Norco City Council
October 1, 2025

AGENDA
City Council
Wednesday, October 1, 2025
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:00 PM
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Kevin Bash, Council Member
Gregory Bowen, Council Member
Fia Sullivan, Council Member

CLOSED SESSION

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Silverlakes Sports Park - APNs 152060004; 152060011; 152070001; 152070002; and 152070011
Agency negotiator: City Manager
Negotiating parties: City of Norco and Balboa Management Group LLC.

Under negotiation: Price and Terms
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (2 potential cases)
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case)
RECONVENE PUBLIC SESSION 7:00 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Mayor Greg Newton
INVOCATION Pastor Daniel Kitheka
Beacon Hill Assembly of God

INTRODUCTION
CAL FIRE/Riverside County Fire Department Chief William Otterman to introduce Norco Fire Station 47 new Battalion Chief Tim Anderson

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS

2. PUBLIC COMMENTS
City Council Agenda - October 1, 2025
This is the time when persons wishing to address the presiding governmental body regarding the Consent Calendar, Legislative Matters or items within the subject matter jurisdiction of the legislative body. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made. The governmental body shall not discuss or act relative to any general public comment.

3. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 4 of the Agenda.

3.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only
RECOMMENDATION:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

Staff Report - Pdf

3.B. Approval of City Council Regular and Special Meeting Minutes RECOMMENDATION:

Approve the City Council Regular Meeting and Special Meeting Minutes of September 11, and 17, 2025.

Staff Report - Pdf

3.C. Acceptance of the Citywide FY 2024-25 Slurry Seal and Veterans Way Improvement Project as Complete
RECOMMENDATION:

Accept the Citywide FY 2024-25 Slurry Seal and Veterans Way Improvement Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

Staff Report - Pdf

City Council Agenda - October 1, 2025

3.D. A request for approval of an amended three-year Professional Services Agreement with Willdan for the Community Development Division for contractual services.

RECOMMENDATION:

Approve an amendment to the Professional Service Agreement with Willdan to provide contractual services for Community Development Division for the City of Norco.

Staff Report - Pdf

3.E. Adopt of Resolution No. 2025-61 Amending the City of Norco's Personnel Policies and Procedures Manual
RECOMMENDATION:

Adopt Resolution No. 2025-61 Amending the City's Personnel Policies and Procedures Manual.

Staff Report - Pdf

3.F. Adoption of Resolution 2025-62 to Authorize Participation in the National Opioid Settlements
RECOMMENDATION:

Adopt Resolution 2025-62 to Authorize Participation in the National Opioid Secondary Manufacturers Settlements.

Staff Report - Pdf

3.G. Adopt Resolution 2025-63, Establishing Update to the Annual Salary Ranges and Benefits for Classification in the Middle Management, Professional and Confidential Services of the City of Norco for Fiscal Year 2025-26
RECOMMENDATION:

Adopt Resolution 2025-63, Establishing Update to the Annual Salary Ranges and Benefits for Classification in the Middle Management, Professional and Confidential Services of the City of Norco for Fiscal Year 2025-26.

Staff Report - Pdf

City Council Agenda - October 1, 2025

3.H. Approval of Amendment No.1 to Extend the Professional Services Agreement with Civic Solutions, Inc. to Provide Professional Planning Services.

RECOMMENDATION:

Approve Civic Solutions, Inc. Contract Amendment No.1, in an amount not to exceed $300,000, authorizing continued professional planning support services.

Staff Report - Pdf

4. ITEM(S) PULLED FROM CONSENT CALENDAR

5. DISCUSSION / ACTION ITEM(S)
Order of Presentation for Discussion Items:

1. Staff Report Presentation

2. Council Questions of Staff

3. Public Comment

4. Council Discussion and Action

5.A. Discussion and Provide Direction on City's Weed Abatement Program RECOMMENDATION:

Discuss and provide direction on City's Weed Abatement Program.

Staff Report - Pdf

5.B. Discussion on the Concerns of the Lack of a Minimum Setback Requirements for Uncovered Horse Corrals/Corral Fencing from Side and Rear Property Lines in Zones that Allow for the Keeping of Large Animals RECOMMENDATION:

Discuss and provide direction regarding minimum setback requirements for uncovered horse corrals/corral fencing.

Staff Report - Pdf

6. PUBLIC HEARING(S)
Order of Presentation for Public Hearing Items:

1. Staff Report Presentation

2. Council Questions of Staff

3. Open Public Hearing
a. Public Comment

4. Close Public Hearing

5. Council Discussion and Action

City Council Agenda - October 1, 2025

6.A. First Reading, Ordinance No.1135 (City of Norco): An Ordinance of the City Council of the City of Norco, California, amending Norco Municipal Code Title 15 “Buildings and Construction”, Chapter 15.09 “Fire Code”, to adopt the California Fire Code and California Wildland-Urban Interface Code (WUI). Code Amendment 2025-06
RECOMMENDATION:

Approve the introduction and first read of Ordinance 1135, adoption the 2025 California Fire Code and Wildland-Urban Interface Code (WUI) to amend Norco Municipal Code Title 15 "Buildings and Construction", Chapter 15.09 "Fire Code". Code Amendment 2025-06.

Staff Report - Pdf

7. CITY COUNCIL / STAFF COMMUNICATIONS

8. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office.

Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.

City Council

STAFF REPORT
Date: October 1, 2025 Agenda Item:

3.A.

To: Honorable Mayor and City Council Members
From: Dana Roa, City Clerk
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:

Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only RECOMMENDATION:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Joshua Calhoun, Finance Director Approved by: Lisette Free, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney

City Council

STAFF REPORT
Date: October 1, 2025 Agenda Item:

3.B.

To: Honorable Mayor and City Council Members
From: Dana Roa, City Clerk
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:

Approval of City Council Regular and Special Meeting Minutes RECOMMENDATION:

Approve the City Council Regular Meeting and Special Meeting Minutes of September 11, and 17, 2025.

REVIEWED AND APPROVED BY:

Approved by: Lisette Free, City Manager
ATTACHMENT(S):

Draft City Council - Sep 11 2025 - Special Meeting - Minutes 1 Draft City Council - Sep 11 2025 - Special Meeting - Minutes 2 Draft City Council - Sep 17 2025 - Minutes

Draft - MINUTES
City Council
Thursday, September 11, 2025
City Hall Conf Room A – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 5:30 PM
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Kevin Bash, Council Member
Gregory Bowen, Council Member
Fia Sullivan, Council Member

CLOSED SESSION
Mayor Newton Adjourned to Closed Session at 5:30 p.m.

City Attorney Burns read the Closed Sessions into the Record.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9:
(1 potential case)

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns stated that there were no reportable actions held in Closed Sessions.

1. PUBLIC COMMENTS
There was no public comment at this time.

2. PLANNING COMMISSION INTERVIEWS

2.A. Interviews and appointment to one Planning Commission unscheduled vacancy.

City Clerk Roa explained the interview process to the Mayor and City Council members.

City Clerk Roa brought in the following applicants for individual interviews with the City Council:

A. Tara Young

City Council Minutes - September 11, 2025
B. Dan Chamberlain
C. Dennis Hutnik
D. Dillon Wemple
E. Kenny Munic
Following the interviews, the Mayor, Mayor Pro-tem, and Council Members deliberated on the applicants and ballot voted unanimously to appoint Dennis Hutnik to the Planning Commission unscheduled vacant seat.

3. ADJOURNMENT
Mayor Newton adjourned the meeting at 8:05 p.m.
_________________________________
Dana Roa, CMC
City Clerk

Draft - MINUTES
City Council
Thursday, September 11, 2025
City Hall Conf Room A – Norco City Hall
2820 Clark Avenue, Norco, CA 92860

CALL TO ORDER SPECIAL MEETING
Mayor Newton called the Special Meeting to order concurrent with Original Special Meeting
ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Kevin Bash, Council Member
Gregory Bowen, Council Member
Fia Sullivan, Council Member

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 potential case)

RECONVENE PUBLIC SESSION
Mayor Newton reconvened public session at 6 p.m.

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns stated there were no reportable action take on the Closed Session item.

ADJOURNMENT
Mayor Newton Adjourned the Special meeting at 6:02 p.m. _________________________________
Dana Roa, CMC
City Clerk

DRAFT - MINUTES
City Council
Wednesday, September 17, 2025
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER Mayor Newton Called the meeting to order
at 6:02 p.m.

ROLL CALL Greg Newton, Mayor
Robin Grundmeyer, Mayor Pro Tem
Kevin Bash, Council Member
Gregory Bowen, Council Member
Fia Sullivan, Council Member

CLOSED SESSION
Mayor Newton adjourned to Closed Sessions 6:02 P.M.

City Attorney Burns read Closed Sessions into the record.

CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2)of Section 54956.9: (1 potential cases)

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Silverlakes Sports Park - APNs 152060004; 152060011; 152070001; 152070002; and 152070011
Agency negotiator: City Manager
Negotiating parties: City of Norco and Balboa Management Group LLC.

Under negotiation: Price and Terms

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Anticipation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case)

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Facilities and Maintenance Director
RECONVENE PUBLIC SESSION Mayor Newton reconvened the public session at 7:06 p.m.

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns stated there were no reportable actions taken in Closed Sessions.

City Council Minutes - September 17, 2025
PLEDGE OF ALLEGIANCE Council Member Sullivan
INVOCATION Pastor Lazaro Santiago
Beacon Hill Assembly of God

PRESENTATIONS
Hispanic Heritage Month
National Preparedness Month

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
The Mayor, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards, and community organizations.

2. PUBLIC COMMENTS
Geoff Kahan spoke about his time in Norco, thanked City Council for all they have done for him and the community. He stated he was proud to have served the City of Norco and sorry to leave but greener pastures are ahead.

3. CONSENT CALENDAR
a) Approval of Consent Calendar as presented.

Item 3.C. pulled for discussion by Council Member Bash.

M/S GRUNDMEYER/BOWEN Approve remainder of Consent Calendar as presented. The Motion was carried by the following roll call vote:

AYES: NEWTON, GRUNDMEYER, BASH, BOWEN, AND SULLIVAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

3.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only

City Council Minutes - September 17, 2025
Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

3.B. Approval of City Council Regular Meeting Minutes
Action: Approved the City Council Regular Meeting and Special Meeting Minutes of September 3, 2025.

3.D. Approval of Resolution Nos. 2025-57 and 2025-58 Approving the Memorandum of Understanding Between the City of Norco and Utility Workers Union of America, Local 606 and the Classification Title, Salary Range for Events Maintenance Worker Classification Series and Adopting Salary Schedule FY 2025-26 and 2026-27.

Action: Adopted Resolution No. 2025-57 to approve Memorandum of Understanding between the City of Norco and Utility Workers Union of America, Local 606 and the classification title and salary range for Events Maintenance Worker classification series; and adopted Resolution No. 2025-58 to approve the salary schedule for FY 2025-26 and FY 2026-27.

3.E. Approve Resolution No. 2025-59 Fixing the Employer Contribution Under the Public Employee's Medical and Hospital Care Act at an Equal Amount For Employees and Annuitants
Action: Adopted Resolution No. 2025-59 Fixing the Employer Contribution Under the Public Employee's Medical and Hospital Care Act at an Equal Amount For Employees and Annuitants. This will implement changes in the amount of health insurance contribution to be paid by the City for members of the Utility Workers Union of America, Local 606 effective November 1, 2025.

3.F. Acceptance of the Third Street Improvements Project (Hamner Avenue to Valley View Avenue) as Complete
Action: Accepted the Third Street Improvements Project (Hamner Avenue to Valley View Avenue) as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

3.G. Acceptance of the Woodward Avenue Street Improvements Project as Complete

City Council Minutes - September 17, 2025
Action: Accepted the Woodward Avenue Street Improvements Project as complete and authorized the City Clerk to file the Notice of Completion with the County of Riverside.

3.H. Approval of Professional Services Agreement with Tripepi Smith & Associates for Communications Support Services, and Adopt Resolution No. 2025-60 Authorizing an Appropriation of $75,000 to Advance the City's Legislative Platform
Action: Approved Professional Services Agreement with Tripepi Smith & Associates for Communications Support Services, and Adopted Resolution No. 2025-60 authorizing an appropriation of $75,000 to advance the City's Legislative Platform carried

3.I. Certificate of Achievement for Excellence in Financial Reporting Award Action: Received and Filed.

4. ITEM(S) PULLED FROM CONSENT CALENDAR

3.C. Recap of Actions Taken by the Planning Commission at its Meeting Held on September 10, 2025

Council Member Bash had questions and concerns on Item 4.B. on the Planning Commission Agenda from September 10, 2025.

Community Development Director Robles answered questions and clarified concerns.

M/S BASH/NEWTON Receive and file the recap of actions taken by the Planning Commission at its meeting held on September 10, 2025 The Motion was carried by the following roll call vote:

AYES: NEWTON, GRUNDMEYER, BASH, BOWEN, AND SULLIVAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

5. LEGISLATIVE MATTERS

5.A. Second Reading: Ordinance No. 1133, approving Code Amendment 2025-04 to amend Title 9, “Fireworks,” Section 9.20.020, “Fireworks Prohibited,” of the Norco Municipal Code to prohibit aerial fireworks and authorize only proximate

City Council Minutes - September 17, 2025
fireworks for permitted displays, subject to approval by the Riverside County Fire Marshal’s Office
M/S GRUNDMEYER/BASH Adopt Second Reading of Ordinance No. 1133, approving Code Amendment 2025-04 to amend Title 9, “Fireworks,” Section

9.20.020, “Fireworks Prohibited,” of the Norco Municipal Code to prohibit aerial fireworks and authorize only proximate fireworks for permitted displays, subject to approval by the Riverside County Fire Marshal’s Office. The Motion was carried by the following roll call vote:

AYES: NEWTON, GRUNDMEYER, BASH, BOWEN, AND SULLIVAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

6. PUBLIC HEARING(S)

6.A. Appeal Hearing: An Appeal of the Planning Commission Denial of Conditional Use Permit 2025-04 (Sun) - A Request to allow an additional 18 Animal Units for a total of 35 horses at 3745 Sierra Avenue within the A-1-20 (Agricultural, Low Density) Zone (APN: 131-240-002).

Planning Associate Woods-Diaz presented staff report regarding appeal of the Planning Commission Denial of Conditional Use Permit 2025-04 (Sun).

Council Member Bash asked if any past code violations were on the property, any buildings not permitted and if property fencing was part of the back of the corral.

Council Member Sullivan had questions on the 107-foot measurement noted on the parcel map.

Council Member Bowen discussed unpermitted buildings on the map and questioned how long have they been on the property.

Mayor Newton questioned staff as to why they want City Council to uphold the Planning Denial.

Mayor Pro Tem Grundmeyer had questions to the split vote from the Planning Commission, as a denial or no vote.

Planning Associate Woods-Diaz, Community Development Director Robles and City Attorney Burns answered questions and addressed concerns.

City Council Minutes - September 17, 2025
Mayor Newton Opened the Public Hearing
Bill Naylor discussed that the owner does not live on site, the 5-foot setbacks, the evacuation of horses and his concerns about the Planning Commission making decisions on what someone can and can't do on their property.

Bonnie Slager discussed the areas set for horses, how many horses you can have on property, concerns about 12-foot x 12-foot stables and goal is always that the horses are well taken care of.

Mayor Newton closed the Public Hearing.

Applicant Anthony Sun spoke regarding denial of his project, clarified his project, and asked that the City Council please reconsider his request.

Council Member Bash asked the City Attorney about recusing himself from this item as he has conflict with being a business owner also.

City Attorney Burns after for a 5-minute break at 8:05 p.m.

Mayor reconvened the item at 8:09 p.m.

Council Member Bash recused himself from the item due to conflict at this time.

City Attorney Burns clarified "Grandfather Laws".

Council Member Sullivan asked that the applicant clarify site plan as to how many stalls that will be on the property.

Applicant Sun answered question.

Council Member Bowen asked for clarification on who lives in front house on site, the fire exit plan, and asked that the block wall be continued if possible.

Mayor Newton asked for clarification on the business that will be on the property, what type of horses on property, straight boarding, sublet stalls, manure management, someone on the property all the time, and bin on the right of way.

He discussed self-haul and a structure for manure.

Applicant Sun answered questions of Mayor Newton.

Mayor Pro Tem Grundmeyer discussed the lot size, corral size, storage of hay, and the findings on this project. She stated that the City has not supported

City Council Minutes - September 17, 2025
Horsetown USA Core Values on this project and she stated it should be approved.

Mayor Newton asked that the ADU update be added to the conditions of approval.

Mayor Pro Tem Grundmeyer Read the Conditions into the record.

Council Member Sullivan asked for clarification on what is permitted and nonpermitted on the site.

Following further discussion, motion was made.

M/S GRUNDMEYER/BOWEN Approve Conditional Use Permit 2025-04 with added Condition 16 as discussed by Council. The Motion was carried by the following roll call vote:

AYES: NEWTON, GRUNDMEYER, AND BOWEN
NOES: SULLIVAN
ABSENT: NONE
ABSTAIN: BASH

6.B. First Reading, Ordinance 1134 (City of Norco): An Ordinance of the City Council of the City of Norco, California, adopting the 2025 California Building Standard Codes, to amend Norco Municipal Code Title 15 “Buildings and Construction”:

Code Amendment 2025-05
Building Official Stefan Chiose presented the report regarding Ordinance 1134.

Council Member Bowen asked to review standards with staff at a later date one on one.

Mayor Newton had questions on page 2 Item E, structure built of wood with wood shake roof, strike statement of the "wood shake roof"
Mayor Newton opened the Public Hearing.

There was not Public Comment at this time.

Mayor Newton closed the Public Hearing.

Council Member Bowen discussed SCE electric panels.

City Council Minutes - September 17, 2025
Building Official Stefan Chiose answered the questions and addressed the concerns.

Following discussion, motion was made.

M/S NEWTON/GRUNDMEYER Approve the introduction and first read of Ordinance 1134, adopting the 2025 California Building Standard Codes, to amend Norco Municipal Code Title 15 “Buildings and Construction”: Code Amendment 2025-05. The Motion was carried by the following roll call vote:

AYES: NEWTON, GRUNDMEYER, BASH, BOWEN, AND SULLIVAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

7. CITY COUNCIL / STAFF COMMUNICATIONS
Mayor Newton questioned Public Works Director Nelson as to the timelines of the Valley View to Sierra relocation of poles.

Public Works Director Nelson stated he has no update and will follow up with SCE.

Facilities and Maintenance Director Hamilton reminded the community of the Blue Star Gold Star Family Day event.

Council Member Bash asked for an update on our ADU's and Housing Numbers.

Mayor Newton addressed Geoff Kahan, thanked him for his volunteerism and dedication to the City of Norco and wished him best on his new chapter.

8. ADJOURNMENT
Mayor Newton adjourned the meeting at 9:11 p.m.

_________________________________
Dana Roa, CMC
City Clerk

City Council

STAFF REPORT
Date: October 1, 2025 Agenda Item:

3.C.

To: Honorable Mayor and City Council Members
From: Sam Nelson, Public Works Director
Prepared By: Victor So, Senior Civil Engineer
Department: Public Works
SUBJECT:

Acceptance of the Citywide FY 2024-25 Slurry Seal and Veterans Way Improvement Project as Complete
RECOMMENDATION:

Accept the Citywide FY 2024-25 Slurry Seal and Veterans Way Improvement Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.

SUMMARY:

The Citywide FY 2024-25 Slurry Seal and Veterans Way Improvement Project consisted of asphalt slurry and asphalt replacement improvements on various City streets and Veterans Way.

BACKGROUND:

On February 5, 2025, the City Council awarded a contract to American Asphalt South, Inc. in the amount of $268,600 and authorized the City Manager to approve contract change orders up to 10% for the Citywide FY 2024-25 Slurry Seal and Veterans Way Improvement Project. The final contract amount paid to American Asphalt South, Inc. was $255,500. The decrease in the amount paid was primarily due to the reduction of full depth asphalt replacements for the project.

American Asphalt South, Inc. has completed all the work required to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.

FISCAL IMPACT:

This agenda item will not result in a fiscal impact.

RELATIONSHIP TO STRATEGIC PLAN:

This agenda is consistent with Strategic Direction No. 5, "Infrastructure and Asset Management."
REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Joshua Calhoun, Finance Director Approved by: Lisette Free, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):

Notice of Completion - 2024-25 Slurry Seal

RECORDING REQUESTED BY: THIS DOCUMENT IS FILED AT THE REQUEST

REQUEST CITY OF NORCO OF THE CITY OF NORCO PURSUANT TO
WHEN RECORDED MAIL TO: SECTION 6103 OF THE GOVERNMENT
2870 CLARK AVENUE CODE. NO FEE IS CHARGED THEREFORE.

NORCO, CA 92860
ATTN: CITY CLERK

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN BY THE CITY OF NORCO, A MUNICIPAL CORPORATION, STATE OF CALIFORNIA THAT THE WORK DESCRIBED AS CITYWIDE FY 2024-25 SLURRY SEAL AND VETERANS WAY IMPROVEMENT PROJECT (PROJECT NOS. 4902.1 & 54410.8) IN THE CITY OF NORCO IN ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND AMERICAN ASPHALT SOUTH, INC. WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE FIRST DAY OF OCTOBER, 2025.

THE WORK DONE: CONSISTED OF ASPHALT SLURRY AND ASPHALT REPLACEMENT ON VARIOUS CITY STREETS AND VETERANS WAY. (PROJECT NOS. 4902.1 & 54410.8)
THAT THE CITY OF NORCO, A PUBLIC BODY, CORPORATE AND POLITIC, WHOSE ADDRESS IS 2870 CLARK AVENUE, NORCO, CALIFORNIA, 92860 IS THE OWNER OF SAID IMPROVEMENT WORK; AND THAT SAID WORK WAS PERFORMED BEGINNING FEBRUARY 5, 2025, IN THE CITY OF NORCO. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.

THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY AMERICAN ASPHALT SOUTH, INC. IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED FEBRUARY 5, 2025, AND THE DRAWINGS AND SPECIFICATIONS WHICH WERE A PART OF SAID CONTRACT.

THIS NOTICE OF COMPLETION IS GIVEN BY THE CITY OF NORCO PURSUANT TO THE APPROPRIATE PROVISIONS OF TITLE XV, PART IV, DIVISION 1 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AND UPON ORDER OF THE CITY OF NORCO.

OCTOBER 01, 2025
DATED:

CITY OF NORCO

A MUNICIPAL CORPORATION
BY: __________________________

DANA ROA, CMC

CITY CLERK
VERIFICATION FOR NON-INDIVIDUAL OWNER:

I, THE UNDERSIGNED, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT I AM THE CITY CLERK OF THE CITY OF NORCO; THAT I HAVE SIGNED THE SAID NOTICE, THAT I KNOW AND UNDERSTAND THE CONTENTS THEREOF, AND THAT THE FACTS STATED THEREIN ARE TRUE AND CORRECT.

OCTOBER 01, 2025 ______________________________

DATE DANA ROA, CMC

CITY CLERK

CITY OF NORCO

City Council

STAFF REPORT
Date: October 1, 2025 Agenda Item:

3.D.

To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Lacey David, Senior Permit Tech
Department: Community Development
SUBJECT:

A request for approval of an amended three-year Professional Services Agreement with Willdan for the Community Development Division for contractual services.

RECOMMENDATION:

Approve an amendment to the Professional Service Agreement with Willdan to provide contractual services for Community Development Division for the City of Norco.

SUMMARY:

On September 3, 2025, the City Council approved a three-year Professional Service Agreement with Willdan. After further review by Willdan and City Attorneys, the contract required legal revisions. Those revisions have been made, reviewed by legal and are attached.

BACKGROUND:

On September 17, 2020, City Council approved a contract with Willdan for a three-year period with an option to extend for a two-years. The contract expired on September 17, 2025. On September 3, a new contract for professional services was approved.

However, additional legal revisions are needed based on further review by Willdan and City Attorneys. Staff is recommending that the City Council approve the revised agreement. Below is an example of fees, some fees have increased, others have remained the same.

Service Old Rate New Rate Percent
change Notes:

Plan review for
projects with a
valuation of $0 -
$99,000
70% 70% 0%

Service Old Rate New Rate Percent
change Notes:

Plan review for
projects with a
valuation of
$100,000 -
$999,999
65% 65% 0%
Plan review for
projects with a
valuation of
$1,000,000 -
$4,999,999
60% 60% 0%
Plan review for
projects with a
valuation greater
than $5,000,000
50% 50% 0%
Plan Review
(Hourly) $130 $130 0%
Building Official
Services $140 $150 7%
Building Inspector $95 $105 10%
Senior Building
Inspector not applicable $115 new service rate
Permit Technician
Services
$70 $75 7%
Senior Permit
Technician
Services
$85 $85 0%
CASp Services $125 $135 7%
Associate Planner $135 $150 10%
Assistant Planner $115 $130 12%
 The City is using Willdan for a part-time building official and full-time inspector; therefore contractual service costs were budgeted to reflect this.  It is within the best interest of the City to continue a partnership because of Willdan's experience, consistency and knowledge of the City of Norco.

FISCAL IMPACT:

Contractual services related to the Building and Safety Division is accounted for in the Fiscal Year 2025-26 Operating Budget.

RELATIONSHIP TO STRATEGIC PLAN:

This agenda item is consistent with Strategic Plan Direction No. 1 - Public Health, Safety and Wellness: Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Joshua Calhoun, Finance Director Approved by: Lisette Free, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):

Willdan Renewal Fees 2023
Norco SOQ Willdan - Cost - 8.2025
Plan Check-Building, Project Review-Planning, Contract_Willdan, 2025_FINAL

July 5, 2023
Mr. Steve Raney
City of Norco
Building & Safety Division
2870 Clark
Norco, CA 92860
Subject: Contract Renewal
Dear Mr. Raney:

Please see the following table for revised fees pertaining to building and safety services:

SERVICE PROVIDED FEE
Plan review for projects with a valuation of $0 - $100,000 70% of fee collected by City Plan review for projects with a valuation of $100,000 - $1,000,000 65% of fee collected by City Plan review for projects with a valuation of $1,000,000 - $5,000,000 60% of fee collected by City Plan review for projects with a valuation greater than $5,000,000 50% of fee collected by City Plan Review (Hourly) $130 per hour
Expedited Plan Review (Fee above) X 1.35

ADDITIONAL SERVICES
Building Official Services $140 per hour
Senior Building Inspector $105 per hour
Building Inspector $95 per hour
CASp Services $125 per hour
Permit Technician Services $70 per hour
Senior Permit Technician Services $85 per hour
Associate Planner $135 per hour
Assistant Planner $115 per hour
Please feel free to contact me should you have any questions or require additional information.

Respectfully submitted,

WILLDAN ENGINEERING
Patrick Johnson, PE
Director of Building and Safety
[email protected]

August 14, 2025
Alma Robles
Community Development Director
City of Norco
2870 Clark
Norco, CA 92860
Subject: SOQ for Contract Renewal
Dear Alma Robles:

Willdan’s current agreement with the City of Norco is due to expire September 2025. As such, Willdan is pleased to present this Statement of Qualifications to continue providing services to the City.

COMPANY INFORMATION
Willdan Engineering (Willdan), a California corporation since 1964, is a subsidiary of Willdan Group, Inc., a publicly traded Delaware corporation.

Services are provided to nationwide clientele through three subsidiary firms – Willdan Engineering, Willdan Energy Solutions, and Willdan Financial Services – that offer a portfolio of diversified strengths. Throughout our 60-year history, Willdan has been a consistent industry leader providing all aspects of municipal, infrastructure, and transportation engineering; program management; financial consulting; municipal planning; environmental; energy-related services, along with a full complement of related disciplines.

Dedicated to providing public agencies with reliable, quality, and costeffective services, Willdan merges sound solutions with a solid respect for the fiscal responsibility faced by local agencies and the concerns of affected communities. This approach has proven responsive to the most challenging budget, schedule, and aesthetic requirements. It is a contributing factor to our industry reputation and our company growth. Willdan addresses the varied demographics of our public agency clients through focused, specialized services offering solutions tailored to the unique goals and visions of each agency.

Unique to Willdan is our understanding of public agency needs and issues. Willdan's professionals often serve to extend our clients' staff in the capacity of planning directors, city engineers, and other public agency positions. Additionally, many provide the added value of having served in public agency management positions prior to joining Willdan. With this experience, expertise, knowledge, and resources, Willdan offers comprehensive solutions that are timely, cost effective, and tailored to meet the needs of individual communities.

The company has more than 1,700 employees, including licensed engineers, program and construction managers, financial analysts, planners, and other skilled professionals, operating out of 50+ offices located throughout the United States. Willdan benefits from well-established relationships with local and state government agencies, investor-owned and municipal utilities, and private sector commercial and industrial firms throughout the United States. We have supported the implementation of community visions through engineering, construction management, inspection, planning, building safety, and staff augmentation services.

Willdan's corporate-wide capabilities include a full range of civil and structural engineering, land planning, financial and economic consulting, geology and geotechnical engineering, environmental health and safety, and energy efficiency solutions consulting services.

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We provide professional services in all phases of municipal activities from project development, grant funding application assistance and administration, site analysis, and conceptual development to final design, construction management, observation, and project close-out.

BUILDING AND SAFETY
Willdan’s experience and strength in building and
safety encompasses the complete range of technical
disciplines, including permit issuance, building
inspection, grading inspection, accessibility
inspection, CASp services, OSHPD III plan check and inspection, flood zone experience, building plan review, fire-life safety, building official services, code enforcement, and emergency safety assessment expertise.

The inspection and plan review staff maintain current certifications and attend training on a regular basis, to stay current with industry technologies and standards. Specific certifications and education are delineated in staff résumés herein.

When it comes to serving the residents of the City of Norco community, Willdan sees our role as that of facilitator and guide, helping the City’s customers in getting through the review, permitting, and inspection process, rather than leaving the applicant in a bind in obtaining or signing off permits, while ensuring development complies with building codes and City standards. We understand that the process of complying with the various codes, standards, regulations and laws can be a formidable and daunting undertaking—for even the most seasoned design or construction professional. Furthermore, an understanding of the complexity associated with processing private development applications and the sometimes-competing interests is essential to exceptional customer service. Competing interests include, but are not limited to, creating a sense of place, achieving economic development objectives, ease of maintenance, and assuring the City will be as satisfied with the infrastructure on day one as 20 years from “day one.” Common sense decision making and technical analysis in interpreting the intent of regulatory guidelines are significant strengths Willdan staff brings to the City.

Our approach to service provision is based on responsiveness, cost-control measures, and practical training programs. We understand the importance of timely and efficient service delivery, and our team is committed to providing quick response times while maintaining cost-effectiveness. We prioritize effective training programs to ensure our staff possesses the necessary skills and knowledge to perform their duties to the highest standards.

Willdan is uniquely positioned to deliver high-quality Building and Safety Division services that exceed client expectations and ensure public safety. Our additional resources, availability, high-level oversight, and on-time performance set us apart from other providers. Our commitment to practical training programs and costcontrol measures ensures that our services are always delivered to the highest standards.

Willdan’s engineering division spans the scope of building and safety services including:
▪ Building Official Services
▪ Inspection Services
▪ Permit Technician Services
▪ Plan Review Services
▪ Fire Protection Services
▪ Code Enforcement Services
ICC Preferred Provider – Willdan is recognized as an ICC Preferred Provider and our knowledgeable staff is available to provide training to jurisdictions as needed.

Building and Safety Services
Building & Safety Inspection
Grading and Right-of-Way Inspection
Landscape Plan Check/Inspection
Plan Check
Permit Technician
Construction Management
Code Enforcement
Building Official
Disaster Recovery Services
Development Permitting Process

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SCOPE OF WORK

BUILDING OFFICIAL SERVICES
Responsibilities include, but are not limited to:
▪ Quality control review of plan checks and inspections ▪ Resolution of resident inquires and complaints
▪ Building Official Administration, processing of complex Building Code issues and dispute resolution ▪ Contribute the necessary resources to the configuration, implementation and on-going support of an automated permitting system
▪ Participate in the City’s Architectural Review Board
▪ Review discretionary application for preliminary compliance with construction codes ▪ Coordinate with Code Enforcement regarding an aggressive abatement program ▪ Review and update the Building and Safety Procedures Manual ▪ Monthly Reporting of Building and Safety Activities as well as reports required for fee collection and other reports required by the State of California or other government agencies ▪ Processing of Planning Commission and City Council staff reports related to Building and Safety items
▪ Periodic attendance at Planning Commission and City Council meetings

BUILDING PLAN REVIEW
Project plan review goes hand-in-hand with the inspection element and is equally critical to the development process. Plan review services bring the intent of the design team and the adopted codes of the community together. It is the plans examiner's responsibility to ensure the project is designed in accordance with codes and standards adopted by the municipal agency. Working together as a team, the plans examiner, the designer, and the inspector all contribute greatly to the health, safety, and welfare of the community.

All building plans will be examined for compliance with the current adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Fire Code, California Historical Code, California Existing Building Code and the Accessibility, Noise and Energy Conservation requirements as mandated by State Title 24, and all additional applicable City Ordinances. Plan review for Disabled Access Compliance will include a review of precise grading plans.

Plan checks will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes, and policies. All plan check services will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes, and policies.

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Plan check will include a review of any or all of the following design elements as determined by the City:
▪ Architectural
▪ Structural
▪ Plumbing
▪ Mechanical
▪ Fire/Life Safety
▪ Electrical
▪ Energy Conservation Regulations (Title 24)
▪ Disabled Access Regulations (CBC)
▪ Green Building Standards
▪ CASp
Willdan will provide plan check comments which outline the documents reviewed, instructions to the applicant regarding the processing of documents, and a listing of plan check comments. The plan check comments will refer to appropriate sheets, details or calculation pages and the code section of concern.

Comments shall specify the apparent code violation.

Our plan checkers will schedule meetings during work hours to discuss and clarify plan check issues with designers, owners, and contractors. Resolutions of code issues may also be accomplished by telephone and/or email as well as scheduled meetings prior to resubmitting corrected plans and documents. We will respond to inquiries from applicants within one day.

BUILDING INSPECTION
Our inspectors are ICC certified and fully experienced performing residential, commercial and industrial inspections for compliance to the approved plans and related documents. The inspections will be performed in accordance with the City’s adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and the State and Federal regulations for Accessibility, Noise and Energy Conservation, California Fire Code and provisions of Title 19 and NFPA.

Inspection staff will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that may arise. Inspectors shall attend and participate in required meetings with other City inspection and plan review staff, property owners, contractors and/or design professionals.

Inspectors will review the permit package to verify that the on-site condition is consistent with the appropriate records for square footage, setbacks, heights, and other requirements that may be applicable. Inspectors will comply with the City’s procedures for reporting inspection results, use City inspection correction forms, make appropriate entries onto the permit documents, and follow City procedures prior to finalizing a building permit.

Willdan will verify that all inspection records, including daily records of what was inspected which will be recorded on the job card, and permit copy entered into the City’s Building and Safety computer system. We will employ such techniques as necessary to minimize delays to builders and provide helpful advice and counsel to builders, owners, engineers and architects as to enhance the orderly flow of the construction process yet maintaining an effective level of enforcement. Inspectors shall ensure that any construction changes are documented and approved by appropriate City staff.

Our inspection staff are supplied with cell phones and laptops and/or iPads for email communication and document creation and record keeping. Inspections will be provided on a next-day basis should the request be received prior to 4:00 pm the previous day.

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CASp SERVICES
Willdan can provide CASp certified inspectors to the City as required by California Civil Code, Division 1, Part 2.52, Section 55.53(d)1&2.

Our CASp certified inspectors will provide building and site evaluations for ADA and State Disabled Access requirements; provide evaluations and reporting for Applicable Construction Related Accessibility Standards; provide CASp Disability Access Certificates; provide expert witness and legal services support; and provide other services as required by the City. Our CASp certified inspector will be available within 24 hours of notification or sooner.

PERMIT TECHNICIAN SERVICES
Under the supervision of the City, our provided permit technician(s) will provide customerfriendly public counter service. Using the City’s permitting software system for plan check tracking, permit issuance and report generation, Willdan provides quick, efficient service at the counter. Our knowledgeable staff, who always understand that this may be the first time that a citizen is applying for a permit, have the ability to help all applicants, from the least knowledgeable applicant for a simple home remodel to experienced owners who have many years of development experience.

Our goal is to make sure that every applicant feels that we have answered their questions and met their needs. The designated permit technician(s) will provide counter services during City Office hours.

Our building counter services include but are not limited to:
▪ Customer support at the counter and over the phone
▪ Direct the public as needed to various sources of information including other City divisions and departments
▪ Provide information regarding permit procedures, policies, and functions ▪ Permit application review to ensure completeness and accuracy ▪ Calculate and collect fees in accordance with established fee schedules ▪ Verify plan check status
▪ Building permit processing and issuance
▪ Public assistance in completing permit applications
▪ Verification that projects have obtained all necessary approvals prior to permit issuance ▪ Applicant notification when construction documents and/or permits are ready for pick-up or issuance
▪ Coordination and routing of construction documents to the appropriate City staff for plan review and approval
▪ Resolution of resident inquires and complaints
▪ Records maintenance, document preparation for storage and or imaging

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COST

SERVICE PROVIDED FEE
Plan review for projects with a valuation of $0 - $99,999 70% of fee collected by City Plan review for projects with a valuation of $100,000 - $999,999 65% of fee collected by City Plan review for projects with a valuation of $1,000,000 - $4,999,999 60% of fee collected by City Plan review for projects with a valuation greater than $5,000,000 50% of fee collected by City Building Official $150
Plan Check Engineer $145
ICC Plans Examiner $130
CASp Services $135
Senior Building Inspector $115
Building Inspector $105
Senior Permit Technician $ 85
Permit Technician $ 75
Associate Planner $150
Assistant Planner $130
We appreciate our relationship in providing services to the City of Norco and look forward to continuing these services. Please feel free to contact me with any questions.

Sincerely,

WILLDAN ENGINEERING
Patrick Johnson, PE, CBO
Director of Building and Safety

CITY OF NORCO

BUILDING AND SAFETY DIVISION PLAN CHECK SERVICES

PLANNING DIVISION PROJECT AND ENVIRONMENTAL REVIEW SERVICES SEPTEMBER 3, 2025 THROUGH SEPTEMBER 3, 2028 (3-Year Contract)

AGREEMENT

1. Parties and Date.

This Agreement is made and entered into this the 17th of September, 2025 by and between the City of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California 92860, County of Riverside, State of California, (hereinafter referred to as “City”) and Willdan Engineering, a corporation with its principal place of business located at 650 E. Hospitality Lane, Suite 250, San Bernardino, CA 92626, (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by The City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing plan check services, and project and environmental review services, to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the requirements of the City.

2.2 Project.

City desires to engage Contractor to render such services for the Building and Safety Division for Plan Check Services, and the Planning Division for Project and Environmental Review Services (“Services”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Building and Safety Division plan check services and the Planning Division project and environmental review services on an as-needed basis necessary for the Service (“Services”). The Services are more particularly described in Attachment 1 attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with this Agreement, and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The terms of this Agreement shall be from September 17, 2025 through September 17, 2028, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement for an additional two (2) years, as authorized by the City Manager.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Attachment 1 attached hereto and incorporated herein by reference.

Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates the Director of Planning, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Patrick Johnson, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

The Contractor’s Representative shall supervise and direct the Services, using best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the

standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Agreement, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.7.1 Period of Performance and Liquidated Damages. Contractor shall perform and complete all services under this Agreement within the term set forth in Section

3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of, $100.00 per day, not to exceed a total amount equal to ten percent (10%) of the total compensation payable to Contractor under this Agreement.

3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9 Insurance.

3.2.9.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.2.9.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the

Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,500,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,500,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

3.2.9.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor.

(D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

3.2.9.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

3.2.9.5 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.9.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.9.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.9.8 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the Proposal Form, attached hereto and incorporated herein by reference. The Services shall be performed on an “as needed” basis. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates project or address, category of service, fee, and person performing plan check; and any other item of information the City may deem necessary for tracking purposes including hours associated with service. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. This contract will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages, apprenticeship employment standards, and Contractor registration program established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will be also required.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor: Willdan Engineering
650 E. Hospitality Lane, Suite 400
San Bernardino, CA 92626
Attention: Patrick Johnson, PE
City: City of Norco
2870 Clark Avenue
Norco, CA 92860
Attention: Alma Robles
Such notice shall be deemed made when personally delivered or when mailed, fortyeight (48) hours after deposit in the US Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees,

agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Notwithstanding the foregoing, Contractor shall not be required to indemnify, defend, or hold harmless the City to the extend that any claim, demand or liability, damage or expense arises from the active or sole negligence or willfull misconduct of the City, its officals, officers, employees, agents or volunteers. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this service.

3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.13 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
##

CONTRACTOR:
________________________________________________
Name of Contractor
*By
________________________________________________
Signature
_______________________________________________
Name and Title
_______________________________________________
Date
*By
_______________________________________________
Signature
________________________________________________
Name and Title
________________________________________________
Date
APPROVED AS TO FORM:

OWNER: CITY OF NORCO, a municipal corporation
*By
________________________________________________
Greg Newton, Mayor
ATTEST:

__________________________________
Colin Burns, City Attorney
________________________________________________
Dana Roa, CMC, City Clerk

City Council

STAFF REPORT
Date: October 1, 2025 Agenda Item:

3.E.

To: Honorable Mayor and City Council Members
From: Lisette Free, City Manager
Prepared By: Joshua Calhoun, Finance Director
Department: Human Resources
SUBJECT:

Adopt of Resolution No. 2025-61 Amending the City of Norco's Personnel Policies and Procedures Manual
RECOMMENDATION:

Adopt Resolution No. 2025-61 Amending the City's Personnel Policies and Procedures Manual.

SUMMARY:

The Personnel Policies and Procedures Manual (Manual) serves as a comprehensive guide outlining the rights, responsibilities, and expectations of all employees within the organization. It also establishes a framework for consistent and fair treatment of employees while promoting a positive and productive work environment. The Manual serves several crucial purposes including providing clear and consistent guidelines for employees and ensuring everyone understands their rights, benefits, and responsibilities. It also ensures compliance with applicable employment laws, regulations, and industry standards, thereby reducing the risk of legal issues and disputes. By outlining employee rights and benefits, the Manual empowers employees to make informed decisions about their careers within the organization.

BACKGROUND:

The City Council adopted a Personnel Policies and Procedures Manual applicable to all City Employees. The Human Resources Department along with the City Attorney's Office periodically bring edits to the City Council for consideration. The last Manual was revised on June 20, 1990 (Resolution No. 90-54). Given the substantial time from the last update the Manual incorporates substantial changes to conform to the latest employment laws, regulations and industry standards. It is essential that the City's policies remain up to date, providing clear guidance to employees and management while ensuring alignment with best practices and legal standards.

It is the purpose of these policies to establish a uniform and equitable system of personnel administration for employees of the City of Norco. Their provisions do not establish terms and shall not be construed as contractual provisions. They are not intended to be all-inclusive, interfere with MOU’s or to cover every situation that may arise.

This has been reviewed by represented employee groups and accepted its terms and contents.

FISCAL IMPACT:

This agenda item will not result in a fiscal impact.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Direction No. 2 - "Human Capital" - Build a sustainable workforce to meet the needs of all stakeholders.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Joshua Calhoun, Finance Director Approved by: Lisette Free, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):

Resolution 2025-61 - Adopt Revised Personnel Policies and Procedures Manual (Attachment A)
Personnel Rules and Regulations (Attachment B)

RESOLUTION NO. 2025-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING THE CITY’S PERSONNEL POLICIES AND

PROCEDURES MANUAL
WHEREAS, the City of Norco’s Personnel Policies and Procedures Manual (“Personnel Rules”) is the official document containing the employment policies of the City; and
WHEREAS, the Personnel Rules are a living document that is reviewed and updated as necessary or desirable to ensure the City’s employment policies are in compliance with applicable laws and regulations to ensure the City is able to attract and retain top talent; and
WHEREAS, the Personnel Reules were last updated on June 20, 1990 by Resolution 90-54; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORCO, HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated as a material part of this resolution.

SECTION 2. The Policies and Procedures Manual attached hereto as Exhibit “A” and incorporated herein by reference is adopted and shall take effect on October 1, 2025. Any and all prior approved versions of the Personnel Policies and Procedures Manual shall no longer be of any force and effect as of October 1, 2025 PASSED AND ADOPTED by the City Council of the City of Norco as a regular meeting held on October 1, 2025.
______________________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk

Resolution No. 2025-61

October 1, 2025
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California do hereby certify that the foregoing Resolution was introduced and adopted by the City Council of the City of Norco at a meeting held on October 1, 2025 by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California on October 1, 2025. ________________________
Dana Roa, CMC,City Clerk
City of Norco, California
Attachment: Personnel Policies and Procedures Manual

Updated 08/01/2025
Personnel Policies
and Procedures Manual

i

TABLE OF CONTENTS
Article I. ADMINISTRATION OF PERSONNEL POLICIES...................................... 2 Section 1.1 Introduction....................................................................2 Section 1.2 Purpose ..........................................................................2 Section 1.3 Application of Personnel Manual .................................3 Section 1.4 Personnel Officer...........................................................3 Section 1.5 Definition of Terms ........................................................4 Article II. RECRUITMENT, SELECTION AND APPOINTMENT............................... 7 Section 2.1 Purpose ..........................................................................7 Section 2.2 Equal Employment Opportunity ...................................8 Section 2.3 General Provisions ........................................................9 Section 2.4 Nepotism/Fraternization/Conflicting Relationships..10 Section 2.5 Probation......................................................................11 Article III. CLASSIFICATION, COMPENSATION AND HOURS............................ 12 Section 3.1 Merit Advancement......................................................12 Section 3.2 Hours of Work..............................................................13 Section 3.3 Overtime .......................................................................13 A. General…...........................................................13 B. Standby..............................................................14 C. Call-Out..............................................................14 D. Compensatory Time..........................................14 Section 3.4 Pay Period/Pay Day .....................................................14 Section 3.5 Acting Pay ....................................................................15 Section 3.6 Continuous Service Bonus.........................................15

ii
Article IV. PERFORMANCE EVALUATION ........................................................... 15 Section 4.1 General Provisions ......................................................15 Section 4.2 Procedure.....................................................................16 Article V. BENEFITS…….……………………………………………………………….17
Section 5.1 Anniversary Date for Benefits ....................................17 Section 5.2 Retirement....................................................................18 Section 5.3 Change of Status .........................................................19 Section 5.4 Use of City Equipment Prohibited..............................19 Article VI. LEAVES………. ..................................................................................... 20 Section 6.1 Holidays........................................................................20 Section 6.2 Compensatory Time Leave Usage .............................21 Section 6.3 Vacation........................................................................21 Section 6.4 Administrative Leave...................................................21 Section 6.5 Sick Leave ....................................................................22 Section 6.6 Family Care and Medical Leave Policy ......................24 Section 6.7 Bereavement and Reproductive Loss Leave.............37 Section 6.8 Pregnancy Disability Leave ........................................38 Section 6.9 Leave for Victims of Qualifying Acts of Violence (“QAV”) or Other Crimes............................................40 Section 6.10 Jury Duty ......................................................................42 Section 6.11 Court Appearances......................................................42 Section 6.12 Military Leave...............................................................42 Section 6.13 Leave Without Pay.......................................................42 Section 6.14 Work-Incurred Illness/Injury .......................................43 Section 6.15 Illness or Injury Hours.................................................46

iii
Article VII. SEPARATION, REINSTATEMENT AND TRANSFER ......................... 46 Section 7.1 Voluntary Termination of Employment......................46 Section 7.2 Job Abandonment .......................................................47 Section 7.3 Layoff Procedure .........................................................47 Section 7.4 Bumping Rights ...........................................................47 Section 7.5 Re-Employment ...........................................................48 Section 7.6 Reinstatement..............................................................48 Section 7.7 Transfer ........................................................................48 Article VIII. DISCIPLINARY ACTION AND ADMINISTRATIVE REVIEW .............. 49 Section 8.1 Disciplinary Action ......................................................49 Section 8.2 Cause for Disciplinary Action.....................................51 Section 8.3 Notice of Intent to Discipline ......................................54 Section 8.4 Procedure – Skelly Process (Suspension, Demotion, Reduction in Pay, Discharge) .....................................55 Section 8.5 Suspension – Less than Five Working Days.............56 Section 8.6 Administrative Suspension With Pay ........................56 Section 8.7 Disciplinary Records ...................................................57 Article IX. COMPLAINT AND GRIEVANCE PROCEDURE ................................... 57 Section 9.1 Purpose of Complaint and Grievance Procedure .....57 Section 9.2 Definitions ....................................................................57 Section 9.3 Complaint Procedure ..................................................57 Section 9.4 Grievance Procedure...................................................58 Section 9.5 General Provisions ......................................................59 Section 9.6 Grievance Procedure Exclusion.................................59 Section 9.7 Statement of the Grievance ........................................60 Section 9.8 Right of Representation ..............................................60

iv
Article X. APPEAL PROCESS FOR GRIEVANCES AND CERTAIN
DISCIPLINARY PROCEDURES........................................................................ 60 Article XI. SAFETY AND HEALTH......................................................................... 65 Section 11.1 Motor Vehicle Reports.................................................65 Section 11.2 Observance of Traffic Laws........................................66 Section 11.3 Seat Belt Policy............................................................66 Section 11.4 Smoking in the Work Environment ............................66 Section 11.5 Automobile Insurance .................................................66 Section 11.6 Cell Phone Use.............................................................67 Article XII. EMPLOYEE ACTIVITIES...................................................................... 67 Section 12.1 Outside Employment...................................................67 Section 12.2 Political Activities ........................................................67 Section 12.3 Seeking New Employment ..........................................68 Section 12.4 Use of City Property ....................................................68 Section 12.5 Gifts and Gratuities .....................................................68 Article XIII. UNIFORM POLICY .............................................................................. 68 Section 13.1 Employee Uniform Program .......................................68 Section 13.2 Other Uniform Guidelines ...........................................69 Article XIV. PROHIBITION ON DRUGS & ALCOHOL IN THE WORKPLACE...... 69 Article XV. POLICY AGAINST DISCRIMINATION, HARASSMENT AND RETALIATION; COMPLAINT PROCEDURE (ADMIN POLICY 307)................ 69 Article XVI. VIOLENCE IN THE WORKPLACE POLICY (ADMIN POLICY 507)... 70 Article XVII. VEHICULAR ACCIDENT / INCIDENT REPORTING.......................... 71 Article XVIII. MISCELLANEOUS POLICIES AND PROCEDURES ....................... 71 Section 18.1 Travel Policy.................................................................71 Section 18.2 Identification Card .......................................................71

v
Section 18.3 Employee Parking........................................................71 Section 18.4 Personal Appearance and Conduct ...........................71 Section 18.5 Meal Period/Rest Period..............................................72 Section 18.6 Attendance ...................................................................72 Section 18.7 Lactation Accommodation..........................................72 Section 18.8 Volunteering at City Events Policy.............................73 Article XIX. Chart of Administrative Policies Referenced in this Manual.......... 75 Article XX. CITY OF NORCO MEAL BREAK WAIVER AGREEMENT.................. 76 Article XXI. FLOWCHART DEPICTING DISCIPLINE PROCEDURE..................... 77 Article XXII. FLOWCHART DEPICTING COMPLAINT PROCEDURE .................. 78 Article XXIII. FLOWCHART DEPICTING GRIEVANCE PROCEDURE ................. 79 Article XXIV. FLOWCHART DEPICTING APPEAL PROCESS ............................. 80

1 CITY GOVERNMENT/ORGANIZATION
The City of Norco was incorporated in 1964 as a “General Law” City which means Norco’s basic laws are contained in the laws of the State of California. The legislative power of the City is vested in the City Council. The Council consists of five persons who are elected at-large by the citizens of Norco. The five members then select one of their members to serve as Mayor for a one year term. The Mayor acts as the official head of the City on public and ceremonial occasions and signs documents and chairs Council meetings. The City Council elections are held every two years and Council members are elected to four year terms. This staggered system ensures that the Council is always a representative body. The City Council makes appointments to all advisory Committees and Commissions; adopts and revises City laws as needed; determines City policies; sets standards for City services; determines budgetary expenditure and programs; approves City contracts and agreements; and represents the City in intergovernmental relations. The Council also appoints the City Manager and the City Attorney.

The City Manager is the Chief Administrative Officer of the City. The City Manager implements Council policies; coordinates the work of City departments; enforces City laws; expends funds as authorized by the Council; makes recommendations to Council regarding legislation, finance, capital improvements, policies, employment and services; negotiates and administers contracts and agreements; and informs the Council of the City’s business and financial condition.

The City Attorney is responsible for preparing legal documents of the City and advising the City Council directly on matters pertaining to the law.

The City accomplishes its work under the direction of the City Manager through Departments, each specializing in a particular service. A number of services are provided through contracts with other public and private agencies.

2 ARTICLE I. ADMINISTRATION OF PERSONNEL POLICIES
Section 1.1 Introduction
This manual is intended to serve as a general guide for the administration of the personnel system of the City of Norco. Many City Policies and Procedures are contained in Administrative Policies which may not be reflected in this Personnel Manual. All Administrative Policies of the City are located on the City’s intranet system. Employees are responsible for reading the policies and are expected to adhere to the City’s Administrative Policies at all times whether the policy is reflected in this manual or not. For clarification on the content of this manual, or questions about any City policies, please contact the Human Resources Division for assistance.

The Personnel Policies and Procedures Manual (“Manual”) does not constitute a contract of employment or a promise of specific treatment in specific situations, expressed or implied, and any provisions contained within may be modified at any time to comply with changes in employment practices with the City of Norco or with changes in State or Federal law. The City retains the right to modify, supplement, revise, or rescind any provisions of this manual without notice, as it deems appropriate in its sole and absolute discretion.

Memorandums of Understanding (“MOU”) with bargaining units including Norco General Employee’s Association (“NGEA”) and Utility Workers Union of America, Local 606 (“UWUA Local 606”) supersede these policies if there is a conflict. Questions regarding the MOU should be discussed with the appropriate Association Representative.

The personnel policies and procedures govern the day-to-day personnel practices and administration of the City. All employees shall read and become familiar with the policies and procedures as set forth, as well as City’s other Administrative Policies.

The personnel policies and procedures of the City of Norco have been developed through consultation with Management, Employee Associations, Legal Counsel and with the approval of the Personnel Officer.

Section 1.2 Purpose
This Manual contains the personnel policies and procedures of the City of Norco.

These policies are intended to increase employee understanding of the City’s expectations and help promote consistency throughout the organization. Each City employee is responsible for knowing its content.

Note, however, that the policies expressed herein may differ slightly from City Department to Department. City Departments may have additional policies, procedures and regulations which are necessary for efficient internal operations.

3 City employees can assist in keeping policies and procedures current by notifying the Human Resources Division whenever issues arise regarding the administration of these policies. The City encourages employees to make use of both informal and formal communication so the City can respond to concerns.

Section 1.3 Application of Personnel Manual
Except as otherwise stated herein, these rules apply to all employees of the City of Norco except positions funded under a state or federal employment program; individuals designated as volunteer, per diem or contractual; employees designated as temporary, provisional, or seasonal and employees who work less than 1000 hours in any one calendar year; and emergency employees who are hired to meet the immediate requirements of an emergency. These individuals/employees hold their positions at the will of the City Council or City Manager and are not obligated by, nor entitled to, any benefits provided by these rules.

Although covered by these Rules, some employees are excluded from certain provisions of the Manual. The following employees are excluded from provisions regarding overtime, suspension, salary reduction, demotion, and termination. • Elective Officers
• Members of appointed boards, commissions, committees and agencies. • Persons engaged under contract to supply expert, professional, technical or other services
• City Manager
• Director of Community Services
• Director of Community Development
• Director of Facilities and Maintenance
• Director of Public Works
• Director of Finance
• City Clerk
These employees hold their offices or positions at the will of the City Council or City Manager and may be terminated at any time without cause or right to appeal.

Section 1.4 Personnel Officer
The City Manager is designated as the Personnel Officer of the City of Norco and is responsible for the implementation and maintenance of the policies set forth in this manual. The City Manager may, however, delegate responsibility for the day-to-day administration of the personnel system to any City Department Head.

4 Section 1.5 Definition of Terms
The following terms, whenever used herein shall be defined as follows:

Administrative Leave: Leave granted as a fringe benefit to Management, Mid-Management, Professional and
Confidential employees in addition to vacation leave; or temporary separation of an employee from the workplace with pay for up to three working days at the discretion of the Department Head, or more than three working days with the approval of the City Manager for the purpose of conducting an investigation.

Advancement: A salary increase of one or more steps within the limits of the salary range established for a class.

Anniversary Date: Shall be the date of hire for continuous service credit; or, the date employee goes from Probationary to Regular for the purpose of merit increases.

Annuitant: A retiree.

Appointing Authority: The City Council shall be the appointing authority for the City Manager. The Personnel Officer shall be the appointing
authority for department heads and all other positions within the City except those directly appointed by the City Council.

At-Will: All positions outside of the competitive service which may be terminated with or without cause, at any time, at the will of the City, in its sole discretion.

City: The City of Norco
City Council: The City Council of the City of Norco.

City Services: All positions in all departments and offices of the City of Norco that are subject to control and regulation by the Appointing Authority of the City.

Class: All positions sufficiently similar in duties, authority, responsibility, and working conditions to permit grouping under a common title and the application of common
standards of selection, transfer, promotion, and salary.

Compensation: The salary, and all other forms of valuable consideration, earned by or paid to any employee by reason of service in any

5 position. This does not include allowances authorized and incurred as incidents to employment.

Competitive Service: All positions of employment in the service of the City except those at-will positions specifically excluded by policy within this Manual.

Conflict of Interest: Any actual, perceived or potential business or personal relationship which creates the reasonable appearance that an employee’s action, inaction or decisions are or may be
influenced by such relationship.

Continuous Service: Full-time employment with the City without break or interruption. Vacation leave, sick leave, use of compensatory time, bereavement leave, reproductive loss leave, maternity leave, jury duty leave, or other leaves of absence shall not be construed as a break or interruption in employment.

Demotion: The movement of an employee from one class to another class having a lower maximum rate of pay.

Department Head: The person who administers the operations of a City department and who is directly responsible to the City
Manager.

Discipline: The punishment of an employee by oral and/or written reprimand, demotion, suspension, reduction of pay,
termination, or any other punitive means.

Employee: A person legally occupying a position in the City service.

Entry Level: The beginning class in any series of classes which require either no experience or experience which cannot be obtained in the City service.

FLSA Exempt Exempt employees are defined as employees who, based Employee: on duties performed and manner of compensation, shall be exempt from the Fair Labor Standards Act (“FLSA”)
minimum wage and overtime provisions.

Exempt employees shall be paid a monthly salary and are expected to fulfill the duties of their positions regardless of the hours worked. Exempt employees are not eligible to
receive overtime compensation or compensatory time off, and are not required to adhere to strict time, record
keeping, and attendance rules for pay purposes, but are

6 required to do so for fund accounting and budgeting
purposes.

FLSA Non-Exempt
Employee: Non-exempt employees are defined as employees who, based on duties performed and manner of compensation,
shall be subject to all FLSA provisions.

Non-exempt employees shall be required to account for time worked on an hourly and fractional hourly basis and are to be compensated for qualified overtime hours at time-and-onehalf of the regular rate of pay.

Full-Time Employee: The work for a full-time appointment is 36 hours per week.

Immediate Family: Shall be defined as any relative by blood or marriage who is a member of the employee’s household, domestic partner, and any parent, grandparent, spouse, child, brother or sister of the employee, or the parent, brother or sister of the employee’s spouse, ex-spouse, or deceased spouse, regardless of
residence or employee’s current marital status.

Local 606 Employees: Local 606 employees are all employees represented by Utility Workers Union of America, Local 606
MOU: Memorandum of Understanding in effect with respect to an employee group.

NGEA Employees: NGEA Employees are all employees represented by the Norco General Employees Association.

Part-Time Employee: The work for a part-time appointment is less than that defined for full-time.

Performance
Evaluation: Shall mean an official, written, periodic assessment of an employee’s execution of his/her duties and responsibilities.

Personnel Officer: The City Manager or his/her duly authorized representative.

Probationary Employee: A probationary employee is an employee who has not completed the probationary period and has no vested rights in their position.

Promotion: The change of an employee from one position to another position, which has a higher salary range.

7 Regular Employee: An employee who has successfully completed his/her probationary period.

Reclassification: A significant change in duties and responsibilities through gradual accretion that results in a change in classification, title and possibly salary within a classification series.

Shall and May: As used in this manual, shall is mandatory and may is permissive.

Temporary
Employee: A temporary employee is a person who has been appointed to a full-time or part-time position of limited duration.

Working Days: Those days of the week that employees are regularly scheduled to work.

Workweek: A workweek for non-exempt employees is generally a fixed period of seven consecutive 24-hour periods. The workweek commences at 12:01 a.m. on Saturday and ends at 12:00
midnight the following Friday.

Y-Rate: When a reclassification results in a lower maximum rate of pay for the incumbent, the incumbent shall be “Y-Rated” at the salary level he/she has earned up to that time. This protects the employee from an actual decrease in salary, although he/she may not receive an increase until such time as the maximum salary rate for the new class exceeds the previously attained rate.

ARTICLE II. RECRUITMENT, SELECTION AND APPOINTMENT
Section 2.1 Purpose
To ensure effective supervision, safety, security, performance, assignments and discipline while maintaining positive morale by avoiding actual or perceived favoritism, discrimination, or other actual or potential conflicts of interest by or between employees of the City.

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

8 Section 2.2 Equal Employment Opportunity
City is committed to providing a professional work environment free from discrimination and harassment, including discrimination and harassment based on a protected characteristic, and an environment free from retaliation for participating in any protected activity covered by this policy.

City is committed to providing equal employment opportunities to all employees and applicants for employment. Accordingly, we have adopted and maintain this antidiscrimination policy designed to encourage professional and respectful behavior and prevent discriminatory and harassing conduct in our workplace. We will implement appropriate corrective action(s), up to and including formal discipline, in response to misconduct – including violations of City’s anti-discrimination policy – even if the violation does not rise to the level of unlawful conduct.

City prohibits discrimination and harassment based on the following characteristics: race and traits associated with race including hair texture and protective hairstyles such as braids, locs, and twists, color, caste, religion, religious creed (including religious dress and religious grooming practices), national origin, ancestry, citizenship, physical or mental disability1, medical condition (including cancer and genetic conditions), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, gender expression, age (40 years and over), sexual orientation, veteran or military status, medical leave or other types of protected leave (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), domestic violence victim status, political affiliation, any combination of those characteristics, any perception that a person has any particular characteristic or characteristics within the listed categories or any combination of those characteristics, any perception that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics, or any combination of characteristics, and any other characteristic protected by state or federal antidiscrimination law covering employment. These categories are defined according to Government Code section 12926.

In addition, City prohibits retaliation against a person who engages in activities protected under this policy. Reporting, or assisting in reporting, suspected violations of this policy and cooperating in investigations or proceedings arising out of a violation of this policy are protected activities under this policy. 1 City recognizes and supports the obligation to reasonably accommodate employees with disabilities or religious beliefs or practices to allow those employees to perform the essential functions of their jobs. See the City’s Reasonable Accommodation Policy. If an employee believes they need a reasonable accommodation based on disability or a religious belief or practice, the employee should discuss the matter with their supervisor or the human resources unit.

9 All City employees are expected to assume responsibility for maintaining a work environment that is free from discrimination, harassment, and retaliation. Employees are encouraged to promptly report conduct that they believe violates this policy so that we have an opportunity to address and resolve any concerns. Managers and supervisors are required to promptly report conduct. Any applicant for employment, employee regardless of rank or title; elected or appointed official, intern, volunteer or contractor who believes they have experienced any form of employment discrimination or abusive conduct are encouraged to report the conduct immediately using the complaint procedures provided in this manual, or by contacting the Equal Employment Opportunity Commission (“EEOC”) or the California Department of Fair Employment and Housing (“DFEH”).

Decisions on employment will be based upon such factors as individual performance, ability, aptitude for the position applied for, experience, training, education, character, personality and physical fitness as the basis for selection and promotion, as they relate to the position.

Section 2.3 General Provisions
Appointments to vacant positions within the City at the entry level shall be based on merit as determined by competitive examinations and/or personal evaluations. All new employees may, depending upon the position applied for, be required to undergo fingerprinting, background check, medical/physical examination and pre-employment drug testing. All employees are required to sign an Oath of Office pursuant to the State of California Constitution.

The City Manager or his/her designated representative shall authorize the recruitment for any vacant position. The Human Resources Division shall coordinate the recruitment and selection procedures with the departments involved. An eligibility list of qualified candidates shall be established and an appointment may be made from among the qualified candidates.

The City shall post all vacant positions internally, whereby employees will be notified of openings within the City. External postings may be conducted on an as needed basis.

For vacancies in positions above entry level, the City will give consideration to promotion from within; however, this is not a guarantee of promotion in the event more qualified persons from outside the City are found eligible for appointment.

Qualifications shall be determined by competitive examination. Eligibility lists shall be established by placing applicants in a certified band based upon the composite scores of all required examinations. Each eligibility list shall consist of not more than six bands, grouped at five percent (5%) increments. The incremental bands are as follow:

Band 1 100% - 96%
Band 2 95% - 91%
Band 3 90% - 86%

10 Band 4 85% - 81%
Band 5 80% - 76%
Band 6 75% - 70%
The City Manager or Department Head requesting to fill a vacant position shall be permitted to select from the top band of eligible candidates until that group has been reduced to three candidates or less. The City Manager/Department Head can then use the last three candidates in that band and the next band of eligible candidates to make his/her selection.

Eligibility lists shall be valid for a minimum of six months, with the option of being extended upon approval of the City Manager.

In cases of appointments and promotions where time is a factor the City Manager may make or approve a temporary appointment to a position for a period not to exceed six months or until an eligibility list is established.

The City may also establish programs – including internship and trainee programs – designed to attract and utilize persons with minimal qualifications, but with potential for development. Such programs may provide for full-time appointment upon satisfactory completion of the internship/training period without further examination, for entry-level positions only.

The minimum salary to be received by a person promoted from within the City shall be at least five percent higher than that salary he/she is promoted from, but shall not exceed the top step of the new range.

Section 2.4 Nepotism/Fraternization/Conflicting Relationships Employment of relatives in City positions is prohibited where (1) an employee would exercise a supervisory or evaluative role in relation to a relative; or (2) an employee is in a position to exert direct influence on the hiring, promotion, or performance evaluation of a relative; (3) where potential problems of safety, security or morale exist, or (4) where there is an actual or potential conflict of interest.

For this section, relatives include parent, parent-in-Law, grandparent, child, grandchild, spouse, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, legal guardian, or any other in-laws and step relationships of those enumerated by marriage or domestic partnership. “Spouse” includes domestic partners, as defined by California Law, and persons who cohabit without benefit of a legal marriage contract.

Where two relatives are working in the same department at the time of the adoption of this Section, the employees may continue in their positions so long as their mutual employment causes the City no loss of funds, time or productivity.

11 Romantic relationships between supervisors and subordinate employees are prohibited.

When two employees of the City become married so as to create a situation in which potential conflicts may arise through, for example, the performance of joint duties, sharing responsibility or authority, reporting to the same immediate supervisor, or supervising one another, then every attempt will be made to transfer one employee to a position where no such potential conflict exists. In the event such a transfer is not feasible; the employees shall be given the opportunity to make the decision as to which one shall resign. In the event that neither employee resigns, the least senior employee shall be terminated.

Prior to entering into, or after discovering the existence of, any personal or business relationship or other circumstances which the employee knows or reasonably should know could create a conflict of interest or other violation of this policy, the employee shall promptly notify, in writing, his/her next highest level of supervisor who is uninvolved.

Section 2.5 Probation
Newly appointed, reinstated and promoted employees , in the competitive service, shall be subject to a period of probation which shall be not less than 365 calendar days and may be extended for not more than six months by the Personnel Officer. If extension occurs, the probationary employee shall be given a notice in writing, from his/her Department Head, prior to the expiration of the original probationary period.

Vacation and Sick leave are accrued during the probationary period. Vacation leave may not be used until after six months of employment. Sick leave may be used beginning the 90th day of employment.

Probationary employees are at-will employees with no vested property rights in their positions and may be terminated at any time, without cause, and without right of appeal. Employees previously employed by the City and on probation in promotional positions may be demoted to their previous positions without the right of appeal but may not be dismissed from the department without the right of a hearing as described under the section entitled “Disciplinary Action.”
All original and promotional appointments in the competitive service shall be tentative and subject to a probationary period of actual and continuous service. Periods of time on paid or unpaid leave exceeding five working days (consecutive or not) shall automatically extend the probationary period by that number of days.

MANAGEMENT EMPLOYEES: Management employees outside the competitive service serve at the pleasure of the appointing authority and are at will employees and are always on probation.

12 Vacation and Sick leave are accrued during the probationary period. Vacation leave may not be used until after six months of employment. Sick leave may be used beginning the 90th day of employment.

Probationary employees are at-will employees with no vested property rights in their jobs and may be terminated at any time, without cause, and without right of appeal.

Employees previously employed by the City and on probation in promotional positions may be demoted to their previous positions without the right of appeal, but may not be dismissed from the department without the right of a hearing as described under the section entitled “Disciplinary Action.”
Periods of time on paid or unpaid leave exceeding five working days (consecutive or not) shall automatically extend the probationary period by that number of days.

ALL PROBATIONARY EMPLOYEES: The work and conduct of probationary employees shall be subject to review and evaluation and, if found to be below acceptable standards, the probationary employee may be dismissed by the Department Head. Such dismissals while an employee is on probation shall not be subject to further review or appeal.

An employee shall gain the status of a regular employee with the written approval of his/her Department Head and with the agreement of the City Manager after completion of the probationary period.

If probation ends without an evaluation the employee shall automatically gain the status of a regular employee.

ARTICLE III. CLASSIFICATION, COMPENSATION AND HOURS
Each full-time position within the City shall be allocated to its appropriate class on the basis of the duties and responsibilities that are assigned to the position so that the same qualifications may be reasonably required for, and the same schedule of pay may be equitably applied to, all positions in the same class.

The official classification plan for the City is adopted by the City Council through the adoption of the official City budget.

Positions may, from time to time, be reclassified on the basis of changes in or a reevaluation of the duties and responsibilities of the positions.

Section 3.1 Merit Advancement
Salary ranges assigned to classified positions normally contain ten steps2. Employees move through these steps on the basis of individual continued meritorious and efficient service as measured by a performance evaluation of satisfactory or better. Regular, fulltime employees shall be eligible for consideration of merit pay increases, as follows:
2 Employees on City’s previous five-step merit advancement program should refer all questions to Human Resources.

13 1. To the “2” step of the salary schedule after completion of one year at the “1” step.**

2. To the “3” step after completion of the year at the “2” step.

3. To the “4” step after completion of the year at the “3” step.

4. To the “5” step after completion of the year at the “4” step.

Employees will continue through the City’s 10 steps upon completion of one year at the prior step until they reach Step 10.
** The date of this increase shall become the employee’s anniversary date for the purpose of future merit increases. (See Anniversary Date) Employees who have received internal promotions shall be eligible for a step increase upon successful completion of the one year probationary period.

In cases where an employee demonstrates exceptional ability and proficiency in performance, he/she may be given more than one step increase – subject to the approval of the City Manager.

Merit pay increases are granted for continued meritorious and efficient service as measured by a performance evaluation of satisfactory or better only. All pay increases are administered in conjunction with personnel evaluation procedures.

Recommendations are initiated by the immediate supervisors and are then forwarded to the Department Head for approval. These, in turn, shall be transmitted to the City Manager for final approval. Approved merit increases will be effective on the anniversary date.

When an employee is denied a merit pay increase, he/she shall be informed of such denial and the reasons therefore. Denial of a merit increase is not grounds for appeal or the filing of a grievance. The employee may be reconsidered for advancement at any subsequent time.

Section 3.2 Hours of Work
The standard workday shall be nine hours and the standard workweek shall be 36 hours. From time to time, the Department Heads or the City Manager may designate other working hours and days.

Section 3.3 Overtime
A. General
As a matter of general policy, the City is opposed to the working of overtime by employees and will provide adequate staff to handle normal operations. However, non-exempt employees may be required to work overtime at the discretion of the

14 supervisor.

Overtime shall be defined as work performed in addition to the basic 36-hour week.

The overtime policy of the City shall be as follows:

The City will compensate employees for overtime worked in excess of the regular 36- hour week at the rates defined in the Memorandum of Understanding. Except during emergency situations, all overtime must be approved in writing by the employee’s supervisor prior to being worked.

The scheduled workweek for an employee may or may not be a traditional Monday through Friday workweek.

The regular 36-hour workweek is considered to be 36 hours of actual work that will include holidays, sick leave, vacation and compensated time off.

B. Standby
NGEA and Local 606 employees should refer to their MOU for information regarding Standby duties and obligations.

C. Call-Out
Employees will be compensated for a minimum of two hours when performing call out work.

D. Compensatory Time
NGEA and Local 606 employees should refer to their MOU.

In lieu of overtime pay, employees may be granted compensatory time, if requested by the employee and approved in advance in writing by the employee’s Supervisor or his/her designee.

Requests by an employee for the use of accrued compensatory time off shall be subject to the convenience of the City to the extent authorized by law. An employee may choose to be paid out accrued compensatory time at any time by designating payment request on their timesheet. Employees shall refer to their MOU for further details.

Employees leaving City service with accrued compensatory time off shall be paid for the amount of accrued compensatory time to the date of termination and paid at the employee’s current rate of pay.

Section 3.4 Pay Period/Pay Day
The pay period for all employees shall be biweekly and the payday shall be every

15 other Thursday. If a payday falls on a holiday, payday will (if possible) be moved up to the first working day preceding the holiday.

Section 3.5 Acting Pay
If an employee will temporarily fill a position of a higher classification beyond a period of 10 consecutive work days, or fills a position of a higher classification for an interim period during a vacancy, that employee shall be compensated one step or at a rate 5% higher than his/her current salary if his/her current position is in a range that overlaps the range of the higher classification being filled. The employee shall be compensated two steps or at a rate 10% higher than his/her current salary, if the position being temporarily filled is beyond subject employees pay range.

Eligibility for acting pay may be determined by the Department Head and approved by the City Manager.

Section 3.6 Continuous Service Bonus
NGEA and Local 606 employees should refer to their MOU.

In recognition of years of service full-time employees shall receive a Continuous Service Bonus on the anniversary of their hire date as follows:
• Five-year anniversary $100
• Ten-year anniversary $300
• Fifteen-year anniversary $500
• Twenty-year anniversary $700
• Twenty-five year anniversary $1,000
• Thirty-year anniversary $1,250
ARTICLE IV. PERFORMANCE EVALUATION
Section 4.1 General Provisions
Performance evaluation is the process of evaluating and recording the performance of each employee. The evaluation should be based upon results shown by the employee in carrying out assigned duties and responsibilities and should be used to help the employee to be aware of and improve his/her performance.

The performance evaluation is best used:

1. To maintain a high level of efficiency or assist in raising efficiency by commending the employee.

2. To inform the employee of good performance, this may, in turn, lead to promotion and higher pay.

16 3. To indicate to the employee those areas which show areas for improved performance, and suggest the proper means of raising work performance to an acceptable level.

4. To encourage better working relationships and mutual understanding by letting the employee know where he/she stands in relation to his/her supervisor’s evaluation.

Section 4.2 Procedure
The Department Head, together with other supervisors familiar with the work of the employee, is responsible for proper preparation of the performance evaluation for each employee in his/her department. The supervisor should carefully consider each item on the evaluation sheet separately and select the box that best describes the work of the employee in each category.

Performance evaluation forms will be originated by the Human Resources Division and shall be completed in the following order:

1. The supervisor shall complete the Performance Evaluation.

2. The Department Head shall review, comment on, and sign the Evaluation.

3. Steps 1 and 2 must be completed before the Evaluation is reviewed with the employee.

4. Performance Evaluation shall be reviewed with the employee, and signed by the supervisor.

5. After the employee has signed his/her performance evaluation no changes can be made to the performance evaluation. The Evaluation will then be forwarded to the Human Resources Division.

6. The Human Resources Division shall submit the performance evaluation to the City Manager, for his/her review.

7. The City Manager signs and may opt to make comments. City Manager returns signed performance evaluation to the Human Resources Division.

8. Upon return to the Human Resources Division from the City Manager, the Human Resources Division, Human Resources shall scan and provide a copy to the employee and direct supervisor.

9. Original, signed performance evaluation shall be filed in the employee’s personnel file.

Performance evaluations for probationary employees are to be prepared prior to the end of the probationary period. All City employees shall be evaluated at least once

17 a year, on their anniversary date, which shall be the date the employee satisfactorily completed probation.

These evaluation standards are minimum standards and evaluations may be required more frequently – depending upon the requirements of individual departments.

Detailed evaluation procedures shall also be subject to department rules and regulations. Upon such evaluation, a completely prepared report form is to be given to the employee with comments to aid the employee in understanding the evaluation.

Interim reports may be completed as necessary when changes in work performance occur.

The performance evaluation should be discussed with the employee to acquaint him/her with those points on which their performance is worthy of commendation, as well as with those points in which he/she needs improvement. During the interview, as well as on the form, special attention should be given to discussing specific ways in which the employee can improve his/her performance.

A copy of the performance evaluation is given to the rated employee. The employee shall sign the evaluation to acknowledge its contents and that they have met with their supervisor to discuss the evaluation. The signature of the employee shall not necessarily mean he/she fully endorses the content of the performance evaluation. An employee may file a written response to a performance evaluation, regardless of the overall rating. The performance evaluation shall not be subject to any grievance procedure.

ARTICLE V. BENEFITS
Section 5.1 Anniversary Date for Benefits
Anniversary dates for benefits for the purpose of accruing fringe benefits shall be computed in the following manner:

1. Employees shall start accruing vacation and sick leave from their date of hire.

2. The City of Norco contracts with PERS for health benefits. PERS Health Benefits will begin the first of month following the date of hire in accordance with PERS Rules. Dental, Vision and Life Insurance will also begin first of month following the date of hire. NGEA and Local 606 employees should refer to their MOU for information regarding City’s contribution to health benefits.

3. This procedure will in no way have any effect upon the anniversary date for completion of probation, merit increase or evaluation.

4. Pension benefits will be computed based upon PERS Rules.

18 Section 5.2 Retirement
NGEA and Local 606 employees should refer to their MOU.

The City of Norco is a member of the Public Employees Retirement System (PERS).

Under this system all full-time employees of the City are required to become members of PERS.

1. Employees hired on or prior to December 31, 2012 and new hires who are “Classic” Members, the City has a contract with CalPERS to provide employees with the 2.7% at 55 Full Formula (Section 21354.5).

Other benefits in the CalPERS agreement include:
a. Section 20965: Credit for Unused Sick Leave. Unused accumulated sick leave at time of retirement may be converted to additional service credit at the rate of 0.004 year of service credit for each day of unused sick leave.
b. Section 21574: Fourth Level 1959 Survivors Benefits. This benefit provides a higher level of 1959 Survivor Benefits to survivors of a member who dies prior to retirement.
c. Three-year final compensation (36 highest paid consecutive months).

2. Employees hired on or prior to October 31, 2010: Effective July 1, 2015, the City has agreed to pay 100% of the employer and 2% of the employee’s contribution rates toward retirement through the CalPERS Retirement System and employees will pay 6% of the employee’s contribution rates. Effective July 1, 2016 the City will pay 100% of the employer and 0% of the employee’s contribution rates and employees will pay 8% of the employee’s contribution rates toward retirement through the CalPERS Retirement System.

3. Employees hired on or after November 1, 2010 and through December 31, 2012: The City has agreed to pay 100% of the employer contribution rates toward retirement and the employee will pay 8% of the employee contribution rates toward retirement through the CalPERS Retirement System.

4. Employees hired on/after January 1, 2013: the new retirement formula for miscellaneous employees is 2% at 62, with a maximum benefit of 2.5% at 67.

5. Employees must contribute at least 50% of the normal cost rate for the defined benefit plan, rounded to the nearest quarter percent, currently 6.25%.

6. Employer may not pay any of the employee share of pension cost.

Any unused accumulated sick leave can be converted to additional service credit after employees retire to increase their PERS retirement allowance. To receive this benefit, retirement must occur within four months of separation from employment.

19 If an employee should leave employment with the City and no longer be eligible for membership in the system, the money contributed by the employee will be returned according to PERS rules. It may, however, be left on deposit in the system at interest, if an employee has five or more years of credited service.

Section 5.3 Change of Status
Any change of name, address, phone number or dependent status (relating to W-4s or benefits) must be reported to the Human Resources Division within five working days.

Section 5.4 Use of City Equipment Prohibited
No City-owned equipment, autos, trucks, instruments, tools, supplies, machines, or any other item which is the property of the City shall be used by an employee while said employee is engaged in any outside employment or activity, for compensation or otherwise. No employee shall allow any unauthorized person to rent, borrow, or use any of the above listed items.

City vehicles shall only be used on City business and shall only be operated by City employees. Personal use, other than de minimis use (directly from home to work or back to home), is expressly prohibited.

Except under those conditions specified below all City vehicles shall be stored on City property during non-working hours.

1. STANDBY, EMERGENCY VEHICLES: It is recognized that certain employees must have access to City vehicles during non-working hours for emergency response related to fire, water service, animal control, public buildings, etc.

Therefore, all Department Heads shall review the responsibilities of their personnel to determine which vehicles shall be taken home during non-working hours and over weekends. Department Heads shall maintain a list of those vehicles required to be taken home.

2. STAFF VEHICLES: It is hereby determined certain staff vehicles may be taken home by Department Heads or other employees as authorized by the City Manager.

The City shall include an appropriate amount (as specified in U.S. Treasury Regulation) covering the value of the commuting use in the gross income (W-2) of the employee.

20 ARTICLE VI. LEAVES
Section 6.1 Holidays
NGEA and Local 606 employees should refer to their MOU.

All full-time employees of the City shall receive the following days off as paid holiday leave each year:

New Year’s Day
Martin Luther King Day
President’s Day
Memorial Day (fourth Monday in May)
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Christmas Eve Day
Christmas Day
Birthday (The birthday holiday must be taken within the pay period of the employee's birthday.)
Three Floating Holidays (Use or lose by June 30th each year).

New hires' floating holidays will be pro-rated. If hired between July 1 - October 31 new hires will accrue three (3) floating holidays, if hired between November 1 - February 28 new hires will accrue two (2) floating holidays, if hired between March 1 - June 30 new hires will accrue one (1) floating holiday. New hires are not required to complete probation to use accrued floating holiday(s). Days off must have prior approval by immediate supervisor. All floating holidays must be used or will be lost by June 30 each year.

In the event when any holiday falls on a Friday or Saturday the Thursday preceding shall be observed as the holiday, or if the holiday falls on a Sunday, the Monday following shall be observed as the holiday.

The City shall pay nine (9) hours for each holiday.

Part-time, temporary, provisional, per diem, seasonal and emergency employees are not entitled to paid holidays.

Except as otherwise set forth in an MOU, During the period of Christmas Eve through New Year's Day, the City offices will be closed. Employees may utilize accrued vacation or compensatory time off in addition to the holidays, in order to receive full pay during the holiday closure.

21 Section 6.2 Compensatory Time Leave Usage
NGEA and Local 606 employees should refer to their MOU.

In the case of accumulated time off for overtime previously worked during the regular pay period, the Department Heads and Supervisors shall retain the prerogative of structuring duty hours and days off. While the needs of the employee in structuring overtime will be taken into account as much as possible, the employee will not be permitted to use compensatory time leave if such usage would be disruptive to City’s normal operations.

Section 6.3 Vacation
NGEA and Local 606 employees should refer to their MOU.

Management, Mid-Management, Professional and Confidential employees should refer to the most current benefit resolution for vacation accrual rates.

All employees may contact the Human Resources Manager with questions regarding vacation accrual rates.

Vacations may be taken only after six months of continuous service. The time at which an employee may use his/her vacation leave shall be determined by his/her Department Head with particular regard for the needs of the City, but also, insofar as possible, considering the wishes of the employee. The Department Heads shall determine priority for vacation time off according to the best interests of the department.

If a holiday recognized by the City falls within the vacation period it shall not be counted as a day of vacation.

Employees may not work during their vacation and receive double compensation for their work. Employees working during vacation should properly report hours worked and will receive regular compensation for work time.

Employees leaving City service with accrued vacation leave shall be paid the amount of accrued vacation to the date of termination. Payments for accrued vacation shall be at the employee’s current rate of pay.
, provisional, per diem, seasonal and emergency employees are not entitled to paid vacation.

Section 6.4 Administrative Leave
Management employees shall be allowed 56 hours per year to be used at the discretion of the employee following approval of the City Manager. The provision for Administrative

22 Leave will not be accumulative, and any remaining balance shall expire at 2400 hours each June 30.

Mid-Management, Professional and Confidential employees shall be allowed 48 hours per year to be used at the discretion of the employee following approval of his/her Department Head. The provision for Administrative Leave will not be accumulative, and any remaining balance shall expire at 2400 hours each June 30.

Administrative Leave is leave granted as a fringe benefit to Management, Confidential, Professional and Mid-Management employees.

Newly hired or newly promoted employees to Management, Mid-Management, Professional and Confidential positions will receive a prorated amount of Administrative Leave for the year in which they were hired or promoted.

Section 6.5 Sick Leave
NGEA and Local 606 employees should refer to their MOU.

Full-time Management, Mid-Management, Professional, and Confidential employees shall accrue annual sick leave at the rate of 8.1 hours per month. Sick leave accrual shall begin on the employee’s date of hire. Sick leave accrues indefinitely.

A part-time, temporary, provisional, per diem, seasonal or emergency employee who works 30 or more days within a year from the commencement of employment with the City accrues one hour of paid sick leave for every 30 hours. Accrued and unused sick leave carries over to the following year of employment but a part-time, temporary, provisional, per diem, seasonal and emergency employee stops earning sick leave once they have accrued 80 hours or ten (10) work days/shifts, whichever is greater.

Part-time, temporary, provisional, per diem, seasonal or emergency employees who qualify for paid sick leave accrual may only use 40 hours or five days of paid sick leave per year.

Employees may use accrued sick leave beginning on the 90th day after the first day of employment with the City, subject to the limitations and request provisions in this policy.

An employee may use accrued paid sick leave for the following purposes:

A. Diagnosis, care or treatment of an existing health condition of, or preventative care for the employee themselves or any of the following members of the employee: a child of any age or dependency status; a parent; a parent-in-law; a spouse; a registered domestic partner; a grandparent; grandchildren; a sibling; or a designated person (“designated person” is a person identified by the employee at the time the employee requests paid sick days. For purposes of this sick leave policy, an employee is limited to one “designated person” per calendar year.)

23 B. For an employee who is a victim of a qualifying act of violence , or other crime in order for the employee to engage in any of the following activities:
seek or obtain civil or criminal legal services; prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding; or obtain a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their Family Member; obtain medical attention or psychological counseling; obtain services from a shelter, program or crisis center; relocate or engage in the process of securing a new residence, including temporary or permanent housing or enrolling children in a new school; provide care to a family member who is recovering from injuries; seek, obtain, or provide childcare or care to a care-dependent adult if necessary to ensure the safety of the child or dependent adult; or participate in safety planning or other actions to increase safety, if the employee provides advance notice of the need for leave.

To request to use sick leave if the need for leave is foreseeable, an employee must give his/her immediate supervisor reasonable advance written notice or oral notice. If the need for sick leave is not foreseeable, the employee shall provide written or oral notice of the need for the leave as soon as practicable. In addition, if the employee is absent on sick leave for more than one day, the employee shall keep the supervisor informed each day as to the date the employee expects to return to work the purpose of the leave. Failure to request sick leave as required by this policy without good reason, may result in the employee being treated as absent without leave.

Employees must provide a physician certification to support any absence that involves the illness of the employee or family member if the City suspects that there is an abuse of sick leave by the employee. NGEA and Local 606 employees should refer to their MOU.

Employees who are part-time, temporary, provisional, per diem, seasonal or emergency employees cannot cash out unused sick leave upon termination, resignation, retirement or other separation of employment. If an employee separates and is rehired within one year from separation, accrued and unused sick leave, to a maximum of ten (10) days or 80 hours, whichever is greater, will be reinstated. An employee who worked at least 90 days in the initial employment with the City may immediately use reinstated sick leave. An employee who had not worked 90 days in the initial employment with the City must work the remaining amount of the 90 dayqualifying period to be able to use accrued sick leave.

Eligible employees may accrue sick leave indefinitely or may choose to cash-out accrued sick leave. If selected, the City shall pay to each eligible employee on the payroll immediately following December 1 of each year 40% of his or her unused sick leave for the previous 12 months with the time paid to be deducted from the employee’s total sick leave accumulation. In order to be eligible to cash-out accrued sick leave, an employee must have been with the City for one year and successfully

24 completed his/her probationary period as of December 1 of each year and cannot be a part-time, temporary, provisional, per diem, seasonal or emergency employee.

Management, Mid-Management, Professional and Confidential personnel who have completed five (5) years of service shall be paid fifty (50%) percent of any sick leave accumulation at time of death, retirement or separation from the City up to a maximum of 90 days.

Local 606 and NGEA employees should refer to their MOU for information regarding sick leave buy back upon separation.

Section 6.6 Family Care and Medical Leave Policy
INTRODUCTION:

To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for eligible employees as required by state and federal law. The following provisions set forth certain rights and obligations with respect to such leave. Rights and obligations not specifically set forth below are set forth in the Department of Labor regulations of the California Family Rights Act (“CFRA”) and the Family and Medical Leave Act (“FMLA”). Unless otherwise provided in this policy, “Leave” under this article shall mean leave pursuant to the FMLA and CFRA. Unless otherwise prohibited by local, state or federal law, the City will run each employee’s FMLA and CFRA leaves concurrently.

DEFINITIONS:
“12-Month Period” means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. “Child”

1. Under the FMLA “child” means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability.

2. Under the CFRA, “child” means a child, including a child who is 18 years of age or older who is capable of self-care. An employee’s child means a biological, adopted, foster, step-child, legal ward, a child of a domestic partner, or a person whom the employee stands in loco parentis. “Designated Person” means someone other than the employee’s spouse, parent, child, registered domestic partner, grandparent, grandchild, sibling or parentin-law, with a blood or family-like relationship to the employee. An employee may

25 identify this individual at the time they request leave. For purposes of CFRA leave, employees are limited to one designated person per 12-month period. “Parent” means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.
“Spouse” means two people legally married as recognized under California law.

California does not recognize common law marriages except when such marriages are contracted in a state that does recognize common law marriages, and the specific marriage is recognized as a legal marriage in that state. Spouses, including those in same-sex marriages, will receive benefits under FMLA and CFRA, and for purpose of CFRA leave, includes a registered domestic partner as defined below. “Domestic Partner” is another adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Code section 297. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient. “Family Member” for FMLA leave means an employee’s child, parent, and spouse. “Family member” for CFRA leave means an employee’s child, parent, parentin-law, spouse, domestic partner, grandchild, grandparent, and sibling. “Grandparent” means a parent of the employee’s parent.
“Grandchild” means a child of the employee’s child.
“Pregnancy or Prenatal Care” means any period of incapacity due to pregnancy or for prenatal care.
“Sibling” means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent.
“Serious health condition” means an illness, injury impairment, or physical or mental condition that involves:

1. Inpatient Care (i.e. an overnight stay) in a hospital, hospice, or residential medical facility, including any period of incapacity (i.e. inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom); or

26 2. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
a. Incapacity and Treatment. A period of incapacity
(i.e. inability to work, or perform other regular daily activities due to serious health condition of more than three (3) consecutive calendar days, and may subsequent treatment or period of incapacity relating to the same condition, that also involves:
i. Treatment two (2) or more times by a health care
provider within 30 calendar days of the first day of
incapacity, unless extenuating circumstances exist, by a health care provider, by a nurse, or by a provider of
health care services (e.g., a physical therapist under
orders of, or on referral by, a health care provider). The first in-person treatment visit must take place within
seven calendar days of the first day of incapacity; or
ii. Treatment by a health care provider on at least one (1) occasion which must take place within seven (7)
calendar days of the first day of incapacity and results in a regimen of continuing treatment under the supervision of the health care provider. This includes, for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health
condition. If the medication is over the counter and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.
b. Pregnancy and Prenatal Care. Any period of
incapacity due to pregnancy or for prenatal care. (This entitles the employee to FMLA leave, but not CFRA leave. Under California law an employee disabled by pregnancy is entitled to pregnancy disability leave.)
c. Chronic Conditions. Any period of incapacity or
treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
i. Requires periodic visits (at least two times during the leave year) for treatment by a health care provider,
or by a nurse or physician’s assistant under direct
supervision of a health care provider;

27 ii. Continues over an extended period of time
(including recurring episodes of a single underlying
condition); and
iii. May cause episodic rather than a continuing period of incapacity (e.g. asthma, diabetes, epilepsy, etc.).

Absences for such incapacity qualify for leave if the
absence lasts only one day.
a. Permanent or Long-Term Conditions. A period of
incapacity which is permanent or long term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider (e.g.

Alzheimer’s, a severe stroke or the terminal stages of a disease). e. Conditions Requiring Multiple Treatments. Any
period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment. “Health Care Provider” means any of the following:

1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California;

2. Individuals duly licensed as physician, surgeon, or osteopathic physician or surgeon in another state of jurisdiction, including another country, who directly treat or supervises treatment of a serious health condition;

3. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as
demonstrated by X-ray to exist) authorized to practice as defined under California State law;

4. Nurse practitioners and nurse-midwives and clinical social workers who are authorized to practice under California State law

28 and who are performing within the scope of their practice as defined under California State law;

5. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and

6. Any health care provider from whom an employer or group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits. “Intermittent Leave” means leave taken in separate periods of time due to a single illness or injury, rather than for one (1) continuous period of time and may include leave of periods from an hour or more to several weeks. “Reduced Leave Schedule” means a leave schedule that reduces an employee’s usual number of working hours per work week, or hours per work day resulting in a change in the eligible employee’s schedule for a period of time, normally from full-time to part-time.
“Covered Active Duty” or “Active Duty Status” means: (1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or (2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign country under a Federal call or order to active duty in support of a contingency operation pursuant to applicable provisions of the United States Code.
“Covered Veteran” means an individual who was a member of the Armed Forces (including a member of the National Guard or Reserves) and was discharged or released under conditions other than dishonorable at any time during the five year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran. The covered veteran is undergoing medical treatment, recuperation or therapy for a serious injury or illness.
“Covered Service Member” means: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. “Outpatient Status” means with respect to a covered service member, the status of a member of the United States Armed Forces assigned to either: (1) a military

29 medical treatment facility as an inpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.
“Next of Kin of a Covered Service Member” means the nearest blood relative other than the covered service member’s spouse, parent, son or daughter, in the following order of priority: Blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, siblings, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as their nearest blood relative for purposes of military caregiver leave under the FMLA. “Serious Injury or Illness” means:

For Current Members of the Armed Forces Including a Member of the National Guard or Reserves. An injury or illness that was incurred by the covered service member in the line of duty in the Armed Forces or that existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces and that may render the service member medical unfit to perform the duties of the member’s office, grade, rank or rating.

For a Covered Veteran. An injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and manifested itself before or after the member became a veteran and is:

1. A continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the service member unable to perform the duties of the service member’s office, grade, rank or rating; or

2. A physical or mental condition for which the covered veteran has received a U.S. Department of Veterans Affairs Service-Related Disability Rating (VASRD) of 50% or greater and such VASRD rating is based, in whole or in part, on the condition precipitating the need for military caregiver leave; or

3. A physical or mental condition that substantially impairs the covered veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service, or would do so absent treatment; or

4. An injury, including a psychological injury on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

30 PROCEDURE FOR FAMILY CARE AND MEDICAL LEAVE:

Reasons for Leave: Leave is only permitted for the following reasons:

1. The birth of a child or to care for a newborn of an employee.

2. The placement of a child with an employee in connection with the adoption or foster care of a child.

3. Leave to care for a child, parent, spouse, or domestic partner who has a serious health condition.

4. Under the CFRA only, leave is permitted to care for a domestic partner, grandparent, grandchild, parent-in-law, sibling, or any Designated Person, who has a serious health condition. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA.

5. Leave because of a serious health condition that makes the employee unable to perform one or more of the essential functions of their position.

6. Leave for a “qualifying exigency” may be taken arising out of the fact that an employee’s spouse, son, daughter, or parent is on active military duty or call to active duty status in the National Guard or Reserves or in support of a contingency operation involving the United States Armed Forces (under the FMLA only, not the CFRA); or

7. Leave for a “qualifying exigency” may be taken to care for a service member’s parent who is incapable of self-care when the care is necessitated by the member’s covered active duty.Such care may include arranging for alternative care, providing care on an immediate basis, admitting or transferring the parent to a care facility or attending meetings with staff at a care facility; or

8. Military caregiver leave is to care for a covered service member who has a serious injury or illness incurred in the line of duty while on active military duty (this leave can run up to 26 workweeks of unpaid leave during a single 12-month period) (under the FMLA only, not the CFRA). In order to care for a covered service member, an eligible employee must be the spouse, child, parent or next of kin of a covered service member.

EMPLOYEES ELIGIBLE FOR LEAVE:

An employee is eligible for leave if the employee has been employed for at least 12 months and has been employed for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.

The 12 months an employee must have been employed need not be consecutive months provided that employment periods prior to a break in service of 7 years or more need not be counted in determining the 12 months of employment and employment periods preceding a break in service of more than 7 years must be counted in determining 12 months of employments if the break in service is

31 occasioned by the fulfillment of USERRA covered service obligation. The period of absence from work due to or necessitated by USERRA covered service must be counted in determining the 12 months of employment.

AMOUNT OF LEAVE:

Eligible employees are entitled to a total of 12 workweeks (or 26 weeks to care for a covered service member) of leave during any 12-month period. If FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first.

MINIMUM DURATION OF LEAVE:

If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g. bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions.

If leave is requested to care for a child, parent, spouse, domestic partner, grandparent, grandchild, sibling or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with.

PARENTS BOTH EMPLOYED BY CITY:

If both parents of a child, adoptee, or foster child are employed by the City and are entitled to bonding leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12-month period and each married parent is entitled to take 12 workweeks of CFRA during any 12-month period.

If both parents of a covered service member are employed by the City and are entitled to leave to care for a covered service member, the aggregate number of workweeks of leave to which both may be entitled is limited to 26 workweeks during the 12-month period. This limitation does not apply to any other type of leave under this policy.

EMPLOYEE BENEFITS WHILE ON LEAVE:

Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City’s group health insurance for up to 12 weeks each leave year to the same extent that coverage is provided while the employee is on the job. If the employee is disabled by pregnancy, coverage will continue up to four months each leave year. If an employee disabled by pregnancy also uses leave under the CFRA for baby-bonding, the City will maintain her coverage while she is disabled by pregnancy (up to four months or 17 1/3 weeks) and during her CFRA leave (up to 12 weeks).

32 If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee leave, or because of circumstances beyond the employee’s control.

SUBSTITUTION OF PAID ACCRUED LEAVES:

While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves and the City will require an employee to concurrently use paid accrued leaves during FMLA and/or CFRA leave. The City may also require an employee to use Family and Medical Care Leave concurrently with a non-FMLA/CFRA leave which is FMLA/CFRA –qualifying.

EMPLOYEE’S RIGHT TO USE PAID ACCRUED LEAVES CONCURRENTLY WITH FAMILY LEAVE: Where an employee has earned or accrued paid vacation, administrative leave, compensatory time, or personal or family leave (in accordance with the City of Norco Personnel Manual and California Labor Code, Section 233), that paid leave may be substituted for all or part of any (otherwise) unpaid leave under this policy.

As for sick leave, an employee is entitled to use sick leave concurrently with leave under this policy if:

A. The leave is for the employee’s own serious health condition; or B. The leave is needed to care for a parent, spouse, domestic partner, child, grandparent, grandchild, sibling, or designated person with a serious health condition.

CITY’S RIGHT TO REQUIRE AN EMPLOYEE TO USE PAID LEAVE WHEN USING FMLA/CFRA LEAVE:

Employees must use and exhaust their accrued leaves concurrently with FMLA/CFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA leave with two exceptions:

Employees are not required to use paid leave during leave pursuant to Paid Family Leave Program, or any disability plan that pays a portion of the employee’s salary while on leave unless the employee agrees to use paid leave to cover the unpaid portion of the disability leave benefit; and
Employees must agree to use sick leave concurrently with FMLA/CFRA leave if the leave is for the employee’s own serious health condition.

33 CITY’S RIGHT TO REQUIRE AN EMPLOYEE TO EXHAUST FMLA/CFRA LEAVE CONCURRENTLY WITH OTHER LEAVES:

If an employee takes a leave of absence for any reason which is FMLA/CFRA qualifying, the City of Norco will designate that leave as running concurrently with the employee’s 12-week FMLA/CFRA leave entitlement.

CITY’S AND EMPLOYEE’S RIGHTS IF AN EMPLOYEE REQUESTS ACCRUED LEAVE WITHOUT MENTIONING EITHER THE FMLA OR CFRA:

If an employee requests to use accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA-qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose. However, if the City denies the employee’s request and the employee provides information that the time off is for a FMLA/CFRA-qualifying purpose, the City may inquire further into the reason for the absence. If the reason is FMLA/CFRA qualifying, the City of Norco may require the employee to exhaust accrued leave as described above.

MEDICAL CERTIFICATION:

A. Employees who request leave must provide a medical certification and/or recertification to support the need for the leave as described below:
i. Employee’s Own Serious Health Condition: Employees who request leave for their own serious health condition must provide written certification from the health care provider that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; and a statement that, due to the serious health condition, the employee is unable to work at all or is unable to perform any one or more of the essential functions of their position. Upon expiration of the time period the health care provider originally estimated that the employee needed for their own serious health condition, the employee must obtain recertification if additional leave is requested.
ii. Family Member Serious Health Condition: Employees who request leave to care for a child, parent, domestic partner, spouse, grandparent, grandchild, sibling or designated person who has serious health condition must provide written certification from the health care provider of the family member requiring care that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; an estimate of the amount of time which the health care provider believes the employee needs to care for the child, parent, domestic

34 partner, spouse, grandparent, grandchild, sibling or designated person and a statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the child, parent, domestic partner, spouse, grandparent, grandchild, sibling or designated person. The term “warrants the participation of the employee” includes, but is not limited to, providing psychological comfort, and arranging third party care for the covered family member, as well as directly providing, or participating in, the medical care. Upon expiration of the time period the health care provider originally estimated that the employee needed to care for a covered family member, the employer must obtain recertification if additional leave is requested. iii. Service member Serious Injury or Illness: Employees who request FMLA leave to care for a covered service member who is a child, spouse, parent or “next of kin” of the employee, must provide written certification from a health care provider regarding the injured service member’s serious injury or illness. The City will verify the certification only to the extent permitted by FMLA regulations and current case law. iv. Qualifying Exigency: The first time an employee requests leave because of a qualifying exigency, an employee may require the employee to provide a copy of the military member’s active duty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to active duty status in a foreign country, and the dates of the military member’s active duty service. A copy of the new active duty orders or similar documentation shall be provided to the City if the need for leave because of a qualifying exigency arises out of a different active duty or call to active duty status of the same or a different military member. The City will verify the certification as permitted by the FMLA and CFRA regulations.

B. Time To Provide a Certification: When an employee’s leave is foreseeable and at least 30 days notice has been provided, the employee must provide the certification before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the City request), unless it is not practicable under the particular circumstances to do so despite the diligent, good faith efforts of the employee.

C. Consequences For Failure To Provide An Adequate or Timely Certification: If an employee provides an incomplete medical

35 certification, the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within time frame established by this policy, the City may delay the taking of FMLA/CFRA leave until the required certification is provided, or deny FMLA/CFRA protections following the expiration of the time period to provide an adequate certification.

D. City’s Review of the Content of Medical Certification for Employee’s Own Serious Health Condition:
i. Complete and Sufficient: The employee must provide a certification for their own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one or more of the applicable entries on the certification form have not been completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or not responsive. If the certification is incomplete or insufficient, the employee will be given written notice of the deficiencies and seven days to cure, unless a longer period is necessary in light of the employee’s diligent, good faith efforts to address the deficiencies.
ii. Authentication and Clarification: After giving the employee an opportunity to cure the deficiencies in a medical certification for the employee’s own serious health condition, the Personnel Officer may contact the health care provider who provided the certification to clarify and/or authenticate the certification. “Authentication” means providing the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the health care provider who signed the form. “Clarification” means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of the response. The Personnel Officer may not ask for additional information beyond that required on the certification form.

E. Second and Third Medical Opinions for Employee’s Own Serious Health Condition: If the HR Manager has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, the City may require a medical opinion of a second health care provider chosen and paid for by the City and conducted during work hours. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. The City must provide the employee with a copy of the second and third medical opinion, where applicable, without cost, upon the request of the employee.

36 INTERMITTENT LEAVE OR LEAVE ON A REDUCED LEAVE SCHEDULE:

If an employee requests intermittent leave (a few days or hours at a time) or a reduced leave schedule for their own serious health condition, or to care for an immediate family member with a serious health condition (“serious health condition”), the employee must provide medical certification that such leave is a medical necessity. The minimum increment for intermittent leave is 15 minutes. “Medical necessity” means there must be a medical need for the leave and it must be that such medical need can best be accommodated through an intermittent or reduced leave schedule. The treatment regimen and other information described in the certification of a serious health condition and in the certification of a serious injury or illness must address the medical necessity of such leave.

EMPLOYEE NOTICE OF LEAVE: Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days’ notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. Such notice may be orally given. For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such is foreseeable. If the Supervisor determines that an employee’s notice is inadequate or the employee knew about the requested leave in advance of the request, the Supervisor or HR Manager may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute.

REINSTATEMENT UPON RETURN FROM LEAVE:

Right to Reinstatement: Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period.

Date of Reinstatement: If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon.

If the reinstatement date differs from the original agreement of the employee and the City the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return.

EMPLOYEE’S OBLIGATION TO PERIODICALLY REPORT:

Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return.

37 FITNESS FOR DUTY CERTIFICATION:

As a condition of reinstatement of an employee whose leave was due to the employee’s own serious health condition, which made the employee unable to perform his/her job, the employee must obtain and present a fitness-for-duty certification from the health care provider, stating that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement.

REINSTATEMENT OF “KEY EMPLOYEES”:

Under the FMLA only, The City may deny reinstatement to a “key” employee (i.e. an employee who is among the highest paid 10% of all employed by the City of Norco within 75 miles of the work site) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and if the employee is notified of the City’s intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. Under the CFRA, the City may not deny reinstatement to a “key” employee during or upon the expiration of CFRA leave.

REQUIRED FORMS: Employees must fill out the following applicable forms in connection with leave under this policy:

A. Request For Family or Medical Leave Form
B. Medical certification – either for the employee’s own serious health condition or for the serious health condition of a child, parent, domestic partner, spouse, grandparent, grandchild, sibling or designated person.

C. Fitness for duty to return from leave from the health care provider.

Section 6.7 Bereavement and Reproductive Loss Leave
NGEA and Local 606 employees should refer to their MOU.

BEREAVEMENT LEAVE. Six days leave for bereavement shall be provided to an employee in the event of the death of a member of the employee’s immediate family.

City will provide three (3) days paid leave for such bereavement which will not be deducted from an employee's accumulated sick leave. Employees may also use up to three (3) days of accumulated sick leave in addition to the three (3) days paid bereavement leave. “Immediate family” shall be defined as any relative who is a member of the employee's household, and any parent, grandparent, spouse, domestic partner, child, custodial child, stepchild, grandchild, brother or sister of the employee.

The parent, child, brother or sister of the employee's spouse, domestic partner, exspouse, or deceased spouse, regardless of residence or employee's current marital status, is also eligible.

38 REPRODUCTIVE LOSS LEAVE. Five (5) days unpaid Reproductive Loss Leave shall be provided to an employee in the event of a reproductive loss. Employees may use accrued sick, vacation or other compensatory time off for a reproductive loss. “Reproductive loss” means a failed adoption, failed surrogacy, miscarriage, stillbirth or unsuccessful assisted reproduction by the employee, the employee’s current spouse or domestic partner, or by another individual if the employee would have been a parent of a child had the reproductive loss not occurred. For leave related to a reproductive loss, employees may take multiple leaves for subsequent reproductive losses. However, employees are limited to a total of twenty (20) days of reproductive loss leave in a twelve (12) month period.

DOCUMENTATION. Employees will be required to provide documentation of the death of the immediate family member within 30 days of the first day of leave.

Documentation includes, but is not limited to: a death certificate, a published obituary, or written verification of death, burial or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution or governmental agency.

Employees will not be required to provide documentation of a reproductive loss and City will not request documentation.

Bereavement or Reproductive Loss leave may be taken on non-consecutive days but must be completed within three (3) months of the date of death or reproductive loss.

Any sick or compensatory time off taken for bereavement or reproductive loss will run concurrently with leave taken pursuant to this section.

Section 6.8 Pregnancy Disability Leave

1. An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid leave for up to the number of hours she would normally work within four calendar months (one-third of a year or 17 1/3 weeks). For a full-time employee who works 36 hours per week, “four months” means 623 hours of leave entitlement, based on 36 hour per week times 17 1/3 weeks. An employee who works fewer than 36 hours per week will receive a pro rated or proportional amount of leave.

A. Notice: Requests for pregnancy disability leave must be submitted in writing with reasonable advance notice of the medical need for the leave.

All leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the Human Resources.

B. Certification: The request for pregnancy disability leave must be supported by a written certification from the attending physician stating that: (1) the employee is disabled from working by pregnancy, childbirth or a related medical condition; (2) the date on which the employee became disabled by pregnancy, childbirth or a related medical condition; and (3) the estimated duration or end date of the leave.

C. Compensation during Leave: Pregnancy disability leaves are without pay.

However, the employee must first use sick leave, if any. Once sick leave

39 is depleted, the employee may elect to use vacation leave or any other accrued paid time off during the leave.

D. Benefits during Leave: Group Health Insurance:
i. Group Health Insurance: An employee on pregnancy disability leave may continue to receive any group health insurance coverage that was provided before her leave, beginning on the date the pregnancy disability leave begins and continuing for up to four months in a 12- month period, at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. The City may recover premiums it paid to maintain health coverage if an employee does not return to work following pregnancy disability leave, unless the reason for the failure to return is a circumstance beyond her control or the use of the separate right to 12 weeks of bonding leave under the FMLA.
ii. Sick and Vacation Leaves: Sick and vacation leaves do not accrue while an employee is on unpaid pregnancy disability leave. iii. Employee Status during Leave: The employee retains employee status during the leave. The leave is not a break in service for purposes of longevity or seniority under any collective bargaining agreement or employee benefit plan. Benefits will be resumed upon the employee’s reinstatement in the same manner and at the same levels as provided when the leave began, without any new qualification period, physical exam, or other qualifying provisions.

E. In accordance with the Family Care and Medical Leave Policy, pregnancy leave runs concurrently with FMLA.

F. Reinstatement:
i. Upon the expiration of pregnancy leave, the employee will be reinstated to her original or a comparable position, so long as it was not eliminated for a legitimate business reason during the leave. ii. If the employee’s original position is no longer available, the employee will be assigned to a comparable, open position. iii. If upon return from leave an employee is unable to perform the essential functions of her job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify a potential reasonable accommodation in accordance with these Policies.

40 Upon return from such leave the employee shall submit to Human Resources a fitness-for-duty certification from her health care provider stating employee is able to resume her job duties with no restrictions or limitations.

Section 6.9 Leave for Victims of Qualifying Acts of Violence (“QAV”) or Other Crimes

1. Definitions:
a. The term Qualifying Acts of Violence (“QAV”) is defined as:
i. domestic violence;
ii. sexual assault;
iii. stalking; or
iv. any act, conduct, or pattern of conduct that includes (i) bodily injury or death to another; (ii) brandishing, exhibiting, or drawing a firearm or other dangerous weapon; or (iii) a perceived or actual threat to use force against another to cause physical injury or death.
b. The term “Family Member” for purposes of this section shall include the employee’s child, parent, parent-in-law, spouse, domestic partner, grandchild, grandparent, and sibling, and designated person. A designated person does not need to be a blood relative, so long as their association with the employee is the equivalent of a family relationship.

An employee may identify a “designated person” at the time they request leave. An employee may only designate one person per 12-month period.

2. A QAV includes the above victim experiences regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime.

3. Leave for Victims of a QAV or Other Crimes to Obtain Restraining Orders or Injunctive Relief: Any employee who is a victim of a QAV, or other crime, or whose Family Member who is a victim of a QAV, may take leave from work to obtain or attempt to obtain any relief, including, but not limited to: seek or obtain civil or criminal legal services; prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding; or obtain a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their Family Member, if the employee provides advance notice of the need for leave. If advance notice is not feasible, the employee must provide any of the following certifications within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from

41 a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse. The leave is unpaid unless the employee elects to use Healthy Workplace Healthy Family Act of 2014 sick leave, accrued vacation or paid leave, or other compensatory time off.

4. Leave for Victims of a QAV or Other Crimes to Obtain Medical Attention or Counseling or Safety Planning: Any employee who is a victim of a QAV, or other crime, or whose Family Member who is a victim of a QAV, may take leave from work to attend to any of the following: obtain medical attention or psychological counseling; obtain services from a shelter, program or crisis center; relocate or engage in the process of securing a new residence, including temporary or permanent housing or enrolling children in a new school; provide care to a family member who is recovering from injuries; seek, obtain, or provide childcare or care to a care-dependent adult if necessary to ensure the safety of the child or dependent adult; or participate in safety planning or other actions to increase safety, if the employee provides advance notice of the employee’s intention to take time off for these purposes. If advance notice is not feasible, the employee must provide any of the following to the City within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse. The leave is unpaid unless the employee elects to use Healthy Workplace Healthy Family Act of 2014 sick leave, accrued vacation or personal leave, or compensatory time off.

5. Leave Time Permitted:
a. If leave is requested because an employee has been the victim of a QAV, City will provide the employee with 12 weeks leave time. b. If leave is requested because an employee’s family member has been the victim of a QAV, and the employee is not a victim, leave time taken to assist in relocation or enrolling children in a new school or daycare purposes is limited to 5 days and total leave time is limited to 10 days; except if the employee’s family member is deceased as a result of the QAV. If the employee’s family member is deceased because of the QAV, City will provide the employee with 12 weeks leave time.

6. QAV leave runs concurrently with any leave under the CFRA and the federal Family Medical Leave Act (FMLA) and does not provide an employee with a right to leave that exceeds that provided under the FMLA.

7. City will not discipline, retaliate against or otherwise discriminate against an employee in any way for taking time off to obtain or attempt to obtain a restraining order or other injunctive relief, to help ensure the health, safety, or welfare of the

42 employee or their child where the employee is a victim of a QAV. Further, City will not discriminate or retaliate against an employee because of the employee’s status, or their family member’s status, as a victim of a QAV. City will provide reasonable accommodation for an employee, or an employee whose family member has been a victim of a QAV, who requests an accommodation for the safety of the employee while at work. If an employee believes they need reasonable accommodation based on the occurrence of a QAV, the employee should discuss the matter with their supervisor or the human resources unit.

Section 6.10 Jury Duty
NGEA and Local 606 employees should refer to their MOU.

1. An employee of the City who is requested to serve on jury duty shall notify his/her supervisor who shall in turn notify his/her department head.

2. While serving on jury duty, an employee shall receive his/her regular salary from the City. The employee shall remit to the City all compensation received as a result of serving on jury duty, except mileage reimbursement.

3. Jury duty limit will be 72 paid hours per fiscal year. An employee must submit documentation of court attendance. Jury duty will be paid for regularly scheduled work days up to the maximum of 72 paid hours per fiscal year.

4. City will not discipline, retaliate against or otherwise discriminate against an employee in any manner for taking time off to serve as required by law on an inquest jury or trial jury, so long as the employee gives reasonable advance notice to the employer.

Section 6.11 Court Appearances
An employee subpoenaed to appear in court on City business shall be allowed to do so without loss of compensation. An employee subpoenaed to appear in court for nonCity business shall be permitted time off without pay, except to use accrued vacation if employee so chooses. City will not discipline, retaliate against or otherwise discriminate against an employee in any manner for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.

Section 6.12 Military Leave
Employees shall be entitled to military leave pursuant to the provisions of the Uniformed Services Employment and Reemployment Rights Act and the California State Military and Veterans Code and any other applicable laws.

Section 6.13 Leave Without Pay
City will consider an employee’s request for leave without pay in cases where such absence would not be contrary to the best interests of the City or where authorized by

43 law. Unless required by law, such leave is not a right but a privilege and shall not exceed 90 days. Only employees who are working full-time and have satisfactorily completed the probationary period shall be eligible for discretionary leave without pay.

Unless otherwise required by law, an employee (or their designee if they are unable to make such request themselves) must submit a written request for leave without pay to their supervisor. The written request shall include the reason for the unpaid leave of absence, the date the leave is to begin and the probable date of return. All leaves without pay shall be approved by employee’s Department Head and City Manager.

An employee on leave without pay shall receive no compensation and shall accumulate no vacation or sick leave but shall continue to receive the benefits of continuous service and insurance coverage. A leave of absence without pay shall not be construed as a break in service or employment; and rights accrued at the time the leave is granted shall be retained by the employee.

If an employee wishes to return to work prior to the expiration of an unpaid leave, notification must be given to the employee’s supervisor at least five (5) working days prior to the employee’s return date.

Employees may request an extension of their leave, if such extension will not result in over 90 days unpaid leave, in the same manner as the initial Failure of the employee to return to his/her employment upon expiration of any authorized unpaid leave of absence shall, except under extraordinary circumstances, constitute a separation from service of that employee.

Nothing herein contained shall limit or prevent the granting of a leave of absence without pay for an indefinite period of time to any employee who is injured on the job or has a serious illness, or mental or physical impairment, even if the employee has not yet satisfactorily completed his/her probationary period requirement specified above.

Employees returning from leave will be reinstated to the same or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment, unless the position ceases to exist because of legitimate business reasons unrelated to the leave. An employee returning to work from leave has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the leave period. The City cannot guarantee that an employee will be returned to their original assignment. A determination as to whether a position is an "equivalent position" will be made by the City.

Section 6.14 Work-Incurred Illness/Injury
The City is self-insured; if an employee cannot work because of a work-related injury or illness, the City’s Worker’s Compensation Insurance Program will pay medical bills and provide compensation to help replace lost income until an employee can return

44 to work. The City’s Worker’s Compensation Insurance Program shall provide compensation to employees injured on duty consistent with State laws and other worker’s compensation laws.

An injured employee under worker’s compensation may request to supplement his/her worker’s compensation payments with his/her available sick leave or vacation time to maintain a regular salary while on worker’s compensation.

All accidents, injuries, potential safety hazards, safety suggestions, and health and safety related issues must be reported immediately by an employee to the employee’s supervisor. Any employee who is injured or observes another employee being injured should contact outside emergency response agencies, if needed.

The following steps must be followed in order for injured employees to be covered in a timely and efficient manner. The establishment of these steps constitutes the written policy of the City, and failure on the part of an injured employee to follow these steps may be cause for disciplinary action. Moreover, pursuant to law, an injured employee who fails to properly notify his/her employer of a work related injury may forfeit benefit entitlement.

1. Every work-related injury/illness, no matter how minor must be reported immediately by the employee to his/her supervisor. If unable to locate the supervisor, an employee shall report the injury/illness to the Department Head, or in their absence to the City Manager.

2. If the injury/illness is not an emergency, the supervisor will send the employee to the City’s industrial medical facility. If the injury/illness is an emergency, the employee or supervisor is expected to call 911 immediately or report to the nearest emergency facility.

3. The department Supervisor, Superintendent/Manager or HR Manager shall immediately (and in no event longer than 24 hours after injury) provide the injured employee with the Employee’s Claim for Worker’s Compensation Benefits (DWC 1 Form) form. Employee shall complete the form as soon as possible after the accident and submit the form to employee’s supervisor, and subsequently, to the Department Head. In the case of severe injury or death the City Manager must be notified immediately.

4. If the injury occurs after hours or on a weekend, the employee must report the incident immediately to his/her supervisor and the City Manager on the first business day following the injury. Employees injured after hours or on a weekend should attempt to contact their supervisor before, during, or after normal business hours.

5. In the case where an employee does not realize that an injury has occurred until several hours or days after the incident, he/she should not go directly to his/her

45 own doctor unless immediate attention is necessary. Rather, in that instance the employee should notify the City Human Resources Division and his/her supervisor that he/she has realized that an injury has occurred and the City will make a determination as to the appropriate procedure for treating the injured employee.

6. Where the injury is not immediately known, the City must be notified prior to the time the employee receives doctor’s attention. If, however, the employee first realizes that an injury has occurred on a weekend or a holiday and feels immediate attention is required, he/she should go to the City’s provider set forth in Section

6.15 below. The injury should then be reported to the employee’s department and the Human Resources Division on the first City working day thereafter.

7. It is the responsibility of the employee to notify the supervisor as soon as possible after the employee has been injured. A report must be made within 24 hours.

Benefits and rights begin the moment the employee reports the injury.

8. The City Manager shall coordinate with the injured employee and employee’s supervisor for the processing of the required documents to the City’s Workers’ Compensation carrier.

Workers’ Compensation disability benefit payments are payable after three (3) consecutive days off from work due to work related injury or illness. The rate payable is approximately two-thirds of the employee’s average weekly wage up to a maximum provided by State law.

If the injury requires hospitalization, the disability benefits begin immediately. If the employee needs to see a doctor after sustaining an injury the employee will be sent or taken to the City’s Workers’ Compensation Physician at Riverside Medical Center where they will be treated. Employees that have an “Employee Designation of Personal Physician” on file with Human Resources will be sent to their designated Physician/Medical Group. The Physician or Medical Group on the form will be authorized to treat the employee in the event of an injury.

The City will be responsible for medical expenses; this includes seeing the Doctor, prescriptions and anything else the Doctor orders to relieve the condition.

If the employee feels that the medical treatment being received from the Workers’ Compensation Physician is inadequate or inappropriate, the employee may request a different Physician after 30 days.

The City Workers’ Compensation Insurance Administrator is Adminsure. They are responsible for administering these benefits.

Continuation/termination of health benefits while receiving workers compensation benefits. City shall comply with all federal and state laws related to continuation of employee’s health and other benefits for employees on leave and receiving workers

46 compensation benefits.

Section 6.15 Illness or Injury Hours
If an employee becomes ill or is injured between 8 a.m. and 5:30 p.m., Monday-Friday, they should go to:

Riverside Medical Center
12742 Limonite Ave., Eastvale
(951) 683-6370
Alternatively, if an employee becomes ill or is injured between 5:30 p.m. – 9 p.m., Monday-Sunday, they should go to:

Norco Urgent Care Center
1295 Hamner Avenue, Suite C, Norco
(951) 272-6500
If the employee cannot or should not drive due to the illness or injury, they must call 911.

If an employee becomes ill or sustains an injury before 9 a.m. or after 9 p.m., Monday through Sunday, they should go to:

Corona Regional Medical Center Emergency Room
800 South Main Street, Corona
(951) 736-6241
If the employee is in a condition to contact their supervisor, they should do so as soon as possible after the illness or injury occurs.

ARTICLE VII. SEPARATION, REINSTATEMENT AND TRANSFER
Section 7.1 Voluntary Termination of Employment
An employee of the City may terminate his/her employment voluntarily, either by resignation or retirement.

In the case of voluntary resignation, the City requests the employee provide a two (2) week written notice to his/her Department head, three (3) weeks in the case of management personnel. The employee’s notice of resignation must state the reasons for resignation. Failure to follow the aforementioned procedure may be cause for denying future employment with the City. A resignation becomes final when the Department Head accepts the resignation in writing. Once a resignation has been accepted, it is final and irrevocable. A resignation can be accepted by the Department Head even if it is submitted less than the two or three weeks prior to the planned resignation date.

47 An employee planning to retire may provide a written notice to the Department Head prior to the effective date of the retirement. The City requests employee provide two weeks’ notice to his/her Department head, and three weeks’ notice in the case of management personnel. A notice of retirement becomes final when the Department Head accepts the notice of retirement in writing. Once a notice of retirement has been accepted, it is final and irrevocable.

Section 7.2 Job Abandonment
An employee is deemed to have resigned if the employee is absent for five (5) consecutive scheduled work days/shifts without prior authorization and without notification during that period of absence. The employee’s supervisor will provide the employee with written notice, at their address of record, of the circumstances of the job abandonment, and an opportunity to provide an explanation for the employee’s unauthorized absence. An employee who promptly responds to the agency’s written notice, within the timeframe set forth in the written notice, can arrange for an appointment with the Department Head before final action is taken, to explain the unauthorized absence and failure of notification. An employee separated for job abandonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. No employee separated for job abandonment has the right to a post-separation appeal.

Section 7.3 Layoff Procedure
Layoffs shall be by classification as determined by the City Manager and approved by the City Council. In determining the order of layoff, the City shall take into account job performance, seniority, specialized skills, and the City’s need to operate.

If reduction in personnel is necessary for economy reasons, the City shall observe the seniority rule in putting the reduction into effect.

Employees subject to layoff shall be given, whenever possible, at least 14 calendar days prior notice.

Employees subject to layoff shall not have the right of appeal.

An employee whose position is eliminated may be reassigned to a vacant position in an equivalent or lower class for which he/she meets the minimum requirements, first in his/her own department, then in another City department, and as determined by the City Manager.

Section 7.4 Bumping Rights
An employee may “bump” to a classification which he/she has previously held with the City and for which he/she has the qualifications. The employee shall be placed at a pay rate closest to his/her former rate but consistent with his/her new range.

48 The right to bump is not automatic. The City Manager shall have the authority to decide on bumping rights in the best interest of the City.

All employees must exercise “bumping” privileges within five working days after receipt of the Notice of Layoff, by written notice to Human Resources or his/her designee. If this choice is not exercised within the specified time period, it is automatically forfeited.

Section 7.5 Re-Employment
For the purpose of providing reemployment opportunities for individuals who are laid off from their employment with the City, the City shall establish a “reemployment list.” A person may remain on the reemployment list for one year from the date the Notice of Layoff is received.

Reemployment may be made to a position that was held at the time of layoff with the City, or to a specific classification previously held with the City should such a position become vacant. The reemployment list shall have priority over open competitive examination employment lists established by the City for a position affected by the reemployment list.

Reemployment shall be on the basis of an evaluation of qualifications, performance and seniority.

Section 7.6 Reinstatement
A full-time regular employee who voluntarily terminates his/her employment in good standing may be reinstated to a vacant position in his/her former job class within one year of his/her voluntary separation date without re-qualifying for employment by competitive examination. If the voluntary separation date is greater than one year, the employee will be required to qualify through competitive examination.

Benefits will start to accrue upon reinstatement as set forth in these rules.

If an employee separates from the City and is rehired within one year from separation, accrued and unused sick leave to a maximum of 48 hours, will be reinstated. An employee who worked at least 90 days in the initial employment with the City may immediately use reinstated sick leave. An employee who had not worked 90 days in the initial employment with the City must work the remaining amount of the 90 dayqualifying period to be able to use accrued sick leave.

Section 7.7 Transfer
A change of an employee’s place of employment from one department to another or a lateral change of position in a job class on the same salary schedule shall be

49 considered a transfer. The purpose of a transfer is to facilitate adjustment of the employee, to improve placement, to provide opportunity to prepare for advancement, to eliminate unsatisfactory relationships between employees as a management right, or as a result of a reduction in work force.

A Regular Employee may initiate a request to transfer to another position in the same or lower classification for which the employee is qualified, in the opinion of the City Manager or designee, by submitting to Human Resources a written request for transfer. The request will be kept on file for one year from the date of receipt. With the approval of the Department Head for whom the employee now works and the Department Head for whom the employee wishes to work, the employee will be transferred to the new position when the first vacancy becomes available.

Transfers may also be initiated by the City Manager, or by the appropriate Department Head or Supervisor.

All transfers shall require the approval of the appointing authority involved and the City Manager.

Employees with less than one year of service, less than satisfactory performance evaluations and a disciplinary suspension, reduction in pay or equivalent disciplinary action within the last year are not eligible for a voluntary transfer.

Transferred employees, regardless of tenure, may be placed on probation but shall retain all accrued benefits, including sick leave and vacation.

If an employee disputes an involuntary transfer, the employee may, within two working days of notice of transfer, file a written appeal with Human Resources or designee setting forth the reasons therefore. Any appeal must be based upon the alleged violation of the requirements for the transfer and/or procedure followed. The Personnel Officer or designee’s decision shall be final.

If a transfer involves a change from one department to another, both Department Heads must consent unless the City Manager orders the transfer for purposes of economy or efficiency.

ARTICLE VIII. DISCIPLINARY ACTION AND ADMINISTRATIVE REVIEW Section 8.1 Disciplinary Action
Discipline may be necessary when City policies are violated or when City expectations are not met. Disciplinary actions range from informal conversations to termination. An effective, reasoned system of disciplinary actions is based on the premise that the actions are to be corrective. Where appropriate, the actions are progressively more severe and fit the nature of the problem. This last premise recognizes that the appropriate response to certain offenses need not be the disciplinary action listed as

50 the first step in the progressive discipline process (i.e., counseling), but may be one of the more severe disciplinary actions listed below:

1. Counseling - A discussion with an employee to clarify standards, evaluate strengths and weaknesses, or assist in clarifying and remedying a performance or behavior problem.

2. Verbal Warning or Reprimand - An employee may be verbally reprimanded in private about his/her inappropriate behavior. The supervisor shall make a brief notation regarding the date and substance of the verbal reprimand in the employee’s personnel file. If an employee’s conduct does not improve, reference to the verbal reprimand will be made in a subsequent written reprimand or performance evaluation.

3. Written Reprimand. If the inappropriate behavior continues after a verbal reprimand, or if deemed warranted by the supervisor, the employee will receive written notification indicating that the City is dissatisfied with the employee’s services or conduct and that further disciplinary measures may be taken if the behavior is not corrected.

4. Suspension. An employee may be temporarily suspended from service without pay. Suspension without pay shall not exceed thirty (30) working days for any one (1) offense or for more than sixty (60) working days in any fiscal year.

Employees will continue to receive group health coverage and other benefits during a suspension. Note: The City will comply with all FLSA rules pertaining to FLSA Exempt employees. FLSA exempt employees shall not be subject to disciplinary pay docking for less than one (1) day increments, except for those major violations that are allowed under the FLSA. Such employees may be subject to a reduction in pay in lieu of suspension.

5. Reduction in Pay - The temporary reduction in pay of an employee’s rate of pay. The proposed reduction in pay will be calculated to equal the value of a proposed suspension in terms of compensation lost, over the determined period of time.

6. Demotion - The removal of an employee from a presently assigned classification to a lower paying classification. It should be noted that this definition does not apply to assignment changes, reorganizations, or reductions in force (bumping) even where a pay differential is involved.

7. Termination - The permanent removal of an employee from City service.

Copies of all disciplinary notices given to an employee shall be entered in the employee's official personnel file.

51 Section 8.2 Cause for Disciplinary Action
The following are examples of performance or behavior that may result in disciplinary action. This listing is representative and does not exhaust all possible situations where disciplinary action may be required.

1. Failure of any employee to engage in ethical behavior including but not limited to reporting of any activities where the employee has knowledge of where such activities may result in criminal prosecution or result in discipline under this policy; failure of any employee to report official contacts by any law enforcement agency; concealing or attempting to conceal defective work; the exercise of authority for any improper purpose; and/or using a badge, uniform, identification card, or other City property for personal gain or other improper purpose.

2. Failure to perform some or all of the job duties including, but not limited to, unsatisfactory or careless work.

3. The inability or refusal to improve work performance in accordance with written or verbal direction after a reasonable trial period.

4. Unsatisfactory or negligent job performance, inattention to duty, and/or disruption in the workplace.

5. Dishonesty including, but not limited to, any deliberate oral or written falsification or misrepresentation, or the providing of misleading or incorrect information in connection with the preparation of City records, such as employment applications, time sheets, or payroll records, or during investigations and administrative proceedings.

6. Certifying another employee's timesheet, altering or defacing an employee’s own timesheet or that of another employee, and/or falsifying the actual hours worked on a timesheet.

7. Unauthorized access to confidential information or records and/or unauthorized release of confidential information or records.

8. Unauthorized access into secured City offices, City buildings, or both and/or providing unauthorized access into City offices or City buildings to third parties, whether coworkers or members of the public.

9. Negligently misplacing security access codes, passwords, keys, electronic keys, or cards that provide access to secured City offices or City buildings.

10.Stealing, sabotage, willful damage, abuse, or destruction of City property, tools, or equipment, or the property or equipment of a supplier, customer,

52 or another employee, or failure to report any of the above, including removal of City property or the property of others without proper authorization and/or taking City vehicles/equipment home for personal use without prior written authorization.

11.Use, possession, sale, or being under the influence of alcohol or illegal drugs during assigned working hours or while on City property, or reporting to work under the influence of alcohol or illegal drugs.

12.Failure to comply with Administrative Policy No. 308: City’s policy on Drug Free Workplace.

13.Unauthorized use, possession, conveyance, or storage of any firearms, explosives, or other dangerous weapons on City property or while performing City functions.

14.Insubordination, including actions involving a resistance to, or defiance of, or refusing to carry out a supervisor's/manager's/City agent’s lawful orders.

15.The use of abusive or threatening language toward fellow employees, supervisors, suppliers, customers, or citizens, or any verbal or physical behavior that is discourteous and/or unprofessional conduct in the workplace. This includes any bullying behavior, which is defined as repeated inappropriate behavior, either direct or indirect, whether verbal, physical or otherwise, at the place of work and/or in the course of employment.

16.Making false, misleading, or malicious statements to a supervisor that harm or destroy the reputation, authority, or official standing of a co-worker; making disparaging remarks that subvert the good order, efficiency, and discipline of the City or any department; and/or engaging in gossip or rumor mongering or other behavior which creates discord and disharmony in the workplace.

17.Any act of physical violence including but not limited to fighting, coercing, interfering with, or threatening bodily injury to other employees, supervisors, suppliers, customers, or citizens.

18. Conduct, whether on duty or off duty, that compromises public trust in the City’s integrity or operations. This includes, but is not limited to, disreputable behavior at City-sponsored events, during travel on City business, or while using City resources or property such as public intoxication, disorderly conduct, or other actions that could reasonably be seen as damaging to the City’s reputation.

19.Unauthorized sleeping during assigned working hours.

53 20.Unauthorized engagement in outside employment.

21.Acceptance of any reward, gift, ticket, or other form of remuneration, in addition to the employee’s regular compensation, for the actions performed in the normal course of the employee’s assigned duties.

22.Leaving work during assigned duty hours without permission, tardiness, and/or improper use of leave.

23.Failure to observe City or Department working hour schedule(s), starting time(s), quitting time(s), and/or rest and meal periods.

24.The personal and/or inappropriate use of City material, time, personnel, or equipment and/or using City equipment and/or property for personal gain.

25.Any violation of health and safety rules including, but not limited to, failure to wear required safety equipment; unsafe operation of any motor vehicle or machinery on City property or while in the City's service; use of cell phone or other device while driving; tampering with safety equipment; engaging in reckless behavior that endangers one’s personal safety or the safety of a co-worker or member of the public; and/or altering or tampering with any machine's safety device..

26.Failure to report any on-the job or work-related accident or injury within twenty-four (24) hours.

27.Smoking in restricted areas.

28.Distributing literature or soliciting on City property during working time without permission of the immediate supervisor.

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

30.Failure to Comply with Administrative Policy No. 307 (Anti-Discrimination, Harassment and Retaliation and all reporting equirements) including acts of sexual harassment, or harassment, discrimination or retaliation for any reason.

31.Misuse or abuse of leaves of absence including, but not limited to, pattern and/or frequency of usage, or where it is reasonable to conclude that absences are not due to the reason(s) for which such leave is authorized.

32.Job abandonment (i.e. at least five (5) consecutive workdays absent from duty without supervisory notification and/or permission).

54 33.Legal or illegal gambling on City time and/or on City property.

34.Inappropriate use of the intranet, internet, or e-mail in accordance with the City's Use Policy.

35.Any action inconsistent with City or departmental policies, practices, and/or rules.

36.Inappropriate attire in accordance with the City’s dress guidelines.

37.A suspension, revocation, cancellation, or disqualification of a driver's license, professional certification, or license when required for the position, and/or failure of an employee to report any of the above to their supervisor within one (1) working day of the suspension, revocation, cancellation, or disqualification of the driver's license, professional certification, or license.

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

39.Violation of any law, statute, or ordinance while on duty, while on City property, and while in uniform (whether on or off duty).

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

41.Violation of the City’s Admin or other policies, ordinances, and/or resolutions, including the City’s personnel policies and procedures and/or any other administrative policies of the City.

Section 8.3 Notice of Intent to Discipline
A regular full-time employees, in the competitive service, shall be given prior notice of a proposed disciplinary action, except counseling and verbal or written reprimands, unless the good of the service demands that such action be taken immediately.

Notice of disciplinary action, and disciplinary action, for regular full-time employees in the competitive service shall be taken in compliance with the following procedures:

55 Section 8.4 Procedure – Skelly Process (Suspension, Demotion, Reduction in Pay, Discharge)
Whenever the appropriate authority intends to suspend or demote a regular full-time employee, in the competitive service, for five (5) working days or more, reduce the employee in pay or dismiss the employee, the appropriate authority shall give the employee a written notice of the proposed disciplinary action. The employee may be asked to acknowledge the document by signing that it was received. The employee’s signature on such a document does not indicate agreement. Generally, such notices shall be prepared by the supervisor and following review, issued by the Department Head. Any Notice of Proposed Action involving loss of pay and/or benefits must be reviewed by the City Attorney's Office prior to issuing the Notice of Proposed Action to the employee. The Notice shall set forth the following:

1. Level of discipline intended to be imposed.

2. Reason(s) for the Proposed Action - The employee shall be given the specific charges upon which the intended discipline is based including a summary of the facts upon which the charges are based;

3. Materials Supporting Proposed Action - The employee shall be given a copy of, or be provided access to, written materials, reports, and/or documents, if any, upon which the intended discipline is based.

4. Right to Respond - The employee shall receive a description of the employee’s rights and be informed of the five (5) working-day requirement for responding to the Notice; and informed that they may respond orally, in writing, or both, and in person or through a representative. The employee will be notified that failure to respond within five (5) working days shall constitute a waiver of the right to respond prior to the imposition of discipline. A Department Head, other than the employee’s Department Head, (“appointed Department Head”) who can effectively and impartially review and recommend that the proposed disciplinary action be taken or not taken, will be appointed by the City Manager to serve as a hearing officer and render the determination.

5. Employee's Response and the Skelly Conference - If the employee requests an informal conference to respond orally to the charge(s), the conference must be scheduled at least seven (7) working days after the employee’s response to the Notice. The conference will be an informal meeting with the appointed Department Head at which the employee has an opportunity to rebut the charges against him or her and present any mitigating circumstances. The appointed Department Head will consider the employee's presentation before any final disciplinary action.

The employee's failure to make an oral response at the arranged conference time, or the employee's failure to cause his or her written response to be

56 delivered by the date and time specified in the notice, constitutes a waiver of the employee's right to respond prior to the imposition of the discipline. In that case, the proposed disciplinary action will be imposed on the date specified.

6. Notice of Determination and Appeal Process - Within five (5) working days of receipt of the employee's timely written response or within five (5) working days of the informal conference, the appointed Department Head will: (1) dismiss the notice of proposed action and take no disciplinary action against the employee; (2) modify the intended disciplinary action; or (3) impose the intended disciplinary action. In any event, the department head shall prepare and provide the employee a notice that contains the following:
a. An acknowledgement of the employee’s response;
b. The level of discipline, if any, to be imposed and the effective date of the discipline;
c. The specific charges upon which the discipline is based; d. A summary of the facts upon which the charges are based; e. A copy of all written materials, reports, or documents upon which the discipline is based;
f. A statement of the nature of the employee's right to appeal and the time period within which the appeal must be made, which is ten (10) working days from the date of discipline. The employee’s appeals rights are set forth in Article X of this manual.

The decision of the appointed Department Head shall be personally delivered to the employee or sent by certified mail to the employee’s last known address.

If mutually agreed upon, the effective date of any proposed disciplinary action may be postponed to allow the Department Head enough time to adequately review the employee’s response before making a decision.

Section 8.5 Suspension – Less than Five Working Days
Disciplinary suspensions of less than five (5) working days may be immediately implemented so long as the “Skelly” process is then promptly followed.

Section 8.6 Administrative Suspension With Pay
The City Manager may immediately place an employee on administrative leave with pay when the city manager believes that the employee's continued presence at the work site could have detrimental consequences.

Administrative leave with pay is also authorized pending investigation into charges of misconduct. If the charges against the employee are substantiated by the investigation, appropriate disciplinary action may be taken in accordance with the procedures set forth herein.

57 Section 8.7 Disciplinary Records
Original copies of all written records pertaining to disciplinary actions shall be maintained in the employee’s official personnel file.

ARTICLE IX. COMPLAINT AND GRIEVANCE PROCEDURE
Section 9.1 Purpose of Complaint and Grievance Procedure This section provides an effective and acceptable system whereby employees in the competitive service can seek resolution of grievances or complaints on matters affecting their jobs. All levels of administration and supervision are expected to inform and encourage employees to discuss matters affecting their employment.

All employees are encouraged to make use of the City’s anonymous reporting hotline, 800-576-5262 or online employeeprotectionline.com “10395” if they are uncomfortable reporting to their supervisor or to Human Resources directly, NOTE: This grievance policy is separate from and in no way relates to grievances filed by the City’s bargaining units with the Public Employment Relations Board.

Section 9.2 Definitions

1. Complaint: An allegation or charge that a policy or other violation has been committed.

2. Complaint Procedure: The process by which a determination is made as to whether or not a policy or other violation has been committed.

3. Grievance: An expressed claim by an employee that the City has violated, misinterpreted or misapplied an express provision in the City Personnel Ordinance or Rules.

4. Grievance Procedure: The process by which the validity of a grievance is determined.

5. Representative: A person who at the request of the employee or management is invited to participate in grievance conferences.

Section 9.3 Complaint Procedure
STEP 1: Prior to filing a formal complaint, the employee shall promptly attempt to resolve the issue(s) with his/her immediate supervisor and/or Department Head, as appropriate. The Supervisor is required to review every complaint and attempt to settle the complaint as quickly and fairly as possible.

58 STEP 2: If attempts to resolve an issue are unsuccessful, a formal written complaint may be filed with Human Resources. Complaints must be filed within ten (10) working days of knowledge of the event or action that gave rise to the complaint.

STEP 3: Human Resources will investigate the complaint and written findings from the HR Manager, or designee, will be provided to the employee.

STEP 4: If the complaint resolution remains unsatisfactory, the employee may take his/her complaint to the City Manager whose decision is final.

It is the right of the employee to be represented if he/she so chooses.

Section 9.4 Grievance Procedure
STEP 1: The employee must first work in good faith to resolve the grievance informally through discussion with their immediate supervisor. The employee shall inform his/her supervisor of his/her grievance and relevant facts within ten (10) working days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. At least one conference shall be held between the employee and his/her immediate supervisor within five (5) working days after the employee has expressed his/her grievance. The immediate supervisor shall advise the employee of his/her decision within five (5) working days following the conference.

STEP 2: If the employee believes the grievance has not been resolved in Step 1, the employee shall put the grievance in writing, as set forth herein, and submit copies to his/her immediate supervisor and Department Head not later than five working days following completion of Step 1. The Department Head shall review the grievance and give his/her written decision to the employee within five (5) working days from receipt of the grievance.

STEP 3: If the employee believes the grievance was not resolved in Step 2, the employee may file a written appeal to the City Manager not later than five (5) working days following completion of Step 2. The City Manager shall review the grievance and give his/her written decision to the employee and other concerned parties within ten (10) working days from receipt of the grievance.

STEP 4: If the employee believes the grievance was not resolved in Step 3, the employee may request in writing that the grievance be referred to the Personnel Committee. Such request shall be made within seven (7) working days after receipt of the decision in Step 3. Additional information on the Personnel Committee appeal process can be found in Article X of this manual. The decision of the Personnel Committee shall be final.

59 Section 9.5 General Provisions

1. Employees using the grievance or complaint procedures shall not suffer retribution or prejudice by reason of such use.

2. A form for filing and processing grievances is available from Human Resources and other documents necessary under these procedures shall be provided to the Personnel Officer and given appropriate distribution. All supporting documentation must be attached to the grievance form at each step of the process.

3. Failure at any step of this procedure to communicate the decision on the grievance within specified time limits shall permit the aggrieved employee to proceed to the next step.

4. The grievant may be required to be present at any step in the grievance procedure.

5. Failure at any step of this procedure to appeal a decision on a grievance within specified time limits shall constitute a declining of further appeal and render the decision reached in the preceding step final.

6. The time limits specified at any step in this procedure may be extended by mutual agreement.

7. Beginning with Step 2 of the Grievance Procedure, the employee may be represented by a person of his/her choosing.

Section 9.6 Grievance Procedure Exclusion

1. The Grievance Procedure is not to be used for the purpose of resolving complaints, requests or changes in wages, hours and working conditions.

2. The procedure is not to be used to challenge the content of an employee evaluation or performance review.

3. The procedure is not to be used to challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase.

4. The procedure is not to be used to challenge appointment to positions.

5. The procedure is not to be used to challenge management rights.

6. The procedure is not to be used to challenge oral and written reprimands.

60 Section 9.7 Statement of the Grievance
In filing a grievance, the employee should set forth the following information:

1. The specific section of the Personnel Ordinance or rules allegedly violated, misinterpreted or misapplied.

2. The specific act or omission that gave rise to this alleged violation, misinterpretation or misapplication.

3. The date or dates on which the violation, misinterpretation or misapplication occurred.

4. What documents, witnesses or other evidence support the grievant’s position.

5. The remedy requested.

Section 9.8 Right of Representation
The employee association, an attorney or representatives from the agency staff may represent the grievant.

If the representative is a fellow employee, that employee will receive time off from his or her work assignment for the time of the grievance meeting or hearing plus reasonable travel time.

Forty-eight hours prior to the grievance meeting, the employee shall inform the Human Resources Division of whether he or she shall be represented at the grievance meeting and shall identify the representative.

ARTICLE X. APPEAL PROCESS FOR GRIEVANCES AND CERTAIN

DISCIPLINARY PROCEDURES
The Personnel Committee shall be composed of all members of the City Council. The Personnel Committee shall adopt rules of procedure and shall elect a Chairperson from among the members who shall act as Presiding Officer.

Right to Appeal
All regular full-time employees, in the competitive service, shall have the right to appeal grievances unresolved after application of the grievance procedure, and any of the following disciplinary actions, to the Personnel Committee:

1. Suspension

2. Salary Reduction

3. Demotion

4. Dismissal

61 Counseling memos, as well as oral and written reprimands are specifically excluded from this section.

Method of Appeal of a Disciplinary Decision or a Grievance Appeals shall be in writing, signed by the appellant, and filed with the Personnel Officer within ten (10) working days of discipline or within seven (7) working days of the decision at Step 3 of the Grievance Procedure. Within ten (10) working days after receipt of the appeal, the Personnel Committee, City Manager and all such other persons or officers named or affected by the appeal shall be notified.

The appeal shall be a written statement, addressed to the Personnel Committee explaining the matter appealed from and setting forth therein a statement of the action desired by the appellant. The formality of a legal pleading is not required.

Personnel Committee Member’s Conflict of Interest
If a potential or actual conflict of interest exists which could affect a member of the Personnel Committee’s ability to effectively and impartially review the discipline or grievance, then the Chairperson of the Personnel Committee shall appoint a neutral third party to serve in the place of such member.

Notice
Upon the filing of an appeal, the Personnel Officer shall set a date for a hearing on the appeal not less than ten (10) working days, nor more than 90 working days, from the date of filing. The Personnel Officer shall notify all interested parties of the date, time and place of the hearing.

An employee who, having filed a timely written request for appeal, and who has been notified of the time and place of the appeal hearing, and who fails to appear personally at the hearing, may be deemed to have abandoned his or her appeal. In this case, the Personnel Committee may dismiss the appeal.

Pre-Hearing Procedure

1. SUBPOENAS: The Personnel Committee is authorized to issue subpoenas at the request of either party prior to the commencement of the hearing. After the commencement of the hearing, subpoenas shall be issued by the Personnel Committee only for good cause. The Human Resources division will prepare subpoenas for all witnesses; however, they will only serve subpoenas on individuals who are not currently employed by the City. It will be the responsibility of the employee and the City to submit the names of current City employees to be notified, and persons outside the organization to be subpoenaed, at least fourteen (14) working days before the date of the hearing

62 in which they are requesting the witnesses to appear. The testimony of a witness who has been subpoenaed, and has appeared at the hearing, shall not be excluded on the basis of an objection of improper notice of subpoena.

2. EXHIBITS AND WITNESS LISTS: Five (5) working days prior to the date set for the hearing, each party shall serve upon the other party and submit to the Human Resources division a list of all witnesses and a list of all exhibits. An original and nine (9) copies of the exhibits shall be presented to the Human Resources division in 3-hole notebooks that are tabbed down the side with the exhibit numbers. The City shall designate its exhibits by number. The employee shall designate his/her exhibits by alphabetical letter. Neither party will be permitted to call during the hearing a witness not identified pursuant to this section, nor use any exhibit not provided pursuant to this section unless that party can show that they could not reasonably have anticipated the prior need for such witness or such exhibit.

3. CONTINUANCES. The Chairperson of the Personnel Committee may continue a scheduled hearing only upon good cause shown and every effort should be made to schedule the hearing as soon as possible.

Hearing
The appellant shall appear personally, unless physically unable to do so, before the Committee at the time and place of the hearing. He/she may be represented by any person he/she may select and present any relevant oral or documentary evidence.

Questioning of witnesses shall be permitted.

The conduct and decorum of the hearing shall be under the control of the Committee Chairperson with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and witnesses.

The hearing will be closed to the public unless the employee requests that it be open.

Record of Proceedings and Costs
Record of the Proceedings: All disciplinary appeal hearings may, at the discretion of either party or the Personnel Committee, be recorded by a court reporter. Any hearing which does not use a court reporter, shall be recorded by audio tapes. If a court reporter is requested by either party, that party shall pay the cost of the court reporter.

If both parties request a court reporter the cost will be split equally.

Employee Witness Compensation: Employees of the City who are subpoenaed to testify during working hours will be released from duty and permitted to appear at the hearing. The Personnel Committee may direct that these employees remain on call until called to testify. Employees who are subpoenaed to testify during non-working

63 hours will be compensated for the time they actually testify, unless the City agrees to a different arrangement.

Conduct of the Hearing
The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determination of the truth.

Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions.

Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in and of itself to support a finding unless it would be admissible over objection in civil actions.

The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.

Irrelevant and unduly repetitious evidence may be excluded.

The Personnel Committee shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Personnel Committee shall not be invalidated by any informality in the proceedings.

During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party.

Burden of Proof
In a disciplinary appeal the City has the burden of proof by preponderance of the evidence.

Request for Continuance
Each side should be asked if it is ready to proceed. If either side is not ready, and wishes a continuance, good cause must be stated.

Testimony Under Oath
All witnesses shall be sworn in for the record prior to offering testimony at the hearing.

The Chairperson will request the witnesses to raise their right hand and respond to the following:

64 “Do you swear that the testimony you are about to give at this hearing is the truth, the whole truth and nothing but the truth?”
Order of Proof
The procedures in any disciplinary appeal hearing shall be as follows (note that grievance appeal hearings are in reverse order from the order below):

A. The City shall present evidence in support of its position.

B. The employee shall then present evidence in support of his/her position.

C. The parties in interest may then offer, respectively, rebuttal and surrebuttal evidence.

D. All evidence must be relevant and material to the issues, and the decision of the Personnel Committee concerning the relevance or materiality of evidence shall be final.

E. Unless the Chairperson directs otherwise, following the presentation of evidence, each side shall be permitted to argue the case to the Personnel Committee. The order of argument shall be as follows:

1. The City shall be permitted to present their position;

2. The employee or his/her counsel will present a response;

3. The City shall be permitted to present a final reply.

F. The Personnel Committee or the parties may request the submission of written briefs. The Personnel Committee will determine whether to allow written briefs, the deadline for submitting briefs, and the page limit for briefs.

When arguments are completed, the Chairperson of the Personnel Committee shall declare the hearing closed.

Right to Due Process
The employee shall have the following due process rights during the hearing:
• The right to be represented by legal counsel or another chosen representative, at his or her own expense;
• The right to call and examine witnesses on his or her behalf; • The right to introduce evidence;
• The right to cross-examine opposing witnesses on any matter relevant to the issues;
• The right to impeach any witness regardless of which party first called him or her to testify; and
• The right to rebut evidence against him or her.

Hearing Demeanor and Behavior
All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or the members of the Personnel Committee.

65 Findings and Action
The Personnel Committee shall have the authority to affirm, modify or revoke the discipline. Within ten (10) working days after conclusion of a hearing authorized by this Section, the Personnel Committee will submit their findings and decision in writing to the appellant. Such findings and decision shall be based solely on material presented during the hearing.

Proof of Service of Written Findings and Decision
The Personnel Committee shall send their final statement of written findings and decision, along with proof of service of mailing, to each of the parties and to each of the parties' representatives.

Statute of Limitations
The Personnel Committee’s written findings and decision are final. There is no process for reconsideration.

Judicial Review
Pursuant to Code of Civil Procedure Section 1094.6, the parties have 90 days from the date of the proof of service of mailing of the written findings and decision to appeal the decision to the Superior Court in and for the county of Riverside. The provisions of Section 1094.6 of the Code of Civil Procedure are applicable to all actions of the City Council and all other City officers, employees, agents, and City Committees or Commissions thereof.

ARTICLE XI. SAFETY AND HEALTH
Section 11.1 Motor Vehicle Reports
PROSPECTIVE EMPLOYEES: Prior to offering employment to a job applicant required to drive a vehicle to perform his/her job responsibilities, a driver’s license check will be conducted. If the search discloses there have been violations during the previous three years, the applicant may be considered a high-risk driver and may not be qualified for City employment.

CITY EMPLOYEES: An annual driver’s license check shall be conducted on all employees who operate City-owned vehicles. If an employee has any violations in the previous three years, the employee may be considered a high risk driver and may be, depending on the job classification and the nature of the violation, disciplined up to and including termination.

66 Section 11.2 Observance of Traffic Laws
Any citation or arrests while operating a City vehicle are the personal responsibility of the employee. The employee shall not attend court appearances on City time for such citations and arrests and must arrange such appearances by taking vacation time or leave without pay. The employee alone will satisfy any judgement handed down by the court. All court costs to include subpoena of witnesses and/or attorney fees, if any, are also at the sole cost of the employee.

Section 11.3 Seat Belt Policy
The City requires all employees to wear seat belts whenever they drive or ride in a City-owned passenger motor vehicle or when traveling in their own private passenger vehicle on City business. When driving, employees are responsible for requiring passengers to fasten their seat belts prior to the start of travel. If a seat belt is missing or non-operative the employee should inform his/her supervisor.

Additionally, employees are responsible for informing their supervisor of any conditions that may warrant exemption from the policy and for non-operative restraints in City vehicles. Failure to follow this policy could result in discipline.

Section 11.4 Smoking in the Work Environment
The City is committed to providing a healthful and safe working environment for employees. In keeping with this commitment, smoking (including electronic cigarette use) is permitted only in designated smoking areas during breaks, lunches or before/after work. Smoking is prohibited in all hallways, reception lobbies, restrooms, breakrooms, meeting rooms, general indoor and outdoor work areas, City parks and City vehicles.

Section 11.5 Automobile Insurance
Employees (as shall be approved by Department Heads and the City Manager) who use their personal automobiles for City business may be reimbursed at the current rate as mandated by the IRS per mile driven for such use of their automobiles. For employees to be eligible for automobile expense reimbursement, the following must be provided and submitted to the Finance Director.:

Employees who use their automobiles for City business are required to show proof that their vehicle is insured under the minimum requirements set forth by the State law; i.e., $15,000 to $30,000 liability coverage, personal insurance liability coverage with a minimum of $5,000, plus property damage coverage.

Employees must maintain a current California Driver’s License to obtain reimbursement.

67 Section 11.6 Cell Phone Use
City issued cell phones are for City business only. Employees must have a personal communication tool to use. Cell phones shall not be used while driving except via a hand-free connection that does not require the physical handling of the cell phone.

Texting and messaging of any kind via phone, tablet or other communication device is NEVER allowed while operating a vehicle. Further, City prohibits employees from engaging in any activity that distracts the employee while the vehicle is in motion including, but not limited to, watching videos, playing games, or any other device usage which interferes with an employee’s ability to safely focus on the operation of the vehicle. Employees are expected to pull over and park prior to answering or making any phone calls or text messages.

ARTICLE XII. EMPLOYEE ACTIVITIES
Section 12.1 Outside Employment
When a person accepts employment with the City, it is assumed that this employment is to be his/her primary job. If the employee seeks supplemental work, such work is expected to be secondary in importance and, as such, subject to the approval of the City.

A full-time employee shall not engage in any employment, activity, or enterprise for compensation that is inconsistent, incompatible, in conflict with, or hostile to his/her duties, functions, or responsibilities of his/her appointing power or the City.

All full-time employees wishing to engage in outside employment shall report such employment to the Department Head. The employee’s Department Head, together with the City Manager shall have the right to approve or deny any employee’s request for outside employment. Approval may be revoked at any time.

In the event that the Department Head and/or City Manager deny the employee request for outside employment, he/she shall submit to the effected employee the grounds for denial in writing.

Section 12.2 Political Activities
The City shall not in any way influence an employee in voting as he/she sees fit or in supporting candidates for political office.

In accordance with Government Code Section 3207, City employees may not participate in political activities during working hours or on City property.

Nothing stated herein shall be construed as limiting any employee’s right to vote, or freedom of reasonable expression or right of association, nor the exercise of any rights protected by the Constitution of the United States and the State of California.

68 Section 12.3 Seeking New Employment
The City encourages individual initiative and does not wish to stand in the way of an employee applying for a position of advancement elsewhere. By applying for such a position, an employee in no way impairs his/her job security with the City. However, job-hunting activities shall not interfere with an individual’s City duties. Time off for interviews will be unpaid or charged to vacation or compensatory time.

The City requires that management personnel, if among the final contenders for a position, advise the Department Head or the City Manager of this fact on a confidential basis. Management personnel are required to provide a minimum of three (3) weeks’ notice of resignation, in order to permit the recruitment of a replacement.

Section 12.4 Use of City Property
City property is not to be used for the private purposes or benefit of City employees.

The term “City Property” is to be regarded as all-inclusive, with no exceptions. Use of City equipment on or away from City real property for employees’ private purposes is prohibited.

The City purchasing system and the credit of the City are not to be used for the benefit of employees or private persons.

Section 12.5 Gifts and Gratuities
Employees shall not directly or indirectly solicit any gift or accept any gift, favor or other consideration that might reasonably be construed as a conflict of interest and/or an attempt to influence their actions in the performance of their official duties. If the application of this policy in any particular instance is not clear, the recipient has the responsibility and obligation to seek clarification from his/her Supervisor. If the Supervisor and the Department Head are unclear as to the application of this policy, the matter should be referred to the Office of the City Manager for a decision.

ARTICLE XIII. UNIFORM POLICY
Section 13.1 Employee Uniform Program
The purpose of this uniform program is:

1. To identify City employees and enhance the image of City operations that are generally performed by City personnel in public view or have direct contact with the public on a regular basis;

2. To provide uniforms to those personnel who are required to perform duties that result in their clothing becoming excessively dirty or in duties

69 that require identifying uniforms. Any uniform purchased by the City for an employee during his or her employment must be returned, upon termination, resignation or retirement, to the Supervisor; and

3. To comply with federal, state or local laws.

Section 13.2 Other Uniform Guidelines

1. Safety Footwear (i.e., steel toe/steel shank), appropriate foot protection shall be required for employees who are exposed to foot injuries from electrical hazards, hot, corrosive, poisonous substances, falling objects, crushing or penetrating actions, working with large animals, operating air tools, tamping trenches, and the like. Footwear that is defective or inappropriate to the extent that its ordinary use, creates the possibility of foot injuries shall not be worn.

2. Uniforms shall be worn in accordance with departmental regulations in addition to those set forth above. Field employees may wear Cityprovided hats as part of their uniform.

3. The City shall purchase all special equipment and uniforms required of an employee in relation to his/her job duties.

ARTICLE XIV. PROHIBITION ON DRUGS & ALCOHOL IN THE WORKPLACE (ADMIN POLICY 308)
City is committed to a drug and alcohol free workplace.

City’s full policy related to a Drug and Alcohol Free Workplace can be found in Administrative Policy No. 308. All employees are required to read this policy at least once per year and are required to comply with the policy at all times. For questions regarding the City’s Administrative Policy No. 308 related to City’s alcohol and drug free workplace, please contact City’s Human Resources Department.

Failure to comply with Administrative Policy No. 308: Prohibition on Drug and Alcohol in the Workplace may result in discipline up to and including termination of your employment.

ARTICLE XV.POLICY AGAINST DISCRIMINATION, HARASSMENT AND RETALIATION; COMPLAINT PROCEDURE (ADMIN POLICY 307)
City is committed to providing a work environment free of discrimination, harassment, and retaliation. The City has zero tolerance for any conduct that violates this policy.

Conduct need not violate either federal or state law in order to constitute a violation of this policy.

70 Your duties and responsibilities in relation to the City’s Anti-Discrimination, Harassment and Retaliation Policy and Complaint Procedure are fully set forth in Administrative Policy No. 307. You are responsible for reviewing the policy at least once each year and complying with the policy at all times.

Failure to comply with Administrative Policy No. 307: Policy Against Discrimination, Harassment, Retaliation and Complaint Procedure (including failure to comply with the reporting requirements) may result in discipline up to and including termination of your employment.

The City encourages all covered individuals to report any conduct that they believe violates this policy as soon as possible. The City expressly prohibits any retaliation against an employee because they filed or supported a complaint or because they participated in the investigation or complaint resolution process. Individuals found to have retaliated against an employee in violation of this policy will be subject to appropriate sanction or disciplinary action, up to and including termination.

If you are aware of an incident, or any behavior, which violates (or potentially violates) the City’s Anti-Discrimination, Harassment and Retaliation Policy, you have a duty to promptly report the incident to your Supervisor, or to Human Resources. Also, you may choose to report incidents through City’s anonymous reporting hotline at (800) 576-5262 or online at “employeeprotectionline.com” and enter Access Code number “10395.”
ARTICLE XVI. VIOLENCE IN THE WORKPLACE POLICY (ADMIN POLICY 507) The City is committed to providing a safe and secure workplace for all employees and visitors which is free from violence, threats, intimidation, hostile acts and disruptive behavior. The workplace includes any location where City business is conducted, including vehicles and parking lots. The City prohibits acts or threats of violence, and any person who commits such acts is subject to disciplinary action, up to and including termination, and/or civil or criminal prosecution.

Your duties and responsibilities in relation to the City’s Violence in the Workplace Policy and reporting procedures are fully set forth in Administrative Policy No. 507.

You are responsible for reviewing the policy at least once each year and complying with the policy at all times.

Failure to comply with Administrative Policy No. 507: Violence in the Workplace Policy (including failure to comply with the reporting requirements) may result in discipline up to and including termination of your employment.

If you are aware of an incident, or any behavior, which violates (or potentially violates) the City’s Violence in the Workplace Policy, you have a duty to promptly report the incident to your Supervisor, or to Human Resources. Also, you may choose to report incidents through City’s anonymous reporting hotline at (800) 576-5262 or online at “employeeprotectionline.com” and enter Access Code number “10395.”

71 ARTICLE XVII. VEHICULAR ACCIDENT / INCIDENT REPORTING The City’s policy and procedure for reporting vehicular accidents/incidents is set forth in Administrative Policy Number 502. All employees are responsible for reviewing the policy at least once each year and must comply with this Administrative Policy when involved in or reporting a vehicular accident/incident.

ARTICLE XVIII. MISCELLANEOUS POLICIES AND PROCEDURES
Section 18.1 Travel Policy
All travel shall be conducted pursuant to policies and procedures set forth in City’s Administrative Policy Number 303. All employees are responsible for reviewing the policy at least once each year and must comply with this Administrative Policy regarding travel.

Section 18.2 Identification Card
All City employees are issued an identification (“ID”) badge. ID badges are the property of the City of Norco and shall be surrendered upon separation of employment or requested by management.

The City’s policy and procedure for proper use of a City ID badge is set forth in Administrative Policy Number 607. All employees are responsible for reviewing the policy at least once each year and must comply with this Administrative Policy. Failure to comply with the policy may lead to discipline, up to and including, termination of employment.

Section 18.3 Employee Parking
Parking is provided for City employees. Please check with your supervisor to determine which location you are to use for parking.

Section 18.4 Personal Appearance and Conduct
The City is a public service organization and will be judged by its employees.

Therefore, as an employee, you are expected to dress neatly and be well-groomed at all times. As a representative of the City, an employee is expected to conduct himself/herself in a polite and courteous manner.

The City’s policy regarding attire and grooming is set forth in Administrative Policy Number 316 which is applicable to all employees, contract workers, temporary staff, and volunteers. All City employees must comply with this Administrative Policy.

72 Section 18.5 Meal Period/Rest Period
NGEA and Local 606 employees should refer to their MOU.

Regular work hours include two (2) rest periods and a lunch period. The lunch period is one (1) hour for employees who work an nine-hour day. All lunch breaks are without pay. Lunch periods may be shorter for employees who work different shifts.

Two fifteen-minute rest periods will be provided to employees for each four hour period of service. These breaks are intended to provide a break from the regular work routine and are encouraged to be used but not abused. Employees are not permitted to substitute breaks in lieu of arriving to work late or leaving from work early. Rest periods may not be combined to shorten the workday or to extend the meal period.

First Meal Break Waiver. Employees can waive the meal period and work during such time when the employee’s total day’s work will be completed within a work period of not more than six (6) hours and only after receiving a fully executed “Meal Break Waiver Agreement” from City’s Human Resources Division.

Second Meal Break Waiver. Employees can waive the second meal period and work during such time when my total day’s work will be completed within a work period of not more than twelve (12) hours and only after receiving a fully executed “Meal Break Waiver Agreement” from City’s Human Resources Division.

Section 18.6 Attendance
If you know you are going to be late or absent, notify your supervisor, fill out a “Time Off Request” online and return it to your supervisor for approval.

Emergencies happen to everyone and you may be late or absent due to conditions beyond your control. If this occurs, contact your supervisor, Department Head or Human Resources as soon as possible, explain the circumstances and let him/her know when you expect to arrive at work. This is the only procedure that will be counted as a reported absence.

Excessive absenteeism, whether excused or unexcused, or inconsistent attendance is grounds for disciplinary action.

Section 18.7 Lactation Accommodation
As part of our family-friendly policies and benefits, the City supports breastfeeding mothers by accommodating the mother who wishes to express milk during her workday when separated from her newborn child. Employees are entitled to a reasonable amount of time each time the employee has a need to express breast milk.

Additional accommodation requests may be made to the employee’s supervisor, department head, or the Human Resources Manager.

73 Any permanent full or part-time employee working thirty (30) or more hours per week who is breastfeeding will be provided up to two (2) break periods of twenty (20) minutes each plus an additional twenty (20) minutes during the lunch period to express milk for the newborn. The employee and immediate supervisor will agree on the times in a private location for these breaks.

Temporary Part-time employees working less than thirty (30) hours per week shall be similarly accommodated for extended lactation breaks; however, such requested breaks will be considered as non-compensable time.

Upon request the City will provide employees with a lactation location that will be private and free from intrusion while the employee expresses breast milk, will only be used for lactation purposes while the employee expresses breast milk, and will meet any other requirements for lactation accommodations found in Labor Code sections 1030 through 1034. Failure to accommodate should be reported to the Human Resources Manager, and the employee has a right to file a complaint for failure to accommodate with the California Labor Commissioner.

Section 18.8 Volunteering at City Events Policy
PURPOSE: The purpose of this policy is to permit employees to volunteer their time for City-sponsored events when the events being volunteered for are not part of the employee’s normal job functions.

INTRODUCTION: While the City appreciates the dedication and effort of its employees and their willingness to donate their time, employees may volunteer their time to City events or projects only as defined by the Fair Labor Standards Act (“FLSA”). FLSA sets the definition of what is volunteerism or what is paid work, based on the employee’s job description.

POLICY AND PROCEDURE: An employee may volunteer his/her time to Citysponsored events only in a different capacity from his/her normal job duties. For example, a clerk typist may not volunteer to type flyers for a City-sponsored event. On the other hand, a clerk typist may volunteer his/her time to install holiday decorations at City Hall, as the work being done on a volunteer basis is in a different capacity than his/her normal job duties.

Under no circumstances will an employee be required to volunteer time. An employee may feel free to decline any request or opportunity to volunteer his or her time with regard to City-sponsored events whether it is from his/her supervisor or co-workers and regardless of whether the event is in a different capacity or not.

Supervisors are strictly prohibited from requiring employees to perform volunteer services. Departments using employee volunteers for City-sponsored events must verify that the employee is not performing similar services as his/her normal job duties prior to accepting any volunteer work from that person. The volunteer activity should

74 be compared to the employee’s job description. Further interpretation, if necessary, should be requested from Human Resources.

This policy applies to all City departments. Therefore, an employee may not do volunteer work in the same capacity as his/her normal job duties for another department. For purposes of this policy, City employees are all deemed employees of the City, rather than employees of individual departments.

The City requires that all employees sign an Acknowledgment Form acknowledging that they have read, understand, and will abide by the City’s volunteering policy. This signed copy will be placed in the employee’s personnel file.

75 ARTICLE XIX.CHART OF ADMINISTRATIVE POLICIES REFERENCED IN THIS MANUAL
Admin. Policy No. Description
303 Travel Policy
307 Policy Against Discrimination,
Harassment and Retaliation; Complaint
Procedure
308 Prohibition on Drugs and Alcohol in the
Workplace
507 Violence in the Workplace
NOTE: This is NOT a comprehensive list of the City’s Administrative Policies and all employees are expected to review the full list of City’s Administrative Policies at least one per year and to adhere to the City’s policies at all times whether the policy is reflected in this manual or not. All Administrative Policies can be found on the City’s intranet. For questions about where to find the City’s Administrative Policies, or about the policies themselves, contact the City’s Human Resources department.

76 ARTICLE XX.CITY OF NORCO MEAL BREAK WAIVER AGREEMENT I agree to waive my meal periods as follows:

First Meal Break
I understand that I am entitled to an unpaid meal break of not less than 30 minutes on any day that I work more than five (5) hours. However, I understand that I can waive the meal period and work during such time when my total day’s work will be completed within a work period of not more than six (6) hours. ________ (Initial) Accordingly, I agree to waive the meal period whenever my total day’s work will be completed within a work period of not more than six (6) hours.

Second Meal Break
I understand that I am entitled to a second unpaid meal break of not less than 30 minutes on any day that I work more than ten (10) hours. However, I understand that I can waive the second meal period and work during such time when my total day’s work will be completed within a work period of not more than twelve (12) hours. ________ (Initial) Accordingly, I agree to waive the second meal break whenever my total day’s work will be completed within a work period of not more than twelve (12) hours.

I enter into this agreement freely and voluntarily. I understand that this agreement can be revoked in writing by either me or the City, without employment consequences, at any time.

Employee Name (please print):

Employee Signature: Date:

City Representative Name:

City Representative Signature: Date:

REVOCATION: I hereby revoke this
waiver.

Employee Signature:

Date:

77 ARTICLE XXI. FLOWCHART DEPICTING DISCIPLINE PROCEDURE

78 ARTICLE XXII. FLOWCHART DEPICTING COMPLAINT PROCEDURE

79 ARTICLE XXIII. FLOWCHART DEPICTING GRIEVANCE PROCEDURE

80 ARTICLE XXIV. FLOWCHART DEPICTING APPEAL PROCESS

City Council

STAFF REPORT
Date: October 1, 2025 Agenda Item:

3.F.

To: Honorable Mayor and City Council Members
From: Lisette Free, City Manager
Prepared By: Dana Roa, City Clerk
Department: Administration
SUBJECT:

Adoption of Resolution 2025-62 to Authorize Participation in the National Opioid Settlements
RECOMMENDATION:

Adopt Resolution 2025-62 to Authorize Participation in the National Opioid Secondary Manufacturers Settlements.

SUMMARY:

A new national opioid settlement (“Secondary Manufacturers Settlements”) has been reached with eight opioids manufacturers: Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus (“Settling Defendants”). The City must "opt in" to participate.

BACKGROUND:

In 2022, the City of Norco opted to participate in the Janssen Distributors Opioid Settlement Agreement. In 2024, the City also joined the Kroger Settlement Agreement.

Previous funds received have been allocated for specific purposes related to the opioid epidemic, such as purchasing Naloxone (Narcan) or other FDA-approved drugs to reverse opioid overdoses, and providing training and education, among other uses.

A new nationwide settlement agreement ("Settlement") has been reached to resolve the legal claims of states and local political subdivisions against eight opioids manufacturers: Alvogen, Amneal, related to alleged opioid misconduct.

The Settlement requires these companies to pay over a billion dollars to combat the opioid epidemic. A percentage of this Settlement will be used by participating states and subdivisions to mitigate the impacts of the opioid crisis. Depending on participation, the Settlement mandates payments over eleven years from its effective date.

Additionally, the Settlement includes injunctive relief governing opioid dispensing and requires each company to implement proactive safeguards to prevent the diversion of prescription opioids.

The proposed settlement involves two key participation steps:

Apotex, Hikma, Indivior, Mylan, Sun, and Zydus
 Each eligible state decides whether to participate in the Settlement.  Eligible subdivisions within each participating state must decide whether to join the Settlement. The more subdivisions that participate, the more funds flow to that state and its subdivisions. Subdivisions that do not participate cannot directly share in the settlement funds, even if their state is participating. If a state does not participate, its subdivisions are not eligible to join the Settlement.

The state of California has elected to participate in the Settlement, allowing the City of Norco, as a subdivision, to participate as well.

The funds received from this new settlement, along with previous funds, will be used to support City Programs addressing the opioid epidemic and to increase awareness among parents, grandparents, and other caregivers about their responsibilities in helping young people avoid the negative consequences of drug use.

FISCAL IMPACT:

The fiscal impact is currently undetermined. The extent of the impact will depend on the level of participation by states and their subdivisions. As more subdivisions participate, the flow of funds to the state and its subdivisions will increase accordingly.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Direction No. 1 - "Public Health, Safety and Wellness" - Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Joshua Calhoun, Finance Director Approved by: Lisette Free, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):

California Sample Packet Opioids
Resolution No 2025-62 Opiod Settlement Participation

New National Opioids Settlement: Secondary Manufacturers Opioids Implementation Administrator
[email protected]
Test City, CA
Reference Number: CL-1774787
TO LOCAL POLITICAL SUBDIVISIONS:

THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW NATIONAL OPIOIDS SECONDARY MANUFACTURERS SETTLEMENTS. YOU MUST TAKE ACTION IN ORDER TO PARTICIPATE.

Deadline: October 8, 2025
A new proposed national opioids settlement (“Secondary Manufacturers Settlements”) has been reached with eight opioids manufacturers: Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus (“Settling Defendants”). This Combined Participation Package is a follow-up communication to the Notice of National Opioids Settlement recently received electronically by your subdivision.

You are receiving this Combined Participation Package because California is participating in the Secondary Manufacturers Settlements.

If a state is not eligible to or does not participate in the settlement with a particular manufacturer, the subdivisions in that state are not eligible to participate in that manufacturer’s settlement.

This electronic envelope contains nine attachments:
 A Combined Participation Form for the Secondary Manufacturers Settlements that your subdivision is eligible to join, including a release of any claims.  California State-Subdivision Agreements for Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus (“California State-Subdivision Agreements”).

The Combined Participation Form and all eight California State-Subdivision Agreements must be executed, without alteration, and submitted on or before October 8, 2025, in order for your subdivision to be considered for initial participation calculations and payment eligibility under the Secondary Manufacturers Settlement.

Based upon Combined Participation Forms received on or before October 8, 2025, the subdivision participation rate will be used to determine whether participation is sufficient for each settlement to move forward and whether a state earns its maximum potential payment under each settlement. If a settlement moves forward, your release will become effective. If a settlement does not move forward, that release will not become effective.

Docusign Envelope ID: CA0E1D04-E7DC-4D92-861C-535F2F4DD84C

Any subdivision that does not participate cannot directly share in the settlement funds, even if the subdivision’s state is settling and other participating subdivisions are sharing in settlement funds. Any subdivision that does not participate may also reduce the amount of money for programs to remediate the opioid crisis in its state.

Please note, a subdivision will not necessarily directly receive settlement funds by participating; decisions on how settlement funds will be allocated within a state are subject to intrastate agreements or state statutes.

You are encouraged to discuss the terms and benefits of the Secondary Manufacturers Settlements with your counsel, your Attorney General’s Office, and other contacts within your state. Many states are implementing and allocating funds for this new settlement the same as they did for the prior opioids settlements but states may choose to treat this settlement differently.

Information and documents regarding the Secondary Manufacturers Settlements, implementation in your state, and how funds will be allocated within your state can be found on the national settlement website at https://nationalopioidsettlement.com/ and the California Attorney General’s website at https://oag.ca.gov/opioids. These websites will be supplemented as additional documents are created.

This Participation Packet is different than the participation packet you recently received from Rubris concerning a settlement with Purdue Pharma, L.P, and the Sackler Family. The Secondary Manufacturers Settlements discussed in this Participation Packet are different than the settlement with Purdue and the Sacklers, and you may participate in the Secondary Manufacturers Settlements regardless of whether you join the Purdue and Sackler settlement.

How to return signed forms:

There are three methods for returning the executed Combined Participation Form, the eight California State-Subdivision Agreements, and any supporting documentation to the Implementation Administrator:
(1)Electronic Signature via DocuSign: Executing the Combined Participation Form electronically through DocuSign will return the signed form to the Implementation Administrator and associate your form with your subdivision’s records. Electronic signature is the most efficient method for returning the Combined Participation Form, allowing for more timely participation and the potential to meet higher settlement payment thresholds, and is therefore strongly encouraged.
(2)Manual Signature returned via DocuSign: DocuSign allows forms to be downloaded, signed manually, then uploaded to DocuSign and returned automatically to the Implementation Administrator. Please be sure to complete all fields. As with electronic signature, returning a manually signed Combined Participation Form via DocuSign will associate your signed forms with your subdivision’s records.

Docusign Envelope ID: CA0E1D04-E7DC-4D92-861C-535F2F4DD84C

(3)Manual Signature returned via electronic mail: If your subdivision is unable to return an executed Combined Participation Form using DocuSign, the signed Combined Participation Form may be returned via electronic mail to [email protected]. Please include the name, state, and reference ID of your subdivision in the body of the email and use the subject line Combined Settlement Participation Form – [Subdivision Name, Subdivision State] – [Reference ID].

Detailed instructions on how to sign and return the Combined Participation Form and eight California State-Subdivision Agreements, including changing the authorized signer, can be found at https://nationalopioidsettlement.com/additionalsettlements/. You may also contact [email protected].

The sign-on period for subdivisions ends on October 8, 2025.

If you have any questions about executing the Combined Participation Form, please contact your counsel, the Implementation Administrator at [email protected], or the California Attorney General’s Office at [email protected].

Thank you,
Secondary Manufacturers Settlements Implementation Administrator The Implementation Administrator is retained to provide the settlement notice required by the Secondary Manufacturers Settlements and to manage the collection of the Combined Participation Form.

Docusign Envelope ID: CA0E1D04-E7DC-4D92-861C-535F2F4DD84C

RESOLUTION 2025-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO, CALIFORNIA, TO

AUTHORIZE PARTICIPATION IN OPIOID SETT LEMENT AGREEMENT WHEREAS, a new national opioid settlement (“Secondary
Manufacturers Settlements”) has been reached with eight opioids manufacturers:

Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus (“Settling Defendants”));
WHEREAS, the details of each said settlement may be reviewed at https://nationalopioidsettlement.com/additional-settlements/; WHEREAS, the Settlement Agreements provide participants with funds to be used for the purpose of mitigating the effects of opioid abuse in their respective communities;
WHEREAS, the Attorney General of the State of California has approved participation in the Settlement Agreements;
WHEREAS, it appears in the best interests of the City of Norco to participate in the Settlement Agreements and receive and use settlement funds for the purpose of mitigating the effects of opioid abuse in this community; NOW THEREFORE BE IT RESOLVED, that the Mayor and Council of the City of Norco hereby authorize the City of Norco to participate in the Settlement Agreements; BE IT FURTHER RESOLVED, that the City Manager and Finance Director of the City of Norco are hereby authorized to execute all documents as may be required to opt in to the Settlement Agreements;
BE IT FURTHER RESOLVED, that the City Manager and Finance Director of the City of Norco be, and hereby are, authorized and empowered to take other such actions and to execute for and on behalf of the City any other such documents in connection with said transaction, including the filing of any required reports, along with such other documents, instruments, certificates, assignments, and papers which, in the judgment of the City Manager or Finance Director, may be necessary and desirable to effect the proposed transaction. Such agreements, instruments, certificates, assignments, papers and/or documents shall be in such form and contain such terms and conditions as may be approved by the City Manager and Finance Director on behalf of the City in accordance with this Resolution, and the execution of such agreements, instruments, certificates, assignments, papers, and documents by the City Manager and Finance Director on behalf of the City are herein authorized and shall be conclusive evidence of any such approval.

BE IT FURTHER RESOLVED, that all acts and doings of the City Manager and Finance Director in connection with the proposed transaction which are in conformity with the purposes and intents of these Resolutions and in furtherance of the transaction contemplated hereby and thereby shall be, and the same hereby are, in all respects approved and confirmed.