ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA
95677
Website:
www.rocklin.ca.us
August 26, 2025
Closed Session 5:30 p.m.
General Session 6:00 p.m.
Notice of Teleconference Meeting Location:
13050 Amberly Court #701
Bonita Springs, FL 34135
AMENDED AGENDA
*Item C6 Updated to Include Attachment 5
JILL GAYALDO,
Mayor
DAVID BASS,
Vice Mayor
KEN BROADWAY,
Council Member
BILL HALLDIN,
Council Member
GREG JANDA,
Council Member
ALY ZIMMERMANN,
City Manager
MATTHEW MCOMBER,
City Attorney
DANIEL CHOE,
City Treasurer
AVINTA SINGH,
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. Speakers are requested to restrict their comments to the item as it appears on the agenda and stay within the required three-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.
LEVINE ACT PROVISIONS
The Levine Act requires a party (or the party’s agent(s)) to a proceeding before the City of Rocklin that
involves any action or consideration to their contract, license, permit, or other entitlement for use, to
disclose any campaign contribution made to a City elected or appointed officer (including City Council Regular Meeting Agenda of August 26, 2025
1 Councilmembers, Planning Commissioners, and members of other City boards and commissions) totaling more than $500 within the 12 months before the City decision.
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.
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
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. 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 until 3:00 p.m. on the meeting day. Public comments should be submitted to the City Clerk at
[email protected]
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CALL TO ORDER
ROLL CALL
PUBLIC COMMENT ON CLOSED SESSION
City Council Regular Meeting Agenda of August 26, 2025
2 CS1.
Pursuant to Government Code Section 54956.9(d)(1), Conference with Legal Counsel, Existing Litigation, Constance Parks v. City of Rocklin, Placer County Superior Court Case NO. S-CV-0052491
CS2.
Pursuant to Government Code Section 54956.8: Conferences with Real Property Negotiators -- Acquisition of Rights of Way for the Rocklin Road/Interstate 80 Interchange Project
Agency Negotiator for Each Identified Property: Aly Zimmermann, City Manager.
Properties and Respective Property’s Negotiating Parties: 4400 Rocklin Road, Grewal Enterprises Rocklin LLC; 4410 Rocklin Road, Jair Jack TR; 4450 Rocklin Road, Sani Ranvir Singh & Kaur Jasveer TTEE; 4470 Rocklin Road, Heritage Inn Rocklin LLC; 4480 Rocklin Road, Heritage Inn Rocklin LLC; 4805 Granite Drive, Safeway Inc. Sublessee; 4877 Granite Drive, R Henry Properties LLC; 4500 Rocklin Road, Johl Petroleum Inc.; 4555 Rocklin Road, AV Investments, Inc.; 4460 Rocklin Road, Boroski & Borowski Three, LLC.
Under Negotiation: Price, Terms of Payment, or Both.
C1.
Minutes of the August 12, 2025 Regular Meeting of the City Council
CLOSED SESSION
REPORT OUT OF CLOSED SESSION
CALL GENERAL SESSION TO ORDER
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
CITIZENS ADDRESSING THE CITY COUNCIL
This is an opportunity for public comment on matters not listed on the agenda. Public comment on items listed on the agenda will be taken when the agenda item is called.
REPORTS FROM CITY COUNCIL AND CITY MANAGER
Reports from the City Council will include any AB1234 Reports.
CONSENT CALENDAR
All items listed under the Consent Calendar are considered and acted upon by one Motion. Anyone may request an item be removed for separate consideration.
Recommendation:
Approve the Minutes of the August 12, 2025 Regular Meeting of the City Council.
City Council Regular Meeting Agenda of August 26, 2025
3 C2.
Proclamation Recognizing Chris May
C3.
City of Rocklin, Pioneer Community Energy and Energy Mission Control dba FuSE Carbon Technologies Memorandum of Understanding
C4.
Response to 2024-25 Grand Jury Report: Conflict of Interest Code, Form 700, Ethics Training Compliance
C5.
Jones Hall Legal Services Agreement
C6.
Various Personnel Items
C7.
Cooperative Purchase Agreements for Fiscal Year 2025/26 - Repeal and Replace Resolution No. 2025-126
Recommendation:
Approve a
Proclamation Recognizing Chris May
and
Designating the Mayor to Sign the Proclamation on Behalf of the City Council.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin approving the Memorandum of Understanding between the City and Pioneer Community Energy for Low Carbon Fuel Standard program services to be administered by Energy Mission Control dba FuSE Carbon Technologies.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the Mayor to Execute the Response to the 2024-25 Grand Jury Final Report on Behalf of the City of Rocklin.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving the Agreement for Legal Services with Jones Hall, a Professional Law Corporation, and Authorizing the City Attorney to Execute the Agreement.
Recommendation:
A
.
Adopt a Resolution of the City Council of the City of Rocklin Fixing the Employer Contribution Under the Public Employees’ Medical and Hospital Care Act at an Equal Amount for Employees and Annuitants.
B
.
Adopt a Resolution of the City Council of the City of Rocklin to Approve Amendments to the Rules, Regulations, Benefits, and Policies Related to Employee Relations Between the Management, Confidential, and Unrepresented Employees and the City and Repeal Resolution No. 2024- 272.
C
.
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the City Manager to Overfill Allocated Positions within the Fire and Police Departments
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Repealing Resolution No. 2025-126 and Authorizing the City Manager to Purchase Goods and Services through Cooperative Purchase Agreements for Fiscal Year 2025/26.
City Council Regular Meeting Agenda of August 26, 2025
4 C8.
Adoption of Policy Implementing SB 937 Fee Deferral Requirements C9.
2024 Homeland Security Grant Program - Award of Grants
C10.
Memorial Park Play Structure Replacement - Amendment No. 1 and Notice of Completion
C11.
Corporation Yard Shop Roof Restoration and Gutter Replacement – Notice of Completion
C12.
Bluffs Subdivision ADA Ramps Phase 2 – Notice of Completion P1.
Summer Civic Career Program (SCCP) Presentation
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Adopting a Policy for Implementation of SB 937 and Authorizing the City Manager to Develop a Program Consistent with the Requirements of SB 937, Update Processes, and Take All Other Actions Necessary to be Compliant with the Requirements of SB 937.
Recommendation:
Adopt a Resolution Approving and Authorizing the City
Manager to Execute Subawardee Grant Agreements with the County of Placer Accepting the Terms and Awards of the 2024 Homeland Security Grant Program.
Recommendation:
A
.
Adopt a Resolution of the City Council of the City of Rocklin Approving Amendment No. 1 to the Construction Contract with Miracle Playsystems, Inc. and Authorizing the City Manager to Execute Amendment No. 1 and Approving a Budget Transfer.
B
.
Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as the Memorial Park Play Structure Replacement, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Miracle Playsystems, Inc.).
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as the Corporation Yard Shop Roof Restoration and Gutter Replacement, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (United Building Contractors, Inc.).
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as the Bluffs Subdivision ADA Ramps Phase 2, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Hyatt Contracting, Inc.).
PRESENTATIONS
In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
City Council Regular Meeting Agenda of August 26, 2025
5 P2.
Proclamation Recognizing Chris May
PH1.
2021-2029 Housing Element Program 10 - Alternative Sites / General Plan Amendments, GPA2025-0001 and GPA2024-0001; Rezone, Z2025-0001; Environmental Review, ENV2025-0009
PUBLIC HEARINGS
Public Hearings may be reordered by the Mayor with the consent of the legislative body.
Recommendation:
Conduct a Public Hearing and Consider the Following Actions:
A
.
Adopt a Resolution of the City Council of the City of Rocklin Approving an August 2025 Addendum to the 2012 General Plan Environmental Impact Report and a Statutory Exemption for the 2021-2029 Housing Element Program 10 – Alternative Sites for Inclusion in the Approved Inventory of Sites for the Regional Housing Needs Allocation (RHNA) Project (2021-2029 Housing Element Program 10 – Alternative Sites / ENV2025-0009).
B
.
Adopt a Resolution of the City Council of the City of Rocklin Approving a General Plan Amendment for the 2021-2029 Housing Element Program 10 – Alternative Sites for Inclusion in the Approved Inventory of Sites for the Regional Housing Needs Allocation (RHNA) Project and the Rocklin West Annexation Project (2021-2029 Housing Element Program 10 – Alternative Sites / GPA2025-0001 and Rocklin West Annexation / GPA2024-0001).
C
.
Introduce, Waive the Full Reading and Read by Title Only, an Ordinance of the City Council of the City of Rocklin Applying the Residential Minimum Density Overlay District to the Alternative Sites Identified for Inclusion in the City’s Regional Housing Needs Allocation (RHNA) Inventory of Sites (2021- 2029 Housing Element Program 10 – Alternative Sites / Z2025-0001).
FUTURE AGENDA ITEMS
ADJOURNMENT
City Council Regular Meeting Agenda of August 26, 2025
6 City Council
Staff Report
Subject:
Minutes of the August 12, 2025 Regular Meeting of the City Council Date:
August 26, 2025
Submitted By:
Avinta Singh, City Clerk
Department:
City Clerk's Office
Recommendation:
Approve the Minutes of the August 12, 2025 Regular Meeting of the City Council.
Item Number C1.
ATTACHMENTS:
1. Draft City Council Meeting Minutes of August 12, 2025 7 DRAFT Meeting Minutes of August 12, 2025 Rocklin City Council 1 | P a g e
ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall – Council Chambers
3970 Rocklin Rd. Rocklin, CA 95677
Website: www.rocklin.ca.us
August 12, 2025
Closed Session 5:30 p.m.
General Session 6:00 p.m.
MEETING MINUTES
-DRAFT-
CALL TO ORDER
Mayor Gayaldo called the meeting to order at 5:30 p.m.
ROLL CALL
Present: Councilmembers David Bass, Ken Broadway, Bill Halldin, Greg Janda Mayor Jill Gayaldo
Absent: None
PUBLIC CLOMMENT ON CLOSED SESSION
There were none.
Members of the City Council left the Council Chambers and convened Closed Session at 5:31 p.m.
CLOSED SESSION
CS1. Pursuant to Government Code Section 54956.9(d)(2), Conference with Legal Counsel, Anticipated Litigation: Significant Exposure to Litigation - One Case.
Members of the City Council returned to the Council Chambers at 6:05 p.m.
REPORT OUT OF CLOSED SESSION
There was no reportable action.
8 DRAFT Meeting Minutes of August 12, 2025 Rocklin City Council 2 | P a g e
CALL GENERAL SESSION TO ORDER
Mayor Gayaldo called the meeting to order at 6:05 p.m.
PLEDGE OF ALLEGIANCE
Mayor Gayaldo led the pledge of allegiance.
ROLL CALL
Present: Councilmembers David Bass, Ken Broadway, Bill Halldin, Greg Janda Mayor Jill Gayaldo
Absent: None
AGENDA REVIEW
City Manager Zimmermann requested to pull to Discussion Item D3 City Manager Employment Agreement from the agenda.
CITIZENS ADDRESSING THE CITY COUNCIL
Mr. Benjamin Bjorkman addressed the City Council sharing an alternative flag design for the City of Rocklin.
REPORTS FROM CITY COUNCIL AND CITY MANAGER
Council Member Halldin thanked the community for all of the events held over the summer including the fireworks shows as well as the concerts organized by the City’s Parks and Recreation department.
Vice Mayor Bass reported Meeting with staff from the Commission on State Manda tes; shared that the City hosted the Placer City and County Officials Association dinner; and stated that he met with the Yankee Hill Estates HOA to discuss zoning concerns.
Council Member Broadway reported attendance at Destiny Church’s annual Celebrate America event; participated in National Night Out on August 5, 2025 recognizing efforts by communities to keep their neighborhoods safe and thanked public safety staff for their involvement; attended the Rocklin Chamber of Commerce Government Relations Committee meeting; and participated in Rocklin Police Activities League (PAL) and RPD’s back to school shop with a cop program.
Mayor Gayaldo participated in a meeting along with Council Member Halldin and residents of Ansel Park Assisted Living; participated in the Summer Civic Career Program (SCCP) held at City Hall; participated in the State of the City event organized by the City of Rocklin and held at Sierra College; attended a meeting of the Placer Mosquito Vector Control District; attended t he Greater Sacramento Economic Council Board meeting; participated in a 9 DRAFT Meeting Minutes of August 12, 2025 Rocklin City Council 3 | P a g e
presentation to the South Placer Kiwanis Club; attended the ribbon cutting ceremony for the new park equipment installation at Memorial Park; attended the Placer County City Selection Committee meeting; participated in the Church of Latter -Day Saints Ice Cream Social; participated in Boards and Commission interviews; shared the City of Rocklin hosted the Placer City County and Officials Association dinner event; attended the Placer Coun ty Association of Realtors meeting; attended the Rocklin PAL Junior Police Academy graduation; participated with Vice Mayor Bass in a 3x3 meeting with Placer County Board of Supervisors; and attended the Rocklin Chamber of Commerce Government Relations Committee meeting and shared that a new Sheriff’s substation would open in Rocklin.
City Manager Zimmermann shared that the 2025 SCCP Cohort will be attending the following City Council meeting to receive certificates and scholarships; congratulated the City’s Community Development and Parks and Recreation departments for being awarded Project of the Year in the park’s section for the bike pump track at Whitney Park by the American Public Works Association, Sacramento Chapter; and shared the following upcoming events to be held at Quarry Park: Evenings in the Park movie on Friday featuring Moana 2, Jazz in the Park on Saturday, and Gin Blossoms on Sunday.
CONSENT CALENDAR
Council Member Broadway requested to pull Consent Item No. C5 and Council Member Halldin requested to pull Consent Item No. C3 from the Consent Calendar.
C1. Minutes of the June 24, 2025 Regular Meeting of the City Council Action: Approved the Minutes of the June 24, 2025 Regular Meeting of the City Council.
C2. Minutes of the July 30, 2025 Special Meeting of the City Council Action: Approved the Minutes of the July 30, 2025 Special Meeting of the City Council.
C3. Appointments to Various City Commissions – Pulled for discussion.
C4. Robbins and Holdaway Contract Amendment No. 3
Action: Adopted Resolution No. 2025-156 of the City Council of the City of Rocklin Approving and Authorizing the City Attorney to Execute Amendment No. 3 to the Agreement Between the City of Rocklin and Robbins and Holdaway for Legal Services.
C5. Affordable Housing Agreement for Estia at Rocklin – Pulled for discussion.
C6. Affordable Housing Agreement for Quarry Row
Action: Adopted Resolution No. 2025-158 of the City Council of the City of Rocklin Approving the Affordable Housing Agreement for the Quarry Row project and Authorizing the City Manager to Enter into the Agreement.
10 DRAFT Meeting Minutes of August 12, 2025 Rocklin City Council 4 | P a g e
C7. Quarry Row Final Map
Action:
A. Adopted Resolution No. 2025 -159 of the City Council of the City of Rocklin Approving the Final Map of Quarry Row Subdivision/(SD -2016-0003) and Approving and Authorizing Execution of a Subdivision Improvement Agreement.
B. Adopted Resolution No. 2025 -160 of the City Council of the City of Rocklin Approving and Authorizing Execution of a Subdivision Landscaping Agreement of Quarry Row Subdivision (SD-2016-0003).
C8. Quarterly Treasurer's Report
Action: Received the Treasurer's Report for the Quarter Ending June 30, 2025.
C9. Amending the Appropriations Limit for the City and the Special Districts for Fiscal Year 2024/25
Action: Adopted Resolution No. 2025-161 of the City Council of the City of Rocklin Amending the Appropriations Limit for the City of Rocklin and the Special Districts for Fiscal Year 2024/25.
C10. 2025-2028 Memorandum of Understanding with Rocklin Firefighters, Local 522 Action: Adopted Resolution No. 2025-162 of the City Council of the City of Rocklin Approving the Negotiated Memorandum of Understanding Between the City of Rocklin and the Rocklin Firefighters, Local 522, for the term of July 1, 2025 - June 30, 2028 and Adopt the Updated Fire Salary Schedule.
C11. City of Rocklin Fire Department's State Mandated Annual Fire Inspection Report Action: Adopted Resolution No. 2025-163 of the City Council of the City of Rocklin Acknowledging the City of Rocklin Fire Department’s Compliance with Sections 13146.2 and 13146.3 of the California Health and Safety Code.
C12. California Highway Patrol Grant - Award
Action: Adopted Resolution No. 2025-164 of the City Council of the City of Rocklin Ratifying the Grant Application Submitted to the Department of California Highway Patrol and Authorizing the City Manager to Execute the Grant Agreement.
C13. California State Office of Traffic Safety (OTS) Grant Action: Adopted Resolution No. 2025 -165 of the City Council of the City of Rocklin Ratifying the Submission of the Office of Traffic Safety (OTS) Grant Application for Selective Traffic Enforcement Program (STEP) and Accepting an Award in the amount of $70,000 and Authorize the City Manager to Sign the Grant Agreement and Necessary Grant Documentation.
11 DRAFT Meeting Minutes of August 12, 2025 Rocklin City Council 5 | P a g e
C14. Masonry Wall Repair - Notice of Completion
Action: Adopted Resolution No. 2025 -166 of the City Council of the City of Rocklin Accepting the Public Work Known as the Masonry Wall Repair, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Hinkley’s Masonry).
C15. Vehicle and Equipment Purchases
Action:
A. Adopted Resolution No. 2025 -167 of the City Council of the City of Rocklin Approving and Authorizing the Purchase of Ten (10) 2025 Chevrolet Tahoe Vehicles From Winner Chevrolet and Authorizing the City Manager to Purchase the Vehicles.
B. Adopted Resolution No. 2025 -168 of the City Council of the City of Rocklin Approving and Authorizing the Purchase of One (1) Vactor Trailer from RDO Equipment Company and Authorizing the City Manager to Purchase the Vactor Trailer.
C16. Janitorial Services Agreement
Action: Adopted Resolution No. 2025-169 of the City Council of the City of Rocklin Authorizing Awarding the Contract for Janitorial Services of City Owned Facilities to Pride Industries One, Inc. and Authorizing the City Manager to Execute the Agreement with Pride Industries.
C17. Utility Construction Cooperation and Reimbursement Agreement Action: Adopted Resolution No. 2025 -170 of the City Council of the City of R ocklin Approving a Construction Cooperation and Reimbursement Agreement with South Placer Municipal Utility District (SPMUD) for Sewer Improvements During the Bluffs Subdivision Road Reconstruction Phase I Project and Authorizing the City Manager to Execute an Agreement with South Placer Municipal Utility District.
PUBLIC COMMENT
There were none.
Motion to approve Consent Calendar Item Nos. C1 , C2 , C4, C6 through C 17, by Council Member Halldin, seconded by Council Member Janda . Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
12 DRAFT Meeting Minutes of August 12, 2025 Rocklin City Council 6 | P a g e
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION
Council Member Broadway requested to pull Consent Item No. C5 and Council Member Halldin requested to pull Consent Item No. C3 from the Consent Calendar.
Council Member Broadway requested to pull Consent Item No. C5 from the Consent Calendar.
C5. Affordable Housing Agreement for Estia at Rocklin
Action: Adopted Resolution No. 2025 -157 of the City Council of the City of Rocklin Approving the Estia at Rocklin Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants and Authorizing the City Manager to Execute the Agreement.
PUBLIC COMMENT
There were none.
Motion to approve Consent Calendar Item No. C 5 by Council Member Halldin, seconded by Council Member Janda. Passed by the following vote:
Ayes: Councilmembers Halldin, Janda
Mayor Gayaldo
Noes: Councilmembers Broadway and Bass
Absent: None
Abstain: None
C3. Appointments to Various City Commissions
Action:
A. Adopted Resolution No. 2025 -154 of the City Council of the City of Rocklin Making Appointments to the Arts Commission.
Motion to approve Consent Calendar Item No. C 3.A. by Council Member Halldin, seconded by Council Member Janda. Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
13 DRAFT Meeting Minutes of August 12, 2025 Rocklin City Council 7 | P a g e
Action:
B. Adopted Resolution No. 2025 -155 of the City Council of the City of Rocklin Making an Appointment to the Parks and Recreation Commission.
Motion to approve Consent Calendar Item No. C 3.B. by Council Member Halldin, seconded by Council Member Janda. Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
Recommendation:
C. Adopt a Resolution of the City Council of the City of Rocklin Making Appointments to the Community Recognition Commission. - This resolution was not adopted.
PUBLIC COMMENT
Community Recognition Commission Acting Chair Michele Vass stated there is a need for a Code of Conduct of appointed meeting bodies.
Motion to approve Consent Calendar Item No. C 3.C. by Council Member Broadway, seconded by Mayor Gayaldo.
Substitute motion by Council Member Halldin to re-open the recruitment period for the Community Recognition Commission vacancy, seconded by Council Member Janda.
Failed by the following roll call vote:
Ayes: Councilmembers Halldin, Janda
Noes: Council Member Broadway
Mayor Gayaldo
Absent: None
Abstain: Vice Mayor Bass
Motion re-introduced to approve Consent Calendar Item No. C 3.C. by Council Member Broadway as presented, seconded by Mayor Gayaldo. Failed by the following roll call vote:
Ayes: Council Member Broadway and Mayor Gayaldo
Noes: Councilmembers Halldin, Janda
Absent: None
Abstain: Vice Mayor Bass
Due to a lack of three affirmative votes, the motion did not move forward and Consent Item No. C3.C. did not pass.
14 DRAFT Meeting Minutes of August 12, 2025 Rocklin City Council 8 | P a g e
PRESENTATIONS
P1. Oaths of Office for Incoming Arts Commission, Community Recognition Commission, and Parks and Recreation Commission Members - Due to a failed motion for Consent Item No. C3.C, the appointments to the CRC were not administered.
City Clerk Avinta Singh administered the Oath of Office to Arts Commissioners Gloria Beverage and Holly Clark, and to Parks and Recreation Youth Commissioner Maximus Kotte.
P2. Placer Mosquito & Vector Control District Annual Update
District Manager Joel Buettner with the Placer Mosquito Vector & Control District provided an annual update on the agency’s programming.
PUBLIC COMMENT
Mr. Benjamin Bjorkman complimented the presentation.
PUBLIC HEARINGS
PH1. Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing and Approval of the Issuance of Revenue Bonds by the California Municipal Finance Authority for the Benefit of Rocklin 688, L.P.
Action: Conducted a Public Hearing and Considered the Following Action: Adopted Resolution No. 2025-171 of the City Council of the City of Rocklin Approving a Plan of Finance including the Issuance of Revenue Bonds by the California Municipal Finance Authority to Finance and Refinance a Qualified Residential Rental Project for the Benefit of Rocklin 688, L.P., and Certain Other Matters Relating Thereto.
Mayor Gayaldo opened the public hearing for item PH1.
Management Analyst Megan Bressem presented the item to the City Council.
PUBLIC COMMENT
There were none.
Mayor Gayaldo closed the public hearing for item PH1.
Public Hearings may be reordered by the Mayor with the consent of the legislative body. 15 DRAFT Meeting Minutes of August 12, 2025 Rocklin City Council 9 | P a g e
Motion to approve Public Hearing Item No. PH1 , by Council Member Broadway, seconded by Council Member Janda. Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
PH2. Rocklin Municipal Code Kennel Ordinance Amendments / Zoning Ordinance Amendment, ZOA2025-0002 (Continued from June 24, 2025)
Recommendation: Conduct a Public Hearing and Consider the Following Action:
Introduce, Waive the Full Reading and Read by Title Only, an Ordinance of the City Council of the City of Rocklin Amending Rocklin Municipal Code Section - Kennels. (Kennel Ordinance / ZOA2025-0002). – Based on Council direction to incorporate further modifications to the ordinance, this item will return and be re-introduced at a future meeting.
Mayor Gayaldo noted that the item was continued from the June 24, 2025 City Council meeting and opened the public hearing for item PH2.
Senior Planner Bennett Smithhart presented the item to the City Council.
City Council comments and discussion followed. Due to concerns raised about the use of outdoor kennels and the potential impacts t o tenants leasing adjacent commercial spaces, Planning Manager Arwen Wacht suggested signoffs on applications being required from surrounding commercial businesses located within a certain distance; and noted if there was a noise concern, this could be re-evaluated.
PUBLIC COMMENT
There were none.
Mayor Gayaldo closed the public hearing for item PH2.
Motion to approve Public Hearing Item No. PH2 by Council Member Halldin with an added provision requiring the applicant to seek consent of tenants and property owners located within 150 feet of a proposed project.
Community Development Director David Mohlenbrok stated that the proposed ordinance included the application submittal process and based on the discussion, this could be modified to codify a requirement that signoffs be required from tenants and business owners located within 150 feet of a proposed application.
City Manager Zimmermann noted that this would require re-introducing the ordinance.
Mr. Mohlenbrok recommended that staff return with a re -introduction of the item at a future meeting to ensure the intent of the City Council is captured. 16 DRAFT Meeting Minutes of August 12, 2025 Rocklin City Council 10 | P a g e
Council Member Halldin withdrew his motion.
PUBLIC COMMENT
Mayor Gayaldo reopened the public comment period.
Mr. Benjamin Bjorkman expressed concern about dogs barking being audible from a distance.
Mayor Gayaldo stated that the motion had been withdrawn and staff was given direction to incorporate changes suggested by the City Council, and to return with kennel ordinance amendments at a future meeting.
PH3. Whitney Walk Residential / Environmental, ENV2025 -0007; General Development Plan, PDG2024 -0002; Design Review, DR2024 -0005; Tentative Subdivision Map, SD2024-0001; Tree Preservation Permit, TRE2024-001
Mayor Gayaldo opened the public hearing for item PH3.
Planning Manager Arwen Wacht presented the item to the City Council.
City Council comments and discussion followed on parking, heights of proposed townhomes, garage space being used for storage , median price of townhomes, inclusion of a sidewalk on South Whitney.
Mr. Marcus LoDuca, spoke on behalf of the Whitney Walk Residential project team requesting approval of the project.
Community Development Director Mohlenbrok clarified that, per the City’s policy, there were riparian protection areas in the surrounding open space.
PUBLIC COMMENT
There were none.
Mayor Gayaldo closed the public hearing for item PH3.
Council Member Broadway requested to formalize inclusion of a requirement that the HOA incorporate conditions in the CCRs that are enforceable by the HOA mandating garages to be used for vehicle parking and prohibit ing the conversion of garages to storage. City Manager Zimmermann noted that staff had drafted a condition that could be read into the record.
Action: Conducted a Public Hearing and Considered the Following Actions:
A. Adopted Resolution No. 2025-172 of the City Council of the City of Rocklin Approving an Addendum to the 2015 Sunset Hills Townhomes Initial 17 DRAFT Meeting Minutes of August 12, 2025 Rocklin City Council 11 | P a g e
Study/Mitigated Negative Declaration (IS/MND) and to the 2016 South Whitney Mixed -Use Townhomes and Medical Center Initial Study/Mitigated Negative Declaration (IS/MND) (Whitney Walk Residential / ENV2025-0007);
Motion to approve Public Hearing Item No. PH3.A. by Council Member Broadway, seconded by Council Member Halldin. Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
B. Adopted Resolution No. 2025-173 of the City Council of the City of Rocklin Approving a Design Review (Whitney Walk Residential / DR2024-0005);
Motion to approve Public Hearing Item No. PH3.B. by Council Member Broadway, seconded by Council Member Halldin. Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
C. Adopted Resolution No. 2025-174 of t he City Council of the City of Rocklin Approving a Tentative Map and an Oak Tree Preservation Permit (Whitney Walk Residential / SD2024-0001 and TRE2024-0001);
Motion to approve Public Hearing Item No. PH3.C. by Council Member Broadway, seconded by Council Member Halldin. Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
D. Introduced, Waived the Full Reading and Read by Title Only, an Ordinance of the City Council of the City of Rocklin Repealing Ordinance No. 1036 (Sunset Hills Townhomes General Development Plan) and Ordinance No. 1052 (South Whitney Mixed Use General Development Plan), and Adopting the Whitney Walk General Development Plan (Whit ney Walk Residential / PDG2024-0002).
Motion to approve Public Hearing Item No. PH 3.D. by Council Member Broadway, seconded by Council Member Halldin. Passed by the following vote:
18 DRAFT Meeting Minutes of August 12, 2025 Rocklin City Council 12 | P a g e
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
The City Council took a recess at 8:20 p.m. and returned at 8:31pm.
DISCUSSION ITEMS
D1. Build Up Rocklin Program - Agreement with Growth Factory and Budget Amendment
Action: Adopted Resolution No. 2025-175 of the City Council of the City of Rocklin Approving a Professional Services Agreement for the Continuation of the Build Up Rocklin Program, Establishing a Grant Program in Support of Participating Businesses, and Approving a Budget Amendment.
Assistant City Manager Andrew Keys presented the item to the City Council.
City Council comments and discussion followed.
Mr. Mehrshad Mansouri, Managing Director of the Growth Factory, addressed the City Council providing additional background of work done by his organization promoting economic development and its impact on the community.
PUBLIC COMMENT
There were none.
City Manager Zimmermann noted that over the c ourse of the first two phases , the program cost was $300,000, with each cohort costing $150,000, of which $5,000 went directly to each business participant. She stated that the proposed program designed in concert with the Growth Factory, was to make the program more dynamic, have a larger impact on participating businesses, and to incentivize a larger potential amount for the grant.
Assistant City Manager Keys underscored that the grants will be competitive so that business owners undergoing the program who put forward a quality product or plan may be recommended by the Growth Factory to receive a grant up to $25,000 from the City. He noted that unspent funds may be eligible for allocation to an alternative economic development effort.
Discussion Items include oral presentations including those recommending "receive and file". 19 DRAFT Meeting Minutes of August 12, 2025 Rocklin City Council 13 | P a g e
Motion to approve Discussion Item No. D1 by Council Member Halldin with an adjustment to the resolution language to serve a minimum of eight businesses and accommodate up ten businesses in the program , seconded by Council Member Janda. Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
D2. City of Rocklin 2025-2027 Strategic Plan
Action: Affirmed the Outcomes of the 2025 -2027 Strategic Planning Process and Provided Direction to Staff on the Proposed Two-Year Work Plan Items.
Assistant City Manager Andrew Keys presented the item to the City Council.
PUBLIC COMMENT
There were none.
Motion to affirm the work plan for Discussion Item No. D2 by Council Member Broadway, seconded by Council Member Halldin. Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
D3. City Manager Employment Agreement – This item was pulled from the agenda.
D4. City Attorney Employment Agreement - Second Amendment Action: Adopted Resolution No. 2025-176 of the City Council of the City of Rocklin Approving the Second Amendment to the Employment Agreement with the City Attorney and Authorizing the Mayor to Execute the Amendment.
Mayor Gayaldo presented the key terms of the second amendment to the employment agreement with the City Attorney.
PUBLIC COMMENT
Mayor Gayaldo shared that a public comment had been received by email for the item.
The original motion was made by Council Member Halldin to approve Discussion Item No. D4, however as this did not include the changes captured in the Blue Memo, City Attorney McOmber requested re-consideration of the item. 20 DRAFT Meeting Minutes of August 12, 2025 Rocklin City Council 14 | P a g e
Motion to approve Discussion Item No. D4 by Council Member Broadway, seconded by Council Member Halldin, to include the information noted in the Blue Memo .
Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
D5. Inclusionary Housing Ordinance and In-Lieu Fee Program Action:
A. Received a Staff Report of the Possible Timeframes that Could Be Implemented for Potential Adoption of an Inclusionary Housing Program and Provided Direction to Staff.
B. Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Negotiate and Execute a Contract Amendment with Keyser Marston Associates for the Creation of an Inclusionary Housing Ordinance and Establishment of an I n-Lieu Fee. – This resolution was not adopted.
City Manager Aly Zimmermann presented the item to the City Council.
City Council comments and discussion followed.
PUBLIC COMMENT
Mr. Benjamin Bjorkman supported use of the Sacramento Bee for public notices related to this item.
City Manager Zimmermann clarified that the Placer County Superior Court identified the Placer Herald as the adjudicated newspaper for the City of Rocklin.
Motion to approve Discussion Item No. D5. to go with Option 2 (Interim Staff Project) by Council Member Halldin, seconded by Council Member Broadway. Passed by the following vote:
Ayes: Councilmembers Bass, Broadway, Halldin, Janda
Mayor Gayaldo
Noes: None
Absent: None
Abstain: None
21 DRAFT Meeting Minutes of August 12, 2025 Rocklin City Council 15 | P a g e
FUTURE AGENDA ITEMS
There were none.
ADJOURNMENT
Mayor Gayaldo adjourned the meeting at 9:43 p.m.
This is to certify that the foregoing is a true and
correct copy of the minutes of August 12, 2025
as approved by the Rocklin City Council.
Avinta Singh, City Clerk
22 City Council
Staff Report
Subject:
Proclamation Recognizing Chris May
Date:
August 26, 2025
Submitted By:
Avinta Singh, City Clerk
Department:
City Clerk's Office
Recommendation:
Approve a
Proclamation Recognizing Chris May
and Designating the Mayor to Sign the
Proclamation on Behalf of the City Council.
Item Number C2.
ATTACHMENTS:
1. Proclamation Recognizing Chris May
23 Proclamation
Issued by City Council
Recognizing Chris May
WHEREAS, Rocklin Little League has served as a key part of our community, offering young athletes an opportunity to grow through baseball while learning teamwork, discipline, and sportsmanship; and
WHEREAS, Chris May has faithfully served as President of Rocklin Little League since 2018, demonstrating unwavering commitment to the league’s mission, its players, and their families; and
WHEREAS, under Chris May’s leadership, Rocklin Little League has grown stronger in participation, community engagement, and positive impact, providing a safe and supportive environment for all; and
WHEREAS, Chris May has dedicated countless volunteer hours managing league operations, supporting coaches and parents, and ensuring that every child experiences the joy and camaraderie of America’s pastime; and
WHEREAS, his leadership has extended beyond the field—instilling values, building community spirit, and mentoring young athletes both in character and in competition; and
WHEREAS, the City of Rocklin recognizes the significant contributions Chris May has made to the development of youth sports and the lasting legacy he leaves through his service;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rocklin does hereby recognize and commend Chris May for his outstanding leadership, dedication, and service as President of Rocklin Little League, and extends sincere appreciation on behalf of the entire Rocklin community.
In witness whereof I have hereunto set my hand and caused this seal to be affixed.
Jill Gayaldo, Mayor
ATTEST:
Avinta Singh, City Clerk
24 City Council
Staff Report
Subject:
City of Rocklin, Pioneer Community Energy and Energy Mission Control dba FuSE Carbon Technologies Memorandum of
Understanding
Date:
August 26, 2025
Submitted By:
Andrew Keys, Assistant City Manager
Department:
City Manager's Office
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin approving the Memorandum of Understanding between the City and Pioneer Community Energy for Low Carbon Fuel Standard program services to be administered by Energy Mission Control dba FuSE Carbon Technologies.
Background:
The Low Carbon Fuel Standard (LCFS) program is managed by the California Air Resources Board (CARB), and operates similarly to the Cap-and-Trade program in that some entities generate credits and some generate deficits based on the carbon intensity of their activities.
LCFS is exclusive to transportation fuel emissions.
Entities that produce low, or no, carbon transportation fuels generate credits. Entities that produce transportation fuel emissions create a deficit. These credits have a floating value based on the program market dynamics. Entities with credits can sell them to entities that create emissions, and the selling party realizes the monetary value associated with the credits.
The City is currently undertaking a Zero Emissions Vehicle study and transition plan. Over time, the City of Rocklin can potentially generate credits from City-owned electric vehicles (EV), EV charging infrastructure, electric forklifts, and other clean transportation elements.
At its April 17, 2025 Board Meeting, Pioneer Community Energy (Pioneer) approved an agreement between Pioneer and Mission Energy Control (dba FuSE) to provide LCFS program services to Pioneer. The agreement included the ability for member agencies to utilize FuSE services through a Memorandum of Understanding (MOU) with Pioneer. This MOU arrangement allows the City to leverage Pioneer’s expertise in LCFS programs and Pioneer’s publicly bid contract with FuSE to provide these services to Rocklin. Services will be provided at minimal cost and in a manner that would likely not be directly accessible to the City as a small player within the LCFS market.
Item Number C3.
25 To monetize its LCFS credits, the City must utilize a credit broker. FuSE is an approved credit broker contracted by Pioneer and other Community Choice Aggregators (CCAs) throughout California. FuSE supports Pioneer and other CCAs' efforts to monetize their LCFS credits produced primarily through EV charging stations. FuSE is a software-as-a-service (SaaS) company that designs, manages and executes electricity consumption data products and services for public agencies, larger companies, and other CCAs to buy and sell LCFS credits.
If the MOU is approved, CARB staff administering the LCFS credit program would work with FuSE and the City to inventory and track potential sources for credit. FuSE then would sell the credits on behalf of the City, and FuSE and Pioneer each retain 5% of the credit value. The balance of 90% would be returned to the City. Based on Pioneer’s estimate, the City can generate anywhere between $784 and $6,782 per year depending on use of the City-owned publicly available EV chargers. The City currently receives no value for any generated LCFS credits because the City does not have a broker to sell the credits.
Fiscal Impact:
There is no impact to existing City revenues from this action. Any costs for administering the LCFS program are contingent on FuSE successfully selling the City’s credits to market. Based on Pioneer’s estimates, the City would net between approximately $705 and $6,104 in additional annual revenue from LCFS program participation. These funds can help offset some costs for future clean fleet or electric vehicle purchases or infrastructure installation.
ATTACHMENTS:
1. Resolution
2. MOU - Pioneer FuSE
3. Consultant Services Agreement
4. Clean Fleet Revenue Program
26 Resolution No. 2025- August 26, 2025 Page 1 of 2
1 RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
APPROVING THE A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND PIONEER COMMUNITY ENERGY FOR
LOW CARBON FUEL STANDARD PROGRAM SERVICES
TO BE ADMINISTERED BY ENERGY MISSION CONTROL
DBA FUSE CARBON TECHNOLOGIES
WHEREAS, Assembly Bill 32 created the Low Carbon Fuel Standard (LCFS) program managed by the California Air Resources Board (CARB); and
WHEREAS, under LCFS, entities that produce low, or no, carbon transportation fuels through eligible activities generate credits that can be sold into market by approved brokers; and
WHEREAS, under LCFS, entities that produce transportation fuel emissions create a deficit that must be offset through credit purchases creating a market incentive to reduce emissions and providing revenue for those low emissions entities; and
WHEREAS, the City of Rocklin is a member of Pioneer Community Energy (“Pioneer”) an d Pioneer as an expert in energy programs, specifically LCFS, has contracted with Energy Mission Contral dba FuSE Carbon Technologies (“FuSE”) to administer LCFS programs on behalf of Pioneer and member agencies; and
WHEREAS, to access FuSE LCFS services, the City must enter into an MOU with Pioneer; and
WHEREAS, Pioneer’s expertise and public procurement process provide the City with access to these services at minimal cost and in a manner that would likely not be directly accessible to the City as a small player in the LCFS market.
NOW, THEREFORE, the City Council of the City of Rocklin does hereby resolve as follows:
Section 1. The City Council of the City of Rocklin approves the MOU attached as Exhibit A.
Section 2. The City Council of the City of Rocklin authorizes the Mayor to execute the MOU attached as Exhibit A.
27 Resolution No. 2025- August 26, 2025 Page 2 of 2
1 PASSED AND ADOPTED this 26th day of August, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_______________________________
Jill Gayaldo, Mayor
ATTEST:
______________________________
Avinta Singh, City Clerk
28 1
MEMORANDUM OF UNDERSTANDING
BETWEEN PIONEER COMMUNITY ENERGY AND THE CITY OF ROCKLIN FOR PARTICIPATION IN LOW CARBON FUEL STANDARD PROGRAM SERVICES BETWEEN FuSE
CARBON TECHNOLOGIES AND PIONEER COMMUNITY ENERGY
This Memorandum of Understanding (“MOU”) is made by and between Pioneer Community Energy, a California joint powers authority and community choice aggregator (“Pioneer”), and the City of Rocklin, a California municipal corporation and a general law city (“Partner”) (each a “Party” and together the “Parties”) to allow for Partner to utilize FuSE Carbon Technologies’ services under the Consultant Services Agreement dated April 29, 2025 between Pioneer FuSE Carbon.
BACKGROUND
1. The Low Carbon Fuel Standard (“LCFS”) is a program designed to reduce transportation greenhouse gas emissions, and is managed by the California Air Resources Board (“CARB”). LCFS creates a program marketplace where entities that produce energy credits may sell those credits to entities that produce energy deficits, i.e., entities that generate greenhouse gas emissions. Entities produce energy credits in several ways, including by deploying zero emission vehicle infrastructure, in which case credits are based on the capacity and use of chargers. Sellers of LCFS credits may use a third-party broker to facilitate the transfer of credits in the LCFS marketplace.
2. On April 17, 2025, the Pioneer Community Energy Board adopted a resolution approving and authorizing Pioneer’s Chief Executive Officer to execute an agreement with Energy Mission Control Corporation dba FuSE Carbon Technologies (“FuSE”) as a third-party broker to facilitate trading energy credits. Section 26 of Pioneer’s agreement with FuSE allows Pioneer’s member agencies to participate in the LCFS marketplace through a memorandum of understanding associated with Pioneer’s master agreement, if the member agency opts in.
3. Member agencies’ participation in the program is entirely voluntary. To participate through Pioneer’s agreement with FuSE, member agencies may execute a MOU between the member agency and Pioneer. Alternatively, member agencies may contract directly with FuSE or another third-party broker of their choice, or participate directly in the LCFS marketplace without a broker.
4. Partner has deployed zero emission vehicle infrastructure and wishes to sell generated energy credits from chargers in the LCFS marketplace.
5. As a member agency of Pioneer, Partner wishes to procure the services of FuSE to facilitate trading energy credits, and wishes to do so as an intended third-party beneficiary of the Consultant Services Agreement dated April 29, 2025, between Pioneer and FuSE (the “Master Agreement”), attached hereto as Exhibit A and incorporated by this reference.
29 2
NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, it is mutually understood and agreed by and between the Parties as follows:
1. Recitals. The Background recitals are true and correct and incorporated by this reference.
2. Opt-in. Pursuant to Section 26 of the Master Agreement, Partner hereby requests the services of FuSE as a third-party broker to facilitate trading energy credits on the LCFS marketplace as provided by the Master Agreement. Upon full execution of this MOU, Pioneer shall transmit a copy of this MOU to FuSE.
3. Intended Third Party Beneficiary. The Parties acknowledge that Partner is an intended third-party beneficiary of the Master Agreement who shall receive the benefits of a “Partner,” as defined in the Master Agreement, and may enforce the terms thereof against FuSE under California Civil Code section 1559.
3.1 The Parties understand and agree that this MOU creates a separate contractual relationship between Partner and FuSE and to which Pioneer is not a party.
3.2 This MOU does not create any new rights, duties, or relationships between Pioneer and FuSE or between Pioneer and Partner. This MOU does not extend, terminate, expand, reduce, modify, or otherwise affect any existing agreements or existing rights, duties, or relationships between Pioneer and FuSE or between Pioneer and Partner.
4. Effective Date. The Effective Date of this MOU is of the last date signed below by a Party representative.
5. Term. This MOU shall remain in place until the earlier of the following:
5.1 Termination of the Master Agreement, written notice of which shall be provided promptly by Pioneer to Partner.
5.2 Termination by Partner for any reason at any time upon thirty (30) calendar days’ advance written notice to FuSE and Pioneer. In the event Partner shall give notice of termination, FuSE shall immediately cease rendering services upon receipt of such written notice. All Partner data, documents, objects, materials or other tangible things shall be returned to Partner upon the termination or expiration of this Agreement.
5.3 Termination by FuSE upon thirty (30) working days’ advance written notice to Partner and Pioneer. In the event of such termination, FuSE shall deliver copies 30 3
of all writings to Partner but shall be entitled to compensation provided in Section 17.A of the Master Agreement.
6. Relationship of the Parties.
6.1 This MOU does not create any employee, contractor, subcontractor, joint venturer, partner, representative, or agent relationship between the Parties, nor any other similar relationship between the Parties. Neither Party shall be, or shall be deemed to be, an employee, contractor, subcontractor, joint venturer, partner, representative, or agent of the other Party by virtue of this MOU.
Neither Party may represent that it is, or that any of its officers, employees, subcontractors, subcontractors, or agents are, employees, contractors, subcontractors, joint venturers, partners, representatives, or agents of the other Party by virtue of this MOU, or that they have the power to bind or commit the other Party by virtue of this MOU.
6.2 Each Party is solely responsible for the acts and omissions of its officers, employees, subcontractors, subcontractors, and agents. Neither Party nor either Party’s officers, employees, subcontractors, subcontractors, or agents shall obtain any rights to retirement benefits, workers’ compensation benefits, or any other benefits, pursuant to this MOU.
6.3 Neither Party shall have any authority, express or implied, to act on behalf of the other Party in any capacity whatsoever as an agent by virtue of this MOU.
Neither Party shall have authority, express or implied pursuant to this MOU to incur any debt, obligation, or liability on behalf of the other Party or to otherwise bind the other Party to any obligation whatsoever.
7. Indemnification. Each Party shall indemnify and hold the other Party harmless against all actions, claims, demands, and liabilities, and against all losses, damages, costs, expenses, and attorney’s fees, arising directly or indirectly out of an actual or alleged injury to a person or property in the same proportion that its own acts and/or omissions are attributed to said claims, demands, liabilities, losses, damages, costs, expenses, and/or attorney’s fees. This provision shall not extend to any claim, demand, liability, loss, damage, cost, expenses, and/or attorney’s fees covered by the insurance of any Party. The obligations under this Section shall survive the termination of the Agreement.
8. Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third- party beneficiary of any right or obligation assumed by the Parties.
9. No Assignment. Neither Party may assign its rights and obligations under this MOU except upon prior written approval of the other Party, which approval shall be solely in the discretion of the other Party.
31 4
10. Entirety of Agreement; Alteration. This MOU contains the entire agreement of Pioneer and Partner with respect to the subject matter hereof, and no other agreement, statement, or promise made by any party, or to any employee, officer or agent of any party, which is not contained in this MOU, shall be binding or valid. No waiver, alteration, modification, or termination of this MOU shall be valid unless made in writing and signed by all parties.
11. Conflicts of Interest.
11.1 Partner represents that it has no known relationships with third parties, Pioneer Board members, or employees of Pioneer which would (1) present a conflict of interest with the rendering of services under this MOU under California Government Code section 1090, the Political Reform Act (Government Code section 81000 et seq.), or other applicable law, (2) prevent Partner from performing the terms of this MOU, or (3) present a significant opportunity for the disclosure of confidential information. Partner certifies that no official or employee of Pioneer, nor any business entity in which an official of Pioneer has an interest, has been employed or retained to solicit or aid in the procuring of this MOU. In addition, Partner agrees that no such person will be employed in the performance of this MOU without immediately notifying Pioneer.
11.2 Pioneer represents that it has no known relationships with third parties, members of Partner’s governing body, or employees of Partner which would (1) present a conflict of interest with the rendering of services under this MOU under California Government Code section 1090, the Political Reform Act (Government Code section 81000 et seq.), or other applicable law, (2) prevent Pioneer from performing the terms of this MOU, or (3) present a significant opportunity for the disclosure of confidential information. Pioneer certifies that no official or employee of Partner, nor any business entity in which an official of Partner has an interest, has been employed or retained to solicit or aid in the procuring of this MOU. In addition, Pioneer agrees that no such person will be employed in the performance of this MOU without immediately notifying Partner.
12. Governing Law. This MOU is executed and intended to be performed in the State of California, and the laws of California shall govern its interpretation and effect. Any legal proceedings on this MOU shall be brought under the jurisdiction of the Superior Court of County of Placer, State of California, and Partner hereby expressly waives those provisions in California Code of Civil Procedure section 394 that may have allowed it to transfer venue to another jurisdiction.
13. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this MOU, each party shall pay its own costs, including any accountants’ and attorneys’ fees expended in the action. 32 5
14. Notifications. Any notice or demand desired or required to be given hereunder shall be in writing and deemed given when personally delivered or deposited in the mail, postage prepaid, and addressed to the parties as follows:
PIONEER COMMUNITY ENERGY: PARTNER:
Pioneer Community Energy
Attn: Eric Acedo
2510 Warren Drive Suite B
Rocklin, CA 95677
[email protected]
The City of Rocklin
Office of the City Manager
3970 Rocklin Road
Rocklin, CA 95677
[email protected]
Phone: (916) 758-8943 Phone: (916) 625-5563
Any notice so delivered personally shall be deemed to be received on the date of delivery, and any notice mailed shall be deemed to be received five (5) days after the date on which it was mailed.
15. Severability. Should any part, term or provision of this MOU be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions of provisions shall not be affected thereby.
16. No Presumption Against Drafter. Each Party had an opportunity to consult with an attorney in reviewing and drafting this MOU. Any uncertainty or ambiguity shall not be construed for or against any Party based on attribution of drafting.
17. Counterparts; Electronic Signatures. This MOU may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The Parties acknowledge and agree that this MOU may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
Signatures follow on next page
33 6
Executed as follows:
“PIONEER”
Pioneer Community Energy
By:________________________________
Donald Eckert, Chief Executive Officer
Date:______________________
“PARTNER”
City of Rocklin
By:________________________________
Jill Gayaldo, Mayor
Date:______________________
Attest:
By:________________________________
Teresa Willock, Board Clerk
Date:______________________
Attest:
By:________________________________
Avinta Singh, City Clerk
Date:______________________
Approved as to form:
By:________________________________
David J. Ruderman, General Counsel
Date:______________________
Approved as to form:
By:________________________________
Matthew McOmber, City Attorney
Date:______________________
34 397717.3
Exhibit A
Consultant Service Agreement Between FuSE and Pioneer
35 Administering Agency: Pioneer Community Energy
Contract No.
Contract Description:
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made at Rocklin, California, as of April 29, 2025 (the "Effective Date"), by and between Pioneer Community Energy, ('"' Pioneer ""), and Energy Mission Control dba FuSE Carbon Technologies ("Consultant "), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement , Consultant shall provide the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. Pioneer shall have the right to request, in writing , changes in the scope of services . Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation , shall be incorporated by written amendment to this Agreement. Consultant shall not be reimbursed for any expenses incurred for work performed outside the scope of services in Exhibit A unless prior written approval is given by Pioneer through a fully executed written amendment.
2. Payment. Pioneer shall pay Consultant for services rendered pursuant to this Agreement at the time and in the amount set forth in Exhibit B. The payment specified in Exhibit B shall be the only payment made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to Pioneer in the manner specified therein, or, if no manner be specified, then according to the usual and customary procedures which Consultant uses for billing clients similar to Pioneer. Pioneer shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding , and paying all taxes. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until Pioneer is satisfied that the services are satisfactory.
3. Facilities, Equipment and Other Materials, and Obligations of Pioneer. Unless otherwise specified in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities , equipment, and other materials which may be required for furnishing services pursuant to this Agreement.
4. Consultant's Representations. Consultant represents that it is fully qualified to perform the services described in Exhibit A by virtue of its experience and the training, education and expertise of its principals and employees . Consultant fu11her represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions in this Agreement. Consultant shall perform in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Consultant 's work by Pioneer shall not operate as a waiver or release.
Consultant shall indemnify and hold harmless Pioneer, its officers , agents, employees and volunteers from and against any and all claims or expenses caused or occasioned directly or indirectly by Consultant ' s failure to so perform.
5. Exhibits. All exhibits referred to herein will be attached hereto and by this reference incorporated herein. In the event of any material discrepancy between the provisions of this Agreement and its exhibits , the provisions of this Agreement shall prevail.
Approved for use: 1 /l /2025
369617.2
- 1 -
36 6. Time for Performance. Time is of the essence. Failure of Consultant to perform any services within the time limits set forth in Exhibit A shall constitute material breach of this contract.
7. 'Licenses, Permits, Etc. Consultant represents and warrants to Pioneer that it has all licenses , perm its, qualifications , and approvals of whatsoever nature , which are legally required for Consultant to practice its profession . Consultant represents and warrants to Pioneer that Consultant 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 which are legally required for Consultant to practice its profession at the time the services are performed .
8. Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for the satisfactory performance of Consultant ' s obligations pursuant to this Agreement. Neither party shall be considered in default of this Agreement to the extent perfonnance is prevented or delayed by any cause, present or future , which is beyond the reasonable control of the party .
9. Hold Harmless and Indemnification Agreement. At all times during the performance of this agreement, Consultant agrees to protect, defend, and indemnify Pioneer in accordance with the provisions contained in Exhibit D.
I 0. Insurance. Consultant shall file with Pioneer concurrently herewith a Certificate of Insurance, in companies acceptable to Pioneer, with a Best' s Rating ofno less than A-:VII, for the coverage shown in Exhibit D. All costs of complying with these insurance requirements shall be included in Consultant 's fee(s). These costs shall not be a "reimbursable" expense under any circumstances .
I I . Relationship of Parties.
A. Consultant is, and shall at all times remain as to Pioneer, a wholly independent contractor.
Pioneer shall have the right to control Consultant only insofar as the results of Consultant ' s services rendered pursuant to this Agreement. Pioneer shall not have the right to control the means by which Consu ltant accomplishes services rendered pursuant to this Agreement.
B. Except as Pioneer may specify in writing , Consultant shall have no authority , express or implied, to act on behalf of Pioneer in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied pursuant to this Agreement to incur any debt, obligation , or liability on behalf of Pioneer or to otherwise bind Pioneer to any obligation whatsoever.
Consultant, its officers , employees and agents shall not represent to any person or party that it or they are acting as agents of Pioneer or that it or they have the power to bind or commit Pioneer.
C. Neither Pioneer nor any of its agents shall have control over the conduct of Consultant or any of Consu ltant's employees , except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of Pioneer.
12. Assignment Prohibited. Consultant may assign its rights and obligations under this Agreement only upon the prior written approval of Pioneer , said approval to be in the sole discretion of Pioneer. Except as otherwise provided herein , Consultant shall not subcontract any services to be performed without amending this Agreement. Consultant shall be responsible to Pioneer for all services to be performed under this Agreement.
13. Personnel.
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37 A. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that Pioneer, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform services pursuant to this Agreement, including those members of the Project Team as explained below, Consultant shall remove any such person immediately upon receiving notice from Pioneer of the desire of Pioneer for removal of such person or persons.
B. Notwithstanding the foregoing, if specific persons are designated as the "Project Team" in Exhibit A, Consultant agrees to perform the work under this Agreement with those individuals identified. Reassignment or substitution of individuals or subcontractors named in the Project Team by Consultant without the prior written consent of Pioneer shall be grounds for termination of the Agreement by Pioneer, and payment shall be made pursuant to Section 17 (Termination) of this Agreement only for that work performed by Project Team members.
C. Pioneer shall pay Consultant for work performed by its subconsultants , if any, only as set forth in Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation , and federal and state taxes to all subconsultants performing services under this Agreement. Pioneer shall not be liable for any payment , compensation, or federal and state taxes for any subconsultants.
14. Notification of Organizational Changes. Consultant shall notify Pioneer , in writing, of any change in name, ownership or control of Consultant's firm or of any subconsultant. Change of ownership or control of Consultant's firm may require an amendment to this Agreement.
15. Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. All products of whatsoever nature which Consultant delivers to Pioneer pursuant to this Agreement shall be prepared in a substantial first class and workmanlike manner and conform to the standards or quality normally observed by a person practicing in Consultant's profession. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements , the conflict-of-interest provisions of California Government Code section 1090, and the Political Reform Act (Government Code§ 81000 et seq.).
16. Prevailing Wages. Consultant is aware of the requirements of California Labor Code section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects including, but not limited to, the design and preconstruction phases of a covered public works project. This Agreement is subject to the Prevailing Wage Laws for all work performed under this Agreement for which the payment of prevailing wages is required under state law. In particular , Consultant acknowledges that prevailing wage determinations are available for work performed under this Agreement. Consultant shall defend , indemnify, and hold Pioneer, its elected officials, officers , employees , and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
17. Termination.
A. Pioneer shall have the right to terminate this Agreement at any time by giving notice in writing of such termination to Consultant. In the event Pioneer shall give notice of termination , Consultant shall immediately cease rendering service upon receipt of such written notice, pursuant to this Agreement. In the event Pioneer shall terminate this Agreement:
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369617.2
38 1) Consultant shall deliver copies of all writings prepared by it pursuant to this Agreement. The term "writings" shall be construed to mean and include : handwriting , typewriting, printing, Photostatting , photographing, digita l original and copies , and every other means of recording upon any tangible thing any fo1m of communication or representation, including letters , words, pictures , sounds , or symbols , or combinations thereof.
2) Pioneer shall have full ownership and control of all such wntm gs delivered by Consultant pursuant to this Agreement.
3) Pioneer shall pay Consultant the reasonable value of services rendered by Consultant to the date of termination pursuant to this Agreement not to exceed the amount documented by Consultant and approved by Pioneer as work accomplished to date; provided , however , that in no event shall any payment hereunder exceed the amount of the Agreement specified in Exhibit B, and further provided , however , Pioneer shall not in any manner be liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Agreement. In this regard , Consultant shall furnish to Pioneer such financial information as in the judgment of Pioneer is necessary to determine the reasonable value of the services rendered by Consultant. Pioneer shall have the benefit of such work as may have been completed up to the time of such termination . The foregoing is cumulative and does not affect any right or remedy, which Pioneer may have in law or equity. 4) Notwithstanding the foregoing, should Consultant fail to perform any of its obligations hereunder within the time and in the manner provided or otherwise violate any of the terms of this Agreement , Consultant shall be compensated as above, provided there shall be deducted from such amount the amount of damage if any, sustained by Pioneer by virtue of Consultant ' s breach of this Agreement.
B. Consultant may terminate its services under this Agreement upon thirty (30) working days ' advance written notice to Pioneer. In the event of such termination , Consultant shall deliver copies of all writings to Pioneer and shall be entitled to compensation as set forth above.
Pioneer shall have the benefit of such work as may have been completed up to the time of such termination
18. Contract Term. This Agreement shall remain in place until the Scope of Services described in Exhibit A is completed, or until terminated pursuant to Section 17 of this Agreement.
19. Non-Discrimination. Consultant shall not discriminate against any emplo yee or applicant for employment because ofrace , sex (including pregnancy, childbirth , or related medical condition) , creed , national origin, color, disability as defined by law, disabled veteran status , Vietnam veteran status , religion , age (40 and above) , medical condition (cancer-related) , marital status , ancestry , sexual orientation, or any other unlawful basis. Employment actions to which this provision applies shall include, but not be limited to, the following: employment , upgrading , demotion , or transfer ; recruitment or recruitment advertising ; layoff or termination ; rates of pay or other forms of compensation; or in terms , conditions or privileges of employment , and selection for training.
Consultant agrees to post in conspicuous places , available to employees and applicants for employment , the provisions of this nondiscrimination clause.
20. Records . Consultant shall maintain , at all times , complete detailed records with regard to work performed under this Agreement in a form acceptable to Pioneer for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this A pp roved for use: I/ I /2025
3696 17.2
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39 Agreement , and Pioneer shall have the right to inspect such records at any reasonable time.
Notwithstanding any other terms of this agreement, no payments shall be made to Consultant until Pioneer is satisfied that work of such value has been rendered pursuant to this agreement. However, Pioneer shall not unreasonably withhold payment and, if a dispute exists, the withheld payment shall be proportional only to the item in dispute. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars , all such documents and this Agreement shall be subject to the examination and audit of the State Auditor , at the request of Pioneer or as part of any audit of Pioneer , for a period of three (3) years after final payment under this Agreement.
21. Ownership oflnformation. All professional and technical information developed under this Agreement and all work sheets, reports, and related data shall become the property of Pioneer , and Consultant agrees to deliver reproducible copies of such documents to Pioneer on completion of the services hereunder. No such written products shall be the subject of a copyright application by Consultant.
22. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by Pioneer or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. One or more waivers by one party of any major or minor breach or default of any provision, term, condition , or covenant of this Agreement shall not operate as a waiver of any subsequent breach or default by the other party.
23. Conflict oflnterest. Consultant represents that it has no known relationships with third parties, Pioneer Board members , or employees of Pioneer which would (I) present a conflict of interest with the rendering of services under this Agreement under California Government Code section I 090, the Political Reform Act (Government Code section 81000 et seq.) , or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information. Consultant certifies that no official or employee of Pioneer , nor any business entity in which an official of Pioneer has an interest, has been employed or retained to solicit or aid in the procuring of this Agreement. In addition , Consultant agrees that no such person will be employed in the performance of this Agreement without immediately notifying Pioneer.
24. Campaign Contributions. This Agreement is subject to Government Code section 84308, as amended by Senate Bill 1439 (2022), Senate Bill 1181 (2024), and Senate Bill 1243 (2024).
Consultant shall disclose any contribution to an elected or appointed Pioneer official's campaign or committee in an amount of more than five hundred dollars ($500) made within 12 months preceding the Commencement Date, by Consultant, its, her, or his agent, or another party affiliated with Consultant. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form, Exhibit E, to Pioneer prior to, or concurrent with , Consultant's execution of this Agreement and no later than the Commencement Date.
25. Entirety of Agreement. This Agreement contains the entire agreement of Pioneer and Consultant with respect to the subject matter hereof, and no other agreement, statement , or promise made by any party, or to any employee , officer or agent of any party, which is not contained in this Agreement , shall be binding or valid.
26. Use by Member Agencies. Consultant acknowledges and agrees that Pioneer Community Energy ' s member agencies may procure services under this Agreement under the same terms and conditions set forth herein . Each member agency shall be considered a separate entity with regard to its obligations and the obligations of Consultant to that member agency. Consultant shall extend services to such agencies upon written request of the member agency. Upon such written request , member agencies shall be considered "Partners" under Exhibits A and B. Consultant further - 5 -
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3696 I 7.2
40 acknowledges and agrees that this section shall apply to agencies that become Pioneer member agencies after the execution of this Agreement.
27. Alteration. No waiver, alteration , modification, or termination of this Agreement shall be valid unless made in writing and signed by all parties, except as expressly provided in Section l 9, Termination.
28. Governing Law & Venue. This Agreement is executed and intended to be performed in the State of California , and the laws of that State shall govern its interpretation and effect. Any legal proceedings on this Agreement shall be brought under the jurisdiction of the Superior Court of County of Placer , State of California , and Consultant hereby expressly waives those provisions in California Code of Civil Procedure §394 that may have allowed it to transfer venue to another jurisdiction.
29. Attorneys' Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement , each party shall pay its own costs, including any accountants ' and attorneys ' fees expended in the action .
30. Notification. Any notice or demand desired or required to be given hereunder shall be in writing and deemed given when personally delivered or deposited in the mail, postage prepaid, and addressed to the parties as follows:
31. 32.
PIONEER COMMUNITY ENERGY:
Pioneer Community Energy
Attn: Eric Acedo
2510 Warren Drive Suite B
Rocklin, CA 95677
Finance @pioneercommunityenergy.org
Phone: (916) 758-8943
CONSULTANT:
FuSE Carbon Technologies
Attn: Miguel Delgadillo
80 l K Street, Suite 2700
Sacramento , CA 95814
[email protected]
Phone: (916) 695-5868
Any notice so delivered personally shall be deemed to be received on the date of delivery , and any notice mailed shall be deemed to be received five (5) days after the date on which it was mailed.
Multiple Phase Proiects. Pursuant to Government Code section 1097.6, Consultant's duties and services under this Agreement shall not include preparing or assisting Pioneer with any portion of the Pioneer's preparation of a request for proposals , request for qualifications , or any other solicitation regarding a subsequent or additional contract with Pioneer. Pioneer shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant's participation in the planning , discussions , or drawing of project plans or specifications , if any, shall be limited to conceptual , preliminary , or initial plans or specifications.
Consultant shall cooperate with the Pioneer to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary , or initial plans or specifications prepared by Consultant , if any, pursuant to this Agreement.
Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute , or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity , by statute , or otherwise. The exercise , the commencement of the exercise , or the forbearance from the exercise by any party of any one or more of such rights , powers or remedies shall not - 6 -
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3696 17.2
41 33.
34. 35.
36. 37.
preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
Confidentiality . All data, documents , discussion , or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by Pioneer. Pioneer shall grant such consent if disclosure is legally required. All Pioneer data shall be returned to Pioneer upon the termination or expiration of this Agreement.
Successors & Third-Party Beneficiaries . This Agreement shall be binding on the successors and assigns of the parties . Except as expressly stated herein , there is no intended third-party beneficiary of any right or obligation assumed by the parties.
Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall , to any extent , be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability , and shall be enforceable in its amended form. ln such event , the remainder of this Agreement , or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable , shall not be affected , and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting.
Counterparts; Electronic Signatures . This Agreement may be signed in one or more counterparts , each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature , which shall be considered as an original signature for all purposes and shall have the same force and effect as an origina l signature. Without limitation, "electronic signature " shall include faxed or emailed versions of an original signature , electronically scanned and transmitted versions ( e.g., via pdt) of an original signature , or a digital signature. - 7 -
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42 Executed as of the day first above stated:
PIONEER COMMUNITY ENERGY
By: E-SIGNED by Donald Eckert
on 2025-04-29 15:45 06 PDT
Printed Name/Title: Donald Eckert/ Chief Executive Officer Approved as to Form - General Counsel:
By: E-SIGNED by David Ruderman
on 2025-04-29 14:35 37 PDT
Printed Name/Title: David Ruderman / General Counsel
FuSE Carbon Technologies
By:
E-SIGNED by Todd Trauman
on 2025-04-28 16:16:45 PDT
Name: Todd Trauman
Title:
By:*
CEO
E-SIGNED by Timothy Krebs
on 2025-04-28 16:39:41 PDT
Name: Timothy Krebs
Title: CFO
*If Consultant is a cmporation, this agreement must be signed by two corporate officers: (/) the chairperson, president, or any vice president ; and (2) the secretary, any assistant secretary, the chieffinancial officer, or any assistant treasurer. (Civ. Code§ 313.), unless an authenticated corporate resolution is attached delegating authority to a single officer or other officers to bind the corporation.
Exhibits
A. Scope of Services
B. Payment for Services Rendered
C. Facilities, Equipment and Other Obligations of Pioneer D. Hold Harmless Agreement and Insurance Requirements
E. Campaign Contribution Disclosure Form
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369617.3
43 EXHIBIT A
SCOPE OF SERVICES
All services listed below are provided for the single fee percentage outlined in Exhibit B. - Payment for Services Rendered,
In addition to FuSE services , Partners will have access to view and edit their facilities and equipment information, as well as their reported energy consumpt ion and incentive history, through their dedicated customer portal within the FuSE Platform .
1. Scope of Services
FuSE shall be responsible for overseeing the development , management , and administration of the Low Carbon Fuel Standard (LCFS) program, including but not limited to the following :
2. LCFS Credit Management
2.1. FuSE shall develop and implement standard operating procedures and reporting templates for LCFS credits generated by the program.
2.2. FuSE shall register all sales information in the CARB-LRT-CBTS system in compliance with California Air Resources Board (CARB) regulations.
3. Compliance and Reporting
3.1. FuSE shall prepare and submit Fast Charging Infrastructure (FCI) applications for eligible direct current fast charging (DCFC) network locations.
3.2. FuSE shall identify and document all available credit generation opportunities by conducting a comprehensive review of fleet assets , including but not limited to:
a) DCFC and Level 2 charging infrastructure for on-road assets (Class 1-8); b) Electric material handling equipment; and
c) Any other relevant assets as applicable.
3.3. FuSE shall identify and report any data deficiencies or irregularities that must be addressed to maintain LCFS compliance .
4. Renewable Energy Credit (REC) Retirement
4.1. FuSE shall provide CARB with all necessary REC retirement documentation to secure LCFS credits on an ongoing basis, including:
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44 a) Obtaining WREGIS REC retirement documentation on a quarterly basis; and b) Submitting WREGlS REC retirement documentation to the LRT-CBTS per CARB's quarterly reporting schedule.
5. Regulatory Engagement and Compliance
5.1. FuSE shall monitor all relevant developments in the LCFS program, regulatory updates, and emerging opportunities and shall provide timely updates.
5.2. FuSE shall attend all CARE workshops and rulemaking meetings and formally report on any influential regulatory proposals affecting LCFS.
5.3. FuSE shall coordinate and manage all audits conducted by CARE for LCFS compliance.
5.4. FuSE shall ensure adherence to all market rules and compliance obligations promulgated under Assembly Bill 32 or any subsequent legislation.
6. Financial Management and Transparency
6.1. FuSE shall provide quarterly cumulative accounting of LCFS credit balances.
6.2. FuSE shall manage the sale of LCFS credits and handle all necessary interactions with the California LCFS marketplace.
6.3. FuSE shall ensure full transparency regarding credit generation and sales data.
6.4. FuSE shall transfer credit sales revenue , minus commission, on a quarterly basis.
7. Third-Party Verification Management
7.1. FuSE shall manage all third-party verification requirements if mandated by CARE, ensuring compliance with applicable regulations and maintaining the integrity of the LCFS crediting process.
8. Infrastructure and Data Management
8.1. FuSE shall maintain an auditable "paper trail" and submit to audits as required.
8.2. FuSE shall ensure that all deadlines related to LCFS compliance and credit reporting are met.
to Consultant Services Agreement
369617.3
45 EXHIBIT B
PAYMENT FOR SERVICES RENDERED
Fee Structure
FuSE will retain a commission equal to ten percent ( I 0%) of all Credits generated by Partner, or from Partner-related products or facilities, as a result of Services performed by or on behalf of FuSE during the term of this Agreement.
Credits refer to the units of measure used for determining a regulated entity's compliance with the average carbon intensity requirements in the following programs :
• California Code of Regulations Title 17 Sections 95486 Credits are denominated in metric tons of carbon dioxide equivalent (CO2e) and are calculated per the regulatory frameworks above .
FuSE agrees to revenue share fifty percent (50%) of the I 0% commission with Pioneer Community Energy for any Credits generated by its member agencies as a result of Services performed by or on behalf of FuSE.
FuSE may cover and recoup any registration fees charged by government agencies for participation in the aforementioned programs.
EXHIBIT C
FACILITIES, EQUIPMENT, AND OTHER
MATERIALS, AND OBLIGATIONS OF PIONEER
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to Consultant Services Agreement
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NOT APPLICABLE
46 1.
EXHIBITD
HOLD HARMLESS AGREEMENT
AND INSURANCE REQUIREMENTS
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
A. To the fullest extent pennitted by law, CONSUL TANT hereby agrees to protect, defend, indemnify, and hold PIONEER free and hannles~ ftom a11y a11<l all losses, dauns , liens, demands, and causes of action of every kind and character including, but not limited to, the amounts of judgments , penalties, interest, court costs, legal fees, reasonable attorneys ' fees for counsel of Pioneer's choice, expert fees, and all other expenses incurred by PlONEER arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to any real or personal property (including employees or property of PIONEER) and without limitation by enumeration , all other claims or demands of every character occurring or in any way incident to, in connection with or arising directly or indirectly out of, the Agreement , CONSULTANT's performance under this Agreement , or CONSULTANT'S failure to comply with any provision in this Agreement. CONSULTANT agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demand, or suit at the sole expense of the CONSULTANT. CONSULTANT also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless , false, or fraudulent. This provision is not intended to create any cause of action in favor of any third party against CONSUL TANT or PIONEER or to enlarge in any way the CONSUL TANT's liability but is intended solely to provide for indemnification of PIONEER from liability for damages or injuries to third persons or property arising from CONSULT ANT's performance pursuant to this Agreement. PIONEER's right to indemnity under this Agreement shall arise immediately upon the occurrence of the event giving rise to the indemnified liability.
PIONEER shall be entitled to a defense under this Agreement immediately upon the institution of a claim or action that is covered by this indemnity, even though liability for said claim or action has not yet been determined at the time the duty to defend the PlONEER hereunder has arisen. CONSULTANT shall not be entitled to any refund of attorneys ' fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent. CONSUL TANT shall not be required to indemnify PIONEER for such loss or damage as is caused by the active negligence, sole negligence , or willful misconduct of PIONEER.
B. As used in this section, the term PIONEER means Pioneer or its officers, agents, employees, and volunteers.The term CONSUL TANT means Consultant , its officers , employees , servants , agents , or subconsultants , or anyone directly or indirectly employed by either Consultant or its subconsultants , in the performance of this Agreement.
C. The obligations of CONSULTANT set forth herein are not limited by the provisions of any workers' compensation or similar statute. CONSULT ANT expressly waives its statutory immunity under such statutes or laws as to PIONEER.
D. PIONEER does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. CONSUL TANT's indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim , demand , damage, liability, loss, cost or expense.
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3696173
47 E. PIONEER may request a deposit for defense costs from CONSULTANT with respect to a claim. If PIONEER requests a defense deposit, CONSUL TANT shall provide it within 15 days of the request.
F. CONSUL TANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here from each and every subconsultant or any other person or entity involved in the performance of this Agreement on CONSUL TANT's behalf.
2. INSURANCE:
CONSUL TANT shall file with PIONEER concwTently herewith a Certificate of Insurance, in companies acceptable to PIONEER , with a Best's Rating of no less than A-:VII showing, and complete , certified copies of all required insurance policies, including endorsements affecting the coverage for all policies required by this Agreement. CONSULT ANT shall require all of its subcontractors, subconsultants, and other agents to do the same. Approval of the insurance by PIONEER shall not relieve or decrease any liability of CONSULTANT.
3. WORKER'S COMPENSATION AND EMPLOYERS LIABILITY INSURANCE:
Worker 's Compensation Insurance shall be provided as required by any applicable law or regulation.
Employer 's liability insurance shall be provided in amounts not less than one million dollars ($1,000,000) each accident for bodily injury by accident , one million dollars ($1,000,000) policy limit for bodily injury by disease, and one million dollars ($1,000,000) each employee for bodily injury by disease.
Ifthere is an exposure of injury to CONSUL TANT's employees under the U.S. Longshoremen's and Harbor Worker's Compensation Act, the Jones Act, or under laws, regulations , or statutes applicable to maritime employees , coverage shall be included for such injuries or claims.
Each Worker' s Compensation policy shall be endorsed with the following specific language:
• Cancellation Notice - "This policy shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to Pioneer Community Energy".
• Waiver of Subrogation - The workers' compensation policy shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against Pioneer , its officers , directors , officials , employees, agents or volunteers, which might arise by reason of payment under such policy in connection with performance under this agreement by the CONSULTANT.
• CONSUL TANT shall require all SUBCONTRACTORS to maintain adequate Workers ' Compensation insurance. Certificates of Workers ' Compensation shall be filed forthwith with Pioneer upon demand.
4. GENERAL LIABILITY INSURANCE:
A. Comprehensive General Liability or Commercial General Liability insurance covering all operations by or on behalf of CONSULT ANT, providing insurance for bodily injury liability and property damage liability for the limits ofliability indicated below and including coverage for:
to Consultant Services Agreement
369617.3
48 (1) Contractual liability insuring the obligations assumed by CONSULTANT in this Agreement.
B. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 O I.
Coverage must be on a standard Occurrence form. One of the following forms is required:
( 1) Comprehensive General Liability; or
(2) Commercial General Liability (Occurrence).
C. If CONSUL TANT carries a Comprehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, prope11y damage, and Personal Injury Liability of:
➔ Two million dollars ($2,000,000) each occurrence
➔ Four million dollars ($4,000,000) aggregate
D. If CONSULT ANT carries a Commercial General Liability (Occurrence) policy:
(I) The limits of liability shall not be less than:
➔Two million dollars ($2,000,000) each occurrence (combined single limit for bodily injury and propet1y damage)
➔ Two million dollars ($2,000,000) for Products-Completed Operations ➔Four million dollars ($4,000,000) General Aggregate
(2) If the policy does not have an endorsement providing that the General Aggregate Limit applies separately, or if defense costs are included in the aggregate limits, then the required aggregate limits shall be two million dollars ($2,000,000) .
E. Special Claims Made Policy Form Provisions:
Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the Effective Date of the Agreement or the beginning of work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 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, CONSULTANT must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work Conformity of Coverages - If more than one policy is used to meet the required coverages, such as a separate umbrella policy, such policies shall be consistent with all other applicab le policies used to meet these minimum requirements. ln no cases shall the types of polices be different.
5. ENDORSEMENTS:
Each policy required herein, other than Professional Errors and Omissions and Worker's Compensation , shall be endorsed with the following specific language:
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3696 17.3
49 A. "Pioneer Community Energy, its officers, agents, employees , and volunteers are to be covered as insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement."
B. "The insurance provided by the Consultant, including any excess liability or umbrella form coverage, is primary coverage to Pioneer Community Energy with respect to any insurance or self-insurance programs maintained by Pioneer Community Energy and no insurance held or owned by Pioneer Community Energy shall be called upon to contribute to a loss." C. "This policy shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to Pioneer Community Energy."
All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf.
6. AUTOMOBILE LIABILITY INSURANCE:
Automobile Liability insurance covering bodily injury and property damage in an amount no less than two million dollars ($2,000,000) combined single limit for each occurrence.
Covered vehicles shall include owned, non-owned, and hired automobiles/trucks using ISO Business Auto Coverage form CA 00 01 (or equivalent).
7. PROFESSIONAL LIABILITY INSURANCE:
Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000 per occurrence and $2,000,000 aggregate.
The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims Made basis, the retroactive date shall be no later than the Effective Date of the Agreement or commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy ; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement. In the event CONSUL TANT's policy is a "claims made" policy only covering those claims made during the policy period, then CONSUL TANT agrees to maintain the professional liability insurance required hereunder and with respect to this project in effect for at least three (3) years after acceptance of the work.
8. PRJV ACY AND CYBERSECURITY LIABILITY INSURANCE:
Privacy and cybersecurity liability (including costs arising from data destruction , hacking or intentional breaches, crisis management activity related to data breaches, and legal claims for security breach, privacy violations, and notification costs of at least $5,000,000 US per occurrence.
9. ADDITIONAL REQUIREMENTS :
Premium Payments - The insurance companies shall have no recourse against PIONEER and funding agencies, its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.
to Consultant Services Agreement
3696 17.3
50 Policy Deductibles - The CONSUL TANT shall be responsible for all deductibles in all of the CONSULTANT's insurance policies. The maximum amount of allowab le deductible for insurance coverage required herein shall be $25,000 .
CONSULTANT's Obligations - CONSULTANT's indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.
Verification of Coverage - CONSULTANT shall furnish Pioneer with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by Pioneer before work commences . However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT's obligation to provide them. Pioneer reserves the right to require complete , certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Material Breach - Failure of the CONSUL TANT to maintain the insurance required by this agreement , or to comply with any of the requirements of this section , shall constitute a material breach of the entire Agreement. In the event any policy is canceled prior to the completion of the Agreement and CONSUL TANT does not furnish a new certificate of insurance prior to cancellation , PIONEER has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due CONSULTANT under this Agreement.
Subrogat ion - CONSULTANT hereby waives all rights of subrogation against PIONEER.
CONSUL TANT shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.
Report of Claims - CONSUL TANT shall report to PIONEER , in addition to CONSUL TANT's insurer , any and all insurance claims submitted to CONSUL TANT's insurer in connection with the services under this Agreement.
Premium Payments and Deductibles - CONSULT ANT must disclose all deductibles and self insured retention amounts to PIONEER. PIONEER may require Consultant to provide proof of ability to pay losses and related investigations, claim administration , and defense expenses within retention amounts. Ultimately , PIONEER must approve all such amounts prior to execution of this Agreement.
PIONEER has no obligation to pay any premiums , assessments, or deductibles under any policy required in this Agreement. CONSUL TANT shall be responsible for all premiums and deductibles in all of CONSUL TANT's insurance policies . The amount of deductibles for insurance coverage required herein are subject to PIONEER's approval.
Duty to Defend and Indemnify - CONSULTANT's duties to defend and indemnify PIONEER under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration or termination of this Agreement.
to Consu ltant Services Agreement
3696173
51 EXHIBIT E
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
Local governments are subject to the campaign disclosure provisions detailed in Government Code Section 84308.
Please carefully read the following information to
determine if the provisions apply to you. If you
determine that the provisions are applicable, the
Campaign Disclosure Fonn must be completed and
returned to Pioneer with your application.
No Pioneer Board m=ber or other Pioneer official shall
accept, solicit, or direct a campaign contribution of more than $500 from any party 1 financial interested
participant,2 or agent3 for 12 months after the Pioneer approves a contract. This prohibition commences when
an application is filed, or a proceeding is otherwise
initiated.
A party to a Pioneer proceeding shall disclose on the record of the proceeding any campaign contribution of more than $500 by a party or agent to any Pioneer m=ber or other
Pioneer official during the preceding 12 months. No party to or participant in a Pioneer proceeding, shall make a
contribution of more than $500 to a Pioneer Board member or other Pioneer official during a proceeding and for 12 months after the Pioneer approves a contract. No agent to a party or participant shall make a contribution in any amount to a Pioneer board member or other Pioneer official during the preceding 12 months following the date a final
decision is rendered by Pioneer.
A Pioneer Board member or other Pioneer official who
received a campaign contribution of more than $500 within the preceding 12 months from any party, or agent, to a
proceeding shall disclose that fact on the record of the proceeding, and shall abstain from participating in the proceeding. However, if he or she receives a contribution that otherwise would require disqualification, and returns the contribution within 30 days of making the decision, or
knowing about the contribution and the relevant proceeding, whichever comes last, , he or she may participate in the proceeding.
1 "Party" is defined as any person who files an
application for, or is the subject of, a proceeding.
2 "Participant" is defined as any person who actively supports or opposes a particular decision in a proceeding.
3 "Agent" is defined as a person who represents a party in connection with a proceeding. If an individual acting as an agent also is acting as an employee or member of
a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are agents. When a closed
Page I of Exhibit E lo Consultant Services Agreement
3696173
To determine whether you or your agent made a campaign
contribution of more than $500 to a Pioneer Board member or other Pioneer official within the preceding 12 month s, you must aggregate all such contribution s.
Names of current Pioneer Roar<l members an<l other Pioneer officials are available on Pioneer's website. If you have questions about Government Code Section 84308, FPPC regulations, or the Campaign Disclosure Form, please contact the Pioneer Clerk.
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Penn.it
□ Franchise
X Other Contract
□ Other Entitlement
Name and address of any party, participant, or agent, who has contributed more than $500 to any Pioneer Board
Member or other Pioneer official within the preceding 12 months:
1. 2.
3. (b) Date and amount of contribution:
Date _________ Amount$ ___ _
Date _________ Amount$ ___ _
(c) Name of Pioneer Board member or other Pioneer
official to whom contribution was made:
1. 2.
3. (d) X Check here If no contributions have been made to any Board member or other Pioneer official in the
preceding l 2 months.
(e) I certify that the above information is provided to the best of my knowledge.
Printed Name T o d d Traumnan
. ?;ddT~ Signature ______________ _
52 corporation is a party to a proceeding, the majority shareholder is subject to these provisions.
3696173
Date 4/29/2025 Phone 530-305- 7880
53 Gasoline Biofuels Electricity
Credits
Deficits
Standard Declines Each Year
Carbon Intensity (CI)
Higher
Lower Typical Low CI GridAverage Low CI
FuSE collectskWh datafrom clients
FuSE remitspayments toclients
FuSE receivescash from deficit generator
FuSE sells credits to deficit generator
Agenciesissue creditsto FuSE
FuSE submitsclient kWh datato agencies
This processrepeats every90 days.
Clean Fleet Revenue Program
WHAT IS THE CLEAN FLEET REVENUE PROGRAM?
Pioneer is partnering with FuSE to help member
agencies realize the benefits of California’s Low
Carbon Fuel Standard (LCFS) program and
advance zero-emission goals.
FuSE facilitates participation in the state’s LCFS
program for owners and operators of clean fleet
vehicles and equipment, working closely with
member agency staff to minimize administrative
burden and provide visibility into electric fleets.
WHAT ARE THE BENEFITS?
The Clean Fleet Revenue Program is easy! It allows Pioneer’s member agencies to generate revenue from sources that were previously not being utilized. Member agencies can sell the credits their EV chargers create and receive the earnings from the sale to offset other costs, such as electricity bills, or other EV initiatives.
Members incur no out-of-pocket costs. FuSE’s service fees are deducted when payments are remitted back to them every 90 days. Member agencies on Green100 receive more for their credits by powering their chargers with 100% renewable electricity.
HOW DOES IT WORK?
The LCFS program benchmarks are expressed
in terms of "carbon intensity" (CI) of gasoline
and diesel fuel and their respective
substitutes. Low carbon fuels below the
benchmark generate credits, while fuels
above the CI benchmark generate deficits.
Eligible equipment includes electric cargo
handling equipment as well as
on- and off-road battery electric equipment.
Read more to learn how easy it is
to get started!
Local governments face unique challenges, as California’s emission goal requires a 60% reduction in average carbon intensity by 2030. Through an innovative partnership, Pioneer members can benefit from emission reduction efforts by monetizing credits from their clean fleet efforts and carbon intensity score.
54 Program OnboardProcess
1 2
3 4
Getting started with the Clean Fleet Revenue Program
pioneercommunityenergy.org
Member agency staff provides FuSE the following information for each EV charger:
Street address of the charging stations
Charger manufacturer names
Charger serial numbers
Charger connector type
FuSE registers the EV chargers with the California Air Resources Board (CARB) as Fuel Supply Equipment (FSE) under the Low Carbon Fuel Standard (LCFS) program.
All facilities and assets will be viewable by member in FuSE portal. Incentive statements will also be accessible in the portal.
Member shares energy consumption data for each registered charger. FuSE submits the report to CARB.
To get started, contact Pioneer’s program manager,
Paige Garcia, who will get you in touch with FuSE:
Paige Garcia - Program Manager
(916) 758-8949
[email protected]
Data Collection
Registration with CARB
Data Uploaded to Client FuSE Portal
Energy Consumption Reporting
Latitude and longitude (must be six decimal
places & be unique per serial number unless
dual pedestal)
Expected EV charging type (Light- or heavy-
duty)
5 To maximize credit value, FuSE procures Renewable Energy Certificates (RECs) that align with the chargers’ energy usage, ensuring the electricity matches eligible renewable sources.
REC Procurement
6 FuSE compiles and submits all required documentation to CARB. Upon approval, LCFS credits are minted based on the verified energy usage and REC pairing.
Credit Submission & Minting
7 FuSE transacts the minted credits on Pioneer member’s behalf. Once the credits are sold, FuSE remits payment, completing the cycle.
Credit Monetization & Payment
55 City Council
Staff Report
Subject:
Response to 2024-25 Grand Jury Report: Conflict of Interest Code, Form 700, Ethics Training Compliance
Date:
August 26, 2025
Submitted By:
Elizabeth Sorg, Assistant to the City Manager
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 the Response to the 2024-25 Grand Jury Final Report on Behalf of the City of Rocklin.
Background:
On June 30, 2025, the Placer County Grand Jury issued its 2024-25 Final Report, including a report titled "Conflict of Interest Code, Form 700, Ethics Training Compliance." The report included eighteen findings (18) and six (6) recommendations. Pursuant to California Penal Code § 933.05, the Placer County Grand Jury requires a response from Mayor Jill Gayaldo to findings F8, F10, F17, F18 and recommendations R1, R2, R3, R5, and R6. Staff have prepared the required response (Attachment 2) to the Final Report (Attachment 3). The response is due by September 1, 2025.
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 C4.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - Response to Grand Jury Report
3. 2024-2025 Final Grand Jury Report - Conflict of Interest Code, Form 700, Ethics Training Compliance.pdf
56 Resolution No. 2025- August 26, 2025 Page 1 of 1
1 RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AUTHORIZING THE MAYOR TO EXECUTE THE RESPONSE
TO THE 2024-25 GRAND JURY FINAL REPORT
ON BEHALF OF THE CITY OF ROCKLIN
WHEREAS, on June 30, 2025, the Placer County Grand Jury issued a final report entitled “Conflict of Interest Code, Form 700, Ethics Training Compliance”; and
WHEREAS, the report included eighteen (18) findings and six (6) recommendations, based on the Grand Jury’s investigations, as required by law; and
WHEREAS, of the eighteen (18) findings and six (6) recommendations, the Rocklin City Council was directed to provide a response to findings F8, F10, F17, F18 and recommendations R1, R2, R3, R5, and R6 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 2024-25 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 202 4-25 Grand Jury Final Report on behalf of the City of Rocklin.
PASSED AND ADOPTED this 26th day of August, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_______________________________
ATTEST: Jill Gayaldo, Mayor
______________________________
Avinta Singh, City Clerk
57 C I T Y O F R O C K L I N , C I T Y M A N A G E R ’ S O F F I C E 3 9 7 0 R o c k l i n R o a d , R o c k l i n , C A 9 5 6 7 7 r o c k l i n . c a . u s | P. 9 1 6 . 6 2 5 . 5 0 0 0 | F. 9 1 6 . 6 2 5 . 5 0 9 5 | T T Y . 9 1 6 . 6 3 2 . 4 0 1 3
August 26, 2025
The Honorable Alan V. Pineschi
Presiding Judge
Superior Court County of Placer
P.O. Box 619072
Roseville, CA 95661
The Honorable Trisha Hirashima
Advising Grand Jury Judge
Superior Court County of Placer
P.O. Box 619072
Roseville, CA 95661
Bob Peterson
Foreperson
2024-2025 Placer County Grand Jury
11532 B Avenue
Auburn, CA 95603
RE: Response to 2024-2025 Grand Jury Final Report, Conflict of Interest Code, Form 700, Ethics Training Compliance
Dear Honorable Judge Pineschi, Honorable Trisha Hirashima, 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 2024-2025 Grand Jury Final Report:
Conflict of Interest Code, Form 700, Ethics Training Compliance
Report Title: Conflict of Interest Code, Form 700, Ethics Training Compliance Report Date: Released to the public on July 9, 2025
Response By: Mayor Jill Gayaldo on behalf of City of Rocklin City Council
FINDINGS
The 2024-2025 Grand Jury Final Report: Conflict of Interest Code, Form 700, Ethics Training Compliance contains four (4) findings to which the Grand Jury has requested a response.
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. 58 2
We agree with the findings numbered: F8.
We disagree, in whole or in part, with the findings numbered: F10, F17, and F18.
F8: Auburn, Colfax, Lincoln, Loomis, and Rocklin do not include Assembly Bill 1234 Ethics Training requirements in their conflict of interest codes.
Response to F8: 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 agree that the Conflict of Interest Code adopted October 22, 2024 via Resolution 2024-232 does not include Assembly Bill 1234 Ethics Trainings Requirements. The Conflict of Interest Code complies with applicable laws, rules, and regulations and is mandated by the Political Reform Act of 1974 which does not require the inclusion of Assembly Bill 1234 Ethics Trainings Requirements in the Conflict of Interest Code.
The City of Rocklin does require that designated employees, Commissioners, and City Council members complete AB 1234 training in per City Council Resolution 2024-232 adopted October 22, 2024.
F10: Auburn, Colfax, Lincoln, Loomis, and Rocklin do not include enforcement authority in their conflict of interest codes, leaving no defined consequences if a designated individual fails to timely file Form 700 or complete Assembly Bill 1234 Ethics Training.
Response to F10: 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. The Conflict of Interest Code Section 12. Violations describes the administrative, criminal, and civil sanctions that are provided under the Political Reform Act if designated employees violate the Conflict of Interest Code. Furthermore, the City’s adopted Code of Ethics, adopted September 11, 2007 via Resolution 2007-279 states that the Mayor and Chairs of Boards and Commissions have the responsibility to intervene when actions appear to be in violation of the Code of Ethics.
Additionally, the FPPC established rules and consequences for failure to timely file Form 700s.
F17: All local agencies’ recordkeeping was difficult to review and often failed to contain the necessary information.
Response to F17: 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 fully disagree with this finding. The City of Rocklin uses two systems to monitor Assembly Bill 1234 Ethics Training and Form 700 filings:
Vector Solutions and South Tech Hosting. The staff that administer these systems are familiar with their recordkeeping abilities and can pull reports with the information needed.
F18: A lack of enforcement authority within all local agencies led to failures to receive timely ethics training.
Response to F18: 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 fully disagree with this finding. The City has a sufficient online training system, Vector Solutions, that tracks when designated employees, Commissioners, and City Council Members are required to complete training. As of 59 3
writing this response, there are no designated individuals who are not compliant with their AB 1234 Ethics Training.
RECOMMENDATIONS
The 2024-2025 Grand Jury Final Report: Conflict of Interest Code, Form 700, Ethics Training Compliance contains five (5) recommendations to which the Grand Jury has requested a response. Pursuant to Penal Code § 933(c), we provide the following responses to those recommendations “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.
R1: Auburn, Colfax, Lincoln, Loomis, and Rocklin review, amend, and/or adopt their conflict of interest code to specify those positions who shall receive Assembly Bill 1234 Ethics Training pursuant to Government Code section 53234-53235.2 by October 1, 2025.
Response to R1: 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, recommendation R1 will not be implemented. The list of positions and designated officials who shall complete ethics training is the same list as the positions and designated officials who must complete Form 700 filings. This list has been approved by the City Council on October 22, 2024 via Resolution 2024-232, therefore the recommendation has already been implemented with past practice.
R2: Auburn, Colfax, Lincoln, Loomis, and Rocklin review, amend, and/or adopt their conflict of interest code to specify the city clerk is the responsible official to administer the Assembly Bill 1234 Ethics Training program and function as the recordkeeper for ethics trainings records by October 1, 2025.
Response to R2: 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, recommendation R2 will not be implemented. The Administrative Services Department is the responsible department to ensure that all City trainings are completed, including ethics training. Given that the City has a 100% completion rate for AB 1234 ethics trainings, the system currently in place is effective and we will not be implementing changes.
R3: Auburn, Colfax, Lincoln, Rocklin, and Roseville should specify in their conflict of interest code actionable enforcement authority against individuals who fail to timely file Form 700 and/or to timely receive Assembly Bill 1234 Ethics Training by October 1, 2025.
Response to R3: 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, recommendation R3 will not be implemented. Filing Form 700 and completing AB 1234 Ethics Training is a job requirement for certain positions. Through the City’s adopted Code of Ethics and the Personnel Rules, the City Manager is granted enough authority to enforce these requirements and pursue progressive discipline and other appropriate action for those that are out of compliance. For the designated elected and appointed officials, the City’s Code of Ethics provides the Mayor and Chairs of boards and commissions the authority to intervene when fellow officials appear to be in violation 60 4
of the Code of Ethics. Further revising of the Conflict of Interest Policy is duplicative of the enforcement mechanisms that are already in place.
R5: Auburn, Colfax, Lincoln, Loomis, and Rocklin should create and maintain a database of all individuals required to receive Assembly Bill 1234 Ethics Training by December 31, 2025. The Placer County Grand Jury recommends the database include: the name of each individual required to receive ethics training, the date of hire or the date the position was assumed which required ethics training, the deadline for receiving ethics training (one year/two years), the date ethics training was received, and whether ethics training was timely. The training records should be maintained for five years.
Response to R5: 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, recommendation R5 will not be implemented or has already been fully or partially implemented. The City already has software, Vector Solutions, that tracks the name of the individual to receive AB 1234 training, the date of hire, the deadline to complete training, the date the training was received, and whether the training was completed timely. The City is able to pull reports on AB 1234 Ethics Training to assess these items, and all designated staff and elected and appointed officials are current on their trainings. These records do not have an expiration and thus, are maintained for at least five years.
R6: Auburn, Colfax, Lincoln, Loomis, Rocklin, and Roseville should create a plan to increase oversight with a goal to achieve 100% timely Form 700 filings and ethics training, by November 1, 2025.
Response to R6: 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, recommendation R6 will not be implemented. The City’s systems that we use for tracking compliance with Form 700 filings and ethics trainings provide reports to the administrators with enough information to ensure that everyone is in compliance with the requirements. Emails are sent out to supervisors, managers, and department directors for employees who are not in compliance. The existing Code of Ethics and Personnel Rules provide adequate authority to the City Manager, Mayor, and Chairs of boards and commissions to enforce the Form 700 and ethics trainings requirements.
We again would like to thank the 2024-25 Placer County Grand Jury for its report and service to the City of Rocklin.
Sincerely,
Jill Gayaldo
Mayor
City of Rocklin
61 118
Conflict of Interest Code, Form 700, Ethics Training Compliance Are Cities in Placer County Compliant?
Photo Credit: San Diego State University website
62 Placer County Grand Jury 2024-2025 Final Report
119
Conflict of Interest Code, Form 700, Ethics Training Compliance Are Cities in Placer County Compliant? Glossary California Code of Regulations (CCR): Regulations adopted by state agencies pursuant to the Administrative Procedure Act. For purposes of this report, the state agency in question is the Fair Political Practices Commission. California Government Code (GC): The sections of the GC applicable to this report include powers and duties extended by the State of California to cities and other agencies requiring ethics training for certain public officials (GC §§ 53234 53235.2) and prohibition of conflicts of interest by certain public officials (GC §§ 87100 91014). 63 Placer County Grand Jury 2024-2025 Final Report
120
Conflict of Interest Code (COIC): GC section 87300 requires local agencies to adopt a COIC which serves to identify those positions within the agency involving interests, such as investments, interests in real property, and other sources of income. Designated Filer: An official designated in a local agency COIC to file Form 700. These include certain employees, consultants, and appointed officials not identified in GC section 87200. Ethics Training: GC sections 53234 53235.2 requires certain local officials receive ethics training for two hours every two years. This training is commonly referred to by its Assembly Bill, AB 1234. New hires, or those newly appointed to a position requiring ethics training, must receive training within one year. Fair Political Practices Commission (FPPC): Created by the California Political Reform Act to administer and enforce governmental ethics law, as well as inform and assist public officials, employees, and candidates to comply with its provisions. Form 700: employees and other individuals who perform work for the local agency and whose decisions may have a material effect on their financial interests. Form 700 filers are required to file their disclosures 30 days after assuming or leaving a position or office. In addition, there is an annual April 1st deadline for filing. State of California Political Reform Act of 1974: This Act (GC §§ 87100-91014) and its amendments deal with ethics in state and local government service. Certain elected and appointed officials and employees must disclose their personal financial interests which may be affected by their decisions. Statutory Filer: A local agency elected, or appointed official identified in GC section 87200 who is required to file Form 700. These include the mayor, city manager, city treasurer, chief administrative officer, city council members, public officials who manage public investments, and members of the planning commission. As of January 1, 2025, statutory filers must file Form 700 directly with the FPPC. Background There are three interrelated components which apply to this report. California Government Code (GC) section 87300 requires local agencies to enact a Conflict of Interest Code. Among other provisions, the COIC must designate local officials to file Form 700. Certain officials representing cities are now required by GC sections 87200 and 87500 to e-file their Form 700 directly with the Fair Political Practices Commission (FPPC). Further, GC sections 53235 and 53235.2 mandate local agencies require certain officials receive two hours of ethics training every two years and retain documentation evidencing compliance for a period of five years. 64 Placer County Grand Jury 2024-2025 Final Report
121
Auburn, Colfax, Lincoln, Rocklin and Roseville are cities. Loomis is an incorporated town. For purposes of compliance with Conflict of Interest Code/Form 700/Ethics Training, Loomis has the same responsibilities as a city and is treated as such. This This report does not include information from other agencies such as the County of Placer, Special Districts, Joint Powers Authorities, or Municipal Advisory Commissions, as it is limited solely to the six local agencies listed above. It also excludes filings submitted by candidates for public office, any analysis of the information contained within the financial disclosures, and any other types of training which local agencies may be required to provide, including but not limited to, harassment prevention, discrimination awareness, environmental compliance, or OSHA safety regulations. Methodology Placer County Grand Jury (PCGJ) interviewed at least one representative from each of the six agencies in order to access compliance with Conflict of Interest Code (COIC)/Form 700/Ethics Training. During the interviews, PCGJ requested copies of Form 700 filers, the date the filing was due, and the actual date filed for a period of five years. The person responsible for recordkeeping was also identified. The PCGJ also requested records from the previous five years of those who were required to receive ethics training, the date it was received, and whether the training was timely. Numerous websites were accessed which included the FPPC, city, town and various applicable California code section websites. Eleven interviews were conducted with the local agencies. Discussion This section of the report will begin with a brief discussion of the COIC requirements. The local agencies will be compared as a group because the State of California requirements for COIC apply to all local agencies. Following the COIC section, this report will address the efforts of each local agency to comply with state-mandated deadlines for Form 700 filings and ethics training. Conflict of Interest Code (COIC) Each local agency provided its current COIC, either upon request after an interview, or obtained by PCGJ from its website. GC section 87312 allows the FPPC to assist local agencies in drafting provisions for a COIC. This aid can be accessed via the FPPC we The local agency must incorporate by reference the FPPC Model Conflict of Interest those positions which are involved in decision making, which may have a material 65 Placer County Grand Jury 2024-2025 Final Report
122
effect on personal financial interests. The local agency code shall require those position holders to file Form 700 with the filing officer, usually the local agency clerk. Each local agency must conduct a biennial review every even numbered year to address any changes in circumstances, such as newly created positions. 2024 was the last even-numbered year in which a review should have been conducted. The next statutory review shall take place in 2026. The COIC for each of the six local agencies is reflected in the table below. Most of the local agencies complied. PCGJ could not locate evidence Colfax conducted a biennial review of its COIC in 2024. None of the local agencies, except for Roseville, manda City Conflict of Interest Reporting Summary Does Current Code Include: Location Current Date Model Code? Biennial Review? Designate Form Filers? Filing Officer? Ethics Training? Auburn 2/12/2024 Yes Yes Yes Yes No Colfax 8/6/2022* Yes Yes Yes Yes No Lincoln 6/11/2024 Yes Yes Yes Yes No Loomis 8/13/2024 Yes Yes Yes Yes No Rocklin 10/22/2024 Yes Yes Yes Yes No Roseville 1/17/2024 Yes Yes Yes Yes Yes * Does not include 2024 Form 700 and Ethics Training The next section of this report will address the performance of the local agencies regarding the timeliness of Form 700 filings and ethics training. PCGJ was unable to craft a single table for the six local agencies regarding Form 700 filings or ethics training, as each local agency kept track of who filed and when in their own particular way. PCGJ will provide a table for each of those local agencies, if the information provided was sufficient to create a table. All Form 700 filings (assuming office, annual, and leaving office) are included in the filing year they were made. 66 Placer County Grand Jury 2024-2025 Final Report
123
Auburn Form 700 Auburn submitted reports combining statutory filers with designated filers for filing years 2020-2024. Auburn Form 700 Filing Summary All Filers Filing Year Timely Untimely Total 4/2/2020 - 4/1/2021 28 3 31 4/2/2021 - 4/1/2022 34 4 38 4/2/2022 - 4/1/2023 38 7 45 4/2/2023 - 4/1/2024 47 3 50 4/2/2024 - 4/1/2025* 25 12 37 *Through 12/18/2024. Ethics Training The ethics training program is currently facilitated by the Director of Human Resources. Auburn offers ethics training online through Vector Solutions, webinars and the FPPC training portal. Human Resources keeps a list of employees who have taken the training and tracks completion of the same through an internally generated spreadsheet. The City Clerk had previously scheduled an ethics training class in early 2024; however, the training was canceled, and no ethics training was scheduled for the remainder of the year. Auburn produced forty-two certificates showing completion of ethics training for the period 2021 through 2024. Thirty-two of the certificates were from 2022. Since training is required every two years, cancellation of ethics training in 2024 meant Auburn did not comply with GC section 53235(b). PCGJ was unable to craft a meaningful chart showing ethics training by Auburn. Colfax Form 700 Statutory Filers Colfax submitted copies of the computer-generated report bearing the FPPC logo for the statutory FPPC filers. The timeliness of the filings is listed in the table below.
Photo Credit: Internet
Photo Credit:Internet
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Designated Filers Colfax did not produce a printout for those designated to file Form 700 like the FPPC printout for statutory filers. The list produced shows a total of twenty-three designated filings from 2020 through 2024. The list is not broken down on an annual basis. There is no deadline for filings on the list. Therefore, PCGJ is unable to determine whether those who assumed office and those who left office filed on time. Most of the annual filings appear to be on time. PCGJ cannot accurately assess the overall performance of those designated to be filed by the Colfax COIC. Colfax Form 700 Filing Summary All Filers Filing Year Timely Untimely Total Statutory Filers 4/2/2020 4/1/2021 8 1 9 4/2/2021 4/1/2022 8 0 8 4/2/2022 4/1/2023 13 2 15 4/2/2023 4/1/2024 12 2 14 4/2/2024 4/1/2025* 4 1 5 Designated Filers Timely Untimely Total 4/2/2020 1/29/2025 Insufficient Information *Through 1/29/2025. Ethics Training The list provided by Colfax was similar to the list for the designated Form 700 filers. The list was not an annual report. There were no deadlines listed so it could not be determined whether the training was timely. Colfax provided seventeen Certificates of Completion from nine different individuals who took ethics training from 2019 through 2024. Three individuals started ethics training but did not finish the two-hour course, and therefore did not receive certificates of completion. One official submitted an acknowledgement of training to Colfax showing two hours of training was received. Colfax contacted the vendor and was told the official did not complete the required two hours of training. Currently, one person is overdue for ethics training. Two other officials had five-year gaps between training sessions. Without any records showing date of hire or the deadline for receiving training, PCGJ could not create a table which would accurately access overall timeliness for those receiving ethics training on an annual basis. 68 Placer County Grand Jury 2024-2025 Final Report
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Lincoln Form 700 Statutory Filers The City of Lincoln produced statutory Form 700 filings for filing years 2019-2023. The FPPC filings provided by Lincoln show a total of thirty-two filings for nine different filers. All thirty-two were timely. Designated Filers The 2022 conflict of interest code listed forty-eight designated position holders to file Form 700 with the city clerk. The 2024 review determined no changes were needed. Some positions have multiple personnel, such as multi-member commissions, so the actual number of individuals may be higher. March 2, 2022. The document identifies twenty-eight designated filers. There were no entries for w Lincoln Form 700 Filing Summary All Filers Filing Year Timely Untimely Total Statutory Filers 4/2/2019 - 4/1/2024 32 0 32 Designated Filers Timely Untimely Total Prior to 3/2/2022 Data Unavailable 3/3/2022 - 2/28/2025 Data Unavailable Ethics Training guidelines for ethical standards of conduct which shall govern City employees in the AB 1234 mandates certain local agency officials receive ethics training for two hours every two years, but there is no indication the Lincoln Personnel Rules and Regulations contain AB 1234 training requirements. The current COIC designates approximately fifty-four positions to file Form 700. Lincoln believes a designated Form 700 filer does not need to receive ethics training.
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Lincoln issues an Advisory Body Handbook (February 2021) to all advisory body members, which consists of non-employee appointed positions. Lincoln has need not file a Form 70-Commission must file Form 700. Lincoln does require Planning Commission members receive state mandated AB 1234 ethics training. While the Advisory Body Handbook states certain advisory bodies are solely to have the same meaning as defined in GC section 54952. GC section 54952(b) Planning Commission, the Lincoln website lists five other boards, commissions, or committees. The PCGJ requested AB 1234 ethics training documents for the past five years. Lincoln submitted an undated AB 1234 Ethics Training log for Mayor, Mayor Pro Tem, Councilmembers, and Treasurer. Six officials are listed. One official is current for ethics training and the other five are overdue. Lincoln submitted another document showing ethics training from 2020 to 2024. For the 2024 filing year, three city council members received ethics training. No other elected or appointed positions are documented to have received ethics training. No ethics training was shown to have been received in 2020-2024, although the document referred to in the paragraph above shows one certification in 2020 and one in 2022. Loomis Form 700 Statutory Filers Loomis produced a document listing officials who filed Form 700 with the FPPC. It clearly states the name of the individual, the position held, the type of filing, the due date, and filed date. From this information, PCGJ was able to prepare a table showing the performance of Loomis. Designated Filers Loomis produced a list of those who are designated to file Form 700 during the 2022-2023 filing year. Ten individuals were listed. The other four did not contain a due date or filing date. PCGJ cannot create a table on a yearly basis for designated Form 700 filers.
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Loomis Form 700 Filing Summary All Filers Filing Year Timely Untimely Total Statutory Filers 4/2/2020 - 4/1/2021 15 0 15 4/2/2021 - 4/1/2022 14 1 15 4/2/2022 - 4/1/2023 13 1 14 4/2/2023 - 4/1/2024 17 6 23 Designated Filers Timely Untimely Total 4/2/2020 - 4/1/2025 Insufficient Information Ethics Training Loomis approved a Statement of Ethical Principles Applicable to Local Government on March 13, 1990. The Town of Loomis Employee Handbook (updated July 25, 2017) contains a provision advising all employees are to avoid financial interests which could put them in conflict with the interests of Loomis. Loomis submitted thirty-nine certificates of completion of AB 1234 ethics training between 2020 and February 14, 2025. Loomis supplied a list of nineteen current personnel who have been designated to receive AB 1234 ethics training going back to 2022. Seventeen personnel received the training within the one-year time frame after assuming duties or within the ongoing two-year requirement. Two individuals did not receive the training within the time frame established by the state. The information was not provided on an annual basis so PCGJ could not create a table showing annual performance. Rocklin Form 700 The Form 700 documents produced by Rocklin combined statutory and designated filers. For the 2021 to 2025 period, roughly 21% of the individuals required to file did not file timely, either when assuming office, submitting office is responsible for Form 700 filings. Rocklin Form 700 Filing Summary All Filers Filing Year Timely Untimely Total 4/2/2021 - 4/1/2022 83 16 99 4/2/2022 - 4/1/2023 108 39 147 4/2/2023 - 4/1/2024 113 33 146 4/2/2024 - 4/1/2025* 63 11 74 *Through 2/7/2025 Photo Credit: Internet
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Ethics Training Administrative Services/Human Resources is responsible for ethics training in Rocklin. Revised Personnel Rules were adopted by Rocklin City Council Resolution No. 2024-Conflict of Interesofficials are not considered employees (Section 122). Rocklin identified individuals it required to take ethics training going back to 2021. All Form 700 designated filers are required to take ethics training. In 2021, forty-nine designated personnel received ethics training at various times. It is unknown whether the training was received within the two-year time frame, because the records reviewed only go back to 2021. In 2022, sixteen designated personnel received ethics training at various times. PCGJ was unable to determine whether the training occurred within two years because there were no records prior to 2021. In 2023, twelve designated personnel received ethics training at various times: two were timely and two were late. PCGJ could not determine whether the remaining eight had received timely training by the one-year deadline. If new hires received ethics training within one year of assuming service, the training was timely. In 2024, forty-nine designated officials received ethics training, but none of the training received by the individuals listed was within the two-year time frame. For the fifteen additional officials who received training for the first time, the PCGJ could not identify whether the training was timely or untimely. In 2025 (as of February 14), two officials received on-time training, while four were late. PCGJ could not tell whether the training was timely for three officials, because the initial date of service was not shown on the document. The number of different officials on the list total ninety-one. Sixty-one officials did not receive timely ethics training. Rocklin submitted a total of 151 certificates of completion of ethics training from 2021 to February 14, 2025, for all individuals who completed ethics training. Roseville Form 700 Roseville produced Form 700 filing records going back to the 2020 filing year. The earliest year contained many untimely filings. As shown in the table below, Roseville has gained and maintained control of its Form 700 filers to ensure timely filings.
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Roseville Form 700 Filing Summary All Annual Filers Filing Year Timely Untimely Total 4/2/2020 - 4/1/2021 244 37 281 4/2/2021 - 4/1/2022 304 1 305 4/2/2022 - 4/1/2023 329 2 331 4/2/2023 - 4/1/2024 376 6 382 Ethics Training Roseville provided a document of ethics training from 2021 through 2024. A total of 611 officials received AB 1234 ethics training. Out of the 611 officials, 101 did not receive training within the one-year or two-year time frame. Of concern, 70 of those 101 officials who were noted for untimely training occurred during the 2024 calendar year. Also, one individual was 1,354 days late, while another was 1,196 days late. Several were late up to two years. Roseville was the only local entity to expressly require ethics training in its COIC. action.provision is, either in its form or implementation, sufficient to ensure compliance. Conclusion Each of the local agencies adopted a Conflict of Interest Code as required by the State of California. The local agencies designate Form 700 filers as part of their Conflict of Interest Code. They also offer ethics training. Many officials do not file Form 700 or receive ethics training by the deadline. One problem is poor record keeping. The Placer County Grand Jury found it was difficult to identify the number of people required to file Form 700 or receive ethics training and whether there was compliance with the applicable deadline. The Fair Political Practices Commission has a database which identifies the necessary information to track filings by the statutory filers. The local agencies should create similar tracking programs for designated filers as well as those required to receive ethics training. The Form 700 document should be based on the Fair Political Practices Commission filing year (for example, April 2, 2024 April 1, 2025). The document should list: the name of the official, the position, the date of hire or the date assuming the position, the date leaving the position, the deadline for filing, the date Form 700 was filed, and whether the filing was timely. For ethics training, the document should be based on the calendar year. The information should include: the name of the official, the date of hire or date of initial service, the one-year deadline following the date of hire or date of initial service, the two-year ongoing deadline date, the date ethics training was received, and whether the training was timely. The Government Code requires the training certifications be maintained for a period of five years. 73 Placer County Grand Jury 2024-2025 Final Report
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The local agencies should include a compliance requirement in their respective Conflict of Interest Codes. While statutory filers are subject to fines levied by the Fair Political Practices Commission, the designated filers and those required to receive ethics training are not regulated by Fair Political Practices Commission. include in their Conflict of Interest Codes enforcement authority over untimely Form 700 filings and ethics training. more specific. Findings The grand jury found: Conflict of Interest Code F1. Auburn, Lincoln, Loomis, Rocklin, and Roseville reviewed, amended, and/or adopted conflict of interest codes in 2024, in compliance with Government Code 87306 and 87306.5. F2. Since Colfax did not provide a resolution showing its Conflict of Interest Code was reviewed in 2024, the Placer County Grand Jury was unable to determine whether Colfax conducted a biennial review of its Conflict of Interest Code in 2024. F3. Auburn, Colfax, Lincoln, Loomis, Rocklin, and Roseville have incorporated the State of California Model Code into their conflict of interest codes, bringing them into compliance with State law. F4. Auburn, Colfax, Lincoln, Loomis, Rocklin, and Roseville designate Form 700 filers in their conflict of interest codes, ensuring compliance with State law. F5. Auburn, Colfax, Lincoln, Loomis, Rocklin, and Roseville identify the city clerk as the filing officer for Form 700 filers. F6 Roseville includes Assembly Bill 1234 Ethics Training in its Conflict of Interest Code. F7. Roseville assigns responsibility to the city clerk for Assembly Bill 1234 Ethics Training. F8. Auburn, Colfax, Lincoln, Loomis, and Rocklin do not include Assembly Bill 1234 Ethics Training requirements in their conflict of interest codes. F9. Roseville does address enforcement authority in its Conflict of Interest Code, which states there may be consequences if a designated individual fails to timely file Form 700 or complete Assembly Bill 1234 Ethics Training. F10. Auburn, Colfax, Lincoln, Loomis, and Rocklin do not include enforcement authority in their conflict of interest codes, leaving no defined consequences 74 Placer County Grand Jury 2024-2025 Final Report
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if a designated individual fails to timely file Form 700 or complete Assembly Bill 1234 Ethics Training. Form 700 F11. Across all local agencies, most of the individuals who did not timely file Form 700 were designated filers. F12. For Colfax, Lincoln and Loomis, incomplete information in recordkeeping for designated Form 700 filers prevented the grand jury from accurately assessing the timeliness of the filings. F13. As a general matter, insufficient oversight by the local agencies has contributed to untimely Form 700 filings for designated filers. Ethics Training F14. Auburn and Rocklin currently place responsibility for Assembly Bill 1234 Ethics Training on their Human Resource/Administrative Services staff. F15. Across all local agencies, insufficient oversight resulted in many individuals not receiving ethics training by the deadline set by State law. F16. Across all local agencies, overreliance on the individual to schedule and receive ethics training resulted in untimely training. F17. contain necessary information. F18. A lack of enforcement authority within all local agencies led to failures to receive timely ethics training. Recommendations The grand jury recommends: R1. Auburn, Colfax, Lincoln, Loomis, and Rocklin review, amend, and/or adopt their conflict of interest code to specify those positions who shall receive Assembly Bill 1234 Ethics Training pursuant to Government Code section 53234-53235.2 by October 1, 2025. R2. Auburn, Colfax, Lincoln, Loomis, and Rocklin review, amend, and/or adopt their conflict of interest code to specify the city clerk is the responsible official to administer the Assembly Bill 1234 Ethics Training program, and function as the recordkeeper for ethics training records by October 1, 2025. R3. Auburn, Colfax, Lincoln, Loomis, Rocklin, and Roseville should specify in their conflict of interest code actionable enforcement authority against individuals who fail to timely file Form 700 and/or fail to timely receive Assembly Bill 1234 Ethics Training by October 1, 2025. 75 Placer County Grand Jury 2024-2025 Final Report
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R4. Colfax, Lincoln, Loomis, and Roseville should create and maintain an annual database for all designated Form 700 filers in alignment with the FPPC filing year by December 31, 2025. The Placer County Grand Jury recommends the database include: the name of each Form 700 filer, the date of hire or initial service, the type of filing (assuming, annual, leaving), the deadline for filing, the date the form was filed, and whether the filing was timely. R5. Auburn, Colfax, Lincoln, Loomis, and Rocklin should create and maintain a database of all individuals required to receive Assembly Bill 1234 Ethics Training by December 31, 2025. The Placer County Grand Jury recommends the database include: the name of each individual required to receive ethics training, the date of hire or the date the position was assumed which required ethics training, the deadline for receiving ethics training (one year/two years), the date ethics training was received, and whether ethics training was timely. The training records should be maintained for five years. R6. Auburn, Colfax, Lincoln, Loomis, Rocklin, and Roseville should create a plan to increase oversight with a goal to achieve 100% timely Form 700 filings and ethics training, by November 1, 2025. Required Responses Pursuant to Penal Code § 933.05, the Placer County Grand Jury requires a response from the following governing bodies: Responding Entity Findings Requiring Response Recommendations Requiring Response Due Date Sandy Amara, Mayor Auburn City Council Auburn City Hall 1225 Lincoln Way Auburn, CA 95603 F8, F10, F17, F18 R1, R2, R3, R5, R6 September 1, 2025 Sean Lomen, Mayor Colfax City Council P.O. Box 702 Colfax, CA 95713 F2, F8, F10, F12, F17, F18 R1, R2, R3, R4, R5, R6 September 1, 2025 Holly Andreatta, Mayor Lincoln City Council 600 6th Street Lincoln, CA 95648 F8, F10, F12, F17, F18 R1, R2, R3, R4, R5, R6 September 1, 2025 David Ring, Mayor Loomis City Council P.O. Box 1330 Loomis, CA 95650 F8, F10, F12, F17, F18 R1, R2, R3, R4, R5, R6 September 1, 2025 76 Placer County Grand Jury 2024-2025 Final Report
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Jill Gayaldo, Mayor Rocklin City Council 3970 Rocklin Road Rocklin, CA 95677 F8, F10, F17, F18 R1, R2, R3, R5, R6 September 1, 2025 Krista Bernasconi, Mayor Roseville City Council 311 Vernon Street Roseville, CA 95678 F17, F18 R3, R4, R6 September 1, 2025 Copies sent to: Sean Rabe´ City Manager City of Auburn City Hall 1225 Lincoln Way Auburn, CA 95603 Ron Walker City Manager City of Colfax PO Box 702 Colfax, CA 95713 Sean Scully City Manager City of Lincoln 600 6th Street Lincoln, CA 95648 Wes Heathcock City Manager Town of Loomis P. O. Box 1330 Loomis, CA 95650 Aly Zimmermann City Manager City of Rocklin 3970 Rocklin Road Rocklin, CA, 95677 Dominick Casey City Manager City of Roseville 311 Vernon St Roseville, CA 95678 77 Placer County Grand Jury 2024-2025 Final Report
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Bibliography 1. California Government Code, Title 9, Political Reform, Chapter 7, Conflicts of Interest, Article 1, General Prohibition, Article 2, Disclosure, Article 3, Conflict of Interest Codes, Article 4, Disqualification of Former Officers and Employees, Article 5, Filing. (Sections 87100-87505). 2. California Government Code, Title 5, Local Agencies, Division 2, Cities, Counties, and Other Agencies, Part 1, Powers and Duties Common to Cities, Counties, and Other Agencies, Chapter 2, Officers and Employees, Article 2.4, Ethics Training (Sections 53234 53235.2; 54952. 3. Title 2, California Code of Regulations, section 18730, Provisions of Conflict of Interest Codes. 4. 2024/2025 Form 700 Statement of Economic Interests Reference Packet. 5. California Fair Political Practices Commission,1102 Q Street, Suite 3050, Sacramento, CA 95811, Toll-free advice line: (866) ASK-FPPC; (866) 275-3772; Telephone: (916) 322-5660Email advice: [email protected]; Website: www.fppc.ca.gov. 6. FPPC Documents from Website: a. 2025 Statement of Economic Interests (SEI) Form 700 Filing Officer Informational Fact Sheet Cities and Counties. E-filing: [email protected]. Advice E-mail: [email protected], FPPC Toll-Free Helpline: (866) 275-3772 b. c. 2024 Conflict of Interest Code Biennial Notice Instructions for Local Agencies. d. Local Government Agencies-Adopting & Amending Conflict of Interest Codes. e. Conflict of Interest Codes for State & Local Agencies. 78 City Council
Staff Report
Subject:
Jones Hall Legal Services Agreement
Date:
August 26, 2025
Submitted By:
Matthew McOmber, City Attorney
Department:
City Attorney's Office
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving the Agreement for Legal Services with Jones Hall, a Professional Law Corporation, and Authorizing the City Attorney to Execute the Agreement.
Background:
The law firm of Jones Hall has served as bond and disclosure counsel for various bond related matters for the City for many years. In order to continue utilizing the firm’s legal services for future bond transactions, the City Attorney recommends entering into a new agreement for legal services with the firm so they are engaged at the earliest stages of future bond transactions and can advise City staff on legal compliance and related matters.
The proposed Agreement with Jones Hall has a term of five (5) years, and per industry standards, the fee for services will be a flat contingency rate, paid from the bond proceeds.
The amount of the contingency will be approved by the City Attorney when each bond transaction occurs and will be based on the amount of work needed and the complexity of the transaction.
The City Attorney will continue to oversee the work of outside counsel, and on an ongoing basis as appropriate or other times that the City Manager or City Council may request, will provide administrative and budgetary updates to the City Council pertaining to projects for which Jones Hall serves as outside legal counsel.
Fiscal Impact:
There is no direct fiscal impact resulting from the staff recommendation. The City will engage Jones Hall as bond counsel or disclosure counsel on an as-needed basis. Payment for their services is typically made from bond proceeds or from the funds backing the bonds, as determined by the City. These fees are considered a cost of issuance and are incorporated into the overall financing structure. Each bond issuance will be presented to the City Council for approval, along with a breakdown of associated costs, including legal services provided by Jones Hall when designated as bond counsel for the transaction.
Item Number C5.
79 ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - Agreement for Legal Services
80 Resolution No. 2025- August 26, 2025 Page 1 of 1
1 RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
APPROVING THE AGREEMENT FOR LEGAL SERVICES
WITH JONES HALL, A PROFESSIONAL LAW CORPORATION,
AND AUTHORIZING THE CITY ATTORNEY
TO EXECUTE THE AGREEMENT
WHEREAS, the City has used the law firm of Jones Hall, a Professional Law Corporation, for specialized legal services for bond transactions for many years, and in order to continue utilizing their e xpertise for future bond transactions it is necessary to enter into a new agreement for legal services with the law firm.
NOW, THEREFORE, 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 Attorney to execute the Agreement for Legal Services with Jones Hall, a Professional Law Corporation for legal services, in the form attached hereto as Exhibit A, or substantially similar form approved by the City Attorney.
PASSED AND ADOPTED this 26th day of August, 2025, by the following vote:
AYES: Councilmembers
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Jill Gayaldo, Mayor
ATTEST:
__________________________
Avinta Singh, City Clerk
81 AGREEMENT FOR LEGAL SERVICES
(MUNICIPAL FINANCE TRANSACTIONS)
THIS AGREEMENT, dated as of August 12, 2025, by and between the City of Rocklin, a California municipal corporation and charter city (“CITY”), and Jones Hall, A Professional Law Corporation (“ATTORNEY”).
WITNESSETH:
WHEREAS, CITY from time to time is in need of attorneys to provide legal services and assistance to the Rocklin City Attorney (“City Attorney”) related to municipal finance transactions of the City and its related entities; and
WHEREAS, ATTORNEY is a firm with expertise in municipal bond issuances and similar municipal finance transactions willing to provide such representation on such transactions on a contingency-fee basis.
N
OW, THEREFORE, the parties agree as follows:
1. Scope of Services and Duties. CITY employs and retains ATTORNEY to provide legal services from time to time upon the request of the City Attorney to advise, assist and represent CITY as co-counsel with the City Attorney with respect to such transactional matters as may be referred to ATTORNEY by the City Attorney, including as more particularly set forth in Exhibit A. ATTORNEY shall list t he City Attorney as co-counsel of record on validation pleadings and papers, if any, unless directed otherwise by the City Attorney.
S
ervices shall also include an annual audit letter provided by ATTORNEY at no charge to CITY.
2. Specific Work Assignments. ATTORNEY shall receive work assignments from the City Attorney or designated staff. The work assignments shall generally be communicated by written notice from the City Attorney to ATTORNEY. If a work assignment is communicated orally, ATTORNEY shall provide a written confirmation to the City Attorney describing the work assignment.
A
TTORNEY shall take reasonable steps to keep CITY (and City Attorney) informed in writing of progress and immediately following any significant developments and/or meetings, and to respond to CITY inquiries.
W
ork performed for CITY shall be performed by and/or supervised by attorneys who are approved by the City Attorney and experienced in the practice area in which the services are being performed.
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92 City Council
Staff Report
Subject:
Various Personnel Items
Date:
August 26, 2025
Submitted By:
Tameka Usher, Administrative Services Director
Department:
Administrative Services - Human Resources
Recommendation:
A
.
Adopt a Resolution of the City Council of the City of Rocklin Fixing the Employer Contribution Under the Public Employees’ Medical and Hospital Care Act at an Equal Amount for Employees and Annuitants.
B
.
Adopt a Resolution of the City Council of the City of Rocklin to Approve Amendments to the Rules, Regulations, Benefits, and Policies Related to Employee Relations Between the Management, Confidential, and Unrepresented Employees and the City and Repeal Resolution No. 2024-272.
C
.
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the City Manager to Overfill Allocated Positions within the Fire and Police Departments Background:
CalPERS- Public Employees’ Medical and Hospital Care Act The City participates in the CalPERS medical program, which is governed under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (PEMHCA). Among other requirements, PEMHCA mandates equal contribution for active employees and retirees.
Staff has conducted extensive research on ways to improve medical benefits for active employees and to reduce financial exposure associated with retiree medical costs. The City is in the process of negotiating a second tier for retiree medical contributions for all employee groups. The new second tier would only apply to new hires as of a specific date to be determined and would not affect current employees or retirees. Staff therefore recommends that the City transition the health contribution from the current $1,200 per month contribution to the PEMHCA minimum contribution. Transitioning to the PEMHCA minimum, currently $158 per month and moving to $162 per month in the 2026 benefit year, will give the City the flexibility to increase the medical contribution (up to 100% of the Kaiser Employee + one premium) into a cafeteria plan for active employees without affecting the contribution to retirees.
Item Number C6.
93 Government Code Section 22892(a) requires that the City Council approve any change to the employer contribution amount through a resolution. Currently, only two groups, Management and Confidential, and Fire, will be transitioning to the PEMHCA minimum. Fire approved the change as part of the 2025-2028 Memorandum Of Understanding, approved by the City Council on August 12, 2025.
Management and Confidential, and Other Unrepresented Employees Resolution The Rules, Regulations, Benefits, and Policies Relating to Employee Relations between the City of Rocklin and the Rocklin Management, Confidential, and Unrepresented Employees was last revised on December 10, 2024 by Resolution No. 2024-272. At this time, staff recommends revisions to the resolution.
The following changes have a fiscal impact:
As part of the transition to the PEMHCA minimum, effective January 1, 2026, the City will contribute 100% of the 2026 Kaiser Employee +1 medical premium. Estimated maximum cost is $567,500 over the next two fiscal years, assuming that all employees select an equivalent cost medical plan.
Effective September 6, 2025, increasing the health opt-out incentive to $350 for employees only and $325 for employees + one and family. Employees are only eligible if they do not select a City medical plan and show proof of other equivalent medical coverage. Estimated cost is: $16,200 over the next two fiscal years.
Effective September 6, 2025, adding a Paramedic pay incentive of $650 per month and an Emergency Medical Technician pay incentive of $100 per month. Estimated cost is $28,420 over the next two fiscal years.
Other recommended revisions, expected to have little or no direct cost impact, include but are not limited to:
Updated the Confidential and Management positions lists.
Revised Management Leave to allow up to one-half (1/2) of any unused management leave based on the employees accrual rate to be cashed out at the end of each calendar year.
Removed references to Salary Schedules A and B, as the City now maintains a single salary schedule for Management and Confidential.
Minor, non-substantive “housekeeping” language changes.
Overfill Authorization
As the City's public safety departments face staffing challenges related to retirements, extended industrial medical leaves, and lengthy recruitment timeframes, additional operational flexibility is needed to ensure uninterrupted delivery of critical services. To address this need, staff recommends the City Council adopt a resolution providing the City Manager with the authority to temporarily overfill position allocations within the Police and Fire Departments, subject to defined conditions and safeguards.
Fiscal Impact:
The total estimated fiscal impact of the staff recommendation is $612,120 over the next two fiscal years. Sufficient funds are available in the Fiscal Years 2025/26 and 2026/27 Operating Budgets.
94 ATTACHMENTS:
1. Resolution A
2. Resolution B
3. Resolution B Exhibit A - Management and Confidential, other Unrepresented Employees Resolution
4. Management, Confidential, and other Unpresented Employees Resolution - Redline
5. Resolution C
95 RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROCKLIN FIXING THE EMPLOYER CONTRIBUTION
UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND
HOSPITAL CARE ACT AT AN EQUAL AMOUNT FOR
EMPLOYEES AND ANNUITANTS
WHEREAS, the City of Rocklin is a contracting agency under Government Code Section 22920 and subject to the Public Employees’ Medical and Hospital Care Act (the “Act”); and WHEREAS, Government Code Section 22892(a) provides that a contracting agency subject to the Act shall fix the amount of the employer contribution by resolution; and WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin a) That the employer contribution for each employee or annuitant shall be the amount necessary to pay the full cost of their enrollment, including the enrollment for family members, in a health benefits plan up to a maximum of:
Medical Group Monthly Employer Health Contribution
001 Management PEMHCA Minimum
002 Confidential PEMHCA Minimum
003 Public Service (Misc.) $1,200.00 (no change)
004 Police $1,200.00 (no change)
005 Fire PEMHCA Minimum
006 Hourly PEMHCA Minimum (no change)
008 Unrepresented PEMHCA Minimum (no change)
014 Public Safety Managers $1,200.00 (no change)
plus administrative fees and Contingency Reserve Fund assessment s; and be it further resolved
b) City of Rocklin has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above; and be it further resolved
96 c) That the participation of the employees and annuitants of City of Rocklin shall be subject to determination of its status as an “agency or instrumentality of the state of political subdivision of a State” that is eligible to participate in a governmental plan within the meaning of Section 414(d) of the Int ernal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that that City of Rocklin would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulatio ns, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer; and be it further resolved d) That the executive body appoint and direct, and it does hereby appoint and direct, the City Manager to fil e with the Board a verified copy of this resolution, and to perform on behalf of the City of Rocklin all functions required of it under the Act; and be it further resolved
e) That coverage under the Act be effective on January 1, 2026.
PASSED AND ADOPTED this 26th day of August 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Jill Gayaldo, Mayor
ATTEST:
Avinta Singh, City Clerk
EMPLOYEES
97 RESOLUTION NO. 2025-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
TO APPROVE AMENDMENTS TO THE RULES, REGULATIONS, BENEFITS, AND POLICIES RELATED
TO EMPLOYEE RELATIONS BETWEEN THE MANAGEMENT, CONFIDENTIAL, AND UNREPRESENTED EMPLOYEES AND THE CITY AND REPEAL RESOLUTION 2024-272
WHEREAS, the City Council previously adopted revisions to the Management, Confidential, and Unrepresented Employees Resolution on December 10, 2024 , via resolution 2024-272; and
WHEREAS, Section I II of the Man agement, Confidential and Unrepresented Employee Resolution describes benefits;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin:
Section 1. Resolution No. 2024-272 is hereby repealed.
Section 2. Effective August 26, 2025 , the following rules, regulations, benefits, and policies attached hereto as Exhibit 1 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, as attached hereto as Exhibit 1.
Section 3. Effective September 6, 2025, Deputy Fire Chief employees who hold a Paramedic license will receive $650 per month and employee who hold an Emergency Medical Technician license will receive $100 per month.
Section 4. Effective January 1, 2026, the City will provide medical benefits contributions at the PEMHCA minimum and will contribute up to 100% of the 2026 Kaiser Employee +1 medical premium to the cafeteria plan.
Section 6. Effective September 6, 2025, the City will provide a health coverage reduction incentive increase to a maximum of $350 per month for employees who choose to decline the City’s “Employee Only” coverage or a maximum of $325 per month for Employees who choose to decline the City’s “Employee + One and Family” Plan and $325, respectively, for declination of the “Employee Only option or Employee + One and Family” plan option.
98 Section 7. Effective August 26, 2025, Section IV, Article 5 is amended to allow up to one-half (1/2) of any unused management leave based on the employees accrual rate will be cashed out at the end of each calendar year; and
Section 8. In the event of a conflict between the provisions of this Resolution and the amendment Management, Confidential, and Unrepresented Employees Resolution, the Management, Confidential, and Unrepresented Employees shall control.
PASSED AND ADOPTED this 26th day of August 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Jill Gayaldo, Mayor
ATTEST:
Avinta Singh, City Clerk
EMPLOYEES
99 August 26, 2025
ROCKLIN MANAGEMENT, CONFIDENTIAL, AND OTHER UNREPRESENTED
EMPLOYEES RULES, REGULATIONS, BENEFITS, AND POLICIES
100
Management, Confidential, and Other Unrepresented Employees Rules, Regulations, Benefits, and Policies
Exhibit A for Reso. No. 2025-XXX
TABLE OF CONTENTS
SECTION I – GENERAL ................................................................................................. 3 ARTICLE 1. INTENT ..................................................................................................... 3 ARTICLE 2. DURATION AND SUCCESSOR RESOLUTIONS .............................................. 3 ARTICLE 3. EMPLOYEE RIGHTS ................................................................................... 3 ARTICLE 4. SEVARABILITY........................................................................................... 4 ARTICLE 5. CONFIDENTIAL EMPLOYEES ...................................................................... 4 ARTICLE 6. MANAGEMENT EMPLOYEES ..................................................................... 4 SECTION II – COMPENSATION ..................................................................................... 6 ARTICLE 1. COMPENSATION ....................................................................................... 6 ARTICLE 2. OVERTIME/COMPENSATOry TIME OFF ..................................................... 7 ARTICLE 3. Certification INCENTIVE PAY-Fire only ....................................................... 9 ARTICLE 4. SEVERANCE PAY ..................................................................................... 10 SECTION III – BENEFITS ............................................................................................. 11 ARTICLE 1. HEALTH AND OTHER BENEFITS ................................................................ 11 ARTICLE 2. STATE DISABILITY INSURANCE ................................................................ 15 ARTICLE 3. FLEXIBLE SPENDING PLAN ....................................................................... 16 ARTICLE 4. RETIREMENT BENEFITS ........................................................................... 16 ARTICLE 5. DEFERRED COMPENSATION .................................................................... 17 ARTICLE 6. RETIREE HEALTH BENEFITS ...................................................................... 17 ARTICLE 7. TUITION REIMBURSEMENT ..................................................................... 18 ARTICLE 8. UNIFORM ALLOWANCE .......................................................................... 20 SECTION IV – LEAVES ................................................................................................ 21 ARTICLE 1. VACATION .............................................................................................. 21 ARTICLE 2. HOLIDAYS ............................................................................................... 22 ARTICLE 3. SICK LEAVE ............................................................................................. 22 ARTICLE 4. BEREAVEMENT LEAVE ............................................................................ 25 ARTICLE 5. MANAGEMENT LEAVE ............................................................................ 26 ARTICLE 6. FAMILY AND MEDICAL LEAVE ACT/CALFORNIA FAMILY RIGHTS ACT........ 27 ARTICLE 7. LEAVE OF ABSENCE WITHOUT PAY .......................................................... 28 ARTICLE 8. JURY DUTY ............................................................................................. 29 SECTION V – MISCELLANEOUS TERMS AND CONDITIONS .......................................... 30 ARTICLE 1. PROBATIONARY PERIODS ........................................................................ 30 ARTICLE 2. NEPOTISM ............................................................................................... 31 ARTICLE 3. HOLIDAY FURLOUGH .............................................................................. 32 ARTICLE 4. EMPLOYEE PERFORMANCE EVALUATIONS ............................................... 32 ARTICLE 5. EXTRA STEP (MERIT) INCREASE ................................................................ 33 ARTICLE 6. CITY MANAGER ADDITIONAL AUTHORITY ............................................... 33 101
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CITY OF ROCKLIN MANAGEMENT, CONFIDENTIAL, AND UNREPRESENTED 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 relatio ns 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 se Rules, Regulations, Benefits and Policies Relating to Management, Confidential, and Other Unrepresented Employees and the Personnel Rules, the language in these Rules, Regulations, Benefits and Policies relating to Management, Confidential, and Other Unrepresented Employees 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 (2017-237). “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 employee s 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 class or group.
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ARTICLE 4. SEVARABILITY
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 include the following positions, which are designated as such by virtue of the fact that they are privy to information used in the conduct of employer/employee relations.
Administrative Office Clerk
Administrative Office Assistant
Communications Specialist
Department Administrative Specialist
Deputy City Clerk
Executive Assistant
Executive Assistant to the City Manager
Human Resources Technician
Information Technology Analyst-one designated position Legal Secretary
Paralegal
Payroll Technician I/II
Senior Human Resources Technician
ARTICLE 6. MANAGEMENT EMPLOYEES
With the exception of the City Manager and City Attorney, whom are directly appointed by and serve at the pleasure of the City Council pursuant to respective employment agreements , Employees in this group are at-will employees who serve at the pleasure of the 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
Assistant to the City Manager
Associate Management Analyst
Chief Building Official
City Clerk
City Engineer/Deputy Director of Community Development Code Enforcement Program Manager
Deputy Director of Administrative Services
Deputy Fire Chief
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Director of Administrative Services
Director of Community Development
Director of Parks and Recreation
Director of Public Works
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 Information Technology Analyst
Principal Management Analyst
Principal Planner
Public Works Manager
Senior Engineer
Senior Management Analyst
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SECTION II – COMPENSATION
ARTICLE 1. COMPENSATION
1. Salary
Effective, the first full pay period of July 202 5, the City will increase base wages for all management and confidential classifications by 2.0%.
2. Salary Schedules
A. Salary Schedule
The Salary Schedule 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 a n 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
Confidential e mployees will receive 2.5% above annual base salary as 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 a step which provides a minimum of 10% base rate of pay salary increase, unless such increase exceeds the max imum 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.
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6. Executive Allowance
The Executive Allowance is an annual benefit of $4,200 provided to Department Directors to cover business-related expenses, including automobiles, cell phones, and technology (laptop and tablets). This allowance is paid in 26 equal installments, aligned with the City of Rocklin’s payroll schedule . Except as may be provided in an employment agreement between the City and a City Council -appointed position, positions appointed by the City Council are excluded from this benefit.
ARTICLE 2. 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:
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.
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If there is no equivalent, the pay for the designated supervisor or manager will move to the rat e 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 and Police Captains shall not alter their continuing status as “exempt’ emp loyees 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 entitle d.
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 pu rposes of computing overtime.
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) hour s 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 exceed s the employee ’s regular commute 107
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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 separat ed 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 sol e 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, 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 3. CERTIFICATION INCENTIVE PAY-FIRE ONLY
A. Deputy Fire Chiefs who hold a current EMT certification (and do not receive paramedic pay) shall receive additional compensation of one hundred dollars ($100) per month (equivalent to forty -six dollars and fifteen cents [$46.15] per pay period). This 108
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compensation will be provided only while the employee’s certification is active and valid with the local EMS Agency (LEMSA), and is contingent upon verification of that certification.
B. Deputy Fire Chiefs who hold a current paramedic certification shall receive additional compensation of six hundred fifty dollars ($650) per month (equivalent to three hundred dollars [$300] per pay period). This additional compensation will be provided only while the employee’s certification is active and valid with the local EMS Agency (LEMSA), and is contingent upon verification of that certification. Employees receiving paramedic pay are not eligible to receive EMT pay.
ARTICLE 4. 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, who has been in their current position for a minimum of one (1) year 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 4, 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.
Severance pay shall be determined as follows:
Zero through ten years of service: Two (2) months’ base salary. More than ten years of service: Three (3) months’ base salary. Department Directors: Three (3) months’ base salary.
For purposes of this Article 4, '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 employm ent agreement contract are exempted from the provisions of this article 4.
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SECTION III – BENEFITS
ARTICLE 1. 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 offers eligible employees enrollment in a CalPERS medical plan under the Public Employee’s Medical and Hospital Care Act (PEMHCA).
From July 1, 2025 until the end of the 2025 benefit year, or as soon as the City can administratively start based on CalPERS’s approval, the City will make a direct monthly contribution towards the premium cost for the PEMHCA medical insurance plan and coverage level selected by each participating employee up to a maximum of $1,200 per month. Employees shall be respon sible for the difference in any monthly premium cost for the medical insurance plan and coverage level selected that exceeds the City’s direct contribution. To the extent a participant does not utilize the entire $1,200 toward medical premiums, the remainder shall be retained by the City and shall not be cashed out or applied to other benefits.
Commencing January 1, 2026 , the City will make direct monthly contributions towards the premium cost for the PEMHCA medical insurance plan and coverage level selected by each participating employee in an amount equal to the current PEMHCA minimum. The PEMHCA minimum is prescribed by Government Code section 22892 and adjusted annually by CalPERS. The City will also provi de a separate cafeteria plan contribution described in the Cafeteria Plan section below.
B. Payroll Deduction
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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
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, 2025, the City shall increase its flexibility benefit contribution to three hundred seventy-five dollars ($375) per month.
All eligible employees must enroll in one of the PEMHCA medical plans unless they submit to the City satisfactory proof of alternative medical insurance coverage that meets the eligible opt-out arrangement requirements listed below.
Commencing Jan uary 1, 2026 , or as soon as the City can administratively start based on CalPERS approval of the PEMHCA minimum contribution, for full -time regular employees, the City will provide a cafeteria plan contribution for the employee’s PEMHCA medical plan set at 100% of the Kaiser plan at the employee plus one coverage level ($2,337.16 for 2026 (Kaiser employee +1 tier)), minus the PEMHCA minimum contribution. For part -time regular employees , the City will make a cafeteria plan contribution for the employee’s PEMHCA medical plan at a pro-rated percentage of the Kaiser employee + 1 tier equivalent to the part-time fraction of the FTE position occupied by the part -time regular employee , minus the PEMHCA minimum contribution.
Any increases to the PEMHCA minimum contribution during the term of this contract will result in a corresponding decrease to the amount of the additional City cafeteria plan contribution, so that the total maximum City contribution t o the cafeteria plan and to CalPERS for medical insurance premiums directly never exceeds the 2026 Kaiser employee +1 tier premium described above. 111
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The City contribution to the cafeteria plan shall be adjusted annually based on the January 1 premium payme nt for the Kaiser employee + 1 tier in the manner described below.
The City will pay 100% of the 2026 Kaiser employee +1 tier premium, minus the PEMHCA minimum contribution . The City will pay eighty percent (80%) of the Kaiser employee +1 tier health insurance premium increase starting with the plan year 2027. The employees will pay twenty percent (20%) of the health insurance premium increase, if any, starting in plan year 2027.
In the event an employee subscribes to a PEMHCA medical plan with a low er monthly premium than that of the Kaiser employee + 1 tier, the City will pay up to but not more than 100% of the premium for that plan. If the employee selects a PEMHCA medical plan with a higher monthly premium, then the employee will pay the balance.
In the event an employee 1) subscribes to a PEMHCA medical plan with a lower monthly premium than that of the Kaiser employee + 1 tier or 2) declines the City medical insurance and takes the Health Coverage Reduction Incentive , the employee shall only be eligible to use a maximum of $ 375 toward purchasing other health benefits under the cafeteria plan, including the Health Flexible Spending Plan.
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.
In no event shall the cafeteria dollars have cash value.
F. Long-Term Disability Insurance
Management Employees
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.
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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, t he 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 these plans with a minimum of employee -only coverage is required for all employees (“Required Coverage – Employee Only”).
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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, p articipants in the program will receive benefits as follows:
Employee must also meet the following requirements for this program:
The employee must have minimum essential coverage ("MEC") through another source (other than coverage in the individual market, whether or not obtained through Covered California);
The employee and all individuals in the employee’s expected tax family have (or will have) the required minimum essential coverage. An employee’s expected tax family includes all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the employee's plan ye ar to which the opt - out arrangement applies;
The employee must provide reasonable evidence of the MEC for the applicable period to the Human Resources Division. Reasonable evidence may include an attestation by the employee;
The employee must provide the evidence/attestation every plan year; The employee must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g. open enrollment). The evidence/attestation may also be provided within a reasonable time after the plan year starts; and The opt-out payment cannot be made (and the City must not in fact make payment) if the City knows or has reason to know that the employee or a tax family member does not have the alternative coverage.
ARTICLE 2. 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.
Eligibility Categories Maximum Monthly
Payment
No Health – Minimum Required Coverage
(Dental, Vision, Life, & LTD) for Employee Only
$350.00
No Health – Minimum Required Coverage
(Dental, Vision, Life, & LTD) for Employee + One
and Family
$325.00
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ARTICLE 3. FLEXIBLE SPENDING PLAN
The City will continue to make available to employees a Health Flexible Spending Plan and Dependent Care Flexible Spending Plan established pursuant to IRS Section 125 . The Health Flexible Spending 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 . The Dependent Care Flexible Spending Plan also allows the employees to set aside pre-tax income to pay for costs of childcare and adult dependent care. Employees may choose to enroll in the Health Flexible Spending Plan for the coming calendar year . Participants must pay the monthly cost to fund the plan(s) by authorizing biweekly pre-tax payroll deductions.
ARTICLE 4. 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
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 followin g 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
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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) h ighest 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 5. 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 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 d eferred compensation program . If any type of “health sav ings 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.
Effective the first pay period in July 2024, the City will contribute monthly matching funds to deferred compensation for management employees, as noted below. Contributions shall be made prospectively in each pay period, and no retroactive contributions w ill be made.
Management employees hired into a classification covered by this resolution prior to July 1, 2012; shall remain eligible for deferred compensation as noted above and shall not be eligible for the dollar amounts noted herein.
Department Director level: $350.00
Deputy Director level: $200.00
Manager level: $150.00
All other classifications in the management group: $100.00 ARTICLE 6. RETIREE HEALTH BENEFITS
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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 subsequen t 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 7. 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.
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 train ing 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.
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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 an nual 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.
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ARTICLE 8. UNIFORM ALLOWANCE
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 1. 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 hav e 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 ti me off, the employee must be allowed thirty (30) days to make arrangements to reduce the accrued hours prior to December 31 of each year. 120
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D. Vacation leave must be scheduled and approved in advance and in accordance with the procedures established for eac h 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 hi gher 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 2. 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 for the entire subsequent workday after the holiday to qualify for holiday pay.
ARTICLE 3. 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, u pon 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 accu mulated 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, pu rsuant to the provisions of California Labor Code section 1510.
D. Bereavement leave, as set forth in Article 4.
E. 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 o n 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 D ivision signed by the health care provide r 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 f irst 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 the Human Resources Division of their intent to integrate and must 123
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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 Ti me 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 4. 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.
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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 5. MANAGEMENT LEAVE
A significant amount of skill, effort, and devot ion 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 s uccessfully 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 calendar year to groups with the accrual rate as noted below:
Department director level (Council-appointed position or exception): 80 hours Deputy director 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 January 1 each year. Should any employee be hired or promoted into a management position after January 1, they shall be credited with a prorated amount of management leave for the balance of the calendar year.
Management leave shall not be cumulative from year-to-year.
At the end of the calendar year, the City will cash out up to one -half (½) of any unused Management Leave based on the employees total accrual rate, at each employee’s regular rate of pay. The cash out will be paid to the employee in the pay period following the pay period that 125
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includes January 1. Any remaining unused Management Leave beyond one half (1/2) of the annual accrual rate will be forfeited.
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 6. 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.
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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 Gov ernment 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 th e option of the employee before an employee's unpaid leave begins.
ARTICLE 7. 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) o ther 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 a n overall rating of “meets exp ectations” 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 need s 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 avai lable, 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 8. 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. 128
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SECTION V – MISCELLANEOUS TERMS AND CONDITIONS
ARTICLE 1. 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) month s 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 j ob 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 ev aluations 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 conducte d 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 129
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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 2. 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, broth er, 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 i f 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.
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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 con sideration 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 trans fer 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 3. 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 4. 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.
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ARTICLE 5. 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 6. 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.
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ROCKLIN MANAGEMENT, CONFIDENTIAL, AND OTHER UNREPRESENTED
EMPLOYEES RULES, REGULATIONS, BENEFITS, AND POLICIES
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TABLE OF CONTENTS
SECTION I – GENERAL ................................................................................................. 3 ARTICLE 1. INTENT ..................................................................................................... 3 ARTICLE 2. DURATION AND SUCCESSOR RESOLUTIONS .............................................. 3 ARTICLE 3. EMPLOYEE RIGHTS ................................................................................... 3 ARTICLE 4. SEVARABILITY........................................................................................... 4 ARTICLE 5. CONFIDENTIAL EMPLOYEES ...................................................................... 4 ARTICLE 6. MANAGEMENT EMPLOYEES ..................................................................... 4 SECTION II – COMPENSATION ..................................................................................... 6 ARTICLE 1. COMPENSATION ....................................................................................... 6 ARTICLE 2. OVERTIME/COMPENSATOry TIME OFF ..................................................... 7 ARTICLE 3. Certification INCENTIVE PAY-Fire only ....................................................... 9 ARTICLE 4. SEVERANCE PAY ..................................................................................... 10 SECTION III – BENEFITS ............................................................................................. 11 ARTICLE 1. HEALTH AND OTHER BENEFITS ................................................................ 11 ARTICLE 2. STATE DISABILITY INSURANCE ................................................................ 15 ARTICLE 3. FLEXIBLE SPENDING PLAN ....................................................................... 16 ARTICLE 4. RETIREMENT BENEFITS ........................................................................... 16 ARTICLE 5. DEFERRED COMPENSATION .................................................................... 17 ARTICLE 6. RETIREE HEALTH BENEFITS ...................................................................... 17 ARTICLE 7. TUITION REIMBURSEMENT ..................................................................... 18 ARTICLE 8. UNIFORM ALLOWANCE .......................................................................... 20 SECTION IV – LEAVES ................................................................................................ 21 ARTICLE 1. VACATION .............................................................................................. 21 ARTICLE 2. HOLIDAYS ............................................................................................... 22 ARTICLE 3. SICK LEAVE ............................................................................................. 22 ARTICLE 4. BEREAVEMENT LEAVE ............................................................................ 25 ARTICLE 5. MANAGEMENT LEAVE ............................................................................ 26 ARTICLE 6. FAMILY AND MEDICAL LEAVE ACT/CALFORNIA FAMILY RIGHTS ACT........ 27 ARTICLE 7. LEAVE OF ABSENCE WITHOUT PAY .......................................................... 28 ARTICLE 8. JURY DUTY ............................................................................................. 29 SECTION V – MISCELLANEOUS TERMS AND CONDITIONS .......................................... 30 ARTICLE 1. PROBATIONARY PERIODS ........................................................................ 30 ARTICLE 2. NEPOTISM ............................................................................................... 31 ARTICLE 3. HOLIDAY FURLOUGH .............................................................................. 32 ARTICLE 4. EMPLOYEE PERFORMANCE EVALUATIONS ............................................... 32 ARTICLE 5. EXTRA STEP (MERIT) INCREASE ................................................................ 33 ARTICLE 6. CITY MANAGER ADDITIONAL AUTHORITY ............................................... 33 134
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CITY OF ROCKLIN MANAGEMENT, CONFIDENTIAL, AND UNREPRESENTED 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 these Rules, Regulations, Benefits and Policies Relating to Management, Confidential, and Other Unrepresented Employees and the Personnel Rules, the language in these Rules, Regulations, Benefits and Policies relating to Management, Confidential, and Other Unrepresented Employees 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 (2017-237). “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 d efined 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 class or group.
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ARTICLE 4. SEVARABILITY
If any provi sion 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 include the following positions, which are designated as such by virtue of the fact that they are privy to information used in the conduct of employer/employee relations.
Administrative Office Clerk
Administrative Office Assistant
Communications Specialist
Department Administrative Specialist
Deputy City Clerk
Executive Assistant
Executive Assistant to the City Manager
Human Resources Technician
Information Technology Analyst-one designated position Legal Secretary
Paralegal
Payroll Technician I/II
Senior Human Resources Technician
ARTICLE 6. MANAGEMENT EMPLOYEES
With the exception of the City Manager and City Attorney, whom are directly appointed by and serve at the pleasure of the City Council pursuant to respective employment agreements , Employees in this group are at-will employees who serve at the pleasure of the 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
Assistant to the City Manager
Associate Management Analyst
Chief Building Official
City Clerk
City Engineer/Deputy Director of Community Development Code Enforcement Program Manager
Deputy Director of Administrative Services
Deputy Fire Chief
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Director of Administrative Services
Director of Community Development
Director of Parks and Recreation
Director of Public Works
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 Information Technology Analyst
Principal Management Analyst
Principal Planner
Public Works Manager
Senior Engineer
Senior Management Analyst
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SECTION II – COMPENSATION
ARTICLE 1. COMPENSATION
1. Salary
Effective, the first full pay period of July 202 5, the City will increase base wages for all management and confidential classifications by 2.0%.
2. Salary Schedules
A. Salary Schedule
The Salary Schedule 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 a n 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
Confidential e mployees will receive 2.5% above annual base salary as special pay to acknowledge their confidential status (c onsistent 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 a 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 sh all become effective at the beginning of a pay period. The effective date of promotion shall establish the employee’s new salary anniversary date.
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6. Executive Allowance
The Executive Allowance is an annual benefit of $4,200 provided to Department Directors to cover business -related expenses, including automobiles, cell phones, and technology (laptop and tablets). This allowance is paid in 26 equal installments, aligned with the City of Rocklin’s payroll schedule . Except as may be provided in an employment ag reement between the City and a City Council -appointed position, positions appointed by the City Council are excluded from this benefit.
ARTICLE 2. 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:
1. The Manager of Police Records and Communications may work overtime in the Classification of Public Safety Dispatch Su pervisor 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.
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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 and 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.
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 exceed s the employee ’s regular commute 140
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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 t he 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, 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 3. CERTIFICATION INCENTIVE PAY-FIRE ONLY
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compensation will be provided only while the employee’s certification is active and valid with the local EMS Agency (LEMSA), and is contingent upon verifica tion of that certification.
B. Deputy Fire Chiefs who hold a current paramedic certification shall receive additional compensation of six hundred fifty dollars ($650) per month (equivalent to three hundred dollars [$300] per pay period). This additional comp ensation will be provided only while the employee’s certification is active and valid with the local EMS Agency (LEMSA), and is contingent upon verification of that certification. Employees receiving paramedic pay are not eligible to receive EMT pay.
ARTICLE 4. 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, who has been in their current position for a minimum of one (1) year 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 4, 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.
Severance pay shall be determined as follows:
Zero through ten years of service: Two (2) months’ base salary. More than ten years of service: Three (3) months’ base salary. Department Directors: Three (3) months’ base salary.
For purposes of this Article 4, '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 4.
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SECTION III – BENEFITS
ARTICLE 1. 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 offers eligible employees enrollment in a CalPERS medical plan under the Public Employee’s Medical and Hospital Care Act (PEMHCA).
From July 1, 2025 until the end of the 2025 benefit year, or as soon as the City can administratively start based on CalPER S’s approval, the City will make a direct monthly contribution towards the premium cost for the PEMHCA medical insurance plan and coverage level selected by each participating employee up to a maximum of $1,200 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. To the extent a participant does not utilize the entire $ 1,200 toward medical premiums, the remainder shall be retained by the City and shall not be cashed out or applied to other benefits.
Commencing January 1, 2026 , the City will make direct monthly contributions towards the premium cost for the PEMHCA medical insurance plan and coverage level selected by each participating employee in an amount equal to the current PEMHCA minimum. The PEMHCA minimum is prescribed by Government Code section 22892 and adjusted annually by CalPERS. The City will also provide a separate cafeteria plan contribution described in the Cafeteria Plan section below.
B. Payroll Deduction
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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
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, 2025, the City shall increase its flexibility benefit contribution to three hundred seventy-five dollars ($375) per month.
All eligible employees must enroll in one of the PEMHCA medical plans unless they submit to the City satisfactory proof of alternative medical insurance coverage that meets the eligible opt-out arrangement requirements listed below.
Commencing January 1, 2026 , or as soon as the City can administratively start based on CalPERS approval of the PEMHCA minimum contribution, for full -time regular employees, the City will provide a cafeteria plan contribution for the employee’s PEMHCA medical plan set at 100% of the Kaiser plan at the employee plus one coverage level ($2,337.16 for 2026 (Kaiser employee +1 tier)), minus the PEMHCA minimum contribution. For part -time regular employees, the City will make a cafeteria plan contribution for the employee’s PEMHCA medical plan at a pro-rated percentage of the Kaiser employee + 1 tier equivalent to the part-time fraction of the FTE position occupied by the part -time regular employe e, minus the PEMHCA minimum contribution.
Any increases to the PEMHCA minimum contribution during the term of this contract will result in a corresponding decrease to the amount of the additional City cafeteria plan contribution, so that the total maximum City contribution to the cafeteria plan and to CalPERS for medical insurance premiums directly never exceeds the 2026 Kaiser employee +1 tier premium described above. 144
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The City contribution to the cafeteria plan shall be adjusted annually based on the January 1 premium payment for the Kaiser employee + 1 tier in the manner described below.
The City will pay 100% of the 2026 Kaiser employee +1 tier premium, minus the PEMHCA minimum contribution . The City will pay eighty percent (80%) of the Kaiser employee +1 tier health insurance premium increase starting with the plan year 2027. The employees will pay twenty percent (20%) of the health insurance premium increase, if any, starting in plan year 2027.
In the event an employee subscribes to a PEMHCA medical plan with a lower monthly premium than that of the Kaiser employee + 1 tier, the City will pay up to but not more than 100% of the premium for that plan. If the emp loyee selects a PEMHCA medical plan with a higher monthly premium, then the employee will pay the balance.
In the event an employee 1) subscribes to a PEMHCA medical plan with a lower monthly premium than that of the Kaiser employee + 1 tier or 2) declines the City medical insurance and takes the Health Coverage Reduction Incentive , the employee shall only be eligible to use a maximum of $ 375 toward purchasing other health benefits under the cafeteria plan, including the Health Flexible Spending Plan.
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 t he employee is in paid status for the full pay period or is on an approved voluntary leave of absence.
In no event shall the cafeteria dollars have cash value.
F. Long-Term Disability Insurance
Management Employees
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.
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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, t he 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 these plans with a minimum of employee -only coverage is required for all employees (“Required Coverage – Employee Only”).
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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, p articipants in the program will receive benefits as follows:
Employee must also meet the following requirements for this program:
The employee must have minimum essential coverage ("MEC") through another source (other than coverage in the individual market, whether or not obtained through Covered California);
The employee and all individuals in the employee’s expected tax family have (or will have) the required minimum essential coverage. An employee’s expected tax family includes all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the employee's plan ye ar to which the opt - out arrangement applies;
The employee must provide reasonable evidence of the MEC for the applicable period to the Human Resources Division. Reasonable evidence may include an attestation by the employee;
The employee must provide the evidence/attestation every plan year; The employee must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g. open enrollment). The evidence/attestation may also be provided within a reasonable time after the plan year starts; and The opt-out payment cannot be made (and the City must not in fact make payment) if the City knows or has reason to know that the employee or a tax family member does not have the alternative coverage.
ARTICLE 2. 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.
Eligibility Categories Maximum Monthly
Payment
No Health – Minimum Required Coverage
(Dental, Vision, Life, & LTD) for Employee Only
$350.00
No Health – Minimum Required Coverage
(Dental, Vision, Life, & LTD) for Employee + One
and Family
$325.00
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ARTICLE 3. FLEXIBLE SPENDING PLAN
The City will continue to make available to employees a Health Flexible Spending Plan and Dependent Care Flexible Spending Plan established pursuant to IRS Section 125 . The Health Flexible Spending 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 . The Dependent Care Flexible Spending Plan also allows the employees to set aside pre-tax income to pay for costs of childcare and adult dependent care. Employees may choose to enroll in the Health Flexible Spending Plan for the coming calendar year . Participants must pay the monthly cost to fund the plan(s) by authorizing biweekly pre-tax payroll deductions.
ARTICLE 4. 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
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
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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) h ighest 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 5. 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 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 d eferred 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.
Effective the first pay period in July 2024, the City will contribute monthly matching funds to deferred compensation for management employees, as noted below. Contributions shall be made prospectively in each pay period, and no retroactive contributions w ill be made.
Management employees hired into a classification covered by this resolution prior to July 1, 2012; shall remain eligible for deferred compensation as noted above and shall not be eligible for the dollar amounts noted herein.
Department Director level: $350.00
Deputy Director level: $200.00
Manager level: $150.00
All other classifications in the management group: $100.00 ARTICLE 6. RETIREE HEALTH BENEFITS
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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 subsequen t 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 7. 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.
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 train ing 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.
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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 taxabi lity of educational reimbursement in effect at the time of the request for reimbursement.
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ARTICLE 8. UNIFORM ALLOWANCE
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 1. 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. 153
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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 hi gher 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 2. 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 for the entire subsequent workday after the holiday to qualify for holiday pay.
ARTICLE 3. 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, u pon 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 accu mulated 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, pu rsuant to the provisions of California Labor Code section 1510.
D. Bereavement leave, as set forth in Article 4.
E. 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 o n 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 D ivision 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 the Human Resources Division of their intent to integrate and must 156
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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 Ti me 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 4. 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.
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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 5. 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 indivi dual 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 calendar year to groups with the accrual rate as noted below:
Department director level (Council-appointed position or exception): 80 hours Deputy director 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 January 1 each year. Should any employee be hired or promoted into a management position after January 1, they shall be credited with a prorated amount of management leave for the balance of the calendar year.
Management leave shall not be cumulative from year-to-year.
At the end of the calendar year, the City will cash out up to one -half (½) of any unused Management Leave based on the employees total accrual rate , at each employee’s regular rate of pay. The cash out will be paid to the employee in the pay period following the pay period that 158
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includes January 1. Any remaining unused Management Leave beyond one half (1/2) of the annual accrual rate will be forfeited.
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 6. 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 fu nctions 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.
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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 Gov ernment 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 e mployee before an employee's unpaid leave begins.
ARTICLE 7. 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) o ther 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 a n 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 no t 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 th e 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 8. 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. 161
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SECTION V – MISCELLANEOUS TERMS AND CONDITIONS
ARTICLE 1. 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) month s 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 pe riod 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 162
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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 2. 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, au nt, 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 Cit y 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 perform ance 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.
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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 wit h 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 3. 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 s uch 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 4. 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.
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ARTICLE 5. 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 s ignificant 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 6. 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.
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Resolution No. 2025- August 26, 2025 Page 1 of 2
1 RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AUTHORIZING THE CITY MANAGER TO OVERFILL ALLOCATED
CLASSIFICATIONS WITHIN THE FIRE AND POLICE DEPARTMENTS
WHEREAS, public safety is of utmost importance to the City Council and our community; and
WHEREAS, from time to time, the Fire or Police Department s have the need to “overfill” a position due to anticipated retirement or similar dates on which an employee with the Fire or Police Department’s conclusion of employment with the City is known ; and
WHEREAS, the City Council desires to provide the City Manager with authority and discretion necessary to overfill such positions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:
Section 1. The Recitals are true and correct and are incorporated herein by reference.
Section 2. The City Manager is authorized to take actions reasonably necessary to overfill a position in the Fire Department or Police Department as set forth herein.
Section 3. The City Manager is authorized to overfill a position in the Fire Department or Police Department when a position, which is critical to the department’s day-to-day operations, will be vacated through retirement, voluntary separation, or similar circumstances, such that the uninterrupted continuity of operations requires that the responsibilities fulfilled by the position must continue with minimal or no delay.
Section 4. The City Manager may approve a n overfill position prior to the date of separation or retirement or such other date as the City Manager deems appropriate.
Section 5. The overfill must be made from an established eligibility list.
Section 6. The duration of the overfill position may not exceed one year.
Section 7. City Manager may require one or more of the following before determining whether to overfill a position: (a) a written confirmation or notice of retirement, resignation with the spec ific termination date from the incumbent, or other similar anticipated vacancy, which will be effective within the next twelve months or such other period as the City Manager deems appropriate for operational purposes ; (b) the overfill 166
Resolution No. 2025- August 26, 2025 Page 2 of 2
1 position be filled using a competitive recruitment process, or other process acceptable to the City Manager, to determine a successor to the position in accordance with applicable City rules and policy; (c) a request to overfill the position has been made by the Chief of Police or Fire Chief, or is initiated by the City Manager, including information identifying the length and duration of the requested overfill, budgetary implications, and a list of specific tasks and responsibilities expected to be fully transitioned by the outgoing incumbent and new hire during this period.
Section 8. The authority granted to the City Manager pursuant to this Resolution shall be in addition to any “Transition Overlap” authority set forth in the City’s Personnel Rules.
PASSED AND ADOPTED this 26th day of August, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_______________________________
Jill Gayaldo, Mayor
ATTEST:
______________________________
Avinta Singh, City Clerk
167
City Council
Staff Report
Subject:
Cooperative Purchase Agreements for Fiscal Year 2025/26 - Repeal and Replace Resolution No. 2025-126
Date:
August 26, 2025
Submitted By:
Megan Bressem, Management Analyst
Daniel Choe, Administrative Services Deputy Director
Department:
Administrative Services - Finance
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Repealing Resolution No. 2025- 126 and Authorizing the City Manager to Purchase Goods and Services through Cooperative Purchase Agreements for Fiscal Year 2025/26.
Background:
Throughout the year, City departments have a need for ongoing purchasing of goods and services for departmental operations. These purchases are necessary to ensure the continued delivery of programs and services citywide. As part of the annual budget planning process, staff reviewed cooperative purchasing programs and estimated the anticipated costs for goods and services for Fiscal Year (FY) 2025/26 and made recommendations to adopt a resolution to authorize the City Manager to purchase goods and services through cooperative purchasing programs to allow for ongoing purchasing for department operations at competitively bid prices with the listed vendors for FY 2025/26.
On June 24, 2025, the City Council adopted Resolution No. 2025-126 (Attachment 3), authorizing the use of cooperative purchasing agreements consistent with Rocklin Municipal Code Sections 3.04.090(C) and (D). These provisions allow the City to leverage cooperative purchasing programs and piggyback agreements, utilizing contracts established by other governmental agencies.
After approval of Resolution No. 2025-126, staff identified two additional vendors requiring purchasing authority and agreement authorization to meet operational and procurement needs:
Sea-Western, Inc. – Fire hose and fire equipment purchases identified under Sourcewell Contract No. 020124-SEW with purchasing authority of $100,000 (Attachment 4).
Motorola Solutions, Inc. – Communications equipment purchases, including handheld and in-vehicle radios, under H-GAC Contract No. RA05-21 with purchasing authority of $450,000 (Attachment 5).
Item Number C7.
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The attached cooperative agreements for Sea-Western, Inc. and Motorola Solutions, Inc. are for reference only and will undergo City Attorney's Office review before the City Manager executes those consistent with Chapter 3.04.050(A) of the Rocklin Municipal Code and the authority set forth in the attached resolution.
To ensure appropriate oversight and consistency, staff recommends the City Council repeal the previous Resolution (No. 2025-126) with the list of vendors and agreements that the City Manager is authorized to purchase under cooperative purchasing programs for FY 2025/26, and adopt an updated Resolution with an amended list of vendors and agreements (Attachment 1).
Fiscal Impact:
There is no additional fiscal impact to the staff recommendation. Purchasing through these cooperative agreements are made on an as-needed basis and charged to various departments and funds, provided sufficient funds are available in those respective departments/funds in the FY 2025/26 Operating Budget.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - Cooperative Agreements List
3. Resolution No. 2025-126 - Cooperative Purchase Agreements FY 2025/26
4. Sea-Western Inc. Sourcewell Contract No. 020124-SEW
5. Motorola Solutions Inc. H-GAC Contract No. RA05-21
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Resolution No. 2025- August 26, 2025 Page 1 of 2
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
REPEALING RESOLUTION NO. 2025-126 AND
AUTHORIZING THE CITY MANAGER TO PURCHASE GOODS
AND SERVICES THROUGH COOPERATIVE PURCHASE
AGREEMENTS FOR FISCAL YEAR 2025/26
WHEREAS, the City of Rocklin has arrangements/memberships with a number of cooperative purchasing programs that allow member agencies to aggregate individual purchasing power and achieve greater volume discounts than what would be available as a stand-alone agency; and
WHEREAS, using this process, local government agencies can achieve better pricing and streamline purchases by removing repetitive, resource intensive, and costly bid procedures associated with routine purchases; and
WHEREAS, on June 24, 2025, the City Council adopted Resolution No. 2025-126, authorizing the purchase of various goods and services through cooperative purchasing arrangements and piggyback contracts maintained by other governmental agencies under Rocklin Municipal Code Sections 3.04.090 (C) and (D); and
WHEREAS, since adoption of Resolution No. 2025 -126, staff has identified additional vendors and agreements to meet operational and procurement need s in the amount of up to $100,000 in total purchases from Sea -Western, Inc. and in the amount of up to $450,000 in total purchases from Motorola Solutions, Inc. for fire equipment purchases and communication equipment purchases, respectively; and
WHEREAS, in order to update the list of vendors and agreements that the City Manager may purchase through cooperative purchasing arrangements, the City Council desires to repeal Resolution No. 2025-126, and approve this resolution with an amended list of vendors and agreements to include the additional vendors and agreements that staff has identified.
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. The above recitals are true and correct.
Section 2. Resolution No. 2025-126 is hereby repealed.
Section 3. The City Council hereby authorizes the City Manager to utilize the cooperative purchase agreements set forth in Exhibit A, attached heret o to execute one or more contracts, including amendments, and including retroa ctive contracts or amendments, to purchase goods, services, or both through other government agency competitively bid contracts within the scope of the description set forth in Exhibit A or as 170
Resolution No. 2025- August 26, 2025 Page 2 of 2
otherwise provided by the Cooperative Purchase Agreements listed in Exhibit A, provided that no single contract or transaction may exceed $75,000, the City Attorney approves each such contract or amendment as to form and further provided that the total contract not-to-exceed amount of all such contracts shall not exceed amounts set forth in Exhibit A.
PASSED AND ADOPTED this 26th day of August, 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
______________________________
Jill Gayaldo, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
171