE ADJUSTMENT ……………………………………………...……2
4 – VACATION …………………………………………………………………………….……3
A. Purpose …………………………………………………………………………….……3
B. Basis of Accrual …………………………………………………………………...……3
C. Compensation of City Work During Vacation Prohibited……………………………3 D. Scheduling Vacations ……………………………………………………………..……4
E. Annual Vacation Payoff …………………………………………………………..…….4
F. Vacation Payoff Upon Termination ……………………………………………………4 5 –SICK LEAVE ………………………………………………………………………...………4
A. Accrual and Use of Sick Leave …………………………………………………...……4 B. Proof of Illness …………………………………………………………………..………5
C. Notification ………………………………………………………………………….……5
D. Annual Sick Leave Payoff ………………………………………………………………5
E. Regular Service Retirement Sick Leave Options ……………………………….……5 F. Disability Retirement Sick Leave ………………………………………………………6 G. Other Separation …………………………………………………………………..……6
6 –BEREAVEMENT LEAVE ……………………………………………………………..……6
7 –TEMPORARY DISABILITY LEAVE (NON-INDUSTRIAL)..........................................6 8 –LABOR CODE SECTION 4850 PAY……………………………………………………....7 9 –PARENTAL LEAVE…………………………………………………………………………8
10 –MILITARY LEAVE….…………………………………………………………………..….8
11 –JURY DUTY...............................................................................................................8 12 –LEAVE OF ABSENCE…………………………………………………………………….8
A. Authorization Procedure ………………………………………………………..………8
ii
B. Length of Leave and Extension …………………………………………………..……8 C. Return from Leave ………………………………………………………………………8
D. Leave Without Pay – Insurance Payments ………………………………………...…9 E. Leave Without Pay – Other Benefits ……………………………………………..……9 13 –HOLIDAYS………………………………………………………………………………….9
A. Authorized Holidays …………………………………………………………….………9
B. Floating Holidays for New Employees ……………………………………………….10 14 –HOURS OF WORK……………………………………………………………….………10
15 –ATTENDANCE……………………………………………………………………..……..10
16 –OVERTIME………………………………………………………………………..………10
A. Work Period ……………………………………………………………………………11
B. Compensatory Time ………………………………………………………..…………11
C. Training Time ……………………………………………………………………..……11
D. City Vehicle Use …………………………………………………………………….…11
17 –ON CALL COURT PAY…………………………………………………………………..12
18 –CALL BACK PAY……………………………………………………………………..….12
19 –SPECIAL ASSIGNMENT PAY………………………………………………………….12
A. Motor Officer, Detective, SRO, and Administrative Officer …………………...……12 B. Temporary Fill-in Patrol Assignments ………………………………………….……13 C. Special Skills ……………………………………………………………………...……13
20 –PAY FOR WORK IN A HIGHER CLASSIFICATION……………………………...…..13 21 –MONTHLY INSURANCE CONTRIBUTION……………………………………………13
22 –OPTICAL PLAN………………………………………………………………….……….14
23 –TERM LIFE INSURANCE…………………………………………………………..……14
24 –PHYSICAL EXAMINATION……………………………………………………..………14
25 –RETIREES’ MEDICAL INSURANCE…………………………………………………..15
26 –DEFERRED COMPENSATION……………………………………………………...….16
27 –EDUCATION REIMBURSEMENT………………………………………………..…….16
iii
28 –EDUCATION INCENTIVE……………………………………………………………….17
29 –UNIFORM ALLOWANCE………………………………………………………………..17
A. Description ………………………………………………………………………..……17
B. Equipment ……………………………………………………………………..………18
C. Motorcycle Assignment …………………………………………………….…………18
D. SWAT Assignment ………………………………………………………….…………18
30 –FIELD TRAINING OFFICER PAY……………………………………………………....18 31 –RETIREMENT…………………………………………………………………….………19
32 –INDUSTRIAL DISABILITY RETIREMENT…………………………………………….19 33 –MILEAGE REIMBURSEMENT……………………………………………………….....20
34 –GRIEVANCE PROCEDURE…………………………………………………………….20
A. Policy ………………………………………………………………………...………... 20
B. Definition ………………………………………………………………………………. 22
C. Procedures ……………………………………………………………………………. 22
1. General ……………………………………………………………………………. 22
2. Steps ………………………………………………………………………………. 23
35 - PEACEFUL PERFORMANCE…………………………………………………..………24
36 –CONSTRUCTION ……………………………………………………………..…………25
37 –FULL UNDERSTANDING, MODIFICATION, WAIVER ……………………….……. 25 38 –SAVINGS CLAUSE........……………………………………………………………….. 25 1 Memorandum of Understanding between the City of
Los Alamitos and the Police Officers Association
This Memorandum of Understanding has been prepared pursuant to Government Code Sections 3500, et seq., as amended, which is generally referred to as the “Meyers-MiliasBrown Act.” This agreement has been developed as a result of good faith meet and confer efforts by the Los Alamitos Police Officers Association (“Association”) and the City of Los Alamitos (“City”). The items in this agreement are subject to the approval of the Los Alamitos City Council and will be effective upon the adoption of necessary ordinances and resolutions.
Term
The parties agree that the provisions contained herein shall be subject to all applicable laws and shall be effective when formally approved by the Los Alamitos City Council and shall be effective July 1, 2021 through June 30, 2024.
Recognition
The City hereby recognizes the Association as the majority representative of the employee representation unit consisting of the following classifications:
➢ Sergeant
➢ Corporal
➢ Officer
The City and the Association agree that the provisions of this MOU will apply equally to all employees covered herein without favor or discrimination because of race, religion, color, creed, national origin, sex, sexual orientation, gender identification, marital status, age, mental or physical disability, and/or any other category protected by federal or state law. Nothing contained herein shall be construed to deny those employees who do not belong to the Association from representing themselves.
1. Access to Work Locations
Access to employee locations shall be granted to officers of the Association and its official representatives for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Access shall be limited to one hour per day and twenty-four hours per year. Such officers or representatives of the Association shall not enter any locations without first requesting the written consent of the City or its authorized representative(s). Access shall be restricted so as to not interfere with the normal operations of any Department or with established safety or security requirements.
2 2. City Rights
The rights of the City include authority under state law, but are not limited to the exclusive right to determine the mission of its constituent departments, commissions and board; set standards and levels of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack or work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; determine style and/or types of City-issued wearing apparel equipment or technology used, establish and enforce dress and grooming standards; assign work to and schedule employees in accordance with requirements as determined by the City and establish and change work schedules and assignments upon reasonable notice; and determine organization structure, size and composition of the work force; take all necessary actions to carry out its mission in emergencies; and exercise complete discretion over its organization and the technology of performing its work.
In exercising the above rights, the City shall comply with all applicable provisions of this Agreement.
In exercising the above rights, the City shall not in any way, directly or indirectly, be subject to the grievance procedure herein, provided the City has complied with all applicable provisions of this Agreement and all applicable State laws.
3. Salary Schedule Adjustment
A. Salary Increases
The City will increase the salaries of all represented classifications as follows and shown in Exhibit A:
1. Effective the first full pay period following City Council adoption of the MOU, the salary schedule will be increased by 2.5%.
2. Effective the first full pay period commencing on or after July 1, 2022, the salary schedule will be increased by 2.5%.
3. Effective the first full pay period commencing on or after July 1, 2023, the salary schedule will be increased by 2.5%.
B. One-Time Lump Sum Payments
1. The City will provide a one-time lump sum payment of $2,500 to all full-time employees with the first full pay period following City Council adoption of the MOU. 3 2. The City will provide a one-time lump sum payment of $2,500 to all full-time employees with the first full pay period following July 1, 2022.
4. Vacation
A. Purpose
The purpose of annual vacation is to enable each eligible employee annually to return to work refreshed.
B. Basis of Accrual
New employees shall begin accrual of vacation leave effective their first day of employment. New employees shall not be allowed to take vacation leave until they have completed six months of continuous full-time service. Vacation leave shall accrue to employees on bi-weekly basis at a pro-rated amount equivalent to the annual amounts specified below. No employee may accumulate more than 300 hours of vacation leave.
When an employee’s accumulated vacation leave balance reaches 300 hours, that employee shall not accrue any further vacation leave until such time as the employee’s accumulated vacation leave balance is reduced below 300 hours.
Vacation leave for employees shall be accrued as follows:
Years of Service Hours per Year
0-2
3 80
88 4 96
5 104
6 112
7 120
8 128
9 136
10 144
11 152
12 160
13 168
14 or > 176
C. Compensation for City Work During Vacation Prohibited No employee shall be permitted to work for compensation for the City in any capacity while he/she is on vacation leave from City service. This clause shall not limit the City's right to recall an employee from vacation and back to work in the event of an emergency and place him/her on regular pay status.
4 D. Scheduling Vacations
An employee must request and obtain approval from the Chief of Police prior to taking vacation leave, which shall be determined with due regard for the wishes of the employee and particular regard for the needs of service. If the requirements of the service are such that an employee must defer all or part of his/her annual vacation in a particular calendar year, the Chief of Police and the City Manager may permit the employee to take such deferred vacation during the following calendar year. Vacation leave may be used only as it is earned. Requests for vacation leave exceeding the amount of accrued vacation leave hours will require the prior approval of the City Manager.
E. Annual Vacation Payoff
Employees may receive pay for up to 32 hours of vacation time during the calendar year provided they have used a minimum of 80 vacation hours during the previous calendar year. Employees not using a minimum of 80 hours of vacation during the previous calendar year may receive vacation payoff if such payoff is recommended by the Police Chief and approved by the City Manager.
F. Vacation Payoff Upon Termination
Employees who terminate employment shall be paid in a lump sum for all accumulated vacation leave time at their current rate of pay in effect upon termination.
When separation is caused by the death of an employee, payment shall be made to the estate of the employee, or as otherwise required by applicable law.
5. Sick Leave
A. Accrual and Use of Sick Leave
Sick leave with pay shall be accrued at the rate of eight (8) hours for each full calendar month of service. Accumulation shall be unlimited.
Employees may use accrued paid sick leave in a 12-month period for the following reasons: (1) the employee’s own diagnosis, care, treatment or preventative care of an existing health condition or disability; (2) the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including the employee’s spouse, registered domestic partner, child, parent, parent-in-law, grandparent, grandchild or sibling; (3) to obtain relief as a victim of domestic violence pursuant applicable law; (4) a prescheduled doctor, dental or optometry appointment which has been approved by the Police Chief.
No employee shall use more than a total of 48 hours of sick leave in a 12-month period for the purposes of (2) and (3) annually.
5 B. Proof of Illness
Employees absent from duty due to illness for more than three (3) work days (not including statutory protected leave) may be required to furnish a certificate and/or statement from their physician verifying the need for such absence and the estimated time necessary for recovery. Proof of violation of sick leave privileges may result in disciplinary action and/or loss of pay when in the opinion of the Chief of Police the employee has abused such privileges.
Prior to resuming their duties, employees may be required to submit a certificate and/or statement from their physician certifying their apparent fitness for duty.
C. Notification
An employee’s need for absence from duty due to personal or family illness shall be reported to his/her immediate supervisor or on duty watch commander as soon as practical after the employee is aware that he/she cannot report to duty and is able to give such notice, generally, no later than two hours prior to the beginning of the employee’s assigned shift. Extenuating circumstances may prevent an employee from meeting the two hour minimum notification. Employees may be asked to verify extenuating circumstances consistent with the provisions of this agreement.
D . Annual Sick Leave Payoff
An employee shall be allowed to accumulate sick leave from year to year. In December, upon the written request of the employee, the City shall compensate the employee for either: (1) up to 25% of his/her current year's unused sick leave, or (2) up to 24 hours of accumulated sick leave provided that a minimum of 480 hours remains in the employee's account.
E. Regular Service Retirement Sick Leave Options
Upon a regular service retirement as defined by the California Public Employees Retirement System, an employee may receive compensation for accumulated sick leave under either of the following two options:
(1) a lump sum payment of 25% of the first 720 hours of accumulated sick leave and 50% of the hours between 720 and 1,040. There will be no compensation for any hours in excess of 1,040 under this option. Said sum shall be based on the salary rate being paid at the time of the employee’s service retirement.
(2) an exchange of all accumulated sick leave for service credit time in the Public Employees Retirement System
An employee must choose option 1 or 2. An employee will not be allowed to do both. 6 F. Disability Retirement Sick Leave
Upon disability retirement, whether industrial or non-industrial, an employee shall not be entitled to receive any compensation for accumulated sick leave pursuant to Government Code section 21163. Sick leave may be used prior to the effective date of a non-industrial retirement.
G. Other Separation
Upon separation not due to retirement, compensation for accumulated sick leave shall be paid only if and to the extent provided for in the City’s applicable Personnel Rules. An employee that is rehired within one year of separation from the City shall have previously accrued, unused and available paid sick leave reinstated, subject to the use and accrual limitations set forth in this MOU.
6. Bereavement Leave
Whenever an employee is compelled to be absent from duty by reason of death or critical illness (where death appears imminent) of members of the employee's immediate family (father, mother, brother, sister, spouse, registered domestic partner, children, mother-inlaw, father-in-law, grandmother, grandfather, or grandchildren) he/she shall be entitled to a leave of absence with pay for a period not to exceed 48 working hours per calendar year. Where such death or critical illness has occurred, the employee shall furnish satisfactory evidence of such death or illness to the Chief of Police. Such leave of absence shall not be allowed in any case where in the preceding 6 calendar months, a leave on the grounds of critical illness of that same relative has been granted.
Bereavement leave shall not be charged against sick leave.
7. Temporary Disability Leave (Non-industrial)
Upon submission of a certificate from a licensed physician indicating that an employee shall be placed on temporary disability leave, the employee shall be entitled to such leave.
The employee utilizing temporary disability leave may utilize accumulated sick leave, vacation leave, and compensatory time off to provide for full salary maintenance. When all accumulated sick leave, vacation leave and compensatory time off are exhausted, the remainder of the absence will be on the basis of leave without pay. If leave without pay is utilized, no accruals of sick leave, vacation leave, or other benefits will be credited to the employee during that absence; provided, however, an employee on leave pursuant to the Family Medical Leave Act or the California Family Rights Act shall be entitled to continue to receive health insurance premium payments required by the FMLA or CFRA.
City shall provide employee pregnancy leaves for eligible employees as required by state and federal law.
7 8. Labor Code Section 4850 Pay
If an employee is injured on the job to such an extent that disability leave is necessary, the employee's salary shall be continued in accordance with the provisions of California Labor Code Section 4850.
9. Parental Leave
City shall provide employee parental leaves for eligible employees as required by state and federal law.
The City Manager shall grant an employee's request for a leave of absence without pay for the purposes of pregnancy, childbirth, or the recovery therefrom, for a period not to exceed seven months, or as required by law. When the employee has notified the City Manager as to the period of the leave of absence required, the employee must receive City Manager approval prior to extending parental leave.
The City Manager shall grant the request of an employee for a leave of absence without pay for a period not to exceed six months to care for his/her newborn child. When the employee has notified the City Manager as to the period of the leave of absence required, the employee must receive City Manager approval prior to extending parental leave.
The City Manager may grant an employee's request for a leave of absence without pay to care for a newly adopted child for a period not to exceed 6 months. The employee shall provide documentation to support the request for adoption leave. When the employee has notified the City Manager as to the period of the leave of absence required, any change in the length of the period of leave shall not be effective unless approved by the City Manager.
An employee shall not accrue sick leave, vacation leave, or other benefits while he/she is on a leave of absence without pay pursuant to this sub-section; provided, however, an employee on leave pursuant to the Family Medical Leave Act, California Family Rights Act or Pregnancy Disability Leave law shall continue to receive health insurance premium payments required by the FMLA CFRA or Pregnancy Disability Leave law. The employee shall not forfeit any of the benefits or seniority accrued prior to the commencement of the Parental Leave.
10.Military Leave
Military leave with pay shall be granted in accordance with provisions of the Uniformed Services Employment and Re-employment Rights Act (USERRA) and the Military and Veterans Code of the State. An employee entitled to military leave shall give the Chief of Police an opportunity within the limits of the applicable regulations to determine when such leave shall be taken. Prior to taking military leave, an employee shall present a copy of his/her military orders to the Chief of Police. The Chief of Police shall advise the 8 Personnel Officer of such military orders immediately. Sick leave and vacation leave will accrue to the employee during the period he/she is on military leave.
11.Jury Duty
When called to jury duty, an employee, having provided at least five working days written notice, shall be entitled to his/her regular compensation provided that said employee deposits his/her compensation fees for jury service with the Finance Officer. Employees released early from jury duty shall report to their supervisor for the duration of their shift.
Employees shall be entitled to keep mileage reimbursement pay while on jury duty. Salary continuance shall be limited to 40 working hours. Jury duty in excess of 40 hours will not be compensated by the City.
12.Leave of Absence Without Pay
Upon the recommendation of the Chief of Police, any employee may be granted a leave of absence without pay of less than 90 days with the approval of the City Manager. A request for an extension exceeding 90 days must be approved by the City Manager.
A. Authorization Procedure
Requests for leave of absence without pay shall be made upon forms prescribed by the City Manager. The employee shall state the reason for the request, the date when the absence is to begin, and the probable date of return. Upon written recommendation of the Chief of Police that it be granted, modified or denied, the request shall be transmitted to the City Manager for Approval.
B. Length of Leave and Extension
A leave of absence without pay may be made for a period not to exceed 6 months.
Conditions for granting an extension of up to 6 months shall be the same as that in granting the original leave, provided that the extension request is made at least 14 calendar days prior to the expiration of the original leave.
C. Return from Leave
When an employee intends to return from an authorized leave of absence without pay, he/she shall contact the Chief of Police at least 14 calendar days prior to the day he/she plans to return. The Chief of Police shall promptly notify the City Manager of the employee's intention.
D. Leave Without Pay - Insurance Payments
An employee on leave without pay may continue his/her City insurance benefits (medical, vision, dental and life) by reimbursing the City for the cost of insurance on a monthly basis during the period of the leave. Failure to reimburse the City for such benefits during the 9 term of the leave of absence will result in the employee's coverage terminating on the first day of the following month in which the last payment was received.
E. Leave Without Pay - Other Benefits
An employee shall not accrue sick leave, vacation leave, or other benefits, including seniority, while he/she is on a leave of absence without pay pursuant to this sub-section.
The employee shall not forfeit any of the benefits or seniority accrued prior to the commencement of the leave without pay.
13.Holidays
A. Authorized Holidays
Employees shall be entitled to the following holidays with pay each calendar year as well as other such days as may be designated by action of the City Council:
• January 1 (New Years Day)
• The third Monday in January (Martin Luther King Jr. Day) • The third Monday in February (President’s Day)
• The last Monday in May (Memorial Day)
• July 4 (Independence Day)
• The first Monday in September (Labor Day)
• November 11 (Veterans Day)
• The fourth Thursday in November (Thanksgiving Day)
• The fourth Friday in November (day after Thanksgiving Day) • December 24 (day before Christmas)
• December 25 (Christmas)
• 20 hours of floating holiday time to be used by the employee with Chief of Police approval during the calendar year (January 1 – December 31).
Any floating holiday hours not used during the calendar year will be lost with no compensation. Employees shall annually receive 20 floating holiday hours at the beginning of the payroll year intended for (but not restricted solely for) the use of “backfilling” hours to complete a full shift on required training days of less than the employee’s full shift (typically an 8-hour training day).
All regular holidays for the fiscal year shall be paid at eight (8) hours straight time in one lump sum with the first pay period in June each year. Employees who have not worked the entire fiscal year will have this payment pro-rated. 10 B. Floating Holidays for New Employees
Employees hired during a calendar year shall receive the following credit for floating holidays:
Date of Hire Credit (Hours)
January 1 – March 31 20
April 1 – June 30 15
July 1 – September 30 10
After September 30 0
Any floating holiday hours not used during the calendar year will be lost with no compensation.
14.Hours of Work
A. Employees shall have a work schedule with specific hours to be worked as prescribed by the Chief of Police with the approval of the City Manager.
B. The City Manager may change an employee's work schedule, or hours at any time to meet the requirements of the City.
C. Time Change
• During Daylight Savings Time change (Spring Forward) employees shall be paid for the actual number of hours worked, regardless of the hour indicated on the clock. It shall be the employee’s discretion to extend his/her shift or use accumulated time off to make up for the missing hour.
• During Pacific Standard Time change (Fall back) employees shall be paid for the actual number of hours worked, regardless of the hour indicated on the clock.
When applicable, employees shall receive paid overtime or compensatory time off.
15.Attendance
Employees shall be in attendance at their work station in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees, which shall be reported to the Director of Administrative Services on a City-approved form and on the dates specified.
Failure on the part of an employee, who is absent without authorization or permission, to return to duty within 24 hours after a due notice to return to duty has been issued through a registered letter, shall constitute resignation from City service by the employee. 11 16.Overtime
It is the policy of the City of Los Alamitos to avoid the necessity for overtime work whenever possible. In cases of emergency or whenever public interest or necessity requires, any employee may be directed by proper authority to perform overtime work.
Employees must obtain approval from their supervisors prior to working any overtime; an employee’s failure to do so may subject him or her to disciplinary action, up to and including termination from employment.
A. Work Period
Employees shall be paid at the rate of one and a half times their hourly rate for all hours worked in excess of 160 during the normal 28-day work period.
B. Compensatory Time
At the discretion of the employee, any overtime may be either compensated through payment or accumulation of compensatory time off. The maximum accumulation of compensatory time shall be 200 hours. Should an employee desire to take compensatory time off, he/she shall file a written request with the Chief of Police, who shall grant the request off unless it interferes with normal operational staffing of the Department.
Compensatory time accrual shall be limited to a maximum of 8 hours per 28-day work period. All overtime in excess of 8 hours per 28-day work period shall be automatically paid to the employee.
Upon termination of the employee, all compensatory time shall be paid off at the salary rate in effect.
C. Training Time
Attendance at training schools/facilities which improves the performance of regular tasks and/or prepares the employee for job advancement is not compensable for hours in excess of regularly scheduled department approved training time. Any time spent in excess of regularly scheduled department approved training time will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits are not compensable hours of work even though the employee may be confined to campus or barracks 24 hours a day.
Travel time to and from a training facility outside the employee’s normal work shift is not compensable hours of work. Mandatory training as required by the Department is compensable for actual time spent in training.
All employees who attend training may return to their regular work location and work the remainder of their shift upon supervisor approval. Alternatively, the employee may choose to use available floating holiday, vacation or compensatory time hours for the remainder of the work shift with prior written request to the Chief of Police. An employee who attends 12 Department approved training which is scheduled to last for eight (8) or more hours will be deemed to have worked their full work day.
D. City Vehicle Use
Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time.
This provision also applies to those situations where the radio must be left on and monitored.
17.On Call Court Pay
If an employee is required to remain on-call for a court case on any day when he/she is not on duty, he/she shall be compensated for two hours at the overtime rate (one and a half times) per session (morning and afternoon). At the discretion of the employee, this compensation may be taken as payment or accumulated as compensatory time off.
Employees are not eligible for this compensation if they are taken off on-call status and notified before 12:00 p.m. the day before they are scheduled to appear in court.
An employee called into court while on-call, as described above, shall receive a minimum of 4 hours pay, compensated at the overtime rate, in lieu of any on-call pay described in the above paragraph. At the discretion of the employee, this compensation may be taken as payment or accumulated as compensatory time off.
If an employee goes to court in the afternoon prior to the start of his/her shift, he/she shall receive four hours of court time as described in the above paragraph. If an employee is required to go to court after his/her shift, that will be considered an extension of the shift and the officer will be paid the overtime rate for the amount of time spent in court and returning to the station, if applicable.
The procedure for administering the on-call program shall be determined by the Chief of Police.
18.Call Back Pay
Call back duty occurs when an employee is unexpectedly ordered by the Department to return to duty following the termination of his/her normal work shift because of unanticipated work requirements. Call back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be paid a minimum of 4 hours compensation at the overtime rate commencing when he/she reports for duty. Any hours worked in excess of 4 hours shall be compensated at the overtime rate.
13 19.Special Assignment Pay
A. Motor Officer, Detective, SRO, and SWAT
The City will pay Motor Officers special assignment pay equal to five percent (5%) above their individual base pay. The City will pay Motor Officers, Detectives, School Resource Officers, and Officers assigned to SWAT (including CNT) a special assignment pay equal to five percent (5%) above their individual base salary, as shown in Exhibit A.
B. Temporary Fill-in Patrol Assignments
Employees who are assigned to special assignments, working a 4-10 schedule, and who are temporarily assigned to fill patrol requirements in lieu of their regular work assignments will have the option of overtime compensated through payment or accumulation of compensatory time off, for any hours worked over their regular 10-hour day during the temporary fill-in patrol assignment, if both of the following conditions are met:
1. The temporary fill-in patrol assignment results in a scheduled work assignment that is less than 40 hours in the workweek; and
2. The temporary fill-in patrol assignment does not last long enough for the employee to work the regularly assigned extra day shift for that 28-day work period; and
School Resource Officers (SRO) are not eligible for the overtime provided for temporary fill-in assignments when they are assigned to work patrol while school is on break.
C. Special Skills
The City will pay special skills pay in the amount of 2.5% of base salary to each employee who completes three years in a special assignment or as a SWAT member.
Notwithstanding the foregoing, if, in order to accommodate the needs of the Department (e.g., such as departmental scheduling requirements), an employee is removed from special assignment duty after completing at least 2.5 years, then the employee will nonetheless receive such special skills pay. If an employee voluntarily leaves a special assignment prior to completing three years, then such employee will not be eligible to receive special skills pay.
20.Pay for Work in a Higher Classification
Corporals temporarily assigned to fill vacant sergeant positions shall be paid at the applicable pay step within the sergeant salary range that is at least 5% higher than the corporal’s current rate of pay. This pay for work in a higher classification shall not become effective until after the corporal has worked in the sergeant classification for 30 consecutive calendar days.
14 21. Monthly Insurance Contribution
The City shall contribute up to $1294 per month toward the payment of premiums for eligible employees and dependents under the existing health, dental, and optical insurance programs. Any contribution necessary to maintain benefits under any insurance program in excess of the City’s monthly contribution shall be borne entirely by the employee.
Effective February 1, 2022, the City shall contribute a monthly allowance toward the payment of premiums as follows:
Employee Only Employee +1 Family
February 1, 2022 $1294 $1419 $1469
January 1, 2023 $1294 $1419 $1469
January 1, 2024 $1319 $1419 $1469
A. Medical opt-out
Any employee who can certify that he/she is insured under another health plan, which has equal or better coverage than the City’s plan, may elect to receive $500.00 per month in lieu of participation in the City’s health program. Any employee who can certify that he/she is also insured under other dental and vision plans having equal or better coverage than the City’s plans, may elect to receive an additional $200.00 per month in lieu of participation in the City’s dental and vision programs, for a total of $700.00 per month of compensation in lieu of health, dental and vision insurance plan participation.
22.Optical Plan
The City agrees to make available an optical plan to employees and dependents.
Participation in this plan shall be at the option of the employee. Employees electing to participate in this plan may apply excess funds from the City's medical insurance contribution towards the premium payment of the optical plan. Any additional cost in excess of the City's medical contribution shall be borne by the employee.
23.Term Life Insurance
After an employee has worked for 60 days on the City’s payroll, the City will provide that employee with term life insurance and accidental life and dismemberment policies. The amount of coverage will be based on one and one-half times the annual salary up to a maximum of $75,000 of coverage.
15 24.Physical Examination
The City agrees to pay a licensed physician/clinic selected by the City a fee not to exceed $370 for a physical examination. The City will pay for this physical examination according to the following schedule:
Age Frequency
Up to 30 Once every 4 years
30-39 Once every 3 years
40-49 Once every 2 years
50 and > Once per year
Prior to undergoing a physical examination, the employee must make a written request to the City Manager for approval of payment.
25.Retirees’ Medical Insurance
The City shall contribute to the premium cost for each employee and his/her spouse (or registered domestic partner) upon a regular service retirement as defined by Public Employees Retirement System law.
For employees hired before January 1, 1995, the insurance received for 10 years of service with the City, with a regular service retirement, shall be equal to and subject to the same conditions and plans provided to the active bargaining unit employees. City paid employee or spousal coverage shall continue while either the employee or spouse (or registered domestic partner) is alive, but shall terminate when the employee or spouse (or registered domestic partner) becomes eligible for Medicare, MediCal, or other public supported health insurance; or when coverage has been for a period equal to the number of years of the employee’s service to the City.
For employees hired on or after January 1, 1995, the following schedule shall apply for those employees retiring with a regular service retirement:
Years of service with the
City of Los Alamitos
% of active employee
benefit
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or > 100
16 The City paid employee or spousal coverage shall continue while either the employee or spouse (or registered domestic partner) is alive, but shall terminate when the employee or spouse (or registered domestic partner) becomes eligible for Medicare, MediCal, or other public supported health insurance; or when coverage has been for a period equal to the number of years of the employee’s service to the City.
Employees retiring under a regular service retirement shall be allowed to participate in the City's dental and life insurance policies at their expense. Failure to reimburse the City within 30 days will result in the termination of this coverage.
Employees retiring under a disability retirement, whether industrial or non-industrial, shall:
A. Not be allowed to participate in the City’s dental and life insurance policies; but shall be entitled to
B. The amount the City is contractually obligated by the Public Employees’ Retirement System to pay to retirees.
26.Deferred Compensation
Members may take loans, including mortgage loans, against their deferred compensation balances to the extent allowed by law. It shall be the sole responsibility of the individual member to understand the potential tax ramifications associated with such a loan. The City will execute paperwork with the Deferred Compensation carriers to ensure that it will no longer be a requirement to obtain prior approval from the City before obtaining such a loan.
27.Education Reimbursement
All bargaining unit employees are eligible for reimbursement by the City for textbooks, tuition and fees in connection with educational endeavors. Tuition reimbursement shall not exceed four thousand dollars ($4,000.00) per fiscal year for undergraduate college studies, or three thousand dollars ($3,000.00) for post-graduate studies per fiscal year.
Only those courses which have a bearing on the employee's position with the City will be considered by the City Manager for reimbursement. The City shall reimburse the employee for 100% of the rental cost of the textbook if the employee rents the textbook; or 25% of the purchase price of the textbook if the employee purchases the textbook.
In order to be reimbursed, an employee must submit a request for reimbursement to the City Manager via the Chief of Police, for final approval. The request must be in writing and include the name of the school, the course title and the costs of enrollment and textbooks, and the reasons why the course is beneficial to the employee and City. The request will then be forwarded to the City Manager for final approval.
The employee will pay for all costs for the approved course. In order to be reimbursed, an employee must submit proof of successful completion of the course. In graded 17 courses, a letter grade of C or better is required; in a pass/fail course, a pass is required; and in a credit/no credit course, a credit is required.
An employee must also submit receipts for tuition and textbook expenses. These will then be processed through the Finance Department.
Each employee shall be limited to no more than four (4) reimbursements per fiscal year.
Employees who utilize the City’s Tuition/Education/Textbooks Reimbursement program understand if they leave the City within 5 years of a reimbursement, they will be required to repay the tuition costs based on the following schedule: 100% within the first year of receiving that reimbursement;; 80% within the second year; 60% within the third year; 40% within the fourth year; 20% within the fifth year. This schedule shall apply to those reimbursements received after this MOU has been ratified by both parties. If an employee separates from employment due to injury (industrial or non-industrial) or retirement, he/she will be exempt from repayment.
28.Educational Incentive
Employees can earn educational incentive bonus pay at the following rate:
POST Intermediate Certificate $110.00 per month
POST Advanced Certificate $200.00 per month
A.A. Degree $150.00 per month
B.A./B.S. Degree 5% per month
Masters Degree 7% per month
An employee may not earn educational incentive pay for both a degree and a POST certificate, but shall be entitled to the greater of the two. For example, an employee with a B.A./B.S. Degree and an Advanced POST CERTIFICATE would receive a total Educational Incentive payment of 5% of their base pay per month.
29.Retention-Performance Bonus
Upon completion of ten (10) years of sworn law enforcement service, including at least five (5) years of service at Los Alamitos Police Department, an employee will be eligible to receive a $5,000 retention-performance bonus for each evaluation thereafter where he/she earns at least a meets expectations (or equivalent) rating on his/her performance evaluation. The parties understand that this retention-performance bonus is not PERSable and will not be reported as pensionable compensation.
30.Uniform Allowance
A. Description
18 Effective January 1, 2019, every member of the Association who has completed 12 months of service to the Department will receive one thousand dollars ($1,000.00) annually for the purchase or maintenance of uniforms and patrol duty gear approved by the Department. New members of the Association will receive one thousand dollars ($1,000.00) upon hire for purchase of uniforms and patrol duty gear approved by the Department and will be eligible for the annual disbursement every January, following 12 months of service. Employees completing their 12 months of service after January 1st shall have their uniform allowance pro-rated to the first whole month of work. (ex. 12 month completed Feb 5th, officer receives pro-rated payment of 10 months) Payment of this annual allowance shall be made through the City’s payroll register the first full pay period of January each calendar year.
1. It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of purchasing, replacing, repairing, and maintaining patrol duty gear, uniforms, and clothing worn in the line of duty. The City will continue to replace or repair patrol duty gear, uniforms, and clothing damaged in the line of duty including safety equipment required by state law, City resolution or ordinance, or by order of the Chief of Police.
(a) All replaced uniforms and patrol duty gear must be turned in to the Operations Captain or designee upon receipt of the replacement uniform or patrol duty gear.
3. PERS Reporting of Uniform Allowance - The City shall report to the California Public Employees' Retirement System (CalPERS) the uniform allowance for each sworn officer as special compensation in accordance with Title 2, California Code of Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for "new members" as defined by the Public Employees' Pension Reform Act of 2013, the uniform allowance will not be reported as compensation earnable to CalPERS.
B. Equipment
The Department will continue to provide ballistic vests for each officer, and equipment approved by the Department for Special Assignments.
1. Motorcycle Assignment
Motorcycle officers shall receive one pair of protective riding pants and one protective riding jacket at the time of assignment. After initial issue, replacement riding pants and jacket may be issued on the recommendation of the Operations Captain with approval of the Chief of Police.
All Motorcycle Assignment protective uniforms and equipment must be turned in upon completion of the assignment or when the replacements are received. 19 2. SWAT Assignment
SWAT officers shall receive (1) Uniform Shirt and (1) Uniform Pants at the time of assignment. After initial issue, replacement SWAT shirt and pants may be issued on the recommendation of the Operations Captain with approval of the Chief of Police.
All SWAT uniforms and equipment must be turned in upon completion of the assignment or when the replacements are received.
31.Field Training Officer Pay
Employees assigned to serve as Field Training Officers by the Chief of Police shall receive additional compensation of $1.75 per hour while they are performing said assignment.
32.Bilingual Pay
Upon written designation by the City Manager, and based on the needs of each Department, bargaining unit employees shall receive additional monthly compensation after providing the City with evidence deemed appropriate by the City of ability to provide competent oral and/or written translation services for a second language.
An employee demonstrating both oral and written bilingual competency through means of City examination in a language approved by the City as a business necessity shall receive $50 per month. An employee who demonstrates bilingual competency in more than one language shall only receive $50 per month.
Bilingual compensation shall be available to those employees whose duties include enforcement, public counter or reception responsibilities, or as otherwise determined by the City to be a business necessity. Requests for bilingual compensation shall be considered and approved at the discretion of the City Manager. Approvals shall be commensurate with the needs of the respective City Department. If more than one employee is eligible for bilingual compensation beyond the needs of the City and/or Department, the employee with the highest score on the examination shall receive the bilingual pay.
Any employee receiving this bilingual compensation shall perform those bilingual related translation duties as required by any City supervisor. Should an employee receiving this bilingual compensation fail to perform those bilingual related translation duties as required by any City supervisor, then the employee is subject not only to disciplinary action, but said employee shall also be subject to elimination of his/her bilingual compensation pay.
20 33.Retirement
Retirement benefits are provided for Safety personnel under the 3% at 50 Plan of the Public Employees Retirement System and the Level 4 of the 1959 Survivor Benefit. The City shall pay the employer share of the CalPERS retirement contribution as actuarially determined by CalPERS for each fiscal year covered by the Agreement for the 3% at 50 retirement benefit level.
“New” members of PERS shall be placed in the 2.7@57 retirement tier. They shall pay the statutorily required contribution rate as defined in California Government Code Section 7522.30 (PEPRA) and determined by PERS. This rate shall be one half (1/2) of the normal cost of the benefit. “New” members are defined in California Government Code Section 7522.04 (PEPRA). “Legacy” members shall be those members not deemed to be “new” members.
“Legacy” members pay 100% of the mandated CalPERS member contribution, which is 9% of compensation.
At no time during this agreement will the employee be responsible for any part of the City’s contribution to the Public Employees Retirement System. Commencing January 1, 2018 for “legacy” members, and January 1, 2013 for “new” members, at no time will the employer be responsible for paying any part of the employee contribution to the Public Employees Retirement System.
Employees qualify for minimum retirement benefits after five years of service and 50 years of age. Retirement benefits for legacy members of PERS will be based on the highest twelve months of pensionable compensation as well as employee’s age and length of service. Retirement benefits for “new” members of PERS will be based on the highest 36 consecutive month’s pensionable compensation as well as the employee’s age and length of service.
34.Industrial Disability Retirement
Upon an Industrial disability retirement, resulting directly from a physical injury suffered while on duty, a sworn employee shall receive a monthly payment directly from the City in accordance with the following provisions:
A. The amount of the monthly payment will be determined based upon the employee’s age on the effective date of the industrial disability retirement.
B. The monthly payments shall cease upon the occurrence of the earliest of the following events: (1) cancellation of the retiree’s industrial disability retirements; (2) the retiree becoming 65 years old; or (3) the death of the retiree.
C. The City shall provide a cost-of-living increase in the monthly payments on January 1 of each year, beginning with January 1 2002, equal to the annual 21 percentage increase in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index, Subgroup “all items”, 1982-84=100 for All Urban Consumers (CPI-U) Los Angeles-Riverside-Orange County California during the year if the annual percentage increase is less than or equal to 5%. If the annual percentage increase is greater than 5%, the costof-living increase in the monthly payments shall be 5%. The annual percentage increase shall be calculated using the October to October indexes.
D. Effective January 1, 2001, the monthly payments shall be as follows:
E. The monthly payments shall only be made for industrial disability retirements which are granted after December 31, 2000.
35.Mileage Reimbursement
Those employees utilizing their own vehicle for City business shall not be reimbursed.
36.Grievance Procedure
The purpose of this grievance procedure is to provide employees covered by the agreement the broadest possible opportunity to resolve work related problems through an effective administrative procedure. The Association and the City recognize a mutual obligation to faithfully uphold the spirit and purpose of the grievance procedure.
A. Policy
1. Employees have the right to use this grievance procedure without fear of reprisal.
No negative employment action will be taken against any employee as a result of the use of this grievance procedure.
2. Employees may represent themselves or select whomever they wish to represent them at any or all steps in the grievance procedure.
a. The employee may utilize the assistance of a P.O.A. representative in the investigation, preparation, and presentation of a written grievance. b. Employees may have no more than one City employee and one non-City employee as representatives for grievance hearings.
Age of Effective Date of Disability Retirement Monthly Payment Under 30 years of age $ 100
30-39 years of age $ 150
40-49 years of age $ 200
50-54 years of age $ 250
55 years of age and over $ 300
22 c. Notwithstanding any other provision of this agreement, an employee may not select a supervisor in the direct chain of command, as a representative, except that a supervisor may select another supervisor as a representative.
3. Grievances may be initiated by the employee, or by a formally recognized employee organization, on the employee’s behalf or by the recognized employee organization for this unit on its own behalf.
4. The grievant’s first contact regarding job and working conditions is with the immediate supervisor and supervisors shall attempt to settle grievances informally at this level.
5. A grievance will normally be presented and processed on City time, and a grievant attending a grievance meeting in his/her own behalf on City time will not lose pay.
In scheduling the time, place and duration of any grievance meeting, the grievant and Management will give due consideration to all the participant’s responsibilities in the essential operations of the department. Management has the unequivocal right to schedule hearings as convenient. Hearings may or may not be held during an employee’s normal shift. No overtime pay will be given to the grievant, if the meeting is held during their normal work hours. Representatives, witnesses, or other participants will receive compensation, including overtime pay where applicable, if ordered to be present by the appointing authority, during normal hours off.
6. Waivers and Time Limits.
a. Failure by Management to reply to the grievance within the time limits specified automatically processes the grievance to the next level. b. Any level of review, or any time limits established in this procedure, may be waived or extended for good cause and only by mutual agreement confirmed in writing.
c. If grievant fails to appeal from one level to the next level, within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration.
d. By mutual agreement, the grievance may revert to a prior level for reconsideration.
e. If a grievant fails to appear for a scheduled grievance meeting, such failure without excuse approved by the appointing authority shall entitle Management to decide on the grievance without the presence of the grievant, or the schedule of another meeting at the level (in which case the time requirements for hearing and decision are automatically waived).
Failure to appear at two meetings on the same grievance without an approved excuse automatically terminates that grievance and it is deemed denied. The grievance shall then not be subject to further appeal or reconsideration.
23 f. When a grievant is on approved leave, the time limits established in this procedure shall be suspended for the period of the leave. g. No grievance shall be finally dismissed for an unexcused failure to appear at a scheduled hearing unless the grievant had been given 24 hours notice of the hearing.
7. The grievant shall pursue all claims of violation of this MOU through the grievance procedure. The grievant will not resort to other remedies until all steps of the grievance procedure have been exhausted. If the grievant reasonably feels that an employee has suffered immediate and irreparable harm, the grievant may directly contact the City Manager’s Office to seek a resolution prior to pursuing remedies outside of the City. Such contact will be considered to have exhausted the grievance procedure in these cases.
B. Definitions
1. A grievance is a claim or charge of misunderstanding, or difference in interpretation of the Personnel Manual, this Memorandum of Understanding, or management policy or regulations including but not limited to Administrative and Departmental Regulations, which affect wages, hours or other terms and conditions of employment.
2. Actions which are not grievable shall not preclude employees or their representatives from consulting with Management about the practical consequences such actions may have on wages, hours, and other terms and conditions of employment. In addition, actions covered by another appeals process as described in the Personnel Manual, or this Memorandum are not grievable and shall not be processed through this grievance procedure.
3. If the grievance system is abused by an unreasonable number of submittals by one individual or group obviously designed to thwart orderly processing or if the grievances are patently irrelevant, or incomprehensible, they shall be rejected as “non-grievable” and returned to the grievant.
C. Procedures
1. General
a. Management of the department has the responsibility to inform the grievant of any limitation of a given level of Management’s authority to fully resolve the grievance. In this regard, Management shall:
i. Supply the grievant with the necessary information to process the grievance to the proper agency or authority.
ii. Advise the grievant when any matter under submission is determined by Management as not grievable according to the definitions in Section B above. The “grievance” paperwork submitted by the grievant shall be returned to the grievant along with a memorandum explaining why the matter is not grievable and what alternative 24 procedures, if any, the grievant may follow to process his/her complaint.
b. When a group of identical grievances develop, only one grievance form shall be submitted. The grievants may select not more than two (2) spokespersons who thereafter will be their representative “grievants.” The acceptance of he decision by the spokespersons at any step (or final decision if the grievance moves to the fifth step) will be binding on all parties. c. A grievance shall be recognized if it is brought to the attention of the immediate supervisor either formally or informally within twenty one (21) calendar days of the incident’s occurrence.
d. If the grievance is between the employee and the immediate supervisor, or where an upper level supervisor has made a decision on the subject of the dispute, the initial step may be to the level above the level making the decision. The upper level supervisor shall have the discretion to remand the grievance to a lower level supervisor as the initial grievance step. Such remand shall be in writing.
e. To be recognized, a grievance must state the nature of the problem and remedy sought by the grievant. In the event that the grievance is rejected for failure to clearly identify the problem or remedy, it may be amended by the grievant or P.O.A.
2. Steps
Step 1: At the grievant’s sole option, grievances may be presented to the supervisor either orally or in writing. If the complaint is presented orally, the procedure is informal and may be settled by an oral answer given within fourteen (14) calendar days. If the grievance is presented in writing, the procedure is formal and the answer must be given in writing within fourteen (14) calendar days after submission.
The written grievance must be clearly and precisely detailed including the specific grounds for the grievance, a listing of MOU articles or other City procedures that were allegedly violated, and the remedies sought. Grievances that fail to meet these requirements shall not be disqualified, but shall be returned to the grievant for compliance with the foregoing requirements. In such cases, the written answer must be given within fourteen (14) calendar days after resubmission of the grievance.
Step 2: If the problem cannot be solved at Step 1, the grievant may present the complaint in writing to the second level supervisor (if not done at Step 1) within fourteen (14) calendar days. Within twenty-one (21) calendar days of the receipt of the grievance, a hearing shall be held and the Management representative shall give a written decision to the grievant.
Step 3: If the problem cannot be solved in Step 2, the grievant may present the grievance to the Chief of Police within fourteen (14) calendar 25 days. Within twenty-one (21) calendar days of the receipt of the grievance, a hearing shall be held and Chief of Police shall give a written decision to the grievant.
Step 4: Final resolution of Grievance: If the grievance is still in dispute after Step 4, the grievant may request a further hearing, which at the discretion of the Management team will take place before the City Manager or his designee, by submitting the grievance within fourteen (14) calendar days. Within forty-five (45) calendar days of receipt of the appeal from Step 3, a hearing shall be held and the City Manager shall give a written decision to the grievant. If the City Manager’s office does not render a decision within forty-five (45) calendar days of receipt of the appeal from Step 3, and if there is no waiver of the time limits, the grievance will be decided in favor of the grievant. The grievant may only request a hearing before the Personnel Appeals Commission in matters solely involving the Personnel Manual.
Step 5: The grievant may formally request to continue the grievance, not later than ten (10) days following receipt of the answer at the final step of the grievance procedure (provided it was heard by the City Manager), by serving written notice upon the Management Team.
The Management Team will refer the grievance to the City Council for hearing and decision.
35. Peaceful Performance
Apart from, and in addition to, existing legal restrictions on work stoppages, the Association hereby agrees that neither it, nor its officers, agents or representatives shall incite, encourage, or participate in any strike, sympathy strike, walkout, slowdown, speedup, sick-out, or other work stoppage during the life of this Agreement for any cause or dispute whatsoever. In the event of work stoppage or disruption as enumerated above, the Association, its officers, agents, and representatives shall do everything in their power to end or avert the same. Violation hereof will subject the violator to legal and equitable judicial relief.
Any employee engaging in or assisting any work stoppage or disruption as enumerated above, or refusing to perform duly assigned work shall be subject to discipline up to and including termination. The City reserves the right to selectively discipline employees hereunder.
It is understood that violation of this article by the Association will warrant the withdrawal of any rights, privileges or services provided in this Agreement and/or legal action by the City for redress and/or damages.
The inclusion of this article in this contract shall in no way be deemed to stop the City from seeking any form of legal, equitable, or administrative relief to which it may be entitled during the term of this contract.
26 36.Construction
Nothing contained in this Memorandum of Understanding, or any attachment thereto, is intended to, in any way, modify, interpret, construe, or change existing or future law which may cover the topic. For purposes of the reference, law shall include the Federal and California Constitutions and all relevant Federal and California statutes, and all final appellate court decisions of competent jurisdiction on the issue. References contained herein to matters covered by law are included simply for the purpose of drawing the attention of the parties to legal requirements related to City employees and the government of the City.
37.Full Understanding, Modification, Waiver
It is intended that this Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.
Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein during the term of this Agreement.
Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties, hereto, and if required, approved and implemented by the City Council.
The waiver of any breach, term, or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.
38.Savings Clause
This Memorandum of Understanding is subject to all applicable Federal, State, and City laws, ordinances, resolutions, and any lawful rules and regulations enacted by the City Council. If any part or provision of the Memorandum of Understanding is in conflict or inconsistent with such applicable provisions of Federal, State, or City laws, ordinances, resolutions, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdictions, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby.
27 _______________________________ _________________________________ Warren Kusomoto, Mayor Shaun Krogman, President
City of Los Alamitos Los Alamitos Police Officers Association Approved as to Form: Attest:
______________________________ _________________________________ Michael S. Daudt, City Attorney Windmera Quintanar, CMC, City Clerk 28 Page intentionally left blank
EXHIBIT B
Los Alamitos POA MOU 2021-2023
MONTHLY SALARY RANGES
Effective the first full pay period following City Council adoption of the MOU after January 18, 2022
2.50% Increase
Classification Step A Step B Step C Step D Step E
Officer 6,985 7,332 7,697 8,086 8,488
Corporal 7,520 7,897 8,292 8,707 9,142
Sergeant 8,677 9,110 9,566 10,043 10,546
Effective the first full pay period commencing on or after July 1, 2022
2.50% Increase
Classification Step A Step B Step C Step D Step E
Officer 7,160 7,516 7,890 8,289 8,700
Corporal 7,708 8,095 8,500 8,925 9,370
Sergeant 8,894 9,337 9,805 10,294 10,809
Effective the first full pay period commencing on or after July 1, 2023
2.50% Increase
Classification Step A Step B Step C Step D Step E
Officer 7,339 7,703 8,088 8,497 8,916
Corporal 7,901 8,297 8,713 9,149 9,604
Sergeant 9,116 9,571 10,050 10,551 11,079
EXHIBIT B
Los Alamitos POA MOU 2021-2023
MONTHLY SALARY RANGES
Effective the first full pay period following City Council adoption of the MOU after January 18, 2022
2.50% Increase
Classification Step A Step B Step C Step D Step E
Officer 6,985 7,332 7,697 8,086 8,488
Corporal 7,520 7,897 8,292 8,707 9,142
Sergeant 8,677 9,110 9,566 10,043 10,546
Effective the first full pay period commencing on or after July 1, 2022
2.50% Increase
Classification Step A Step B Step C Step D Step E
Officer 7,160 7,516 7,890 8,289 8,700
Corporal 7,708 8,095 8,500 8,925 9,370
Sergeant 8,894 9,337 9,805 10,294 10,809
Effective the first full pay period commencing on or after July 1, 2023
2.50% Increase
Classification Step A Step B Step C Step D Step E
Officer 7,339 7,703 8,088 8,497 8,916
Corporal 7,901 8,297 8,713 9,149 9,604
Sergeant 9,116 9,571 10,050 10,551 11,079
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 18, 2022 ITEM NUMBER: 10A
To: Mayor Shelley Hasselbrink & Members of the City Council Presented By: Chet Simmons, City Manager
Subject: Approval of Employment Agreement for Police Chief
SUMMARY
This report seeks approval of a new Employment Agreement for the position of Police Chief with Mr. Michael Claborn.
RECOMMENDATION
Authorize the City Manager to execute the new Employment Agreement between the City of Los Alamitos and Michael Claborn for Police Chief services.
BACKGROUND
Following the announcement from Chief Nunez of his retirement last June, a comprehensive recruitment process for his replacement was initiated. In order to attract qualified candidates with a competitive salary, the City hired Teri Black & Company, LLC to conduct a premier comprehensive executive recruitment search. At the conclusion of the process, which included numerous applications and interviews with panels composed of Los Alamitos community leaders as well as executive managers from other municipalities, Mr. Michael Claborn emerged as the number one candidate.
Mr. Claborn’s career began with the Los Angeles Police Department, after which he transferred to the Santa Ana Police Department, where he has been for the past twentyone years serving the residents of each community with professionalism and integrity.
As a leader in his current organization, some of his accomplishments include implementing the first full-time Therapeutic K-9 in Orange County; authoring an article on Officer Wellness that was published on the cover of the California Police Chief's Magazine; and graduating from POST Command College, having conducted graduatelevel research on Officer Wellness.
Employment Agreement for Police Chief
January 18, 2022
DISCUSSION
According to Los Alamitos Municipal Code Section 2.28.070, the Police Chief shall be appointed by the City Manager with approval by the City Council. Continuing the trend of transparency pertaining to the compensation of high-ranking local officials following the City of Bell scandal, on August 22, 2016, Governor Brown signed Senate Bill 1436 (“SB 1436”), which mandates that local agencies report out certain information before changing the compensation or benefits of their “executives.” SB 1436, which took effect on January 1, 2017, requires the governing bodies of local agencies to “orally report a summary of a recommendation” for changes in salaries or benefits before voting on the changes. Voting on such changes must then take place in the open session portion of the same regular meeting.
SB 1436 requires a city council to orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive during the open meeting in which the final action is taken.
Pending City Council approval, the new employment agreement for Mr. Michael Claborn will be effective January 18, 2022. Mr. Claborn will receive a monthly salary of $13,249.60 which is equal to Step E / Tier 1 of the Salary and Benefits Resolution for Non-Represented Employees. Mr. Claborn’s vacation bank will start with 40 hours and accrue at a rate of 21 years of service. He will also receive all benefits associated from the Non-Represented Agreement 2021-25.
FISCAL IMPACT
The estimated costs associated with this employment agreement have been included within the budget for the current fiscal year.
Submitted by: Chelsi A. Wilson, Administrative Services Manager Fiscal Impact Reviewed by: Craig Koehler, Finance Director Approved by: Chet Simmons, City Manager
Attachment: 1. Employment Agreement for Non-Represented Employee (Police Chief) 1592916.1
CITY OF LOS ALAMITOS
EMPLOYMENT AGREEMENT
FOR
NON-REPRESENTED EMPLOYEE
(EXECUTIVE MANAGEMENT)
1. PARTIES AND DATE.
This Agreement (hereinafter referred to as the "Agreement") is made and entered into this 18th day of January, 2022 by and between the CITY OF LOS ALAMITOS, a municipal corporation (hereinafter referred to as "City") and Michael Claborn (hereinafter referred to as "Employee"), in order to provide in writing the terms and conditions of employment for Police Chief services. City and Employee are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 City.
City desires to employ the services of Employee as Police Chief for the City of Los Alamitos, and Employee desires to accept employment as Police Chief. It is the desire of the Parties through this Agreement to provide for certain benefits, establish conditions of employment, and to set working conditions for Employee.
3. TERMS.
3.1 Duties.
3.1.1 Designated Duties. City hereby agrees to employ Employee as Police Chief of City to perform the functions and duties in accordance with applicable state law, the City's Charter and Municipal Code, as well as the approved City job description for the position.
Employee shall also perform other legally permissible and proper duties and functions as the City Manager shall from time-to-time assign.
3.1.2 Control and Supervision. Employee shall serve at the will and pleasure of the City and will be under the day-to-day supervision and direction of the City Manager.
3.1.3 City Council Meetings. Employee shall attend all City Council meetings, unless excused or directed otherwise.
3.1.4 Moonlighting. Employee will focus his/her professional time, ability, and attention on City business during the term of this Agreement. To the extent consistent with applicable law, Employee shall not engage in any other business duties or pursuits whatsoever or, directly or indirectly, render any services of a business, commercial, or professional nature to any 2 1592916.1
other person or organization, whether for compensation or otherwise, without the prior consent of the City Council, except that:
(1) The expenditure of reasonable amounts of time not in conflict with the City's needs and interests, for educational, charitable, community, and professional activities, shall not be deemed a breach of this Agreement and shall not require prior consent. (2) This Agreement shall not be interpreted to prohibit Employee from making passive personal investments or conducting private business affairs if those activities do not materially interfere with the services required under this Agreement or create conflicts of interest.
3.1.5 City Documents. All data, studies, reports and other documents prepared by Employee while performing his/her duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee. Such materials shall not, without the prior written consent of the City Manager, be used by Employee for any purposes other than the performance of his/her duties. Nor shall such materials be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law. The obligations of the City and Employee under this section shall survive the termination of this Agreement.
3.2 Term; Termination; Severance Pay.
3.2.1 Term. This Agreement shall become effective on January 18, 2022, ("Effective Date"), and shall continue until terminated by either Party.
3.2.2 Termination. The Parties understand and agree that the employment relationship created by this Agreement is “at-will” and that the Employee shall serve at the will and pleasure of the City Manager, and may be terminated at any time, without notice and with or without cause, but subject to the terms of this Agreement. Nothing in this Agreement, any statute, ordinance, or rule, shall prevent, limit or otherwise interfere with the right of the City Manager to terminate, without cause or right of appeal or grievance, except for those rights set forth in Section
3.2.6 below, the services of the Employee at any time during the Term of this Agreement.
Employee agrees that this Agreement sets forth the only terms and conditions applicable to the termination of his/her employment.
3.2.3 Automatic Termination. This Agreement, and Employee's employment, shall automatically terminate and Employee shall not be entitled to any severance payment, except for compensation for accrued and unused vacation leave, upon the happening of any of the following events:
(1) Upon mutual agreement in writing by both Parties to terminate this Agreement.
3 1592916.1
(2) Upon resignation by Employee.
(3) Upon the death of Employee.
(4) When Employee has been unable to perform all or substantially all of the essential functions of his/her position, with or without reasonable accommodation, due to illness or other disability for a period of three (3) months, provided, however, whenever required by applicable law, Employee shall be entitled to use accrued but unused sick leave before this three (3) month period begins to run.
3.2.4 Termination Without Cause; Severance. This Agreement, and Employee's employment, may be terminated without prior notice at any time, with or without cause, by the City Manager. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Manager to terminate this Agreement at any time, with or without cause, subject to the Termination provisions of this Agreement. In the event Employee is terminated without cause at such time as Employee is willing and able to perform his/her duties under this Agreement, other than under an Automatic Termination instance as provided for in Section 3.2.3, the City agrees to pay Employee a severance payment equal to three (3) months’ base salary (as described in Section
3.3 below) (“Severance Payment”). The Severance Payment is expressly contingent on Employee executing a valid waiver and release of all claims against the City, City Manager, and City Council members individually and collectively (“Separation Agreement and General Release”). Should Employee fail to execute the Separation Agreement and General Release, Employee will forego any right to the Severance Payment. Recovery and enforcement of the Severance Payment shall be Employee’s sole remedy for a termination without cause. The Severance Payment shall be paid in one lump sum on the effective date of termination. Upon termination, with or without cause, Employee shall also be entitled to compensation for accrued and unused vacation leave pursuant to City policy.
3.2.5 Notice for Resignation. In the event Employee voluntarily resigns his/her position with City, then Employee shall give City three (3) weeks notice in advance, unless the Parties otherwise agree. Upon voluntary resignation, Employee shall be entitled to accrued vacation leave benefits, but not to the Severance Payment described in Section 3.2.4 above.
3.2.6 Termination for Cause; Procedure. Except as provided in Subsection (6) below, in the event Employee is terminated for cause, City shall have no obligation to pay the Severance Payment described in Section 3.2.4 above. The following procedures shall apply to any termination for cause:
(1) At least thirty (30) calendar days before the effective date of any termination for cause, the City shall deliver to Employee a written specification of the charges or other reasons upon which "cause" is alleged, as well as the specific effective date of termination.
After furnishing Employee with written notice of his/her intended termination for cause and without the need to wait for the thirty (30) day appeal/hearing period discussed below to expire, the City Manager may suspend him/her from duty, but his/her base salary shall continue for thirty (30) days from the effective date of suspension, regardless of the effective date of termination. 4 1592916.1
(2) Employee shall then have seven (7) calendar days from notice of termination to challenge such termination for cause by delivery of a written response to such specifications. Within such seven (7) day period, Employee may also demand a hearing upon the specifications. Failure to submit a written response or demand a hearing within the seven (7) calendar day period shall constitute a waiver of such right, and the City Manager’s determination shall be final.
(3) If a hearing is demanded, such hearing shall be held before the City Manager, unless the Parties agree to an alternative procedure or alternative hearing body or officer.
No hearing shall be held in public unless requested by Employee. Regardless of the date issued, the decision of the City Manager or other hearing body or officer shall be binding, final as of the effective date of termination provided for in the notice under Subsection (1) above, and without right of further appeal.
(4) The issues to be determined in the hearing shall be whether the specification(s) alleged constitute "cause" pursuant to this Agreement and whether the specifications are supported by a preponderance of the evidence. (5) The Parties acknowledge that a requested hearing for cause shall be held at the earliest possible date, and to that extent, they shall cooperate in selecting a date for the hearing which shall be no later than sixty (60) days following the City's notice of termination for cause.
(6) In the event the City Manager or other hearing body or officer concludes in favor of Employee that no cause exists, Employee shall be entitled only to the appropriate amount of severance pay and benefits as he/she would have received if terminated without cause pursuant to Section 3.2.4 above. Employee shall not have any reinstatement rights. (7) If a written response is submitted, but no hearing is demanded, the City Manager shall review his/her decision based upon Employee's written response. However, any determination by the City Manager after reviewing such written response (where no hearing has been demanded) shall be final and without right of appeal.
3.2.7 Government Code Provisions. In accordance with Government Code sections 53243 through 53243.4, if Employee is paid any leave salary pending investigation, if City provides funds for the legal defense of Employee, or if Employee receives any cash settlement related to the termination of this Agreement, including the Severance Payment specified above, and Employee is subsequently convicted of a crime involving the abuse of his or her office as defined by Government Code section 53243.4, Employee shall fully reimburse City for such monies paid. These provisions shall survive termination of this Agreement.
3.3 Salary.
City shall compensate Employee at an annual base salary equal to Step E, $194,230.40 of the Resolution 2021-25 Regarding Salary and Benefits for Non-Represented Employees (“Salary 5 1592916.1
and Benefits Resolution”). The salary shall be payable bi-weekly at the same time as other employees of City are paid, and may be modified from time-to-time by the City Manager pursuant to the Salary and Benefits Resolution.
3.4 Fringe Benefits.
Except as otherwise set forth herein, Employee shall be entitled to those benefits, including holidays, bereavement, temporary disability, jury duty, vacation, sick leave, disability, health and life insurance, and retirement, provided for Executive Management employees in the Salary and Benefit Resolution.
3.5 Notices.
Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage pre-paid, addressed as follows:
CITY: City of Los Alamitos
3191 Katella Avenue
Los Alamitos, CA 90720
ATTN: City Manager
EMPLOYEE:
_____________________
[mailing address on file with City Clerk]
Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.
3.7 General Provisions.
3.7.1 Entire Agreement. The text herein shall constitute the entire agreement between the Parties.
3.7.2 Severability. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
3.7.3 Salary and Benefit Resolution for Non-Represented Employees. The terms and provisions of the Salary and Benefits Resolution, as it now exists on the Effective Date of this Agreement, shall be applicable to Employee only to the extent not inconsistent with this Agreement, and this Agreement therefore shall take precedence over the Salary and Benefits Resolution with respect to any inconsistencies in its interpretation or enforcement. 6 1592916.1
3.7.4 Bonding. If applicable, the City shall bear the full cost of any fidelity or other bonds required of Employee in the performance of his/her duties as Police Chief.
3.7.5 Modification. Any modification of this Agreement will be effective only if it is in writing and signed by both Parties.
3.7.6 Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
3.7.7 Assignment. Neither this Agreement, nor any right, privilege or obligation of Employee hereunder shall be assigned or transferred by him/her without the prior written consent of the City Manager. Any attempt at assignment or transfer in violation of this provision shall, at the option of the City Manager, be null and void and may be considered a material breach of this Agreement.
3.7.8 Law Governing Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue shall be in Orange County, California.
3.7.9 No Presumption of Drafter. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties, and this Agreement reflects their mutual agreement regarding the subject matter of this Agreement.
Because of the nature of such negotiations and discussions, it would be inappropriate to deem any Party to be the drafter of this Agreement and, therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.
3.7.10 Assistance of Counsel. Each Party to this Agreement warrants to the other Party that it has either had the assistance of counsel in negotiation for, and preparation of, this Agreement or could have had such assistance and voluntarily declined to obtain such assistance. [SIGNATURES ON NEXT PAGE]
7 1592916.1
CITY OF LOS ALAMITOS
By: __________________________________________
Chester C. Simmons, City Manager
Attest: __________________________________________
Windmera Quintanar, MMC, City Clerk
EMPLOYEE
By: __________________________________________
Michael Claborn
APPROVED AS TO FORM:
__________________________________________
Michael S. Daudt, City Attorney