ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA
95677
Website:
www.rocklin.ca.us
September 12, 2023
General Session at 6:00 p.m.
AMENDED AGENDA
*Item 5.A Urgency Ordinance and Regular Ordinance
Prohibiting Syringe Exchange Programs has been
added post-publication. Please see updated item 5A.
KEN BROADWAY,
Mayor
GREG JANDA,
Vice Mayor
DAVID BASS,
Council Member
JILL GAYALDO,
Council Member
BILL HALLDIN,
Council Member
ALY ZIMMERMANN,
City Manager
DANIEL CUCCHI,
Interim City Attorney
DANIEL CHOE,
City Treasurer
HALEY REID,
Acting City Clerk
HOW TO PARTICIPATE
The City of Rocklin welcomes your interest and involvement in the City's legislative process. The City Council has established a procedure for addressing the Council. Persons wishing to address the City Council are asked to voluntarily complete and submit a speaker identification sheet to the City Clerk.
Speaker identification sheets are available near the entrance of the Council Chambers. For items listed on the agenda, any person may address the City Council at the time the item is considered. For items not listed on the agenda, any person may do so under Citizens Addressing the City Council. Speakers are requested to restrict their comments to the item as it appears on the agenda and stay within the required five minute time limit. The Brown Act does not permit the City Council to take action on items brought up under Citizens Addressing the City Council.
WRITINGS RECEIVED AFTER AGENDA POSTING
Any writing or documents related to an agenda item for this meeting provided to the City Council, Public Financing Authority or Successor Agency will be made available for public inspection at City Hall, 3970 Rocklin Road, Rocklin, during normal business hours.
AMERICANS WITH DISABILITIES ACT
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting or other services in conjunction with this meeting, including receiving notices, agendas, and other writings in appropriate alternative formats, please contact our office at (916) 625- 5560 at least 48 hours prior to the meeting or time when services are needed so that we may make every reasonable effort to accommodate you.
AUDIO/VISUAL PRESENTATIONS
If making a presentation regarding an agenda item, all audio/visual materials must be submitted to the City Clerk or Secretary at least 72 hours in advance. The City is not responsible for the compatibility or operation of non-city devices or the functionality of non-city presentations.
City Council Regular Meeting Agenda of September 12, 2023 1 The public may listen to audio or view the meeting via live stream at https://www.rocklin.ca.us/agendas-minutes
.
The public is welcome to attend in person or participate virtually.
For those that do not plan on attending in person, but wish to make a public comment during the meeting, public comments will be accepted in email form up until 3:00 p.m. on the meeting day.
Public comments should be submitted to the City Clerk at [email protected].
Emailed public comments will be distributed to City Council and treated as a public record.
Zoom Participation Via Computer Or Smartphone
You can join the meeting from your computer using a web browser or the Zoom software (if it is installed). You can also join the meeting using the Zoom app on your Apple IOS or Android device. Click the link below to join the Zoom meeting:
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1. REPORTS FROM CITY COUNCIL AND CITY MANAGER
2. CONSENT CALENDAR
POSTING OF AGENDA
In accordance with Government Code Section 54954.2(a) this agenda was posted on the City's bulletin board at City Hall, 3970 Rocklin Road, Rocklin, and City of Rocklin website at www.rocklin.ca.us.
AGENDA
MEETING
INSTRUCTIONS
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA REVIEW
CITIZENS ADDRESSING THE CITY COUNCIL
City Council Regular Meeting Agenda of September 12, 2023 2 2A.
Minutes of August 22, 2023 Regular Meeting of City Council 2B.
Proclamation Recognizing Retiring Rocklin Police Department Captain Trent Jewell
2C.
2023 Wall of Recognition Recommendations
2D.
Response to 2022-2023 Grand Jury Report: Spending on Homelessness Within Placer County
2E.
Quarterly Treasurer's Report
2F.
Accounts Paid List - April 1, 2023 to June 30, 2023
2G.
2023 - 2026 AFSCME MOU
2H.
Placer County Treasurer's Investment Pool - Designation of Authorized Staff
Recommendation:
Approve the Minutes of the August 22, 2023 Regular City Council Meeting
Staff Presentation by Haley Reid, Acting City Clerk
Recommendation:
Present a City Council Proclamation Recognizing Retiring Rocklin Police Department Captain Trent Jewell
Staff Presentation by Haley Reid, Acting City Clerk
Recommendation:
Approve the 2023 Wall of Recognition recommendations made by the Community Recognition Commission
Staff Presentation by Elizabeth Sorg, Management Analyst
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the Mayor to Execute a Response on Behalf of the City Council 2022- 23 Grand Jury Final Report: Spending on Homelessness Within Placer County.
Staff Presentation by Aly Zimmermann, City Manager
Recommendation:
Receive the Treasurer's Report for the Quarter Ending June 30, 2023.
Staff Presentation by Megan Bressem, Management Analyst
Recommendation:
Receive the Accounts Paid List for April 1, 2023 to June 30, 2023.
Staff Presentation by Daniel Choe, Deputy Director of Administrative Services
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Adopting the Negotiated Memorandum of Understanding Between the City of Rocklin and AFSCME Council 57, Local 146 AFL-CIO Representing the Public Service Employees Bargaining Unit, Repealing the Provisions of Any Resolutions in Conflict Herewith, and Approving Associated Salary Schedules.
Staff Presentation by Tameka Usher, Administrative Services Director
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Authorizing Investment of Monies in the Placer County Treasurer's Investment Pool, and Designating Staff Authorized to Deposit and Withdraw Monies.
Staff Presentation by Daniel Choe, Deputy Director of Administrative Services
City Council Regular Meeting Agenda of September 12, 2023 3 2I.
Management, Confidential, and Unrepresented Employees; Updated Resolution and Salary Schedule Adoption
2J.
Reimbursement for Fire Department Mutual Aid Responses
2K.
On-Call Planning Services Contract
2L.
Purchase of a Driving Under the Influence Education and Enforcement Trailer 2M.
Purchase of Crime Scene Investigation Van
2N.
SWRA East Pathway Phase II Project NOC
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Adopting Rules, Regulations, Benefits, and Policies Relating to Employee Relations Between the Management, Confidential, and Unrepresented Employees and the City, Repealing the Provisions of Any Resolutions in Conflict Herewith, and Approving Revised Salary Schedules for Management and Confidential Employees.
Staff Presentation by Tameka Usher, Administrative Services Director
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Authorizing Fire Department Response and Reimbursement when deployed from Official Duty Station and Assigned to a California Office of Emergency Services Emergency Incident.
Staff Presentation by Shawn Watkins, Deputy Fire Chief
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute a Contract for Services with CSG Consultants, Inc.
Staff Presentation by David Mohlenbrok, Director of Community Development
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the Purchase of One Driving Under the Influence (DUI) Education and Enforcement Trailer; Authorizing the City Manager to Execute the Necessary Purchase Documents with Ultra Haulers; and Authorizing a Budget Appropriation.
Staff Presentation by Justin Nartker, Director of Public Services
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the Purchase of One (1) Sentry Transit Crime Scene Investigation (CSI) Van from Gerling and Associates, Inc. and Authorizing the City Manager to Execute the Necessary Purchase Documents.
Staff Presentation by Juatin Nartker, Director of Public Services
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Accepting the Additional Construction on the Public Work Known as SWRA East Pathway Phase II Project, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Consolidated Engineering, Inc.).
Staff Presentation by Justin Nartker, Director of Public Services City Council Regular Meeting Agenda of September 12, 2023 4 2O.
Mountaingate Drive Roadway Replacement NOC
2P.
Cooperative Purchase Agreements
2Q.
Whitney Ranch Community Park Cell Tower Project
2R.
Johnson-Springview Park Cell Tower Project
3. SPECIAL PRESENTATIONS
3A.
Proclamation Recognizing Retiring Rocklin Police Department Captain Trent Jewell
4. PUBLIC HEARINGS
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as the Mountaingate Drive Roadway Replacement, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Central Valley Engineering and Asphalt, Inc.).
Staff Presentation by Justin Narkter, Director of Public Services
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the City Manager to Purchase Goods and Services through Cooperative Purchase Agreements for Fiscal Year 2023/24.
Staff Presentation by Justin Nartker, Director of Public Services
Recommendation:
A
.
Adopt a Resolution of the City Council of the City of Rocklin Approving a Notice of Exemption (AT&T - Whitney Ranch Community Park Cell Tower Project).
B
.
Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute an Option and Tower Structure License Agreement (AT&T - Whitney Ranch Community Park Cell Tower Project).
Staff Presentation by Jeff Scanlon, Administrative Analyst
Recommendation:
A
.
Adopt a Resolution of the City Council of the City of Rocklin Approving a Notice of Exemption (AT&T - Johnson-Springview Park Cell Tower Project).
B
.
Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute an Option and Tower Structure License Agreement (AT&T - Johnson-Springview Park Cell Tower Project).
Staff Presentation by Jeff Scanlon, Administrative Analyst
City Council Regular Meeting Agenda of September 12, 2023 5 4A.
Annexation Into Community Facilities District No. 1 (Maverik Gas Station, APN 017-283-047-000)
4B.
2022 Consolidated Annual Performance and Evaluation Report (CAPER) 4C.
Sidewalk Vending Regulations
5. DISCUSSION ITEMS
Recommendation:
A
.
Conduct a Public Hearing to consider testimony.
B
.
Adopt a Resolution of the City Council of the City of Rocklin of Annexation of Territory to Community Facilities District No. 1 (Annexation No. 78), Authorizing the Levy of a Special Tax, and Submitting Levy of Tax to Qualified Electors (Maverik Gas Station, APN 017-283-047-000).
C
.
Adopt a Resolution of the City Council of the City of Rocklin Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien Pertaining to Community Facilities District No. 1 (Annexation No. 78) (Maverik Gas Station, APN 017-283-047-000).
Staff Presentation by Megan Bressem, Management Analyst
Recommendation:
A
.
Conduct a Public Hearing to Consider Testimony.
B
.
Adopt a Resolution of the City Council of the City of Rocklin Authorizing Staff to Submit the 2022 Consolidated Annual Performance and Evaluation Report (CAPER) and Authorizing the City Manager to Execute and File All Documents Required for Submittal to the U.S. Department of Housing and Urban Development (HUD).
Staff Presentation by Sherri Conway, Assistant City Manager
Recommendation:
A
.
Conduct a Public Hearing to consider testimony.
B
.
Introduce, Waive the Full Reading and Read by Title Only, an Ordinance of the City Council of the City of Rocklin Adding Chapter 5.26 to Title 5 of the Rocklin Municipal Code to Establish Sidewalk Vending Regulations.
Staff Presentation by David Mohlebrok, Director of Community Development
City Council Regular Meeting Agenda of September 12, 2023 6 5A.
Urgency Ordinance and Regular Ordinance Prohibiting Syringe Exchange Programs
6. FUTURE AGENDA ITEMS
Recommendation:
A
.
Adopt an Urgency Ordinance of the City Council of the City of Rocklin adding Chapter 5.46 to Title 5 of the Rocklin Municipal Code prohibiting syringe exchange programs from operating in the City of Rocklin, and Finding and Determining that the Urgency Ordinance is not subject to the California Environmental Quality Act pursuant to the CEQA Guidelines Sections 15061(b)(3), and 15378.
B
.
Introduce, waive full reading, and read by title only an Ordinance of the City Council of the City of Rocklin adding Chapter 5.46 to Title 5 of the Rocklin Municipal Code prohibiting syringe exchange programs from operating in the City of Rocklin, and Finding and Determining that the Ordinance is not subject to the California Environmental Quality Act pursuant to the CEQA Guidelines Sections 15061(b)(3), and 15378.
Staff Presentation by Rustin Banks, Police Chief
ADJOURNMENT
City Council Regular Meeting Agenda of September 12, 2023 7 City Council
Staff Report
Subject:
Minutes of August 22, 2023 Regular Meeting of City Council Date:
September 12, 2023
Submitted By:
Haley Reid, Acting City Clerk
Department:
City Clerk's Office
Recommendation:
Approve the Minutes of the August 22, 2023 Regular City Council Meeting Item Number 2A.
ATTACHMENTS:
1. DRAFT - Meeting Minutes of August 22, 2023
8 REGULAR MEETING OF THE
ROCKLIN CITY COUNCIL
August 22, 2023
GENERAL SESSION at 6:00 p.m.
Council Chambers
3970 Rocklin Road, Rocklin, CA 95677
www.rocklin.ca.us
MEETING MINUTES
-DRAFT-
CALL TO ORDER
Mayor Broadway called the meeting to order at 6:00 p.m.
ROLL CALL
Councilmembers: David Bass, Jill Gayaldo, Bill Halldin, Greg Janda, Mayor Ken Broadway
PLEDGE OF ALLEGIANCE
Mayor Broadway led the pledge of allegiance.
AGENDA REVIEW
None.
CITIZENS ADDRESSING THE CITY COUNCIL
Benjamin Bjorkman addressed the City Council regarding the closure of CBC Rustic Designs on Rocklin Road.
1. REPORTS FROM CITY COUNCIL AND CITY MANAGER
City Council Reports
Councilmember Halldin thanked the team that worked on National Night Out.
Councilmember Gayaldo reported attendance at the welcome new teachers orientation at the Rocklin Unified School District, the ribbon cutting for the new Placer County Clerk Recorders office in Rocklin, the Placer Mosquito & Vector Control District board meeting, and the Sacramento Area Council of Governments (SACOG) board meeting.
Councilmember Bass expressed appreciation for the Church of Jesus Christ of Latter-Day Saints for inviting him to the new Feather River temple. Additionally, he expressed appreciation for the Rocklin Police Department, Rocklin Unified School District for assisting local businesses with an issue regarding student activity.
Mayor Broadway reported attendance at the ribbon cutting for the new Placer County Clerk Recorders office, and the West Placer Waste Management board meeting. 9 Regular Meeting Minutes of August 22, 2023
2 | P a g e
City Manager Report
City Manager Aly Zimmermann highlighted upcoming City events happening at Quarry Park including, Collin Raye, Dave Koz, Ever Clear, and Patriot Day. She advised that City facilities will be closed Monday, September 4, 2023 in observance of the Labor Day holiday.
2. CONSENT CALENDAR
2A. Minutes of the August 8, 2023 Regular Meeting of the City Council Action: Approved the Minutes of the August 8, 2023 Regular Meeting of the City Council. 2B. League of California Cities 2023 Annual Conference - Appointment of Voting Delegate Action: Appointed Mayor Ken Broadway as the Voting Delegate to the League of California Cities 2023 Annual Conference.
2C. Police Department Men's Locker Room Shower Refurbishment Notice of Completion Action: Adopted Resolution No. 2023-124 of the City Council of the City of Rocklin Accepting the Public Work Known as Police Department Men’s Locker Room Shower Refurbishment, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (PBM Construction, Inc.). 2D. Springview Area Road Resurfacing (Cape Seal) Notice of Completion Action: Adopted Resolution No. 2023-125 of the City Council of the City of Rocklin Accepting the Public Work Known as Springview Area Road Resurfacing (Cape Seal), Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (American Pavement Systems, Inc.). 2E. Springview Drive Pipe Replacement Project Notice of Completion Action: Adopted Resolution No. 2023-126 of the City Council of the City of Rocklin Accepting the Public Work Known as Springview Drive Pipe Replacement Project, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Glissman Excavating, Inc.). 2F. Reallocation of Director of Long-Range Planning and Housing to Principal Planner and Adoption of a Principal Planner Salary Range
Action: Adopted Resolution No. 2023-127 of the City Council of the City of Rocklin Reallocating One Director of Long-Range Planning and Housing to Principal Planner; and Adopting Revised Management Employees' Salary Schedule.
2G. Pulled for discussion
2H. Pulled for discussion
Motion to approve Consent Calendar item Nos. 2A. – 2F. by Vice Mayor Janda, seconded by Councilmember Gayaldo. Passed by the following vote:
Ayes: Bass, Broadway, Gayaldo, Halldin, Janda
Noes: NONE
Absent: NONE
Abstain: NONE
10 Regular Meeting Minutes of August 22, 2023
3 | P a g e
2G. Sierra Joint Community College District Transfer of Land to City of Rocklin Action: Adopted Resolution No. 2023-128 of the City Council of the City of Rocklin Authorizing the City Manager to Enter into an Agreement with the Sierra Joint Community College District for the Transfer of Fee Title for Two Properties.
Mayor Broadway asked City Attorney Cucchi to provide clarification regarding the contract with the Sierra Join Community College District.
Motion to approve Consent Calendar item No. 2G by Councilmember Gayaldo, seconded by Vice Mayor Janda. Passed by the following vote:
Ayes: Bass, Broadway, Gayaldo, Halldin, Janda
Noes: NONE
Absent: NONE
Abstain: NONE
2H. Resolution Opposing the Release of a Sexually Violent Predator in South Placer Action: Adopted Resolution No. 2023-129 of the City Council of the City of Rocklin Opposing the Release of a Sexually Violent Predator into the Incorporated Areas of South Placer County.
The Council discussed the Resolution.
Public Comment:
Anthony DeMattei addressed the City Council regarding the item.
Assemblyman Joe Patterson addressed the City Council regarding the item.
Motion to approve Consent Calendar item No. 2H by Councilmember Gayaldo, seconded by Councilmember Halldin. Passed by the following vote:
Ayes: Bass, Broadway, Gayaldo, Halldin, Janda
Noes: NONE
Absent: NONE
Abstain: NONE
3. SPECIAL PRESENTATIONS
3A. Presentation by Assemblyman Joe Patterson
Assemblyman Joe Patterson presented the City Council with a ceremonial check for $500,000, representing an appropriation in the FY 2023/24 California State Budget, to provide assistance in building a bridge to connect Sunset Whitney Recreation Area and Johnson-Springview Park.
City Council comments followed.
3B. Summer Civic Career Program Presentation
11 Regular Meeting Minutes of August 22, 2023
4 | P a g e
Administrative Services Director Tameka Usher provided an update from the 2023 Summer Civic Career Program. Students who completed the program received a certificate and scholarship.
City Council comments followed.
3C. Placer Mosquito & Vector Control District Annual Update Meagan Luevano, Public Information Officer with the Placer Mosquito & Vector Control District, provided an annual update on programming.
Public Comment:
Benjamin Bjorkman provided comment regarding the presentation.
City Council comments followed.
4. PUBLIC HEARINGS
4A. South Whitney Mixed Use Time Extension / Tentative Parcel Map, DL2015-0001; Design Review, DR2014-0016; Oak Tree Preservation Plan Permit, TRE2015-0009; and Tentative Subdivision Map, SD2017-0006
Action:
A. Conducted a Public Hearing to Consider Testimony
B. Adopted Resolution No. 2023-130 of the City Council of the City of Rocklin Approving a One-Year Time Extension of a Tentative Parcel Map (South Whitney Mixed Use Third Time Extension / DL2015-0001)
C. Adopted Resolution No. 2023-131 of the City Council of the City of Rocklin Approving a One-Year Time Extension of a Tentative Subdivision Map, Design Review and Oak Tree Preservation Plan Permit (South Whitney Mixed Use Tentative Subdivision Map Third Time Extension / SD-2017-0006, DR2014-0016, and TRE2015-0009).
Manager of Planning Services Bret Finning presented to Council.
Mayor Broadway opened the public hearing. Seeing no public comment, Mayor Broadway closed the public hearing.
Motion to approve Item No. 4 by Councilmember Gayaldo, seconded by Vice Mayor Janda.
Passed by the following vote:
Ayes: Bass, Broadway, Gayaldo, Halldin, Janda
Noes: NONE
Absent: NONE
Abstain: NONE
5. DISCUSSION ITEMS
None.
12 Regular Meeting Minutes of August 22, 2023
5 | P a g e
6. FUTURE AGENDA ITEMS
Councilmember Gayaldo requested an item to extend park hours.
ADJOURNMENT
Mayor Broadway adjourned the meeting at 7:40 p.m.
Respectfully submitted,
___________________________
Haley Reid, Acting City Clerk
13 City Council
Staff Report
Subject:
Proclamation Recognizing Retiring Rocklin Police Department Captain Trent Jewell
Date:
September 12, 2023
Submitted By:
Haley Reid, Acting City Clerk
Department:
Police
Recommendation:
Present a City Council Proclamation Recognizing Retiring Rocklin Police Department Captain Trent Jewell
Item Number 2B.
ATTACHMENTS:
1. Proclamation Recognizing Captain Trent Jewell Retirement 14 Issued by City Council
Proclamation
WHEREAS, Captain Trent Jewell has been employed with the City of Rocklin Police Department since 2003, and during that time, has provided exemplary service to the City and the Rocklin community; and WHEREAS, Captain Trent Jewell has dedicated over twenty-eight years of his professional career to public service, serving as Captain, Lieutenant, Sergeant, Corporal, and Acting Police Chief; and WHEREAS, during his distinguished career, Captain Trent Jewell held positions such as Support Services Division Commander, Patrol Lieutenant, Youth Services Sergeant, Honor Guard, Field Training Officer, Tactical Flight Officer, Off-Road Motorcycle Officer, Crisis Negotiator, Defensive Tactics and Weaponless Defense Instructor, Major Accident Investigations Team, Training Committee, and Community Oriented Policing Committee Member; and
WHEREAS, throughout his tenure with the City of Rocklin, Trent has demonstrated a remarkable work ethic, tireless dedication to public service, civility and professionalism; and WHEREAS, Captain Trent Jewell is a highly decorated officer in the Department and has received numerous commendations over his long career including; Officer of the Year in 2007, a Silver medal of valor in 2009, and most recently he has been nominated for the Matthew Redding Guardian Award for 2023; and WHEREAS, after more than 28 years of police service Captain Trent Jewell is retiring from a profession and a City he has served well on September 15, 2023.
NOW, THEREFORE, BE IT RESOLVED,the City Council of the City of Rocklin recognizes, appreciates, and commends Captain Trent Jewell for over 28 years of public service, and extraordinary leadership and service to the City of Rocklin.
Mayor
Vice Mayor
Councilmember
Councilmember
Councilmember
Dated: September 12, 2023
ATTEST:
Haley Reid, Acting City Clerk
15 City Council
Staff Report
Subject:
2023 Wall of Recognition Recommendations
Date:
September 12, 2023
Submitted By:
Elizabeth Sorg, Management Analyst
Department:
City Manager's Office
Recommendation:
Approve the 2023 Wall of Recognition recommendations made by the Community Recognition Commission
Background:
Nominations for the 2023 Wall of Recognition opened on July 3, 2023 and closed on August 7, 2023. The Commission received a total of nine submissions with two individuals nominated more than once for a total of seven unique nominations.
The Community Recognition Commission met on August 16, 2023 to discuss the nominations and select a nominee to be engraved in the Wall of Recognition. After deliberation, the Commission recommends that two honorees be engraved on the Wall this year:
Kathy Lund, Peter Hill, and George Magnuson to be engraved as one group The Joel Parker Whitney family
Should the City Council approve the recommendation, the honorees will be engraved on the Wall in fall of 2023.
Fiscal Impact:
The estimated cost of the engraving is $1,000. Funds have been budgeted for the Wall of Recognition in the City Manager's Office Fiscal Year 2023/24 Annual Budget.
Item Number 2C.
ATTACHMENTS:
1. Wall of Recognition 2023 Nominations
16 1
Wall of Recognition Nominations (2023)
Table of Contents
Twiana Armstrong ................................ ................................ ................................ ................. 2 Michael “Buck” Clark ................................ ................................ ................................ ............. 4 Michael “Buck” Clark ................................ ................................ ................................ ............. 6 Kathy Lund, Peter Hill, George Magnuson ................................ ................................ .............. 8 Casey Rivara ................................ ................................ ................................ ........................ 10 Casey Rivara ................................ ................................ ................................ ........................ 11 Rocklin Chamber of Commerce - Leadership Rocklin Program ................................ ............... 16 Robin Trimble ................................ ................................ ................................ ...................... 18 Joel Parker Whitney ................................ ................................ ................................ ............. 21
17 2
Twiana Armstrong
Is the nominee a Rocklin resident, Rocklin based business or organization? Or was the nominee a Rocklin resident or business or organization at the time of their community service?: Yes
Name of Nominator: Placer Community Foundation
Please describe any association between the nominee and the City of Rocklin:
Twiana is the epitome of a leader for the City of Rocklin and south Placer County. Her numerous involvements are listed below.
Please list the dates of the nominee’s city affiliations:
Planning Commissioner
Jun 2022 - Present
Honorary Board Member
Rocklin Area Chamber of Commerce
Jan 2020 - Dec 2021
Co Chair
Leadership Rocklin
Jun 2019 - Jun 2023
Vice Chair
Arts Council of Placer County
Jan 2019 - Present
Describe the community service performed by the nominee that merits consideration of a Wall of Recognition award. If the nominee is a business, group, or organization, please also describe the main goal of the entity that is being nominated:
Twiana is a leader who never stops giving to her community. She always raises her hand and fulfills needs. In addition to being a small business owner, Twiana is constantly volunteering to further several causes, including the arts, leadership development, history, and racial justice.
Twiana has thoughtfully organized and led the Juneteenth and Martin Luther King, Jr. Day celebrations for the last few years for the City of Rocklin which draw hundreds of participants to the city to gather, connect, and learn from one another. These events have 18 3
become signature get togethers that are anticipated all year long because they provide the space and opportunity to reflect on our history and develop as a community. Our cities and county are better for holding these events each year.
When did the community service take place?:
Over the last 5 years, Twiana has grown heavily involved with the causes mentioned above.
Please include any other information about the nominee you feel is important:
Twiana Armstrong is a pillar of our community and deserves recognition for her many efforts to make the City of Rocklin a wonderful place to live, work, and play.
19 4
Michael “Buck” Clark
Is the nominee a Rocklin resident, Rocklin based business or organization? Or was the nominee a Rocklin resident or business or organization at the time of their community service?: Yes
Name of Nominator: Holly Clark
Please describe any association between the nominee and the City of Rocklin:
N/A
Please list the dates of the nominee’s city affiliations:
N/A
Describe the community service performed by the nominee that merits consideration of a Wall of Recognition award. If the nominee is a business, group, or organization, please also describe the main goal of the entity that is being nominated:
What does Buck enjoy about being a part of the Rocklin community, and what has motivated him to give back in the ways he has?
Buck realized what a great community this was to raise his children and build his business.
He is motivated by hard work and always helping others.
What does it mean to Buck to have been able to help others and be recognized for his kindness?
Helping others is second nature to Buck. He has had his far share of ups and downs and knows that kindness can go a long way. Before Buck's stroke in April 2019 neighbors frequently asked for a helping hand, which Buck was always willing to give.
How has volunteering and giving back enriched your family’s lives?
By volunteering and giving back Buck was able to know not only his neighbors but his Rocklin community. Looking back at old photos, Old St Marys Chapel is a wonderful example of a project near and dear to Bucks heart. As a resident of Front Street we can see every day the impact community service can have. We did the roofing on both OSM and the firehouse as well, projects like this are accomplished through hard work and dedication from people like what.
20 5
Michael Clark has been a strong community builder in downtown Rocklin with a respect for its history since moving to the City in 1989. He is dedicated to his community and helping others.
Clark has been a vital member of the Rocklin Historical Society (RHS) in its restoration activities in the Quarry District. His roofs grace Old St. Mary’s Chapel, the Rocklin History Museum, the Firehouse and many of the homes in the neighborhood. He can regularly be seen lending a helping hand or a forklift for RHS restoration activities and fundraisers, as well as to his Quarry District neighbors.
As the owner of M.S. Clark Roofing since 1990, he has participated in and contributed to countless community events. During the Rocklin Jubilee and Kiwanis Community Festivals, Clark supported the events with parade floats, sponsorships, and vendor booths, and was a proud chili cook in several Hot Chili and Cool Cars events. Clark also provided free food service since the inception of the Rocklin Tree Lighting. MS Clark Roofing was also the sponsor of Rocklin Youth Soccer girls teams for many years.
Michael Clark is a Front Street legend to his community and dedicate father and husband to his family.
When did the community service take place?:
Mike worked so hard for his community since he moved here in 1989 and up until his passing in September 2022.
Please include any other information about the nominee you feel is important:
There is a wonderful article in the Rocklin Historical Society Quarry Quarterly honoring his memory and how he was known as the unofficial Mayor of Front Street. The above is from my submission for his Rukahla award. At our Clarks Corner grand opening he was recognized by the city and state assembly for over thirty years of serving the community and offering retail products and space to an area that greatly needs it. His legacy lives on still at the corner of Front and B St but it would be very fitting and for his name to be on the wall of recognition as well. He fought so hard to find people to help restore Old St Marys.
And then he fought hard and wouldn't shut up about how Heritage Park needed an orchard. I look around and see so much of him here. If any one person deserves their name on a wall on Front Street it is defiantly Michael Clark.
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Michael “Buck” Clark
Is the nominee a Rocklin resident, Rocklin based business or organization? Or was the nominee a Rocklin resident or business or organization at the time of their community service?: Yes
Name of Nominator: April Cole
Please describe any association between the nominee and the City of Rocklin:
Buck was a business owner in the City of Rocklin
Please list the dates of the nominee’s city affiliations:
From 1980's through his passing in 2022
Describe the community service performed by the nominee that merits consideration of a Wall of Recognition award. If the nominee is a business, group, or organization, please also describe the main goal of the entity that is being nominated:
Buck was a cornerstone in Rocklin for over 30 years. As the owner of the local roofing company, MS Clark Roofing, but more importantly as a dedicated servant to the community, volunteering countless hours to community development, education and historical preservation. When I think of the City of Rocklin, there is not one space where I don't think of Buck's influence, support and passion that made it better.
When did the community service take place?:
From 1980's through his passing in 2022
Please include any other information about the nominee you feel is important:
I moved to Rocklin with my family when I was 12 years old. As a student at Springview Middle School, I met his daughter Holly and became friends. Oftentimes we talk about accomplishments through direct results, but what I feel is important to share about Buck is that his community service was inspiring. As a young adult I witnessed a fun and kind man who was not just dedicated to his family and his work, but equally to his community. He didn't sit me down and talk about the importance of giving back to your community, he simply demonstrated it as an extension of himself. Through this, I grew up with a community mindset, and the understanding of the value of giving back. As an adult, I moved away from Rocklin, but in my community of Truckee I have served on many local non-profit boards, have been named a volunteer of the year (3 years in a row) and have served as the President of our Rotary Club. I directly attribute my desire to be involved and 22 7
give back to my community to Buck. And I know I'm not the only one he inspired. Buck's giving is exponential, as he has inspired an entire generation to try to live up to a small percentage of the incredible work he's done in his community of Rocklin.
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Kathy Lund, Peter Hill, George Magnuson
Is the nominee a Rocklin resident, Rocklin based business or organization? Or was the nominee a Rocklin resident or business or organization at the time of their community service?: Yes
Name of Nominator: Bill Halldin
Please describe any association between the nominee and the City of Rocklin:
George, Kathy and Peter served nearly 30 years each on the Rocklin City Council, beginning in the 1980s and going until 2010 for Kathy, 2012 for Peter and 2016 for George. The city we know today was created during their tenures, including master-planned developments like Whitney Ranch, Whitney Oaks and Stanford Ranch. They pushed for key transportation improvements like the Sierra College, Sunset, Blue Oaks and Whitney Ranch interchanges, laying the framework for Rocklin's key commercial development, which today provides funding for the city's public safety programs that make us a safe community. But, more than anything, they remained focused on Rocklin being a family community with great schools. They partnered closely with the RUSD and consistently gave back to our community, demonstrating their servant leadership for Rocklin. Beyond the Council, Peter Hill served on the School Board, Kathy Lund was active in the Historical Society and a leader statewide, and George Magnuson led the Opu Cooking Crew, available to cook food for any non-profit that needed it. George was also a decades-long volunteer for the fire department.
Please list the dates of the nominee’s city affiliations:
1970s-2010s
Describe the community service performed by the nominee that merits consideration of a Wall of Recognition award. If the nominee is a business, group, or organization, please also describe the main goal of the entity that is being nominated:
George, Kathy and Peter worked tirelessly together to make Rocklin the community it is today. Whether it was their service on the City Council or as community volunteers, they remained solely focused on making Rocklin one of the best communities in America. Their collective fingerprints are everywhere in town: residential developments, the preservation of St. Mary's Church, our park network, the Rocklin History Museum and much more.
When did the community service take place?:
1970s-2010s
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Please include any other information about the nominee you feel is important:
Many are worthy of being on the Wall of Recognition. It would be fitting to put these three long-time leaders on the Wall at the same time because of their partnership and dedication to working together for so many years.
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Casey Rivara
Is the nominee a Rocklin resident, Rocklin based business or organization? Or was the nominee a Rocklin resident or business or organization at the time of their community service?: Yes
Name of Nominator: Art Sederquist
Please describe any association between the nominee and the City of Rocklin:
Casey Rivara demonstrated, as his last act of his life, compassion and care for life and our City of Rocklin. Mr Rivara, through his act of the highest order of character, and at his family's tremendous loss, serves to remind Rocklin of the value of life, the demonstration of caring for life, and how Rocklanders must operate vehicles and use our community roadways with the highest care and respect for the safety of others.
Please list the dates of the nominee’s city affiliations: May 18, 2023 Describe the community service performed by the nominee that merits consideration of a Wall of Recognition award. If the nominee is a business, group, or organization, please also describe the main goal of the entity that is being nominated: N/A
When did the community service take place?: N/A
Please include any other information about the nominee you feel is important: N/A 26 11
Casey Rivara
Is the nominee a Rocklin resident, Rocklin based business or organization? Or was the nominee a Rocklin resident or business or organization at the time of their community service?: Yes
Name of Nominator: Michelle Patrick
Please describe any association between the nominee and the City of Rocklin:
Casey Rivera, a Rocklin resident, was the only person (a father coming home from picking up his two children from swimming lessons) to step out of his car on a busy street to help Rocklin's herd of baby ducks safely cross the street while all others remained safely in their own cars, before getting struck and losing his life.
The long term service Casey Rivera provides to the community in regards to what he has contributed to the City of Rocklin, is his act of heroics which are immeasurable and his story has flooded media outlets around the world, bringing an indelible mark on the City of Rocklin as a place where the residences look out for one another, including our wildlife. His story has had a rippling universal impact on people. And if anyone should be on the Wall of Recognition in Rocklin for lasting efforts and contributions, it should be Casey. We all see the ducks roaming the Rocklin Lands, and very few people, if any, assist them safely during their travels like Casey did. "Thank you again, Casey, those baby ducks are alive and well and roaming the lands safely because of you, and your memory reminds us take heed in the world around us, think about others first, and know our actions make a profound difference in other people's, and animals, lives."
Please list the dates of the nominee’s city affiliations: May 22, 2023 Describe the community service performed by the nominee that merits consideration of a Wall of Recognition award. If the nominee is a business, group, or organization, please also describe the main goal of the entity that is being nominated:
Casey Rivara gave up his life to gently herd a group of baby ducks across the street in Rocklin, CA. His own children proudly watched as their father was the only one willing to and bravely get out of his car to help the helpless brood of baby ducks cross the busy street when he was struck by a car that took his life.
His selfless act of kindness reached massive numbers of people through media outlets far and wide, from Singapore through Canada, to Texas and Philadelphia and every state in 27 12
between making its way back to Rocklin, CA, where he SHOULD BE recognized and honored for his heroic efforts with Rocklin's wildlife..
When did the community service take place?: May 22, 2023
Please include any other information about the nominee you feel is important:
I reached out to Tracy Rivara to request an email, address and contact information her family would like to share for the nomination and am awaiting a reply. Below is a link to the fundraiser they had put on for Casey Rivara after his death:
https://www.gofundme.com/f/caseys-final-act-of-kindness
Casey Rivera - the man who saved Rocklin's wildlife, the baby ducks, safely cross the street.
Below is just a starter list of media reports all over the world acknowledging this story, which doesn't happen in todays society unless it is something outstanding, remarkable, and universally profound. Not one country seems to not have this story. And Casey Rivera is a Rocklin Resident where he lived and died.
https://www.sportskeeda.com/pop-culture/news-casey-rivara-gofundme-raises-60-000-california-man- killed-saving-ducks
https://www.usatoday.com/story/news/nation/2023/05/22/california-man-killed-ducks-cross- road/70245401007/
https://people.com/human-interest/kindest-dad-dies-struck-by-car-helping-ducks-cross-road/
https://www.kcra.com/article/rocklin-crash-pedestrian-dies-stanford-ranch/43936547
https://www.bbc.com/news/world-us-canada-65679387
https://www.google.com/search?q=Man+dies+after+hit+by+car+while+helping+ducks+cross+road+in+Roc klin&rlz=1C1VDKB_enUS1065US1065&oq=Man+dies+after+hit+by+car+while+helping+ducks+cross+road+ in+Rocklin&aqs=chrome..69i57.728j0j7&sourceid=chrome&ie=UTF-8#ip=1
https://www.kcra.com/article/rocklin-crash-pedestrian-dies-stanford-ranch/43936547
https://www.abc10.com/article/news/local/rocklin-mourns-man-hit-helping-ducks-cross-road/103- 4d8f98ca-4751-481a-b591-59763ce57df1
https://www.cbsnews.com/sacramento/news/rocklin-deadly-crash-stanford-ranch-road-park-drive-man- killed-duck-crossing/
https://www.bbc.com/news/world-us-canada-65679387
https://www.nbc15.com/2023/05/22/man-struck-killed-by-car-while-helping-ducks-safely-cross-road/ 28 13
https://abc7news.com/california-man-killed-helping-ducks-casey-rivara-by-car-after-saving-crossing- dies/13289424/
https://kmph.com/news/local/california-man-hit-and-killed-while-helping-ducks-cross-the-road
https://www.theguardian.com/us-news/2023/may/23/california-man-killed-ducks-road-cross
https://abcnews.go.com/US/good-samaritan-helping-ducks-cross-busy-street-killed/story?id=99531576
https://fox40.com/news/local-news/placer-county/man-dies-helping-family-of-ducks-cross-street-in- rocklin/
https://www.independent.co.uk/news/world/americas/ducks-crossing-road-man-killed-california- b2344617.html
https://twitter.com/kcranews/status/1659816235691917312
https://apnews.com/article/california-ducklings-crossing-man-killed- 4032625898943bed2e92a3c9fd4631f5
https://www.latimes.com/california/story/2023-05-22/man-struck-killed-by-car-after-shepherding- ducklings-to-safety
https://ktla.com/news/nexstar-media-wire/man-struck-killed-while-helping-family-of-ducks-cross- california-street/
https://www.tuko.co.ke/entertainment/celebrities/507152-man-killed-helping-ducks-cross-road-hit-by-car/
https://globalnews.ca/news/9716945/man-killed-car-crash-stopped-help-ducks-cross-busy-street- california/
https://abc11.com/california-man-killed-helping-ducks-casey-rivara-by-car-after-saving-crossing- dies/13289424/
https://localnews8.com/news/2023/05/23/man-dies-after-hit-by-car-while-helping-ducks-cross-road/
https://www.ibtimes.com/man-dies-after-getting-hit-teenage-driver-while-helping-ducks-cross-road- 3695017
https://themessenger.com/news/calif-man-killed-while-helping-ducklings-cross-road
https://www.wionews.com/trending/tragic-california-man-killed-by-car-while-helping-ducks-cross-road- 595327
https://www.news10.com/news/ap-man-killed-while-helping-ducklings-safely-cross-busy-california-street/
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https://www.pressdemocrat.com/article/news/a-sign-of-his-compassion-man-killed-while-helping- ducklings-safely-cross/
https://www.reddit.com/r/Sacramento/comments/13nalnx/man_killed_by_car_driver_while_helping_a_fa mily/
https://www.news18.com/viral/us-man-helping-ducks-cross-the-road-dies-after-being-hit-by-car- 7899733.html
https://www.godlikeproductions.com/forum1/message5437739/pg1
https://www.reviewjournal.com/news/nation-and-world/the-right-thing-man-helps-ducklings-cross-street- then-dies-2782389/
https://www.huffpost.com/entry/man-killed-ducks-road_n_646c873ae4b056fd46dc3e76
https://thethaiger.com/news/world/man-dies-helping-duck-family-cross-road-hit-by-teen-driver
https://www.newsbreak.com/rocklin-ca/3033954628443-california-man-dies-after-getting-hit-by-car-while- helping-ducks-cross-the-street
https://www.audacy.com/knxnews/news/state/rocklin-man-killed-after-helping-ducks-cross-the-road
https://www.fox4news.com/news/man-rescuing-ducks-struck-and-killed-in-california-street
https://www.wfxg.com/story/48951983/man-killed-by-car-while-helping-ducks-safely-cross-road
https://6abc.com/california-man-killed-helping-ducks-casey-rivara-by-car-after-saving-crossing- dies/13289424/
https://www.tiktok.com/@coco_side_/video/7236239956681887018
https://www.washingtonpost.com/nation/2023/05/23/california-man-killed-helping-ducks/
https://www.mirror.co.uk/news/us-news/dad-killed-helping-baby-ducks-30047662
https://www.kxan.com/top-stories/ap-top-headlines/ap-man-killed-while-helping-ducklings-safely-cross- busy-california-street/
https://www.10tv.com/article/news/nation-world/witnesses-man-fatally-struck-car-while-helping-family- of-ducks-cross-the-street-in-california/530-d3fd7604-21fd-427a-a1d3-0862c684caaf
https://www.ndtv.com/world-news/us-man-dies-after-being-struck-by-car-while-helping-ducks-cross-road- 4058804
https://www.thefactual.com/news/story/355191-U-S
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https://wtop.com/national/2023/05/a-sign-of-his-compassion-man-killed-while-helping-ducklings-safely- cross-busy-california-street/
https://www.scmp.com/news/world/united-states-canada/article/3221602/us-man-killed-while-helping- ducklings-cross-busy-california-street
https://www.scmp.com/news/world/united-states-canada/article/3221602/us-man-killed-while-helping- ducklings-cross-busy-california-street
https://accesswdun.com/article/2023/5/1185323
https://singaporeuncensored.com/u-s-man-helped-family-of-ducks-to-cross-road-then-he-gets-hit-by-car- dies/
https://singaporeuncensored.com/u-s-man-helped-family-of-ducks-to-cross-road-then-he-gets-hit-by-car- dies/
https://metro.co.uk/2023/05/22/california-dad-helping-ducks-over-road-killed-by-car-in-front-of-kids- 18825419/
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Rocklin Chamber of Commerce - Leadership Rocklin Program Is the nominee a Rocklin resident, Rocklin based business or organization? Or was the nominee a Rocklin resident or business or organization at the time of their community service?: Yes
Name of Nominator: Leslie Vaughn, Rocklin Chamber Chair & Greg Roberson Rocklin Chamber Treasurer & Past Chair
Please describe any association between the nominee and the City of Rocklin:
The Rocklin Chamber and the City of Rocklin have a long-standing working partnership. The chamber and the city work together on initiatives that support a healthy quality of life through vital economic and workforce development programs.
Please list the dates of the nominee’s city affiliations:
Rocklin Chamber of Commerce - established in Rocklin: 1969 Rocklin Leadership Rocklin Program - established by the Rocklin Chamber: 2003 Describe the community service performed by the nominee that merits consideration of a Wall of Recognition award. If the nominee is a business, group, or organization, please also describe the main goal of the entity that is being nominated:
The Leadership Rocklin program was established in 2003 to train and assist business owners in developing and refining leadership skills. In addition the program was formed to provide an opportunity to connect and establish long lasting relationships with community leaders. The Leadership Rocklin program is recognized as a premier program by business leaders, employers and decision makers as preparation for advancement and a key component to serving in the community. The program has created a "leadership legacy" pipeline for Rocklin by providing well educated, thoughtful and respectful emerging leaders. The program runs yearly from August - May. Class sessions/topics include Rocklin History, Rocklin Civics and Public Safety, Transportation and Infrastructure and Regional Issues. A few additional comments and highlights about the Leadership Rocklin program… • 2023/24 will be the 20th year of this prestigious program • Over 450 Business/Community Leaders have graduated from the program • Noted Elected/Appointed Officials who have graduated from the program include: Mayor, Ken Broadway, City Councilmembers David Bass, Jill Gayaldo and Greg Janda, Placer County Supervisor, Jim Holmes, Planning Commissioner, Twiana Armstrong • Prominent program speakers (brief list) include: Sierra College President: Willy Duncan, William Jessup President: Dr. John Jackson, Rocklin Police Chief, Rustin Banks, Rocklin Fire 32 17
Chief, Reggie Williams, Placer County Clerk-Recorder/Registrar of Voters, Ryan Ronco, Rocklin Historical Society Members, Nancy Lohse and Jim Hammes.
When did the community service take place?:
The Leadership Rocklin program was established in 2003. Councilmember Bill Halldin was on the "Founding Committee" who established the Leadership Rocklin program on behalf of the Rocklin Chamber. As noted, the program is celebrating it's 20th anniversary in 2023.
The Leadership Rocklin program has "graduated" over 450 community-minded leaders who continue to serve in leadership roles in Rocklin, Placer County and the region.
Please include any other information about the nominee you feel is important:
N/A
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Robin Trimble
Is the nominee a Rocklin resident, Rocklin based business or organization? Or was the nominee a Rocklin resident or business or organization at the time of their community service?: Yes
Name of Nominator: Jay Lang
Please describe any association between the nominee and the City of Rocklin:
Robin has served as CEO of the Rocklin Area Chamber of Commerce for 18 years and works directly with the City of Rocklin and staff members to promote and foster relationships between the business and non-profit community and the city. She meets regularly with the City Manager and City Council Members to find ways for the Chamber and its members to collaborate on events and special projects.
Please list the dates of the nominee’s city affiliations:
Robin became the CEO of the Rocklin Area Chamber of Commerce on June 1, 2005.
Describe the community service performed by the nominee that merits consideration of a Wall of Recognition award. If the nominee is a business, group, or organization, please also describe the main goal of the entity that is being nominated:
Robin enthusiastically oversees all facets of the Chamber of Commerce including staff management, government relations, fundraising, member recruitment and the operating budget. The Rocklin Area Chamber has a membership of more than 600 local businesses and non-profits, most of which have a personal relationship with Robin.
The service to the community that she provides includes many Chamber programs that directly benefit the residents of Rocklin. The Hot Chili & Cool Cars event brings more than 15,000 local attendees to downtown Rocklin and is celebrating its 30-year anniversary in September 2023.
Robin also leads the annual State of the City event that shines a light on the local business community and provides the City of Rocklin an opportunity to showcase their achievements. At Robin’s direction, the Chamber has taken over the annual Rocklin Tree Lighting event where local families can enjoy some hometown spirit with food and entertainment during the Christmas season.
Another impactful event that Robin has instituted is the New Teacher Welcome in partnership with the Rocklin Unified School District. The Welcome event exists as a show of 34 19
support from our business community to celebrate our incoming teachers. In addition, the Chamber also has an annual holiday sock drop and bingo fundraiser that brings in funds and needed socks to multiple area organizations and non-profits.
Started in 2004, the Leadership Rocklin program helps community members develop and refine leadership skills by enhancing civic knowledge and civic network within and around Rocklin. Robin has made a point to include a day about our Rocklin history as a part of each cohort by inviting the Rocklin Historical Society to give oral history along with tours of Old St. Mary’s Church and the Rocklin Museum. This program has graduated many elected and appointed officials currently serving in Rocklin.
Finally, Robin was a strong leader for our local businesses during the Covid outbreak by keeping the Rocklin Chamber open and active with information on relief programs and aid for those in need. The City of Rocklin funded the Business Retention Programs and Keep the Lights On, these were only some of the programs entrusted to Robin to administer through the Chamber.
When did the community service take place?:
Robin has been in the Rocklin community for over 25 years and her community service spans throughout this extended period of time.
Please include any other information about the nominee you feel is important:
Although this nomination is rooted in her work with the Rocklin Area Chamber and advancing the business and non-profit community, Robin has given her time and shared her talent with numerous community organizations, including serving as President of the Placer SPCA, Placer Valley Tourism, Rocklin Residents Unite for Fido and KidsFirst. She was a founding member of the Rocklin Educational Excellence Foundation, is a member of the Rocklin Friends of the Library, the Rocklin Historical Society, and is a graduate of the American Leadership Forum (ALF) program. She also recently graduated from the FBI Citizens Academy in 2023.
You can’t think of Robin Trimble without thinking Rocklin. She has been an ally, advocate, encourager, friend, and mentor to hundreds if not thousands – and that surely has created a positive ripple effect in our tightknit community. While different Chamber boards and members have provided direction and leadership over the years, I can’t imagine where we would be without Robin’s commitment and dedication to the organization and the City of Rocklin.
I, Jay Lang, Rocklin resident and business owner, submit this application along with the following community members:
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Leslie Vaugh, President Rocklin Chamber of Commerce
Greg Roberson, Past-President Rocklin Chamber of Commerce Scott Yuill, former City of Rocklin Mayor
Nancy Lohse, Rocklin Historical Society
Wendy Lang, former Rocklin Unified School District Trustee 36 21
Joel Parker Whitney
Is the nominee a Rocklin resident, Rocklin based business or organization? Or was the nominee a Rocklin resident or business or organization at the time of their community service?: Yes
Name of Nominator: Warren Jorgensen
Please describe any association between the nominee and the City of Rocklin:
Mr. Whitney was living in Rocklin before it incorporated in 1893.
Please list the dates of the nominee’s city affiliations:
Roughly 1867–1913
Describe the community service performed by the nominee that merits consideration of a Wall of Recognition award. If the nominee is a business, group, or organization, please also describe the main goal of the entity that is being nominated:
Joel Parker Whitney was the area's first leader of agriculture and land development by owning Spring Valley Ranch. Please see the supplemental documentation provided.
When did the community service take place?:
Roughly from 1867 to his death in 1913
Please include any other information about the nominee you feel is important:
Please see the below documentation provided about Joel Parker Whitney, his family, his impact on Rocklin and Placer County's agriculture and land development and why so many things are named in his memory.
One of the intentions of the “Wall of Recognition” is to tell a story and be a mosaic of Rocklin for its generations to experience. Joel Parker Whitney and his descendants have had a significant impact on what Rocklin is today.
Born in Massachusetts in 1834, Joel Parker Whitney came to San Francisco in 1852 with about 10 cents to his name after $60.00 was squandered on his ship by bad poker playing. After refusing to join his two brothers in their San Francisco merchandising business he headed toward what today is Rocklin, hoping to strike it rich in the gold mines. In his writing, “Joel Parker Whitney the Richest Man in Placer County”, Ken Morrow quoted Whitney by stating, “The country beyond Sacramento to the placer mines of Auburn was the most attractive I had ever or have since seen, comprising valley and moderate hills grown over with groups of live 37 22
and white oaks, inhabited by quantities of magpies, robins, larks, and other small birds.
Beneath the trees were many quails and hares with antelopes to be seen in the distance.” Whitney’s family had been in America for seven generations and the love of hunting, fishing and outdoor life was instilled in him at an early age. He did not become wealthy in the gold mines but did well hunting game birds for restaurants in the San Francisco Bay Area. Joel Parker Whitney traveled extensively living in Boston and was an early investor in mining companies in Colorado. In the years 1867 - 1878, he traveled around the country between California, Maine and Colorado. His investments in Colorado mines yielded him over a million dollars a year! Starting in 1855, his father and brothers acquired land (about 320 acres) in today’s Stanford Ranch area and started a sheep ranch called, “Spring Valley Ranch.” Between 1868 and 1888, the ranch grew to over 20,000 acres - nearly 29 square miles.
From the Whitney ranch came the first train car of raisins ever shipped from Placer County. In the early 1870s he took control of the Spring Valley Ranch from his father, diverting mining ditches for water and diversified into a wide variety of agricultural production. He founded the Placer County Citrus Colony in the 1880s with the palm trees he planted still standing in Penryn today along English Colony Road. Mr. Whitney was one of the pioneers in the growth of orange groves in Northern California and extended into the Loomis Basin that still yields a plethora of mandarins every autumn and winter season. Between 1868 and 1888, the Placer County Assessor’s Office recorded 130 land transactions as Whitney created his estate. In 1884, he began construction of his 20-room mansion in “The Oaks.” The home, built on a knoll in middle of the ranch about three miles west of downtown Rocklin was similar to an English estate, included granite bridges and miles of roads of decomposed granite surrounded by rolling hills.
In the summer of 2019, the undersigned visited Gary and Jean Day at their home in Lincoln.
They were long time leaders of the Rocklin Historical Society (RHS) and considered by many the local experts on the Whitney family. Gary Day wrote many articles for the RHS website including one entitled, “Who was Parker Whitney?” Mr. Day wrote that Joel Parker Whitney was a prolific writer whose books and newsprint bylines show “J.P. Whitney” or “J. Parker Whitney.” Apparently he eschewed his given name “Joel.” His biographer, Richard Miller, called him “Parker Whitney.” Whitney had three children - a daughter Helen - a son Vincent and another son - J Parker Whitney. The “J’ stands for nothing a la the S in Harry S Truman. During his lifetime J Parker Whitney went by “Parker Whitney.” Like many families, there can be a “bad apple” in the bunch. J Parker Whitney grew up in a privileged lifestyle and Gary Day described him as an “irresponsible bon vivant and a scoundrel.” Whitney Ranch records showed that he was a regular at Porter’s Saloon in downtown Rocklin charging large bills to the ranch. His father’s business partner, W.J. Downing, sometimes scolded him for poor ranch management and inaccurate record 38 23
keeping. Before her death in 2004, Catherine Whitney, the wife of one of J Parker Whitney’s sons, associated J Parker Whitney’s poor management skills and irresponsible lifestyle with the start of the decline of the Whitney empire. Unhappy with his son’s antics Joel Parker Whitney willed control of the Whitney Estate to Vincent and only gave J Parker $300.00 per month.
However, in 1917, a court decision invalidated part of the will and awarded J Parker one sixth of the estate which was reported in the press to be between $800,000 and $10 million. Joel Parker Whitney was one of the successful capitalists in the American story of the late 1800s joining names like J.P. Morgan and Leland Stanford.
Along with the Ruhkala family, the Whitney name is commonplace in the Rocklin area. He is remembered by school names, a busy boulevard, a golf course and the former “Sunset Whitney Country Club” among others. In 1960, a new city next to Rocklin, “Sunset Whitney” was proposed but the
development went bankrupt by 1965 and in the mid 1980s “Sunset Whitney Ranch”, an area in unincorporated Placer County was annexed into the City of Rocklin adding nearly 10,000 to its population. Besides being remembered by streets, schools and venues, Joel Parker Whitney was a quotable public figure. According to Ken Morrow, Whitney’s basic decision making principle was this, “Consider everything well and don’t act hastily. Never make up your mind in anger or haste; always sleep on a decision and decide the next day.” Rocklin’s late Mayor, Marie Huson, was a defender of the natural environment and its habitat. She would quote Joel Parker Whitney, “If you want to build a road and there is a tree in the way - move the road.” In 1867, he was appointed the official government commissioner from the United States to the Paris International Exposition. His relative, Fanny Whitney, served on the Rocklin City Council and was the first woman to be the Mayor.
Joel Parker Whitney died in 1913 at the age of 78 in Monterey County and his remains are in the Whitney family tomb located near the 11th green of the Whitney Oaks Golf Course. During his career he laid the groundwork for agricultural growth in Placer County which employed many people and with its Mediterranean climate led to the yield of fruits and vegetables that are still available today. History tells us that he was a public figure of good character and honorable goals for the Rocklin area. He traveled in his life throughout the United States and even to Europe - but in the end - he picked Rocklin to be his home. He was often written about by the San Francisco Examiner and although was the richest man in Placer County he always asked to be described as a “simple farmer from Rocklin.” His name on the Wall of Recognition would add an individual that represents the era of Rocklin’s 1893 incorporation as a city.
I respectfully ask that the Community Recognition Commission consider putting forth the name in nomination of Joel Parker Whitney to the City Council to be added to the Wall of Recognition.
Sincerely,
Warren Jorgensen CRC - Chairman
39 City Council
Staff Report
Subject:
Response to 2022-2023 Grand Jury Report: Spending on
Homelessness Within Placer County
Date:
September 12, 2023
Submitted By:
Aly Zimmermann, City Manager
Department:
City Manager's Office
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the Mayor to Execute a Response on Behalf of the City Council 2022-23 Grand Jury Final Report: Spending on Homelessness Within Placer County.
Background:
On June 27, 2023, the Placer County Grand Jury issued its 2022-2023 Final Report: Spending on Homelessness Within Placer County. The report included five (5) findings and two (2) recommendations, based on the Grand Jury’s investigations, as required by law. The Rocklin City Council was directed to provide a response to recommendation #2 only; however, staff has prepared a comprehensive response (Attachment 2) to the Final Report (Attachment 3), responding also to the Findings that refer to the City.
Upon approval by the City Council, the response will be provided to the Presiding Judge of the Placer County Superior Court and to the Placer County Grand Jury.
Fiscal Impact:
There is no direct fiscal impact to the staff recommendation.
Item Number 2D.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - Grand Jury Response Letter
3. 2022-2023 Grand Jury Report: Spending on Homelessness Within Placer County 40 RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AUTHORIZING THE MAYOR TO EXECUTE A RESPONSE ON BEHALF OF THE CITY COUNCIL TO THE 2022-2023 GRAND JURY FINAL REPORT:
SPENDING ON HOMELESSNESS WITHIN PLACER COUNTY
WHEREAS, on June 27, 2023, the Placer County Grand Jury issued a final report entitled “Spending on Homelessness Within Placer County”; and
WHEREAS, the report included five (5) findings and two (2) recommendations, based on the Grand Jury’s investigations, as required by law; and
WHEREAS, of the two (2) recommendations, the Roseville City Council was directed to provide a response to recommendation #2 only; and
WHEREAS, upon approval by the City Council, the responses will be provided to the Presiding Judge of the Placer County Superior Court and to the Placer County Grand Jury; and WHEREAS, the response to the 2022-23 Grand Jury Final Report attached as exhibit A to this Resolution, has been reviewed by the City Council.
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. The recitals set forth above are true and correct.
Section 2. The City Council of the City of Rocklin resolves that the Mayor is hereby authorized to execute the response to the 2022-23 Grand Jury Final Report on behalf of the City of Rocklin.
PASSED AND ADOPTED this 12th of September 2023, by the followingvote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Ken Broadway, Mayor
ATTEST:
Haley Reid, Acting City Clerk
41 $ * 5 : 0 ' 3 0 $ , - * /
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3 P D L M J O 3 P B E
3 P D L M J O
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S P D L M J O D B V T ] 1 ] ' ] 5 5 : September 12, 2023
The Honorable Alan V. Pineschi
Presiding Judge
Superior Court County of Placer
P.O. Box 619072
Roseville, CA 95661
The Honorable Suzanne I. Gazzaniga
Advising Grand Jury Judge
Superior Court County of Placer
P.O. Box 619072
Roseville, CA 95661
Barbara Ferguson
Foreperson
2022-2023 Placer County Grand Jury
11532 B Avenue
Auburn, CA 95603
RE: Response to 2022-2023 Grand Jury Final Report, Spending on Homelessness Within Placer County
Dear Honorable Judge Pineschi, Honorable Suzanne I. Gazzaniga, and Placer County Grand Jury:
We would like to thank the Placer County Grand Jury for your dedication to the citizens of Placer County. We hereby submit our response to the 2022-2023 Grand Jury Final Report:
Spending on Homelessness Within Placer County.
Report Title: Spending on Homelessness Within Placer County Report Date: Released to the public on June 27, 2023
Response By:Mayor Ken Broadway on behalf of City of Rocklin City Council
FINDINGS
The 2022-2023 Grand Jury Final Report: Spending on Homelessness Within Placer County contains five (5) findings. Pursuant to Penal Code § 933(c), we provide the following responses to those findings “pertaining to matters under the control” of the City of Rocklin. For those findings that are not “pertaining to matters under the control” of the City of Rocklin, the response will note that.
42 2
We agree with the findings numbered: F1 and F4.
We disagree, in whole or in part, with the findings numbered: F3 and F5.
We cannot provide a response to finding F2 since it is not under the control of the City of Rocklin.
F3: It appears there is little to no communication or coordination of spending among the incorporated cities and town, and the county.
Response to F3: We disagree with this finding insofar as it concludes that the City of Rocklin does not communicate or coordinate spending and resources related to homelessness with the other jurisdictions in Placer County. The City of Rocklin continually coordinates and communicates with the other incorporated cities, town, and Placer County on spending related to homelessness. The City of Rocklin, as with the other incorporated cities, town, and Placer County, actively participate in the Regional Working Group on homelessness. The Regional Working Group consists of representatives from each of these jurisdictions, the local Continuum of Care, and regional partners to address homelessness, including coordination on spending.
The City of Rocklin also has a seat on the local board of the Homeless Resource Council of the Sierras, otherwise known as the Continuum of Care (CoC). Representatives from the other Placer County agencies are also on this board. The CoC meets monthly and discusses various homelessness outreach efforts and programs, including discussions of funding.
Additionally, the City of Roseville Housing Authority has jurisdiction over Roseville and Rocklin (Placer County Housing Authority also has jurisdiction over Rocklin). The City of Roseville Housing Authority administers funding to Rocklin residents (often as a form of homelessness prevention) as part of their operations. This administration of the Housing Choice Voucher program from both Placer County and the City of Roseville requires frequent communication with each entity. Both Placer County and the City of Roseville also report out to the City of Rocklin regularly about the number of housing vouchers provided for Rocklin residents. This voucher program assists low-income individuals with housing and prevents homelessness in the region.
The above examples are meant to be illustrative of the types of coordination and communication that exist amongst the various agencies and is not an exhaustive list.
F5: The five incorporated cities and one incorporated town in Placer County do not have homeless budget line items that define sources of funding and expenditures.
Response to F5: The City of Rocklin is unable to provide a response for the other agencies in the findings. However, as to the City of Rocklin only, we partially disagree with this finding insofar as it concludes the City of Rocklin budget does not identify sources of funding and expenditures related to homelessness. We agree that there is not a single “homeless budget” line item, as most of the funding for homelessness (including the sources of funding and expenditures) are included in the individual budget line items for the specific departments, services, or programs where the funding is utilized. All sources of funding and expenditures 43 3
related to homelessness are included in the City of Rocklin’s budget and budget documents, but we agree it is not delineated in a single “homeless budget” line item.
RECOMMENDATION
R2 – Each of the five incorporated cities and one incorporated town in Placer County establish a full accounting of homeless funding and expenditures to its citizens on an annual basis by January 1, 2024, and include in the annual budget going forward.
Response to R2: Recommendation R2 has not yet been implemented, but will be partially implemented as part of the next annual budget. The City of Rocklin uses fund-based budgeting, not project based budgeting. This means that the City budgets based on sources of funding but does not provide a line-item break down of funding per project. This style of budgeting is common for local governments. Fully implementing R2 will not be possible, since it would change the budgeting structure for the entire City which would decrease efficiency and increase costs. Therefore, part of the recommendation is not reasonable. However, the City of Rocklin desires to increase transparency for homelessness spending, and will therefore implement narrative summaries for homelessness spending and projects in future budgets.
CORRECTIONS
The City of Rocklin would like to respectfully submit corrections to the 2022-2023 Grand Jury Final Report, Spending on Homelessness Within Placer County.
Correction 1: The table on page 93 states: “$60,475 for The Gathering Inn (TGI) Homeless Prevention and Rapid Rehousing Program in the Community Development Block grant (CDBG) Low and Moderate-Income Housing Asset Fund.” The CDBG and Low and Moderate-Income Housing Asset Funds are separate sources of funding. The statement should read: “$60,475 for The Gathering Inn (TGI) Homeless Prevention and Rapid Rehousing Program in the Low and Moderate-Income Housing Asset Fund”
Correction 2: The table on page 93 states: “$50,000 for TGI Homeless Prevention and Rapid Rehousing program in the CDBG Coronavirus 2019 CARES Act Funding.” The actual amount provided to TGI from the CARES Act Funding for temporary shelter services was $141,473.
Correction 3: The City of Rocklin’s total expenditure listed on the table on page 23 should be $201,948.
We again would like to thank the 2022-2023 Placer County Grand Jury for its report and service to the City of Rocklin.
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City Council
Staff Report
Subject:
Quarterly Treasurer's Report
Date:
September 12, 2023
Submitted By:
Megan Bressem, Management Analyst
Daniel Choe, Deputy Director of Administrative Services Department:
Administrative Services - Finance
Recommendation:
Receive the Treasurer's Report for the Quarter Ending June 30, 2023.
Background:
The Quarterly Treasurer's Report (Attachment 1), for the quarter ending June 30, 2023, provides the depository, maturity date, amount, and estimated annualized interest earnings for the City's investments pursuant to the Investment Policy (Resolution No. 2023-67).
Item Number 2E.
ATTACHMENTS:
1. Treasurer's Report for Quarter Ending June 30, 2023
60 61
Local Agency Investment Fund ("LAIF")33.58%Corporate Bonds0.02%Placer County Treasurer's Investment Portfolio7.19%Rocklin Rise Investment4.29%City of Rocklin Investment Portfolio41.77%Wells Fargo Operating Account13.02%Wells Fargo CDBG Account0.13%CITY OF ROCKLIN INVESTMENT REPORT for the Quarter Ended June 30, 2023 62 City Council
Staff Report
Subject:
Accounts Paid List - April 1, 2023 to June 30, 2023
Date:
September 12, 2023
Submitted By:
Daniel Choe, Deputy Director of Administrative Services Department:
Administrative Services - Finance
Recommendation:
Receive the Accounts Paid List for April 1, 2023 to June 30, 2023.
Background:
The Accounts Paid List (Attachment 1) details expenses paid to vendors, types of expenses, and the amount paid for the period between April 1, 2023 to June 30, 2023.
Fiscal Impact:
This report will not have a direct fiscal impact. The items included in this report are either within the budget or have been approved as budget amendments.
Item Number 2F.
ATTACHMENTS:
1. Accounts Paid List April - June 30, 2023
63 64
65 66
67 68
69 70
71 72
73 City Council
Staff Report
Subject:
2023 - 2026 AFSCME MOU
Date:
September 12, 2023
Submitted By:
Tameka Usher, Administrative Services Director
Department:
Administrative Services - Human Resources
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Adopting the Negotiated Memorandum of Understanding Between the City of Rocklin and AFSCME Council 57, Local 146 AFL-CIO Representing the Public Service Employees Bargaining Unit, Repealing the Provisions of Any Resolutions in Conflict Herewith, and Approving Associated Salary Schedules.
Background:
Title 2 of the California Code of Regulations, section 570.5 requires the City's salary schedules to be adopted at a public meeting.
The term of the current Memorandum of Understanding (MOU) between the City of Rocklin (City) and AFSCME Council 57, Local 146 AFL-CIO representing the City of Rocklin Public Service Employer Bargaining Unit (Unit), ended on June 30, 2023.
Pursuant to the Meyers-Milias-Brown Act (Government Code sections 3500 et seq.), representatives of AFSCME and the City have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment of employees in the bargaining unit. The City and AFSCME jointly prepared a successor MOU, for the term of July 1, 2023, through June 30, 2026, reflecting agreed revisions to certain terms and conditions. Subject to the provisions in the MOU, those revised terms and conditions with a City cost impact are summarized below, along with the estimated annual cost. 1 .
Effective the first full pay period following City Council adoption of this MOU, the City will increase base wages for all classifications in this unit by 4.0%. Estimated cost $399,495
.
2 .
Effective the first full pay period in July 2024, the City will increase base wages for all classifications in this unit by 2.5%. Estimated cost
$262,856
.
3 .
Effective the first full pay period in July 2025, the City will increase base wages for all classifications in this unit by 2.0%. Estimated cost
$214,345
.
4 .
Effective the first full pay period following City Council adoption of this MOU, the City will adopt a 10-step salary schedule with 3.5% between each step. Estimated cost Item Number 2G.
74 $124,847
.
5 .
Effective January 1, 2024, the City will increase its ongoing monthly contribution to a cafeteria plan by an additional one hundred and fifty ($150) dollars per employee.
Estimated annual cost
$158,400
.
6 .
Effective January 1, 2025, the City will increase its ongoing monthly contribution to a cafeteria plan by an additional and fifty ($50) dollars per employee. Estimated annual cost
$52,800
.
7 .
Effective January 1, 2026, the City will increase its ongoing monthly contribution to a cafeteria plan by an additional fifty ($50) dollars per employee. Estimated annual cost $52,800
.
8 .
Effective July 15, 2024, the City will increase the tool allowance to $1,000 payable each fiscal year. Estimated annual cost
$2,000
.
Other Terms and Conditions which are recommended for update, and which have little or unknown direct cost impact include, but are not limited to:
Removal of existing Longevity wording.
Addition of Regular Part-time proration wording.
Modification of wording for salary on promotion from a minimum of 5% to 10%.
Modification of wording regarding health benefits, holidays, leaves, job posting and candidate qualifications, definitions, out of class pay, uniform allowance, safety equipment, and due deduction and maintenance of membership. “Housekeeping” language changes.
Fiscal Impact:
The combined fiscal impact of the new MOU changes is estimated at $1,267,500.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - AFSCME MOU
2. Resolution Exhibit B - AFSCME Salary Schedule A and B 75 RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN ADOPTING THE NEGOTIATED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROCKLIN AND AFSCME COUNCIL 57, LOCAL 146 AFL-CIO REPRESENTING THE PUBLIC SERVICE EMPLOYEES BARGAINING UNIT, REPEALING
THE PROVISIONS OF ANY RESOLUTIONS IN CONFLICT HEREWITH, AND APPROVING ASSOCIATED
SALARY SCHEDULES
WHEREAS, the Memorandum of Understanding (MOU) between the City of Rocklin and AFSCME Council 57, Local 146 AFL-CIO representing the City of Rocklin Public Service Employees Bargaining Unit, ended on June 30, 2023; and
WHEREAS, representatives of the City and representatives of AFSCME Council 57, Local 146 AFL- CIO have met and negotiated in good faith; and
WHEREAS, members of AFSCME Council 57, Local 146 AFL-CIO representing the City of Rocklin Public Service Employees Bargaining Unit have held elections and voted to ratify the negotiated terms and conditions contained within the tentative agreement for the successor MOU; and WHEREAS, the City of Rocklin’s Human Resources Division is now bringing the negotiated and fully executed successor MOU that is attached and incorporated herein to the City Council for final approval and adoption.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin:
Section 1. The MOU that is attached and incorporated herein between the City of Rocklin and AFSCME Council 57, Local 146 AFL-CIO representing the City of Rocklin Public Service Employees Bargaining Unit for the period July 1, 2023 through June 30, 2026 attached hereto as Exhibit A is approved and adopted.
The Mayor is authorized to sign the MOU on behalf of the City.
Section 2. Effective September 23, 2023, the updated Public Services Employees Salary Schedule Attached hereto as Exhibit B is adopted.
PASSED AND ADOPTED this 12th day of September 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Ken Broadway, Mayor
ATTEST:
Haley Reid, City Clerk
76 LCW_DMS\RO050\013\12149357.v2-8/30/23
, City Clerk
MOU Cover Page with Photo (Placeholder)
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TABLE OF CONTENTS
SECTION I - GENERAL ................................................................................................................5 ARTICLE 1. DEFINITIONS .............................................................................................5 ARTICLE 2. INTENT .......................................................................................................8 ARTICLE 3. RECOGNITION ..........................................................................................8 ARTICLE 4. TERM ..........................................................................................................9 ARTICLE 5. SUCCESSOR MEMORANDUM OF UNDERSTANDING ......................9 ARTICLE 6. PROBATIONARY PERIODS.....................................................................9 ARTICLE 7. PERSONNEL RULES ...............................................................................10 ARTICLE 8. CITY RIGHTS AND RESPONSIBILITIES .............................................10 ARTICLE 9. COMPLETION OF BARGAINING .........................................................10 ARTICLE 10. SEVERABILITY OF PROVISION ..........................................................11 SECTION II - COMPENSATION ................................................................................................11 ARTICLE 11. COMPENSATION ....................................................................................11 ARTICLE 12. DEFERRED COMPENSATION...............................................................12 ARTICLE 13. OVERTIME/COMPENSATORY TIME OFF ..........................................12 ARTICLE 14. CALL-BACK PAY ....................................................................................14 ARTICLE 15. OUT-OF-CLASS PAY ..............................................................................14 ARTICLE 16. STANDBY PAY ........................................................................................15 ARTICLE 17. SHIFT DIFFERENTIAL PAY ..................................................................15 ARTICLE 18. EDUCATION INCENTIVE PAY .............................................................15 ARTICLE 20. EFFECTIVE DATES.................................................................................16 ARTICLE 21. SALARY DETERMINATION: PROMOTION/DEMOTIONS ...............16 SECTION III - BENEFITS AND REIMBURSEMENTS.............................................................16 ARTICLE 22. HEALTH, DENTAL, VISION, LONG-TERM DISABILITY, LIFE, AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE ..........16 DocuSign Envelope ID: 202F09BC-A1BD-4865-BB14-651A1238DBB8 78 2
ARTICLE 23. STATE DISABILITY INSURANCE BENEFITS ....................................18 ARTICLE 24. FLEXIBLE SPENDING PLAN ................................................................18 ARTICLE 25. RETIREMENT BENEFITS.......................................................................19 ARTICLE 26. RETIREE HEALTH BENEFITS ..............................................................20 ARTICLE 27. UNIFORMS ...............................................................................................21 ARTICLE 28. SAFETY SHOES/SAFETY GLASSES ....................................................22 ARTICLE 29. MILEAGE REIMBURSEMENT ..............................................................24 ARTICLE 30. MEAL REIMBURSEMENT FOR EMERGENCY RESPONSE .............24 ARTICLE 31. CLASS A DRIVER'S LICENSE ...............................................................24 ARTICLE 32. TUITION REIMBURSEMENT ................................................................25 ARTICLE 33. TOOL ALLOWANCE...............................................................................26 SECTION IV – LEAVES ..............................................................................................................28 ARTICLE 34. VACATION ...............................................................................................28 ARTICLE 35. HOLIDAYS ...............................................................................................29 ARTICLE 36. BEREAVEMENT LEAVE ........................................................................29 ARTICLE 37. JURY DUTY .............................................................................................30 ARTICLE 38. MILITARY LEAVE ..................................................................................30 ARTICLE 39. SICK LEAVE ............................................................................................31 ARTICLE 40. MATERNITY LEAVE ..............................................................................33 ARTICLE 41. LEAVE OF ABSENCE WITHOUT PAY ................................................34 SECTION V - TERMS AND CONDITIONS OF EMPLOYMENT ............................................35 ARTICLE 42. HOURS OF WORK ...................................................................................35 ARTICLE 43. OFF-DUTY/OUTSIDE EMPLOYMENT .................................................37 ARTICLE 44. HOLIDAY FURLOUGHS ........................................................................37 ARTICLE 45. JOB POSTING AND CANDIDATE QUALIFICATIONS ......................38 DocuSign Envelope ID: 202F09BC-A1BD-4865-BB14-651A1238DBB8 79 3
ARTICLE 46. NEW CLASSIFICATIONS/MODIFICATIONS TO EXISTING CLASSIFICATIONS .........................................................................................................39 ARTICLE 47. RECLASSIFICATIONS ............................................................................39 ARTICLE 48. EMPLOYEE PERSONNEL RECORDS ...................................................41 ARTICLE 49. EMPLOYEE PERFORMANCE EVALUATIONS ..................................42 ARTICLE 50. PAYROLL ERRORS.................................................................................43 ARTICLE 51. GRIEVANCE PROCEDURE ....................................................................43 ARTICLE 52. DISCIPLINE ..............................................................................................46 ARTICLE 53. LAYOFF/REDUCTION IN FORCE .........................................................51 SECTION VI - UNION RIGHTS ..................................................................................................53 ARTICLE 54. DUES DEDUCTION AND MAINTENANCE OF MEMBERSHIP ........53 ARTICLE 55. UNION REPRESENTATION AND UNION STEWARD .......................54 ARTICLE 56. UNION TIME ............................................................................................54 ARTICLE 57. USE OF CITY FACILITIES .....................................................................55 ARTICLE 58. COMMUNICATION WITH MEMBERSHIP ..........................................55 ARTICLE 59. ADVANCE NOTICE ................................................................................55 ARTICLE 60. LABOR-MANAGEMENT COMMITTEE ...............................................55 SECTION VII - MISCELLANEOUS PROVISIONS ...................................................................56 ARTICLE 61. MODIFIED DUTY ....................................................................................56 APPENDIX A ................................................................................................................................59 FLEET MECHANICS' MINIMUM REQUISITE TOOL LIST .............................................59 APPENDIX B ................................................................................................................................63 MEDICAL RESTRICTIONS EVALUATION .......................................................................64 APPENDIX C ................................................................................................................................65 MODIFIED DUTY RETURN TO WORK ASSIGNMENT ..................................................65
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MEMORANDUM OF UNDERSTANDING
CITY OF ROCKLIN AND ROCKLIN PUBLIC SERVICE EMPLOYEES (AFSCME) THIS MEMORANDUM OF UNDERSTANDING entered into this 12th day of September, 2023 between the City of Rocklin, a municipal corporation, ("the City"), and AFSCME Council 57 Local 146, AFL-CIO representing the City of Rocklin Public Service Employees Bargaining Unit ("the Union") as follows:
SECTION I - GENERAL
ARTICLE 1. DEFINITIONS
1. AFSCME - AFSCME Council 57, Local 146 AFL-CIO representing the City of Rocklin Public Service Employees Unit.
2. Base Rate of Pay - An employee's base rate of pay expressed in terms of an hourly rate exclusive of any special forms of compensation or overtime premiums.
3. CalPERS Member (Classic) - Employees who were members of a California public retirement system before January 1, 2013, and meet the definition of a classic member as determined by CalPERS.
4. CalPERS New Member (PEPRA) - Employees who became members of a California public retirement system for the first time on or after January 1, 2013, are not subject to reciprocity or returned to active membership with a new employer following a break in service greater than six (6) months.
5. City - The City of Rocklin.
6. Continuous Service - (Pursuant to Article 53.-111.- a., Layoff/Reduction in Force only) -The employee's total continuous service since date of appointment to a regular full- time position in the classification without break or interruption. Approved leaves taken in accordance with Family Medical Leave Act (FMLA)/California Family Rights Act (CFRA) regulations and layoffs of less than one year shall not constitute a break or interruption in service for purposes of determining continuous service.
7. Day - A period of time between any midnight and the midnight following unless defined differently in a particular article or section.
8. Day - (Pursuant to Article 51, Grievance Procedure and Article 52, Discipline only) - A day the City Manager's office is open for business.
9. Day Shift - The shift where one-half (1/2) or more of the scheduled work hours fall between the hours of 6 a.m. and 6 p.m. (for purposes of shift differential).
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10. Delivery or Deliver to the Employee - Either personal delivery to the employee or the placing of the notice in the United States Mail.
11. Demotion - Either the movement of an employee to another classification where the top step of the salary range is less than the top step of the employee's current classification OR the movement of an employee to a lower step within the employee's current salary range. Changes in classification/salary pursuant to Article 47, Reclassifications, and Article 55, Layoff/Reduction in Force, are exempted from this definition.
12. Domestic Partner - As defined in California Code, Section 297.
13. Employee - A member of the City of Rocklin Public Service Employees bargaining unit.
14. Extended Period - An absence of two (2) weeks or more.
15. Grievance - A claimed violation, misapplication, or misinterpretation of a specified provision of this Agreement which adversely affects the grievant.
16. Grievant - An employee in the Union who is filing a grievance as defined above.
Alleged violations, misapplications or misinterpretations which affect more than one employee in a substantially similar manner may be consolidated at the discretion of management as a group grievance and thereafter represented by a single grievant.
17. Immediate Family - For purposes of sick leave use, as required by the Healthy Workplaces, Healthy Families Act of 2014, family members shall include the employee's biological, adoptive or foster parent, stepparent, or legal guardian; spouse or domestic partner; biological, adopted or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of age or dependency status; grandparent; grandchild; or sibling.
18. Lateral Transfer - The movement of an employee to another position in the same classification in a different department.
19. Memorandum of Understanding - This Memorandum of Understanding (MOU) or any future memorandum of understanding as the context may require.
20. Meyers-Milias-Brown Act (M.M.B.A.) - Chapter 10 of Division 4 of Title 1 of the Government Code, commencing with Section 3500, having to do with employer- employee relations as the same reads or as it may be amended to read.
21. Night shift - The shift where one-half (1/2) or more of the scheduled work hours fall between the hours of 6 p.m. and 6 a.m. (for purposes of shift differential.)
22. Overpayment - Any amount of compensation (base salary, overtime, leave usage/ accruals, premium pay, or payroll deductions) that has been overpaid or over-credited to an employee regardless of the reason, including but not limited to administrative, clerical, or system errors.
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23. Overtime - Any time worked in excess of forty (40) hours in any workweek.
Designated paid holidays specified in this MOU, and sick leave will also be treated as time worked for the purpose of calculating overtime.
24. Paid hours - Regular, sick, vacation, compensatory time off (CTO,) and holiday hours.
25. Personnel Rules - The rules and regulations for personnel and employees of the City, as adopted and amended by the City Council.
26. Probationary Period - A working test period during which an employee is required to demonstrate his/ her fitness for the actual performance of the assigned duties of the position. "Initial" probationary period is the first probationary period completed by an employee following the original date of hire.
27. Probationary Status - The status of an employee who is serving a probationary period for the position and/or classification in which he/she is currently employed.
28. Promotion - The advancement of an employee from a position in one classification to a position in another classification having a higher maximum rate of pay.
29. Purely Personal Possessions - Includes employee's purse, backpack, or briefcase.
30. Reasonable Suspicion - A belief based on objective and articulated facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safely is reduced.
31. Reasonable Time - (Pursuant to Article 53, Grievance Procedure only) A time period of two (2) hours unless additional time is approved by the Human Resources Division and Director/Supervisor.
32. Reclassification - A change in the classification level of an individual position by raising it to a higher classification, reducing it to a lower classification, or by moving it to another classification at the same level on a basis of significant changes in kind, difficulty, or responsibility of the work performed in the position.
33. Regular Full-Time Employees - Those employees working in a regular full-time position (40 hours per week or more), regardless of probationary status.
34. Regular Full-Time Position - An organized group of duties and responsibilities assigned to a specific job classification, designed to be performed by one regular full- time employee.
35. Regular Rate of Pay - An employee's base rate of pay plus any special forms of compensation (i.e., Shift Differential, Out of Class, Longevity, Education Incentive, Stand-by Pay) that will be included when determining the appropriate rate of compensation for overtime worked, CTO pay-out and similar calculations.
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36. Stand-by - When an employee is required to or volunteers to make himself or herself available to be called back to work on off duty hours on an as needed basis.
37. Supervisor - The individual who is assigned responsibility for directing the work of designated full-time regular employees; for effectively recommending decisions to hire, discipline, promote, and/or discharge, for making recommendations to resolve grievances, and for day-by-day assignment and review of the performance of designated employees.
38. Temporary Employees - Employees hired to fill special project needs or to work in a part-time or temporary assignment. These types of employees are not covered under the AFSCME Memorandum of Understanding or any other bargaining unit.
39. Total City Seniority - An employee's length of employment measured from the most recent date of employment or re-employment in a regular full-time position.
40. Underpayment - Any amount of compensation (base salary, overtime, leave usage/ accruals, premium pay, or payroll deductions) that has been underpaid or under credited to an employee, regardless of the reason, including but not limited to administrative, clerical, or system errors.
41. Work schedule - The hours and days of work assigned to an employee.
42. Work shift - Day shift (between 6 a.m. - 6 p.m. daily) or night shift (between 6 p.m. - 6 a.m. daily).
43. Workweek - Either the period beginning at 12:01a.m. Saturday and continuing until midnight the following Friday (in the case of a traditional 5/8 schedule or an alternate 4/10 schedule) or the period beginning at 12:01 p.m. Friday and continuing until 12:00 p.m. the following Friday (in the case of an alternate 9/80 schedule).
44. Y-Rate - When the employee's existing salary step is frozen until adjustments to the employee's salary causes it to fall within the salary range.
ARTICLE 2. INTENT
This MOU is intended to be the agreement of the parties reached after meeting and conferring in good faith, pursuant to the requirements of the Meyers-Millias-Brown Act. This MOU constitutes the entire understanding of the parties with respect to the articles covered by the MOU, and all previous memoranda and resolutions of the City and Council in regard to salaries or fringe benefits for the Union are hereby expressly superseded. All amendments hereto shall be valid only when made in writing and approved by each party.
ARTICLE 3. RECOGNITION
Majority Representative
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The City recognizes AFSCME Council 57 Local 146 AFL-CIO as the majority representative for regular full-time employees that are working in classifications presently assigned to, or that in the future, are assigned to the Union, except those employees who are appointed to positions not classified as regular full-time.
ARTICLE 4. TERM
This MOU shall be in full force and effect upon final approval by the City Council. The term of this MOU shall be from July 1, 2023 until midnight, June 30, 2026.
ARTICLE 5. SUCCESSOR MEMORANDUM OF UNDERSTANDING
In order to begin negotiations on a successor M OU, the Union shall notify the City in writing of the membership of its bargaining team no later than forty-five (45) days prior to the expiration of the current agreement.
ARTICLE 6. PROBATIONARY PERIODS
The probationary period is a working test period during which an employee is required to demonstrate his/her fitness for the actual performance of the assigned duties of the position. "Initial" probationary period is the first probationary period completed by an employee following the original date of hire.
I. All employees in the Union shall serve an initial probationary employment period of twelve (12) months of continuous service upon employment or reemployment. Upon promotion to a higher classification, the probationary period shall be six (6) months of continuous employment in the higher class, except for promotion of an employee who has completed probation in the lower class to the next higher class in a flexibly staffed position. The initial and promotional probationary period may be extended by management for up to six (6) months.
II. Reclassifications and job title changes shall be exempt from probationary periods.
III. A probationary period may be extended due to a prolonged absence of the employee. A prolonged absence shall be defined for this section as a minimum of 30 calendar days.
The extension of the probationary period will not exceed the length of the absence.
IV. If a promoted employee does not successfully complete the probationary period in the classification to which he/she was appointed, the employee shall be reduced to the classification in which he or she previously worked, unless the reason for rejecting the employee during the promotional probationary period would have been sufficient to cause dismissal from the former position as well. The employee shall serve any remaining portion of the probationary period for the previous classification that was not completed prior to promotion.
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ARTICLE 7. PERSONNEL RULES
The Personnel Rules of the City are no longer incorporated within this MOU. When a provision of the Personnel Rules is inconsistent with the MOU, the language contained in the MOU shall govern.
ARTICLE 8. CITY RIGHTS AND RESPONSIBILITIES
I. City retains, solely and exclusively, all the rights, powers, and authority exercised and held prior to the execution of this MOU, except as expressly limited by a specific provision of this MOU. Without limiting the generality of the foregoing, the rights, powers, and authority retained solely and exclusively by City and not abridged herein, include but are not limited to the following, subject to the requirements of this MOU and/or any provision of law whether it be statutory or judicial:
A. To manage and direct its business and personnel; to manage, control, and determine the mission of its departments, building facilities and operations; to create, change, combine or abolish jobs, departments and facilities in whole or in part; to subcontract or discontinue work for economic or operational reasons; to increase or decrease the work force and determine the number of employees needed; to hire, transfer, promote and maintain the discipline and efficiency of its employees to establish work standards, schedules of operation and reasonable work load; to determine the policies, procedures, and standards for selection, training, and promotion of employees; to determine job specifications, including minimum qualifications, skills, abilities, knowledge, selection procedures and standards, and to establish, modify, determine, or eliminate job classifications and allocate City positions to such classifications, to specify or assign work requirements and require overtime; to schedule working hours and shifts; to adopt rules of conduct and penalties for violation thereof; to determine the type and scope of work to be performed and the services to be provided; to determine the methods, processes, means, and places of providing services and to take whatever action necessary to prepare for and operate in an emergency.
B. Nothing in this section shall be construed to limit, amend, decrease, revoke, or otherwise modify the rights vested in the City by any law regulating, authorizing, or empowering the City to act or refrain from acting.
ARTICLE 9. COMPLETION OF BARGAINING
I. Waiver
The parties mutually agree that during the term of this MOU, they unqualifiedly waive the right to and will not seek to negotiate or bargain wages, hours, and terms and conditions of employment whether or not covered by this MOU or in the negotiations leading thereto and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to the MOU. Regardless of the waiver contained in this Article, the parties may, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this MOU.
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II. Prohibition of Concerted Actions
The parties to this MOU recognize and acknowledge that the services performed by the City employees covered by this MOU are essential to the public health, safety, and general welfare of the residents of this jurisdiction. AFSCME agrees that under no circumstances during the term of this Agreement will AFSCME recommend, encourage, cause, or permit its members to initiate, recognize, or participate in any strike, sit down, stay -in, sick-out, slow-down, or picketing related to labor relations matters {hereinafter collectively referred to as a work stoppage), in any office or department of this jurisdiction, that would curtail any work, restrict any production, or interfere with any operation of the City. In the event of a work stoppage by any member of the Union, the City shall not be required to negotiate on the merits of any dispute which may have given rise to such work stoppage until said work stoppage has ceased.
ARTICLE 10. SEVERABILITY OF PROVISION
Should any section, clause or provision of the MOU be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause, or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. In the event of such invalidation, the parties agree to meet and confer regarding substitute provisions to those rendered or declared illegal.
SECTION II - COMPENSATION
ARTICLE 11. COMPENSATION
I. During the term of this Agreement, salaries for all classifications will be adjusted as follows:
Year 1- Effective the first full pay period following City Council adoption of this MOU the City will increase base wages of all classifications in this Unit by 4.0%.
Year 2 - Effective the first full pay period of July, 2024, the City will increase base wages of all classifications in this Unit by 2.5%. Year 3 – Effective the first full pay period of July, 2025, the City will increase base wages of all classifications in this Unit by 2.0%.
II. The City and the Union agree that the following agencies will be used to survey for compensation and benefits:
City of Davis City of Roseville
City of Folsom City of West Sacramento
Placer County City of Yuba City
City of Lincoln City of Lodi
City of Elk Grove City of Woodland
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A. Salary Schedules
Each job classification shall have two salary schedules; Schedule A and Schedule B.
B. Move to Salary Schedule B from Salary Schedule A
All employees hired prior to July 1, 2018 shall remain on Salary Schedule A until they have achieved step 6 of the salary range in their respective classification. Upon achievement of step 6, such employees will move to Salary Schedule B.
C. Salary Schedule B
All employees hired on or after July 1, 2018, shall be assigned to Salary Schedule B {Addendum B).
Effective the first full pay period following City Council adoption of the MOU, Salary Schedule B shall consist of ten (10) salary steps (steps 1 through 10). The increase from step 1 to step 2 shall be approximately
3.5% with all subsequent steps increasing by approximately 3.5% through step 10.
ARTICLE 12. DEFERRED COMPENSATION
A. For employees hired prior to July 1, 2012, the City will contribute up to one hundred dollars ($100.00) per month in matching funds for employees who participate in a City-sponsored deferred compensation program.
B. Employees hired on or after July 1, 2012, shall not be eligible for the City's matching of funds for the City sponsored deferred compensation program, but may individually participate in the deferred compensation program.
ARTICLE 13. OVERTIME/COMPENSATORY TIME OFF
I. Overtime Payment
A. Overtime will be paid for all employees.
B. Employees who are required to work in excess of forty {40) paid hours in a workweek shall be compensated at time and one-half of their regular rate of pay.
Vacation and CTO are not considered time worked for purposes of computing overtime.
Upon mutual agreement between the supervisor and the employee, the employee may flex their time, so long as it occurs within the same work week. For purposes of this section "work week" will be defined as Saturday through Friday. For example, if an employee typically is scheduled to work Monday through Friday, and they are asked to work eight (8) hours on Saturday, they may request to flex their time to take that Monday off or another day in that workweek.
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C. Employees who are required to work in excess of twelve (12) continuous hours shall be compensated at double their regular hourly rate for all hours worked in excess of the twelve (12) continuous hours. The payment of double time for these hours will offset the City's requirement to pay for those hours at an overtime rate if an employee is compensated for more than forty (40) hours in that week. All "double time" overtime shall be paid in salary, and employees are not eligible to receive CTO for double time overtime.
D. When the City approves an employee's attendance at an off-site training workshop, the employee is in paid status during all hours that the workshop is in session with the exclusion of meal periods and social events. The employee will be in paid status for the travel time to and from the workshop that exceeds the employee's regular commute time. The double time payment after twelve (12) continuous hours worked (Section C above) does not apply to off -site training events.
II. Compensatory Time-Off
A. Employees may choose to accrue CTO hours in lieu of receiving pay for overtime hours worked.
B. In no event shall an employee accrue CTO hours in excess of ninety-six (96) hours.
Once an employee has been credited with compensatory time, the employee may not receive a lump sum payment for the hours accrued unless the employee is separated from City service, or as specified in Section C below. Upon separation, the employee will be paid at his/her regular rate of pay for the remaining compensatory balance.
C. Employees are expected to request the use of accrued CTO in accordance with the procedures and timelines established by each department or division. The City reserves the right to require the employee to take time off to reduce the accrued hours to the maximum accrual. If the City exercises its right to require the time off, the employee must be allowed thirty (30) days to make arrangements. When the employee is carrying the maximum CTO hours, all overtime must be paid at time and one half in the pay period worked. In the first pay period in December, the City shall pay the employee for up to forty (40) CTO hours earned through the previous pay period at the then current regular rate of pay. This process will be administered via a form provided by the City.
D. The department director or his/her management designee shall have the sole discretion in approving or denying the use of accrued CTO hours.
III. Overtime Assignments
A. Within each job classification, qualified regular full-time employees within each division shall be offered overtime work prior to the offering of overtime work to qualified temporary employees. If no specialized skills are required, overtime will be offered by seniority by department.
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B. Scheduled overtime shall be offered to employees within each job classification within each division or department by seniority per occurrence.
An extension of a work shift is not considered scheduled overtime. A shift extension is not subject to "B" above.
A. Employees have the option to accept or decline to work scheduled non -emergency overtime. However, if no employee accepts the scheduled overtime assignment, the City shall assign the least senior employee who is qualified and available to work the overtime assignment.
B. Unscheduled overtime may be required of any employee at any time to respond to an unforeseeable emergency or situation where proper staffing is critical in the sole opinion of the City.
ARTICLE 14. CALL-BACK PAY
When an employee is called back to work after he/she has completed an assigned shift, the employee shall receive a minimum of two (2) hours of compensation, in the form of pay or CTO at the employees' discretion, accrued at one and one-half (1.5) times the employee's regular rate of pay. Time worked for which the employee is entitled compensation shall include reasonable travel to the worksite. Call-back pay shall not apply to situations where the employee has been retained on duty by the employee's supervisor beyond the end of the employee's shift. If this occurs, the employee will be paid for all actual hours worked (at one-and one-half times if exceeding 40-hours within the work week).
Further, this section does not apply if an employee is called either at home or on his/her cellular phone, but is not required to come to work. If this occurs, the employee will be paid for all actual hours worked but not less than one quarter (1/4) hour at one and one-half (1.5) times the employee’s regular rate of pay, except that which would be considered de minimis or insignificant as described by the FLSA such as single/independent call or text resulting in only a brief period of time in duration and not proceeded or repeated with other work related calls.
ARTICLE 15. OUT-OF-CLASS PAY
I. When it is required by the department director or designee that an employee perform a majority of the essential duties of a position in a higher classification, payment for such out-of-classification work shall be five percent (5%) above the regular base pay of the employee for all hours worked in the higher classification. Such pay shall be a minimum of the "1" step of the higher classification, and no more than the maximum of the highest step of the higher classification.
II. Eligibility for out-of-class pay will be subject to the following conditions:
A. The employee must meet the minimum qualifications of the higher classification.
B. The assignment to work in the higher classification must be made by the department director or designee in writing.
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C. Employees who are assigned to the higher class must be required to perform a substantial number of the essential tasks of the higher-level position.
D. An employee will be eligible for out-of-class pay when assigned to perform the duties of a higher classification for at least five (5) consecutive work days. When an assignment meets these eligibility conditions, the employee shall be paid retroactive to the first date of the assignment and shall continue for the remainder of the assignment.
E. Out-of-class hours must be noted on the timesheet.
III. Assignment to out-of-class positions shall be limited to nine hundred sixty (960) hours in a fiscal year.
ARTICLE 16. STANDBY PAY
Any employee who is required to remain on standby outside of a regularly scheduled work shift shall receive three dollars ($3.00) standby pay for each hour assigned to standby. Compensated standby hours shall not be included in hours worked for overtime pay calculations. When applicable, employees shall be offered rotational standby duty on a voluntary, day-to-day, as needed basis. The City reserves the right to assign employee(s) on a rotational basis to the standby program, if the number of qualified volunteer employees is insufficient. Employees who are called in to work while on standby, shall be compensated in accordance with the provisions of Article 14, Call-Back Pay.
ARTICLE 17. SHIFT DIFFERENTIAL PAY
Eligibility
An employee shall receive a shift differential of six percent (6%) of base pay for all hours worked when one-half (1/2) or more of the regularly scheduled work hours fall between the hours of 6 p.m. and 6 a.m. The shift differential will not apply to employees whose regular shifts are day shifts and who are receiving overtime compensation for working additional hours which may fall outside of the day shift. Actual hours worked must be noted on time sheet (i.e., 2 p.m.- 10 p.m.).
ARTICLE 18. EDUCATION INCENTIVE PAY
I. All employees shall be eligible for education incentive pay as follows:
A. Associate’s Degree: $75.00/Mo.
Bachelor’s Degree: $125.00/Mo.
Master’s Degree: $150.00/Mo.
This incentive is non-cumulative, and is paid at the highest rate for which an employee is qualified.
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B. Education Incentive pay shall not be applicable to employees in those classifications that require an Associate’s or Bachelor’s degree as a minimum qualification to work in the class.
Effective Dates
A. Payment of education incentive will begin effective the first day of the pay period following when the employee provides the Human Resources Division with the appropriate documentation, which would include a copy of the transcripts or diploma. It is the responsibility of each employee to notify the Human Resources Division of his/her eligibility for education incentive and to provide the appropriate documentation.
B. Employees hired on or after July 1, 2012, shall not be eligible for the Education Incentive Pay pursuant to this Article.
ARTICLE 20. EFFECTIVE DATES
The City shall implement all salary changes at the beginning of the pay period that includes the effective date of the change.
ARTICLE 21. SALARY DETERMINATION: PROMOTION/DEMOTIONS
I. Promotions
Upon promotion, the City shall place an employee at the step that provides a ten percent (10%) minimum base wage increase, unless that increase exceeds the maximum of the salary range for the new position. In that case, the City will place the employee at the top step of the new salary range. Promotional salary determinations are excluded from the Advanced Salary Step Placement Administrative Policy. Promotions shall become effective at the beginning of a pay period.
II. Demotions
Demotions may only occur on a voluntary or disciplinary basis. In the event an employee voluntarily demotes for non-disciplinary reasons to a classification with a lower salary range, the employee shall be placed at the step in the salary range closest to but not above his/her previous hourly rate. Demotions shall become effective at the beginning of a pay period
SECTION III - BENEFITS AND REIMBURSEMENTS
ARTICLE 22. HEALTH, DENTAL, VISION, LONG-TERM DISABILITY, LIFE,
AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE
I. Availability and Eligibility
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The City agrees to provide insurance benefits covering health, dental, vision, long-term disability, life, and accidental death and dismemberment (AD&D) for those employees who are qualified in accordance with plan specifications. Dependent coverage will be available on the health, dental, and vision plans.
II. Selection of Carriers
The employee shall choose their health insurance plan from those plans made available in this geographic area through the Health Benefits Division of the California Public Employees Retirement System (CalPERS). The dental, vision, long-term disability, life, and AD&D insurance plans shall be selected by the City. The City reserves the right to change carriers at any time, provided that the plan benefits to Union members are substantially the same or better.
III. Employee Benefit Package
A. The employee benefit package will include:
Selected Health Plan
Family Dental Plan (with PPO and PPO Enhanced option)
Family Vision Plan (the City will include up to $250.00 for frames every 24 months) $50,000 Life Insurance and AD&D
Long-Term Disability Insurance (90-day waiting period)
IV. Premiums
A. Health Insurance
The City will make a direct monthly contribution towards the premium cost for the medical insurance plan and coverage level selected by each participating employee to a maximum of $1,200 per month. Employees will pay the difference in any monthly premium cost for the medical insurance plan and coverage level selected that exceeds the City's direct contribution.
B. Dental, Vision, Long-Term Disability, Life, and AD&D Insurance The City shall pay the full cost of coverage for a family dental plan-PPO, a family vision plan, long term disability insurance, and $50,000 life and AD&D insurance.
Employees who select the Dental Plan - PPO Enhanced option ($1,500 Calendar Year Maximum) shall pay the difference in any monthly premium cost for dental coverage that exceeds the City's direct contribution, which will be paid via payroll deductions over twenty-four (24) benefit pay periods.
V. Payroll Deduction
A. The employee will pay the amount their benefit package cost exceeds the City's contribution by authorizing biweekly payroll deductions.
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B. The Union may request payroll deduction for the premiums for up to two (2) additional Union sponsored benefit programs to be paid one hundred percent (100%) by the employee when ten (10) or more employees choose to enroll in the plan.
The City will no longer allow the payroll deduction if the enrollment in the program drops to five (5) employees or less.
VI. Health Coverage Reduction Incentive
A. Each employee is eligible for full family coverage for health insurance. Full-time employees who choose to decline the City’s health coverage are eligible to participate in the cost savings with the City. Part-time employees are not eligible to participate in the costs savings program with the City.
B. Employees who participate in the program must continue to maintain their coverage in the City' s dental, vision, life, AD&D, and long-term disability plans.
Participation in these plans is required for all employees ("Required Coverage - Employee Only").
C. Employees who choose to decline the City's health coverage must provide certification of other coverage. This certification must be filed with the Human Resources Division.
D. Participants in the program will receive their share of the cost savings as taxable income.
E. Participants in the program will receive benefits as follows:
Family Coverage for dental & vision – no health $225/month Required Coverage – Employee only $250/month
ARTICLE 23. STATE DISABILITY INSURANCE BENEFITS
All employees shall be eligible for State Disability Insurance (SDI) benefits as provided for in the SDI program. The City shall contribute the full premium for this program.
ARTICLE 24. FLEXIBLE SPENDING PLAN
I. The City will continue to make available to employees a Flexible Spending Plan established pursuant to IRS Section 125. The plan allows eligible employees to set aside up to the maximum amount allowed under IRS Section 125 per year pre-tax income to pay for costs associated with health insurance premiums and health costs not covered under the benefits plan. If the maximum amount changes under IRS Section 125 then the City will abide by that new amount. The plan also allows the employees to set aside pre- tax income to pay for costs of child care and adult dependent care. If the maximum amount changes, then the City will abide by that new amount. Employees may choose to DocuSign Envelope ID: 202F09BC-A1BD-4865-BB14-651A1238DBB8 95 19
enroll in this plan annually during the open enrollment period for the coming calendar year. Participants in the plan must pay the monthly administrative cost by authorizing biweekly payroll deductions.
II. The City reserves the right to change carriers at any time, provided that plan benefits to Union members are substantially the same or better.
III. Effective January 1, 2024, the City shall provide full time employees three hundred dollars ($300) per month (“Flex Dollars”) on behalf of each employee eligible to participate in the City’s 125 cafeteria plan. and the "pre-tax advantage" provisions related to an employee's Medical. Participants in the cafeteria plan may allocate their Flex Dollars to any of the pre-tax qualified benefits, including medical, Flexible Spending Account, or other defined supplemental insurance contributions offered by the City under the Section 125 plan provided that the employee is in paid status for the full pay period or is on an approved voluntary leave of absence. Cafeteria plan payments are not eligible for cash payments.
Effective January 1, 1025, the City shall increase its flexible benefit contribution to three hundred fifty dollars ($350) per month
Effective January 1, 2026, the City shall increase its flexible benefit contribution to four hundred dollars ($400) per month.
IV. For part-time employees, the City shall provide one hundred and fifty ($150) per month (“Flex Dollars”) on behalf of each employee eligible to participate in the City’s cafeteria plan. Participants in the cafeteria plan may allocate their Flex Dollars to any of the pre- tax qualified benefits, including medical or dental premiums, offered by the City under the Section 125 plan provided that the employee is in paid status for the full pay period or is on an approved voluntary leave of absence. Cafeteria plan payments are not eligible for cash payments.
ARTICLE 25. RETIREMENT BENEFITS
I. Classic Employees Retirement Plan
A. Classic Employees - Retirement Plan
The City agrees to maintain membership and to continue to contract with the State of California Public Employees Retirement System (CalPERS) plan for the 2%@ 55 plan with additional contract provisions as found in the California Government Code pertaining to CalPERS (Title 2, Division 5) as follows:
Section 20042, One Year Final Compensation
Section 20965, Credit for Unused Sick Leave
Section 21574, 1959 Survivors Benefit, Fourth Option
B. Classic Employees - Retirement Member Contribution
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1. Effective 7/1/15 the employee shall contribute the full seven percent (7%) of his/ her salary towards the individual employee's retirement contribution.
2. Effective July 1, 2017 the employee shall contribute one percent (1%) of his/her salary towards the employer's retirement contribution (for a total of 8% of the employee's salary).
II. PEPRA Employees Retirement Plan
A. For PEPRA employees, the City agrees to maintain membership and continue contracting with CalPERS for the 2% @ 62 plan for PEPRA employees as required by law along with additional contract provisions as follows:
Section 20037, Average of three (3) highest years of service compensation as required by law
Section 20965, Credit for Unused Sick Leave
Section 21574, 1959 Survivors Benefit, Fourth Option
B. PEPRA employees will make employee contributions as required by state law, and in addition will contribute the following amounts:
Effective July 1, 2017 the employee shall contribute one percent (1%) of his/her salary towards the employer's retirement contribution.
ARTICLE 26. RETIREE HEALTH BENEFITS
All City of Rocklin employees who meet the eligibility requirements for CalPERS retirement and retire within one hundred twenty (120) days of separation from the City of Rocklin, are eligible for post-retirement health benefits.
Effective the first day of the fourth month following approval of this MOU by the City of Rocklin City Council, the City will contribute a maximum of $1,200 per month towards the cost of health insurance (Article 22.IV.A.) Eligible retirees shall receive 100% of the City's contribution towards their post-retirement health benefits. The City and the Union mutually agree that the retiree health benefits described in this Article are intended to be permanent for current retirees as of June 30, 2018, and employees who retire during the term of this MOU (July 1, 2021-June 30, 2023). Therefore, entitlement to and continuation of the retiree health benefits described herein for current retirees and those who retire during the term of this MOU shall exist and continue beyond the term of this MOU, and are not dependent on the existence of any subsequent or future MOU. The Union and the City, however, may agree to increase the amount of the retiree health benefit in the future.
Once a retiree becomes Medicare eligible, CalPERS requires the retiree (or survivors) and their dependents to enroll in both Medicare Part A and Part B to remain eligible for CalPERS health coverage. A Certification of Medicare Status form is required and CalPERS will change the health coverage to a Supplement to Medicare or Medicare Advantage plan.
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ARTICLE 27. UNIFORMS
I. The City will provide work uniforms and the laundering thereof for employees in the classifications listed in Paragraph III, below. Employees in those classifications will be required to wear the uniforms at all times while on duty. Supervisors may be exempted from this requirement with the approval of the appropriate department director.
II. The City will provide one winter safety jacket to employees in these classifications upon appointment. Maintenance of safety jackets will be the responsibility of the employee.
The City will repair or replace each jacket once due to damage or wear on the job. An employee is eligible for one replacement jacket every three (3) years.
III. These classifications receive uniforms and jacket:
Building Maintenance Worker
Building Maintenance Supervisor
Building Trades Worker
Code Enforcement Officer
Equipment Mechanic I/II
Facilities Maintenance Supervisor
Facilities Operations Superintendent
Fire Inspector I/II
Fleet Services Supervisor
Irrigation Maintenance Technician
Landscape Inspector
Landscape Services Supervisor
Landscape Services Trades Worker
Landscape Services Worker
Parks Division Supervisor
Senior Building Maintenance Worker
Senior Building Trades Worker
Senior Irrigation Maintenance Technician
Senior Street Maintenance Worker
Senior Traffic Control and Lighting Technician
Street Maintenance Supervisor
Street Maintenance Worker
Traffic Control and Lighting Technician
Traffic Maintenance Assistant
Traffic Maintenance Supervisor
These classifications receive jacket only:
Associate Civil Engineer
Building Division Supervisor
Building Inspector I/II
Construction Inspector I/II
Engineering Technician I/II
Environmental Services Specialist
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Environmental Services Technician
Fire Prevention Plans Examiner
GIS/Engineering Technician
Public Works Inspector I/II
Senior Construction Inspector
ARTICLE 28. SAFETY SHOES/SAFETY GLASSES
I. Safety Shoes
A. Each employee in the classifications listed below shall receive an annual safety shoe allowance of three hundred dollars ($300.00) paid annually in the pay period following July 15th. Upon hire, a new employee in the classifications listed below shall receive the safety shoe allowance in their first pay check.
B. Designated classifications include:
Assistant Land Surveyor
Assistant Civil Engineer
Associate Civil Engineer
Building Inspector I/II
Building Maintenance Supervisor
Building Maintenance Worker
Building Trades Worker
Code Enforcement Officer
Community Development Inspector
Construction Inspector I/II
Engineering Technician I/II
Environmental Services Specialist
Environmental Services Technician
Equipment Mechanic I/II
Facilities Operations Superintendent
Facilities Maintenance Supervisor
Fire Inspector I/II
Fire Prevention Plans Examiner
Fleet Services Supervisor
GIS/Engineering Technician
Irrigation Maintenance Technician
Landscape Services Supervisor
Landscape Services Trades Worker
Landscape Services Worker
Parks Division Supervisor
Plan Check Engineer
Public Works Inspector I/II
Senior Building Inspector
Senior Building Maintenance Worker
Senior Building Trades Worker
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Senior Equipment Mechanic
Senior Street Maintenance Worker
Senior Traffic Control and Lighting Technician
Street Maintenance Supervisor
Street Maintenance Worker
Traffic Maintenance Supervisor
Traffic Control and Lighting Technician
If a new classification not currently on the salary schedule is established that requires safety shoes then the provisions of this article shall apply.
C. Employees receiving such allowance shall be required to wear safety shoes at all times while performing their duties.
II. Safety Prescription Glasses
A. During the term of this Agreement, the City will pay any reasonable cost up to a maximum of two hundred seventy-five dollars ($275) per employee for the provision of safety prescription glasses when:
1. Such glasses are required in the work of the employee; and
2. The employee has submitted a claim for these costs to the vision insurance plan and has been notified that such costs cannot be reimbursed under the plan; and
3. The glasses are required because a newly-hired employee does not currently possess prescription safety glasses and must wear prescription lenses at all times; or because a current employee is diagnosed with a change in his/her lens prescription.
B. The City will pay only for reasonable costs which are not covered by the vision insurance plan. Should an employee receive reimbursement from both the City and the vision plan which exceed the total cost of the glasses, the employee will refund to the City any amount received in excess of the total cost of the glasses.
III. Reimbursement for Prescription Safety Glasses
A. Reimbursement of damaged safety prescription glasses will be provided as follows:
1. Reimbursement shall be authorized only when damage is caused by circumstances which arise out of employment, not from ordinary wear and tear or damage occasioned by the use of the glasses during off-duty hours.
2. An employee must file a claim with the Human Resources Division for the repair or replacement of the damaged glasses, describing how and when the damage occurred, together with either:
a. A copy of the receipt of the original purchase; or
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24 b. A copy of the receipt for the repair or replacement; or c. An estimate of the repair or replacement cost on a form prepared by a vendor.
ARTICLE 29. MILEAGE REIMBURSEMENT
I. When an employee is conducting City business or is authorized to attend off-site seminars, schools, or workshops which require them to travel, they shall use a City vehicle if an appropriate vehicle is available at their worksite. When a City vehicle is not available, the employee may use his/her privately-owned vehicle and be reimbursed at the current Internal Revenue Service rate. Use of privately-owned vehicles must be authorized in advance by the department director or division manager.
II. Employees authorized to use a privately-owned vehicle shall be required to maintain their California operator's license in good standing including providing proof of insurance as set forth in the City of Rocklin Vehicle Use and Driving Standards Policy.
ARTICLE 30. MEAL REIMBURSEMENT FOR EMERGENCY RESPONSE
If an employee's normal work day is extended for emergency response duties for a period that exceeds two hours and the employee is not released from work for his/her regular meal time, the City will reimburse the employee for the cost of the meal not to exceed thirty dollars ($30.00) with a receipt, or provide a meal of equivalent value.
ARTICLE 31. CLASS A DRIVER'S LICENSE
I. Designated Classifications
A. Employees in the following classifications may be required to hold a Class A Driver's License:
Equipment Mechanic I/II
Fleet Services Supervisor
Landscape Services Supervisor
Landscape Services Trades Worker
Landscape Services Worker
Senior Street Maintenance Worker
Street Maintenance Supervisor
Street Maintenance Worker
Senior Equipment Mechanic
II. Department of Transportation Regulations
A. Employees in classifications requiring a class A driver's license will be subject to Department of Transportation regulations pertaining to safety sensitive positions as set forth in of the Code of Federal Regulations Title 49: Transportation, Part 40.
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25 III. Periodic Physical Examinations
A. Employees who are required to hold such a license must complete a periodic physical in accordance with Department of Motor Vehicles regulations. In order to meet this requirement, the employee may:
1. Request that the examination be completed by a City-designated physician, in which case, the City shall make the appointment for the employee. Employees will be allowed time off for the appointment during the work day without loss of pay or leave. The City will pay for the cost of the examination.
2. Request accrued sick or vacation leave in order to have the examination completed by a physician of his/her choice. Employees will use accrued sick leave or vacation for this absence from duty, or, if sufficient paid leave has not been accrued, the absence will be charged to leave without pay. The City will reimburse the employee for the cost of the examination not covered by the employee's medical plan up to a maximum equal to the City's cost for a City- designated physician.
IV. Reimbursement
A. The City will reimburse the employee for the costs for the original license.
Renewals will be reimbursed, less the cost for a Class C license.
ARTICLE 32. TUITION REIMBURSEMENT
I. Eligibility and Approval
Employees shall be eligible for tuition and related expense reimbursement for completing pre- approved course work in a regionally accredited college, school or university, or for completing pre-approved adult education classes through an accredited high school. Adult education classes will be eligible for reimbursement only if directly related to the employee's job. Pre-approved, job-related extension courses or certificate programs offered through regionally accredited colleges and universities are also eligible for reimbursement. Courses, books, and supplies paid for via state, federal, or private grant are excluded from reimbursement.
To be eligible for reimbursement, the employee must submit, to the department director and to the Human Resources Division for approval, an education plan and goal. The plan shall include at least the following:
1. A statement of the employee's career and training objective for the next two- year period;
2. A narrative description of the types of training and instruction the employee desires to receive;
3. A statement demonstrating how the requested course work will benefit the City, and how such training will enhance the City's ability to complete its DocuSign Envelope ID: 202F09BC-A1BD-4865-BB14-651A1238DBB8 102
26 program, which will include the relevance of the plan to the employee's work assignment; and
4. A statement demonstrating how such proposed training will increase the employee's proficiency.
II. Reimbursement
A. Upon completion of the course work, the employee must submit the following items to receive reimbursement:
1. Copy of grade report evidencing completion of the course work with a grade of C or better.
2. Itemized receipts showing items claimed for reimbursemen.t
3. Items qualifying for reimbursement include:
a. Tuition (in-state only)
b. Required textbooks
c. Required supplies (based on a submitted copy of the instructor's list) d. Parking permits
e. Other required fees
4. Items NOT qualifying for reimbursement include:
a. Medical service fee
b. Mileage
c. Items not required by the instructor
5. The maximum amount eligible for reimbursement will be seven hundred fifty ($750.00) per calendar year. With the approval of the department director and the Human Resources Division, an employee may apply the annual tuition reimbursement allowance to Certificate or Extension Programs such as those offered by UC Davis which meet the goals of the employee's education plan.
The City will observe the IRS regulations concerning the taxability of educational reimbursement in effect at the time of the request for reimbursement.
ARTICLE 33. TOOL ALLOWANCE
I. Each employee assigned to the classification of Fleet Services Supervisor, Senior Equipment Mechanic, and Equipment Mechanic I/II (hereinafter referred to as "employee"), shall be eligible to receive a tool allowance of one thousand dollars ($1,000) payable each fiscal year upon the completion of his/her initial probationary period. When an employee completes the initial probationary period during a fiscal year, the annual amount shall be prorated accordingly, based on the number of days remaining DocuSign Envelope ID: 202F09BC-A1BD-4865-BB14-651A1238DBB8 103
27 in the fiscal year. The tool allowance shall be paid annually in the pay period following July 15th.
II. Each employee shall maintain a set of adequate and appropriate mechanic's hand tools in accordance with the minimum tool requirements established by the City (See Appendix A). The tools will remain the property and the responsibility of the employee.
A. An annual inventory of each mechanic's tools will be prepared by the employee, approved by the department manager and submitted to the Human Resources Division by June 1 of each year. The allowance will not be made until inventory is submitted.
B. Upon the purchase of new tools, it is the employee's responsibility to update the tool list, submit it to the department manager for approval, and forward the approved list to the Human Resources Division.
III. The City will reimburse employees for theft of their personally owned tools from City premises, subject to the following conditions:
A. A claim for reimbursement shall be submitted to the Human Resources Division.
B. All tools must be engraved with a unique and individually identifiable mark.
Employees may engrave their tools on City time and may use a City-supplied engraving tool.
C. Reimbursement will be provided only in the event of theft of a mechanic's tool or tools.
D. Reimbursement will be made only if the employee has filed with the Human Resources Division in advance of the theft, an inventory describing in sufficient detail each tool for which reimbursement is claimed. The inventory must be signed by the department manager to certify its correctness.
E. A Department Incident Report, a copy of a Police report, and a copy of the sales receipt must accompany the claim for reimbursement.
F. Reimbursement will be defined as the replacement value of a comparable quality tool(s) from the same manufacturer or a comparable manufacturer as determined by the manager and employee.
IV. Catastrophic Loss
The City will reimburse employees for a loss of their personally owned tools due to a catastrophic event such as fire or flood on City property, or for the theft of their entire tool box from City property. Reimbursement will be based on the tool list inventory on file with Human Resources. Reimbursement value will be determined by the City using the criteria in Article 33 Section III (F).
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28 SECTION IV – LEAVES
Regular part-time employees accrue leaves equal to their full-time equivalency unless otherwise required by federal and/or state law. For example, a regular part-time employee working 50% of a full-time equivalent will accrue 50% of the leave of a regular full-time employee with the same number of years of City service.
ARTICLE 34. VACATION
I. Policy
A. Vacations shall be taken at the convenience of the City. The City may establish a schedule for each employee to ensure the City the level of staffing required to carry out its work program. However, subject to operational need, the City will make every effort to approve vacation requests.
II. Accrual and Use
A. Vacation accrual is based on an employee's regular work schedule and includes all hours in paid status, exclusive of overtime. The hours accrued in a pay period will not be available to the employee until the following pay period. Current full-time employees will accrue vacation as follows:
Year Days/year Maximum Accrual
1 15 (0.0577 per hour) 232 hours
2 16 (0.0615 per hour) 232 hours
3 17 (0.0654per hour) 232 hours
4 18 (0.0692 per hour) 232 hours
5 20 (0.0769 per hour) 232 hours
10 23 (0.0885 per hour) 252 hours
15 25 (0.0962 per hour) 272 hours
20 27 (0.1039 per hour) 312 hours
When an employee accrues the maximum number of hours set forth above, the employee shall cease accruing vacation until such time as the employee has utilized vacation hours to bring the total hours below the maximum stated accrual. At no time may an employee have a total balance of vacation hours in excess of the maximum leave accrual. If the City exercises its right to require the time off, the employee must be allowed thirty (30) days to make arrangements to reduce the accrued hours prior to December 31st of each year. Employees who reach their maximum accrual are not entitled to cash payment for any hours exceeding the maximum accrual.
B. Vacation leave must be scheduled and approved in advance and in accordance with the written procedures established for each department or division. After the first year of service, each employee must take one (1) vacation period of no less than five (5) consecutive work days during a calendar year.
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29 C. The department director or designee shall approve, disapprove, or modify a vacation request within five (5) days of receipt of the request.
D. An employee who is rehired into an AFSCME classification within one hundred seventy-nine (179) calendar days of separating from the City in an AFSCME classification will accrue the same amount of vacation per year as they had been accruing at the time of separation.
ARTICLE 35. HOLIDAYS
I. Holiday Observance
A. During the term of this MOU, the City will recognize the holidays listed below.
New Year's Day January 1
Martin Luther King Day January -Designated Monday
President's Day February - Designated Monday
Memorial Day May - Designated Monday
Independence Day July 4
Labor Day September - Designated Monday
Veteran's Day November 11
Thanksgiving November - Designated Thursday
Thanksgiving Friday November – Designated Friday
Christmas Day December 25
B. Holidays occurring on a Saturday will be observed on the preceding Friday.
Holidays occurring on a Sunday will be observed on the succeeding Monday. An employee may not use a designated holiday as the employee's last day of employment. The employee must be in paid status at least one full day after the holiday to qualify for holiday pay.
C. If a non-date specific holiday falls on an employee's regular day off, the employee will be granted another paid day off contiguous to the employee's days off within the same pay period.
II. Payment for Holiday Work
In the event that City operations require an employee to work on an observed holiday, the employee shall be paid at double-time for all hours worked. The employee shall also receive eight (8) hours of holiday pay or, by mutual agreement, may schedule an alternative day-off in lieu of holiday pay.
ARTICLE 36. BEREAVEMENT LEAVE
I. Each employee will be eligible for up to three (3) working days (24 Hours) of bereavement leave for purposes of bereavement following the death of a relative or domestic partner. If an employee requests additional time off for bereavement, an additional two days (16 hours) shall be allowed to be charged to accrued sick leave.
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30 A. Relatives Covered
Spouse Domestic Partner
Son Daughter
Father Mother
Brother Sister
Father-in-law Mother-in-law
Grandfather Grandmother
Grandchildren
B. Step/Foster Relationships Covered
Father Mother
Son Daughter
Brother Sister
Grandfather Grandmother
C. Bereavement leave is also available following the death of any child, close relative, or domestic partner who resided with the employee at the time of death.
II. Notification to City
The employee shall notify his/her supervisor not later than the beginning of the next work day of the occurrence requiring bereavement leave and, if requested by the City, shall provide substantiation to support the request. Such leave shall commence within a reasonable amount of time following the request. Bereavement leave may be taken in consecutive days, or as needed, not to exceed the maximum amount of time allowed per Section I. above.
ARTICLE 37. JURY DUTY
When an employee is required to serve on jury duty, the employee shall be compensated for all regularly scheduled hours not worked as a result of jury service. Each employee shall pay the City the amount received as juror fees, but shall retain any fees received for mileage reimbursement.
ARTICLE 38. MILITARY LEAVE
Military Leave benefits shall be granted and compensated in accordance with the provisions of the State of California Military and Veterans Code, Sections 394 and 395, and per the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Any employee shall be entitled to receive full compensation for up to thirty (30) calendar days of active military duty each year. The City agrees to extend the period for continuation of pay and benefits from one month to twelve months. On the 3l51 day of active military duty, the City will start integrating with any military pay received by the employee.
For scheduled military training, a copy of the official order must be submitted to the employee's supervisor as soon as issued. For emergency military call-up, a copy of the official orders must DocuSign Envelope ID: 202F09BC-A1BD-4865-BB14-651A1238DBB8 107
31 be submitted to the employee's supervisor as soon as practical. Weekend drills are not covered under this section.
The link to the California Military and Veterans Code is:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=MVC&division=2.&t itle=&part=1.&chapter=7.&article
The link to USERRA is:
https://www.doi.gov/vets/programs/userra
ARTICLE 39. SICK LEAVE
I. Accrual and Cash Out
A. Full time employees shall accrue up to twelve (12) sick leave days per year, at the rate of 0.0462 multiplied by the actual number of hours in paid status, with the exception of overtime. The hours accrued in a pay period will not be available to the employee until the following pay period.
B. An employee may accrue an unlimited amount of sick leave for the purpose of conversion to service credit at retirement (per Article 25).
C. Upon separation in good standing for any reason other than service or disability retirement, and after completing five (5) years of employment with the City, an employee will be paid twenty percent (20%) of his/her accrued sick leave.
II. Use of Sick Leave
Sick leave may be used in the event of one of the following circumstances:
A. Actual illness or injury of the employee;
B. The employee's exposure to a contagious disease;
C. Medical or dental appointments of employee and employee's immediate family members when such appointments cannot be arranged during off-duty hours and when the employee's presence is required;
D. Where the employee's medical attention to an immediate family member is required and the illness/injury does not meet the criteria of CFRA or FMLA. For purposes of sick leave use, as required by the Healthy Workplaces, Healthy Families Act of 2014, family members shall include the employee's biological, adoptive or foster parent, stepparent, or legal guardian; spouse or domestic partner; biological, adopted or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of age or dependency status; grandparent; grandchild; or sibling.
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32 E. An employee may use sick leave to give blood for up to two (2) hours on four (4) occasions each calendar year. The maximum of sick leave that can be used for this purpose is eight (8) cumulative hours each calendar year.
F. An employee who is entitled to a disability retirement (either at his/her own request or as a result of City action) under PERS shall not be entitled to use sick leave to defer the effective date of retirement as provided by Government Code Section 21163.
G. Employees who are off work for three (3) or more consecutive days due to a non- work-related illness or injury shall, if requested, supply a medical release to the Human Resources Division signed by a physician stating that the employee may return to full or modified duty. If returned to modified duty, the release must be specific as to the nature of the restrictions and the length of time, if known, that the restrictions are to remain in place. Return to work may be delayed until such time as the City determines that the physician- imposed restrictions allows return to the employee ' s regular position with or without reasonable accommodations or placement on a Modified/ Alternative Duty Program.
III. Coordination of Sick Leave and Disability Benefits A. Sick leave benefits and benefits received by an employee under the SDI Law for non-work -related illness or injury shall be integrated as follows:
1. An employee who sustains a non-work-related injury or illness and who receives SDI benefits shall:
a. If he/she has accumulated sick leave, be treated as on sick leave; and b. Receive full salary, which shall be a combination of compensation from the City and SDI.
c. While the employee is integrating SDI, the amount of the SDI payment(s) received shall be credited to the employee. The remainder of the employee' s base salary will be paid first through sick leave, then through other leave balances. Employee's must notify the Human Resources Division of their intent to integrate and must provide proof of payment from the Employment Development Department to the Human Resources Division in a timely manner.
d. When all available leave hours, beginning with sick leave are exhausted he/she shall only receive SDI to the extent permitted by law.
IV. Coordination of Sick Leave and Workers' Compensation Benefits An employee injured on duty who is receiving Workers' Compensation benefits shall be treated in the same manner as an employee receiving SDI as set forth in Section Ill above.
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33 V. Coordination of Accrued Vacation and Compensatory Time Off With Disability, and Workers' Compensation Benefits
A. An employee who is on leave due to either a work-related or non-work-related injury or illness and whose sick leave is exhausted will continue to receive full salary, which shall be a combination of accrued vacation and/or CTO and SDI or Workers' Compensation benefits.
B. When accrued leaves are exhausted, an employee shall be placed on leave without pay in accordance with Article 41 of this agreement.
ARTICLE 40. MATERNITY LEAVE
I. Length of Leave Allowed
The City will provide up to four (4) months unpaid leave to female employees for pregnancy- related disability, in accordance with Government Code Section 12945{b)(2). Leave for pregnancy-related disability will run concurrently with FMLA.
II. Use of Leave
The employee may elect to use any accrued unused leave time to cover the period of her disability leave, which would otherwise be unpaid. During the period of her disability, an employee's paid leave will be integrated with any SDI benefits she may receive. Any accrued vacation leave, or other accrued time off may be used at the option of the employee before an employee's unpaid leave begins, except as provided below.
A. During the period of her disability, an employee's paid leave will be integrated with any SDI benefits she may receive.
B. An employee may retain up to forty (40) hours of accrued vacation leave for use upon her return from maternity leave.
1. The retained vacation leave may be used for purposes of sick leave and medical appointments for the employee and her dependents for a period of six (6) months after her return from maternity leave.
2. Vacation leave used for this purpose will be used in increments of no less than two (2) hours.
III. Extension of Leave
A. An employee may request to use family leave to extend her maternity leave as follows:
1. Upon recovery from her pregnancy-related disability, an employee may request up to twelve (12) weeks bonding leave per the California Family Rights Act (CFRA) in accordance with California Government Code Section 12945.2.
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34 Bonding Leave must be taken in increments of two (2) weeks or more, however on two (2) occasions the employee may take such leave in smaller increments.
2. An employee who has not recovered from the pregnancy-related disability upon expiration of the four (4) months to which she is entitled under Government Code Section 12945 (b) (2) may request up to twelve (12) weeks family leave to recover from her disability. This leave may be granted under the terms and conditions of CFRA.
B. An employee who has not recovered from her pregnancy-related disability at the expiration of the twelve (12) weeks of Family Care and Medical Leave, may request an extension of her leave of absence for an additional ninety (90) days under the terms and condition of Article 41, Leave of Absence Without Pay. The City may grant the extension, if conditions warrant such an extension.
C. Except where specifically stated in this policy, Maternity leave will be governed by the terms and conditions of Article 41, Leave of Absence Without Pay.
ARTICLE 41. LEAVE OF ABSENCE WITHOUT PAY
I. Leave of absence without pay may be granted to any employee with the approval of the department director or his/her designee for: (1) illness beyond that covered by sick leave; or (2) other personal reasons which do not impair the effectiveness of the City.
A. To be eligible for a leave of absence for personal reasons, an employee must have received a satisfactory performance appraisal and no formal disciplinary actions in the 12 months prior to the request.
B. Terms and conditions of the leave shall be specified in writing.
II. Duration
Leave of absence may be granted for a period not to exceed ninety (90) days. At the request of the employee, the City Manager may extend a leave of absence up to an additional ninety (90) days. The City Manager will consider the employee's circumstances and balance those needs against the impacts to the City created by the employee's continued absence.
III. Revocation of Leave of Absence
A leave of absence may be revoked by the department director upon evidence that the cause for granting the leave of absence was misrepresented or has ceased to exist.
IV. Return Upon Expiration of Leave of Absence
A. Upon the expiration of a personal leave of absence or a non-work-related injury or illness, the employee shall be returned to his/her former position.
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35 B. Upon a release from work-related injury or illness, the employee shall be returned to his/her former position, if available, or an equivalent position, if available. If neither the former position or an equivalent position is available, the employee will be reassigned to a vacant position for which he/she is qualified. The salary for the employee in the reassigned position will be established in accordance with Section Ill of Article 47, Reclassifications.
V. Non-Qualifying Service
A leave of absence of thirty (30) days or more shall not be counted as qualifying service for the purposes of accruing vacation, sick leave, and merit salary adjustments. An employee on leave who has exhausted his/her maintenance of benefits extension granted under FMLA and CFRA may maintain health, dental, vision, LTD, and life insurance policies by remitting full monthly premium payments to the City or to the individual carriers if so directed by the City. The City will pay no portion of such premium while the employee is on unpaid leave.
VI. Leave Usage
All accrued vacation and CTO must be used prior to the effective date of leave of absence without pay.
SECTION V - TERMS AND CONDITIONS OF EMPLOYMENT
ARTICLE 42. HOURS OF WORK
I. Workweek
Either the period beginning at 12:01 a.m. Saturday and continuing until midnight the following Friday (in the case of a traditional 5/8 schedule or an alternate 4/10 schedule); or the period beginning at 12:01 p.m. Friday and continuing until 12:00 p.m. the following Friday (in the case of an alternate 9/80 schedule).
II. Work Schedule
A. Regular full-time employees will be scheduled to work five (5) consecutive eight (8) hour days for a total of forty (40) hours per week.
B. Depending upon operational needs of the department or division to which the employee is assigned, the hours of work may be scheduled during the day shift (between 6 a.m. to 6 p.m.) or the night shift (between 6 p.m. to 6 a.m.).
C. Ordinarily, the work hours will be scheduled consecutively (8 a.m. - 5 p.m., for instance), Monday through Friday. Exceptions to the work schedule can be established by the City, and assignments to the new schedule may be mutually agreed between individual employees and the City. Once agreed upon, the employee may notify the Union.
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36 If mutual agreement cannot be reached between the City and individual employees concerning the exception, the City shall assign the least senior qualified and available employee in the classification to the newly scheduled workweek. The City reserves the right to establish work schedules to meet its operational needs.
D. Employees may request an Alternate Work Schedule by completing an Alternate Work Schedule Request Form. Approval of an Alternate Work Schedule shall be on a case-by-case basis and at the sole discretion of the City.
III. Work Shift or Work Schedule Change
A. In the event the City intends to make a permanent change to an employee's assigned shift or work schedule, the City will provide the employee with written notice at least thirty (30) calendar days in advance of the date of change.
B. In the event the City intends to make a temporary change of thirty (30) to sixty (60) days, the City will provide the employee with written notice at least ten (10) working days in advance of the date of change.
C. In the event the City intends to make a temporary change of less than thirty (30) days, the City will provide the employee with written notice at least five (5) working days in advance of the date of change.
D. The timeline for implementation of work shift or work schedule changes after receipt of written notice requirement can be waived if mutually agreed upon in writing by the affected employee(s) and the City.
E. Any changes to Alternate Work Schedules are at the sole discretion of the City and the timelines outlined in the Alternate Work Schedule Request Form shall be followed.
F. The City agrees that it shall not change an employee's work shift or work schedule solely for the reason of avoiding payment of overtime.
IV. Meal Breaks and Rest Periods
A. Unpaid meal breaks will be scheduled approximately mid-point during the employee's work schedule and may be either thirty (30) minutes or one hour in length, depending on the City's operational needs. Times for meal breaks will be established by the City.
B. All employees shall be allowed rest periods not to exceed fifteen (15) minutes during each four (4) consecutive hours of work. Such rest periods will not be scheduled within one (1) hour of the beginning or the end of the workday or meal break and may be accumulated into one extended break period upon mutual agreement between employee and their supervisor.
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37 ARTICLE 43. OFF-DUTY/OUTSIDE EMPLOYMENT
I. No employee shall accept any employment during off-duty hours either within or outside the City unless the proposed employer provides general liability and workers' compensation coverage and the employment will not create a conflict of interest nor be incompatible with the employment by the City. Incompatibility of employment is outside employment that impairs an employee's ability to perform the duties of his/her City job as required.
II. Individuals who are self-employed on off-duty hours shall be exempt from the requirement to show proof of workers compensation or general liability insurance, but will be expected to fulfill the requirement to show that the self-employment will not create a conflict of interest nor be incompatible with the employment by the City.
III. Any employee considering outside employment shall file a notice with his/her department director, who will coordinate with the Human Resources Division for a determination concerning conflict of interest, incompatibility of employment, and insurance coverage. The Human Resources Division shall render a decision within ten (10) calendar days.
IV. Failure to follow the requirements of this Article 43 may result in disciplinary action up to and including discharge.
ARTICLE 44. HOLIDAY FURLOUGHS
The City may schedule a mandatory work furlough between the Christmas and New Year's holidays each year. The establishment of such a furlough will be at the City's sole discretion.
I. Employees will be notified by July 1 of each year if and when the furlough is scheduled.
II. Supervisors will notify those employees who will either be required to work, or be assigned to be on stand-by during the furlough by November 1. Employees assigned to be on stand-by during the holiday furlough shall have the option of working during this period.
III. During the furlough period, employees may use accrued CTO, vacation or take the time off without pay. The furlough will not affect health benefits and leaves and seniority will continue to accrue.
A. Any new regular employee hired on or after pay period 20 of each year, who does not have sufficient time to accrue vacation to use during the furlough may be advanced vacation time to cover the non-holiday time during the furlough.
Employees may request an advance using the prescribed form. If requesting such an advance of vacation leave, following the furlough period, the employee’s vacation will reflect a negative balance and any future vacation accruals shall be deducted until the vacation advance is fully repaid. The employee shall not take vacation leave until a positive leave balance is restored.
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38 ARTICLE 45. JOB POSTING AND CANDIDATE QUALIFICATIONS I. Posting
Notice of job openings of vacant Public Service Employees Bargaining Unit positions will be emailed to all Union employees on the City's e-mail distribution list. The recruitment period will be a minimum of five (5) work days. The City may advertise externally concurrently with the internal posting. Inquiries regarding posted vacancies must be referred to the Human Resources Division. If the City reclassifies an incumbent, the posting requirement is waived.
II. Transfer Requests
In filling such vacancies, requests for lateral transfer will be given first consideration.
III. Internal Applicants
A. Employees in the Union who apply for the vacancy and meet the minimum qualifications will be invited to participate in the testing process with all other qualified candidates. Current employees will be given "extra" consideration during the testing process through the following means:
1. If the employee passes the written exam (if given), an additional five percent (5%) of the total points available will be added to the employee's total score.
2. If the employee passes the oral examination (if given), an additional five percent (5%) of the total points available will be added to the employee's total score.
3. Under no circumstances will the additional five percent (5%) be added to a failing total score.
B. An employee who fails to meet minimum standards in any portion of the selection process will be so notified in writing by the Human Resources Division.
IV. Voluntary Demotions
A. An employee who wishes to take a voluntary demotion to a vacant position may request such action in writing to the Human Resources Division. That employee will be certified as eligible to the elected class if he/she meets the minimum qualifications and the demotion is within the class series the employee currently occupies. When these criteria are met, the employee will be considered for a vacant position along with those certified as eligible on the current eligibility list.
B. If an employee wishes to take a voluntary demotion to a vacant position outside the class series he/she currently occupies, he/she must compete successfully in the application and examination process.
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39 C. If the employee is selected for the vacancy and has not previously served a successful probationary period in the classification, he/she will be required to successfully complete a six (6) month probationary period.
ARTICLE 46. NEW CLASSIFICATIONS/MODIFICATIONS TO EXISTING
CLASSIFICATIONS
When the City establishes a new classification or modifies the job specifications for an existing classification which is assigned to the Public Service Employees Bargaining Unit, the City will meet and confer with the Union concerning the appropriate salary, the job description, or classification specification for the classification.
Once an agreement has been reached, both parties shall sign and date the final version of the class specification.
ARTICLE 47. RECLASSIFICATIONS
I. Policy
A. Reclassification is defined as a change in the class of an individual by raising it to a higher class, reducing it to a lower class, or by moving it to another class at the same level on the basis of significant changes in kind, difficulty, or responsibility of the work performed in the position. In no circumstance shall reclassification be used to reduce salary levels unless significant changes in kind, difficulty, or responsibility of the work performed provide the basis for such action.
B. Reclassification actions will be governed by the provisions of this Article. All reclassification actions are subject to the approval of the City Manager.
C. When the City assigns duties to a position which causes material changes to duties and responsibilities of that position, the Human Resources Division shall recommend the allocation of the position to a more appropriate class.
1. Duties voluntarily assumed by an employee may not be cause for reclassification.
2. If the reclassification occurs because of a reorganization of a department/division, rather than the gradual accretion of assigned duties, incumbents may or may not be reclassified with their positions based on their qualifications, City needs, and the recommendation of the appropriate department/division director, in coordination with the Human Resources Division, and the approval of the City Manager.
II. Request for Reclassification
A. An employee holding a regular position may request a classification review for the purposes of reclassification twice per year, once in January and August of each year. The request shall be made in writing on the prescribed form and shall contain DocuSign Envelope ID: 202F09BC-A1BD-4865-BB14-651A1238DBB8 116
40 written justification identifying the factors which support the need for a reclassification review. Such request will be reviewed by the Human Resources Division and the Department Director to determine if a classification review is warranted. The City shall notify the Union when a reclassification request has been made or when a study is to be performed. The City may elect to perform a classification review of certain classes or positions, whether or not such review is requested by an employee.
B. Once the reclassification request is received on the prescribed form, the HR Division will send the incumbent(s) a Position Description Questionnaire (PDQ) for completion. A comprehensive classification analysis will not be conducted until a PDQ is completed by the incumbent, reviewed by the supervisor/manager, and returned to the Human Resources Division. The Human Resources Division will acknowledge receipt of a completed PDQ within seven (7) days of receipt and if a classification review is warranted, a schedule will be established and the employee will be notified.
The City will make every reasonable effort to complete the review within sixty (60) days of acknowledging receipt of a completed PDQ. Employees will be kept informed of the status of the review as it progresses.
III. Salary Determination
The salary of an employee in a position that is reclassified shall be determined as follows:
A. Reclassification to Same Salary Range
If the position is reclassified to a class with the same salary range as the previous class, the salary rate and the City-wide seniority date and salary anniversary date of the employee shall not change. This provision shall also apply to a change of class title.
B. Reclassification to Higher Salary Range
If the position is reclassified to a class with a higher salary range than the previous class, then the salary rate of such employee(s) shall be set at the salary step in the higher class which provides a minimum of a five percent (5%) salary increase. If the increase would place the employee above the top of the appropriate salary range, the employee will be placed at the top of the new salary range. If a reclassification review takes longer than sixty (60) days to complete, upon approval, the employee will receive the increase in pay retroactive back to the pay period sixty (60) days after acknowledgement of a completed Job Analysis Questionnaire.
C. Reclassification to Lower Salary Range
If the position is reclassified to a class with a lower salary range than the previous class, the employee's salary shall be "Y" rated until general cost of living increases, equity adjustments, or other salary range adjustments result in the "Y" rate being incorporated into the lower salary range.
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41 IV. General Provisions
A. Reclassifications shall be effective on the first day of the pay period immediately following the date of the approved reclassification.
B. A reclassified employee shall not be required to serve a new probationary period and his/her City-wide seniority date shall not change. The salary anniversary date for an employee reclassified to a position in a higher salary range shall be changed to the effective date of the reclassification. When an employee is reclassified the Union agrees to waive the posting requirement. The salary anniversary date for an employee reclassified to a position in a lower salary range shall not change.
C. An employee whose salary is "Y" rated will not be eligible for cost of living or merit increases until general cost of living increases, equity adjustments or other salary range adjustments result in the "Y" rate being incorporated into the employee's salary range.
ARTICLE 48. EMPLOYEE PERSONNEL RECORDS
I. Official Personnel File
A. The City shall maintain a file that will contain all official records and documents pertinent to the employment status and history of each employee. The confidential information in personnel files will not be revealed to outside sources except as required by law, or with the written consent of the employee.
B. An employee shall be given a copy of any written materials concerning his/her performance or conduct prior to its placement into the employee's personnel file.
An employee's signature on any such document or materials will not necessarily indicate the employee's agreement with the contents of the document/materials, but it will indicate that the employee has had an opportunity to review the document/materials.
C. Employees may submit a written response or rebuttal to any statement or evaluation to be placed in the personnel file. Such response or rebuttal must be received by the employee's supervisor within ten days of his/her receipt of the document/materials.
The employee response shall remain a part of the employee's personnel records for the same duration as the document/materials to which it refers.
II. File Review
A. Upon proper request, an employee, the employee's immediate supervisor, the appropriate department director or division manager, or (with the written consent of the employee) his/her Union representative may inspect the employee's personnel file during the normal working hours of the Human Resources Division. Such permission shall not be unreasonably withheld.
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42 B. Upon request, an employee or (with an employee's written authorization) his/her union representative shall be given a copy of any written material which is part of his/her personnel record.
C. The Human Resources Division will also provide access to the file for appropriate individuals conducting business necessary for the proper administration of City affairs.
ARTICLE 49. EMPLOYEE PERFORMANCE EVALUATIONS
I. The City shall conduct employee performance evaluations on City-issued evaluation forms which may include a narrative attachment. Employees will be eligible for any appropriate annual step increase in the pay period which includes their anniversary date unless the Human Resources Division has received an employee's overall performance evaluation that is less than "meets job requirements" (or equivalent language), or the employee has reached the top step of his/her classification. No disciplinary action will be taken against an employee based on any issues raised in a performance evaluation if such issues occurred more than 365 days prior to the date the employee received the evaluation.
II. Probationary Evaluations
An employee shall receive no less than three (3) performance evaluations during the twelve (12) month initial probationary period. An employee promoted into a new classification will receive no less than two performance evaluations during his/her six (6) month probationary period. Such evaluations will be conducted at reasonable intervals. Probationary periods may be extended in accordance with Article 6 of this Agreement.
III. Employee Rights
A. Any employee has the right to file a written statement and/or a rebuttal to be attached to his/her performance appraisal and placed in the personnel file. Such statements must be filed with the reviewer within five (5) working days of receiving the evaluation.
B. An employee who disagrees with a less than satisfactory overall performance rating may, within ten (10) working days of receiving the evaluation:
1. Informally appeal the evaluation to the supervisor of the reviewer.
2. If the employee is not satisfied with the response of the supervisor of the reviewer they may appeal the evaluation to the department director.
3. Once the appeal to the department director has been filed and a decision rendered, no further appeal is available to the employee.
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43 ARTICLE 50. PAYROLL ERRORS
I. Policy
A. When an error has been made in an employee's compensation, including base salary, overtime, leave usage/accruals, premium pay, or payroll deductions, the City shall make the appropriate adjustments to correct the error. Employees shall be notified of the adjustments in writing.
B. For purposes of this section, "overpayment" means any amount of compensation as defined above that has been overpaid or over credited to an employee regardless of the reason, including but not limited to administrative, clerical, or system errors.
Similarly, "underpayment" means any amount of compensation as defined above that has been underpaid or under credited to an employee, regardless of the reason, including but not limited to administrative, clerical, or system errors.
II. Overpayment
In the case of overpayment, the employee's compensation shall be adjusted as soon as possible to the correct amount and reimbursement of the overpayment shall be mutually agreed upon between the City and the employee. The employee shall not be responsible for an overpayment error which goes beyond two (2) years prior to the discovery of the overpayment.
III. Underpayment
In the case of an underpayment, the employee's compensation shall be adjusted to the corrected amount, and the City shall reimburse the employee as soon as possible. The City will not be responsible for an underpayment error which goes beyond two (2) years prior to the discovery of the underpayment.
ARTICLE 51. GRIEVANCE PROCEDURE
I. Purpose
The purpose of the following provisions is to set forth, simply and clearly, the provisions that shall govern the processing, hearing and decision on a grievance.
The purposes of these procedures are to (1) resolve grievances informally at the lowest possible level; (2) provide an orderly procedure for reviewing and resolving grievances promptly; and (3) determine and correct, if possible, the cause of grievances.
II. Procedure
Step 1. Within ten (10) days from the event giving rise to a grievance or from the date the employee could reasonably have been expected to have had knowledge of such event, the grievant shall orally discuss the grievance with his/her immediate supervisor. A supervisor shall have five (5) days to give a response to the employee.
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44 Step 2. If a grievant is not satisfied with the response proposed at Step 1, he/she may within ten (10) days of the receipt of such response file a formal written grievance to the next level of supervision in the department which contains a statement describing the grievance, the section of the Agreement allegedly violated, and the remedy requested.
The grievance shall be signed and dated by the grievant(s). The supervisor shall, within five (5) days thereafter give a written response to the grievant.
Upon completion of Step 2, an employee whose immediate supervisor is a department director will be deemed to have completed Step 3 and be eligible to proceed to Step 4.
Step 3. If the grievant is not satisfied with the written response from the supervisor, the grievant may within ten (10) days from the receipt of such response file a written appeal to the department director. Within ten (10) days of receipt of the written appeal, the department director shall complete an investigation of the grievance, which shall include a meeting with the concerned parties, and give a written response to the grievant within ten {10) days.
Step 4. If the grievant is not satisfied with the written response from the department director at Step 3, the grievant may, within five (5) days from the receipt of such response file a written appeal to the City Manager. Within ten (10) days of receipt of the written appeal, the City Manager, shall schedule a meeting with the concerned parties, and give a written response to the grievant within ten (10) days following conclusion of the meeting.
Step 5. Advisory Arbitration.
If the grievance is not resolved at Step 4, the grievant may submit the grievance to advisory arbitration by filing a Notice of Request for Arbitration with the Human Resources Division within five (5) days of the receipt of the Department Director's written response. Within thirty (30) days of filing the Notice of Request for Arbitration, the appealing party will obtain from the State Mediation and Conciliation Service (SMCS) a list of seven (7) arbitrators. The selection of the arbitrator from the list shall occur by each party alternately striking names from the list, with the appealing party striking the first name. The appealing party shall notify the SMCS of the arbitrator selected.
The arbitrator shall conduct an evidentiary hearing in accordance with the American Arbitration Association Voluntary Arbitration Rules. The decision of the arbitrator shall be advisory only. The arbitrator's fees and costs shall be borne equally by the parties. The costs of the arbitrator's transcript, if jointly requested, shall also be borne equally by the parties. All other expenses incurred by either party in the preparation or presentation of its case are to be borne solely by the party incurring the expense. For purposes of this section, the parties shall be considered as the City of Rocklin and the Union, or if a grievant is representing himself or herself, the City of Rocklin and the grievant.
The arbitrator shall prepare a written advisory decision which shall include a statement of the decision, the facts upon which it was based, and a full description of the remedies or DocuSign Envelope ID: 202F09BC-A1BD-4865-BB14-651A1238DBB8 121
45 corrections suggested. The arbitrator's decision shall be sealed and filed with the City Manager and appealing party.
If both the City Manager and appealing party accept the advisory decision, then the matter is concluded. However, if either party or both parties should disagree with the arbitrator's decision, it/they may appeal said decision to the City Council. The City Council may accept the advisory decision and order its implementation, may modify and implement the decision and any remedies or corrections suggested, or may reject the decision. The City Council will provide a copy of the arbitrator's decision to the appealing party with the City Council's decision within thirty (30) days of receipt of the arbitrator's decision.
III. General Provisions
A. A grievant may withdraw a grievance at any step or at any time in the process by making notification in writing to the Human Resources Division. This notice must be received by the Human Resources Division within ten (10) days of the employee's receipt of the most recent decision.
B. If a grievant fails to carry his/her grievance forward to the next step within the prescribed time period, the grievance shall be considered settled based upon the decision rendered at the most recent step completed unless the grievant has notified the City that he/she is withdrawing the grievance in accordance with Section III.A. above.
C. If a supervisor or manager fails to respond with an answer within the given time period, the grievant may proceed to the next higher step.
D. The grievant may be represented by a person of his/her choice at any time during steps 2 through 5 of this procedure. The grievant concerned shall be personally present at all stages of the grievance.
E. Designated Union stewards or representatives shall be allowed reasonable time to investigate any allegations of violations of this agreement.
F. Time limits and formal steps may be waived by mutual written consent of the parties.
G. Notice is deemed given by deposit in the Unites States Postal Service, postage paid, to the last known address of the addressee, or by personal delivery.
H. Proof of service shall be accomplished by certified mail or declaration of personal delivery.
I. All employees shall be free from retaliation or reprisal in any form resulting from use of these grievance procedures.
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46 J. All materials pertaining to employee grievances shall be confidential between the employee and his/her representative, appropriate supervisory personnel, other directly involved employee(s), and appropriate City management. Personnel records of grievance complaints and supporting documents shall be maintained in the Human Resources Division separately from the employee's personnel files.
K. All written appeals mentioned herein must contain (1) the original written grievance, (2) the supervisor's response, and (3) a statement explaining why the grievant is not satisfied with the response.
L. The City will provide the Union President with a copy of each grievance filed at its initial stage.
ARTICLE 52. DISCIPLINE
I. General Policy- Disciplinary procedures do not apply to probationary employees. It is the responsibility of all employees to observe rules of conduct necessary for the proper operation of City government. The purpose of disciplinary action is to correct deficiencies in employee performance, to seek improvement to meet appropriate standards, and/or to correct for violations of City policies. The disciplinary process outlined below has been established to provide general guidelines for a fair method for disciplining employees.
II. Grounds for Disciplinary Action- Good cause for disciplinary action exists not only when there has been an improper act or omission by an employee in the employee's official capacity, but when any conduct by an employee brings discredit to the City, affects the employee's ability to perform his/her duties, causes other employees not to be able to perform their duties, or involves any improper use of the employee's position for personal advantage or the advantage of others. The type of disciplinary action shall depend on the seriousness of the offense and the relevant employment history of the employee. Causes for disciplinary action against an employee may include, but shall not be limited to, the following:
Misstatements or omissions of fact in completion of the employment application or to secure appointment to a position with the City; Furnishing knowingly false information in the course of the employee's duties and responsibilities;
Inefficiency, incompetence, carelessness, or negligence in the performance of duties;
Violation of safety rules;
Violation of any of the Personnel Rules, department rules and regulations, City policies, ordinances or resolutions;
Inattention to duty;
Tardiness or overstaying lunch periods;
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47 Being under the influence of an intoxicating beverage or non-prescription drug or prescription drugs not authorized by the employee's physician, while on duty or on City property;
Disobedience to proper authority, refusal or failure to perform assigned work, to comply with a lawful order, or to accept a reasonable and proper assignment from an authorized supervisor;
Unauthorized soliciting on City property;
Unauthorized absence without leave; failure to report after leave of absence has expired or after a requested leave of absence has been disapproved, revoked, or cancelled, or any unauthorized absence from work;
Conviction of a felony, or a misdemeanor involving moral turpitude, or a violation of a federal, state, or local law which negatively impacts the employee' s ability to perform his/her job or brings discredit to the City. (For purposes of this section, a misdemeanor conviction does not include a conviction based on a plea of nolo contrendere);
Discourteous or offensive treatment of the public or other employees; Falsifying any City document or record;
Misuse of City property; improper or unauthorized use of City equipment or supplies; damage to or negligence in the care and handling of City property;
Fighting, assault, and/or battery;
Working overtime without authorization;
Theft or sabotage of City property;
Sleeping on the job, except as specifically authorized for twenty-four (24) hour duty personnel;
Accepting bribes or kickbacks;
Gambling on the job;
Engaging in outside employment which conflicts with an employee's responsibilities;
Intimidation or interference with the rights of any employee; Outside work or any other activity or conduct which creates a conflict of interest with City work, which causes discredit to the City, negatively impacts the effective performance of City functions or is not compatible with good public service or interests of the City service; Abusive or intemperate language toward or in the presence of others in the work place;
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48 Failure to obtain and/or maintain minimum qualifications for a position, including licenses or certificates;
Any other conduct of equal gravity to the reasons enumerated above as determined by the City.
III. Types of Discipline- Any authorized supervisory employee may propose disciplinary action for cause against an employee under his/her supervision in accordance with the procedures outlined in this Article. In general, the City shall adhere to the principles of progressive discipline.
IV. Counseling is not considered discipline. The two types of counseling are defined below:
A. Verbal Counseling: An opportunity to communicate in a non-punitive fashion that a problem is perceived and that the supervisor is available to help solve it. This action is not appealable.
B. Documented Counseling: To communicate to the employee in writing that a repeat action may result in discipline. A copy of this counseling is given to the employee and one copy is filed in the supervisor's working file until the employee's next performance evaluation, where such counseling may be noted and then removed from the supervisor's file and destroyed. This action is not appealable.
V. Formal Disciplinary Actions
A. Written Reprimand: A written communication to the employee that an offense has been committed. The employee's immediate supervisor shall inform the department director of the disciplinary matter prior to the issuance of the written reprimand. A copy of the reprimand is given to the employee and one copy is filed in the employee's personnel file. Further steps in the disciplinary process will not be taken without the approval of the department director. The employee can request to discuss the reprimand with the department director or his/her designee within five (5) days from receiving the reprimand. The department director or his/her designee may uphold or modify the reprimand. This action is not appealable.
If the employee receives a letter of reprimand and no subsequent disciplinary action has been taken by the City during the following three (3) years, the employee may request removal of that letter of reprimand from the personnel file. Such request for removal shall not be unreasonably denied.
B. Short-Term Suspension: A suspension without pay for three (3) days or less may be proposed by the department director or his/her designee, with notification to the Human Resources Division. The employee may respond to the charges at the time the suspension is proposed.
Short-term suspensions may be appealed as designated below.
Step 1: The disciplined employee may within five (5) days from receipt of the proposed notice of discipline file a written appeal to the Human Resources Manager. Within ten DocuSign Envelope ID: 202F09BC-A1BD-4865-BB14-651A1238DBB8 125
49 (10) days of receipt of the written appeal, the Human Resources Manager or his/her designee shall convene a meeting with the concerned parties. Within ten (10) days following the meeting, the employee will receive a final order upholding, modifying, or revoking the proposed discipline.
Step 2: If the employee is not satisfied with the Step 1 response, the employee may submit the dispute to advisory arbitration following the procedure in Section VIII of this Article.
C. Long-Term Suspension, Reduction-in Pay, Demotion, and Dismissal: Subject to the pre-disciplinary procedures hereinafter specified, the department director or his/her designee in consultation with the Human Resources Manager may:
1. Impose a suspension without pay for four (4) working days or more upon an employee. Such suspension shall, however, not exceed a period of thirty (30) working days except if the suspension is imposed because of an employee's trial by a court of law, the suspension may extend to such a time that the court has rendered its decision.
2. Place an employee at a lower salary step in the employee's current range.
3. Demote an employee to a position in a lower class with an appropriate reduction in pay.
4. Dismiss an employee from City service.
VI. Although one or more of these steps may be taken, no formal order or system is necessary. The City reserves the right to deviate from this process when it feels that circumstances warrant such a deviation. The severity of the action depends on the nature of the offense and an employee's record, and may range from verbal counseling to dismissal.
VII. Pre-disciplinary Procedures (Skelly Process)
A. Prior to imposing a suspension of four days or more, a reduction -in-pay, demotion, or dismissal, the City shall first provide the employee with a written notice of reasons for the proposed action. The notice shall either be delivered personally to the employee or sent by Certified Mail, Return Receipt Requested, and shall notify the employee of his/ her right to request a pre-action response meeting to determine if there is cause for the proposed personnel action. A request for a meeting must be made to the Human Resources Manager on or before seven (7) days after the notice of intended action is delivered to the employee.
B. Upon receipt of the employee's request, the Human Resources Division shall notify the employee of the time and place for the response meeting to be held. Such meeting will be held within ten (10) days after receipt of the request therefore. The employee shall be entitled to be present at the meeting together with a designated representative. Pre-action response meetings are to be conducted by the appropriate DocuSign Envelope ID: 202F09BC-A1BD-4865-BB14-651A1238DBB8 126
50 City official informally, and shall provide the employee with the opportunity to refute, explain, or otherwise address the proposed statement of charges. The final decision on discipline shall be rendered within ten (10) days after conclusion of the meeting, and shall be final unless timely appealed by the employee.
C. The appropriate City official is the City official authorized to impose the discipline unless that official was involved in the underlying cause of the discipline in such a manner as to impair the official's impartiality. In such cases, the City Manager shall designate another City official to conduct the meeting.
VIII. Appeal Process for Long-Term Suspension, Reduction-in-Pay. Demotion. or Dismissal A. An employee subject to a long-term suspension, reduction-in pay, demotion, or dismissal after the pre-disciplinary meeting may appeal such action by filing a Notice of Request for Advisory Arbitration with the Human Resources Manager.
The appeal shall contain a full discussion of the reasons which the employee is asserting as justification of the appeal. The request must be received by the Human Resources Manager within ten (10) days after the employee received the written statement of disciplinary action.
B. Within thirty (30) days of filing the Notice of Request for Advisory Arbitration, the appealing party will obtain from the State Mediation and Conciliation Service (SMCS) a list of seven (7) arbitrators. The selection of the arbitrator from the list shall occur by each party alternately striking names from the list, with the appealing party striking the first name. The appealing party shall notify the SMCS of the arbitrator scheduled.
C. The arbitrator shall conduct an evidentiary hearing in accordance with the American Arbitration Association Voluntary Arbitration Rules. The decision of the arbitrator shall be advisory only. The arbitrator's fees and costs shall be borne equally by the parties. The costs of the arbitrator's transcript, if jointly requested, shall also be borne equally by the parties. All other expenses incurred by either party in the preparation or presentation of its case are to be borne solely by the party incurring the expense. For purposes of this section, the parties shall be considered as the City of Rocklin and the Union, or if a grievant is representing himself or herself, the City of Rocklin and the grievant.
D. The arbitrator shall prepare a written advisory decision which shall include a statement of the decision, the facts upon which it was based, and a full description of the remedies or corrections suggested. The arbitrator's decision shall be sealed and filed with the City Manager and appealing part y. The City Manager may accept the advisory decision and order its implementation, may modify and implement the decision and any remedies or corrections suggested, or may reject the decision. The City Manager will provide a copy of the arbitrator's decision to the appealing party with the City Manager's decision within ten (10) days of receipt of the arbitrator's decision.
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51 ARTICLE 53. LAYOFF/REDUCTION IN FORCE
I. The City may undertake a reduction in force for any or all of the following reasons: lack of work, lack of funds, a material change in duties or organization, in the interests of economy, or for any other good cause.
The need to reduce the City's work force, or to alter or change its staff organization plan, or to discontinue any program or programs is within the sole and exclusive discretion of the City. The City Manager shall consider implementation of alternate cost saving measures prior to implementing a layoff. If it becomes necessary to reduce the City's staff, the City Manager shall analyze the status of the City's funding resources and the remaining work which must be accomplished. The City Manager shall define the work to be performed and the organizational structure necessary to accomplish the City's work program. The City Manager shall identify employees for layoff utilizing the system as described below:
II. Order of Layoff:
Employees within the same classification shall be laid off as follows:
A. All temporary employees shall be laid off in an order determined by the City Manager before any probationary employees.
B. All part-time probationary employees shall be laid off in an order determined by the City Manager, before any full-time probationary employees.
C. All probationary employees shall be laid off in an order determined by the City Manager before any regular employees.
D. All part-time regular employees shall be laid off in an order determined by the City Manager before any full-time regular employee.
E. When it becomes necessary to reduce the force in any department by layoff of regular full-time employees, seniority shall be the determining factor.
III. Seniority:
A. Seniority will be determined by the length of continuous service in the affected classification. Approved leaves taken in accordance with FMLA/CFRA regulations and layoffs of less than one year shall not constitute a break or interruption in service for purposes of determining continuous service. Seniority shall not include any time an employee was not working due to disciplinary reasons (i.e. suspension), or not actually in City employment due to his/her voluntary or involuntary termination, retirement, or layoff which exceeds twelve (12) months. Seniority shall be adjusted for approved leaves of absences of more than thirty (30) days commensurate with the length of the leave(s) of absence.
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52 B. If due to a previous layoff/reduction in force an employee was displaced (bumped) from a higher-level class, length of continuous service for the purpose of calculating seniority shall include the total of the following:
Time served in the classification with the identical title, or the same classification which has been re-tit led.
All time served in the affected classification from bumping date forward.
IV. Bumping Rights:
A. Employees notified of a pending layoff shall have bumping rights to a lower class which they previously occupied, and for which they meet the minimum qualifications. If an employee should elect to exercise his/her bumping rights as provided herein then such employee shall be compared against all employees within the said lower classification in accordance with the foregoing methodology. In order to exercise their bumping rights, an employee must submit their request to bump in writing to the Human Resources Division within five (5) working days of receipt of the layoff notice.
B. Employees bumping to a lower class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be above that received in the class from which the employee was laid off. The salary anniversary date of the employee shall not change.
C. Employees bumping to a lower class shall serve a probationary period unless they have previously successfully completed a probationary period in that classification.
V. Notice of Layoff:
Regular employees shall be notified of layoff at least thirty (30) calendar days in advance of the effective date of the layoff. The notice shall either be handed to the employee or delivered by certified mail to the latest address the employee provided to the City. Proof of service shall be accomplished by certified mail or declaration of personal delivery.
AFSCME representative must be notified of layoffs.
VI. Re-employment:
A. In the event of a layoff, the City shall maintain a re-employment list for each class impacted by layoff for a period of twenty-four (24) months. Re-employment shall be per class based on total City seniority. No new hires in any class where layoffs occurred will be made until the re-employment list is exhausted.
B. Laid off employees, who are offered and refuse re-employment; who do not respond to a notice of re employment; or who do not report for work within fourteen (14) calendar days of notice of re employment shall be removed from the re-employment list and shall be deemed to have waived all rights to re-employment.
Notice of re-employment shall be served on the employee by certified mail at the latest address listed in City personnel records. It's the employee's responsibility to DocuSign Envelope ID: 202F09BC-A1BD-4865-BB14-651A1238DBB8 129
53 inform the Human Resources Division of any address changes they have after layoff. The notice shall be deemed served four (4) calendar days following the date it was mailed.
C. Upon re-employment from layoff, prior service will be counted for purposes of accruing sick leave, vacation and seniority for determining probationary status and merit salary increases. Unused sick leave shall be reinstated upon the re- employment of the employee.
SECTION VI - UNION RIGHTS
ARTICLE 54. DUES DEDUCTION AND MAINTENANCE OF MEMBERSHIP I. Dues Deduction
A. Upon receipt of a written request and authorization from an employee for deduction of Union dues and other lawfully permitted fees, the City shall withhold such dues and fees from the salary of the employees and remit the withholdings to the Union.
B. Upon return from leaves of absence, the City shall reinstate the payroll deduction of Union dues of those employees who are on dues check-off immediately prior to taking leave.
II. Union Membership
A. Union membership is not a mandatory condition of employment for any employee covered by this agreement. However, any employee covered by this agreement who is a Union member on the date this agreement is ratified by the Union membership, shall continue to pay to the Union those dues or fees regularly charged members of the Union in good standing for the term of this MOU, as stated in Article 4.
B. Every employee who is a member of the Union shall have the right to withdraw during the period thirty (30) calendar days prior to the expiration date of this agreement. An employee who has properly withdrawn membership as provided herein shall not be subject to the provisions of this section.
III. Compliance Procedure.
A. When a new employee is hired into the Public Service Employees Bargaining Unit, the Human Resources Division will notify the Union within thirty (30) days of their employment with information consistent with the City's prescribed AB 119 employee opt out form, which may include their name, hire date, job title, department, location/division, phone numbers, personal email address, and home address.
DocuSign Envelope ID: 202F09BC-A1BD-4865-BB14-651A1238DBB8 130
54 B. The Union will contact the employee following notification by the City. The Union will notify the employee, in writing, of their rights and responsibilities regarding the payment of Union dues.
IV. New Employee Orientation
A Union representative will explain to new employees their rights and responsibilities with regard to Union representation at a monthly orientation meeting for new employees.
The meeting will be scheduled by the Human Resources Division, and the Union president will be notified of the time and date at least ten (10) days in advance of the orientation, unless other arrangements have been made with the Union. Release time for this meeting will not exceed 30 minutes plus travel time, if necessary.
V. Public Service Employees Bargaining Unit List:
A. Monthly, the City will send the Union an employee list containing employee's information consistent with the City' s prescribed AB 119 employee opt out form, which may include their name, hire date, job title, department, location/division, phone numbers, City email address, personal email address, and home address.
ARTICLE 55. UNION REPRESENTATION AND UNION STEWARD
The City recognizes and agrees to deal with employees who are properly identified as Union stewards and representatives in all matters relating to grievances and interpretation of this Agreement. A properly identified Union steward or representative may represent any Union employee, but the Union will take all reasonable steps to ensure that the same steward or representative represents the Union employee in all meetings concerning a particular matter.
A written list of officers of the Union, who are designated as the Union's representatives, and the Union stewards with the specific areas they represent shall be furnished to the City immediately after their designation. The Union shall notify the City promptly in writing of any changes of such Union officers or stewards.
ARTICLE 56. UNION TIME
The City shall allow a maximum of eight (8) hours per month to the Union President or his/her designee for the purpose of conducting Union business. Time spent on union business will be recorded on the employee's timesheet, and will not be counted towards overtime. The Union president or his/her designee (who is requesting the release time) shall submit a written request to the first-level supervisor in his/her department who is not part of the Union, at least twenty- four (24) hours prior to the use of said time. A copy of the approved request will be forwarded to the Human Resources Division. Hours not used in a given month may be accumulated to a total never to exceed twenty-four (24) hours.
Union time may be used for, but not limited to, attending union meetings, training, and conducting union business. It is not intended for meet and confer issues or grievances.
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55 ARTICLE 57. USE OF CITY FACILITIES
Upon request, the City may permit the Union to use facilities to meet with employees. Use of City meeting facilities requires reasonable advance written notice to the Human Resources Division and is subject to the availability of space. Union meetings with employees will be held outside normal work hours. Requests for use of City facilities for this purpose will not be unreasonably denied.
ARTICLE 58. COMMUNICATION WITH MEMBERSHIP
I. Email
The Union shall have the right to make reasonable use of the City of Rocklin email system to communicate with members, conduct Union business, and disseminate Union related information.
II. Inter -office Mail
The Union shall have the ability to make limited, reasonable use of the City of Rocklin inter- office mail system to communicate with members, and conduct Union business. The City shall not incur additional costs as a result of the access described above or be held liable as a result of the use of the inter -office mail system; and the Union waives any claims against the City for the acts of the City or City's failure to act in handling Union communication through the City inter- office mail system. This section is not subject to the grievance process.
ARTICLE 59. ADVANCE NOTICE
The City shall give reasonable written notice to the Union of any ordinance, rule, policy, resolution, or regulation directly relating to matters within the scope of representation and shall give the Union the opportunity to meet and confer.
ARTICLE 60. LABOR-MANAGEMENT COMMITTEE
The Parties agree to create a joint labor-management committee (LMC) to encourage open communications, promote harmonious relations, and resolve matters of mutual concern. The LMC will be governed by the following principles:
1. The Committee will meet once every three months or on a different schedule as mutually agreed by the Parties.
2. Each Party will share an agenda with the other at least five (5) work days before each meeting.
3. The City will give paid release for up to three (3) employees to attend each meeting.
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56 4. The Parties agree to discuss issues raised on agendas in an effort to solve problems and ensure that all concerned have accurate and complete information about labor-management subjects.
SECTION VII - MISCELLANEOUS PROVISIONS
ARTICLE 61. MODIFIED DUTY
I. This program covers Union employees being treated for an illness or injury when it is determined by the treating physician that they may be able to return to work on a temporary basis with modified duties/tasks. The modified duty assignments are intended to be temporary in nature and shall be based upon the employee's medical restrictions and the City's operational needs. Modified duty assignments are NOT to be considered permanent placements and typically will not exceed ninety (90) days.
II. Modified Duty Assignments:
1. Shall be made based on the needs of the City.
2. When it is determined by the treating physician that an employee is able to return to work, it will then be the employee's responsibility to notify the Human Resources Division. It is the responsibility of Human Resources to provide the Medical Restrictions Evaluation Form (Appendix B) to the employee and attach a copy of the employee's job specifications, which includes the physical requirements of their job. It is the employee's responsibility to have the form completed by their treating physician. The completed form is then to be returned to the Human Resources Division.
3. The goal shall be to make the assignment no later than five (5) days after the City receives a completed City provided Medical Restrictions Evaluation Form (Appendix C) from the injured worker's treating physician.
4. Assignments shall end upon:
The date of release from all medical restrictions by the treating physician The injured worker's placement in a rehabilitation plan due to permanent restrictions
The unavailability of modified duty assignments as determined by the Human Resources Manager. When determining the availability of assignments, the Human Resources Division shall give preference to employees who have sustained work related illnesses or injuries. Should there be a denial of an employee's workers' compensation claim, the employee shall be treated as an employee who has not suffered a work- related injury. If necessary, an employee who is on a modified duty assignment due to a non-work-related illness or injury shall be replaced by DocuSign Envelope ID: 202F09BC-A1BD-4865-BB14-651A1238DBB8 133
57 an employee who has subsequently qualified to be assigned to a modified duty assignment due to a work-related illness or injury.
5. Generally, the modified duty assignment under this program shall not exceed ninety (90) calendar days. The Human Resources Division and the department director must approve, in writing, the extension beyond ninety (90) calendar days and at thirty (30) calendar-day intervals thereafter.
6. Prior to working a modified duty assignment, the employee shall be informed, in writing, utilizing a Modified Duty, Return to Work Assignment form (Appendix C) of the conditions and restrictions of the modified duty assignment.
7. Modified duty assignments shall be allocated based on the needs of the City as determined by the Human Resources Division. An employee assigned a modified duty assignment may be subject to changes in department or/or duties:
however, every effort will be made to avoid changes in shift assignment.
III. Salary and Benefits While on a Modified Duty Assignment
1. Employees shall receive their regular salaries, sick leave accrual, vacation leave accrual, and other benefits consistent with the terms of the MOU.
2. Employees shall report for their modified duty assignment when assigned.
3. Failure to report for duty as assigned may constitute insubordination and result in disciplinary action up to and including discharge.
4. Employees have the right to refuse a modified duty schedule for a non-work- related injury due to physical reasons/limitations, or to use vacation time in lieu of the offered modified duty.
IV. Medical Restrictions Evaluation Form
An employee's treating physician must complete a City provided Medical Restrictions Evaluation Form (Appendix C), and identify in writing the employee's limitations and restrictions in sufficient detail to enable the Human Resources Division to determine a suitable work assignment.
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58 WHEREAS, the parties hereto have entered into this Memorandum of Understanding on the ______ day of, August, 2023.
CITY OF ROCKLIN
By:___________________________________
Jack Hughes, Lead Negotiator
Liebert, Cassidy, Whitmore
By:
Aly Zimmermann, City Manager
AFSCME COUNCIL 57 LOCAL 146, AFL-CIO
REPRESENTING THE CITY OF ROCKLIN PUBLIC SERVICE EMPLOYEES
BARGAINING UNIT
By: By:
Ronald Slaven, AFSCME Business Agent Tony Trull, Union Chapter President
DocuSign Envelope ID: 202F09BC-A1BD-4865-BB14-651A1238DBB8 135
59 APPENDIX A
FLEET MECHANICS' MINIMUM REQUISITE TOOL LIST
Below is a list of hand tools which each Fleet Mechanic employed with the City of Rocklin will be required to possess at and during their employment. The descriptions and numbers are per the Mac Tool catalog.
MS100 – Starter Services Set Part Number List
Tool Description
BallPeenHammer,16oz. VBTC016 $22.99
CircuitTester,6-12Volt LS28830 $99.95
Round Head Ratchet, 5", ¼" Drive (MRR5) TR3 $87.21
Punch&ChiselSet,l0Piece KCP10ST $228.96
Pliers Set, 5 Piece CPL303NG $97.95
LongCombinationWrenchSet,12Point,7Piece SAE WCP17LST $349.96 Metric Combination Wrench Set,12 Piece WCM2125T $424.93 Spark Plug Socket, 5/8" T222OSPA $17.16
MetricSocket Set,6Point,12Piece STM0213S $200.60
Socket Set, 6Point,10Piece ¼ ST0210SP $138.80
MetricSocketSet,6Point, 14Piece(SXM146TR) STl0212MS $165.41 Mighty EconomySet,6Point,19Piece(SX196BR),
3/8"DriveWhichConsistsof: TSO4755 $945.09
Standard Socket s, 8 Each, 3/ 8" -13/ 16" ST2213S $234.46 Deep Sockets, 8 Each, 3/8" - 13/16" ST2213LS $357.17
Universal Joint UJ0 $44.34
Ratchet 7 ½" Long, 3/8" Drive JR72 $105.92
Tool Description
Battery Pliers, 7 ½" Wrench Grip (BP14) ECBK725 $18.99
Clamp Spreader & Cleaner (BP20) ECBK706 $17.99
Battery Post Cleaner, Four in One (4 in 1) (BTB541) ECBK541 $7.87 Standard Deadblow CompoCast Hammer, 26 oz.
(CH50-0) CTHTC2B $39.95
Master Off-Set Gauge (FG275) RBFG26 $12.95
Fold-Up Hex Key Set, 1.5 - 6mm (HKPM17) EK20811 $31.56
Fold-Up Hex Key Set, .050- 3/16" (HKP915) EK21151 $11.24 Spring Claw (FD612) UL16 $8.51
Heavy-Duty Pry Bar W/Bent Head 12 INCH PBH12C $46.20
Chisel Putty Knife, 1 5/16" (PK2) CTG702 $14.95
Pozidrive SD W/ComfortGrip, #2, ¼" x 4"
(PZD24AB) ZZCSD8S $167.82
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60 FlareNutWrenchSet , 5Piece(SFBSPGTR) BWFMP6ST $296.19 Extension Set,¼" Drive, 5 Piece(SMESPT) E05ST $115.01
Torx Tip SD W/ComfortGrip, #15 (S715A) HR668 $33.94
Folding Tone Key Set, 7 Piece (TX7F) EK25581 $22.95
C-Clamp ViseGrip, 11" (VGllR) VG11R $29.11
DeepSocket,7/8" ,6Point(XD286R) CBPl210L $8.95
Deep Socket, 15/16", 6 point (XD306R) CBPl211L $9.95
Spinflex Ratchet, 11", 3/8" Drive (XRSllFPA) FAB15 $49 .95 Extension, 12" (X12E) E212 $38.63
Standard Socket, 6 Point 7/8" (X286R) CBPl210 $7.95
Standard Socket, 6 Point, 15/16" (X306R) CBPl211 $8.95
Standard Socket, 6 Point , 1" (X326R) CBPl212 $8.95
Extension, 611 (X6E) E26 $31.67
Tool Description
Universal Joint,¼" Drive (M3U) UJ0 $44.39
MetricLongCom binationWrenchSet,12Point,7Piece
(SML7PTR) WCMB19S $558.48
Magnetic Screwdriver Kit, 10 Piece{SPM29AK) CSDl0S $132.95 Socket Set, 6 Point, 15 Piece (SV156TR) ST2213S $234.46 Hex Drive Set, 3/8" Drive, 7 Piece (SXA7T) CBS702SXL $46.95 DeepMetricSocketSet,6Point,14Piece(SXDM146TR) STl2212LLMS $246.22 Ratchet, 10",½" Drive (VRlO) SR72H $167.44
Extension, 5" (V5E) E35 $33.92
Flex Handle (X12F) HF324H $154.33
Tool Description
Long Combination Wrench, 12 Point, 13/16" (CL262R) CWP2626 $51.77 Long Combination Wrench, 12 Point, 7/8" (CL282TR) CWP2828 $56.95 Long Combination Wrench 12 Point, 15/16" (CL302TR) CWP3030 $66.57 Long Combination Wrench, 12 Point, 1" (CL322TR) CWP3232 $75.83 Deep Metric Socket Set, 6 Point, 10 Piece
(SMDM106TR) STM3210LS $336.80
Deep Socket Set, 6 Point , 8 Piece (SMD86TR) STl327LS $204.26
Tool Description
Impact Adapter,½" - 3/ 8" (AP1612) A32 $24.08
Air Ratchet, 3/8" (AR2134) CAT6000SDG $194.95
Impact Air Wrench,½" (AW434) IRC9000 $364.95
Adapter,½" - 3/8" (A1612) AP32 $26.12
Ball Peen Hammer, 32 oz. (BH32A) VBTC432 $25.92
Flashlight W/Magnet,Two(2)DCell{FLGHM2D) STL95033 $192.95 Inspection Mirror, 2 1/8" x 3 ½" (MK2) CTGIM2 10.95
Telescopic Flex Power Magnet (MP5A) ULHT3 $26 .15
Torx Drive, #25, ¼" Drive {MT25) CB59250 $7.95
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61 Combination Wrench, 12 Point, 16 mm (M16CWR) CW16MML $55.41 Combination Wrench, 12 Point, 17 mm (M17CWR) CW17MML $59.93 Combination Wrench, 12 Point, 18 mm (M18CWR) CW18MML $61.76 Combination Wrench, 12 Point, 19 mm (M19CWR) CW19MML $68.90 FractionalNutDriveSet,7Piece(ND7PT) MWE48222407 $57.03
Replaceable Tip Pliers Set (PKI00) LS46200 $35.91
Retractable Knife (PK99) M WE482 21502 $28.47
Phillips Screwdriver W/ Comfort Grip, 18", #1
{P3181AR) CSD163PG $21.95
Phillips Screwdriver W/ComfortGrip, 18", #2
(P3182AR) CSD218PG $21.95
MetricRatchetingBoxWrenchSet,7Piece(RBOWM7PT) CRW8MSA $164.95 Combination File Set W/ComfortGrip(SCbF4AK) IP8108 $107.95 Flare Nut Wrench Set, 6 Piece (SFBM66PTR) BWFP4ST $170.89 Impact Driver Set, 13 Piece (SID13B) ZZS210S $70.89
Lady Foot BarSet,3Piece (SLF3) PB4ST $256.76
Utility Tool Set, 5 Piece (SS5) CTG5UST $39.95
Bolt Grip Set (STP100M) CTGBE15ST $156.95
Deep Metric Impact Socket Set, 6 Point, 11 Piece
(SVDPM116TR) STl2212LLMS $246.22
Deep Impact Socket Set, 6 Point, 13 Piece
(SVDP136TR) STl2112LLMS $246.22
Tool Description
WobbleExtensionSet,3/ 8"Drive,5Piece(SXEWS PT) TSMUP225RS $275 .30 Metric Hex Drive Set,3/8" Drive,7Piece (SXMA7T) STl2212LLMS $246 .00 Metric Impact Socket Set, 6 Point, 20 Piece
(SXPM206PTR) STl2212MS $168.80
Impact Socket Set, 3/8" Drive, 17 Piece (SXPl7PTR) STl227LLS $159 .55 Universal Socket Set, 6 Point, 7 Piece (SXU76T) STl 228118.81 $337.89 Terminal Crimper/Wire Stripper (TCT60A) CCL909 $32.95
Vice-Grip Set W/Kit Bag, 5 Piece (VG5SKB) CPLL68 $74.95 Impact Universal Joint (VUP2BA) UPJ3SP $2 2.76
Flex Handle, 24" (V24F) SRF76LH $254.05
Extension, 1" (XlE) E22 $14.62
Extension, 8" (X8E) E29 $31.86
Tool Description
Clear, Anti-Fog Goggles Provided by the City
Hack Saw Blades Provided by the City
Filter Wrenches Provided by the City
Screw Extractor Set W/Box Provided by the City
Super Tap & Hex Die Set Provided by the City
All Torque Wrenches Provided by the City
MICROMETER Provided by the City
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62 MICROMETER Provided by the City
MICROMETER Provided by the City
Heavy -Duty Starter Switch W/ Test Light Provided by the City Wheel Lug Socket Set W/ Extension Provided by the City
All Tools in Excess of 1 ¼" (One & One Quarter Inches) Provided by the City
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63 APPENDIX B
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64 MEDICAL RESTRICTIONS EVALUATION
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65 APPENDIX C
MODIFIED DUTY RETURN TO WORK ASSIGNMENT
The City will ensure that any modified or alternative duty assignment does not exceed the employee's current medical restrictions. It is the employee's responsibility to work within the restrictions provided by the treating physician and to report any medical difficulty to both his/her supervisor, Risk Management, and the physician.
EMPLOYEE:
Usual and Customary Classification:
Supervisor: Phone:
Modified/alternative duty assignment:
This assignment shall be in effect from to
and shall not exceed 60 days unless extended in writing. This assignment is mutually agreed upon and may be modified as deemed necessary.
The modified/alternative duty assignment shall initially consist of the following:
RESTRICTIONS:
This modified/alternative duty form will remain confidential. By signing this Return to Work Assignment form, all parties agree to abide by its terms.
Employee: Date:
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66 Department Director: Date:
Human Resources Manager: Date:
Attached is a copy of medical restriction/s dated:
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Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Office Assistant I 5 37,430 38,740 40,096 41,499 42,951 44,455 46,011 47,621 49,288 51,013 Office Assistant II 11 43,407 44,926 46,499 48,126 49,810 51,554 53,358 55,226 57,159 59,159 Code Enforcement Technician 14 46,744 48,380 50,074 51,826 53,640 55,518 57,461 59,472 61,554 63,708 Senior Office Assistant 15 47,914 49,591 51,327 53,123 54,983 56,907 58,899 60,960 63,094 65,302 Street Maintenance Worker I
Landscape Services Worker 17 50,339 52,101 53,924 55,811 57,765 59,787 61,879 64,045 66,286 68,606 Street Maintenance Worker II
Equipment Mechanic I 19
52,888 54,739 56,655 58,638 60,690 62,815 65,013 67,288 69,644 72,081 Planning/Building Technician I
Traffic Maintenance Assistant
Building Maintenance Worker 20 54,210 56,108 58,071 60,104 62,208 64,385 66,638 68,971 71,385 73,883 Irrigation Maintenance Technician
Accounting Technician I 21
55,566 57,510 59,523 61,607 63,763 65,995 68,304 70,695 73,169 75,730 Senior Street Maintenance Worker
Landscape Services Trades Worker 22 56,955 58,948 61,011 63,147 65,357 67,644 70,012 72,462 74,999 77,623 Public Services Technician
Senior Building Maintenance Worker
Administrative Assistant 23
58,379 60,422 62,537 64,725 66,991 69,335 71,762 74,274 76,873 79,564 Engineering Technician I
Planning/Building Technician II
Recreation Coordinator
Equipment Mechanic II 24 59,838 61,932 64,100 66,344 68,666 71,069 73,556 76,131 78,795 81,553 City of Rocklin
Public Service Employees Salary Schedule B
Effective September 23, 2023
144
Accounting Technician II 25 61,334 63,481 65,703 68,002 70,382 72,846 75,395 78,034 80,765 83,592 Community Development Technician
Environmental Services Technician
Building Inspector I 26 62,867 65,068 67,345 69,702 72,142 74,667 77,280 79,985 82,784 85,682 Construction Inspector I
Fire Inspector I
Landscape Inspector
Public Works Inspector I
Senior Irrigation Maintenance Technician
Engineering Technician II 27
64,439 66,694 69,029 71,445 73,945 76,533 79,212 81,984 84,854 87,824 GIS/Engineering Technician
Permit Center Coordinator
Administrative Technician
Accountant I 28
66,050 68,362 70,754 73,231 75,794 78,447 81,192 84,034 86,975 90,019 Building Trades Worker
Code Enforcement Officer
Senior Equipment Mechanic
Building Maintenance Supervisor 29 67,701 70,071 72,523 75,062 77,689 80,408 83,222 86,135 89,150 92,270 Traffic Control and Lighting Technician
Community Development Inspector 30 69,394 71,823 74,336 76,938 79,631 82,418 85,303 88,288 91,378 94,577 Construction Inspector II
Environmental Services Specialist
Housing Specialist
Public Works Inspector II
Senior Building Trades Worker
Building Plans Examiner 31
71,129 73,618 76,195 78,862 81,622 84,479 87,435 90,496 93,663 96,941 GIS Analyst I
Information Technology Specialist
Recreation Supervisor
Building Inspector II 32 72,907 75,459 78,100 80,833 83,662 86,591 89,621 92,758 96,004 99,365 Fire Inspector II
Senior Construction Inspector
Senior Traffic Control and Lighting Technician
145
Accountant II 33 74,730 77,345 80,052 82,854 85,754 88,755 91,862 95,077 98,405 101,849 Assistant Planner
Fleet Services Supervisor
Landscape Services Supervisor
Permit Services Supervisor
Street Maintenance Supervisor
Assistant Civil Engineer 35
78,513 81,261 84,105 87,048 90,095 93,249 96,512 99,890 103,386 107,005 Facilities Maintenance Supervisor
Public Services Operations Supervisor
Senior Information Technology Specialist
Assistant Land Surveyor 37
82,487 85,375 88,363 91,455 94,656 97,969 101,398 104,947 108,620 112,422 Parks Division Supervisor
Traffic Maintenance Supervisor
Administrative Analyst 39 86,663 89,697 92,836 96,085 99,448 102,929 106,531 110,260 114,119 118,113 Associate Planner
Building Division Supervisor
Facilities Operations Superintendent
Fire Prevention Plans Examiner
GIS Analyst II
Information Technology Analyst
Land Development Engineer
Senior Accountant
Senior Information Technology Analyst 42
93,327 96,593 99,974 103,473 107,095 110,843 114,723 118,738 122,894 127,195 Associate Civil Engineer 43 95,660 99,008 102,474 106,060 109,772 113,614 117,591 121,706 125,966 130,375 Deputy Fire Marshal
Plan Check Engineer 44 98,052 101,483 105,035 108,712 112,517 116,455 120,531 124,749 129,115 133,634 Senior Planner
146
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Office Assistant I 5 37,430 39,301 41,266 43,329 45,496 47,771 Park Services Aide
Office Assistant II 11 43,407 45,577 47,856 50,249 52,761 55,399 Code Enforcement Technican 14 46,744 49,082 51,536 54,113 56,818 59,659 Senior Office Assistant 15 47,914 50,310 52,825 55,467 58,240 61,152 Street Maintenance Worker I
Landscape Services Worker 17 50,339 52,856 55,498 58,273 61,187 64,246 Street Maintenance Worker II
Equipment Mechanic I 19 52,888 55,533 58,309 61,225 64,286 67,500 Planning/Building Technician I
Traffic Maintenance Assistant
Building Maintenance Worker 20 54,210 56,921 59,767 62,755 65,893 69,188 Irrigation Maintenance Technician
Accounting Technician I 21 55,566 58,344 61,261 64,324 67,540 70,917 Senior Street Maintenance Worker
Landscape Services Trades Worker 22 56,955 59,802 62,793 65,932 69,229 72,690 Public Services Technician
Senior Building Maintenance Worker
Administrative Assistant 23 58,379 61,298 64,362 67,581 70,960 74,508
Engineering Technician I
Planning/Building Technician
Recreation Coordinator
City of Rocklin
Public Service Employees Salary Schedule A
Effective September 23, 2023
147
Equipment Mechanic II 24 59,838 62,830 65,971 69,270 72,734 76,370 Accounting Technician II 25 61,334 64,401 67,621 71,002 74,552 78,279 Community Development Technician
Environmental Services Technician
Building Inspector I 26 62,867 66,011 69,311 72,777 76,416 80,236 Construction Inspector I
Fire Inspector I
Landscape Inspector
Public Works Inspector I
Senior Irrigation Maintenance Technician
Engineering Technician II 27 64,439 67,661 71,044 74,596 78,326 82,242 GIS/Engineering Technician
Permit Center Supervisor
Administrative Technician
Accountant I 28 66,050 69,353 72,820 76,461 80,284 84,298 Building Trades Worker
Code Enforcement Officer
Senior Equipment Mechanic
Building Maintenance Supervisor 29 67,701 71,086 74,641 78,373 82,291 86,406 Traffic Control and Lighting Technician
Community Development Inspector 30 69,394 72,864 76,507 80,332 84,349 88,566 Construction Inspector II
Environmental Services Specialist
Housing Specialist
Public Works Inspector II
Senior Building Trades Worker
Building Plans Examiner 31 71,129 74,685 78,419 82,340 86,457 90,780 GIS Analyst I
Information Technology Specialist
Recreation Supervisor
148
Building Inspector II 32 72,907 76,552 80,380 84,399 88,619 93,050 Fire Inspector II
Senior Construction Inspector
Senior Traffic Control and Lighting Technician
Accountant II 33 74,730 78,466 82,389 86,509 90,834 95,376 Assistant Planner
Fleet Services Supervisor
Landscape Services Supervisor
Permit Services Supervisor
Street Maintenance Supervisor
Assistant Civil Engineer 35 78,513 82,438 86,560 90,888 95,433 100,204 Facilities Maintenance Supervisor
Public Services Operations Supervisor
Senior Information Technology Specialist
Assistant Land Surveyor 37 82,487 86,612 90,942 95,490 100,264 105,277 Parks Division Supervisor
Traffic Maintenance Supervisor
Administrative Analyst 39 86,663 90,997 95,546 100,324 105,340 110,607 Associate Planner
Building Division Supervisor
Facilities Operations Superintendent
Fire Prevention Plans Examiner
GIS Analyst II
Information Technology Analyst
Land Development Engineer
Senior Accountant
Senior Information Technology Analyst 42 93,327 97,993 102,893 108,038 113,440 119,112
Associate Civil Engineer 43 95,660 100,443 105,465 110,739 116,276 122,089 Deputy Fire Marshal
Plan Check Engineer 44 98,052 102,954 108,102 113,507 119,182 125,142 Senior Planner
149
City Council
Staff Report
Subject:
Placer County Treasurer's Investment Pool - Designation of Authorized Staff
Date:
September 12, 2023
Submitted By:
Daniel Choe, Deputy Director of Administrative Services Department:
Administrative Services - Finance
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Authorizing Investment of Monies in the Placer County Treasurer's Investment Pool, and Designating Staff Authorized to Deposit and Withdraw Monies.
Background:
On February 26, 2013, the City Council adopted Resolution No. 2013-38, approving the investment of monies in the Placer County Treasurer's Investment Pool (PCTIP), and designating certain staff members to make deposits and withdraws. Investing in the PCTIP is consistent with the City's Investment Policy, as adopted by the City Council (Resolution No. 2023-67). As of June 30, 2023, the City has approximately $8.7 million deposited in the PCTIP. The PCTIP requires that the City staff authorized to move funds into or out of the PCTIP be identified and approved by City Council Resolution.
At this time it is necessary to update the list of who is authorized to make deposits and withdrawals in the Placer County Treasurer’s Investment Pool. Staff recommends reaffirming the authorization to invest monies in the PCTIP and designating the City Manager, the City Manager's designees, and the City Treasurer to have the authority to make deposits and withdraws from the PCTIP.
Fiscal Impact:
There is no direct fiscal impact from the staff recommendation. As of June 30, 2023, the net reported rate of return was 2.707%, with the total assets under management of $8,730,635.
Item Number 2H.
ATTACHMENTS:
1. Resolution
150
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AUTHORIZING INVESTMENT OF MONIES IN THE PLACER COUNTY TREASURER’S INVESTMENT
POOL, AND DESIGNATING STAFF AUTHORIZED TO DEPOSIT AND WITHDRAW MONIES WHEREAS, on September 8, 1992, the Placer County Board of Supervisors adopted Resolution No. 92-264 approving the procedures of Government Code Section 53684, authorizing deposit of local agency funds into the Placer County Treasurer’s Investment Pool; and
WHEREAS, pursuant to Government Code Section 27136, the Placer County Treasurer may take such time as necessary to honor a request for withdrawal so as to ensure that such withdrawal does not adversely affect the interest of other depositors; and WHEREAS, the Placer County Treasurer requires a minimum of 24 hours written notice of funds to be withdrawn or deposited; and
WHEREAS, individual investment securities are kept in a third-party safekeeping account to provide the public with the highest degree of protection; and WHEREAS, due to changes in staffing, it is necessary to update the list of City staff authorized to deposit and withdrawal monies in the Placer County Treasurer’s Investment Pool.
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. The City Council of the City of Rocklin authorize the deposit and withdrawal of City of Rocklin monies into the Placer County Treasurer’s Investment Pool for the purpose of investment in accordance with the Placer County Treasurer’s policies and procedures, as well as, applicable state statues.
Section 2. The City Council does hereby authorize the City Manager, the City Manager’s designees, and the City Treasurer to deposit and withdraw of monies to the Placer County Treasurer’s Investment Pool.
PASSED AND ADOPTED this 12th day of September, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
151
Reso. No. 2022-
____________________________________
Ken Broadway, Mayor
ATTEST:
____________________________
Haley Reid, Acting City Clerk
152
City Council
Staff Report
Subject:
Management, Confidential, and Unrepresented Employees; Updated Resolution and Salary Schedule Adoption
Date:
September 12, 2023
Submitted By:
Tameka Usher, Administrative Services Director
Department:
Administrative Services - Human Resources
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Adopting Rules, Regulations, Benefits, and Policies Relating to Employee Relations Between the Management, Confidential, and Unrepresented Employees and the City, Repealing the Provisions of Any Resolutions in Conflict Herewith, and Approving Revised Salary Schedules for Management and Confidential Employees.
Background:
Title 2 of the California Code of Regulations, section 570.5 requires the City's salary schedules to be adopted at a public meeting.
The Rules, Regulations, Benefits, and Policies Relating to Employee Relations between the City of Rocklin and the Rocklin Management and Confidential Employees were last revised on November 8, 2022, by Resolution No. 2022-220. If the Resolution (Attachment 1) being brought before the City Council today is adopted, it will be effective on September 13, 2023.
The Management and Confidential Policy is for unrepresented employees employed in classifications identified as Management or Confidential as defined in the Employee/Employer Resolution (Resolution No. 2017-237). Staff recommends the following updates to the Management and Confidential Policy:
Effective September 23, 2023, the City will increase base wages for all management and confidential classifications by 3.0% (excluding City Council Appointed positions).
Estimated cost
$217,000.
Effective July 1, 2024, the City will increase base wages for all management and confidential classifications by 2.5% (excluding City Council Appointed positions).
Estimated cost
$188,000.
Effective September 23, 2023, the City will adopt a 10-step salary schedule with 3.5% between each step. Estimated cost
$117,000.
Item Number 2I.
153
Effective January 1, 2024, the City will increase its ongoing monthly contribution to a cafeteria plan flex dollars by an additional one hundred and fifty ($150) dollars per employee. Estimated annual cost
$72,000.
Effective January 1, 2025, the City will increase its ongoing monthly contribution to a cafeteria plan flex dollars by an additional seventy-five ($75) dollars per employee.
Estimated annual cost
$36,000.
Additional changes recommended for update which have little or unknown direct cost impact include, but are not limited to:
Addition of wording for the City Manager to approve management leave cash out for special circumstances.
Addition of wording for the City Manager to approve an extra step (merit) increase for significant city-wide achievements.
Removal of existing Longevity wording.
Modification of wording for salary on promotion from a minimum of 5% to 10%.
Addition of 5% City Treasurer special pay.
Addition of regular part-time proration wording.
Adding severance pay wording.
Modification of wording regarding health benefits, holidays, leaves, overtime/compensatory time off, bereavement leave, nepotism, and probationary periods.
“Housekeeping” language changes.
Fiscal Impact:
The combined fiscal impact of the updated Resolution is estimated at $630,000.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - Management and Confidential Resolution Clean
3. Resolution Exhibit B - Management Employees Salary Schedule A & B
4. Resolution Exhibit C - Confidential Employees Salary Schedule A & B 154
Reso. No. 2022-
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
ADOPTING RULES, REGULATIONS, BENEFITS, AND POLICIES RELATING TO
EMPLOYEE RELATIONS BETWEEN THE MANAGEMENT, CONFIDENTIAL, AND
UNREPRESENTED EMPLOYEES AND THE CITY, REPEALING ANY PROVISIONS OF ANY RESOLUTIONS
IN CONFLICT HEREWITH, AND APPROVING REVISED SALARY SCHEDULES FOR MANAGEMENT AND
CONFIDENTIAL EMPLOYEES
The City Council of the City of Rocklin does resolve as follows:
Section 1. Any Resolutions in conflict herewith are hereby repealed.
Section 2. Effective September 23, 2023, the following rules, regulations, benefits, and policies attached hereto as Exhibit “A” and by this reference incorporated herein shall govern the terms and conditions of employment for the Management, Confidential, and Unrepresented Employees of the City of Rocklin are hereby approved.
Section 3. Effective September 23, 2023, the updated Management Employees Salary Schedules attached hereto as Exhibit “B” are hereby adopted.
Section 4. Effective September 23, 2023, the updated Confidential Employees Salary Schedules attached hereto as Exhibit “C” are hereby adopted.
PASSED AND ADOPTED this 12th day of September, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Ken Broadway, Mayor
ATTEST:
Haley Reid, Acting City Clerk
155
EXHIBIT A
CITY OF ROCKLIN
AND
ROCKLIN MANAGEMENT, CONFIDENTIAL, AND OTHER
UNREPRESENTED EMPLOYEES RULES, REGULATIONS,
BENEFITS, AND POLICIES
156
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Exhibit A for Reso. No. 2023-XXX
TABLE OF CONTENTS
SECTION I – GENERAL ................................................................................................. 1 ARTICLE 1. INTENT..................................................................................................... 1 ARTICLE 2. DURATION AND SUCCESSOR RESOLUTIONS .............................................. 1 ARTICLE 3. EMPLOYEE RIGHTS ................................................................................... 1 ARTICLE 4. SEPARABILITY........................................................................................... 2 ARTICLE 5. CONFIDENTIAL EMPLOYEES ...................................................................... 2 ARTICLE 6. MANAGEMENT EMPLOYEES ..................................................................... 2 SECTION II – COMPENSATION ..................................................................................... 4 ARTICLE 7. COMPENSATION....................................................................................... 4 ARTICLE 8. OVERTIME/COMPENSATORY TIME OFF .................................................... 5 ARTICLE 9. EDUCATION INCENTIVE PAY ..................................................................... 8 ARTICLE 10. SEVERANCE PAY...................................................................................... 8 SECTION III – BENEFITS ............................................................................................... 9 ARTICLE 11. HEALTH AND OTHER BENEFITS ................................................................ 9 ARTICLE 12. STATE DISABILITY INSURANCE............................................................... 12 ARTICLE 13. FLEXIBLE SPENDING PLAN ..................................................................... 12 ARTICLE 14. RETIREMENT BENEFITS.......................................................................... 12 ARTICLE 15. DEFERRED COMPENSATION .................................................................. 13 ARTICLE 16. RETIREE HEALTH BENEFITS .................................................................... 14 ARTICLE 17. TUITION REIMBURSEMENT ................................................................... 14 ARTICLE 18. UNIFORM ALLOWANCE ......................................................................... 15 SECTION IV – LEAVES ................................................................................................ 17 ARTICLE 19. VACATION ............................................................................................ 17 ARTICLE 20. HOLIDAYS ............................................................................................. 18 ARTICLE 21. SICK LEAVE............................................................................................ 18 ARTICLE 22. BEREAVEMENT LEAVE ........................................................................... 21 ARTICLE 23. MANAGEMENT LEAVE........................................................................... 22 ARTICLE 2. FAMILY AND MEDICAL LEAVE ACT/CALFORNIA FAMILY RIGHTS ACT........ 23 ARTICLE 25. LEAVE OF ABSENCE WITHOUT PAY ........................................................ 24 ARTICLE 26. JURY DUTY............................................................................................ 25 SECTION V – MISCELLANEOUS TERMS AND CONDITIONS ............................................ 1 ARTICLE 27. PROBATIONARY PERIODS ........................................................................ 1 ARTICLE 28. NEPOTISM............................................................................................... 2 ARTICLE 29. HOLIDAY FURLOUGH............................................................................... 3 ARTICLE 30. EMPLOYEE PERFORMANCE EVALUATIONS ............................................... 3 ARTICLE 31. EXTRA STEP (MERIT) INCREASE ................................................................ 4 ARTICLE 32. CITY MANAGER ADDITIONAL AUTHORITY................................................ 4 157
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Exhibit A for Reso. No. 2023-XXX
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Exhibit A for Reso. No. 2023-XXX
CITY OF ROCKLIN AND ROCKLIN MANAGEMENT/CONFIDENTIAL EMPLOYEES
RULES, REGULATIONS, BENEFITS, AND POLICIES
The City Council of the City of Rocklin hereby adopts the following rules, regulations, benefits, and policies; hereafter (“Document”):
SECTION I – GENERAL
ARTICLE 1. INTENT
This Document shall be the policy of administering the employee relations between the City of Rocklin, hereafter the “City” and the management, confidential, and other unrepresented employees of the City. All previous resolutions of the City Council in regard to salaries and benefits for employees are hereby expressly superseded.
When there is a conflict between the Rules, Regulations, Benefits and Policies Relating to Employee Relations Between the Management, Confidential, and Other Unrepresented Employees and the City and the Personnel Rules, the language in the Rules, Regulations, Benefits and Policies relating to employee relations between the Management, Confidential, and Other Unrepresented Employees and the City shall govern.
For purposes of this Document, management and confidential employees shall be defined consistently with the definition contained within the City’s Employee/Employer Resolution.
Other unrepresented employees shall be defined as those employees or classifications that are not represented by a recognized employee organization and are not performing duties consistent with the definition of management employees or confidential employees as defined by the City’s Employee/Employer Resolution, or classifications that are represented by a recognized employee organization but where the recognized employee organization does not represent temporary employees. As used herein, “full-time employee” is intended to refer to those employees that meet the definition of “full-time employee” in the City’s Personnel Rules.
ARTICLE 2. DURATION AND SUCCESSOR RESOLUTIONS
This Document shall remain in effect from the date of adoption and for each fiscal year thereafter, until or unless said resolution shall be repealed or modified by the City Council.
ARTICLE 3. EMPLOYEE RIGHTS
The provisions of this Document shall be applied equally to all employees without favor or discrimination because of race, color, creed, age, sex, sexual orientation, marital status, national origin, ancestry, political or religious opinions or affiliations, or physical or mental disability, or any other legally protected group.
159
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Exhibit A for Reso. No. 2023-XXX
ARTICLE 4. SEPARABILITY
If any provision of this Document or if the application of such provision to any person or circumstances shall be held invalid, the remainder of this document or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.
ARTICLE 5. CONFIDENTIAL EMPLOYEES
Employees in this group are designated as such by virtue of the fact that they are privy to information used in the conduct of employer/employee relations. Department Administrative Specialist
Deputy City Clerk
Executive Assistant
Executive Assistant to the City Manager
Human Resources Technician I/II
Legal Secretary
Paralegal
Payroll Technician
Senior Administrative Assistant
Senior Department Administrative Specialist
ARTICLE 6. MANAGEMENT EMPLOYEES
Employees in this group are at-will employees who serve at the pleasure of the City Council or City Manager and may be directly appointed to a vacant position. At-will employment is employment as defined by the California Labor Code as the default form of employment in the State of California.
Assistant City Attorney
Assistant City Manager
Associate Management Analyst
Chief Building Official
City Attorney
City Clerk
City Engineer/Deputy Director of Community Development City Manager
Code Enforcement Program Manager
Deputy Director of Administrative Services
Deputy Fire Chief
Director of Administrative Services
Director of Community Development
Director of Parks and Recreation
Director of Public Services
160
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Exhibit A for Reso. No. 2023-XXX
Fire Chief
Information Technology Manager
Management Analyst
Manager of Planning Services
Manager of Police Records and Communications
Parks and Recreation Manager
Payroll Administrator
Police Captain
Police Chief
Principal Management Analyst
Principal Planner
Public Services Manager
Senior Engineer
Senior Management Analyst
161
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Exhibit A for Reso. No. 2023-XXX
SECTION II – COMPENSATION
ARTICLE 7. COMPENSATION
1. Salary
Effective September 23, 2023, the City will increase base wages for all management and confidential classifications by 3.0%.
Effective, the first full pay period of July 2024, the City will increase base wages for all management and confidential classifications by 2.5%.
2. Salary Schedules
A. Salary Schedule A and Salary Schedule B
Each job classification shall have two salary schedules: Schedule A and Schedule B.
B. Move to Salary Schedule B from Salary Schedule A
All employees hired prior to July 7, 2018 shall remain on Salary Schedule A until they have achieved step 6 of the salary range. Upon achievement of step 6, such employees will move to Salary Schedule B.
Confidential employees who reach step 6 shall move to Salary Schedule B, step 8.
Management employees who reach step 6 shall move to Salary Schedule B, step 8.
C. Salary Schedule B
All employees hired or promoted into a management or confidential classification on or after September 23, 2023 shall be assigned to Salary Schedule B. Salary Schedule B shall consist of ten (10) salary steps (steps 1 through 10). The increase from step 1 to step 2 shall be approximately 3.5% with all subsequent steps increasing by approximately 3.5% through step 10.
Merit increases will be implemented at the beginning of the pay period that includes the employee’s salary anniversary date, after the employee has worked full-time for twelve (12) months and has received an overall performance evaluation rating of “meets expectations” on their performance evaluation at their current step. Merit increases must be approved by the employee’s supervisor.
3. Confidential Employees Special Pay
162
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Exhibit A for Reso. No. 2023-XXX
Confidential employees will receive 2.5% special pay to acknowledge their confidential status (consistent with the Employer/Employee Resolution) by virtue of the fact that they are privy to information used in the conduct of employer/employee relations.
4. City Treasurer Special Pay
If the employee appointed as the City Treasurer is not a department director, then the employee shall receive 5% special pay to account for the duties and responsibilities of functioning as a City Treasurer. Should the City Treasurer be appointed to a department director position, the special pay shall be terminated the following pay period of such effective date of the department director status.
5. Salary Upon Promotion
Upon promotion, an employee shall be placed at the step which provides a minimum of 10% base rate of pay salary increase, unless such increase exceeds the maximum of the salary range for the new position. In that case, the employee will be placed at the top step of the new salary range. Promotional salary determinations are excluded from the Advanced Salary Step Placement Administrative Policy. Promotions shall become effective at the beginning of a pay period. The effective date of promotion shall establish the employee’s new salary anniversary date.
ARTICLE 8. OVERTIME/COMPENSATORY TIME OFF
Management Employees
A. Management employees are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) and are not eligible for overtime pay.
B. Notwithstanding section A above, exempt fire management employees assigned to a strike team or mutual aid activities covered by the California Fire Assistance Agreement shall be compensated at one and one-half (1.5) times his/her base rate of pay for hours worked outside of regularly scheduled hours when the City is being reimbursed at the one and one-half (1.5) rate.
1. Additional compensation paid to the Deputy Fire Chief pursuant to Sections B or C shall not alter their continuing status as “exempt’ employees under the Fair Labor Standard Act as specified in 29 CFR sec. 541.604.
C. Exempt fire management employees assigned to a strike team or mutual aid activities covered by the California Fire Assistance Agreement shall be compensated at his/her base rate of pay from the time of dispatch to his/her return to jurisdiction when equipment and personnel are in service and available for agency response (i.e., portal-to-portal).
D. Notwithstanding section A above, exempt Police management employees may be eligible for overtime under the following conditions:
163
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Exhibit A for Reso. No. 2023-XXX
1. The Manager of Police Records and Communications may work overtime in the Classification of Public Safety Dispatch Supervisor classification represented by Rocklin Police Officers’ Association (RPOA), in the Dispatch Center.
2. Police Captains may work overtime in a lower classification represented by RPOA as special events and grant-funded operations/events as determined by the Police Chief.
3. Rate of pay:
A designated supervisor or manager working an overtime assignment in a lower classification represented by RPOA shall be compensated at the rate of one and one-half (1.5) of the top step hourly rate of pay for the classifications being filled, for each hour worked.
If there is no equivalent, the pay for the designated supervisor or manager will move to the rate of pay that is just below the current rate of pay for the employee for the classification worked.
Additional compensation paid to the Manager of Police Records and Communications or Police Captains, shall not alter their continuing status as “exempt’ employees under the FLSA as specified in 29 CFR sec. 541.604.
Confidential Employees and Other Unrepresented Non-Exempt Employees For the purposes of this Document, the following words and phrases have the following meaning:
A. Employees who are required to work in excess of forty (40) paid hours in a workweek shall be compensated at one and one-half (1.5) of their regular rate of pay which is the employee’s base rate of pay plus all differentials to which the employee is entitled.
Vacation and compensatory time off (CTO) are not considered time worked for purposes of computing overtime.
B. Workweek is defined as either the period beginning at 12:01 a.m. Saturday and continuing until midnight the following Friday (in the case of a traditional 5/8 schedule or an alternate 4/10 schedule) or the period beginning at 12:01 p.m. Friday and continuing until 12:00 p.m. the following Friday (in the case of an alternate 9/80 schedule).
C. Work shift is defined as day shift (6 a.m. - 6 p.m. daily) or night shift (6 p.m. to 6 a.m. daily).
D. Work schedule is defined as the hours and days of work assigned to an employee.
E. Paid hours are defined as regular and holiday hours.
Overtime Payment
Confidential and Other Unrepresented Non-Exempt Employees Only A. Overtime will be paid for all employees who work in excess of forty (40) paid hours in a workweek and shall be compensated at one and one-half (1.5) of their regular rate of pay as defined by the FLSA. Vacation and CTO are not considered time worked for purposes of computing overtime.
164
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Exhibit A for Reso. No. 2023-XXX
B. Employees who are required to work in excess of twelve (12) continuous hours shall be compensated at double their regular rate of pay for all hours worked in excess of twelve (12) continuous hours. The payment of double time for these hours will offset the City’s requirement to pay for those hours at an overtime rate if an employee is compensated for more than forty (40) hours in that week. All “double time” overtime shall be paid in the current payroll.
C. When the City approves an employee’s attendance at an off-site training workshop, the employee is in paid status during all hours that the workshop is in session with the exclusion of meal periods and social events. The employee will be in paid status for the travel time to and from the workshop that exceeds the employee’s regular commute time. The double time payment after twelve (12) continuous hours worked (Section B above) does not apply to off-site training events.
D. Unscheduled overtime may be required of any employee at any time to respond to an unforeseeable emergency or situation where proper staffing is critical in the sole opinion of the City.
Compensatory Time Off
Confidential Employees Only
A. Employees may choose to accrue CTO hours in lieu of receiving pay for overtime hours worked.
B. In no event shall an employee accrue CTO hours in excess of ninety-six (96) hours. Once an employee has been credited with compensatory time, the employee may not receive a lump sum payment for the hours accrued unless the employee is separated from City service, or as specified in Section C below. Upon separation the employee will be paid at his/her hourly rate for the remaining compensatory balance.
C. Employees are expected to request the use of accrued CTO in accordance with the procedures and timelines established by each department or division. The City reserves the right to require the employee to take time off to reduce the accrued hours to the maximum accrual. If the City exercises its right to require the time off, the employee must be allowed thirty (30) days to make arrangements. When the employee is carrying the maximum CTO hours, all overtime must be paid at one and one-half (1.5) of their regular rate of pay in the pay period worked. In the pay period following the annual holiday furlough, the City shall pay the employee for up to forty (40) CTO hours earned through the previous pay period at the then current regular rate of pay.
D. The department director or his/her management designee shall have the sole discretion in approving or denying the use of accrued CTO hours.
Fire Recruit Only
A. While assigned to attend a fire academy, the classification of Fire Recruit shall not be paid overtime for hours worked in excess of forty (40) hours in a one-week period, but rather, 165
Management, Confidential, and Other Unrepresented Employees Rules, Regulations, Benefits, and Policies Page 8
Exhibit A for Reso. No. 2023-XXX
shall only accrue compensatory time in lieu of receiving paid overtime in accordance with the provisions of this article.
B. Upon successful completion of the assigned fire academy and prior to promoting to Firefighter, the department may either: (1) pay the existing CTO balance to the fire recruit; or (2) require the fire recruit to use any accrued CTO.
ARTICLE 9. EDUCATION INCENTIVE PAY
Confidential Employees Only
Confidential employees hired before July 1, 2012 shall be eligible for education incentive pay as follows:
A. Associate Degree $75.00 per month
Bachelor’s Degree $125.00 per month
Master’s Degree: $150.00 per month
This incentive is non-cumulative and is paid at the highest rate for which an employee is qualified.
B. Education incentive pay shall not be applicable to employees in those classifications that require an associate or bachelor’s degree as a minimum qualification to work in the class.
C. Payment of education incentive will begin effective the first day of the pay period following when the employee provides the Human Resources Division with the appropriate documentation, which would include a copy of the transcripts or diploma. It is the responsibility of each employee to notify the Human Resources Division of his/her eligibility for education incentive and to provide the appropriate documentation.
D. Confidential employees hired on or after July 1, 2012 shall not be eligible for education incentive pay.
ARTICLE 10. SEVERANCE PAY
Management employees serve at the pleasure of the City Manager and are 'at-will' employees whose employment may be terminated by the City at any time for any reason, or for no reason, without any cause whatsoever.
If an employee is requested to resign or is terminated from employment and has a signed notice of acknowledgement of at-will employment on file, he/she shall receive severance pay based on years of service according to the formula in Article 10 , provided that the termination of employment was not the result of a layoff; or the management employee has not been convicted of the commission of any felony or of any crime of moral turpitude or of any crime in the performance of, or related to, their duties; or committed misfeasance or malfeasance in their official duties; or has been terminated for any other reasonable “cause” as defined in the City’s Personnel Rules. The management employee shall not be entitled to severance compensation under any other circumstances, including, but not limited to, resignation. 166
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Exhibit A for Reso. No. 2023-XXX
Zero through ten years of service two (2) months’ base salary. More than ten years of service three (3) months’ base salary.
For purposes of this Article 10, 'base salary' shall mean the monthly proration of the annual salary specified in the Salary Schedule, less applicable tax withholding. As a condition to receipt of severance compensation, the management employee shall execute a release of all claims against the City in a form deemed satisfactory to the City and approved by the City Attorney.
Management employees on an employment agreement contract are exempted from the provisions of this article 10.
SECTION III – BENEFITS
ARTICLE 11. HEALTH AND OTHER BENEFITS
1. Policy
The City will offer insurance benefits covering medical, dental, vision, long-term disability (LTD), life, and accidental death and dismemberment (AD&D) for those full-time employees who are qualified in accordance with the plan specifications. Dependent coverage will be offered only on medical, dental, and vision plans.
2. Selection of Carriers
The employee shall choose their health insurance plan from those plans offered by the City and made available in this geographic area through the Health Benefits Division of the California Public Employees Retirement System (CalPERS). The dental, vision, LTD, life, and AD&D insurance plans shall be selected by the City. The City reserves the right to change carriers at any time, provided that the plan benefits to employees are substantially the same or better.
3. Benefits
A. Health Insurance
The City will make direct monthly contributions towards the premium cost for the medical insurance plan and coverage level selected by each participating employee to a maximum of one thousand two hundred dollars ($1,200.00) per month. Employees shall be responsible for the difference in any monthly premium cost for the medical insurance plan and coverage level selected that exceeds the City’s direct contribution. Such additional costs shall be paid pre-tax through salary deduction. To the extent a participant does not utilize the one thousand two hundred dollars ($1,200) toward medical premiums, the remainder shall be retained by the City and shall not be cashed out or applied to other benefits.
B. Payroll Deduction
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Exhibit A for Reso. No. 2023-XXX
Employees who elect benefits that require payment of premiums or contributions beyond the City’s contributions authorize that the additional amount shall be paid through a biweekly payroll deduction.
C. Dental Insurance
The City shall pay for an eligible employee’s dental premium up to the PPO Basic Dental Plan at the family level coverage.
Employees who select the Dental Plan – PPO Enhanced option ($1,500 calendar- year maximum) shall pay the difference in any monthly premium cost for dental coverage that exceeds the City’s direct contribution. Such payments may be made pre-tax through payroll deduction over twenty-four (24) biweekly benefit pay periods.
D. Vision Insurance
The City shall pay the entire premium for family coverage under the vision plan.
E. Cafeteria Plan Flex Dollars
The City maintains a cafeteria plan, pursuant to Section 125 of the Internal Revenue Service (IRS) code and related regulations, for the purposes of offering employees access to various health and welfare benefits. Effective January 1, 2024, the City shall provide full time employees three hundred dollars ($300) per month (“Flex Dollars”) on behalf of each employee eligible to participate in the City’s cafeteria plan. Participants in the cafeteria plan may allocate their Flex Dollars to any of the pre-tax qualified benefits, including medical or dental premiums offered by the City under the Section 125 plan provided that the employee is in paid status for the full pay period or is on an approved voluntary leave of absence. Cafeteria plan payments are not eligible for cash payments.
Effective January 1, 2025, the City shall increase its flexibility benefit contribution to three hundred seventy-five dollars ($375) per month.
For part-time employees, the City shall contribute one hundred and fifty ($150) per month (“Flex Dollars”) on behalf of each employee eligible to participate in the City’s cafeteria plan. Participants in the cafeteria plan may allocate their Flex Dollars to any of the pre-tax qualified benefits, including medical or dental premiums, offered by the City under the Section 125 plan provided that the employee is in paid status for the full pay period or is on an approved voluntary leave of absence. Cafeteria plan payments are not eligible for cash payments.
F. Long-Term Disability Insurance
Management Employees
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The City shall provide each employee with LTD coverage at 60% of their salary up to a maximum benefit of six thousand dollars ($6,000) per month with a ninety (90) day waiting period.
Confidential and Other Unrepresented Full-Time Employees The City shall provide each employee with LTD coverage at 50% of their salary up to a maximum benefit of six thousand dollars ($6,000) per month with a ninety (90) day waiting period.
G. Life and Accidental Death and Dismemberment Insurance Management Employees
For department directors, regardless of hire date, and management employees hired before July 1, 2012, the City shall provide life insurance in the amount of two hundred thousand dollars ($200,000) of basic life, plus two hundred thousand dollars ($200,000) AD&D. Employees will be responsible for any tax liability incurred as a result of the premiums paid by the City for these benefits.
For management employees hired on or after July 1, 2012, the City shall provide basic life and AD&D insurance in the amount specified below. Employees will be responsible for any tax liability incurred as a result of the premiums paid by the City for these benefits.
Police Captain and Deputy Fire Chief $100,000
All Other Management Personnel $50,000
Confidential Employees and Other Unrepresented Full-Time Employees For confidential employees hired before July 1, 2012, the City shall provide life insurance in the amount of one hundred thousand dollars ($100,000) of basic life, plus one hundred thousand dollars ($100,000) AD&D insurance. Employees will be responsible for any tax liability incurred as a result of the premiums paid by the City for these benefits.
For confidential employees hired on or after July 1, 2012, the City shall provide life insurance in the amount of fifty thousand dollars ($50,000) of basic life, plus fifty thousand dollars ($50,000) AD&D insurance. Employees will be responsible for any tax liability incurred as a result of the premiums paid by the City for these benefits.
4. Health Coverage Reduction Incentive
A. Each employee is eligible for full family coverage for medical (“health”) insurance.
Full-time employees who choose to decline the City’s health coverage are eligible to participate in the cost savings program with the City. Part-time employees are not eligible to participate in said program.
B. Employees who participate in the program must continue to maintain their coverage in the City’s dental, vision, life, AD&D, and LTD plans. Participation in 169
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these plans with a minimum of employee-only coverage is required for all employees (“Required Coverage – Employee Only”).
C. Employees who choose to decline the City’s health coverage must provide certification of other health coverage; this certification must be filed with the Human Resources Division.
D. Health coverage reduction incentive payments will be received as taxable income.
For any month(s) in which the employee’s medical insurance selection results in a cost-savings to the City, participants in the program will receive benefits as follows:
ARTICLE 12. STATE DISABILITY INSURANCE
All employees shall be eligible for state disability insurance (SDI) benefits as provided for in the SDI program. The City shall contribute the full premium for this program.
ARTICLE 13. FLEXIBLE SPENDING PLAN
The City will continue to make available to employees a Flexible Spending Plan established pursuant to IRS Section 125. The plan allows eligible employees to set aside up to the maximum amount allowed under IRS Section 125 per year pre-tax income to pay for costs associated with health insurance premiums and health costs not covered under the benefits plan. If the maximum amount changes under IRS Section 125 then the City will abide by that new amount. The plan also allows the employees to set aside pre-tax income to pay for costs of child care and adult dependent care. If the maximum amount changes, then the City will abide by that new amount.
Employees may choose to enroll in this plan each December for the next calendar year.
ARTICLE 14. RETIREMENT BENEFITS
1. Classic Employees
These are employees who are CalPERS members and meet the definition of a Classic Member as determined by CalPERS.
A. Classic Employees Retirement Plan
Eligibility Categories Maximum Monthly
Payment
No Health – Minimum Required Coverage
(Dental, Vision, Life, & LTD) for Employee Only
$250.00
No Health – Minimum Required Coverage
(Dental, Vision, Life, & LTD) for Family
$225.00
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The City agrees to maintain membership and to continue to contract with the CalPERS for the 2% @ 55 plan for non-safety (“miscellaneous”) employees and the 3% @ 50 plan for safety employees, with the following additional contract provisions as found in the following sections of the California Government Code pertaining to PERS (Title 2, Division 5):
Section 21574, 1959 Survivors’ Benefit, Fourth Option Section 20965, Credit for Unused Sick Leave
Section 20042, One Year Final Compensation
B. Classic Employees Retirement Member Contribution
Management, confidential, and other unrepresented full-time miscellaneous employees shall contribute 2% of his/her respective salary towards the employer’s retirement contribution for a total of 9% of the employee’s salary. Management public safety employees shall contribute 2% of his/her respective salary towards the employer’s retirement contribution for a total of 11% of the employee’s salary.
2. Public Employees’ Pension Reform Act Employees Retirement Plan (Hired on or after 1/1/13)
These Public Employees’ Pension Reform Act (PEPRA) employees are employees hired on or after January 1, 2013, who have never been a CalPERS member, have not been a CalPERS member in the past six (6) months, or do not meet the definition of a classic member as determined by CalPERS.
C. PEPRA Employees Retirement Plan
For PEPRA employees, the City will contract with CalPERS for the 2.7 % @ 57 plan for safety employees and 2% @ 62 plan for miscellaneous employees as required by law, with the following options:
Section 21574, 1959 Survivors’ Benefit, Fourth Option Section 20965, Credit for Unused Sick Leave
Section 20037, Average of three (3) highest years of service compensation, as required by law
D. PEPRA Employees Retirement Member Contribution
PEPRA employees will make employee contributions as required by state law and, in addition, will contribute the following amount:
Management, confidential, and other unrepresented full-time employees shall contribute 2% of his/her respective salary towards the employer’s retirement contribution.
ARTICLE 15. DEFERRED COMPENSATION
For employees hired prior to July 1, 2012 (regardless of bargaining unit upon initial hire), the City will contribute up to three hundred dollars ($300.00) per month in matching funds for 171
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management employees, and the City will contribute up to two hundred dollars ($200.00) per month in matching funds for confidential employees who participate in a City-sponsored deferred compensation program.
For employees hired prior to July 1, 2012 (regardless of bargaining unit upon initial hire), the City will contribute two hundred dollars ($200.00) per month (no match required) for employees to a City-sponsored deferred compensation program. If any type of “health savings account” becomes available under the City’s benefits program, confidential employees could direct these funds to that account to the extent allowed by law.
Employees hired on or after July 1, 2012 shall not be eligible for the City’s contribution of funds for the City-sponsored deferred compensation program, but may individually participate in the deferred compensation program.
ARTICLE 16. RETIREE HEALTH BENEFITS
All City management, confidential, and other unrepresented full-time employees that meet the eligibility requirements for CalPERS retirement and retire within one hundred twenty (120) days of separation from the City are eligible for post-retirement health benefits.
The City shall contribute up to a maximum of one thousand two hundred dollars ($1,200) per month (depending on the medical plan and coverage level selected) for post-retirement medical insurance premium costs. Eligible retirees shall receive 100% of the City’s contribution and any subsequent increases towards their post-retirement health benefits. The retiree health benefits described in this Article 16 are intended to be permanent for current retirees as of July 5, 2019, and employees who retire before this Resolution is repealed. Therefore, entitlement to and continuation of the retiree health benefits described herein for current retirees and those who retire prior to this Resolution is repealed shall exist and continue beyond the length of this Resolution, and are not dependent on the existence of any subsequent or future Resolution; however, the City may agree to increase the amount of the retiree health benefit in the future.
Once a retiree becomes Medicare eligible, CalPERS requires the retiree (or survivors) and their dependents to enroll in both Medicare Part A and Part B to remain eligible for CalPERS health coverage. A Certification of Medicare Status form is required, and CalPERS will change the health coverage to a Supplement to Medicare or Medicare Advantage plan.
ARTICLE 17. TUITION REIMBURSEMENT
1. Eligibility and Approval
Management, confidential, and other unrepresented full-time employees shall be eligible for tuition and related expense reimbursement for completing pre-approved course work in a regionally accredited college, school, or university. Pre-approved job-related extension courses or certificate programs offered through regionally accredited colleges and universities are also eligible for reimbursement. Courses, books, and supplies paid for via state, federal, or private grants are excluded from reimbursement. 172
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To be eligible for reimbursement, the employee must submit an education plan and goal approved by his/her department director to the Human Resources Division. The plan shall include at least the following:
A. A statement of the employee’s career and training objectives for the next two- year period;
B. A narrative description of the types of training and instruction the employee desires to receive;
C. A statement demonstrating how the requested course work will benefit the City, and how such training will enhance the City’s ability to complete its program, which will include the relevance of the plan to the employee’s work assignment; and D. A statement demonstrating how such proposed training will increase the employee’s proficiency while working for the City.
When department operations allow, the department director may approve flexible hours (consistent with the Alternative Work Schedule Policy) to accommodate class schedules.
2. Reimbursement
A. Within ninety (90) days of completing the course work, the employee must submit to the Human Resources Division a copy of their grade report evidencing completion of the course work with a grade C or better, and an itemized receipt reflecting the items that are being claimed for reimbursement.
B. Items qualifying for reimbursement include:
a. Tuition (in-state only)
b. Required textbooks
c. Required supplies
d. Parking permits
e. Other required fees
C. Items NOT qualifying for reimbursement include:
a. Medical service fee
b. Mileage
c. Items not required by the instructor
D. The maximum amount eligible for reimbursement will be seven hundred fifty dollars ($750.00) per calendar year. With the approval of the department director and the Human Resources Division, an employee may apply the annual tuition reimbursement allowance to certificate or extension programs such as those offered by UC Davis which meet the goals of the employee’s education plan. The City will observe the IRS regulations concerning the taxability of educational reimbursement in effect at the time of the request for reimbursement.
ARTICLE 18. UNIFORM ALLOWANCE
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The following classifications shall receive a uniform allowance of thirty-six dollars and fifty-four cents ($36.54) per pay period:
Deputy Fire Chief
Fire Chief
Police Captain
Police Chief
The following classification shall receive a uniform allowance of thirty dollars ($30.00) per pay period:
Manager of Police Records and Communications
Code Enforcement Program Manager
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SECTION IV – LEAVES
ARTICLE 19. VACATION
Regular part-time employees accrue leaves equal to their full-time equivalency unless otherwise required by federal and/or state law. For example, a regular part-time employee working 50% of a full-time equivalent will accrue 50% of the leave of a regular full-time employee with the same number of years of City service.
1. Policy
A. Vacations shall be taken at the convenience of the City. The City may establish a schedule for each employee to ensure the level of staffing required to carry out its work program. However, subject to operational need, the City will make every effort to approve vacation requests.
2. Accrual Rates and Maximum Accumulation
A. Vacation accrual is based on an employee’s regular work schedule and includes all hours in paid status, exclusive of overtime. The hours accrued in a pay period will not be available to the employee until the following pay period. Current full-time employees shall accrue vacation leave as follows:
Year Days/year Maximum Accrual
1 15 (.0577 per hour) 240 hours
2 16 (.0615 per hour) 240 hours
3 17 (.0654 per hour) 240 hours
4 18 (.0692 per hour) 240 hours
5 20 (.0769 per hour) 260 hours
10 23 (.0885 per hour) 280 hours
15 25 (.0962 per hour) 300 hours
20+ 27 (.1039 per hour) 320 hours
B. When an employee accrues the maximum number of accrual hours as set forth above, the employee shall cease accruing vacation until such time as the employee has utilized vacation hours to bring the total hours below the maximum stated accrual. At no time may an employee have a total balance of vacation hours in excess of the maximum leave accrual.
C. The City reserves the right to require employees who currently have a balance approaching their maximum accrual to take time off. If the City exercises its right to require the time off, the employee must be allowed thirty (30) days to make arrangements to reduce the accrued hours prior to December 31 of each year. 175
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D. Vacation leave must be scheduled and approved in advance and in accordance with the procedures established for each department or division. After the first year of service, each employee must take one vacation period of no less than five (5) consecutive workdays during a calendar year.
E. The City Manager shall have the authority to grant up to five (5) additional days of vacation annually (to equal a maximum of twenty [20] days each year) to any individual in any management position during their first four (4) years of service with the City. The City Manager shall also have the authority to credit five (5) days of vacation from the first year’s accrual as of the first day of employment.
F. Department directors shall be entitled to no less than twenty (20) days of vacation per year, regardless of their date of hire.
G. If an employee receives a higher accrual rate as stated in E and F above, the employee’s accrual rate will not increase until their years of service entitle them to a higher accrual rate according to the schedules included in this Document.
ARTICLE 20. HOLIDAYS
Full-time employees shall be eligible to receive paid scheduled holidays. During the term of this Document, the City will recognize the holidays as specified below:
New Year's Day January 1
Martin Luther King Day Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Fourth Thursday in November
Thanksgiving Friday Friday following the fourth Thursday Christmas Day December 25
Holidays occurring on a Saturday will be observed on the preceding Friday. Holidays occurring on a Sunday will be observed on the succeeding Monday. An employee may not use a designated holiday as his/her last day of employment. The employee must be in paid status at least one full day after the holiday to qualify for holiday pay.
ARTICLE 21. SICK LEAVE
Regular part-time employees accrue leaves equal to their full-time equivalency unless otherwise required by federal and/or state law. For example, a regular part-time employee working 50% of a full-time equivalent will accrue 50% of the leave of a regular full-time employee with the same number of years of City service.
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1. Accrual and Cash Out
A. Full-time employees shall accrue up to twelve (12) sick leave days per year, at the rate of .0462 multiplied by the actual number of hours in paid status, with the exception of overtime. The hours accrued in a pay period will not be available to the employee until the following pay period. Employees may use accrued sick leave as soon as it is accrued.
B. Temporary employees shall accrue up to three (3) sick leave days per fiscal year in accordance with California Labor Code 246, following a ninety (90) day waiting period. Employees may use accrued sick leave as soon as it is accrued.
C. For full-time employees hired before July 1, 2012, upon termination of employment in good standing, the accumulated sick leave may be sold back as follows:
Total Accumulated Sick Leave Buyout Rate
0 – 29 days 0%
30 – 39 days 10%
40 – 49 days 20%
50 – 59 days 30%
60 – 69 days 40%
70+ days 50%
The formula for the buyback shall be: Total accumulated days multiplied by the current hourly rate in effect at the date of separation multiplied by the buyout rate from the chart above.
For full-time employees hired on or after July 1, 2012, upon termination of employment in good standing, the accumulated sick leave buyout shall not exceed 10% of all accumulated hours in excess of twenty-nine (29) days.
Upon retirement, an employee may choose to (1) convert his/her total sick leave to CalPERS service credit; or (2) sell back his/her sick leave under the schedule noted above. The sick leave remaining after the buyout will be converted to CalPERS service credit under Section 20965, “Credit for Unused Sick Leave.”
2. Use of Sick Leave
Sick leave may be used for the following purposes:
A. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or an employee’s family member (defined in this Article 21).
B. If employee is a victim of domestic violence, sexual assault, or stalking, sick leave may be used to obtain any relief to help ensure the health, safety, or welfare of the employee or his/her child.
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C. For an employee who is an organ or bone marrow donor, pursuant to the provisions of California Labor Code section 1510.
D. Bereavement leave, as set forth in Article 22.
E. An employee may use up to one-half of their annual accrual of sick leave to attend to the illness of a family members, as defined by California Labor Code §245.5 (c), which includes: employee’s biological, adoptive, or foster parent, stepparent, or legal guardian of employee or employee’s spouse or registered domestic partner; or a person who stood in loco parentis when the employee was a minor child; spouse or registered domestic partner; biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of age or dependency status; grandparent; grandchild; or sibling, or designated person, limited to one designated person per 12-month period for sick leave.
F. Confidential and full-time unrepresented employees may use sick leave to donate blood for up to two (2) hours on four (4) occasions each calendar year. The maximum amount of sick leave that can be used for this purpose is eight (8) cumulative hours each calendar year.
G. An employee who is entitled to a disability retirement (either at his/her own request or as a result of City action) under CalPERS shall not be entitled to use sick leave to defer the effective date of the retirement as provided by Government Code Section 21163.
H. Employees who are off work for three (3) or more consecutive days due to a non- work-related illness or injury shall, if requested, supply a medical release to the Human Resources Division signed by the health care provider stating that the employee may return to full or modified duty. If returned to modified duty, the release must be specific as to the nature of the restrictions and the length of time, if known, that the restrictions are to remain in place.
3. Coordination of Sick Leave and Disability Benefits
A. When an employee, receives SDI benefits, and requests to integrate accrued leave with disability benefits, it will be integrated as follows:
If they have accumulated leave, be treated as on leave; and Receive their full salary, which shall be a combination of compensation from the City and SDI.
o While the employee is integrating SDI, the amount of the SDI payment(s) received shall be credited to the employee. The remainder of the employee’s base salary will be paid first through sick leave (if sick leave use is permitted for the type of leave), then through other leave balances, with CTO last. Employees must notify 178
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the Human Resources Division of their intent to integrate and must provide proof of payment from the Employment Development Department to the Human Resources Division in a timely manner. o When all available leave hours are exhausted, beginning with sick leave (if sick leave use is permitted), they shall only receive SDI to the extent permitted by law.
4. Coordination of Sick Leave and Workers’ Compensation Benefits An employee injured while on duty who is receiving workers’ compensation benefits shall be treated in the same manner as an employee receiving SDI as set forth in Section III.
5. Coordination of Accrued Vacation, and Compensatory Time Off with Disability and Workers’ Compensation Benefits
A. An employee may request to integrate accrued leave with disability benefits to continue to receive a full salary, which shall be a combination of accrued vacation and/or CTO and SDI or workers’ compensation benefits.
B. When permitted accrued leaves are exhausted, an employee shall be placed on leave without pay.
ARTICLE 22. BEREAVEMENT LEAVE
A. Each full-time employee will be eligible for up to twenty-four (24 ) hours of bereavement leave for purposes of bereavement following the death of a relative. If an employee requests additional time off for bereavement, an additional sixteen (16) hours may be charged to accrued sick leave.
1. Relatives Covered:
Spouse Domestic Partner
Son Daughter
Brother Sister
Father Mother
Father-in-law Mother-in-law
Grandfather Grandmother
Grandchildren
2. The following step/foster relationships are covered:
Father Mother
Son Daughter
Brother Sister
Grandfather Grandmother
3. Bereavement leave is also available following the death of a non-related child, or close relative, who resided with the employee at the time of death. 179
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B. Notification to the City
The employee shall notify his/her supervisor no later than the beginning of the next workday of the occurrence requiring bereavement leave and, if requested by the City, shall provide substantiation to support the request. Such leave shall commence within a reasonable amount of time following the request. Bereavement leave may be taken in consecutive days, or as needed, not to exceed the maximum amount of time allowed per.
A above.
ARTICLE 23. MANAGEMENT LEAVE
A significant amount of skill, effort, and devotion is required to be successful in a management position. In recognition of this, management leave is granted as part of the total management compensation package. Staff assigned to management classifications are expected to devote the time necessary to successfully perform the position’s responsibilities and to accomplish established goals. Attendance at after-hours meetings or community gatherings is frequently required of management positions. Further, staff assigned to management positions frequently spend personal time doing work-related tasks. The compensation established for management classifications is not affected by the amount of time required, on an individual basis, for successful performance. Full-time management positions will typically require a minimum of eighty (80) hours per biweekly pay period.
Management employees below the director level may schedule their time as needed to meet the service needs of their division, subject to review and concurrence by the department director, division manager, or chief. Directors may schedule their time as needed to fulfill their management role in the department and any inter-departmental responsibilities that may be assigned. This schedule shall be subject to review and concurrence by the City Manager.
The City Manager retains the discretion to determine management leave based on individual circumstances, not to exceed eighty (80) hours. Management leave will be issued per fiscal year to groups with the accrual rate as noted below:
Department director (,Council-appointed position or exception): 80 hours Deputy director/manager level: 64 hours
Manager level: 56 hours
All other classifications in the management group: 48 hours Employees shall be credited with and have available for use the number of days as established herein as of July 1 each year. Should any employee be hired or promoted into a management position after July 1, they shall be credited with a prorated amount of management leave for the balance of the fiscal year.
If a management employee has not been able to take sufficient leave over the prior twelve (12) months, such that they are within eight (8) hours of their vacation leave accrual cap, once per fiscal year, management employees may request a cash payment to occur in the first full pay period in the next calendar year for up to half of their annual management leave accrual rate.
Approval of the cash payment is at the City Manager’s discretion and is also contingent upon 180
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sufficient budget availability. Cash payment for such management leave hours will be paid at the employee’s base pay rate from the salary schedule.
Management leave shall not be cumulative from year-to-year.
Upon resignation or other termination of employment in good standing, the employee shall receive a prorated amount of unused management leave on the books as of the date the resignation is submitted, or the other termination is effective based on the portion of the fiscal year actually worked.
ARTICLE 2. FAMILY AND MEDICAL LEAVE ACT/CALFORNIA FAMILY RIGHTS ACT A. FMLA/CFRA
An employee who has worked at least one thousand two hundred fifty (1,250) hours in the past twelve (12) months for the City is eligible to take leave for up to twelve (12) weeks each twelve (12) month period for personal or family illness, or to bond with a new child in accordance with the California Family Rights Act (CFRA) (Government Code Section 12945.2) and the Federal Family and Medical Leave Act (FMLA) (Title 29, Part 825, Code of Federal Regulations).
An employee who is in unpaid status during a family care and medical leave will suffer no break in service for purposes of determining seniority per the City’s Personnel Rules.
The City reserves the right to temporarily transfer an employee who is taking intermittent family care and medical leave or is on a reduced leave schedule for medical treatment when it is determined to be in the best interest of the City that the functions of the affected position be performed on a full-time basis. The position to which the employee is transferred must be comparable in pay and benefits to the employee's regular position and the employee will be returned to their original position on completion of their treatment, subject only to their being capable of performing the essential functions of the job.
The City may require the employee to utilize all accrued sick leave (if use is permitted by for type of leave), vacation, and management leave to cover the FMLA or CFRA period which otherwise would be unpaid. If the employee chooses, they may reserve five (5) days of accrued vacation leave for use upon their return from an extended period of family care and medical leave.
1. "Extended Period" is defined as an absence of two (2) weeks or more.
2. If all other leave is exhausted at the expiration of the family care and medical leave, an employee may use the reserved vacation leave for purposes of sick leave and medical appointments for the employee and his/her dependents for a period of three (3) months after his/her return from family care and medical leave. 181
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New child bonding leave must be taken within one (1) year of the child’s birth, adoption, or start of foster care. It may be taken in increments of two (2) weeks or more; however, on two (2) occasions the employee may take such leave in smaller increments.
B. Pregnancy Disability Leave
1. The City will provide up to four (4) months of unpaid leave to female employees for pregnancy-related disability, in accordance with Government Code Section 12945(b)(2). Leave for pregnancy-related disability will run concurrently with FMLA.
2. Use of Leave
The employee may elect to use any accrued unused leave time to cover the period of her disability leave, which would otherwise be unpaid. During the period of her disability, an employee’s unused accrued sick leave will be integrated with any SDI benefits she may receive. Any accrued vacation leave or other accrued time off may be used at the option of the employee before an employee's unpaid leave begins.
ARTICLE 25. LEAVE OF ABSENCE WITHOUT PAY
A. Leave of absence without pay may be granted to any employee with the approval of the department director or his/her designee for: (1) illness beyond that covered by sick leave; or (2) other personal reasons which do not adversely impact, interfere with, or disrupt City operations.
1. To be eligible for a leave of absence for personal reasons, an employee must have received an overall rating of “meets expectations” on their performance evaluation and have had no formal disciplinary actions in the twelve (12) months prior to the request.
2. Terms and conditions of the leave shall be specified in writing.
B. Duration
An unpaid leave of absence may be granted for a period not to exceed ninety (90) days.
At the request of the employee, the City Manager may extend a leave of absence up to an additional ninety (90) days. The City Manager will consider the employee’s circumstances and balance those needs against the impacts to the City created by the employee’s continued absence.
C. Revocation of Leave of Absence
A leave of absence may be revoked by the department director upon evidence that the cause for granting the leave of absence was misrepresented or has ceased to exist.
D. Return Upon Expiration of Leave of Absence
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Upon return to work from a leave of absence, the employee shall be returned to his/her former position, if available, or an equivalent position, if available. If neither the former position nor an equivalent position is available, the employee will be reassigned to a vacant position for which he/she is qualified.
E. Non-Qualifying Service
An unpaid leave of absence shall not be counted as qualifying service for the purposes of accruing vacation and sick leave. A leave of absence of thirty (30) days or more is not counted as qualifying service for merit salary adjustments. An employee on leave who has exhausted his/her maintenance of benefits extension granted under FMLA and CFRA may maintain medical, dental, vision, LTD, and life insurance policies by remitting full monthly premium payments to the City or CalPERS, if so directed by the City. The City will pay no portion of such premium while the employee is on unpaid leave after CFRA and FMLA are exhausted.
F. Leave Usage
All accrued vacation, management leave, and CTO must be used prior to the effective date of leave of absence without pay.
ARTICLE 26. JURY DUTY
When an employee is required to serve on jury duty, the employee shall be compensated for all regularly scheduled hours not worked as a result of jury service. Each employee shall pay the City the amount received as juror fees but shall retain any fees received for mileage reimbursement. 183
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SECTION V – MISCELLANEOUS TERMS AND CONDITIONS
ARTICLE 27. PROBATIONARY PERIODS
A. Probationary Periods
1. Unless otherwise specified upon employment, all other management, confidential, and full-time unrepresented employees are subject to appointment by the City Manager.
2. Management employees serve at the will and pleasure of the City Manager, are exempt from competitive service, and do not serve a probationary period.
3. Upon appointment or promotion, confidential and unrepresented employees shall serve a twelve (12) months probationary period, except for promotion of an employee who has completed probation in the lower class to the next higher class in a flexibly staffed position.
4. Reclassifications and job title changes shall be exempt from serving a new probationary period.
5. The probationary period is an integral part of the selection process and shall be utilized as an opportunity to observe the employee’s work, to provide training, and to assist the employee in adjusting to the new position. At any time during the probationary period, an employee may be released with or without cause, and shall be without the right of review of any kind.
B. An employee shall receive no less than three (3) performance evaluations during the initial twelve (12) month probationary period. An employee promoted into a new classification will receive no less than two (2) performance evaluations during his/her six (6) month probationary period. Such evaluations will be conducted at reasonable intervals.
C. Extension of Probationary Periods
1. The probationary period may be extended commensurately by each hour an employee is on authorized leave for more than five (5) consecutive workdays.
Leaves include, but are not limited to, vacation, sick leave, CTO, and leaves without pay, including leaves granted under FMLA, CFRA, Pregnancy Disability Leave, Americans with Disabilities Act, and workers' compensation laws.
Employees who request and receive a temporary modified duty assignment due to medical conditions such that they are not performing the essential job functions of their position shall have their probationary period extended for each hour of such modified duty assignment.
2. Outside an authorized leave, a probationary period may be extended one (1) time at the City’s sole discretion, for a period not to exceed six (6) months, to 184
Management, Confidential, and Other Unrepresented Employees Rules, Regulations, Benefits, and Policies Page 2
Exhibit A for Reso. No. 2023-XXX
ensure that an employee has demonstrated all of the necessary skills and traits to successfully pass probation for the job classification.
3. A probationary employee may, at the discretion of the department director, receive a salary step increase effective the beginning of the pay period, which includes the employee’s salary anniversary date if they meet the following criteria:
a. Received a satisfactory evaluation; and
b. Completed an extended probationary period.
The employee’s salary anniversary date will be adjusted to the date the merit increase is granted.
ARTICLE 28. NEPOTISM
The purpose of a nepotism policy is to regulate, restrict, or prohibit power or influence in personnel matters in favor of relatives, friends, or associates, as it may have a detrimental effect on supervision and morale.
A. A relative is defined as an individual who is related by blood, marriage, domestic partnership, or adoption in any of the following ways: spouse, child, step-child, parent, step-parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, parent-in-law, daughter-in-law, son-in-law, brother-in-law, and sister-in-law, or any other situation that the Director of Administrative Services determines creates the possibility of a conflict of interest.
B. No relative of a City employee may serve in or be appointed, promoted, demoted, or transferred to a position within the same department or division in which the employee’s’ relative or spouse/domestic partner already holds a position if any of the following would result:
1. Direct line of supervision, including any situation in which one employee would be in a position to affect the terms and conditions of the other’s employment, including making decisions about work assignments, compensation, grievances, advancement, or performance evaluation. The department director is considered in the direct line of supervision in that department.
2. Both employees have the same supervisor.
3. A potential for creating an adverse impact on supervision, safety, security, morale, or efficiency.
C. Employees in lead or supervisory positions are prohibited from entering into romantic relationships with subordinates. Employees who become relatives or when existing employees enter into a relationship and/or who work in the same direct line of supervision within a City department shall notify the d epartment director and Human Resources within thirty (30) days.
185
Management, Confidential, and Other Unrepresented Employees Rules, Regulations, Benefits, and Policies Page 3
Exhibit A for Reso. No. 2023-XXX
1. The City shall initially allow the affected employees to determine which employee will remain in their current position. If the affected employees have no preference, the department director, in consultation with the Director of Administrative Services and City Manager, shall determine which of the employees will remain in their current position, giving consideration to the business needs, work history with the City, and seniority of the affected employees.
As to the other employee, the Director Administrative Services , in consultation with the City Manager, will attempt to make a mutually acceptable transfer or demotion in another supervisory unit or department. If a mutually acceptable transfer or demotion cannot be made, that employee shall be subject to separation.
ARTICLE 29. HOLIDAY FURLOUGH
The City may schedule a mandatory work furlough between the Christmas and New Year’s holidays each year. The establishment of such a furlough will be at the City’s sole discretion.
A. Employees will be notified by July 1 of each year if and when the furlough is scheduled.
B. Supervisors will notify those employees who will be required to work during the furlough by November 1.
C. During the furlough period, employees may use accrued vacation, management leave, or CTO, or they may take the time off without pay. The furlough will not affect health benefits, and leaves and seniority will continue to accrue.
Any new full-time confidential or other full-time unrepresented employee hired on or after pay period 20 of each year, who does not have sufficient time to accrue vacation to use during the furlough, may be advanced vacation time to cover the non-holiday time during the furlough.
Employees may request an advance using the prescribed form. If requesting such an advance of vacation leave, following the furlough period, the employee’s vacation will reflect a negative balance and any future vacation accruals shall be deducted until the vacation advance is fully repaid. The employee shall not take vacation leave until a positive leave balance is restored.
ARTICLE 30. EMPLOYEE PERFORMANCE EVALUATIONS
The City shall conduct employee performance evaluations on City ‐issued evaluation forms.
Performance evaluations are to be conducted at least annually, regardless of whether or not an employee is eligible for a salary step increase. Employees will be eligible for any appropriate annual step increase in the pay period which includes their anniversary date unless the Human Resources Division has received an employee's overall performance evaluation that is less than "meets expectations" (or equivalent language), or the employee has reached the top step of his/her classification.
186
Management, Confidential, and Other Unrepresented Employees Rules, Regulations, Benefits, and Policies Page 4
Exhibit A for Reso. No. 2023-XXX
ARTICLE 31. EXTRA STEP (MERIT) INCREASE
A department director may recommend to the City Manager for his/her approval that an eligible employee may receive one extra step increase during their annual evaluation. The department director shall submit written justification to the City Manager demonstrating the following:
The employee has made significant achievements of City-wide importance, and the amount of the additional salary and benefit costs are available in the department’s budget for the balance of the fiscal year (department’s calculations to accompany the estimate).
The City Manager shall report all extra merit step increases to the City Council annually.
ARTICLE 32. CITY MANAGER ADDITIONAL AUTHORITY
Notwithstanding any of the provisions above, the City Manager may negotiate employment agreements for directors outside of the terms of this Document, provided that the employment agreement is brought to City Council for ratification at the earliest opportunity. 187
Classification Range 1 2 3 4 5 6 7 8 9 10
Associate Management Analyst 5 74,452 77,057 79,755 82,546 85,435 88,425 91,520 94,723 98,039 101,470 Payroll Administrator 6 76,313 78,984 81,748 84,610 87,571 90,636 93,808 97,091 100,490 104,007 Code Enforcement Program Manager 15 95,304 98,640 102,093 105,666 109,364 113,192 117,154 121,254 125,498 129,890 Management Analyst
Manager of Police Records and Communications
Principal Information Technology Analyst 16 97,687 101,106 104,645 108,307 112,098 116,022 120,082 124,285 128,635 133,137 Parks and Recreation Manager 17 100,129 103,634 107,261 111,015 114,901 118,922 123,084 127,392 131,851 136,466 Public Services Manager
City Clerk 18 102,632 106,225 109,942 113,790 117,773 121,895 126,162 130,577 135,147 139,878 Manager of Building Services
Principal Planner
Senior Engineer
Senior Management Analyst
Manager of Planning Services 19 105,198 108,880 112,691 116,635 120,717 124,943 129,316 133,842 138,526 143,374 Principal Management Analyst 20 107,828 111,602 115,508 119,551 123,735 128,066 132,548 137,188 141,989 146,959
Information Technology Manager 22 113,287 117,252 121,356 125,603 129,999 134,549 139,259 144,133 149,177 154,399 Chief Building Official 23 116,119 120,183 124,390 128,743 133,249 137,913 142,740 147,736 152,907 158,259 Assistant City Attorney 26 125,048 129,424 133,954 138,643 143,495 148,517 153,716 159,096 164,664 170,427 Deputy Director of Administrative Services
City Engineer 27 128,174 132,660 137,303 142,109 147,082 152,230 157,558 163,073 168,781 174,688
Deputy Fire Chief 31 141,480 146,432 151,557 156,861 162,352 168,034 173,915 180,002 186,302 192,823
CITY OF ROCKLIN
MANAGEMENT SALARY SCHEDULE B
(Annual Salary)
Effective September 23, 2023
188
Classification Range 1 2 3 4 5 6 7 8 9 10
CITY OF ROCKLIN
MANAGEMENT SALARY SCHEDULE B
(Annual Salary)
Effective September 23, 2023
Director of Community Development 32 145,017 150,093 155,346 160,783 166,410 172,235 178,263 184,502 190,960 197,643 Director of Parks and Recreation
Director of Public Services 34 152,358 157,691 163,210 168,923 174,835 180,954 187,287 193,843 200,627 207,649 Police Captain 35 156,167 161,633 167,290 173,146 179,206 185,478 191,970 198,689 205,643 212,840 Director of Administrative Services 36 160,072 165,674 171,473 177,474 183,686 190,115 196,769 203,656 210,784 218,161
Assistant City Manager 38 168,175 174,061 180,154 186,459 192,985 199,739 206,730 213,966 221,455 229,206 Fire Chief 40 176,689 182,873 189,274 195,898 202,755 209,851 217,196 224,798 232,666 240,809 Police Chief
Salary Resolution No. Date Adopted
City Manager 252,000 2022-186 09/13/2022
189
Classification Range 1 2 3 4 5 6
Associate Management Analyst 5 74,452 78,174 82,083 86,187 90,496 95,021 Payroll Administrator 6 76,313 80,129 84,135 88,342 92,759 97,397 Code Enforcement Program Manager 15 95,304 100,070 105,073 110,327 115,843 121,635 Management Analyst
Manager of Police Records and Communications
Accounting Supervisor 16 97,687 102,571 107,700 113,085 118,739 124,676 Senior Network Services Administrator
Parks and Recreation Manager 17 100,129 105,136 110,392 115,912 121,708 127,793 Public Services Manager
Manager of Building Services 18 102,632 107,764 113,152 118,810 124,750 130,988 Senior Engineer
Manager of Planning Services 19 105,198 110,458 115,981 121,780 127,869 134,263 Principal Management Analyst 20 107,828 113,220 118,881 124,825 131,066 137,619
Information Technology Manager 22 113,287 118,951 124,899 131,144 137,701 144,586 Chief Building Official 23 116,119 121,925 128,021 134,423 141,144 148,201 Director of Long-Range Planning and Housing
Assistant City Attorney 26 125,048 131,300 137,865 144,758 151,996 159,596 Deputy Director of Administrative Services
City Engineer 27 128,174 134,583 141,312 148,377 155,796 163,586
Deputy Fire Chief 31 141,480 148,554 155,982 163,781 171,970 180,568 Director of Community Development 32 145,017 152,268 159,881 167,875 176,269 185,083 Director of Parks and Recreation
CITY OF ROCKLIN
MANAGEMENT SALARY SCHEDULE A
(Annual Salary)
Effective September 23, 2023
190
Classification Range 1 2 3 4 5 6
CITY OF ROCKLIN
MANAGEMENT SALARY SCHEDULE A
(Annual Salary)
Effective September 23, 2023
Director of Public Services 34 152,358 159,976 167,975 176,374 185,193 194,452 Police Captain 35 156,167 163,976 172,175 180,783 189,822 199,314 Director of Administrative Services 36 160,072 168,075 176,479 185,303 194,568 204,296
Assistant City Manager 38 168,175 176,584 185,413 194,684 204,418 214,639 Fire Chief 40 176,689 185,524 194,800 204,540 214,767 225,505 Police Chief
Salary Resolution No. Date Adopted
City Manager 252,000 2022-186 09/13/2022
191
Classification Range 1 2 3 4 5 6 7 8 9 10
Communications Specialist 8 45,876 47,482 49,144 50,864 52,644 54,487 56,394 58,368 60,411 62,525 Senior Administrative Assistant 11 49,404 51,133 52,923 54,775 56,692 58,676 60,730 62,856 65,056 67,333 Departmental Administrative Specialist 17 57,293 59,299 61,374 63,522 65,746 68,047 70,428 72,893 75,445 78,085 Human Resources Technician I
Legal Secretary
Payroll Technician I
Deputy City Clerk 20 61,699 63,858 66,093 68,407 70,801 73,279 75,844 78,498 81,245 84,089 Human Resources Technician II
Payroll Technician II
Senior Departmental Administrative Specialist
Senior Police Technician
Executive Assistant 24 68,104 70,488 72,955 75,508 78,151 80,886 83,717 86,647 89,680 92,819 Executive Assistant to the City Manager
Paralegal
CITY OF ROCKLIN
CONFIDENTIAL SALARY SCHEDULE B
(Annual Salary)
Effective September 23, 2023
192
Classification Range 1 2 3 4 5 6
Communications Specialist 8 45,876 48,170 50,579 53,108 55,763 58,551 Senior Administrative Assistant 11 49,404 51,874 54,468 57,191 60,051 63,053 Departmental Administrative Specialist 17 57,293 60,158 63,166 66,324 69,641 73,123 Human Resources Technician I
Legal Secretary
Payroll Technician I
Deputy City Clerk 20 61,699 64,784 68,023 71,424 74,995 78,745 Human Resources Technician II
Payroll Technician II
Senior Departmental Administrative Specialist
Senior Police Technician
Executive Assistant 24 68,104 71,509 75,085 78,839 82,781 86,920 Executive Assistant to the City Manager
Paralegal
CITY OF ROCKLIN
CONFIDENTIAL SALARY SCHEDULE A
(Annual Salary)
Effective September 23, 2023
193
City Council
Staff Report
Subject:
Reimbursement for Fire Department Mutual Aid Responses
Date:
September 12, 2023
Submitted By:
Shawn Watkins, Deputy Fire Chief
Department:
Fire
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Authorizing Fire Department Response and Reimbursement when deployed from Official Duty Station and Assigned to a California Office of Emergency Services Emergency Incident.
Background:
The Rocklin Fire Department annually completes a salary survey at the request of the California Office of Emergency Services (Cal OES). The survey ensures the City of Rocklin is reimbursed through Cal OES when Rocklin Fire Department personnel are deployed from their official duty stations and assigned to an emergency incident as identified in the California Master Mutual Aid Agreement.
Adopting this resolution (Attachment 1) will provide reimbursement to the City of Rocklin at a rate of one and one-half times the employees hourly rate of pay from the time of dispatch until their return to the city (portal-to-portal).
Fiscal Impact:
There is no direct fiscal impact to the staff recommendation.
Item Number 2J.
ATTACHMENTS:
1. Resolution
194
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN AUTHORIZING FIRE DEPARTMENT
RESPONSE AND REIMBURSEMENT WHEN DEPLOYED FROM OFFICIAL DUTY STATION AND
ASSIGNED TO A CALIFORNIA OFFICE OF EMERGENCY SERVICES EMERGENCY INCIDENT WHEREAS, the City of Rocklin Fire Department is a public agency located in the County of Placer, State of California; and
WHEREAS, it is the desire of the City Council of the City of Rocklin to provide fair and legal payment to all its employees for time worked; and WHEREAS, the City of Rocklin has in its employ, Fire department response personnel including: Fire Chief, Deputy Fire Chief, Battalion Chief, Fire Captain, Fire Engineer, Firefighter, Fire Inspector I/II, and Fire Investigator; and WHEREAS, the City of Rocklin will compensate its employee’s portal to portal while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response; and
WHEREAS, the City of Rocklin will compensate its employees at one and one-half times their hourly rate of pay while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:
Section 1. In the event a personnel classification does not have an assigned compensation rate, a “Base Rate” as set forth in an organizational policy, administrative directive or similar document will compensate such personnel.
Section 2. The City of Rocklin Fire Department will maintain a current salary survey or acknowledgement of acceptance of the “Base Rate” on file with the California Governor’s Office of Emergency Services, Fire and Rescue Division.
Section 3. Personnel will be compensated (portal to portal) beginning at the time of dispatch to the return to jurisdiction when equipment and personnel are in service and available for agency response.
Section 4. Fire department response personnel include: Fire Chief, Deputy Fire Chief, Battalion Chief, Fire Captain, Fire Engineer, Firefighter, Fire Inspector I/II, and Fire Investigator.
195
PASSED AND ADOPTED this 12th day of September 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
____________________________
Haley Reid, Acting City Clerk
196
City Council
Staff Report
Subject:
On-Call Planning Services Contract
Date:
September 12, 2023
Submitted By:
David Mohlenbrok, Director of Community Development
Department:
Community Development
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute a Contract for Services with CSG Consultants, Inc.
Background:
The Community Development Department has identified the need for on-call planning services to provide additional assistance for the planning review process on an as-needed basis. This includes environmental review services. These contracts are utilized to assist staff with temporary increases in workload or particularly time-consuming projects. This arrangement allows the City to provide consistent services when workloads temporarily exceed the capacity of in-house staff. The Community Development Organizational Assessment recommended on- call planning and environmental review contracts to accommodate for temporary increases in workload.
Last year the City released a Request for Proposals (RFP) seeking qualified firms to provide on-call planning and environmental review services. The RFP was published on the City's website and a trades website. The City received five proposals and an internal review panel from the Community Development Department and the City Manager's Office evaluated the proposals on the basis of experience and qualifications of the firm, understanding of the services proposed, and completeness of the proposal and any supporting documents. After a thorough review and discussion, staff recommends that a contract be awarded to CSG Consultants, Inc.
In order to provide flexibility, the contract is written with a not-to-exceed amount of $100,000 for the initial year. Additionally, staff recommends granting the City Manager the authority to extend the contract for two additional one-year terms, allowing for a maximum not-to-exceed amount of $300,000 for the entire agreement duration. The actual renewal agreement amount may vary, contingent upon the projected workload and available budget. There are several large planning projects that are anticipated in the immediate future, and these on-call services will assist in keeping work flowing while recruitments are posted for temporary vacancies. To ensure capacity to provide consistent service, staff is also negotiating with other first that Item Number 2K.
197
responded to the RFP, and may in the future recommend expanding these on-call services to one or more additional firms.
Human Resources Division staff has met and conferred with the Public Service Employees Bargaining Unit represented by AFSCME regarding the proposed use of on-call staff in accordance with the City of Rocklin Employee-Employer Resolution.
Fiscal Impact:
There is no direct fiscal impact to the staff recommended. Funds for these services were included in the Fiscal Year 2023/24 Operating Budget.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - Contract with CSG Consultants, Inc. 198
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT FOR SERVICES WITH CSG CONSULTANTS INC.
The City Council of the City of Rocklin does resolve as follows:
Section 1. The City Council of the City of Rocklin hereby approves and authorizes the City Manager to execute a Contract for Services with CSG Consultants, Inc. in substantially in the form attached hereto as Exhibit “A.” Section 2. The City Council of the City of Rocklin hereby delegates to the City Manager the authority to exercise the option to renew the Contract for Services with CSG Consultants Inc. on the same terms, for up to two one-year extensions and a maximum Not To Exceed amount of $300,000, provided sufficient funds for the services have been appropriated.
PASSED AND ADOPTED this 12th day of September, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Ken Broadway, Mayor
ATTEST:
Haley Reid, Acting City Clerk
199
1733390.1 9959-001
CONTRACT FOR SERVICES
THIS CONTRACT is made on __________________________, by and between the CITY OF ROCKLIN a municipal corporation (“City”), and CSG Consultants, Inc. “Contractor,” who mutually agree as follows:
1. SCOPE OF SERVICES
Subject to the terms and conditions set forth in this agreement, Contractor shall provide to the City the services described in the Scope of Work, Exhibit A. Contractor shall provide the services at the time, place and in the manner specified in Exhibit s A and/or B. Contractor shall not be compensated for services outside the scope of Exhibit A unless prior to the commencement of the services: (a) Contractor notifies the City and City agrees the services are outside the scope of Exhibit A; (b) Contractor estimates the additional compensation required for these additional services; and (c) City after notice, approves in writing a supplemental agreement specifying the additional services and the amount of compensation therefore. City shall have no obligation whatsoever under this agreement or any supplemental agreement, unless and until t he agreement or supplemental agreement is approved by the City Manager, the City Manager’s authorized designee, or by the Rocklin City Council, as required by the Rocklin Municipal Code or other local law or policy.
2. COMPENSATION
A. The City shall pay Contractor for the services rendered pursuant to this agreement at the times and in the manner set forth in the Scope of Services, Exhibit A , the Schedule for Performance, Exhibit B, and in accordance with the Schedule of Fees in Exhibit C, but in no event shall the total compensation exceed the total sum of $100,000, one hundred thousand dollars.
The payments specified in Exhibit s A and/or B shall be the only payments to be made to Contractor for the services rendered pursuant to this Agreement unless pursuant to Section 1, above, City approves additional compensation for additional services.
B. Contractor shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.
Reimbursable expenses shall be limited to actual expenditures of Contractor for expenses that are necessary for the proper completion of the services and shall only be payable if specifically authorized in advance by City.
C. Contractor shall submit all billings/invoices for services to City in the manner specified in Exhibit B. Contractor’s fees shall be as specified in the Scope of Work, Exhibit A or the Schedule of Fees as set forth in Exhibit C. All invoices submitted by Contractor shall contain the following information:
(1) Job/project name or description;
(2) City’s current purchase order and/or work order number (if applicable); (3) Contractor’s invoice number;
(4) Date of invoice issuance;
(5) Description of services billed under invoice , including the description of tasks performed and the corresponding rate charged for the completion of that task; (6) Amount of invoice, itemizing all authorized reimbursable expenses; and DocuSign Envelope ID: 185889F7-42E6-482F-AF2E-0538600268A3 200
Contract for Services
CSG
1733390.1 9959-001 2
(7) Total billed to date under agreement.
D. City shall make payment to Contractor net 30 days from receipt of an acceptable invoice. If Contractor’s performance is not in conformity with the Scope of Work, Exhibit A, or the Schedule of Performance, Exhibit B, or the provisions set forth above, payments may be delayed or denied, unless the Contractor’s failure to perform is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 4. City shall not be responsible for delays in payment to Contractor resulting from Contractor’s failure to comply with the invoice format described above, or as set forth in the Schedule of Performance.
E. During performance of the agreement and for a period of three (3) years af ter completing all services, Contractor shall maintain all accounting and financial records related to this Agreement, including but not limited to records of Contractor’s costs for all services performed under this agreement and records of Contractor’s re imbursable expenses, in accordance with generally accepted accounting practices, and shall keep and make the records available for inspection and audit by representatives of the City upon reasonable written notice.
F. Contractor shall pay when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of payment upon request. Contractor hereby agrees to indemnify City for any cl aims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this section.
3. FACILITIES AND EQUIPMENT
Contractor shall at its sole cost and expense, furnish all facilities and equipment that may be required for Contractor to perform services pursuant to this agreement. City shall furnish to Contractor, only the facilities and equipment listed in Exhibit A (if any) according to any terms and conditions set forth in Exhibit A.
4. TERM OF CONTRACT
A. This agreement shall become effective on the date that it is approved by both parties, set forth on the first page of the agreement and shall continue in effect until June 30, 2024 unless sooner terminated as provided herein.
B. The services of Contractor are to commence upon execution of this Contract and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B.
5. SUSPENSION/TERMINATION:
A. City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving written notice of suspension to Contractor. If City gives such notice, Contractor shall immediately suspend its activities under this agreement.
B. This Contract may be terminated by either party, provided that the other party is given not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. If the agreement is terminated by the City:
DocuSign Envelope ID: 185889F7-42E6-482F-AF2E-0538600268A3 201
Contract for Services
CSG
1733390.1 9959-001 3
i. Contractor shall immediately cease rendering services pursuant to this agreement; ii. Contractor shall, not later than five days after such notice of termination, deliver to City copies of all information prepared pursuant to this agreement; iii. City shall pay Contractor the reasonable value of services rendered by Contractor prior to termination; provided however, City shall not in any manner be liable for lost profits that might have been made by Contractor had the agreement not been terminated or had Contractor completed the services required by this agreement.
Contractor shall furnish to City such financial information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.
C. Notwithstanding any provisions of this Contract, Con tractor shall not be relieved of liability to the City for damages sustained by th e City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined.
6. INDEPENDENT CONTRACTOR
Contractor enters into this Contract as an independent contractor and not as an employee or agent of the City. Contractor shall have no power or authority by this Contract to act on behalf of City in any capacity whatsoever as an agent, or to bind the City in any respect or to any obligations whatsoever. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contractors or subcontractors, or any other p erson resulting from performance of this agreement.
7. AMENDMENTS, CHANGES OR MODIFICATIONS
Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.
8. EXTENSIONS OF TIME
Contractor may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writi ng and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 7.
9. PROPERTY OF CITY
It is mutually agreed that all materials prepared by the Contractor under this Contract shall become the property of the City, and the Contractor shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Contractor shall DocuSign Envelope ID: 185889F7-42E6-482F-AF2E-0538600268A3 202
Contract for Services
CSG
1733390.1 9959-001 4
deliver to the City, all data, drawings, specifications, reports, estimate s, summaries and other such materials as may have been prepared or accumulated to date by the Contractor in performing this Contract which is not Contractor’s privileged information, as defined by law, or Contractor’s personnel information, along with all other property belonging exclusively to the City which is in the Contractor’s possession.
10. COMPLIANCE WITH ALL LAWS:
Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, all applicable laws, ordinances, and codes of federal, State and local governments, which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract.
For all leases and purchases of materials, equipment, supplies or other tangible personal property used to perform the agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, sup plies or other tangible personal property shall obtain a Use Tax Direct Payment Permit or Seller’s Permit from the California State Board of Equalization, in accordance with the applicable SBE criteria and requirements. This provision applies in all instan ces unless prohibited by the funding source for the agreement.
11. WARRANTIES AND RESPONSIBILITIES - CONTRACTOR
A. Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Contractor’s profession.
B. Contractor is duly licensed, qualified and experienced to perform the services set forth in the Scope of Services, Exhibit A. Contractor represents and warrants that Contractor has all licenses, permits, qualifications and approvals of whatsoever nature that are legally required for Contractor to practice its profession or provide any services under this agreement. Contractor represents and warrants that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this agreement, any licenses, permits and approvals that are legally required for Contractor to practice its profession or provide such services. If Contractor is an out of state corporation, Contractor further warrants and represents that it possesses a valid certification of qualification to transact business in the State of California issued by the California Secretary of State.
C. Contractor shall perform all services required pursuant to this agreement in the manner and according to the standards currently observed by a competent practitioner of Contractor’s profession in California. Con tractor shall devote such time and effort to the performance of services pursuant to this agreement as is necessary for the satisfactory and timely performance of Contractor’s obligations under this agreement. Neither party shall be considered in default of this agreement to the extent that party’s performance is prevented or delayed by any cause that is beyond the reasonable control of that party.
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D. All products of whatsoever nature that Contractor delivers to City pursuant to this Agreement shall be pr epared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in Contractor’s profession, and shall be provided in accordance with any scope of services or schedule of performance specified in Exhibits A or B.
E. Contractor shall assign only competent personnel to perform services pursuant to this agreement. Contractor shall designate a project manager who at all times shall represent the Contractor before the City on all matters relating to this Co ntract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Contractor, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld. Contractor shall notify City in writing, of any other changes in Contractor’s staff assigned to perform the services required under this agreement, prior to any such performance. In the event the City desires the removal of any person assigned by Contractor to perform services pursuant to this agreement, because the City in its sole discretion, determines that such person is not performing in accordance with the standards required herein, Contractor shall remove such person immediately upon rece iving notice from the City of the desire for the removal of such person.
F. Contractor agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law.
G. Contractor shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Contractor in writing within sixty (60) days of discovery. Should Contractor fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this agreement is based on such independent investigation and research . Contractor shall be liable for any expenses thereby incurred.
12. SUBCONTRACTING
None of the services covered by this Contract shall be subco ntracted without the prior written consent of the City, which will not be unreasonably withheld. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directl y or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor.
13. ASSIGNABILITY
Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City . The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this agreement. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval. Notic e of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
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14. INTEREST IN CONTRACT
Contractor covenants that neither it, nor any of its employees, agents, contractors, or subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Contractor shall make all disclosures required by th e City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Contractor’s duties are more limited in scope than is warranted by the category designated by the City code and th at a narrower disclosure category should apply. Contractor also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Contractor in writing that Contractor’s duties under this Contract warrant greater disclosure by Contractor than was originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.
15. MATERIALS CONFIDENTIAL
To the extent permitted by law, all of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.
16. LIABILITY OF CONTRACTOR-NEGLIGENCE
Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Contractor’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors.
17. INDEMNITY AND LITIGATION, COSTS
To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City, its officers, officials, agents, employees and volunteers against any and all claims, damages, demands, liability, c osts, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from all acts or omissions of Contractor, or its officers, agents or employees in rendering services under this Agreement; excluding however, such liability, claims, losses, damages or expenses arising from the City’s sole negligence, or willful acts. The provisions of this paragraph shall surv ive termination or suspension of this Contract. These Indemnification provisions are independent of and shall not in any way be limited by the Insurance requirements of this agreement. City approval of the Insurance required by this Agreement does not in any way relieve the Contractor from liability under this section.
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18. CONTRACTOR TO PROVIDE INSURANCE
Contractor agrees to have and maintain the policies set forth below, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.
A. MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation as required by the State of California, with Statutory Limits and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor has no employees, Contractor must notify City if an employee is hired, verify proof of coverage for any subcontractors, and agrees to hold City harmless and defend City from claims arising from failure to provide workers’ compensation benefits.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Professional liability coverage shall extend for at least five years after completion of the Contractor’s services under this Agreement.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
B. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. Additional Insured Status . The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least DocuSign Envelope ID: 185889F7-42E6-482F-AF2E-0538600268A3 206
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as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. Primary Coverag e. For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, or volunteers . Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Notice of Cancellation . Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days’ notice to the City, with ten days’ for notice of cancellation due to non-payment.
4. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to a ffect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers . Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies . If any of the required policies for professional liability insurance provide claims-made coverage:
i. The Retroactive Date must be shown and must be before t he date of the contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after com pletion of contract work.
8. Verification of Coverage . Contractor shall furnish the City with original Certificate of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this c lause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning DocuSign Envelope ID: 185889F7-42E6-482F-AF2E-0538600268A3 207
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shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
9. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
10. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
19. GENERAL/MISCELLANEOUS PROVISIONS:
A. Contract Documents . This agreement and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the mo re specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract. In the event of any conflict between the terms or conditions of this written agreement and any terms or conditions of any document prepared or provided by Contractor and made a part of this agreement, including without limitation any document relating to the scope of services or payment therefor, the written terms of this document shall control over those terms or conditions.
B. Non-Discrimination in Employment and Equal Employment Opportunit y.
Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, color, ancestry, national origin, religious creed, sex (including pregnancy, childbirth breastfeeding or related medical condition), sexual orientation, gender, gender identity, gender expression and age (over 40), disability (mental and physical), medical condition, marital status, citizenship, and military and veteran status.
C. Inspection of Record s. Contractor shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any t ime until six (6) months after the final payments under this Contract are made to the Contractor.
D. Entire Agreement. This Contract constitutes the entire agreement between the parties relative to the services specified herein and supersedes whatever ora l or written understanding they may have had prior to the execution of this agreement. No alteration or modification of this agreement shall be valid or effective unless and until such modification is evidenced by a writing signed by both parties to this C ontract, by persons authorized to act on behalf of the parties. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.
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E. Severability. If any portion of this agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
F. Waiver. Neither City’s acceptance of, or payment for, any service performed by Contractor, nor any waiver by either party of any default, breach, or condition precedent, shall be construed as a waiver of any provision of this agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
G. Notice. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to hav e been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:
City: City of Rocklin
Community Development Department
3970 Rocklin Road
Rocklin, CA 95677
City of Rocklin
Office of the City Attorney
3970 Rocklin Road
Rocklin, CA 95677
Contractor: CSG Consultants, Inc.
550 Pilgrim Drive
Foster city, CA 94404
Attn: Cyrus Kianpour, President
Email: [email protected]
Attn: Ethan Edward, Vice President
Planning Services
Email: [email protected]
H. Enforcement of Agreement. This Contract shall be interpreted, governed and enforced in accordance with the laws of the State of California. Venue of any action arising out of this Contract shall be brought and maintained in Placer County California, regardless of where else venue may lie. The parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such courts.
I. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its att orney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
J. Power and Authority to Enter into Agreement . All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in thenames, titles, and capacities herein stated and on behalf of any entities, persons, or firms DocuSign Envelope ID: 185889F7-42E6-482F-AF2E-0538600268A3 209
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represented or purported to be repres ented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Furthermore, by entering into this Agreement, Contractor hereby warrants that it shall not have breached the terms or conditions of any other contract or Agreement to which Contractor is obligated, which breach would have a material effect hereon.
K. Counterparts; Electronic Signatures. This Agreement ma y be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like i mport in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law.
L. Exhibits. All exhibits referred to herein and attached hereto, are by this reference incorporated as if set forth fully herein.
CONTRACTOR
By: _________________________
Cyrus Kianpour, President
By: _________________________
Nourdin Khayata, Secretary
CITY OF ROCKLIN
By: __________________________
Aly Zimmermann, City Manager
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ATTEST:
By: _______________________
Haley Reid, Acting City Clerk
APPROVED AS TO FORM:
By: _______________________
Daniel Cucchi, Interim City Attorney
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EXHIBIT A
Contractor Proposal/Scope of Work
Consultant shall ensure its staff assigned to perform work for the City are compensated in accordance with requirements of state and federal law, and are provided affordable health care and workers' compensation as required by law. Consultant shall ensure its staff assigned to perform work for the City of Rocklin are informed of City policies and procedures, and adhere to the City's policies and procedures. No employee of Consultant shall be assigned to work more than 960 hours per fiscal year on projects for the City of Rocklin, and Consultant will immediately notify the City if any of its staff assigned to a City project is a CalPERS member. To provide as-needed planning services help for the City of Rocklin as laid out in the request for proposals and copied below.
Consultant will be under contract on an on-call basis. As individual projects arise, the City will provide information about the project, including deadlines and necessary tasks which fall within the scope of work below. Consultant will provide a proposal to complete the project which will include the timeline for completion, staff assigned to the project, and cost. The City will review each project proposal and work with the selected consultant to refine the scope of work and associated details, as needed, before authorizing start of work.
• Process, review and manage routine and complex development entitlements, including, but not limited to: Conditional Use Permits, Subdivision and Parcel Maps, Design Review. • Coordinate work related to planning applications for projects in environmentally sensitive areas.
• Coordinate with Planning staff and staff of other city departments, consultants, and outside agencies during project reviews and processing.
• Visit project sites.
• Prepare written staff reports, ordinances, resolutions, records of land use action, development permit decision letters, conditions of approval, development agreements, environmental documents, and/or other related documents. • Attend and give presentations at meetings with applicants, consultants, and the public as needed, including public hearings.
• Prepare and deliver verbal presentations to the Planning Commission, City Council, Architectural Review Commission and/or other City Boards and Committees as needed. • Coordinate implementation of development applications during the construction phase (conditions of approval, etc.) and track conditions after developments have been occupied to ensure continued compliance with approval conditions and mitigation measures. • Prepare maps, graphs, models, presentations, power points, reports, and supporting technical documents.
• Prepare or sub-contract for the preparation of special studies necessary to support compliance with the California Environmental Quality Act (CEQA) for individual projects, and prepare documents necessary to address CEQA compliance for individual projects.
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• Respond to inquiries from general public, city staff, and other public agencies about the projects assigned and the City’s General Plan, the Zoning Ordinance, design guidelines, Area Plans, and other City documents, policies, and programs. • Work with the Code Enforcement Division to resolve code issues. • Perform related duties and responsibilities, including staffing the planning counter, when required.
• Review and approve Building Permits and Improvement Plans for compliance with relevant zoning criteria, conditions of approval, and approved exhibits.
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EXHIBIT B
Schedule of Performance
The City will solicit project proposals from the Consultant on an as-needed basis. The consultant will be expected to provide proposals in a timely manner and in a way that does not impact City operations and timelines. For that reason, the following schedule of performance will be expected from consultants:
Item Timeline
Individual project proposal 2 weeks from date of receipt from City Revisions (if needed) 1 week from receipt of comments from City Implementation and completion As specified in approved proposal
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EXHIBIT C
Schedule of Fees
[On the following page]
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Cost Proposal
C:SG PROPO'i/\1 TO THF. Ci rv or ROCl(I IN
N A .ANNING AND [NVIHONMf.l\JlAL REVILW )£:RVIUS
CSG's fee schedule for Planning personnel is provided in the table below.
PERSONNEL/ ROLE j HOURLY RATE
Planning Technician
Assistant Planner
Associate Planner
Associate Environmental Planner
············• ·· ................................. + .......................... ............. . $135
$145
$155
-·---...... ___ . __ .. __ ··---.. --.. -·-·· .. ····--.. -·- ........... _._ ... -... -........ ....... ... _ .......... -....... -t .. ·· -·-· .. ·---------··-· Senior Planner
Senior Environmental Planner
Principal Planner
Principal Environmental Planner
Planning Manager
$170
......... ___ -·---..... _ ....... -................... _ ........... f ......... ., ...... - ................. _ ... __ .. _ ·---··--- --- --- $175
$185
$190
$195
-"- ·-·------.. ····-·-·-·-·-··· ------ ·----------·--- --- ------ -------�--- ------- -··•--·-· -----� ··---·-··-·--•-- - ------------ - -- ------. ------ ·-·------- ---·--------•-•·-·•- Planning/ Environmental Director
Principal-in-Charge
$ 210
$235
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. Overtime work will be billed at 1.Sx the hourly rates indicated in the table above. On July 1 of each year following the contract start year, CSG will initiate a rate increase based on change in CPI for the applicable region. CSG will deliver an invoice every month for services rendered during the prior month.
CSG CONSULTANTS
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EXHIBIT D
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions be fore commencing the performance of the work of this contract.
CONTRACTORS
By: _________________________
Cyrus Kianpour, President
By: _________________________
Nourdin Khayata, Secretary
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City Council
Staff Report
Subject:
Purchase of a Driving Under the Influence Education and Enforcement Trailer
Date:
September 12, 2023
Submitted By:
Justin Nartker, Director of Public Services
Matt McClure, Public Services Manager
Department:
Public Services
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the Purchase of One Driving Under the Influence (DUI) Education and Enforcement Trailer; Authorizing the City Manager to Execute the Necessary Purchase Documents with Ultra Haulers; and Authorizing a Budget Appropriation.
Background:
In February 2023 the Rocklin Police Department applied for the Fiscal Year (FY) 23/24 Cannabis Tax Fund (CTF) Law Enforcement Grant through the California Highway Patrol (CHP). The purpose of this grant is to provide monetary assistance for the education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
In June 2023, the City was notified of a grant award in the amount of $336,225 that included $300,000 for the purchase of a DUI Education and Enforcement trailer (Award No. 12992).
The City Council accepted the grant on June 27, 2023 (Resolution No. 2023-104). The grant’s performance period ends on June 30, 2024, and the trailer must be purchased, delivered, and in use prior to the end date.
Staff reached out to various companies to obtain quotes to construct the specialized trailer and found two companies that may be able to provide the trailer within the needed timeframe:
Ultra Haulers, Anaheim, CA, $211,989 - committed that the trailer would be ready by the end of the first quarter of 2024. California based.
Mobile Concepts, Mount Pleasant, PA, $191,400 – provided a timeframe of 8-9 months.
Pennsylvania based.
Staff determined that Ultra Haulers out of California would provide the quickest delivery and would ensure that the trailer would be delivered and in use by the grant end date. Pursuant to Item Number 2L.
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Rocklin Municipal Code 3.040.090 (B) Sole or limited source (No Competitive Advantage by Soliciting bids) this purchase meets the requirements for Sole or limited source due to the time constraints imposed by the grant requirements. Staff engaged the CHP to ensure that employing the sole/limited source exception would not raise any concerns from the grantor.
The CHP confirmed their acceptance of this approach, validating its adherence to the grant's stipulations and objective (Attachment 4).
The total cost for the trailer is approximately $211,989 plus tax ($227,359).
Staff recommends that the City Council authorize a budget appropriation to administer and account for the grant in the amount of $336,225 and approve the purchase of the DUI education and enforcement trailer from Ultra Haulers.
Fiscal Impact:
The FY 23/24 CTF Law Enforcement Grant is $336,225. There is no grant match requirement with City funds. It is necessary to increase both the revenue and expenditure budgets by $336,225 in the Traffic Safety/Police Department Grants Fund (Fund 244) to administer and account for the grant funds.
ATTACHMENTS:
1. Resolution - DUI Trailer
2. Resolution Exhibit A - Trailer Quote
3. Resolution Exhibit B - Grant Agreement
4. Attachment 4 - CHP Confirmation
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RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AUTHORIZING THE PURCHASE OF ONE DRIVING UNDER THE INFLUENCE (DUI) EDUCATION AND ENFORCEMENT TRAILER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY PURCHASE DOCUMENTS WITH ULTRA HAULERS; AND AUTHORIZING A
BUDGET APPROPRIATION
WHEREAS, the Rocklin Police Department applied for the FY 23/24 CTFCP Law Enforcement – Rocklin Police Department Grant through the California Highway Patrol (CHP) to provide monetary assistance for the education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products; and WHEREAS, the grant in the amount of $336,225 was awarded to the Rocklin Police Department that included $300,000 for the purchase of a DUI Education and Enforcement trailer to be used to educate the public and enforce violations of DUI laws. On June 27, 2023, the City Council adopted Resolution No. 2023-104 accepting the Grant and authorizing the City Manager to execute the grant agreement (Exhibit B); and
WHEREAS, the grant’s performance period ends on June 30, 2024, and the trailer must be purchased, delivered, and in use prior to the end date; and WHEREAS, staff found two companies that may be able to meet the grant timeline, one was Pennsylvania based and had a delivery timeframe of 8-9 months, the second was located in California and committed to a delivery prior to the end of the first quarter in 2024; and WHEREAS, Rocklin Municipal Code Section 3.04.090 (B) allows for a contract award without competition when there is only one or limited source for the required goods, services, or construction item; for purchases in an amount more than $50,000, the determination shall be made by the City Council; and
WHEREAS, staff engaged the CHP to ensure that employing the sole/limited source exception would not raise any concerns from the grantor. The CHP confirmed their acceptance of this approach, validating its adherence to the grant's stipulations and objective; and WHEREAS, staff determined that Ultra Haulers out of California provided the quickest delivery to ensure the time constraints were met and meets the requirements for Sole or limited source due to the time constraints imposed by the grant requirements; and WHEREAS, the total cost of the trailer is estimated to be $211,989 plus tax ($227,359), and will be funded by the grant (Exhibit A); and
WHEREAS, staff recommends increasing the revenue and expenditure budgets in Traffic Safety/Police Department Grants Fund (Fund 244) to administer and account for the FY 23/24 CTFCP Law Enforcement CHP Grant and support the recommended purchase.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:
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