Agenda packet — Sierra Madre City Council, October 28, 2025 (part 1 of 2)

CITY COUNCIL

MEETING AGENDA PACKET
Tuesday, October 28, 2025
5:30 pm
Sierra Madre City Council Chambers
232 W. Sierra Madre Boulevard
Sierra Madre, California 91024
Mayor Robert Parkhurst, Mayor Pro Tempore Kristine Lowe Council Members: Edward Garcia, Gene Goss, and Kelly Kriebs AGENDA

REGULAR MEETING

SIERRA MADRE CITY COUNCIL
Tuesday, October 28, 2025
5:30 pm
City of Sierra Madre
City Council Chambers
232 W. Sierra Madre Boulevard
Sierra Madre, California 91024
Robert Parkhurst, Mayor
Kristine Lowe, Mayor Pro Tem
Edward Garcia, Council Member
Gene Goss, Council Member
Kelly Kriebs, Council Member
Sue Spears, City Treasurer
The Brown Act provides the public with an opportunity to make public comments at any public meeting; as an alternative, public comment may be made by e-mail to [email protected] by 3:00PM on the day of the meeting. Emails will be acknowledged at the City Council meeting, filed into public record, and scanned onto the City website for public review.

The meeting will be streamed live on the City’s website at sierramadreca.gov , on Foothills Media website at http://www.foothillsmedia.org/sierramadre and broadcast on Government Access Channel 3 (Spectrum)

CODE OF CONDUCT
The purpose of a City Council meeting is to conduct City business. Members of the public that behave in a manner that interrupts or obstructs the City Council’s ability to conduct City business may be asked to leave the meeting. Any and all demonstrations which disrupt, interrupt, or obstruct the City Council’s ability to conduct City business are prohibited. No signs, posters, or other large objects shall be brought into the Council Chambers or other meeting place if doing so would disrupt, disturb, or otherwise impede the orderly course of the meeting.

CALL TO ORDER/ROLL CALL MEMBERS OF THE CITY COUNCIL
Mayor Robert Parkhurst, Mayor Pro Tem Kristine Lowe, Council Member Edward Garcia, Council Member Gene Goss, Council Member Kelly Kriebs

PLEDGE OF ALLEGIANCE AND INSPIRATION
Council Member Goss

APPROVAL OF MEETING AGENDA
Vote of the City Council to proceed with City business.

APPROVAL OF MEETING MINUTES
Approval of October 14, 2025 City Council Regular Meeting minutes.

APPROVAL FOR READING RESOLUTIONS AND ORDINANCES
Vote of the City Council to read all Ordinances and Resolutions by title only and waive reading in full.

MAYOR AND CITY COUNCIL REPORTS
Reporting of Council Members' activities related to City business.

PUBLIC PARTICIPATION CODE OF CONDUCT
The City Council requests that participants refrain from making personal, slanderous, profane, or disruptive remarks. A person who continues to disrupt the orderly conduct of the meeting after being warned by the Mayor or designee to cease the disruption may be precluded from further participation in the meeting. No signs, posters, or other large objects shall be brought into official meeting places if doing so would disrupt, disturb, or otherwise impede the orderly course of the meeting.

PUBLIC COMMENT
The City Council will listen to the public on any item on the agenda. In addition, the City Council will devote time for public comment on items not on the agenda. Addressing the City Council from the audience is not permitted; all comments addressing the Council must be made from the podium. Only public comment made from the podium will be recognized by the City Council and entered into public record.

Providing Public Comment for Items on the Meeting Agenda Persons wishing to speak on any item on the agenda will be called during the comment period at the time the agenda item is brought forward. Persons wishing to speak on closed session items have a choice of doing so either immediately prior to the closed session or at the time for comments on items at the open session.

Provide Public Comment for Topics not on the Meeting Agenda Time shall be devoted to provide public comments for items not on the agenda. Under the Brown Act, the City Council is prohibited from taking action on items not on the agenda.

Providing Public Comment

1. Any person wishing to provide public comment is asked to complete a comment card. Each speaker will be limited to up to three continuous minutes, which may not be delegated or deferred.

2. Comments addressed to the City Council shall occur during the appropriate time on the agenda and should not be construed as an opportunity for dialogue.

PRESENTATION

1. PRESENTATION FROM PASADENA UNIFIED SCHOOL DISTRICT

ACTION ITEMS
Regardless of staff recommendation on any agenda item, the City Council will consider such matters, including action to approve, conditionally approve, reject, or continue such item.

CONSENT
a) RESOLUTION 25-59 APPROVING CERTAIN DEMANDS
It is recommended that the City Council approve Resolution 25-56 approving payment of City Warrants in the aggregate amount of $662,047.79, Sierra Madre Library Warrants in the aggregate amount of $639,985.51, and Payroll Transfer in the aggregate amount of $563,463.22, for the Fiscal Year ending June 30, 2026.
b) RESOLUTION 25-60 AMENDING THE FISCAL YEAR 2025-26 BUDGET AUTHORIZING A

SUPPLEMENTAL APPROPRIATION FROM THE POLICE DONATION FUND IN THE AMOUNT OF $45,000 AND APPROVAL OF A PURCHASE ORDER WITH IRV SEAVER BMW FOR THE ACQUISITION

OF A POLICE MOTORCYCLE
It is recommended that the City Council adopt Resolution 25-60. c) RESOLUTION 25-64 AMENDING THE EXECUTIVE MANAGEMENT CLASSIFICATION PLAN AND

SALARY MATRIX TO ESTABLISH THE PUBLIC WORKS DIRECTOR/CITY ENGINEER POSITION AND

ALIGN THE PLANNING & COMMUNITY PRESERVATION DIRECTOR RANGE It is recommended that the City Council adopt Resolution 25-64. d) RESOLUTION 25-65 AUTHORIZING AN APPROPRIATION FROM FUND 32012 – DOWNTOWN

LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FUND BALANCE AND APPROVAL OF A

CONTRACT FOR THE BANNER POLE INSTALLATION PROJECT IN KERSTING COURT It is recommended that the City Council approve Resolution 25-65. e) RESOLUTION 25-66 AMENDING THE CLASSIFICATION PLAN AND SALARY MATRIX FOR

CLASSIFIED EMPLOYEES ASSOCIATION, SIERRA MADRE PROFESSIONAL FIREFIGHTERS

ASSOCIATION, CONFIDENTIAL-EXEMPT, AND EXECUTIVE MANAGEMENT It is recommended that the City Council approve Resolution 25-66. f) ASSEMBLY BILL (AB) 1600 MITIGATION FEE ACT COMPLIANCE REPORT It is recommended that the City Council receive and file this report. g) SECOND READING OF ORDINANCE 1487 AMENDING VARIOUS CHAPTERS OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE SIERRA MADRE MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2025 CALIFORNIA BUILDING STANDARDS CODES WITH CERTAIN

EXCEPTIONS, MODIFICATIONS, AND ADDITIONS
It is recommended that the City Council adopt Ordinance 1487.

PUBLIC HEARINGS

1. ORDINANCE NO. 1486 AMENDING CHAPTER 15.24 (FIRE CODE) AND ADDING CHAPTER 15.25 (CALIFORNIA WILDLAND URBAN INTERFACE CODE) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE SIERRA MADRE MUNICIPAL CODE It is recommended that the City Council introduce for first reading by title only, recommending adoption of Ordinance No. 1486

2. ORDINANCE NO. 1488 APPROVING A MUNICIPAL CODE TEXT AMENDMENT (MCTA 25-03) AND RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING CHAPTER 17.72 (“SIGNS”) OF TITLE 17 (“ZONING”) OF THE SIERRA MADRE

MUNICIPAL CODE
It is recommended that the City Council introduce for first reading by title only, recommending adoption of Ordinance No. 1488

DISCUSSION

1. REVIEW AND POTENTIAL AMENDMENT OF SIERRA MADRE CODE OF ORDINANCES TITLE 10 – VEHICLES AND TRAFFIC CHAPTER 10.52 PARKING PROHIBITIONS ON

YELLOW AND RED FLAG ALERTS DAYS
It is recommended that the City Council provide staff with direction.

AVAILABILITY OF AGENDA MATERIALS
Materials related to items on this agenda are available for public inspection on the City’s website at sierramadreca.gov.

LIVE BROADCASTS
Regular City Council meetings are broadcast live on Cable Channel 3 and rebroadcast on Wednesday and Saturday at 5:30 p.m.

MEETING ASSISTANCE
If you require special assistance to participate in this meeting, please call the City Clerk’s office at (626) 355-7135 at least 48 hours prior to the meeting.

ADJOURNMENT
The City Council will adjourn to Special Meeting on Tuesday, November 18, 2025.

MINUTES

REGULAR MEETING

SIERRA MADRE CITY COUNCIL
Tuesday, October 14, 2025
5:30 pm
City of Sierra Madre
City Council Chambers
232 W. Sierra Madre Boulevard
Sierra Madre, California 91024
Robert Parkhurst, Mayor
Kristine Lowe, Mayor Pro Tem
Edward Garcia, Council Member
Gene Goss, Council Member
Kelly Kriebs, Council Member
Sue Spears, City Treasurer
The Brown Act provides the public with an opportunity to make public comments at any public meeting; as an alternative, public comment may be made by e-mail to [email protected] by 3:00PM on the day of the meeting. Emails will be acknowledged at the City Council meeting, filed into public record, and scanned onto the City website for public review.

CALL TO ORDER/ROLL CALL MEMBERS OF THE CITY COUNCIL
Mayor Parkhurst called the meeting to order at 5:31 p.m. City Clerk Aguilar called the roll.

Present: Mayor Robert Parkhurst, Mayor Pro Tem Kristine Lowe, Council Member Edward Garcia, Council Member Gene Goss, and Council Member Kelly Kriebs

Absent: None.

Also Present: Michael Bruckner, City Manager
Aleks Giragosian, City Attorney
Miguel Hernandez, Assistant City Manager
Laura Aguilar, City Clerk
Gustavo Barrientos, Police Chief
Brent Bartlett, Fire Chief
Randy Metz, Fire Marshal
Clare Lin, Director of Planning & Community Preservation Sarkis Nazerian, Building Official
Katelyn Huang, Assistant Planner
James Carlson, Senior Analyst

PLEDGE OF ALLEGIANCE AND INSPIRATION
Council Member Garcia led the audience in the pledge of allegiance. He then shared historical events that occurred in past years on this day, October 14.

APPROVAL OF MEETING AGENDA
Vote of the City Council to proceed with City business.

Mayor Parkhurst asked for a motion to amend the agenda or approve as presented.

Council Member Kriebs made a motion to approve the agenda as presented.

Mayor Pro Tem Lowe seconded the motion.

Mayor Parkhurst called for a vote of the Council:

Ayes: Mayor Parkhurst, Mayor Pro Tem Lowe, Council Members Garcia, Goss and Kriebs Noes: None.

Absent: None.

Abstain: None.

The motion to approve the agenda as presented was approved by a unanimous voice vote by all Members present.

REPORT OUT FROM CLOSED SESSION
City Attorney Giragosian reported that the City Council met on the following items earlier in Closed Session. No reportable action was taken.

1. CONFERENCE WITH LABOR NEGOTIATOR
(Gov. Code § 54957.6)
City Negotiator: City Manager Michael Bruckner and Assistant City Manager Miguel Hernandez Employee Organization: Sierra Madre Professional Firefighters’ Association

2. CONFERENCE WITH LABOR NEGOTIATOR
(Gov. Code § 54957.6)
City Negotiator: City Manager Michael Bruckner and Assistant City Manager Miguel Hernandez Employee Organization: Sierra Madre Professional Firefighters’ Association

3. CONFERENCE WITH LABOR NEGOTIATOR
(Gov. Code § 54957.6)
City Negotiator: City Manager Michael Bruckner and Assistant City Manager Miguel Hernandez Employee Organization: Sierra Madre Classified Employees’ Association

APPROVAL OF MEETING MINUTES
Approval of September 23, 2025 City Council Regular Meeting minutes.

Mayor Parkhurst asked the Council for any edits to the meeting minutes. Hearing no substantive changes, he asked for a motion regarding the September 23, 2025 Regular Meeting minutes.

Mayor Pro Tem Lowe made a motion to approve the September 23, 2025 Regular Meeting minutes.

Council Member Goss seconded the motion.

Mayor Parkhurst called for a vote of the Council:

Ayes: Mayor Parkhurst, Mayor Pro Tem Lowe, Council Members Garcia, Goss and Kriebs Noes: None.

Absent: None.

Abstain: None.

The motion to approve the meeting minutes as presented was approved by a unanimous voice vote by all Members present.

Mayor Parkhurst then continued the meeting to discuss the reading of resolutions and ordinances by title only.

APPROVAL FOR READING RESOLUTIONS AND ORDINANCES
Vote of the City Council to read all Ordinances and Resolutions by title only and waive reading in full.

Mayor Parkhurst asked for a motion.

Council Member Goss made a motion to approve the reading of ordinances and resolutions by title only.

Council Member Garcia seconded the motion.

Mayor Parkhurst called for a vote of the Council:

Ayes: Mayor Parkhurst, Mayor Pro Tem Lowe, Council Members Garcia, Goss and Kriebs Noes: None.

Absent: None.

Abstain: None.

The motion to approve the reading of ordinances and resolutions by title only was approved by a unanimous voice vote by all Members present.

MAYOR AND CITY COUNCIL REPORTS
Reporting of Council Members' activities related to City business.

Mayor Pro Tem Lowe
Reported that she attended the Sierra Madre Community Foundation Whiskey and Wine Tasting fundraiser on September 27.

On October 2, she attended a joint meeting with the California Workforce Development Board and Foothill Workforce Development Board. The focus of the meeting was to determine what the needs are for this area since the fires; developing a master plan career check certification, and livable wages.

On October 5 she attended the Mt. Wilson Trail Race Recovery Run.

From October 8 – 10 she attended the Cal Cities annual conference in Long Beach.

Council Member Goss
On September 27 he attended the Sierra Madre Community Foundation Whiskey and Wine fundraiser.

On October 7 he attended a meeting of the Library Ad-Hoc Committee for updates on the project.

Reported that he attended the Mt. Wilson Trail Race Recovery Run.

Council Member Goss also reported that he attended the League of California Cities Annual Conference in Long Beach.

Council Member Garcia
Reported that he attended the October 1, 2025 meeting of the Sierra Madre Chamber of Commerce. The main discussion was this year’s Winter Fest. The event will be on December 6 from 12:00 pm – 8:00 pm.

Council Member Garcia also reported that he attended the Senior Community Commission meeting on October 2. The City Clerk made a presentation on the Brown Act.

On October 5, 2025 he attended the Mt. Wilson Trail Race Recovery Run Between October 8 -10 he attended the League of California Cities Annual Conference in Long Beach He also reported attending the Art Walk throughout town on October 10.

Lastly, he reported that he attended the ribbon cutting ceremony for Alverno Height’s Academy Sports Courts
Council Member Kriebs
Reported that she participated in the Mt. Wilson Trail Race Recovery Run. She also reported that she attended the League of California Cities Annual Conference in Long Beach and reported on two of the sessions that she attended.

Mayor Parkhurst
Reported that he attended a September 26 retreat with the Clean Power Alliance. The discussion included questions about how soon to transition to 100% renewable energy.

On October 8 he attended a meeting with the Clean Power Alliance. The discussion included the wind project with Sun-Zia.

On September 24 he attended a meeting with the Los Angeles County Sanitation District. No reportable action from that meeting.

On October 1 he attended a meeting with the Transportation Sub-Committee. The Committee discussed Dial-A-Ride and Gateway Coach transportation.

On October 1 he attended the Natural Resources Commission meeting.

Attended the League of California Cities Annual Conference in Long Beach and reported on some of the sessions that he attended.

On October 11 he attended the memorial service for Charlie Bell at Mt. Wilson Trail Park.

On October 11 he also attended the Fire Department festival, and later that day the Kiwanis’ Club Chili Cook Off. Mayor Parkhurst congratulated the Fire Department for winning two awards at the Cook Off.

Providing Public Comment

1. Any person wishing to provide public comment is asked to complete a comment card. Each speaker will be limited to up to three continuous minutes, which may not be delegated or deferred.

2. Comments addressed to the City Council shall occur during the appropriate time on the agenda and should not be construed as an opportunity for dialogue.

Mayor Parkhurst opened the podium for public comment on items not on the agenda. City Clerk Aguilar disclosed that one e-mail was received in advance of the City Council meeting, for items not on the agenda, from Glenn Hickman.

City Clerk Aguilar announced that three speaker cards had been submitted for items not on the agenda.

1. Pete Siberell, 331 Sturtevant Dr: Provided an update on the success of the 5k Mt. Wilson Trail Race Recovery Run.

2. Liz DeKam, 152 E. Laurel: thanked City staff, the City Council for their public service. She also thanked the Council for banning gas leaf blowers. She went on to thank the Mt. Wilson Trail Race Committee for the 5k walk/run for Mt. Wilson Trail Recovery. She provided comment on in support of the demolition project at 190 Merrill Ave. Lastly; she provided input on open heap compost piles and requested the City Council ban open heap compost piles.

3. Chris Holden: shared that since leaving the California Assembly he became CEO of L.A.

Fire Justice, a consortium created after the Eaton Fire.

4. Ellen Andrews, Upper Canyon: shared her comments and recommendations on the Eaton Fire Report.

Seeing no one else come forward, Mayor Parkhurst closed public comment and moved on to presentations.

PRESENTATIONS

1. SIERRA MADRE POLICE DEPARTMENT REPORTED BEAR ACTIVITY UPDATE Police Chief Barrientos provided statistical data and information on the recent bear activity.

2. PRESENTATION BY KIMLEY-HORN AND ASSOCIATES FOR GENERAL PLAN

UPDATES TO OPEN SPACE AND CONSERVATION ELEMENTS
Planning Director Lin introduced Surabhi Bakbhaya from Kimley-Horn for an update on the Parks and Open Space Element and Conservation Element of the General Plan

ACTION ITEMS
Regardless of staff recommendation on any agenda item, the City Council will consider such matters, including action to approve, conditionally approve, reject, or continue such item.

At the conclusion of the presentations, Mayor Parkhurst moved onto Action Items. City Clerk Aguilar read the following reports:

CONSENT
a) CONSIDERATION OF RESOLUTION 25-56 APPROVING CERTAIN DEMANDS It is recommended that the City Council approve Resolution 25-56 approving payment of City Warrants in the aggregate amount of $457,429.31, Sierra Madre Library Warrants in the aggregate amount of $32,955.16, and Payroll Transfer in the aggregate amount of $642,028.77, for the Fiscal Year ending June 30, 2026. b) CONSIDERATION OF RESOLUTION 25-57 APPROVING A SETTLEMENT AGREEMENT

AND SPECIFIC RELEASE OF CLAIMS WITH THE SIERRA MADRE PROFESSIONAL

FIREFIGHTERS ASSOCIATION AND INDIVIDUAL CURRENT EMPLOYEE MEMBERS It is recommended that the City Council adopt Resolution 25-57 approving $37,141.32 in back payments due to the members of the Sierra Madre Professional Firefighters Association (SMPFA or Association) under both the Fair Labor Standards Act (FLSA) and Memorandum of Understanding (MOU) with SMPFA.
c) OTHER POST EMPLOYMENT BENEFITS (OPEB) FUNDING POLICY COMPLIANCE AND FISCAL YEAR 2025-2026 GOVERNMENTAL ACCOUNTING STANDARDS BOARD (GASB) STATEMENT No. 75 ACTUARIAL VALUATION
It is recommended that the City Council receive and file the Fiscal Year 2025-2026 Governmental Accounting Standards Board Statement No. 75 Actuarial Valuation of the Other Post-Employment Benefits Trust, confirming continued compliance with the City's Pension and Other Post-Employment Benefits Funding Policy. d) STRATEGIC PLAN UPDATE
It is recommended that the City Council receive and file this informative report.

At the conclusion of City Clerk Aguilar’s report, Mayor Parkhurst brought the matter to the City Council for questions then opened the topic for public comment. City Clerk Aguilar noted for the record that no e-mails had been received prior to the City Council meeting.

Seeing no one come forward, Mayor Parkhurst closed Public Comment and brought the discussion back to Council.

Mayor Parkhurst asked the Council for a motion.

Council Member Garcia made a motion to approve Consent A-D as presented.

Council Member seconded Kriebs the motion.

Mayor Parkhurst called for a vote of the Council:

Ayes: Mayor Parkhurst, Mayor Pro Tem Lowe, Council Members Garcia, Goss and Kriebs Noes: None.

Absent: None.

Abstain: None.

Consent Items Consent A-D were approved as amended by majority voice vote.

PUBLIC HEARINGS

1. ORDINANCE NO. 1486 RELATING TO THE ADOPTION AND AMENDMENTS TO THE 2025 INTERNATIONAL FIRE CODE AND THE 2025 CALIFORNIA FIRE CODE

UPDATES
It is recommended that the City Council introduce for first reading Ordinance No. 1486 pursuant to the 2025 California Fire Code and 2025 California Wildland Urban Interface Code amendments.

City Attorney advised the Council that this item was not properly noticed. The Public Hearing Notice indicated adoption and amendments to the International Fire Code but should have instead stated California Wildland Urban Interface Code amendments. He went on to say that the report would be presented this evening to the City Council but would come back at a future meeting for first reading of Ordinance 1486, once the public hearing is re-noticed.

This report was presented by Fire Chief Bartlett and Fire Marshal Metz.

At the conclusion of their report, Mayor Parkhurst brought the matter to the City Council for questions then opened the topic for public comment. City Clerk Aguilar noted for the record that no e-mails had been received prior to the City Council meeting.

Paula Andrews, Upper Canyon: asked if these amendments were also being adopted by Altadena.

The City Council did not take action on this Public Hearing. At the conclusion of public comment, the Mayor moved onto the next item on the agenda.

2. ORDINANCE NO. 1487 AMENDING THE MUNICIPAL CODE TO AMEND AND ADOPT BY REFERENCE THE 2025 CALIFORNIA BUILDING STANDARDS CODE

WITH CERTAIN EXCEPTIONS, MODIFICATIONS AND ADDITIONS
It is recommended that the City Council introduce for first reading by title only, recommending adoption of Ordinance No. 1487 pursuant to the 2025 California Building Standards Code amendments.

This report was presented by Planning & Community Preservation Director Lin and Building Official Nazerian
At the conclusion of their report, Mayor Parkhurst brought the matter to the City Council for questions then opened the topic for public comment. City Clerk Aguilar noted for the record that no e-mails had been received prior to the City Council meeting.

Seeing no one come forward, Mayor Parkhurst closed Public Comment and brought the discussion back to Council.

Mayor Parkhurst asked the Council for a motion.

Council Member Goss made a motion to approve first reading of Ordinance 1487.

Mayor Pro Tem Lowe seconded the motion.

Mayor Parkhurst called for a vote of the Council:

Ayes: Mayor Parkhurst, Mayor Pro Tem Lowe, Council Members Garcia, Goss and Kriebs Noes: None.

Absent: None.

Abstain: None.

The motion was approved by unanimous voice vote.

3. RESOLUTION 25-58 APPROVING AND AUTHORIZING THE CITY’S

PARTICIPATION IN THE PERMANENT LOCAL HOUSING ALLOCATION

PROGRAM
It is recommended that the City Council adopt Resolution 25-58 to allocate and authorize the City’s participation in the Year 5 Permanent Local Housing Allocation (PLHA) Program
This report was presented by Assistant Planner Huang.

At the conclusion of her report, Mayor Parkhurst brought the matter to the City Council for questions then opened the topic for public comment. City Clerk Aguilar noted for the record that no e-mails had been received prior to the City Council meeting.

Seeing no one come forward, Mayor Parkhurst closed Public Comment and brought the discussion back to Council.

Mayor Parkhurst asked the Council for a motion.

Mayor Pro Tem Lowe made a motion to approve Resolution 25-58.

Council Member Kriebs seconded the motion.

Mayor Parkhurst called for a vote of the Council:

Ayes: Mayor Parkhurst, Mayor Pro Tem Lowe, Council Members Garcia, Goss and Kriebs Noes: None.

Absent: None.

Abstain: None.

The motion to adopt Resolution 25-58 was passed by unanimous voice vote.

DISCUSSION

1. REPORT, DISCUSSION, AND DIRECTION REGARDING A

MEMORANDUM OF UNDERSTANDING WITH PUSD FOR CROSSING GUARD

SERVICES
It is recommended that the City Council authorize and direct the City Manager to enter into a memorandum of understanding for a 50/50 cost sharing arrangement with Pasadena Unified School District (PUSD) for crossing guard services.

City Manager Bruckner presented the report to the City Council.

At the conclusion of his report, Mayor Parkhurst brought the matter to the City Council for questions then opened the topic for public comment. City Clerk Aguilar noted for the record no e-mails had been received prior to the City Council meeting.

Seeing no one come forward, Mayor Parkhurst closed Public Comment and brought the discussion back to Council.

Council Member Goss made a motion to authorize the City Manager to enter into a 50/50 cost-sharing agreement with PUSD for crossing guards.

Mayor Pro Tem Lowe seconded the motion.

Mayor Parkhurst called for a vote of the Council:

Ayes: Mayor Parkhurst, Mayor Pro Tem Lowe, Council Members Garcia, Goss and Kriebs Noes: None.

Absent: None.

Abstain: None.

The motion was approved by a unanimous voice vote.

Mayor Parkhurst continued the meeting, asking Council if they would like to add any items to future meetings.

FUTURE ITEMS
Council Member Kriebs:

Requested the discontinuation of Bear Updates
Requested an update on the changes to the Brown Act
Council Member Garcia:

Requested a report on the City’s evacuation plan and communications plan, including sirens and Sound alert systems.

Mayor Pro Tem Lowe:

Requested an update for the Yucca Trail Debris Basin and Nature Friends Analysis for an economic development plan
Hearing no other requests from Council, Mayor Parkhurst asked for a motion to adjourn the meeting.

Council Member Goss made a motion to adjourn the meeting.

Council Member Garcia seconded the motion to adjourn.

Mayor Parkhurst called for a vote of the Council:

Ayes: Mayor Parkhurst, Mayor Pro Tem Lowe, Council Members Garcia, Goss, and Kriebs Noes: None.

Absent: None.

Abstain: None.

The motion to adjourn the meeting to the next Regular meeting on October 28, 2025 at this same location was approved by all Members at 7:58 pm.

Minutes taken and typed by: Approved by Council Action:
_____________________ _______________________________
Laura M. Aguilar Robert Parkhurst
City Clerk Mayor

AVAILABILITY OF AGENDA MATERIALS
Materials related to items on this agenda are available for public inspection on the City’s website at sierramadreca.gov.

LIVE BROADCASTS
Regular City Council meetings are broadcast live on Cable Channel 3 and rebroadcast on Wednesday and Saturday at 5:30 p.m.

MEETING ASSISTANCE
If you require special assistance to participate in this meeting, please call the City Clerk’s office at (626) 355-7135 at least 48 hours prior to the meeting.

ADJOURNMENT
The City Council will adjourn to its Regular Meeting on Tuesday, October 28, 2025.

City of Sierra
Madre
Agenda Report
Robert Parkhurst, Mayor
Kristine Lowe, Mayor Pro Tem
Edward Garcia, Council Member
Gene Goss, Council Member
Kelly Kriebs, Council Member
Sue Spears City Treasurer
TO: Honorable Mayor and Members of the City Council
FROM: Gustavo Barrientos, Police Chief
Veronica Saucedo, Acting Police Captain
REVIEWED BY: Michael Bruckner, City Manager
DATE: October 28, 2025
SUBJECT: RESOLUTION NO. 25-60 AMENDING THE FISCAL YEAR 2025/2026

BUDGET TO PROVIDE A SUPPLEMENTAL APPROPRIATION IN THE
AMOUNT OF $45,000 IN THE POLICE DONATION FUND AND

APPROVAL OF A PURCHASE ORDER WITH IRV SEAVER

MOTORCYCLES BMW FOR THE ACQUISITION OF ONE POLICE

MOTORCYCLE

STAFF RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 25-60 amending the Fiscal Year 2025/2026 budget to provide a supplemental appropriation in the Police Donation Fund in the amount of $45,000 and approval of purchase order with Irv Seaver Motorcycles BMW for the acquisition of a police motorcycle.

ALTERNATIVES
x Approve with modifications
x Do not approve and provide additional direction.

SUMMARY
The City seeks to provide a dedicated police motorcycle to enhance Sierra Madre Police Department’s (SMPD’s) flexibility and visibility for targeted traffic enforcement. With the acquisition of a police motorcycle, the SMPD will enhance directed enforcement efforts, particularly in school zones. The 2026 BMW R1300RT-P is a factory-produced Authority Model designed specifically for law-enforcement use and configured with specialized police equipment.

Because these motorcycles are manufactured in limited production runs and distributed only through authorized BMW Motorrad “Authority” dealers, Irv Seaver Motorcycles is identified as a single-source vendor for this region. The vendor has confirmed that, upon receipt of the purchase order, the unit will be available within 90 to 180 days.

The Sierra Madre Police Department currently has a trained Peace Officer Standards and Training (POST)-certified motorcycle officer. As a result, no additional costs will be incurred for training, certification, or staffing.

CEQA REVIEW

The proposed action does not constitute as a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can be determined with certainty that it will have no impact on the environment.

STRATEGIC PLAN CORRELATION
Approval of the recommended action supports Goal 2: Public Safety, Objective 2.2: Securing Sierra Madre’s Safety – Sustainable Police Funding, and specifically Initiative 2.2.3: Ensure Adequate Equipment and Technology of the City’s 2025–2026 Strategic Plan.

This initiative prioritizes maintaining modern, safe, and reliable equipment necessary for effective law enforcement operations. Authorizing the purchase of a new Police Department motorcycle strengthens officer readiness, mobility, and community safety, aligning directly with the City’s commitment to safeguard lives and sustain high-quality public safety services.

FISCAL IMPACT
There is no impact to the General Fund and sufficient funding exists in the Police Donations Fund to support this expenditure. Adoption of Resolution No. 25-60 will authorize an appropriation of $45,000 from Fund 35003 – Police Donations Fund for the purchase of one Police Department motorcycle.

PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process. Copies of this report can be accessed on the City’s website at sierramadreca.gov.

ATTACHMENTS

1. Resolution No. 25-60

2. Police Motorcycle Quote
RESOLUTION NO. 25-60

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SIERRA MADRE, CALIFORNIA, AMENDING THE FISCAL
YEAR 2025-26 BUDGET AUTHORIZING A

SUPPLEMENTAL APPROPRIATION FROM THE POLICE
DONATION FUND IN THE AMOUNT OF $45,000 AND

APPROVAL OF A PURCHASE ORDER WITH IRV SEAVER

BMW FOR THE ACQUISITION OF A POLICE

MOTORCYCLE

RECITALS
WHEREAS, The City of Sierra Madre seeks to provide a dedicated police motorcycle to enhance SMPD’s flexibility and visibility for targeted enforcement through the acquisition of a police motorcycle; and
WHEREAS, the City wishes to acquire a police motorcycle, for Sierra Madre Police Department to support directed enforcement efforts in school zones; and WHEREAS, sufficient funding for this activity was not originally included in the adopted Fiscal Year 2025-26 budget and a supplemental appropriation in the Police Donation Fund is required to meet the needs of the City; and WHEREAS, the City Manager has certified that there are sufficient funds available in the Police Donation Fund balance for appropriation.

THEREFORE, THE CITY COUNCIL OF THE CITY OF SIERRA MADRE, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The Recitals above are true and correct and incorporated herein by reference.

SECTION 2. Appropriation. The sum of Forty- Five Thousand Dollars ($45,000) is hereby appropriated to Police Donation Fund for the purchase of a Police Department motorcycle with an equal reduction in the Police Donation Fund balance.

SECTION 3. CEQA. The proposed action does not constitute as a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can be determined with certainty that it will have no impact on the environment.

SECTION 4. Severability. If any sections, subsections, subdivisions, paragraph, sentence, clause or phrase of this Resolution or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Resolution or any part thereof or exhibit thereto. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraph, sentences, clauses or phrases be declared invalid.

SECTION 5. Certification. Pursuant to Government Code Section 36932, the City Clerk shall certify the passage, approval, and adoption of this Resolution by the City Council.

SECTION 6. Effective Date. This Resolution shall take effect immediately upon adoption.

PASSED, APPROVED, AND ADOPTED this 28th day of October, 2025. __________________________
Robert Parkhurst, Mayor
I HEREBY CERTIFY the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Sierra Madre, California, at a meeting held on the 28th day of October, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:
___________________________
Laura Aguilar, City Clerk

City of Sierra Madre

AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Miguel Hernandez, Assistant City Manager
REVIEWED BY: Michael Bruckner, City Manager
Aleks Giragosian, City Attorney
DATE: October 28, 2025
SUBJECT: RESOLUTION NO. 25-64 REVISING THE CLASSIFICATION

PLAN AND SALARY MATRIX FOR EXECUTIVE

MANAGEMENT

STAFF RECOMMENDATION
It is recommended that the City Council adopt Resolution 25-64 (Attachment 1) amending the Classification Plan and Salary Matrix for Executive Management.

ALTERNATIVES

1. Adopt Resolution 25-64.

2. Provide alternative direction.

SUMMARY
The position of Public Works Director was recently vacated. During that time, the Assistant City Manager has served as Acting Public Works Director. To ensure continuity of operations, the City has contracted with Transtech to provide professional engineering and public works management support, funded through salary savings created by the vacancy and existing contract services budgets.

The Public Works Department is a full-service operation responsible for street maintenance, facility maintenance, fleet management, parks and landscape maintenance, and the City’s water and wastewater utilities. For many years, Public Works and Utilities have operated as a single, combined department; however, the classification and salary range for the Public Works Director has remained largely unchanged during that period.

The current vacancy presents an opportunity to align the Public Works Director role with the department’s scope and service delivery needs. City staff completed:

Robert Parkhurst, Mayor
Kristine Lowe, Mayor Pro Tem
Edward Garcia, Council Member
Gene Goss, Council Member
Kelly Kriebs, Council Member
Sue Spears, City Treasurer

Page 2 of 5 ends

x An update to the Public Works Director job description to reflect modern responsibilities, including oversight of integrated Public Works/Utilities functions, capital project delivery, regulatory compliance, and asset management; and x A salary study to evaluate the City’s competitiveness for comparable positions in similarly situated agencies.

The updated classification clarifies essential functions, knowledge, skills, and abilities; defines leadership expectations for cross-functional teams; and aligns reporting relationships. The market study informs recommended compensation adjustments, if any, to support recruitment and retention.

The revised Public Works Director/City Engineer classification reflects the City’s current operational needs and ensures compliance with California Business & Professions Code §6730.2(a). That section establishes the Legislature’s intent that the same licensure requirements applied to private-sector professional engineers also apply to state and local agencies, and that at least one licensed engineer be designated as the person in responsible charge of each branch of professional engineering practiced by the agency. This can be achieved by hiring a professional engineer or by contracting for on-call engineering services.

Moreover, engineering deliverables produced for or by the City such as public works plans and specifications, plan checks, hydrology/hydraulic analyses, pavement and traffic studies, and other technical reports, must be reviewed and approved (signed and stamped) by a California-licensed professional engineer with responsible-charge authority. This requirement is fundamental for:
x Legal compliance with state licensure law and professional standards; x Technical quality control, ensuring findings and recommendations are sound, reproducible, and defensible; and
x Risk management, reducing exposure related to design defects, construction claims, and audits.

Recently, the City has not maintained on-call relationships with licensed engineering firms for comprehensive responsible-charge services. Establishing a full-time Public Works Director/City Engineer will:
x Provide continuous responsible-charge coverage for the City’s public works and utilities portfolio;
x Streamline plan check and approvals for capital and development projects; x Improve coordination across streets, facilities, fleet, parks/landscape, water, and wastewater functions; and
x Enhance regulatory compliance and documentation (e.g., QA/QC protocols, stamping, and record retention).

If Council does not adopt the combined Public Works Director/City Engineer role, the City can instead retain a standalone Public Works Director and contract for an on-call licensed professional engineer to serve as the City’s “responsible charge” for defined

Page 3 of 5 ends

scopes (including signing and stamping plans and studies), or use licensed engineers on a project-by-project basis through task orders to provide responsible-charge review and approvals as needed.

ANALYSIS
City staff completed a comprehensive review of the Public Works Director role and recommends retitling the classification to Public Works Director/City Engineer to reflect current operational needs and responsible-charge requirements. A redlined job description and a clean version are provided as Attachments 2 and 3. As a best practice prompted by the vacancy, staff conducted a salary study of eleven peer agencies (see Attachment 4). The analysis indicates the City’s current salary range for comparable public works leadership positions is approximately 31% below the average and 38% below the median.

The existing 10-step Range 40 for Public Works Director is $10,833 (Step 1) to $13,529 (Step 10) per month. To address the market gap and improve recruitment competitiveness, staff recommends establishing the Public Works Director/City Engineer salary range at Range 405 $13,529 (Step 1) to $17,404 (Step 10). With this adjustment, the position would be 5% below the average and 10% below the median of the market, substantially improving competitiveness while remaining fiscally prudent.

Range Step 1 Step 10
Current $10,833 $13,529
Proposed $13,529 $17,404
Assuming that any incumbent placement would begin at Step 1 in the proposed range, based on the current FY 2025 fully-burdened budgeted salary, the net cost to the City would be approximately $46,289; however, due to the Public Works Director position allocation in support of various funds and activities, the net cost to the General Fund is only estimated at $9,258. The chart below shows the breakdown.

Fund % Allocated Budget Proposed Net
Water 15 $28,209 $35,152 $6,943
Sewer 15 $28,209 $35,152 $6,943
General 20 $37,612 $46,870 $9,258
Gas Tax 10 $18,806 $23,435 $4,629
ISF - Fleet 20 $37,612 $46,870 $9,258
ISF - Facilities 20 $37,612 $46,870 $9,258
TOTAL 100 $188,060 $234,349 $46,289
Additionally, because several Executive Management classifications share the same salary range as the current Public Works Director, it is recommended that the Planning & Community Preservation Director be aligned with the Public Works Director/City Engineer to maintain internal equity within the Executive Management salary scale. Any change to the Planning & Community Preservation Director’s current salary, however,

Page 4 of 5 ends

will be implemented in conjunction with future fee schedule updates during the FY 2026-2027 budget process to achieve 100% cost recovery.

Based on FY 2024-2025 actuals (unaudited) for the Planning & Community Preservation Department, the department’s cost-recovery performance is as follows:

Permit Revenue $1,525,427
Fire Check Revenue $20,174
Business License $103,042
Total Revenue $1,648,643
Contract Services $907,043
Personnel Costs $693,931
Total Expenditures $1,600,974
Net $47,669
Cost Recovery 103%
Below is the estimated cost to the General Fund to change the Planning & Community Preservation salary schedule to align with the proposed Public Works Director/City Engineer position.

Fund % Allocated Budget Proposed Net
General 100 $192,715 $241,357 $48,642
The net cost to the General Fund for this realignment is approximately $48,642; however, when current fees are adjusted as part of the FY 2026-2027 budget process to account for this change, given the department’s ability to generate 100% cost recovery, there should be minimal impact to the General Fund.

ENVIRONMENTAL (CEQA)
The proposed action does not constitute as a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(4) of the CEQA Guidelines, as this pertains to government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

STRATEGIC PLAN CORRELATION
The proposed action aligns with Strategic Plan Strategy OS 1.1 Improve Recruitment Potential and OS 1.3 to Enhance Staff Retention Efforts.

PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process. Copies of this report can be accessed on the City’s website at sierramadreca.gov.

Page 5 of 5 ends

FISCAL IMPACT
The estimated impact to the General Fund in the current FY 2025-2026 budget year is approximately $9,258 to amend the salary schedule for the new Public Works/City Engineer position. Future impacts for the Planning & Community Preservation Director position salary change are estimated at $48,642 which will be offset by changes in the City’s fee structure to ensure 100% cost recovery.

Attachments

1. Resolution 25-64

2. Public Works Director/City Engineer – Redline

3. Public Works Director/City Engineer – Clean

4. Public Works Director Position Salary Comparisons

5. Executive Management Salary Matrix

6. Executive Management Salary Matrix
RESOLUTION NO. 25-64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIERRA MADRE,

CALIFORNIA MODIFYING THE EXECUTIVE MANAGEMENT CLASSIFICATION

PLAN AND SALARY MATRIX

THE CITY COUNCIL OF THE CITY OF SIERRA MADRE DOES HEREBY RESOLVE:

WHEREAS, the City of Sierra Madre’s Classification Plan and Salary Matrix identifies one full-time Public Works Director/Civil Engineer and Planning and Community Preservation Director which are positions of the Executive Management group; and
WHEREAS, the City Council is authorizing creating a new Range 405 for the Public Works Director/Civil Engineer and;
WHEREAS, the City Council is authorizing adding the Planning and Community Preservation Director position in the amended Compensation Plan and Salary Matrix Range 405 on July 1, 2026;

WHEREAS, in the amended Classification Plan and Salary Matrix, the salary, duties, responsibilities, training, and experience for all other positions remain the same;

NOW, THEREFORE, BE IT RESOLVED
SECTION 1. The City Council adopts the amended City of Sierra Madre Classification Plan and Salary Matrix, included herein as Attachments 5 and 6.

SECTION 2. That the changes to the Executive Management Classification Plan and Salary Matrix by placing the Public Works Director/Civil Engineer in the newly created Range 405 will take effect October 28, 2025.

Section 3. That the changes to the Executive Management Classification Plan and Salary Matrix by adding the Planning & Community Preservation Director position in Range 405 effective July 1, 2026.

Passed, Approved and Adopted on the 28th day of October 2025.

Robert Parkhurst
Mayor, City of Sierra Madre, CA
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted at a regular meeting of the City of Sierra Madre City Council on the 28th day of October 2025 by the Sierra Madre City Council following a roll call vote:

Ayes
Noes
Absent
ATTACHMENT 1
Job Description
Job Title: Public Works Director/City Engineer
Department/Division: Public Works Department
Reports To: City Manager
Exemption Status: Exempt
Work Week: Not Applicable
Classification: Not Applicable
Bargaining Group: Executive Management
Date Prepared: August 3, 2023October 1, 2025 (Revised)

GENERAL PURPOSE
Under general administrative direction, to plans, directs, and manages, and oversee the activities and operations of the Public Works Services Department including streets, water, wastewater, engineering, sanitation, fleet, facilities, infrastructure maintenance, capital improvements, and contract services; establishes department goals, objectives, policies, and procedures; to coordinate assigned activities with other City departments and outside agencies; and to provide highly responsible and complex administrative support to the City Manager.

CLASSIFICATION CHARACTERISTICS
Not Applicable

ESSENTIAL FUNCTIONS
The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned.
x Develops, recommends and implements goals, objectives, policies, operating procedures and controls for engineering design and review, capital construction, and inspection, infrastructure and equipment maintenance and related functions.
x Plans, organizes, assigns, directs, reviews and evaluates the work of staff; selects personnel and provides for their training and development; interprets City policies to employees. x Supervises staff in the areas of streets, facilities, fleet, water and wastewater utilities, parks and landscape maintenance.
x May serve as City Engineer or oversees and coordinates the work of City engineering staff or contract professional experts providing technical services to the City; negotiates and administers consultant contracts. x Prepares and administers capital improvement budgets and projects; ensures that such projects are completed within plans, specifications, and budgets and in a timely manner; directs and coordinates public works inspection activities.

City of Sierra Madre
232 W. Sierra Madre Blvd.

Sierra Madre, CA 91024
(626) 355-7135 Fax (626) 355-2251
www.cityofsierramadre.comsierramadreca.gov
x Develops and administers the Department's budgets; oversees and completes the preparation, submission, and implementation of all budgets for building and equipment maintenance, and the water, wastewater, parks, and streets operations; prepares and/or reviews staff reports, contracts, agreements, resolutions, ordinances, and bid documents for the various functions; monitors the approved department budget; coordinates with outside vendors for various supplies and services; requisitions and orders needed materials, parts, and equipment.
x Directs and coordinates the work of staff involved in the maintenance and repair of City streets, storm and sanitary sewers, water production and distribution facilities; landscaped areas, facilities and equipment; recommends and oversees contract maintenance and repair services as appropriate. x Directs and monitors contract services for assessment districts’ maintenance. x Develops and implements work standards, reporting procedures and related internal controls to support effective management of assigned functions.
x Oversees the selection, training, motivation, and evaluation of personnel; assumes responsibility for motivating and evaluating assigned personnel; provides necessary training; initiates disciplinary procedures as is appropriate.
x Maintains complete records of the water system and wastewater collection infrastructure; water sampling and testing; provides coordination of water and wastewater utility programs and projects. x Attends meetings and makes oral presentations before the City Council, commissions, committees, community groups, boards, and other governmental agencies.
x Monitors legislation and developments related to planning, building, and public works related matters; evaluates their impact upon City activities; recommends and implements improved policies and procedures. x Responds to difficult questions and concerns from the general public, contractors, vendors, and outside agencies; provides information as is appropriate and resolves public service or operational complaints; establishes and maintains a customer service orientation within assigned department. x Establishes positive working relationships with representatives of community organizations, state/ local agencies and associations, City management and staff, and the public.

Performs other related duties as required.
x
x Performs contract administration of public works projects including the technical review and approval of plans, designs and construction.
x Supervises staff in the areas of Streets, Fleet mechanic, Utilities, Parks maintenance; assigns, reviews, plans, and coordinates work, selects new employees; responsible for approving promotions, salary increases, transfers or discharges; performs personnel evaluations; x Enforces rules and regulations governing projects including contractual works records and preparation of required reports;
x Monitors work progress and valuates products, methods and procedures utilized to ensure work is completed in a safe, effective and timely manner;
Establishes work schedules and priorities for staff according to over-all departmental directives and timelines; develops and implements work methods for assigned tasks;
Prepares the Department Budget; monitors and records accounts receivables, purchase requisitions and invoices; Develops and implements the Department's Capital Improvement Program and budget; directs the preparation of plans, specifications, cost estimates and contract documents; oversees the administration of contracts; visits construction sites to ensure conformance to plans; reviews and approves payments and billings for contract services.

Investigates and resolves disputes and complaints from developers, contractors, engineers, and citizens involving public works construction.

Reviews legal descriptions for public easements for street right-of-ways and private properties.

Monitors the condition of the City's infrastructure, including streets, sidewalks, curbs, gutters, storm drains, sewer collection system, water distribution system, buildings, trees, traffic control device, and other related facilities and equipment for maintenance, repair and replacement.

Coordinates engineering and building activities relating to City’s Public Work’s operation; Plans, designs, and reviews the City’s and Community Development Agency’s capital improvement programs and traffic engineering function, including traffic, signage and street light maintenance; Participates in monthly safety meeting and in safety related programs; Develops, implements and maintains departmental goals, objectives, policies and procedures; reviews and evaluates work methods and procedures for improving organizational performance, enhancing services and meeting goals; ensures that goals are achieved.

Plans, directs and develops the Department's work plan; assigns work activities and responsibilities to appropriate department personnel; reviews and evaluates organizational effectiveness and productivity; identifies and resolves problems and/or issues.

Establishes positive working relationships with representatives of community organizations, state/local agencies and associations, City management and staff, and the public.

Performs other related duties as required.

QUALIFICATIONS GUIDELINES
Language Ability and Interpersonal Communication:
x Ability to comprehend and correctly use a variety of informational documents including water quality reports, budget reports, correspondence and development plans;
x Ability to prepare personnel performance evaluations, water productions charts, Waste wastewater productions charts, building permits charts, excavation permits, correspondence and reports to the City Council reports to the City Council;
x Ability to comprehend a variety of reference books and manuals including Subdivision Map Act, City Code book, Green Book, Transportation Handbook, and personnel Rules and Regulationsrelated to civil, water, wastewater, traffic, and transportation engineering;;
x Ability to communicate effectively with coworkers, staff, citizens, City Administrators, and personnel from other agencies, such as Los Angeles County, CALTRANS, State Office of Drinking Water and USDA Soil Conservation orally and in writing.
x Ability to Provide administrative and professional leadership and direction for the Public Works Services Department.
x Develop, implement, and administer goals, objectives, and procedures for providing effective and efficient public works services.
x Plan, organize, direct, and coordinate the work of management, supervisory, professional, technical, and clerical personnel; delegate authority and responsibility. x Select, supervise, train, and evaluate staff.
x Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals.
x Research, analyze, and evaluate new service delivery methods, procedures, and techniques. x Prepare and administer large and complex budgets; allocate limited resources in a cost effective manner. x Prepare clear and concise administrative and financial reports. x Interpret and apply the policies, procedures, laws, codes, and regulations pertaining to assigned programs and functions.
x cCommunicate clearly and concisely, both orally and in writing, and maintain effective working relationships x Ability to interpret, explain, and apply applicable laws, codes, and regulations; x Ability to read, interpret, and record data accurately; x Ability to organize, prioritize, and follow-up on work assignments; x Ability to work independently and as part of a team; and x Ability to make sound decisions within established guidelines and analyze a complex issue and develop and implement an appropriate response.

Education/Training/Experience:

Any combination of education and experience that has provided the knowledge, skills, and abilities, or the equivalent of sSeven years of progressively responsible experience in public works, public utility, city engineering, administration, operation, methods and procedures and including construction, drafting, and budgeting; at least two three years in supervisory capacity. Equivalent to graduation from a four year college or university with major coursework in; a bachelor’s degree in cCivil eEngineering or a related field. Master’s degree is highly desirable. ; or any equivalent combination of training and experience which provide the required skills, knowledge and abilities Licenses; Certificates; Special Requirements:

Registration in the State of California as a Professional Civil Engineer is preferred but not required. A valid Class C California driver’s license or higher.

PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

PYSICAL DEMANDS:

While performing the duties of this job, the employee is regularly required to use hands to finger, handle, feel or operate objects, tools or controls; reach with hands and arms; stand; talk and hear; walk; sit; climb or balance; stoop, kneel, crouch or crawl; and lift or move up to 100 50 pounds.

Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to adjust focus.

MENTAL DEMANDS:

While performing the duties of this class, employees are regularly required to use written and oral communication skills; read and interpret data, information and documents; analyze and solve problems; use math and mathematical reasoning; observe and interpret situations; learn and apply new information or new skills; work under deadlines with constant interruptions; interact with City staff and other organizations; and frequently deal with dissatisfied or quarrelsome individuals.

WORK ENVIRONMENT
While performing the duties of this job, the employee regularly works in outside weather conditions. The employee is regularly exposed to wet and/or humid conditions, traffic, and risk of electrical shock. The noise level in the work environment is usually moderate.

DISASTER SERVICE WORKERS
All City of Sierra Madre employees are designated Disaster Service Workers through state and local law (California Government Code Section 3100-3109). Employment with the City requires the affirmation of a loyalty oath to this effect. Employees are required to complete all Disaster Service Worker-related training as assigned, and to return to work in the event of an emergency.

EQUAL OPPORTUNITY EMPLOYER
The City of Sierra Madre is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, the City of Sierra Madre will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer.

This Job Description has been prepared for the City of Sierra Madre for using in planning, staffing, budgeting and/or evaluation of employees. It also provides employees with guide to the duties they are expected to effectively perform in the course of their employment with the City of Sierra Madre.

I have read the Job Description and believe that it does accurately define the job.

Employee Signature Date
Department Head / Supervisor Signature Date
Job Description
Job Title: Public Works Director/City Engineer
Department/Division: Public Works Department
Reports To: City Manager
Exemption Status: Exempt
Work Week: Not Applicable
Classification: Not Applicable
Bargaining Group: Executive Management
Date Prepared: October 1, 2025 (Revised)

GENERAL PURPOSE
Under administrative direction, plans, directs, and manages, the activities and operations of the Public Works Department including streets, water, wastewater, engineering, sanitation, fleet, facilities, infrastructure maintenance, capital improvements, and contract services; establishes department goals, objectives, policies, and procedures; to coordinate assigned activities with other City departments and outside agencies; and to provide highly responsible and complex administrative support to the City Manager.

CLASSIFICATION CHARACTERISTICS
Not Applicable

Sierra Madre, CA 91024
(626) 355-7135
sierramadreca.gov
ATTACHMENT 3
and streets operations; prepares and/or reviews staff reports, contracts, agreements, resolutions, ordinances, and bid documents for the various functions; monitors the approved department budget; coordinates with outside vendors for various supplies and services; requisitions and orders needed materials, parts, and equipment.
x Directs and coordinates the work of staff involved in the maintenance and repair of City streets, storm and sanitary sewers, water production and distribution facilities; landscaped areas, facilities and equipment; recommends and oversees contract maintenance and repair services as appropriate. x Directs and monitors contract services for assessment districts’ maintenance. x Develops and implements work standards, reporting procedures and related internal controls to support effective management of assigned functions.
x Oversees the selection, training, motivation, and evaluation of personnel; assumes responsibility for motivating and evaluating assigned personnel; provides necessary training; initiates disciplinary procedures as is appropriate.
x Maintains complete records of the water system and wastewater collection infrastructure; water sampling and testing; provides coordination of water and wastewater utility programs and projects. x Attends meetings and makes oral presentations before the City Council, commissions, committees, community groups, boards, and other governmental agencies.
x Monitors legislation and developments related to planning, building, and public works related matters; evaluates their impact upon City activities; recommends and implements improved policies and procedures. x Responds to difficult questions and concerns from the general public, contractors, vendors, and outside agencies; provides information as is appropriate and resolves public service or operational complaints; establishes and maintains a customer service orientation within assigned department. x Establishes positive working relationships with representatives of community organizations, state/ local agencies and associations, City management and staff, and the public. x Performs other related duties as required.

Any combination of education and experience that has provided the knowledge, skills, and abilities, or the equivalent of seven years of progressively responsible experience in public works, public utility, city engineering, administration, operation, methods and procedures and including construction, drafting, and budgeting; at least three years in supervisory capacity. Equivalent to graduation from a four year college or university with major coursework in civil engineering or a related field. Master’s degree is highly desirable.

Licenses; Certificates; Special Requirements:

Registration in the State of California as a Professional Civil Engineer is preferred but not required. A valid Class C California driver’s license or higher.

PYSICAL DEMANDS:

Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to adjust focus.

MENTAL DEMANDS:

I have read the Job Description and believe that it does accurately define the job.

Employee Signature Date
Department Head / Supervisor Signature Date
Step 1 Step 5 Step 7 Step 9 Step 10 Step 12 S
Santa Fe Springs Public Works Director/City Engineer 15,197.54 $ 19,829.34 $ Commerce Director of Public Works 14,241.71 $ 17,351.99 $ Westlake Village n/a
La Canada Flintridge Director of Public Works 11,839.00 $ 15,111.00 $ Hawaiian Gardens n/a
Artesia n/a
Claremont Community Services Director 15,262.95 $ $ 1
San Dimas Director of Public Works 14,830.00 $ 18,026.00 $ South Pasadena Public Works Director 11,647.00 $ 15,609.00 $ San Marino Parks & Public Works Director/City Engineer 15,032.00 $ 18,272.00 $ Signal Hill Public Works Director/City Engineer 15,354.94 $ 20,147.01 $ Average 14,175.64 $ $ 1
Median 14,931.00 $ $ 1
Sierra Madre 10,830.50 $ 13,528.92 $
Average Variance ($) (3,345.14) $ (4,319.30) $
Average Variance (%) -30.9% -31.9%
Median Variance ($) (4,100.50) $ (4,620.08) $
Median Variance (%) -37.9% -34.15%
Current Rate New Rate
Same Step
Difference Fully Burden
Current
Fully Burden
Proposed
Fully Burden
Difference
Planning Director 140,670 175,698 -35,028 192,715 241,357 -48,642 Admin Services Director 147,805 184,600 -36,795 215,911 269,903 -53,992 Public Works Director - Active 133,910 188,060
Public Works Director - Proposed 167,232 -33,322 234,348 -46,288 12 Annual Salary $ 171,413 167,232 $
Hourly $ 80.40 $ 82.41
12 Annual Salary $ 137,238 133,910 $
Hourly $ 64.38 $ 65.98
Current Rate
Step 3
New Rate
Step 1
Planning Director - Step 3 140,670 167,232
Public Works Director - Active 133,910
Public Works Director - Proposed 167,232
Public Works Director Allocation
71000-81100-51110 Water 15% (6,943.20) $
72000-81200-51110 Sewer 15% (6,943.20) $
10000-83500-51110 General Fund 20% (9,257.60) $
38005-83500-51110 Gas Tax 10% (4,628.80) $
60000-83100-51110 ISF - Fleet 20% (9,257.60) $
60001-83200-51110 ISF - Facilities 20% (9,257.60) $
100% (46,288.00) $
40 Planning & Community Preservation Director
Utilities Director
Public Works Director
Administrative Services Director/City Clerk
40 Planning & Community Preservation Director
Utilities Director
Public Works Director
Administrative Services Director/City Clerk
Proposed

3.0% increase
345678
$ 180,086 175,698 $ 184,600 $ 189,218 $ 193,939 $ 198,786 $ $ 86.58 84.47 $ 88.75 $ 90.97 $ 93.24 $ $ 95.57
345678
$ 144,186 140,670 $ 147,805 $ 151,486 $ 155,293 $ 159,162 $ $ 69.32 67.63 $ 71.06 $ 72.83 $ 74.66 $ $ 76.52
Difference Fully Burden
Current
Fully Burden
Proposed
Fully Burden
Difference
-26,562 192,715 230,832 -38,117
188,060
-33,322 234,348 -46,288
28209 35152.2 6943.2
28209 35152.2 6943.2
37612 46869.6 9257.6
18806 23434.8 4628.8
37612 46869.6 9257.6
37612 46869.6 9257.6
9 10
$ 208,853 203,757 $ $ 17,404.40
$ 100.41 97.96 $
9 10
$ 167,232 163,134 $
$ 80.40 78.43 $
###### ######
###### ######
###### ######
###### ######
###### ######
###### ######
###### $6,943
###### $6,943
###### $9,258
###### $4,629
###### $9,258
###### $9,258
Fully Burdened 234,348 $
Pay Periods 26
Cost Per Period 9,013.38 $
FY Pay Periods 8
FY Costs 72,107.08 $
Savings 162,240.92 $
Public Works Director Allocation Full Savings
71000-81100-51110 Water 15% 35,152.20 $ 24,336.14 $
72000-81200-51110 Sewer 15% 35,152.20 $ 24,336.14 $
10000-83500-51110 General Fund 20% 46,869.60 $ 32,448.18 $ 38005-83500-51110 Gas Tax 10% 23,434.80 $ 16,224.09 $
60000-83100-51110 ISF - Fleet 20% 46,869.60 $ 32,448.18 $ 60001-83200-51110 ISF - Facility 20% 46,869.60 $ 32,448.18 $ 100% 234,348.00 $ 162,240.92 $
FY 24/25 Actuals
Planning
Permits Revenue 1525427
Fire Check Revenue 20174
Business License 103042
Contract Services -907043
Personnel Costs -693931
Balance 47669
Revenues 1648643
Expenditures -1600974
Net 47669
-103.0%

279687.v2
373079.1
TO: Honorable Mayor and Members of the City Council
FROM: Anthony Rainey, Finance Director
Jennifer Peterson, Public Works Administrative Assistant REVIEWED BY: Michael Bruckner, City Manager
DATE: October 28, 2025
SUBJECT: CONSIDERATION OF CITY COUNCIL RESOLUTION 22-65

AUTHORIZING THE REALLOCATION OF CIP FUNDS FROM

KERSTING COURT FURNITURE TO BANNER POLE

INSTALLATION PROJECT AND AUTHORIZATION TO

EXECUTE CONTRACT FOR BANNER POLE

INSTALLATION PROJECT

STAFF RECOMMENDATION
Staff recommends that the City Council:

1. Approve the reallocation of previously approved Capital Improvement Project (CIP) funds originally designated for Kersting Court Furniture to cover costs associated with the installation of new banner poles in Kersting Court across Baldwin Avenue; and

2. Authorize the City Manager to execute an agreement with E.C. Construction in an amount not to exceed $83,070 for the Banner Pole Installation Project, and approve a project contingency of up to 10% ($8,307) for unforeseen conditions.

ALTERNATIVES

1. Approve the recommended reallocation of CIP funds and authorize contract execution.

City of Sierra Madre

AGENDA REPORT
Robert Parkhurst, Mayor
Kristine Lowe, Mayor Pro Tem
Edward Garcia, Council Member
Gene Goss, Council Member
Kelly Kriebs, Council Member
Sue Spears, City Treasurer
279687.v2
373079.1

2. Provide direction to staff regarding alternative funding sources or procurement actions.

3. Deny the request and maintain existing CIP allocations.

EXECUTIVE SUMMARY
The original Kersting Court Refresh Project included the installation of banner poles; however, the poles suffered a catastrophic failure during a wind event. Staff secured replacement poles and determined that additional engineering and professional installation were necessary to ensure the safety and durability of the new poles. The total project cost is estimated at $83,070, which includes excavation, footing replacement, and installation per the newly engineered plans.

Funds originally designated for Kersting Court Furniture, totaling $100,000, remain available within the same CIP fund. Staff requests that these funds be reallocated to complete the banner pole replacement project and to authorize execution of a contract with E.C. Construction, the lowest responsive and responsible bidder.

ANALYSIS
Following the failure of the original poles, staff explored multiple options for replacement. After extensive research, new poles were procured that meet current engineering standards and can safely accommodate banners in a high-wind environment. Engineering plans were prepared outlining the removal and replacement of existing footings to meet these specifications.

In accordance with the City’s purchasing policy for Public Works projects under the formal bidding threshold, staff solicited three informal bids from qualified contractors for installation services based on the engineered plans:

Contractor Bid Amount
E.C. Construction $83,070
OSP Construction $98,856
Big Ben Engineering $112,500
E.C. Construction submitted the lowest responsive and responsible bid. Staff verified licensing, insurance, and project references consistent with City procurement requirements. Because the total contract amount exceeds the City Manager’s purchasing authority, City Council approval is required to authorize execution of the contract.
279687.v2
373079.1
Reallocating the existing Kersting Court Furniture CIP funds will allow the project to proceed without increasing the overall CIP budget. Completion of the Banner Pole Project will restore the City’s ability to display banners promoting community events and programs, consistent with the intent of the original Kersting Court improvement initiative.

ENVIRONMENTAL(CEQA)
The proposed work is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines

STRATEGIC PLAN CORRELATION
This project aligns with the City’s Strategic Plan goal to Enhance Public Spaces and Downtown Aesthetics by improving the appearance, safety, and functionality of the Kersting Court area.

PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process. Copies of this report can be accessed on the City’s website at SierraMadreCA.gov

FISCAL IMPACT
The total cost for the Banner Pole Installation Project is $83,070, plus a 10% contingency for unforeseen conditions. Funding will be provided by reallocating $83,070 from the Kersting Court Furniture CIP allocation within the same fund. No new appropriations are required, and the reallocation will have no impact on the City’s General Fund.

ATTACHMENTS:

1. City Council Resolution 2025-65

2. E.C. Construction Banner Pole Installation Bid

3. Draft Agreement with E.C. Construction

RESOLUTION NO. 2025-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIERRA MADRE, CALIFORNIA AUTHORIZING AN APPROPRIATION FROM FUND 32012 –

DOWNTOWN LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FUND

BALANCE FOR THE BANNER POLE INSTALLATION PROJECT RECITALS WHEREAS, The adopted Capital Improvement Program (CIP) for Fiscal Year 2024-25 includes approved appropriations for various infrastructure and beautification projects throughout the City of Sierra Madre.

WHEREAS, The Kersting Court Refresh Project originally included the installation of decorative banner poles intended to enhance the appearance and identity of the downtown area. The existing poles suffered catastrophic failure during a severe wind event, requiring engineering review and replacement.

WHEREAS, Replacement poles meeting current engineering and safety standards have been identified. The total Banner Pole Installation Project cost is estimated at $83,070, which includes excavation, footing replacement, and installation in accordance with newly engineered specifications. As of June 30, 2025 the unaudited Fund Balance was $488,500.

WHEREAS, This action authorizes an appropriation from the available fund balance of Fund 32012 – Downtown Landscaping and Lighting Maintenance District, which had an unaudited balance of $488,500 as of June 30, 2025. The appropriation will fund the Banner Pole Installation Project and will not impact the City’s General Fund.

The Banner Pole Installation Project qualifies as an eligible expenditure under the Downtown Landscaping and Lighting Maintenance District for downtown aesthetic and infrastructure improvements
WHEREAS, The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the CEQA Guidelines.

THEREFORE, THE CITY COUNCIL OF THE CITY OF SIERRA MADRE DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The Recitals above are true and correct and incorporated herein by reference.

SECTION 2. Appropriation. The sum of Eighty-Three Thousand Seventy Dollars ($83,070) is hereby appropriated from the available fund balance of Fund 32012 – Downtown Landscaping and Lighting Maintenance District to the Banner Pole Installation Project (CIP Account No. 32012.83000.56020) to cover project costs including excavation, footing replacement, and installation of replacement banner poles.

Fund Description Department GL Account Amount Type
Downtown
Landscaping
Lighting
Maintenance
District Fund
(32012)
Fund
Balance
Not
Applicable
32012.00000.30000 $83,070.00 Decrease
Downtown
Landscaping
Lighting
Maintenance
District Fund
(32012)
Banner Pole
Installation
Project
Public Works 32012.83000.56020 $83,070.00 Increase
SECTION 3. This Resolution constitutes a budget amendment in accordance with the City’s adopted financial policies and authorizes the Finance Director to make all necessary accounting adjustments to implement the appropriation.

APPROVED AND ADOPTED this 28th day of October 2025.

____________________________
Robert Parkhurst, Mayor
APPROVED AS TO FORM:
______________________________
Aleks Giragosian, City Attorney
I HEREBY CERTIFY the foregoing Resolution 25-54 was duly passed, approved, and adopted by the City Council of the City of Sierra Madre, California, at a meeting held on the 23rd day of September, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:
______________________________
Laura Aguilar, City Clerk

BID PROPOSAL AND CONTRACT
2213 CHICO AVE./SO. EL MONTE, CA 91733
Phone: (626) 444-9596 Fax: (626) 444-3077
California Contractors License #366814
DATE 9/17/25

TO JOB ADDRESS
City of Sierra Madre Banner Pole Replacement
1415 Santa Anita
South El Monte, CA 91733
Attn:

Jen Peterson Phone: (626) 264-8914 Email: [email protected] We agree to furnish all labor, materials, equipment and supervision necessary to complete the following:

Sawcut & demo approx. 509 sq ft. of driveway, 18.5’ of curb & gutter, & 300 sq ft. of sidewalk Pothole foundations to determine if any utilities impact the removal with vacuum truck & by hand Remove existing banner pole foundations & backfill voids with slurry Auger for 2 foundations per plans provided.

Set rebar cages, form, & pour new footings
Grade driveway approach & curb & gutter
Form & pour approx. 509 sq ft. of driveway approach & 18.5’ of curb & gutter Compact sidewalk & pour approx. 300 sq ft. of 6” sidewalk Slot patch approx. 113 sq ft. of 6” AC in front of driveway & curb & gutter Set banner poles & dry pack
BID-----------------------------------$83,070.00
NOTE: 1) No bonds, permits, fees, testing, survey monumentation, or utility relocation figured in bid 2) Work to be done during normal working hours
The above described work will be performed in a workman like manner and in accordance with standard practices.

TERMS: Unless credit arrangements have been made, in writing, in advance, the invoice for the work described herin is due and payable on presentation. 1 ½ % per month will be charged on a daily basis on all accounts or portions thereof not paid within 10 days of the date of the invoice. Customer agrees to pay reasonable attorney fees and collection costs incurred by E.C. Construction Co. for the collection of both principal and interest due to customer’s failure to pay per this agreement.

Unless otherwise specified, if this proposal is not accepted within______20___________days from bid date, we reserve the right of cancellation.

APPROVE AND ACCEPTED Respectfully Submitted,
___________________________ E.C. CONSTRUCTION CO.

Date__________________20___ By_________________________ John Walters
Construction Services Agreement

Page 1 of 26 ends

(Approved for Use 1/3/2023)
293957.v5

CONSTRUCTION SERVICES AGREEMENT
Providing Payment of Prevailing Wages
(City of Sierra Madre / E.C. Construction Company)

1. IDENTIFICATION
This CONSTRUCTION SERVICES AGREEMENT
³$JUHHPHQW´
is entered into by and
between the City of Sierra Madre, a California municipal corporation ³&LW\´
and
E.C. Construction Company, a California Corporation
³&RQWUDFWRU´

2. RECITALS

2.1. City has determined that it requires the following construction services from a contractor: Banner Pole Replacement - Kersting Ct.

2.2. Contractor represents that it is fully qualified to perform such construction services by virtue of its experience and the training, education and expertise of its principals and employees. Contractor further represents that it will accept responsibility for performing such services under the terms and conditions set forth in this Agreement.

2.3. Contractor further represents that Contractor, or LW¶V representative, is properly licensed to perform the construction services described above as determined by the State &RQWUDFWRU¶V/LFHQVH%RDUG
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Contractor agree as follows:

3. DEFINITIONS

3.1. ³6FRSH of 6HUYLFHV´
Such construction services as set forth in ConWUDFWRU¶V September 17, 2025 proposal to City attached hereto as Exhibit A and incorporated herein by this reference.

3.2. ³6WDQGDUG6SHFLILFDWLRQ´
7KHODWHVWHGLWLRQRIWKH6WDQGDUG6SHFLILFDWLRQVIRU3XEOLF :RUNV&RQVWUXFWLRQ
³663:&´RU³*UHHQERRN´
VKDOOEe incorporated by reference
into this Agreement.

3.3. ³$JUHHPHQW$GPLQLVWUDWRU´
7KH$JUHHPHQW$GPLQLVWUDWRU IRUWKLV SURMHFWLVJennifer Peterson, Administrative Assistant. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Contractor
Construction Services Agreement

Page 2 of 26 ends

(Approved for Use 1/3/2023)
293957.v5

3.4. ³0D[LPXP $PRXQW´
The highest total compensation and costs payable to Contractor by City under this Agreement. The Maximum Amount under this Agreement is Eighty Three Thousand Seventy Dollars ($83,070).

3.5. ³&RPPHQFHPHQW 'DWH´
October 28, 2025.

3.6. ³7HUPLQDWLRQ 'DWH´
December 31, 2025

4. CAMPAIGN CONTRIBUTIONS:

This Construction Services Agreement is subject to Government Code Section 84308, as amended by SB 1439. Contractor shall disclose any contribution in an amount of more than two KXQGUHGILIW\GROODUV

PDGHZLWKLQWKHSUHFHGLQJPRQWKVE\WKHSDUW\RUWKHSDUW\¶V agent. Contractor shall provide a signed copy of the attached Campaign Contribution Disclosure Form to the City prior to, or concurreQWZLWKWKH&RQWUDFWRU¶VH[HFXWLRQRIWKLV$JUHHPHQW

5. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 17
³7HUPLQDWLRQ´
below. Contractor may request extensions
of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this agreement.

6. &2175$&725¶6 DUTIES

6.1. Services. Contractor shall perform the services identified in the Scope of Services. City 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.

6.2. Coordination with City. In performing services under this Agreement, Contractor shall coordinate all contact with City through its Agreement Administrator.

6.3. Budgetary Notification. Contractor shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Contractor shall concurrently inform the $JUHHPHQW $GPLQLVWUDWRULQ ZULWLQJ RI&RQWUDFWRU¶V HVWLPDWH RIWRWDO H[SHQGLWXUHV required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

Construction Services Agreement

Page 3 of 26 ends

(Approved for Use 1/3/2023)
293957.v5

6.4. Business License. Contractor shall obtain and maintain in force a City business license for the duration of this Agreement.

Professional Standards. Contractor shall perform all work to the highest standards of &RQWUDFWRU¶V SURIHVVLRQ DQGLQ DPDQQHU UHDVRQDEO\ VDWLVfactory to City. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict-of-interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

6.5. Appropriate Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Contractor or under its supervision or by subcontractor(s) of Contractor, and all personnel engaged in the work shall be qualified to perform such services. Jennifer Peterson VKDOO EH &RQWUDFWRU¶V SURMect DGPLQLVWUDWRU DQG VKDOO KDYH GLUHFW UHVSRQVLELOLW\ IRU PDQDJHPHQW RI &RQWUDFWRU¶V SHUIRUPDQFHXQGHUWKLV$JUHHPHQW1RFKDQJHVKDOOEHPDGHLQ&RQWUDFWRU¶VSURMHFW DGPLQLVWUDWRUZLWKRXW&LW\¶VSULRUZULWWHQFRQVHQW

6.6. Prevailing Wages. This Agreement is subject to the prevailing wage law as more fully set forth in Section 8 (Labor Code), for all work performed under this Agreement for which the payment of prevailing wages is required under the California Labor Code. In particular, Contractor acknowledges that prevailing wage determinations are available for work performed under this Agreement.

6.7. Unauthorized Delay. In accordance with Government Code 53069.85, and all other applicable law, the Contractor agrees to forfeit and pay City the amount of Two Hundred Dollars ($200.00) per day for each and every day of unauthorized delay beyond the Termination Date, which shall be deducted from any monies due to Contractor. This payment shall be considered liquidated damages. Contractor agrees that such liquidated damages are reasonable under the circumstances existing at the time of execution of the contract, that such liquidated damages are to compensate City for losses that are difficult to measure, and that such damages are not a penalty.

6.8. Unforeseeable Delay. Contractor shall not be deemed in breach of this Agreement and no forfeiture due to delay shall be made because of any delays in the completion of the Scope of Services due to unforeseeable causes beyond the control and without the fault or negligence of Contractor provided Contractor requests from the Agreement Administrator an extension of time in writing. Unforeseeable causes of delay beyond the control of Contractor shall include acts of God, acts of a public enemy, acts of the government, acts of City, or acts of another contractor in the performance of a contract with City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and weather, or delays of subcontractors due to such causes, or delays caused by failure of the owner of a utility to provide for removal or relocation of existing utility facilities.

Delays caused by actions or negligence of Contractor or its agents, servants, employees, Construction Services Agreement

Page 4 of 26 ends

(Approved for Use 1/3/2023)
293957.v5
officers, subcontractors, directors, or of any party contracting to perform part of all of the Scope of Services or to supply any equipment or materials shall not be XQIRUHVHHDEOHGHOD\V8QIRUHVHHDEOHGHOD\V
WKRVHEH\RQG&RQWUDFWRU¶VFRQWURO
VKDOO
not entitle Contractor to any additional compensation beyond the Maximum Amount.

The sole recourse of Contractor shall be to seek an extension of time from the Agreement Administrator.

6.9. Defective Work. All work which is defective in its construction or deficient in any of the requirements set by City Reference Specifications shall be remedied or replaced by Contractor in an acceptable manner at its own expense. Defective work shall not entitle Contractor to any additional compensation beyond the Maximum Amount.

6.10. Permits and Approvals. Contractor shall obtain, at its sole cost and expense, all permLWV DQG UHJXODWRU\ DSSURYDOV QHFHVVDU\ IRU &RQWUDFWRU¶V SHUIRUPDQFH RI WKLV Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

6.11. Notification of Organizational Changes. Contractor shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of &RQWUDFWRU¶V firm or of any subcontractor. Change of ownership or control of &RQWUDFWRU¶V firm may require an amendment to this Agreement.

6.12. Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. 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 City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

7. SUBCONTRACTING AND ASSIGNMENT

7.1. General Prohibition of Assignment. This Agreement covers construction services of a specific and unique nature. Except as otherwise provided herein, Contractor shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

7.2. Contractor Responsible. Contractor shall be responsible to City for all services to be performed under this Agreement.

Construction Services Agreement

Page 5 of 26 ends

(Approved for Use 1/3/2023)
293957.v5

7.3. Subcontracting. Contractor shall not subcontract any portion of the performance contemplated and provided for herein unless (1) such subcontracting is specifically described in the proposal attached hereto or (2) the City provides prior written approval.

In any event, Contractor shall supervise all work subcontracted by Contractor in performing the Services and shall be responsible for all work performed by a subcontractor as if Contractor itself had performed such work. The subcontracting of any work shall not relieve Contractor from any of its obligations under this Agreement with respect to the Services. Contractor is obligated to ensure that any and all subcontractors performing any Services shall be fully insured in all respects and to the VDPHH[WHQWDVVHWIRUWKXQGHU6HFWLRQ
,QVXUDQFH
WR&LW\¶VVDWLVIDFWLRQ

7.4. Compensation for Subcontractors. Contractor shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.

8. COMPENSATION

8.1. General. City agrees to compensate Contractor for the services provided under this Agreement, and Contractor agrees to accept payment, of the Maximum Amount in full satisfaction for such services. Compensation shall not exceed the Maximum Amount.

Contractor shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

8.2. Retention. City may retain up to 5% of each payment until project completion.

Contractor may at its own expense substitute securities equivalent to the amount withheld as retention (or the retained percentage) in accordance with Public Contract Code 22300. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with City, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to City. Upon satisfactory completion of this Agreement, the securities shall be returned to Contractor.

8.3. Invoices. Contractor shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. Contractor shall include a copy of each subcontractor invoice, if any, for which reimbursement is sought in the invoice.

8.4. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Contractor except as otherwise required by law. Contractor shall be solely responsible for calculating, withholding, and paying all taxes.

8.5. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Contractor.

Construction Services Agreement

Page 6 of 26 ends

(Approved for Use 1/3/2023)
293957.v5

8.6. Additional Work. Contractor shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City on a time-and-materials basis pursuant to a written change order. Contractor shall not undertake any such work without prior written approval of the City. A written change order may be issued without amendment to this Agreement, so long as such written change order does not cause the Maximum Amount to be exceeded. Contractor shall only be compensated for such additional work at the rates and costs for labor and materials included in the bid or proposal.

8.7. City-Initiated Changes - &LW\PD\SURSRVHLQZULWLQJFKDQJHVWR&RQWUDFWRU¶Vwork within the Scope of Services described. If Contractor is of the opinion that any proposed change causes an increase or decrease in the cost, or a change in the schedule for performance, of the services, Contractor shall notify City in writing of that fact within five (5) days after receipt of written proposal for changes.

8.8. Contractor-Initiated Changes ± Contractor may propose in writing changes to the Scope of Services, upon identifying a condition which may change the Scope of Services as agreed at the time of execution of this Agreement. Contractor must notify WKH&LW\¶V$JUHHPHQW$GPLQLVWUDWRU RI DQ\ FKDQJHG FRQGLWLRQV XSRQ GLVFRYHU\ DQG before they are disturbed. The Public Works Director shall investigate, and if the Public Works Director determineVWKDWWKHFRQGLWLRQVZLOOPDWHULDOO\DIIHFWFRVWVWKH&LW\¶V Agreement Administrator will issue a Change Order adjusting the compensation for VXFK SRUWLRQ RI WKH 6FRSH RI 6HUYLFHV ,I WKH &LW\¶V $JUHHPHQW $GPLQLVWUDWRU determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted DQ H[WHQVLRQ RI WLPH ,I WKH &LW\¶V $JUHHPHQW $GPLQLVWUDWRU GHWHUPLQHV WKDW WKH conditions do not justify an adjustment in compensation or time, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify WKH&LW\¶V$JUHHPHQW$GPLQLVWUDWRULQZULWLQJLIWKH&RQWUDFWRUGLVDJUHHV When and if City and Contractor agree on any such proposed change and its effect on the cost and time for performance, they shall confirm such agreement in writing as an amendment to this Agreement. Contractor may not cease work or delay progress on the original project pending negotiations over changes and must continue to diligently complete the project.

Should the Contractor disagree with the decision, it may submit a written notice of potential claim to the &LW\¶V Agreement Administrator before commencing the disputed work. In the event of such a dispute, the Contractor shall not be excused from any scheduled completion date provided by the Contract and shall proceed with all work to be performed under the Contract. However, the Contractor shall retain any and all rights provided by either Contract or law which pertain to the resolution of disputes and protests between the contracting parties.

Construction Services Agreement

Page 7 of 26 ends

(Approved for Use 1/3/2023)
293957.v5
7KH &RQWUDFWRU¶V IDLOXUH WR JLYH QRWLFH RI FKDQJHG FRQGLWLRQV SURPSWO\ XSRQ WKHLU discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith.

9. LABOR CODE

9.1. Prevailing Wage Law. This Agreement is subject to the requirements of the prevailing wage laws, including, but not limited to, Labor Code Section 1720 et seq., Labor Code Section 1770 et seq., and Code of Regulations, Title 8, Section 16000 et seq., which require payment of prevailing wage rates and the performance of other requirements RQ FHUWDLQ ³SXEOLF ZRUNV´ DQG ³PDLQWHQDQFH´ SURMHFWV &RQWUDFWRU VKDOO GHIHQG indemnify, and hold harmless City, and its officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of failure or alleged failure of Contractor to comply with such prevailing wage laws.

9.2. Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, the Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification.

9.3. Forfeiture. Contractor shall forfeit as a penalty to City Two Hundred Dollars ($200.00), or any greater penalty provided in the Labor Code, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under this Agreement employed in the performance of the Scope of Services by Contractor or by any subcontractor of Contractor in violation of the provisions of the Labor Code. In addition, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Contractor.

9.4. Apprentices. Contractor shall comply with the provisions of Labor Code 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code 1777.5.

9.5. Payroll Records. Pursuant to Labor Code 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Labor Code 1811 and Labor Code 1815 for any work performed by his or her employees on the public works project. The payroll records shall be certified and shall be available for inspection at all reasonable hours as required by Labor Code 1776.

Construction Services Agreement

Page 8 of 26 ends

(Approved for Use 1/3/2023)
293957.v5

9.6. 8-Hour Workday. This Agreement is subject to 8-hour workday and wage and hour penalty laws, including, but not limited to, Labor Code 1810 and Labor Code 1813.

Contractor and any subcontractor(s) of Contractor shall strictly adhere to the provisions of the Labor Code regarding 8-hour workday and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Pursuant to the Labor Code, eight KRXUV¶ ODERU VKDOO FRQVWLWXWH D OHJDO GD\¶V ZRUN :RUN SHUIRUPHG E\ &RQWUDFWRU¶V employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay.

Contractor shall forfeit as a penalty to City $25.00, or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.

Contractor acknowledges that these statutory provisions pertaining to penalties for failure to comply with the wage and hour laws will be strictly enforced.

9.7. Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code 1771 and Labor Code 1725.5 requiring registration with the Department of Industrial Relations (DIR).

9.8. Trench Excavation. To the extent that the work requires trenches in excess of ¶ prior to any excavation, contractor must provide and City, or a registered civil or structural engineer employed by the City to whom authority to accept has been delegated, must accept a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders.

10. PUBLIC CONTRACT CODE.

10.1. Prompt Payment. This Agreement is subject to the provisions of Article 1.7 (commencing at § 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to the contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with this Article. This Agreement hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

Construction Services Agreement

Page 9 of 26 ends

(Approved for Use 1/3/2023)
293957.v5

10.2. Public Works Claims. To the extent applicable, this Agreement is subject to the provisions of Public Contract Code Section 9204, which mandates certain procedures regarding the resolution of public works claims. The following is a summary of the required procedures:

A. The Contractor shall submit a written claim to the City with reasonable documentation to support the claim.

B. Within 45 days after receipt of the claim and documentation, the City will respond to the claim, identifying what portion of the claim is disputed and what portion is undisputed. The parties may extend this time by mutual agreement.

C. Any payment due on an undisputed portion of the claim will be processed and made.

D. Within 10 business days following the &LW\¶V response, any disputed portion of the claim shall be submitted to nonbinding mediation. The City and Contractor shall mutually agree to a mediator and share the associated costs equally.

E. If mediation does not resolve the dispute, the City may require arbitration of the dispute under private arbitration or the Public Works Contract Arbitration Program,
This Agreement is further subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the contractor, for the response to such claims by the contracting public agency, for a mandatory meet and confer conference upon the request of the contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration if the parties fail to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

10.3. Ineligible Subcontractor(s). This Agreement is further subject to the provisions of Public Contracts Code 6109 which prohibits Contractor from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Labor Code 1777.1 or Labor Code 1777.7.

10.4. Assignment of Actions. Contractor and any and all subcontractors shall offer and agree to assign to City all rights, title, and interest in and to all causes of action it/they may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 4) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties.

11. OWNERSHIP OF WRITTEN PRODUCTS
Construction Services Agreement

Page 10 of 26 ends

(Approved for Use 1/3/2023)
293957.v5
All reports, documents or other written material, and all electronic files, including computeraided design files, developed by Contractor in the performance of this Agreement (such written PDWHULDODQGHOHFWURQLFILOHVDUHFROOHFWLYHO\NQRZQDV³ZULWWHQSURGXFWV´ VKDOOEHDQGUHPDLQ
the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Contractor may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Contractor.

12. RELATIONSHIP OF PARTIES

12.1. General. Contractor is, and shall at all times remain as to City, a wholly independent contractor.

12.2. No Agent Authority. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of &RQWUDFWRU¶V HPSOR\HHV H[FHSW DV VHW IRUWKLQWKLV $JUHHPHQW&RQWUDFWRU VKDOO QRW represent that it is, or that any of its agents or employees are, in any manner employees of City.

12.3. Independent Contractor Status. Under no circumstances shall Contractor or its employees look to the City as an employer. Contractor shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor UHODWLRQVKLS RQ &RQWUDFWRU¶V SUHYLRXVO\ HDUQHG &DOLIRUQLD 3XEOLc Employees 5HWLUHPHQW 6\VWHP
³&DO3(56´
UHWLUHPHQW EHQHILWV LI DQ\ DQG &RQWUDFWRU
specifically assumes the responsibility for making such a determination. Contractor shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, DQGZRUNHUV¶FRPSHQVDWLRQDQGRWKHUDSSOLFDEOHIHGHUDODQGVWDWHWD[HV

12.4. Indemnification of CalPERS Determination. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

13. INDEMNIFICATION

13.1. Definitions. For purposes of this Section 12, ³&RQWUDFWRU´ shall include Contractor, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Contractor or its subcontractors, in the performance of this $JUHHPHQW³&LW\´VKDOOLQFOXGH&LW\LWVRIILFHUVDJHQWVHPSOR\HHVDQGYROXQWHHUV Construction Services Agreement

Page 11 of 26 ends

(Approved for Use 1/3/2023)
293957.v5

13.2. Contractor to Indemnify City. To the fullest extent permitted by law, Contractor shall indemnify, hold harmless, and defend City from and against any and all claims, losses, costs or expenses for any personal injury or property damage arising out of or in connection with &RQWUDFWRU¶V alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Contractor or failure to comply with any provision in this Agreement.

13.3. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential, or otherwise, Property damage shall include injury to any personal or real property. Contractor shall not be required to indemnify City for such loss or damage caused by the sole active negligence or willful misconduct of the City.

13.4. $WWRUQH\V¶ Fees. Such costs and expenses shall include reasonable DWWRUQH\V¶ fees for counsel of &LW\¶V choice, expert fees and all other costs and fees of litigation. Contractor VKDOOQRWEHHQWLWOHGWRDQ\UHIXQGRIDWWRUQH\V¶IHHVGHIHQVHFRVWVRUH[SHQVHVLQWKH event that it is adjudicated to have been non-negligent.

13.5. Defense Deposit. The City may request a deposit for defense costs from Contractor with respect to a claim. If the City requests a defense deposit, Contractor shall provide it within 15 days of the request.

13.6. Waiver of Statutory Immunity. The obligations of Contractor under this Section 12 DUH QRW OLPLWHG E\ WKH SURYLVLRQV RI DQ\ ZRUNHUV¶ FRPSHQVDWLRQ DFW RU VLPLODU DFW Contractor expressly waives its statutory immunity under such statutes or laws as to City.

13.7. Indemnification by Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 12 from each and every subcontractor or any other person or entity involved in the performance of this AgreHPHQWRQ&RQWUDFWRU¶VEHKDOI

13.8. Insurance Not a Substitute. City does not waive any indemnity rights by accepting DQ\LQVXUDQFHSROLF\RUFHUWLILFDWHUHTXLUHGSXUVXDQWWRWKLV$JUHHPHQW&RQWUDFWRU¶V 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.

14. INSURANCE

14.1. Insurance Required. Contractor shall maintain insurance as described in this section and shall require all its subcontractors, contractors, and other agents to do the same.

Approval of the insurance by the City shall not relieve or decrease any liability of Contractor. Any requirement for insurance to be maintained after completion of the work shall survive this Agreement. A category of risk and the applicable insurance requirements will be determined on a ³SHU VXEFRQWUDFWRU´ basis, considering the Construction Services Agreement

Page 12 of 26 ends

(Approved for Use 1/3/2023)
293957.v5
particular work to be done by the subcontractor and the interrelationship of that work to other work being conducted by the Contractor.

14.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the &RQWUDFWRU¶VREOLJDWLRQWRSURYLGHWKHP&RQWUDFWRUVKDOOILOHZLWK&LW\

x Certificate of Insurance, indicating companies acceptable to City, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference:

Project Name: Banner Pole Replacement - Kersting Ct.

Additional Insured Endorsement, as required in this section below x Documentation of %HVW¶V rating acceptable to the City. x Original endorsements effecting coverage for all policies required by this Agreement.
x Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

14.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
x Professional Liability Insurance: $1,000,000 per occurrence, $2,000,000 aggregate
x General Liability:
x General Aggregate: $4,000,000
x Products Comp/Op Aggregate $2,000,000
x Personal & Advertising Injury $1,000,000
x Each Occurrence $2,000,000
x Fire Damage (any one fire) $ 50,000
x Medical Expense (any 1 person) $ 5,000
x Workers' Compensation:
x Workers' Compensation Statutory Limits
x EL Each Accident $1,000,000
x EL Disease - Policy Limit $1,000,000
x EL Disease - Each Employee $1,000,000
x Automobile Liability
x Any vehicle, combined single limit $2,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured.

Furthermore, the requirements for coverage and limits shall be the greater of (1) the Construction Services Agreement

Page 13 of 26 ends

(Approved for Use 1/3/2023)
293957.v5
minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured

14.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form.

Claims-Made, modified, limited or restricted Occurrence forms are not acceptable. The policy shall cover inter-LQVXUHG VXLWV DQG LQFOXGH D ³6HSDUDWLRQ RI ,QVXUHGV´ RU ³VHYHUDELOLW\´ clause which treats each insured separately. The policy shall not contain D &RQWUDFWRUV¶ :DUUDQW\ RU RWKHU VLPLODU ODQJXDJH ZKLFK HOLPLQDWHV RU UHVWULFWV LQVXUDQFHEHFDXVHRIDVXEFRQWUDFWRU¶VIDLOXUHWRFDUU\VSHFLILFLQVXUDQFHRUWRVXSSO\ evidence of such coverage.

14.5. :RUNHU¶V Compensation Insurance. Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and Contractor will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

Contractor shall take out and maintain, during the life of this contract, :RUNHU¶V Compensation Insurance for all of &RQWUDFWRU¶V employees employed at the site of improvement; and, if any work is sublet, Contractor shall require the subcontractor similarly to provide :RUNHU¶V Compensation Insurance for all of the ODWWHU¶V employees, unless such employees are covered by the protection afforded by Contractor. &RQWUDFWRUDQGDQ\RI&RQWUDFWRU¶VVXEFRQWUDFWRUVVKDOOEHUHTXLUHGWRSURYLGH&LW\ wLWKDZULWWHQVWDWHPHQWDFNQRZOHGJLQJLWVREOLJDWLRQWRVHFXUHSD\PHQWRI:RUNHU¶V Compensation Insurance as required by Labor Code § 1861; to wit: µ, am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured aJDLQVWOLDELOLW\IRUZRUNHUV¶FRPSHQVDWLRQRUWRXQGHUWDNHVHOI-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this FRQWUDFW¶ If any class of employees engaged in work under this contract at the site of the Project is not protected XQGHUDQ\:RUNHU¶V&RPSHQVDWLRQODZ&RQWUDFWRUVKDOOSURYLGHDQGVKDOOFDXVHHDFK subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify and hold harmless City for any damage resulting from failure of either Contractor or any subcontractor to take out or maintain such insurance.

14.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, nonowned, and hired automobiles and, trucks using ISO Business Auto Coverage form CA 00 01 (or equivalent).

14.7. Claims-Made Policies. If any of the required policies provide coverage on a claimsmade basis the Retroactive Date must be shown and must be before the date of the Construction Services Agreement

Page 14 of 26 ends

(Approved for Use 1/3/2023)
293957.v5
contract or the beginning of contract 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 FRQWUDFWHIIHFWLYHGDWHWKH&RQWUDFWRUPXVWSXUFKDVH³H[WHQGHG UHSRUWLQJ´FRYHUDJH for a minimum of five (5) years after completion of contract work.

14.8. Additional Insured Endorsements. The City of Sierra Madre, its City Council, Commissions, officers, employees, and agents must be endorsed as an additional insured for each policy required herein, for liability arising out of ongoing and completed operations by or on behalf of the Contractor. &RQWUDFWRU¶V insurance policies VKDOOEHSULPDU\DVUHVSHFWVDQ\FODLPVUHODWHGWRRUDVWKHUHVXOWRIWKH&RQWUDFWRU¶V work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or Contractors shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the &RQWUDFWRU¶V insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

14.9. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Contractor does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Contractor under this Agreement. Failure of the Contractor 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 this Agreement.

14.10. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, caQFHOOHGRUUHGXFHGLQOLPLWVH[FHSWDIWHUWKLUW\
GD\V¶SULRU
ZULWWHQQRWLFHKDVEHHQJLYHQWRWKH&LW\
KRZHYHUWHQ

GD\V¶SULRUZULWWHQQRWLFH
shall apply in the event of cancellation for nonpayment of premium. Contractor shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Sierra Madre, Attn: Jennifer Peterson, 232 W. Sierra Madre Boulevard, Sierra Madre, California, 91024.

14.11. &RQWUDFWRU¶V,QVXUDQFH3ULPDU\The insurance provided by Contractor, including all endorsements, shall be primary to any coverage available to City and be endorsed Construction Services Agreement

Page 15 of 26 ends

(Approved for Use 1/3/2023)
293957.v5
using Insurance Services office form CG 20 10 (or equivalent) to provide that City and its officers, employees, and agents shall be additional insureds under such policies. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of &RQWUDFWRU¶V insurance and shall not contribute with it.

14.12. Waiver of Subrogation. Contractor hereby waives all rights of subrogation against the City. Contractor shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

14.13. Report of Claims to City. Contractor shall report to the City, in addition to the &RQWUDFWRU¶VLQVXUHUDQ\DQGDOOLQVXUDQFHFODLPVVXEPLWWHGWR&RQWUDFWRU VLQVXUHULQ
connection with the services under this Agreement.

14.14. Premium Payments and Deductibles. Contractor must disclose all deductibles and self-insured retention amounts to the City. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.

City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Contractor shall be responsible for all premiums and GHGXFWLEOHVLQ DOO RI&RQWUDFWRU¶VLQVXUDQFH SROLFLHV7KH DPRXQt of deductibles for LQVXUDQFHFRYHUDJHUHTXLUHGKHUHLQDUHVXEMHFWWR&LW\¶VDSSURYDO

14.15. Duty to Defend and Indemnify. &RQWUDFWRU¶V GXWLHVWR GHIHQG DQGLQGHPQLI\&LW\ under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.

15. MUTUAL COOPERATION

15.1. City Cooperation in Performance. City shall provide Contractor with all pertinent data, documents and other requested information as is reasonably available for the proper performance of ContUDFWRU¶VVHUYLFHVXQGHUWKLV$JUHHPHQW

15.2. Contractor Cooperation in Defense of Claims. If any claim or action is brought DJDLQVW&LW\UHODWLQJWR&RQWUDFWRU¶VSHUIRUPDQFHLQFRQQHFWLRQZLWKWKLV$JUHHPHQW Contractor shall render any reasonable assistance that City may require in the defense of that claim or action.

16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on:
(i) the day of delivery if delivered by hand, facsimile or overnight courier service during &RQWUDFWRU¶V and &LW\¶V regular business hours; or (ii) on the third business day following deposit Construction Services Agreement

Page 16 of 26 ends

(Approved for Use 1/3/2023)
293957.v5
in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City:

Jennifer Peterson
City of Sierra Madre
Public Works
232 W. Sierra Madre Boulevard,
Sierra Madre, California, 91024
Telephone: (626) 264-8914
With courtesy copy to:

Aleks R. Giragosian, Esq.

City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd., Suite 850
Pasadena, CA 91101-2109 Telephone:
(213) 542-5734 Facsimile: (213)
542-5710

17. SURVIVING COVENANTS
If to Contractor:

E.C. Construction
2213 Chico Ave.

South El Monte, CA 91733
Telephone: (626) 444-3077
The parties agree that the covenants contained in Section 5.12 (Records), Section 11.4 (Indemnification of CalPERS Determination), Section 12 (Indemnification), Section 13.7 (Claims-Made Policies), Section 14.2 (Contractor Cooperation in Defense of Claims), and Section 19.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

18. TERMINATION

18.1. City Termination. City may terminate this Agreement for any reason on five calendar GD\V¶ ZULWWHQ QRWLFH WR &RQWUDFWRU &RQWUDFWRU DJUHHV WR FHDVH DOO ZRUN XQGHU WKLV Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

18.2. Contractor Termination. Contractor may terminate this Agreement for a material breach of this Agreement uSRQGD\V¶QRWLFH
Construction Services Agreement

Page 17 of 26 ends

(Approved for Use 1/3/2023)
293957.v5

18.3. Compensation Following Termination. Upon termination, Contractor shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

18.4. Remedies. City retains any and all available legal and equitable remedies for &RQWUDFWRU¶VEUHDFKRIWKLV$JUHHPHQW

19. INTERPRETATION OF AGREEMENT

19.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

19.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Contractor with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Contractor.

19.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

19.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

19.5. 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. In 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.

19.6. 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 to any party.

Construction Services Agreement

Page 18 of 26 ends

(Approved for Use 1/3/2023)
293957.v5

20. GENERAL PROVISIONS

20.1. Confidentiality. All data, documents, discussion, or other information developed or received by Contractor for performance of this Agreement are deemed confidential and Contractor shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

20.2. Conflicts of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the &LW\¶V Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

20.3. Non-assignment. Contractor shall not delegate, transfer, subcontract or assign its duties or ULJKWV KHUHXQGHU HLWKHU LQ ZKROH RU LQ SDUW ZLWKRXW &LW\¶V SULRU ZULWWHQ consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Contractor.

20.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

20.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

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

20.7. Non-Discrimination. Contractor shall not discriminate against any employee or applicant for employment because of race, 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, or sexual orientation. 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. Contractor Construction Services Agreement

Page 19 of 26 ends

(Approved for Use 1/3/2023)
293957.v5
agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

20.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Contractor unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Contractor of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

20.9. Excused Failure to Perform. Contractor shall not be liable for any failure to perform if ContractRUSUHVHQWVDFFHSWDEOHHYLGHQFHLQ&LW\¶VVROHMXGJPHQWWKDWVXFK IDLOXUH was due to causes beyond the control and without the fault or negligence of Contractor.

20.10. 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 preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

20.11. AttRUQH\V¶)HHVIf legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, each party shall pay its own costs, including DQ\DFFRXQWDQWV¶DQGDWWRUQH\V¶IHHVH[SHQGHGLQWKHDFWLRQ

20.12. Venue. The venue for any litigation shall be the Superior Court of California for the County of Los Angeles and Contractor hereby consents to sole jurisdiction in that court for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
[Signatures on following page]
Construction Services Agreement

Page 20 of 26 ends

(Approved for Use 1/3/2023)
293957.v5
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. ³&LW\´
City of Sierra Madre
By:

Signature
Printed:

Title:

Date:

Attest:

By:

City Clerk
Date:
³&RQWUDFWRU´
E. C. Construction
By:

Signature
Printed:

Title:

Date:

Approved as to form:

By:

Aleks R. Giragosian, City Attorney
Date:

Construction Services Agreement

Page 21 of 26 ends

(Approved for Use 1/3/2023)
293957.v5

CAMPAIGN CONTRIBUTION

DISCLOSURE PROVISIONS
Cities 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 Form must be completed andreturned
tothe Citywithyourapplication.

1. No City councilmember or commissioner shall accept,
solicit, or direct a contribution of more than $250 from any party1 or agent2 for 12 months subsequent to the
date a final decision is rendered by the City. This
prohibition commences when your application has
been filed, or the proceeding is otherwise initiated.

2. A party to a Cityproceeding shall disclose on the record of the proceeding any contribution of more than $250
made to any councilmember or commissioner by the
party, or agent, during the preceding 12 months. No
party to a City proceeding, or agent, shall make a
contribution to a councilmember or commissioner during
the proceeding and for 12 months following the date a
final decision is rendered by the City.

3. Prior to rendering a decision on a City proceeding, any councilmember or commissioner who received
contribution of more than $250 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 be disqualified from participating in the
proceeding. However, if any councilmember or
commissioner receives a contribution that otherwise
would require disqualification, and returns the
contribution within 30 days of knowing about the
contribution and the relevant proceeding, that
councilmember or commissioner shall be permitted to
participate in the proceeding.
1 “Party” is defined as any person who files an
application for, or is the subject of, a proceeding.
2 “Agent” is defined as a person who represents a
party in connection with a proceeding. If an
To determine whether a campaign contribution of more than $250 has been made by you or your agent to a councilmember or commissioner within the preceding 12 months, all
contributions made by you or your agent during that period must be aggregated.

Names of current City councilmembers and commissioners are available on the City’s website. If you have questions about Government Code Section 84308, FPPC regulations, or the Campaign Disclosure Form, please contact the City Clerk.

CAMPAIGN CONTRIBUTION DISCLOSURE
FORM
(a) Document:
ɷ License
ɷ Lease
ɷ Permit
ɷ Franchise
ɷ Other Contract
ɷ Other Entitlement
Name and address of any party, or agent, who has contributed more than $250 to any councilmember or commissioner within the preceding 12 months:

1. 2.

3. (b) Date and amount of contribution:

Date Amount $
Date Amount $
(c) Name of councilmember or commissioner to whom
contribution was made:

1. 2.

3. (d) I certify that the above information is provided to the best of my knowledge.

Printed Name Signature
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 corporation is a
party to a proceeding, the majority shareholder is subject Date Phone
Construction Services Agreement

Page 22 of 26 ends

(Approved for Use 1/3/2023)
293957.v5
to these provisions.

Construction Services Agreement

Page 24 of 26 ends

(Approved for Use 1/3/2023)
293957.v5
:25.(56¶ COMPENSATION INSURANCE CERTIFICATE
The CONTRACTOR shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code which UHTXLUH HYHU\ HPSOR\HU WR EH LQVXUHG DJDLQVW OLDELOLW\ IRU ZRUNHUV¶ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

DATE: E.C. Construction
By:
(Signature)
(Title)
Attest:

By:
(Signature)
(Title)
NOTE: See Section 5-4 INSURANCE, Paragraph 5-4.1 of the Standard Specifications for insurance carrier rating requirements.

Construction Services Agreement

Page 25 of 26 ends

(Approved for Use 1/3/2023)
293957.v5
STATEMENT REGARDING &2175$&725¶6 LICENSING LAWS

CITY OF SIERRA MADRE, CALIFORNIA
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California &2175$&725¶V license as set forth below:

Business & Professions Code § 7028.15:
a) It is a misdemeanor for any person to submit a bid to a public agency to engage in the business or act in the capacity of a CONTRACTOR within this state without having a license therefor, except in any of the following cases:
(1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code.
b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.

In the event the person performing the contracting work has agreed to furnish materials and ODERURQDQKRXUO\EDVLV³WKHSULFHRIWKHFRQWUDFW´IRUWKHSXUSRVHVRIWKLVVXEGLYLVLRQ means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed.
c) This section shall not apply to a joint venture license, as required by Section 7029.1.

However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his/her individual licenser. d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed CONTRACTORs to render services within the scope of their respective practices. e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a CONTRACTOR who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the CONTRACTOR was properly licensed when the CONTRACTOR submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a CONTRACTOR who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, as CONTRACTOR who is not licensed pursuant to this chapter is void.

Construction Services Agreement

Page 26 of 26 ends

(Approved for Use 1/3/2023)
293957.v5
f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or CONTRACTOR and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code § 20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state.

However, at the time the contract is awarded, the CONTRACTOR shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of CONTRACTORs verifies to the AGENCY that the records of the &RQWUDFWRUV¶ State License Board indicate that the CONTRACTOR was properly licensed at the time the contract was awarded. Any bidder or CONTRACTOR not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate GLVFLSOLQDU\ DFWLRQ E\ WKH &RQWUDFWRUV¶ 6WDWH /LFHQVH %RDUG 7KH $*(1&< VKDOO LQFOXGH D statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.
&2175$&725¶V/LFHQVH1XPEHU

License Expiration Date:

Authorized Signature:

Date:

Construction Services Agreement

Page 27 of 26 ends

(Approved for Use 1/3/2023)
293957.v5
[The following Non-collusion Declaration must be
executed by Bidder and submitted with the Bid]
Construction Services Agreement

Page 28 of 26 ends

(Approved for Use 1/3/2023)
293957.v5

NON-COLLUSION AFFIDAVIT
The undersigned declares:

I am the of , the party making
the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [state].
&2175$&725¶V 6LJQHU¶V Name
&2175$&725¶V 6LJQHU¶V Title
Business Address:

CONT5$&725¶V Business Name
&2175$&725¶V Business Name
Mailing Street Address
City, State, Zip Code
Telephone #

City of Sierra Madre
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM:

REVIEWED BY:

Miguel Hernandez, Assistant City Manager
Michael Bruckner, City Manager
DATE: October 28, 2025
SUBJECT: RESOLUTION 25-66 AMENDING THE CLASSIFICATION PLAN

AND SALARY MATRIX FOR CLASSIFIED EMPLOYEES

ASSOCIATION, SIERRA MADRE PROFESSIONAL

FIREFIGHTERS ASSOCIATION, CONFIDENTIAL-EXEMPT, AND

EXECUTIVE MANAGEMENT

STAFF RECOMMENDATION
It is recommended that the City Council adopt Resolution 25-66, approving amendments to the Classification Plan and Salary Matrix for the Classified Employees Association (CEA), Sierra Madre Professional Firefighters Association (SMPFA), Confidential-Exempt, and Executive Management classifications. This action also adopts the amended MOUs for CEA and SMPFA and establishes the new Library Services Director classification within the Executive Management group.

ALTERNATIVES

1. The City Council may adopt Resolutions 25-66, approving the amendments to the Classification Plan and Salary Matrix for Classification Plan and Salary Matrix for Classified Employees Association, Confidential-Exempt, and Executive Management.

2. City Council may choose to deny some or all the resolutions and provide alternate direction to staff.

3. City Council may choose to have staff return to a future Council meeting with additional information.

SUMMARY
City negotiators have concluded collaborative meet-and-confer sessions with the respective employee associations to review proposed modifications to the existing Memoranda of Understanding (MOUs). These amendments address cost-of-living adjustments (COLAs), benefit program updates, and classification structure alignment across all affected employee groups.

Human Resources is requesting City Council approval of the attached MOU’s with the Classified Employees Association (CEA) and the Sierra Madre Professional Firefighters Robert Parkhurst, Mayor
Kristine Lowe, Mayor Pro Tem
Edward Garcia, Council Chambers
Gene Goss, Council Member
Kelly Kriebs, Council Member
Sue Spears, City Treasurer

Page 2 of 4 ends

Association (SMPFA). Approval of these agreements will formalize the negotiated terms and provide updated labor contracts that support both operational needs and employee interests.

Additionally, City staff recommends City Council approve the creation of the Library Services Director position. Currently, the Library Services Manager/City Librarian position falls within the Confidential-Exempt classification.

ANALYSIS
Classified Employees Association (CEA)
The City’s contract with employees represented by the Classified Employees Association (CEA) is set to expire on June 30, 2027. Over the past several months, the City’s Negotiating Team has served as the intermediary between the City Council and the CEA to meet and confer on a previously negotiated re-opener regarding terms and conditions of employment for CEA-represented employees. The following items were agreed upon by both parties:

1. A 3.0% cost of living adjustment (COLA) for Fiscal Year 2025/2026, based on the Bureau of Labor Statistics Chained Consumer Price Index (C-CPI-U), calculated using April 2025 data.

2. A sick leave buy-back program allowing employees to redeem up to 40 hours of unused sick leave.

3. An alternate 4/10 work schedule option for Public Works and Utilities employees.

Upon ratification, CEA employees will receive a 3.0% salary increase retroactive to July 13, 2025.

Sierra Madre Professional Firefighters Association (SMPFA) The City’s contract with employees represented by the Sierra Madre Professional Firefighters Association (SMPFA) is set to expire on June 30, 2026. Over the past several months, the City’s Negotiating Team has served as the intermediary between the City Council and the SMPFA to meet and confer on a previously negotiated terms and conditions of employment for SMPFA-represented employees. The following items were agreed upon by both parties:

1. A 3.0% cost of living adjustment (COLA) for Fiscal Year 2025/2026, based on the Bureau of Labor Statistics Chained Consumer Price Index (C-CPI-U), calculated using April 2025 data.

2. 12-Day FLSA work period.

3. Annual wellness program.

Upon ratification, SMPFA employees will receive a 3.0% salary increase retroactive to July 13, 2025.

Executive Management and Confidential-Exempt Employees (CEA) In addition to negotiations with the CEA and SMPFA, the City also engaged with employees in the Executive Management and Confidential-Exempt groups to review cost of living adjustments. Neither group has received a COLA since 2019. After several meetings, the following adjustments were agreed upon:
x Executive Management employees will receive a 3.0% COLA. x Confidential-Exempt employees will receive a 6.0% COLA.

Page 3 of 4 ends

Both adjustments will be applied retroactively to July 13, 2025. No additional items were negotiated with either group.

Library Services
After a thorough review of the current Library Services Manager/City Librarian responsibilities, the City Manager recommends reclassifying the Library Services Manager/City Librarian position from the Confidential-Exempt classification to the Executive Management classification, with the new title of Library Services Director. This reclassification reflects the scope and complexity of the position’s responsibilities, including oversight of library operations, strategic planning, budget management, and community engagement at an executive level.

Currently, the Library Services Manager/City Librarian is responsible for overseeing the full scope of services and operations at the Sierra Madre Public Library, including planning, budgeting, and program development. This classification exists to perform a comprehensive range of professional library work, ensuring effective leadership and high-quality service delivery. Key responsibilities include supervising and evaluating staff, coordinating programs and activities, managing the library collection and budget, and maintaining accurate records and reports. The position also plays an active role in strategic planning, policy development, and community engagement, interpreting library objectives and services for residents, organizations, and stakeholders. In addition, the Library Services Manager/City Librarian oversees customer service, circulation desk operations, public relations, and marketing efforts to promote library programs and resources, while maintaining a strong commitment to innovation, fiscal responsibility, and superior service.

The adjustment will not negatively impact the General Fund budget for Fiscal Year 2025-26.

The only modification required is the establishment of a new salary range within the Executive Management Compensation Plan and Salary Matrix to align with the revised classification.

FINANCIAL REVIEW/SOURCE OF FUNDING
The proposed COLA adjustments and the Library Services Director reclassification are budget neutral for FY 2025–26. Funding is available within existing departmental appropriations and does not impact the General Fund or established reserves.

The cost for the Firefighter Wellness program is estimated at $12,000 per year. Funding for this item will be included in the FY 2025/26 midyear budget request.

The revised Classification Plan and Salary Matrix (Attachment 4) reflects these changes as adopted by Resolution 25-66.

STRATEGIC PLAN CORRELATION
The proposed actions directly support the following elements of the City of Sierra Madre 2025–2026 Strategic Plan:

Goal Objective Initiative / Project Correlation

1. Organizational
Sustainability

1.1 Workforce & Talent
Management

1.1.1 Recruit and retain
staff
CEA, Executive,
Confidential COLAs

1. Organizational
Sustainability

1.3 Technology & Process
Innovation

1.3.1 Process
modernization
Streamlined HR/payroll
systems

2. Public Safety 2.1 Sustaining Fire 2.1.1 Fire Services SMPFA MOU updates

Page 4 of 4 ends

Services Sustainment

4. Organizational
Excellence

4.3 Public Transparency &
Communication

4.3.1 Resident
engagement initiatives
Library Services Director
reclassification

ENVIRONMENTAL (CEQA)
The proposed action does not constitute as a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can be determined with certainty that it will have no impact on the environment.

PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process. Copies of this report are available at City Hall, at the Sierra Madre Public Library, and can be accessed on the City’s website at sierramadreca.gov.

Attacments:

1. Resolution 25-66 adopting the amendments to the City’s Classification Plan and Salary Matrix.

2. Classified Employees Association Draft MOU

3. Sierra Madre Professional Firefighters Association draft MOU

4. Amended Classification Plan and Salary Matrix for Classified Employees Association, Sierra Madre Professional Firefighters Association, Confidential-Exempt Employees, and Executive Management Employees.

RESOLUTION NO. 25-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIERRA MADRE

AMENDING THE CLASSIFICATION PLAN AND SALARY MATRIX AND

ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

SIERRA MADRE AND THE SIERRA MADRE CLASSIFIED EMPLOYEES

ASSOCIATION AND THE SIERRA MADRE PROFESSIONAL FIREFIGHTRERS

ASSOCIATION

THE CITY COUNCIL OF THE CITY OF SIERRA MADRE DOES HEREBY RESOLVE:

WHEREAS, the City of Sierra Madre employs full-time employees who are members of the Sierra Madre Classified Employees Association, Sierra Madre Professional Firefighters Association; and
WHEREAS, the City Council recognizes the Sierra Madre Classified Employee Association and Sierra Madre Professional Firefighters Association, under Section 2.48.040 of the City of Sierra Madre Municipal Code; and

WHEREAS, the City Council negotiated a memorandum of understanding (MOU) with all the Classified Employees Association for all covered employees a 3% cost of living adjustment for Fiscal Year 2025-26; 40-hour sick leave buy back; and memorializing the Public Works/Utilities employees 4/10 alternate work schedule; and WHEREAS, the City Council negotiated a memorandum of understanding (MOU) with all the Sierra Madre Professional Firefighters Association for all covered employees a 3% cost of living adjustment for Fiscal Year 2025-26; 12-day FLSA work period; and a voluntary wellness program; and
WHEREAS, the City Council has authorized modifying the Classification Plan and Salary Matrix for Classified Employees Association, Sierra Madre Professional Firefighters Association, Confidential-Exempt and Executive Management employees for Fiscal Year 2025- 2026 by approving a 3% cost of living adjustment to the Classified Employees Association, Sierra Madre Professional Firefighters Association, and Executive Management employees; and a 6% cost of living adjustment for Confidential-Exempt employees.

WHEREAS, the City Council has authorized modifying the Classification Plan and Salary Matrix for Executive Management and Confidential-Exempt employees adding Library Services Director to the Executive Management Classification Plan and Salary Matrix eliminating the Library Services Manager position from the Confidential-Exempt Compensation Plan and Salary Matrix.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE

CITY OF SIERRA MADRE DOES HEREBY DETERMINE AND ORDER AS FOLLOWS:

Section 1. The City of Sierra Madre adopts the Memorandum of Understanding between the City of Sierra Madre and the Sierra Madre Classified Employees Association and the Sierra Madre Professional Firefighters Association.

Section 2. The City of Sierra Madre adopts the Classification Plan & Salary Matrix for Fiscal Year 2025-2026 as presented in Attachment 4.

Section 2. Effective Date. This Resolution shall be effective retroactive to July 13, 2025.

PASSED, APPROVED AND ADOPTED this 28th day of October, 2025. ______________________________
Mayor Robert Parkhurst
City of Sierra Madre, California
I hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Sierra Madre held on the 28th day of October, 2025 by the following vote:

AYES:

NOES:

ABSENT:
______________________________
Laura Aguilar, City Clerk
City of Sierra Madre, California
13069131.2 SI020-088

Memorandum of
Understanding
Between the City of Sierra Madre and the Sierra
Madre Classified Employees’ Association
December 13, 2022 – June 30, 2027
Amended October 28, 2025
Resolution 25-XX

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 2 Contents
ARTICLE 2 DEFINITIONS .......................................................................................................................... 5 ARTICLE 3 IMPLEMENTATION ................................................................................................................ 6 ARTICLE 4 RECOGNITION ....................................................................................................................... 6 ARTICLE 5 PROBATIONARY PERIOD ....................................................................................................... 6 Section 1 Initial Probation Periods........................................................................................................ 6 Section 2 Probation Period Extensions ................................................................................................. 6 Section 3 Evaluations ......................................................................................................... ................... 7 Section 4 Termination / Reinstatement ............................................................................................... 7 Section 5 Permanent Appointment ...................................................................................................... 7 Section 6 Probationary Test Period ...................................................................................................... 7 ARTICLE 6 TRANSFERS ........................................................................................................... ................. 7 ARTICLE 7 OTHER EMPLOYMENT ........................................................................................................... 7 Section 1 Outside Employment or Activities ........................................................................................ 7 Section 2 Conflict of Interest ................................................................................................................ 8 ARTICLE 8 THE COMPENSATION PLAN ................................................................................................... 8 Section 1 Salary Advancement ............................................................................................................. 8 Section 2 Merit Increase ....................................................................................................................... 9 ARTICLE 9 COMPENSATION ................................................................................................................... 9 Section 1 Increase ................................................................................................................................. 9 Section 2 Good Driving Incentive .......................................................................................................... 9 Section 3 Movie Detail ........................................................................................................ .................. 9 Section 4 On-Call Duty ........................................................................................................ ................ 10 Section 5 Water and Sewer Certification Stipends ............................................................................. 10 Section 6 Foreign Language Bonus ..................................................................................................... 11 Section 7 Longevity Pay ...................................................................................................................... 11 Section 8 Classification and Compensation Study .............................................................................. 11 Section 9 Performance Evaluations .................................................................................................... 11 ARTICLE 10 OVERTIME ........................................................................................................................... 12 Section 1 Time Worked ....................................................................................................................... 12 Section 2 Overtime Approval – Straight Time .................................................................................... 12 Section 3 Overtime Approval – Time and One-Half ............................................................................ 12 Section 4 Overtime Approval – Double Time ..................................................................................... 12 Section 5 Holiday Pay ......................................................................................................... ................. 13 Section 6 Compensatory Time ............................................................................................................ 13

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 3 ARTICLE 11 ANNUAL VACATION LEAVE ................................................................................................. 13 Section 1 Vacation Accrual ................................................................................................................. 13 Section 2 Accumulated Vacation ........................................................................................................ 14 ARTICLE 12 HOLIDAYS ........................................................................................................... ................. 14 ARTICLE 13 SICK LEAVE ......................................................................................................... ................. 15 Section 1 Sick Leave Use ..................................................................................................................... 15 Section 2 Sick Leave Accrual ............................................................................................................... 16 Section 3 Reimbursement for Accrued Sick Leave ............................................................................. 16 Section 4 Excessive Sick Leave Usage or Abuse of Sick Leave ............................................................ 17 ARTICLE 14 WORKERS’ COMPENSATION ............................................................................................... 17 ARTICLE 15 UNIFORMS........................................................................................................................... 17 Section 1 Uniform Use ........................................................................................................................ 17 Section 2 Laundry Service ................................................................................................................... 18 ARTICLE 16 SAFETY EQUIPMENT ............................................................................................................ 18 ARTICLE 17 INSURANCE ......................................................................................................................... 18 Section 1 Insurance Benefits ............................................................................................................... 18 Section 2 Medical Stipend ..................................................................................................... ............. 19 Section 3 Health Insurance - Alternative Health Insurance Providers ................................................ 19 Section 4 Life Insurance and AD&D .................................................................................................... 19 Section 5 Level IV Survivor Benefit ..................................................................................................... 19 Section 6 Retirement Insurance Coverage ......................................................................................... 20 ARTICLE 18 RETIREMENT ....................................................................................................................... 20 Section 1 CalPERS Membership .......................................................................................................... 20 Section 2 Salary Subject to PERS ......................................................................................................... 20 Section 3 City Payment of Employer Contribution for CalPERS Retirement ...................................... 21 Section 4 Employee Contribution for CalPERS Retirement ................................................................ 21 Section 5 Laborers’ National (Industrial) Pension Fund (LNIPF) ......................................................... 21 ARTICLE 19 FLEXIBLE SPENDING ACCOUNTS ......................................................................................... 21 ARTICLE 20 WORKING HOURS, EMPLOYEE ATTENDANCE & WORK PERIODS ....................................... 22 Section 1 Hours of Work ..................................................................................................................... 22 Section 2 Work Days ........................................................................................................................... 22 Section 3 Pay Period ........................................................................................................................... 22 Section 4 Work Hours Per Year ........................................................................................................... 22 Section 5 Minimum Hours ....................................................................................................... ........... 23 ARTICLE 21 SENIORITY ........................................................................................................................... 23

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 4 ARTICLE 22 LAYOFF ............................................................................................................. ................... 23 Section 1 Definitions ......................................................................................................... .................. 23 Section 2 Length of Service ................................................................................................................. 23 Section 3 Retention Lists ..................................................................................................... ................ 23 Section 4 Procedure for Layoff ........................................................................................................... 24 Section 5 Reduction in Assigned Working Hours ................................................................................ 24 ARTICLE 23 TUITION REIMBURSEMENT PROGRAM ............................................................................... 24 ARTICLE 24 DISCIPLINARY PROCEEDINGS .............................................................................................. 24 Section 1 Disciplinary Action............................................................................................................... 24 Section 2 Causes for Disciplinary Action ............................................................................................. 25 Section 3 Imposition of Disciplinary Action ........................................................................................ 25 Section 4 Notice ................................................................................................................................. 26 Section 5 Employee Response ............................................................................................................ 26 Section 6 Final Action.......................................................................................................................... 26 Section 7 Appeals ............................................................................................................. ................... 26 Section 8 Procedure for Hearings before City Council ....................................................................... 27 ARTICLE 25 EMPLOYMENT GRIEVANCE PROCEDURE ............................................................................ 28 Section 1 Purpose ............................................................................................................. .................. 28 Section 2 Procedure - Individual Petitions .......................................................................................... 28 Section 3 Procedure - Association Petitions ....................................................................................... 28 Section 4 Procedure for Appeal .......................................................................................................... 29 ARTICLE 26 CONTINUATION OF WAGES, HOURS AND WORKING CONDITIONS ................................... 29 ARTICLE 27 EMPLOYEE RIGHTS .............................................................................................................. 29 ARTICLE 28 ASSOCIATION RIGHTS ......................................................................................................... 30 Section 1 Recognition ......................................................................................................... ................ 30 Section 2 Association Dues ................................................................................................................. 30 Section 3 Association Bulletin Board .................................................................................................. 30 Section 4 Representation .................................................................................................................... 30 Section 5 Release Time ....................................................................................................................... 31 ARTICLE 29 MANAGEMENT RIGHTS ....................................................................................................... 31 ARTICLE 30 AGREEMENT, MODIFICATION, WAIVER .............................................................................. 31 ARTICLE 31 OBLIGATION TO SUPPORT .................................................................................................. 31 ARTICLE 32 PROVISIONS OF LAW ........................................................................................................... 32 ARTICLE 33 RENEGOTIATION ................................................................................................................. 32

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 5 ARTICLE 1 PREAMBLE
It is the intent and purpose of this Agreement to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding matters related to wages, hours and/or other items and conditions of employment between full time classified employees represented by The Sierra Madre Classified Employees Association ("Association") and the City of Sierra Madre ("City") represented by management staff, in accordance with the California Government Code, Section 3500 et. seq. and Article II, Chapter 4 of the Sierra Madre Municipal Code.

This Agreement is to set out those items on which the City and Association have reached Agreement, so that these items will not have to be renegotiated during the term of the contract. The term of this Agreement is from December 1, 2022 to June 30, 2027, having been amended and ratified by the General Employees on October 15, 2025, approved and accepted by the City Council on October 28, 2025.

Either party can re-open a portion or portions of this contract, as defined below, for negotiations through a limited re-opener for the sole purpose of discussing and considering two items prior to the conclusion of this contract in the fiscal year 2025-2026. An “item” for the purpose of the said limited re-opener shall be limited to single term/condition or benefit, e.g. good driving incentive; and shall not mean an entire article of the Memorandum of Understanding, e.g. Article 9 - Compensation. In addition to the aforementioned two items, either party can re-open a portion of this contract through a limited re-opener on one additional item that covers members who work in the Public Works Department and Utilities Department, and whose positions require possession of a certification. This one additional item cannot be salary increase/COLA or insurance benefits. A request to re-open contract negotiations pursuant to this paragraph must be issued in writing between the dates listed below by the requesting party.

Upon receipt of such timely written request, the parties agree to meet and confer in good faith; however, the Association understands and agrees that no right to any additional benefit, including but not limited to, cost of living or health and welfare benefit increase, is conferred by this Agreement or any limited reopener negotiations.

ARTICLE 2 DEFINITIONS
Unless otherwise indicated within this Agreement the following definitions shall apply. Any words and terms that are not specifically defined in this article will have the common English language meaning as defined in the Webster’s New Collegiate Dictionary.

Agreement: This document, including all attachments and amendments that are officially adopted by the Association and the City Council of the City of Sierra Madre.

Association: The City of Sierra Madre Classified Employees’ Association, a collective negotiation unit that represents all classified employees of the City of Sierra Madre.

Appropriation: Authority to expend City funds granted by the Sierra Madre City Council.

City: The City of Sierra Madre, a general law city within the State of California and the County of Los Angeles.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 6 Employee Retirement Contributions: The statutory 8% contributions to the City sponsored retirement plan administered by CalPERS.

Employer Retirement Contributions: The actuarially determined contributions to the City sponsored retirement plan administered by CalPERS necessary to fund retirement benefits.

Flexible Spending Accounts: Depository accounts maintained on behalf of employees for the purpose of exempting such expenditures from income related taxes.

Personnel Officer: The City Manager or his/her designee.

Stated Salary: Negotiated salary for all purposes except calculations and reporting to CalPERS for retirement related issues.

Salary Subject to PERS: An employee’s unadjusted base salary plus the portion of the EPMC paid by the City of Sierra Madre, used solely for retirement related calculations and reporting to CalPERS.

ARTICLE 3 IMPLEMENTATION
This Agreement constitutes a mutual recommendation to be jointly submitted to the City Council of the City of Sierra Madre. It is agreed that this Agreement shall not be binding upon the parties either in whole or in part unless and until:
- The Association by a majority vote of its members formally accepts this Agreement, and - The City Council acts, by a majority vote, to formally approve and adopt said Agreement, and - The City Council acts to appropriate the necessary funds required to implement the provisions of this Agreement, which require funding, and
- The City Council acts in a timely manner to make the necessary changes in ordinances, resolutions, rules, policies and procedures to implement and conform to this Agreement for the period as specified in this Agreement.

ARTICLE 4 RECOGNITION
The City recognizes the Association as the recognized employee organization for all full-time classified employees of the City of Sierra Madre. Accordingly, this agreement does not apply to part-time, seasonal, management, confidential and exempt employees, or police employees. The Association recognition is in accordance with Section 2.48.040 of the Sierra Madre Municipal Code as approved by the City Council.

ARTICLE 5 PROBATIONARY PERIOD
Section 1 Initial Probation Periods
The initial 12 months of employment within a particular class of employment for newly hired employees shall be a probationary period or "probation." Existing employees who have accepted a new appointment or promotion shall be subject to probation for a period of six months.

Section 2 Probation Period Extensions
Where the Personnel Officer determines that the performance of a new employee during his/her probationary period warrants an extension of that period, he/she may extend the probationary period by

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 7 up to three months for any reason. The exercise of such discretion is not subject to administrative appeal or grievance procedure. The department head or designate shall notify the City Manager in writing as to the reasons for such contemplated extension of the probationary period at least 30 days prior to the conclusion of the normal probationary period, and shall give a copy of such notice to the employee.

Section 3 Evaluations
It shall be the responsibility of the department head or designate to furnish the City Manager with an evaluation report 10 days prior to the completion of each 90 days during the probationary period, or extended period of probation, and at least 10 days prior to the expiration of such period. The report shall contain a thorough investigation of the employee's performance progress and general acceptability for final determination of the employee's qualifications for permanent appointment. No probationary employee shall be terminated without prior approval of the City Manager.

Section 4 Termination / Reinstatement
Probationary employees may be rejected at any time during the probationary period without cause and without right of appeal or hearing, based upon the recommendation of the department head or designate and the approval of the City Manager. Each probationary employee shall be informed of this possibility at the time of his/her appointment or promotion.

An employee who has been released during the probationary period from a position to which he/she has been promoted, shall be reinstated to the position from which he/she was promoted, unless he/she is dismissed for cause, as provided in the Sierra Madre Personnel Rules and Regulations.

Section 5 Permanent Appointment
An employee's status shall be considered permanent upon the completion of the probationary period only if the department head or designate reports that the services of the employee have been “meets or exceeds standards” or better and that the employee is recommended for a permanent appointment and upon the approval of the City Manager. At such time as the permanent appointment is made the employee shall be entitled to the next step increase as appropriate.

Section 6 Probationary Test Period
In all instances, the probationary test period shall commence upon the employee being classified in the position to which the test period applies. Additionally, the probationary test period shall automatically, and as a matter of law, be extended by the number of days equivalent to the number of workdays that the employee did not perform services during the test period. The extension applies regardless of the cause for the employee being unable to perform services.

ARTICLE 6 TRANSFERS
Transfer of an employee from one position to another in the same or comparable class from one department to another, may be made on concurrence of both department head and the City Manager.

No transfer shall be made unless the same is required for the purpose of economy and efficiency.

ARTICLE 7 OTHER EMPLOYMENT
Section 1 Outside Employment or Activities
No full-time employee shall engage in any outside employment without first obtaining written approval of the Personnel Officer. The Personnel Officer shall deny permission to the employee to engage in such

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 8 outside employment if the Personnel Officer finds either that such employment renders, or would render, such employee less able, actually or potentially, to perform his or her duties as an employee of the City.

Failure of any employee to obtain approval of the Personnel Officer may be grounds for dismissal. The type of outside employment may also be restricted by Government Code section 1126(b).

Section 2 Conflict of Interest
No employee shall engage in any outside employment which involves dealing or contact with any other City employee or official, in such other employee's official capacity in connection with the enforcement of interpretation of any City law or regulation or any state or federal law, the enforcement of which is charged to the City.

ARTICLE 8 THE COMPENSATION PLAN
Section 1 Salary Advancement
Application of the five steps within a range shall in general be administered in the following sequence for classified employees:
- Upon approval of the Personnel Officer, an employee may be hired at step 1 - 5 in the salary range applicable to the classification.
- The Personnel Officer shall have the authority to adjust an employee's salary step forward within the salary range when the purpose is to correct an existing inequity or give recognition to exceptional performance.
- The advancement in steps from Steps 2 to 5 shall be as follows:
- Each additional step will be awarded to an employee upon completion of an annual performance appraisal with an overall rating of “meets or exceeds standards” or above. Each increase is subject to the department head's recommendation and approval of the City Manager.
- No step advancement shall be made until it is clearly evidenced by a "meets or exceeds standards" or better performance appraisal. Length of service alone will not be considered as an adequate explanation for recommendation for approval of a salary adjustment.

All salary increases shall be effective at the beginning of the pay period following approval by the City Manager.

Salary advancement for each employee shall not be withheld unless the employee falls below a “meets or exceeds standards” level of service as established by performance evaluation. Service shall require a minimum of at least one year at each step after step 1.

If an employee is not rated “meets or exceeds standards” or better, that employee shall not receive the next step advancement until said employee's performance reaches “meets or exceeds standards” or better. Those employees not rated “meets or exceeds standards” or better shall be reevaluated every 90 days.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 9 Upon approval of the City Manager, a step increase may be approved before the annual performance appraisal is submitted, if the employee will receive an overall rating of “meets or exceeds standards” when the evaluation is completed.

If an employee is denied a step increase he/she may appeal said denial through the grievance procedure contained in this Agreement.

Section 2 Merit Increase
The City's Manager, at his/her sole discretion, may approve a temporary merit step increase up to 10% for a special temporary assignment.

ARTICLE 9 COMPENSATION
Section 1 Increase
As agreed upon and adopted in City Council Resolution No. 18-35, each classic member employee paying the full statutorily required amount of the employee contribution to CalPERS for classic members, which is currently 8% for miscellaneous employees. Classic members are those members who do not qualify as new members under Government Code section 7522.04.

Upon ratification of this agreement, all currently employed CEA members will receive a 5% salary increase effective July 2, 2023 and receive a 5% salary increase effective July 14, 2024. Effective July 13, 2025, all currently employed CEA members will receive a 3% salary increase.

The City may determine that financial conditions allow for a limited re-opener of the MOU as to the single item of a cost-of-living adjustment (COLA) salary increase for Fiscal Year 2026-2027. Such determination is at the City’s sole discretion. No other items or provisions of the MOU are subject to reopening. If the City determines that financial conditions allow for a limited re-opener of the MOU as to the single item of a cost-of-living adjustment (COLA) salary increase for Fiscal Year 2026-2027, the parties will endeavor to commence re-opener negotiations by no later than February 1, 2026.

Section 2 Good Driving Incentive
A Good Driving Incentive Program is established for all employees required to obtain and maintain a valid class B commercial driving certification as a condition of employment (hereinafter “class B drivers”). Those employees who are class B drivers and maintain a clean driving record without tickets or accidents of any kind for the period of December 2 the prior calendar year through December 1 of the subject calendar year shall be eligible for a calendar year-end bonus of $350 per year, subject to applicable taxes and deductions, payable at the 26th pay period of the calendar year. Verification of a clean driving record is subject to confirmation by the City of Sierra Madre Human Resources Department. Failure to verify compliance with the requirements of this section shall render any potentially eligible class B driver ineligible for payment of the year-end bonus.

Section 3 Movie Detail
When covered employees are required to work in connection with a movie detail, the employee shall be paid time and one-half of the employee’s regular pay.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 10 Section 4 On-Call Duty
Any employee assigned to the pager duty shall receive compensation of $50 for each 24-hour period in which they are on pager duty, in addition to any other payment they receive for call-outs and/or Water Public Works Department rounds.

Assignment of on-call duty shall be on a rotating basis among qualified staff, with on-call duty or “duty man” assignments beginning at the end of regular working hours on Thursdays and ending at the beginning of regular working hours on the following Thursday. Schedules of on-call duty assignments shall be updated every four months (January, May and September) and shall be posted adjacent to the Public Works time clock, and provided to the City Manager, Director of Public Works, Public Works Management Analyst, Public Works administrative staff, City Hall front desk (2 copies), and police dispatch (2 copies.) Posting shall list duty man cell phone and appropriate contact numbers.

Members serving on-call or duty man status shall respond to the caller within 15 minutes of receiving the call. It shall be the responsibility of the person standing on-call duty to ensure that the assigned cell phone and his cell and/or home phone devices are in working order. Failure to reply to a duty-man emergency call within 15 minutes of receipt and respond to the actual emergency within 45 minutes from receiving the call shall be grounds for forfeiture of on-call duty pay for that 24-hour period, and may be cause for further disciplinary action.

Section 5 Water and Sewer Certification Stipends
Public Works employees are eligible for either water or sewer certification stipends for the following certifications:
- D-1 and T-1 certificate OR Grade 1: $115.00 per month; - D-2 and T-2 certificate OR Grade 2: $265.00 per month; - D-3 and T-3 certificate: $145.00 per month to one eligible Utilities employee only It is the intent of the City that one employee of the Water Division of the Utilities Department, in addition to the Utilities Services Director, possess a D-3 and T-3 certification. The City will only cover the cost associated with obtaining D-3 and T-3 certification upon pre-approval by the Utilities Services Director in writing. Thus, should an employee seek to obtain D-3 and T-3 certification and have the City cover the cost associated with obtaining the certification, the employee must first receive the pre-approval of the Utilities Services Director in writing. An employee of the Water Division of the Utilities Department who obtains a D-3 and T-3 certification may have the opportunity to receive a monthly stipend. Only one employee of the Water Division of the Utilities Department will receive the monthly stipend should he/she qualify, and the Utilities Services Director shall determine who receives it and whether the employee qualifies. Should multiple employees of the Water Division of the Utilities Department obtain the D-3 and T-3 certificates at the same time, the Utilities Services Director will decide who receives the stipend and will consider seniority in making the decision.

Employees will not receive Level 1 plus Level 2 stipends cumulatively. In other words, if an employee receives a Level 2 certification in Distribution he/she will receive only the Level 2 stipend, not Level 2 plus Level 1. However, employees will receive a stipend for each certification held. So if an employee holds a D-2 and T-2 certificate, he/she will receive two times the Level 2 stipend. The same applies to Grade 1 and Grade 2 sewer stipends. Employees cannot receive compensation for both water and sewer stipends.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 11 Section 6 Foreign Language Bonus
For members covered under this agreement who work at a front counter that are proficient to assist customers in an alternate language may be eligible for a one-time Foreign Language Bonus of $750. In order to earn the bonus, the member must pass a test, agreed upon between the Association and the City Manager, for reading and writing in the foreign language.

Section 7 Longevity Pay
Effective July 1, 2016, Longevity Pay recognizes City service, and shall be exclusive of all other premiums and other pays, and shall be established for all full-time employees represented by the MOU. A one-time “Longevity-Pay bonus” will be paid at the employee’s current annual rate of pay at the time of eligibility.

The effective date of Longevity Pay shall be the beginning of the pay period following the employee’s qualifying anniversary date of eligibility.

An employee is eligible to receive Longevity Pay at such time when the employee begins each year of service as follows:

Eligible Years of Service Longevity Pay
10 2.5%
15 2.5%
20 2.5%
25 2.5%
30 2.5%
35 2.5%
40 2.5%
This Longevity Pay is not compensation earnable since it does not meet all of the requirements under 2 C.C.R. § 571.

Section 8 Classification and Compensation Study
The City shall conduct a classification and compensation study in a manner the City deems appropriate for positions classified in the Classified Employees Association classification. Similar classifications in the non-profit and the private sectors, and at the following peer cities Santa Fe Springs, Commerce, Westlake Village, La Canada, Hawaiian Gardens, Artesia, Claremont, San Dimas, and the most similar peer cities: San Marino, Signal Hill, and South Pasadena, shall be used for the study. The study is to be completed by no later than May 16, 2022.

Section 9 Performance Evaluations
Should an annual performance appraisal not be completed by the first full pay period following the employee’s annual anniversary date, the department head may, at their sole discretion, recommend to the City Manager the award of an additional step to an eligible employee (up to step 5). The department head may consider the supervisor’s feedback regarding the employee’s performance in making their recommendation. The City Manager’s or designee determination on whether to award the additional step is final. The awarded additional step will be effective the first full pay period following the City Manager’s approval. An annual performance appraisal must still be completed for the employee irrespective of whether an additional step was awarded prior to its completion.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 12 Section 10 Voluntary ICMA 457 Deferred Compensation
The City will contribute a matching contribution amount of up to $25.00 per pay period not to exceed $50.00 in total per month where the employee makes a contribution to their voluntary ICMA 457 Deferred Compensation Plan.

ARTICLE 10 OVERTIME
All overtime assigned and worked shall be compensated for in the following manner:

Section 1 Time Worked
"Overtime" is all actual hours worked over 40 hours in a seven-day period. In determining an employee's eligibility for overtime compensation in a work period, paid leaves and unpaid leaves of absence shall be excluded from the total hours worked. Paid leaves of absence include, but are not limited to: vacation, sick leave, administrative leave, compensatory leave, worker's compensation leave, jury duty, bereavement leave and military leave.

Section 2 Overtime Approval – Straight Time
All overtime must be approved prior to being worked and shall be paid at the employee's regular straight time rate, except to the extent that actual hours worked within a seven day period exceed 40 hours as defined in Section 1.

Section 3 Overtime Approval – Time and One-Half
All overtime must be approved prior to being earned. The time that exceeds 40 hours of work as defined in Section 1 shall be paid at time and one-half the employee's regular rate of pay as defined under the Federal Fair Labor Standards Act (FLSA).

An employee assigned to weekend Water Department rounds shall be paid at the rate of one and ½ times his/her regular straight time rate for all time worked while performing this duty. Employees shall receive a minimum of two hours compensation regardless of whether the employee actually worked less than two hours. This provision shall be applicable to employees even though the employee's regular workweek is not completed and total hours worked is less than 40 hours in a seven day period.

Section 4 Overtime Approval – Double Time
All overtime must be approved prior to being worked. All call-outs shall be compensated at a rate equal to two times the regular straight time rate of any employee required to make such call-outs, rounds and work. In case of such a call-out, compensation shall be for a minimum of two hours of each occasion.

An employee called back to work after completing his/her normal work shift and having left City premises and/or work location for non-scheduled overtime, utilized in the case of an emergency, shall be paid at the rate of two times his/her regular straight time rate for each hour worked. Employees who are called back to work shall receive a minimum of two hours compensation regardless of whether the employee actually works less than two hours.

This provision shall be applicable to employees even though the employee's regular workweek is not completed. However, this provision shall not apply to an employee whose normal work shift has been extended, or to an employee who has been called to report to work one hour earlier than his/her normal work shift would begin.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 13 Section 5 Holiday Pay
Employees who work on a holiday will be compensated accordingly. If it is an employee’s regular work day, the employee will receive holiday pay, plus time and one-half for the hours worked. If it is an employee’s regular day off per the 9/80 work schedule, the employee will receive eight hours of floating holiday, plus time and one-half for the hours worked.

Employees who work the Mount Wilson Trail Race on the Saturday of Memorial Day weekend will be compensated at time and one-half for the hours worked.

An employee assigned to Water Department rounds on a holiday shall be paid double time. Employees shall receive a minimum of two hours compensation regardless of whether the employee actually worked less than two hours.

Section 6 Compensatory Time
Any employee working overtime may designate either compensation on the next paycheck or "credit" to their compensatory time account. Overtime worked at the employee’s regular straight time rate shall be credited as compensatory time at one-hour credit for one hour worked. Overtime worked at the time and one-half rate shall be credited to compensatory time at one and one-half hour credit for each hour worked.
- The compensatory time account for any employee shall be limited to 160 hours, and must be approved prior to being earned and reported on the next payroll time sheet. - An employee shall notify his/her Department at least 72 hours prior to taking time off credited to compensatory time.
- When an employee terminates for any reason, the unused compensatory balance shall be paid to the employee at the employee's final regular pay rate.
- An employee may use his/her compensatory time to extend his/her vacation period with the approval of the department head.

ARTICLE 11 ANNUAL VACATION LEAVE
Full-time employees are entitled to annual vacation leave with pay. Vacation leave shall be earned from the first day of probationary employment and may be used only as it is earned. Requests for vacation leave exceeding the amount of leave will require the prior approval of the Personnel Officer.

Section 1 Vacation Accrual
Every full-time probationary and regular employee shall accrue paid vacation leave per payroll period as follows:

Length of Service Service Years Per Payroll Annually
0 - 48 months 1 – 4 3.71 hours 96.46 hours
49 - 60 months 5 4.01 hours 104.26 hours
61 - 72 months 6 4.32 hours 112.32 hours
73 - 84 months 7 4.62 hours 120.12 hours
85 - 96 months 8 4.93 hours 128.18 hours
97 - 108 months 9 5.24 hours 136.24 hours

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 14 109 - 120 months 10 5.55 hours 144.30 hours
121 - 132 months 11 5.85 hours 152.10 hours
133 - 144 months 12 6.16 hours 160.16 hours
145 - 156 months 13 6.47 hours 168.22 hours
Over 157 months Over 14 6.78 hours 176.28 hours
Vacation shall accrue bi-weekly on a pro rata basis and increases shall occur at the beginning of the month.

For purposes of this section, continuous service shall include time in which an employee is on an authorized leave of absence with pay.

Section 2 Accumulated Vacation
Employees may accumulate up to a total of 135 hours vacation time, not including the current year's allocation as of January 1, of any given year, with the additional following restrictions:
- Employees are encouraged to take a minimum of two weeks (80 hours) vacation each year, if earned.

A Request for Leave of Absence Form shall be submitted 15 working days prior to any use of vacation leave.
- After 40 hours of non-sick leave has been taken in a 12-month period the employee may request payment for accumulated vacation leave in cash or deferred compensation at the employee’s regular straight time rate.

ARTICLE 12 HOLIDAYS
Every employee shall be entitled to the following holidays with pay each calendar year and such other days as may be designated by action of the City Council:
- January 1 (New Year’s Day)
- The third Monday in January (Martin Luther King’s Birthday) - The third Monday in February (Presidents’ Birthday)
- The last Monday in May (Memorial Day)
- July 4 (Independence Day)
- The first Monday in September (Labor Day)
- The second Monday in October (Columbus Day)
- November 11 (Veteran’s Day)
- Thanksgiving Day (fourth Thursday in November)
- The Friday after Thanksgiving Day
- December 24* (Christmas Eve)
- December 25 (Christmas Day)
- December 31* (New Year’s Eve)
* Denotes a partial holiday of four hours.

If any such holiday falls on a Sunday, the Monday following shall be treated as the holiday. If the holiday falls on a Saturday, the Friday preceding shall be treated as the holiday.

No employee shall be entitled to compensation for any holiday herein specified unless the employee was employed by the City on the day preceding and the day following the holiday. For the purposes of this

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 15 paragraph, an employee who is absent on authorized vacation with pay or on accrued sick leave shall be deemed to be employed at such time.

One day (nine hours) of Floating Holiday shall be granted to an employee working on a holiday, except for holidays that fall on an employee’s eight-hour work day, which will be compensated at eight hours and for the noted half day holidays which will be four hours.

All association members, with the exception of those who work at the Public Works Yard, will receive holiday pay when City Hall, the Library, and the Community Recreation Center are closed on the regular work days the week between Christmas holiday and the New Year’s Day holiday. The employees who work at the Public Works Yard will work the week between the Christmas and New Year’s Eve holidays and will receive 27 hours of Floating Holiday the first pay period in January, pro-rated to the date of hire for the first calendar year of employment.

All Floating Holiday earned must be used by the end of the corresponding calendar year. Any time not used will be cashed out on the last pay period of the calendar year. Floating holidays may be used at any time subject to:
- Use in at least fifteen minute increments in the calendar year; and - Two days advance approval unless waived by the department head.

Terminating employees shall be compensated for accrued unused floating holiday hours.

The Personnel Officer is empowered to determine whether the City shall observe special days declared by the President or Governor as days of thanksgiving or mourning. The Personnel Officer is also empowered to declare limited service days. On such limited service days, employees will have the option to work or take the day off. If the employee chooses to take the day off, he/she shall utilize floating holiday, compensatory time, or vacation leave. If no such paid leave is available, the Personnel Officer may grant leave without pay.

ARTICLE 13 SICK LEAVE
Sick leave is leave from duty which may be granted by the City to an employee because of illness, injury, exposure to contagious disease; illness or injury of a member of the employee’s immediate family requiring the employee’s attendance; and medical, dental and optical appointments to the extent that such appointments cannot be scheduled outside the work day.

An employee’s immediate family shall consist of the employee’s spouse or domestic partner, children, step-children; the employee’s spouse or the domestic partner’s mother, father, brother, sister, grandchildren or grandparents; or other members of the employee’s family residing in the employee’s home or other member of the employee’s family primarily dependent upon the employee.

Section 1 Sick Leave Use
An employee may be granted sick leave only in case of actual sickness as defined above or as otherwise required by law. In the event that an employee or a member of the employee’s immediate family recovers from any such sickness after being granted sick leave, and during the regularly scheduled hours of work, then such employee shall notify the appropriate immediate supervisor and be available to return to duty.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 16 In order to apply for sick leave use, an employee shall notify the appropriate immediate supervisor within one hour after the time established at the beginning of the employee’s workday, unless the City determines that the employee’s duties require more restrictive reporting. Additionally, each department may have its own guidelines for reporting in sick. Failure to provide notice without good cause shall result in that day of absence being treated as leave of absence without pay.

If the employee is absent on sick leave for more than one day the employee shall keep their immediate supervisor informed as to the date the employee expects to return to work.

Sick leave shall not be granted to any employee absent from duty as a result of any sickness, injury or disability purposely self-inflicted or caused by willful misconduct.

Sick leave shall not be granted to any employee absent from duty after separation from City service or during a City authorized leave of absence without pay or any other absence from duty not authorized by the City.

Sick leave shall not be granted to any employee to permit the extension of the employee’s vacation.

The City may require a physician’s certification at any time as to the sickness or injury of the employee or their immediate family member and the date of the employee’s intended return to work.

Employees will not be permitted to use vacation or other leave in lieu of sick leave unless approved by the Personnel Officer.

Section 2 Sick Leave Accrual
Employees shall accrue 3.69 hours of sick leave per pay period for a total of 96 hours per year. Accrual shall occur on a daily basis. No accrual shall take place for any day in which the employee has performed less than a full day of service.

Sick leave may be accrued to a maximum of 2,000 hours except as provided below.

Sick leave granted by the City and used by an employee shall be deducted from the employee’s accrued sick leave balance.

Employees granted a leave of absence with pay or other approved leave with pay shall accrue sick leave during such leave as provided therein.

Sick leave shall not be accrued by an employee absent from duty after separation from City service or during a City authorized leave of absence without pay, or any other absence from duty not authorized by the City.

Section 3 Sick Leave Cash Out
On an annual basis, employees may make an irrevocable election to cash out at their base hourly rate of pay up to 40 total hours of sick leave pursuant to the City’s policy on sick leave cash out in the City’s Personnel Rules and Regulations. Per the policy, to be eligible for such cash out, employees must timely submit an irrevocable leave election form and maintain 120 hours of combined vacation and sick leave remaining after the cash out.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 17 Section 4 Reimbursement for Accrued Sick Leave
Employee shall have no financial claim to reimbursement for unused sick leave upon leaving City employment, except as follows:
- Employees who voluntarily resign after completion of five years of continuous service shall receive 50% of any unused sick leave. Such compensation shall be calculated based on the employee’s existing range and step at the time of resignation. No employee shall receive compensation for more than 1000 hours.
- Employees, upon retirement from the City’s service and after completion of five years of continuous service, shall receive 50% of any unused sick leave. Such compensation shall be calculated based on the employee’s existing range and step at the time of retirement. No employee shall receive compensation for more than 1000 hours.

Section 5 Excessive Sick Leave Usage or Abuse of Sick Leave An employee who is excessively absent may be subject to disciplinary action. Excessive absenteeism shall include absence in excess of the average annual departmental sick leave usage unless covered/authorized by any lawfully protected leaves. Excessive absenteeism may occur regardless of the employee’s accrual.

ARTICLE 14 WORKERS’ COMPENSATION
All injuries sustained in the course of employment shall be reported at once to the employee’s supervisor, who shall in turn promptly report the same to the Personnel Officer. The Personnel Officer shall authorize medical treatment for the employee at one of the City’s approved medical clinics. In the event the employee is physically incapacitated in such a manner as to prevent submission of a report, the supervisor shall complete and forward the required reports to the Personnel Officer within 12 hours following the injury.

Any permanent classified employee directed by either the City’s or his/her physician to be absent from work due to an injury or illness arising out of and in the course and scope of City employment, shall receive full salary during the first six months of such absence. During the period of time that an employee is on leave as a result of a work related injury/illness and receiving full salary from the City, the employee shall sign over to the City any workers’ compensation disability payments received by the employee. Failure to do so shall cause the City to cease payment of the employee’s salary. An employee who has received a leave of absence pursuant to this section shall not accrue sick or vacation time during the period of disability.

ARTICLE 15 UNIFORMS
Section 1 Uniform Use
Each employee required to wear a uniform covered by this Agreement shall be entitled to City provided uniforms. Work shirts shall not be worn outside of normal work schedule, excluding travel time to and from work. The suggested annual uniform allocation for Public Works Employees shall consist of the following:
- Four work pants.
- Four work shirts.
- Six tee shirts, issued July 15th each year.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 18 - Two pair of work boots, one pair issued on July 15th and the other pair issued on January 15th. - Rain Gear as required.

All non-Public Works employees are permitted to wear “business casual” attire year-round, except when required to attend a meeting involving members of the general public, or other elected or appointed officials, or employees of any federal, state or local government agency when business dress is appropriate. Business casual attire shall be subject to the requirements and guidelines contained with the City of Sierra Madre Personnel Rules and Regulations, as such may be amended from time to time by the City of Sierra Madre in its sole and absolute discretion.

Section 2 Laundry Service
The City shall contract with a laundry service, at no direct cost to the employees, but subject to the IRS tax guidelines, who shall be responsible for the cleaning and maintenance of City supplied uniforms for those employees required to wear uniforms as part of their duties.

ARTICLE 16 SAFETY EQUIPMENT
The City shall furnish to employees any safety equipment required, and shall provide access and training through a safety committee.

ARTICLE 17 INSURANCE
Section 1 Insurance Benefits
The City shall maintain the following overall level of insurance benefits for each employee covered by this Agreement for the duration hereof. The specific coverage is subject to the provisions of the individual insurance company's master contract(s) as issued to the City of Sierra Madre for each type of insurance. - Insurance benefits offered by the City include:
- Health Insurance
- Dental Insurance
- Life and Accidental Death Insurance
- Vision Insurance
- Survivor Benefit
- Workers Compensation
- Unemployment
- The City has participated in the CalPERS medical program since 1995 to provide health coverage for association members. Pursuant to Government Code Section 22892 of the Public Employees’ Medical and Hospital Care Act (PEMHCA), for the calendar year beginning January 2023, the City will contribute $151.00. for each association member towards the PERS Health Care Plan. This amount is adjusted annually.
- The City will contribute an amount over its contribution under PEMHCA (which is $151.00 per month for the calendar year beginning January 2023. The total contribution per month, including the City’s contribution under PEMHCA, shall be through an IRS Section 125 Flexible Benefit Plan (FBP) administered by either the City or its designee, and be up to a maximum of:

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 19 Employee Only $850.00
Employee +1 $1,050
Family (3 plus) $1,200
Effective December 1, 2023 for the monthly premiums starting on January 1, 2024, the total contribution per month shall be up to a maximum of:

Employee Only $892.50
Employee +1 $1,102.50
Family (3 plus) $1,260
- In addition, the City provides a Flexible Spending Plan to allow employees to contribute to their health, dental and vision insurance coverage on a pre-tax basis. - The specific benefits are subject to change by the insurance carrier. The exact provisions governing each benefit program are contained in the Master Contract issued by the insurance carrier to the City of Sierra Madre.
- All insurance benefits offered by the City are subject to COBRA upon an employee’s resignation, retirement or other COBRA defined event.
- Refer to the certificate of coverage for a complete description of benefits and coverage. The City reserves the right to select any insurance carrier or other method of providing coverage to fund the benefits of the employees under the terms of this Agreement, provided that the benefits to employees shall be not less than those in existence as of implementation of this Agreement.

Section 2 Medical Stipend
An employee who elects not to purchase medical, dental, and vision insurance through the City’s plan and is covered by another group insurance plan, will receive a medical stipend of $325 per month.

Section 3 Health Insurance - Alternative Health Insurance Providers The City will allow the Association to sponsor an alternative provider of health insurance premiums provided that:
- The coverage is at least as comprehensive as the coverage provided through CalPERS (including deductibles, co-payments and service levels); and
- Contracting with the alternative insurance provider does not in any way compromise the City’s participation in the CalPERS Health Plans for employees or retirees.

Section 4 Life Insurance and AD&D
Term Life Insurance Coverage is provided for employee only at an amount of $50,000.

Section 5 Level IV Survivor Benefit
The employee paid survivor benefit is at Level IV.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 20 Section 6 Retirement Insurance Coverage
The City has participated in the CalPERS medical program since 1995 for association members. As such, the City is obligated to contribute toward the cost of retiree medical coverage for the retiree’s and spouse’s lifetime so long as they remain eligible for and covered by this medical program. The City provides additional benefits based this Memorandum of Understanding beyond those required under PEMHCA. The following is a summary of these benefits:

All association members who retire from the City (including disability retirement) and continue coverage in the CalPERS medical program are eligible for the benefit provided in the PEMHCA resolutions. Those resolutions provide for the City to contribute toward retiree premiums at an equal amount to the active employees, for 2014 this amount is $113.05.

In addition to the benefits described above, the City also provides the following monthly subsidy, inclusive of the contribution above, toward retiree (single coverage) medical premiums until the retiree reaches age 65:
- For CEA employees hired before October 15, 1995 who meet the requirements for CalPERS retirement (including industrial disability retirement), the City will pay 5% times the number of years worked for the City times the lesser of the actual premium for the lowest cost HMO premium in the Los Angeles area region.
- For CEA employees hired on or after October 15th, 1995 who retire (including disability retirement) at age 60 or older with at least 30 years if service with the City, will receive 100% of the actual premium or the lowest cost active employee HMO premium in the LA area region, whichever is less.

All other insurance coverage (vision, dental, & life) terminates upon retirement and is subject to COBRA.

Dependent health insurance coverage may be extended by co-payment. Premiums for dependent copayment must be submitted monthly in advance prior to the 15th of each month. The dependent co-pay coverage will terminate at age 65 or five years after the employee's death, whichever occurs first or within the guidelines of COBRA.

Dental insurance and dependent health insurance coverage will be subject to current COBRA and insurance provider guidelines. No insurance coverage will be extended for vision, life or AD&D insurance.

Premiums made to the City for COBRA coverage must be submitted monthly in advance prior to the 15th of each month.

ARTICLE 18 RETIREMENT
Section 1 CalPERS Membership
Consistent with the Government Code, employees who are local safety or miscellaneous members of the California Public Employees Retirement System are entitled to the benefits as indicated in the December 30, 1979 amendment to the contract between the Board of Administration of CalPERS and the City Council. The contract has been amended to provide for military buy-back.

Section 2 Salary Subject to PERS
The calculation of the salary subject to PERS will follow “CalPERS Public Agency & Schools Procedures Manual” as it pertains to “reportable and un-reportable wages”.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 21 Section 3 City Payment of Employer Contribution for CalPERS Retirement The City shall pay the employer share of the CalPERS retirement contribution as actuarially determined by CalPERS for each fiscal year covered by the Agreement. For classic members, as defined in Section 4 of this Article, the retirement benefit is 2.5% at 55 for miscellaneous employees. For new members, as defined in Section 4 of this Article, the retirement benefit is 2% @ 62.

Section 4 Employee Contribution for CalPERS Retirement
Classic member employees shall pay the full statutorily required amount of the employee contribution to CalPERS for classic members, which is currently 8% for miscellaneous employees. Classic members are those members who do not qualify as new members under Government Code section 7522.04.

Pursuant to the Public Employees’ Pension Reform Act of 2013, new member employees shall pay 50% of the normal cost rate for the defined benefit plan in which the new member employee is enrolled, rounded to the nearest quarter of 1%. (Government Code section 7522.30.) New members are defined under Government Code section 7522.04.

Section 5 Laborers’ National (Industrial) Pension Fund (LNIPF) Beginning March 3, 2002, the City began contributing, on behalf of each association member, one percent (1%) of base salary into the LIUNA supplemental pension fund, the Laborers’ National (Industrial) Pension Fund (LNIPF); in exchange, the base salaries for all members of the CEA were decreased by 1%.

Beginning in 2010 the LIUNA Supplemental Pension Fund was certified in the critical zone (“red zone”) by the IRS. As part of the rehabilitation plan required by the Pension Protection Act of 2006 (PPA), the City was mandated to pay an additional 0.05% surcharge in 2010, which increased to 0.1% between 2011 and 2013. In 2013 Laborers’ National (Industrial) Pension Fund (LNIPF) imposed a default schedule upon the City in order for LNIPF to restore the plan’s financial health. The default schedule is as follows:
2014 1.38%
2015 1.49%
2016 1.60%
2017 1.71%
2018 1.82%
2019 1.93%
2020 2.04%
2021 2.15%
2022 2.26%
ARTICLE 19 FLEXIBLE SPENDING ACCOUNTS
The City has established under Internal Revenue Code section 125, a flexible spending account for day care and uncovered medical (including dental and optical) costs. The plan allows employees to fund the costs on a pre-tax basis and reduce income related taxes.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 22 ARTICLE 20 WORKING HOURS, EMPLOYEE ATTENDANCE & WORK PERIODS Section 1 Hours of Work
9/80 Alternative Work Schedule
The work schedule for regular full-time unit employees shall consist of 80 hours in a 14 day preestablished alternative work schedule. The City has adopted a 9/80 alternative work schedule as follows:
- For purposes of calculating overtime under the FLSA, generally for those employees working in City Hall, each seven day work period shall be identified in the signed Job Description. - Notwithstanding special pay provisions of this Agreement, employees will not be eligible for overtime premium until an employee actually works more than 40 hours during the pre-established seven day work period.
- Employees will work 80 hours during each two-week period, as follows: employees will work nine hours each day (generally Monday through Thursday) observing the one hour unpaid lunch break and two paid breaks established in this Agreement and eight hours on an alternative day, generally, the Friday that City Hall is open (observing the breaks established in the MOU). City offices will be closed on the alternate Fridays, with employees not being required to report for duty. 4/10 Work Schedule
The 4/10 work schedule shall be an option for the City to select for employees in the Public Works Department. The work day under the 4/10 work schedule begins at 6:30 AM and ends at 5:00 PM. Paid holidays that occur when employees are working the 4/10 work schedule will amount to 10 hours.

The 9/80 work schedule will also remain an option for the City to select for employees in the Public Works Department. The City reserves the right to utilize either the 4/10 work schedule or the 9/80 work schedule at its discretion; and may decide at any time to revert to the 9/80 schedule at its discretion. The City will endeavor to provide advanced notice of its decision to revert to the 9/80 schedule when practicable. Such decision is final and is not subject to any grievance procedure or appeal.

Section 2 Work Days
A full workday shall include:
- Two paid 15 minute rest periods
- One unpaid lunch period of not less than 30 minutes or more than one hour.

Section 3 Pay Period
A pay period shall include 14 calendar days beginning at 12:01 a.m. Sunday and ending on Saturday at 12:00 midnight.

Section 4 Work Hours Per Year
Total hours worked shall be based on 2080 hours per year.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 23 Section 5 Minimum Hours
Employees shall be required to work a minimum of eight hours per day assigned. Employees for whom necessity requires a different schedule shall work according to regulations that do not exceed state and federal regulations.

Employees shall be required to be in attendance at their work locations in accordance with the schedule of hours stipulated by the department head. Failure to observe work schedules shall be cause for disciplinary action. All departments shall be responsible for daily attendance records, which shall be properly recorded and reported at the end of each pay period. Personnel reporting after the designated time or leaving prior to the designated end of shift shall be considered tardy and absent without leave.

ARTICLE 21 SENIORITY
Seniority shall be based on the length of time of uninterrupted service of an employee in the classified service of the City.

ARTICLE 22 LAYOFF
Section 1 Definitions
- Retention Lists: Classified employees, probationary permanent, listed in order of seniority and by class series and classification; the most senior employee to be listed first. - Seniority: The length of time of uninterrupted service of an employee in the classified service of the City.
- Bumping: The process by which an employee with greater seniority causes an employee with less seniority to be displaced from his present position.
- Assigned List: That list which shows the effective date of reduction of working hours, employee's name and classification. Order of list shows employee whose hours were reduced first and then those subsequent reductions.

Section 2 Length of Service
Classified employees shall be subject to layoff for lack of work or lack of funds. Whenever a classified employee is laid off, the order of layoff within the class shall be determined by the length of service. The employee who has been employed the shortest time in the class, plus higher class, shall be laid off first.

Re-employment shall be in the reverse order of layoff. Persons laid off because of lack of work or lack of funds are eligible for re-employment for a period of 12 months and shall be reemployed in preference to new applicants.

Employees who take voluntary demotions or voluntary reductions in assigned time in lieu of layoff or to remain in their present positions rather than be reclassified or reassigned, shall be granted the same reemployment rights as those laid off.

Section 3 Retention Lists
The Personnel Officer shall establish and maintain retention lists for all classes and class series. These lists are to be revised from time to time to insure the accuracy and availability of the persons on such lists.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 24 Section 4 Procedure for Layoff
Employees scheduled to be laid off shall be notified not less than 15 days prior to the date of layoff. The notice shall contain the reason for layoff and the effective date. Upon receipt of notice of layoff, the employee must notify the Personnel Officer within three working days whether he/she is electing his/her rights to "bump" the last person to be hired. The notice must be in writing. - The "bumping" employee must have seniority over the last person to be hired in his class. If he/she does not have enough seniority, he/she may "bump" the last person hired in succeeding lower classes in the same class series until he/she reaches the last class and then in any class in which he/she has established permanency and over which he/she has seniority.

Transferring seniority from one class series to another or from one unrelated class to another is not allowed.
- The employee being "bumped" has the same seniority "bumping" rights and may exercise them in accordance with these rules as though he/she was being laid off.

Any employee going to a lower class pursuant to this rule shall receive the maximum of the salary range of the lower class provided that such salary is not greater than the salary received in the higher position.

In all cases where an employee elects to exercise his seniority rights and move to a lower class in lieu of layoff, his name shall be placed on a layoff list for the position from which he/she moved.

In computation of seniority, all services within a class plus higher class within the same class series shall count as seniority within the class. Continuous or uninterrupted service as a probationary or permanent employee within a class rather than actual days worked shall determine seniority.

No permanent or probationary employee shall be laid off from any probation while employees serving under emergency, provisional, or limited-term employment are retained in positions of the same class. A limited-term employee may be laid off (separated/terminated) at the end of his assignment without regard to the procedures set forth in these rules.

Section 5 Reduction in Assigned Working Hours
The Personnel Officer may reduce the number of assigned working hours and consequent hourly compensation for any classified position. Such reduction may be of a temporary or permanent nature.

When the assigned hours for a position are to be permanently reduced, the affected employee shall be given not less than 15 calendar days’ notice. The employee's name will then be placed on an "assignment list" which shall be kept by name, classification, and effective date of reduction.

ARTICLE 23 TUITION REIMBURSEMENT PROGRAM
Members of the Classified Employees Association shall be eligible for tuition reimbursement and educational cost program after completing the initial probationary period in the full-time position.

ARTICLE 24 DISCIPLINARY PROCEEDINGS
Section 1 Disciplinary Action
Disciplinary action may be imposed upon any classified employee for any of the causes set forth in this Rule. For the purpose of this section, "disciplinary action" ("action") shall mean suspension without pay

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 25 for a period not to exceed 30 calendar days, reduction in class or position, or any combination thereof; or dismissal from the service.

Section 2 Causes for Disciplinary Action
Any of the following shall be cause for the imposition of disciplinary action:
- Incompleteness, incompetence or inefficiency in the performance of the employee's duties; - Insubordinate conduct directed at a supervisor or department head; - Violation of any official regulation or order;
- Final conviction including a plea of guilty or nolo contendere of any criminal offense involving moral turpitude;
- Negligent or willful conduct by any employee either during or outside of duty hours, which results in or causes damage to public property, waste of public supplies or brings discredit to City; - Fraud in securing employment or making a false statement on an application for employment; or dishonesty;
- Being under the influence of alcohol or dangerous illegal drugs or narcotics while on duty or in violation of City Drug and Alcohol Policy;
- Excessive absenteeism; inexcusable absence without leave; and abuse of sick leave; - Discourteous treatment of the public;
- Any act or conduct either during or outside of duty hours which is of such a nature that it causes or may tend to cause discredit to the City, the employee's department or division; - Any violation of the City's gift policy;
- Any other good and sufficient cause.

Section 3 Imposition of Disciplinary Action
All forms of disciplinary action shall be commenced by means of a written "notice of intended disciplinary action" prepared by the department head and then served upon the affected employee. The affected employee shall have a right to respond to the notice pursuant to section 5 of this Article. However, any intended discipline or other City action consisting of written reprimands or other forms of disciplinary action, such as transfer or reassignment (when the same is done for disciplinary or punitive purposes) whereby the potential impact (when the same is done for disciplinary or punitive purposes) and whereby the potential economic impact (without regard to real or possible losses of overtime compensation) upon the affected employee is in an amount less than the employee's scheduled daily compensation, shall not give rise to any form of post-department head administrative or judicial appeal and the determination of the department head shall be final and conclusive.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 26 Section 4 Notice
In cases of discipline, pre-disciplinary written notice of the intended action shall be given to the employee setting forth the following information:
- Grounds for proposed discipline.
- Act or omission giving rise to intended discipline.
- All documents or records upon which the proposed discipline is based. - The date by which the employee can respond and the person to whom the employee can respond.

Section 5 Employee Response
The employee shall have five working days from the day the "notice of intended disciplinary action" is served on him/her to advise of his/her intent to participate in a pre-disciplinary meeting pursuant to this bargaining agreement and Skelly v. State Personnel Board. This pre-disciplinary meeting shall be presided over by the City Manager or his/her designee. Any such requests to convene a pre-disciplinary meeting shall be in writing and shall be postmarked within five working days from the date the notice is served upon the employee. If the employee either fails to request a pre-disciplinary meeting or fails to do so in a timely manner, then at the expiration of the five working day period for serving such request, the City Manager or his/her designee may render a determination based solely upon the pre-disciplinary supportive documents that were served upon the employee in accord with this Article 22, section 4.

Section 6 Final Action
After considering the employee's response, if any, to the "notice of intended disciplinary action," or after expiration of the time to respond and no response having been made, a written notice of final determination shall be served upon the employee within a reasonable time after the pre-disciplinary meeting is conducted. If the notice imposes discipline, then the effective date of that discipline shall be set forth within the notice. Absent an effective date set forth within the notice, the effective date of disciplinary action shall be deemed the date upon which the notice was signed by the City Manager or his/her designee. Subject to the limitations described in Article 8, the employee may appeal the City Manager/designee's determination pursuant to section 7.

Section 7 Appeals
A permanent employee upon whom disciplinary action has been taken may appeal to the City Council within 14 calendar days after receiving a copy of the City Manager's decision and by filing written answer to such decision. Appeal can be made on the following grounds:
- That the procedures set forth in the Rules and Regulations have not been followed. - That the action taken was not in accord with the facts.

The appeal must be made in writing and submitted to the City Manager. If the appeal is not received by the City Manager within 14 calendar days after the employee has received a copy of the City Manager’s decision, the employee waives his/her right to appeal the decision and the decision will become final.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 27 Upon receipt of a timely appeal, the City Manager shall advise the City Council thereof and shall forward to each member of the Council a copy of the statement of charges, the City Manager's notice of decision and the employee's answer to such decision. The City Manager, upon instruction from the City Council, shall give the appealing party written notice of the time and place of the hearing to be held before the City Council upon such appeal. The hearing shall be limited to items which are disputed by the employee and contained within employee's written answer to such decision. All items not disputed by the employee shall be deemed admitted by the employee for the purposes of the hearing.

The City Council may, in its sole discretion, refer the hearing to a mutually agreed upon advisory hearing officer. It shall be the hearing officer's responsibility to render an advisory opinion and award and recommendation for penalty to the City Council. The selection of the advisory hearing officer shall be either by a mutual agreement between the parties as to the person selected, or by a timely request to the State Mediation and Conciliation Service for a list of names of seven arbitrators with experience in disciplinary matters in the public sector. The selection of the arbitrator shall be performed by an alternate striking of the names until one name remains. The hearing before the advisory hearing officer shall be conducted in the manner most conducive to the determination of the truth, and the hearing officer shall not necessarily be bound by the technical rules of evidence. The hearing officer shall have authority to issue subpoenas at the request of either party.

At the conclusion of the advisory hearing, and after receipt of the advisory report, recommendations and penalty, the record of the advisory proceedings shall be forwarded to the City Council for their determination, which shall be final and binding.

The parties shall be permitted to argue the hearing officer's advisory report and recommendation before the City Council. All arguments before the City Council will be confined to the Council sustaining the advisory arbitration award, rejecting the advisory arbitration award or modifying it with respect to findings and/or penalty.

In no event shall a trial de novo be convened before the City Council when it has elected to defer the matter to advisory arbitration.

After fully considering the parties’ arguments with respect to the advisory arbitration and award, the City Council shall render a decision, which shall be final and binding.

Section 8 Procedure for Hearings before City Council
If the City Council does not refer the hearing to an advisory hearing officer, the following procedure shall apply for hearings before the City Council. Hearings shall be conducted in the manner most conducive to determination of the truth, and the City Council shall not be bound by technical rules of evidence.

Decisions made by the City Council shall not be invalidated by any informality of the proceedings.

Each side will be permitted an opening statement (City Manager or designee first) and closing arguments (City Manager or designee first). The City Manager or designee shall first present the witnesses and evidence to sustain the charges and the employee will then present his witnesses and evidence in defense.

Each side will be allowed to examine and cross-examine witnesses.

Whether the hearing is held in public or closed session, the City Council, after it concludes the hearing, may deliberate its decision in closed session. No persons other than persons of the City Council and the City Attorney shall be permitted to be present during the deliberations.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 28 The City Council may sustain or reject any or all of the charges filed against the employee and may sustain, reject, or modify the disciplinary action involved against the employee. The decision of the City Council shall be final and conclusive in all cases.

ARTICLE 25 EMPLOYMENT GRIEVANCE PROCEDURE
Section 1 Purpose
The purpose of this rule is to provide each employee a grievance procedure within the scope and framework of the City's personnel system. For the purpose of this Rule, the word "grievance" shall mean and include any complaint affecting wages, hours and terms and conditions of employment arising out of alleged violations of established rules and regulations, policies, administrative procedures, working conditions, job relations, extension of probation or this Agreement, except that the same shall not include any disciplinary action or proceedings.

Section 2 Procedure - Individual Petitions
An employee or group of employees having a complaint or grievance should present their grievance in a written statement to his/her immediate supervisor for resolution. If the point of dispute cannot be resolved with the immediate supervisor, the grievant may present his/her written complaint to the department head. The employee or group of employees shall file the grievance within 30 calendar days of its occurrence or within 30 calendar days of the employee or employees knowing the alleged violation, or within 30 calendar days of the employee or employees being reasonably required to know of the occurrence.

Unresolved complaints that have been brought to the attention of a department head shall then be submitted in writing to the City Manager not more than 14 days from the date of written presentation to the department head. The department head, will, by endorsement, cite findings and recommendations in response to the grievance.

The City Manager shall cause an investigation to be made of the complaint and shall reply in writing to the department head of action deemed appropriate. In the event of failure to resolve the cause of the dispute, the grievant may request a conference with the City Manager and department head for the joint discussion and resolution of the matter.

Section 3 Procedure - Association Petitions
The Association may file a grievance on behalf of the Association as a whole for any violation of this Agreement. The grievance shall be filed within 30 calendar days of the occurrence or within 30 calendar days of the Association knowing of the occurrence or within 30 calendar days of the Association being reasonably required to know of the occurrence. The grievance shall be presented in writing to the City Manager reciting the background, written or verbal orders, specific examples, circumstances, specific complaints and requested remedial action.

The City Manager shall cause an investigation to be made of the complaint and shall reply in writing to the Association stating the action taken. In the event of failure to resolve the cause of the dispute, the Association by a majority vote of its Board of Directors and by notifying any/all employees affected by this grievance, may then request a meeting with the City Manager. The City Manager shall hold a meeting for the discussion and attempted resolution of the matter. The meeting shall be held by the City Manager within 30 calendar days of his/her reply to the grievance.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 29 Section 4 Procedure for Appeal
Any grievant presenting a grievance pursuant to the procedures hereinabove set forth, who is dissatisfied with the determination of the City Manager, may appeal such decision by filing a written letter of appeal with the City Council within 30 calendar days after the giving of notice by the City Manager. The City Council, upon receiving a timely appeal, shall instruct the City Manager to give the appealing party (or parties) written notice of the time and place of the hearing.

At the time of the hearing before the City Council, all interested parties shall be given reasonable opportunity to be heard upon the merits of the grievance and the positions taken with reference thereto.

Upon conclusion of such hearing, the City Council shall review the testimony given and shall approve, disapprove or approve with modification, the decision rendered by the City Manager. The City Council's decision shall be final and conclusive in all cases.

The City Council may, at its sole discretion, refer the hearing to a designated advisory hearing officer to render an opinion and award, advisory to the City Council, in accordance with the procedures provided in section 7 of Article 23.

ARTICLE 26 CONTINUATION OF WAGES, HOURS AND WORKING

CONDITIONS
The provisions of the Agreement shall not be revised to affect the employees covered by this Agreement adversely during the term of this Agreement.

Any policies, procedures, benefits or past practices that affect wages, hours and/or other terms and conditions of employment shall not be revised to affect the employees covered by this Agreement adversely during the term of this Agreement unless by mutual agreement of the parties. Employees shall read the Personnel Rules and Regulations of the City of Sierra Madre and sign acceptance thereof upon completion of employee orientation upon hiring.

ARTICLE 27 EMPLOYEE RIGHTS
Each individual employee shall have the following rights, which he/she may exercise in accordance with the City's Employer-Employee Relations Resolution and all applicable laws, ordinances, and the rules and regulations of this Agreement:
- The right to form, join and participate in the activities of employee organizations of his/her own choosing for the purpose of representation on matters of his/her employee relations with the City, or to refuse to join or participate in the activities of any employee organization. - The right to pay dues to such employees' organization through regular payroll deduction. - The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal on the part of their Department Head for their membership or non-membership in any employee organization or with respect to any lawful activity associated therewith which is within the scope or representation.
- The right to represent himself/herself individually in his/her employee relationship with the City.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 30 - The City shall maintain only one official employee personnel file and that file shall be in the custody of the Personnel Officer. That personnel file shall be the only official source or repository of documents pertaining to the employee's performance, past and present, leave requests, disciplinary records and commendations.
- The employee's personnel file shall contain all information relating to the employee from date and time of appointment. In no event shall any material be placed in the employee's official personnel file without his/her knowledge.

Whenever an employee desires to represent himself/herself in consulting with City management during his/her regular hours of work, he/she shall first request from his/her department head permission to take time to do so. Said request shall be granted unless the needs of the department are such that the employee's services cannot be spared during the particular time requested. In such case, the employee shall be permitted to reschedule his/her appointment with City management.

ARTICLE 28 ASSOCIATION RIGHTS
Section 1 Recognition
The City recognizes the right of the Association to govern its internal affairs.

Section 2 Association Dues
Upon the receipt of a written request and authorization from an employee for deduction of Association "dues," the City shall withhold such dues and deductions from the salary of the employee, and remit the withholdings to the Association in a timely manner. The City shall continue to withhold such deductions unless the employee files a written statement with the City withdrawing authorization for the continued withholding of the deductions.

Section 3 Association Bulletin Board
The Association shall have use of specific bulletin board space, clearly marked and identified as such, and said space shall be the only space which is authorized for the posting of Association business. Material placed on the bulletin board shall be at the discretion of the Association with the understanding that materials so posted shall be for legitimate communications with members. Said posting shall not be offensive to good taste, defamatory, or involve support or opposition to candidates for political office within the City government. The Personnel Officer shall have the right to remove any such materials upon prior notice to the Association representative. The Association shall be responsible for maintaining the space provided in an orderly condition and shall promptly remove outdated materials.

Section 4 Representation
The employee shall be allowed to designate a representative to assist the employee in:
- Preparing and presenting grievances.
- Preparing and processing material for disciplinary hearings. - Preparing and presenting material for any legitimate employer-employee relations matter for which representation is granted pursuant to existing law.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 31 Section 5 Release Time
Subject to the needs of the department and prior approval of the Personnel Officer, designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to present grievances and material for disciplinary hearing on behalf of the affected employee, if said employee requests assistance, and to meet with City management representatives relative to matters of employeremployee relations.

ARTICLE 29 MANAGEMENT RIGHTS
The rights of the City include authority under state law, but are not limited to the exclusive right to determine the mission of its constituent departments, commissions and board; set standards and levels of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack or work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; determine style and/or types of City-issued wearing apparel equipment or technology used, establish and enforce dress and grooming standards; assign work to and schedule employees in accordance with requirements as determined by the City and establish and change work schedules and assignments upon reasonable notice; and determine organization structure, size and composition of the work force; take all necessary actions to carry out its mission in emergencies; and exercise complete discretion over its organization and the technology of performing its work.

In exercising the above rights, the City shall comply with all applicable provisions of this Agreement.

In exercising the above rights, the City shall not in any way, directly or indirectly, be subject to the grievance procedure herein, provided the City has complied with all applicable provisions of this Agreement and all applicable State laws.

ARTICLE 30 AGREEMENT, MODIFICATION, WAIVER
No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing and affixed hereto by all parties and approved by City Council.

The waiver of any breach, term or condition of this memorandum by either party shall not constitute a precedent in the future enforcement of all of its terms and provisions.

ARTICLE 31 OBLIGATION TO SUPPORT
The parties agree that, subsequent to the execution of this Agreement and during the period of time said Agreement is pending before the City Council for action, neither the employee organization nor management, nor their authorized representatives, will appear before the City Council or meet individually or privately with said members of the City Council, to advocate any amendment, deletion or addition to the terms and conditions of this Agreement. It is further understood that this article shall not preclude the parties from appearing before the City Council to advocate or urge the adoption and approval of this Agreement in its entirety.

Furthermore, the parties may, by mutual agreement, appear before the City Council to request a modification to this Agreement.

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 32 ARTICLE 32 PROVISIONS OF LAW
This Agreement is subject to all future and current applicable federal or state laws and regulations.

If any part or provision of this Agreement is in conflict with such applicable provisions of federal or state laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the Agreement shall not be affected, and the Employees' Association and/or the City shall have the right to meet and confer within 30 days concerning said section. This Agreement shall supersede all City rules or ordinances, which are in conflict with the Agreement.

If any City rule or ordinance is not in conflict with this Agreement, it shall supersede this Agreement.

Current Rules and Regulations of the City that do not deal with matters covered by this Agreement shall remain in full force and effect.

ARTICLE 33 RENEGOTIATION
The parties agree that negotiations for the successor Memorandum of Understanding for the fiscal year beginning July 1, 2027 shall begin by the mutual exchange of written proposals by March 2027 and shall continue until agreement is reached, or impasse is declared by either party.

This Agreement shall remain in full force and effect until either a new Memorandum of Understanding is negotiated by the City and the Association and said Memorandum of Understanding has been approved and ratified by both the Association and the City Council, or a "last, best, final offer" has been imposed by the City Council pursuant to the Personnel Rules and Regulations and Government Code Section 3505.4.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day of October 28, 2025.

Sierra Madre Employees Association City of Sierra Madre Management Representatives: Representatives:

Susan Clifton Michael Bruckner
Association President City Manager

Cy Womack
Association Negotiating Team Member

13069131.2 SI020-088 Sierra Madre Classified Employees Association Memorandum of Understanding - 33

Tim Hunsicker
Association Negotiating Team Member
This page intentionally left blank

Sierra Madre Professional Firefighters
Association and the City of Sierra Madre
Amended by Resolution 25-66
October 28, 2025
Term of Contract:

July 1, 2020 to June 30, 2026
1 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66 Article 1 PREAMBLE ........................................................................................................................ 3 Article 2 PERSONNEL RULES AND REGULATIONS .......................................................................... 3 Article 3 IMPLEMENTATION ........................................................................................................... 3 Article 4 RECOGNITION ................................................................................................................... 3 Article 5 MANAGEMENT RIGHTS .................................................................................................... 3 Article 6 EMPLOYEE RIGHTS............................................................................................................ 4 Article 7 ASSOCIATION RIGHTS ....................................................................................................... 4 Section 1 Recognition ......................................................................................................... .............. 4 Section 2 Dues .................................................................................................................................. 4 Section 3 Bulletin Board....................................................................................................... ............. 5 Section 4 Association Member’s Representative ............................................................................. 5 Section 5 Representing the Association ........................................................................................... 5 Section 6 Chief Selection Process ..................................................................................................... 5 Article 8 PUBLIC EMPLOYEES RETIREMENT SYSTEM...................................................................... 5 Section 1 CalPERS Membership ........................................................................................................ 5 Section 2 City Payment of Employer Contribution for CalPERS Retirement .................................... 6 Section 3 Employee Contribution for CalPERS Retirement .............................................................. 6 Article 9 INSURANCE ....................................................................................................................... 6 Section 1 Employee Insurance .......................................................................................................... 6 Section 2 Medical Stipend ..................................................................................................... ........... 7 Section 3 Retiree Medical Insurance ................................................................................................ 7 Article 10 UNIFORMS ........................................................................................................................... 8 Article 11 PROBATIONARY PERIOD .................................................................................................. 8 Article 12 SENIORITY ......................................................................................................................... 8 Article 13 SHIFTS .............................................................................................................................. . 8 Section 1 Shift Exchanges ................................................................................................................. 9 Section 2 Work Day ........................................................................................................................... 9 Section 3 Work Period ...................................................................................................................... 9 Section 4 Pay Period ......................................................................................................................... 9 Article 14 SALARY ADJUSTMENT ...................................................................................................... 9 Section 1 Salary Adjustments ......................................................................................................... 10 Article 15 OVERTIME ....................................................................................................................... 10 Article 16 ADDITIONAL COMPENSATION ....................................................................................... 11 2 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66 Section 1 Good Driving Incentive .................................................................................................... 11 Section 2 Qualified Engineer Bonus ................................................................................................ 11 Section 3 Longevity Pay .................................................................................................................. 11 Section 4 Additional Assignments and Pay ..................................................................................... 12 Section 5 Paramedic License Incentive ........................................................................................... 12 Section 6 Foreign Language Bonus ................................................................................................. 12 Section 7 Movie Detail ........................................................................................................ ............ 13 Article 17 SICK LEAVE ...................................................................................................................... 13 Section 1 Sick Leave Use ................................................................................................................. 13 Section 2 Sick Leave Accrual ........................................................................................................... 14 Article 18 VACATION LEAVE ............................................................................................................ 14 Section 1 Vacation Leave Accrual ................................................................................................... 15 Section 2 Accumulated Vacation .................................................................................................... 15 Article 19 HOLIDAY LEAVE .............................................................................................................. 15 Article 20 JURY LEAVE AND COURT APPEARANCES ....................................................................... 15 Article 21 LIGHT DUTY ..................................................................................................................... 16 Article 22 OUTSIDE EMPLOYMENT ................................................................................................. 16 Article 23 GRIEVANCE PROCEDURE ................................................................................................ 16 Article 24 DISCIPLINARY ACTION .................................................................................................... 16 Article 25 Supplemental Procedures for Appeal by Firefighters of Punitive Action Under the Firefighters Procedural Bill of Rights Act ........................................................................................... 17 Section 1 Definitions ......................................................................................................... .............. 17 Section 2 Appeal of a Punitive Action Not Involving Discharge, Demotion, or Suspension of a Firefighter 17
Section 3 Appeal of a Disciplinary Decision Involving Discharge, Demotion, or Suspension of a Firefighter 19
Article 26 AGREEMENT, MODIFICATION, WAIVER ........................................................................ 20 Article 27 PROVISIONS OF LAW ...................................................................................................... 20 Article 28 EFFECT ............................................................................................................................. 20 3 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66 Article 1 PREAMBLE
It is the intent and purpose of this agreement to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding matters related to wages, hours and/or other items and conditions of employment between the employees of the Fire Department represented by the Sierra Madre Professional Firefighters Association (“Association”) and the City of Sierra Madre (“City”), in accordance with California Government Codes section 3500, et seq. and chapter 2.48 of the Sierra Madre Municipal Code.

This agreement is to set out those items on which the City and Association have reached Agreement, so that these items will not have to be renegotiated during the term of the contract.

The term of this Agreement is from December 1, 2022 to June 30, 2026, having been amended October 28, 2025 and ratified by the Association on October 24, 2025 and adopted by the City Council on October 28, 2025.

Article 2 PERSONNEL RULES AND REGULATIONS
This documentation is intended to be used in conjunction with the City of Sierra Madre Personnel Rules and Regulations. The Personnel Rules and Regulations address items including, but not limited to, employee evaluations, personnel files and computer loan program. Current Rules and Regulations of the City that do not deal with matters covered by this agreement shall remain in full force and effect.

Article 3 IMPLEMENTATION
This Agreement constitutes a mutual recommendation to be jointly submitted to the City Council of the City of Sierra Madre. It is agreed that this Agreement shall not be binding upon the parties either in whole or in part unless and until the City Council acts, by a majority vote, formally to approve and adopt said Agreement.

Article 4 RECOGNITION
The City recognizes the Association as the Recognized Employees’ Organization for all classified employees of the Sierra Madre Fire Department, except the Fire Chief, in accordance with section

2.48.040 of the Sierra Madre Municipal Code.

Article 5 MANAGEMENT RIGHTS
The rights of the City include and are not limited to all rights provided under State law, and the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards and levels of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; determine style and/or types of City-issued wearing apparel, equipment or technology used; establish and enforce dress and grooming standards; assign work to and schedule employees in accordance 4 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66 with requirements as determined by the City; establish and change work schedules and assignments as necessary; and exercise complete discretion over its organization and the technology of performing its work.

Article 6 EMPLOYEE RIGHTS
Each employee shall have the following rights which he/she may exercise in accordance with all applicable laws, ordinances, rules and regulations, and provisions of this Memorandum of Understanding:
- The right to form, join, and participate in the activities of the employee organizations of his/her own choosing for the purpose of representation on matters of his/her employee relations with the City, and the right to refuse to join or participate in the activities of any employee organization.
- The right to pay dues to such employee organizations through the regular payroll deduction.
- The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal from membership or non-membership in any employee organization or with respect to any lawful activity associated therewith which is within the scope of representation.
- The right to present himself/herself individually in his/her employee relations with the City.
- The right to review his/her personnel files by making a request in writing to the Personnel Officer or the Fire Chief.

Article 7 ASSOCIATION RIGHTS

ͳ

The city recognizes the right of the Association to govern its internal affairs.
ʹ
Upon the receipt of a certified list of employees who have executed voluntary written authorization for deduction of Association “dues,” the City shall withhold such dues and deductions from the salary of the employee on a bi-weekly payroll basis and remit the withholdings to the Association in a timely manner. The City shall continue to withhold such deductions unless it is notified by the Association of a change of dues deduction status of the employee. The Association shall immediately notify the City of any change of an employee’s dues deduction status, and at least 30 days in advance for the change to be effective in the next payroll.

The Association will assume responsibility for notifying current and future members in writing of membership maintenance requirements and terms of cancellation. The Association agrees to indemnify and hold the City harmless for any loss or damages, including attorney’s fees and costs, for claims arising from the operation of this section, including claims for deductions made in reliance on the Association’s representations and certifications regarding employee dues deduction authorizations.
5 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66
͵
The Association shall have sole and exclusive use of specific bulletin board space. Such space shall be clearly marked and identified as such, approximately three feet by four feet in dimension and located in the Fire Department. The Fire Chief shall designate the authorized bulletin board space and said space shall be the only space which is authorized for the posting of Association business.

Materials placed on the bulletin board shall be at the discretion of Association with the understanding that materials so posted shall be for legitimate communications with its members.

Said posting shall not be offensive to good taste, defamatory, involve support or opposition to candidates for political office within City government, or violate City policies regarding harassment, discrimination or retaliation. The Fire Chief, or his/her designee, shall have the right to remove any such materials upon prior notice to the Association representative. The Association shall be responsible for maintaining the bulletin board space in an orderly condition and shall promptly remove outdated materials. No other space in the Fire Station is authorized for use by the Association.

Ͷ
ǯ
An employee shall be allowed to designate a representative to assist said employee in: preparing and presenting grievances, preparing and processing material for disciplinary hearing, and preparing and presenting material for any legitimate employer-employee relations which representation is granted pursuant to existing law. This representative may be a member of the Association as long as the representative is not potentially involved in the matter.
ͷ

Subject to the needs of the Department and the approval of the Fire Chief, a designated employee representative of the Association shall be allowed: 1) reasonable release time from regularly scheduled duties to present grievances and material for disciplinary hearings on behalf of an affected employee if said employee requests said assistance, and 2) to meet with City management representative relative to matters of employer-employee relations.
͸

During any selection process for hiring a Fire Chief, the Association board will have the opportunity to meet with the City Manager prior to the City Manager’s selection of the prospective candidate(s) to give input regarding what the Association would like to see in a new Chief.

Article 8 PUBLIC EMPLOYEES RETIREMENT SYSTEM

ͳ
Consistent with the Government Code, employees who are local safety or miscellaneous members of the California Public Employees Retirement System are entitled to the benefits as indicated in the most recent amendment to the contract between the Board of Administration of CalPERS and the City Council.
6 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66
ʹ The City shall pay the employer share of the CalPERS retirement contribution as actuarially determined by CalPERS for each fiscal year covered by the Agreement. For classic members, as defined in Section 3 of this Article, the retirement benefit is 3% at 55. For new members, as defined in Section 3 of this Article, the retirement benefit is 2.7% @ 57.
͵
Classic member employees shall pay the full statutorily required amount of the employee contribution to CalPERS for classic members, which is currently 9% for Safety employees and 8% for miscellaneous employees. Classic members are those members who do not qualify as new members under Government Code section 7522.04.

Article 9 INSURANCE

ͳ

The City shall maintain the following overall level of insurance benefits for each employee covered by this memorandum of understanding. The specific coverage is subject to the provisions of the individual insurance company's master contract(s) as issued to the City of Sierra Madre for each type of insurance.

Insurance Benefits offered by the City include:
x Health Insurance
x Dental Insurance
x Vision Insurance
x Life and Accidental Death Insurance (For the employee only) - The City has participated in the CalPERS medical program since 1995 to provide health coverage for association members. Pursuant to Government Code Section 22892 of the Public Employees’ Medical and Hospital Care Act (PEMHCA), for the calendar year beginning January 2023, the City will contribute $151.00 for each association member towards the PERS Health Care Plan. This amount is adjusted annually.
- The City will contribute an amount over its contribution under PEMHCA (which is $151.00 per month for the calendar year beginning January 2023). The total contribution per month, including the City’s contribution under PEMHCA, shall be through an IRS Section 125 Flexible Benefit Plan (FBP) administered by either the City or its designee, and be up to a maximum of:

Employee Only $850.00
Employee +1 $1,050
7 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66 Family (3 plus) $1,200
Effective December 1, 2023 for the monthly premiums starting on January 1, 2024, the total contribution per month shall be up to a maximum of:

Employee Only $892.50
Employee +1 $1,102.50
Family (3 plus) $1,260
The specific benefits are subject to change by the insurance carrier. The exact provisions governing each benefit program are contained in the Master Contract issued by the insurance carrier to the City of Sierra Madre. Refer to the certificate of coverage for a completion description of benefits and coverage. The City reserves the right to select any insurance carrier or other method of providing coverage to fund the benefits of the employees under the terms of this agreement, provided that the benefits to employees shall be not less than those in existence as if implementation of this agreement. All insurance benefits offered by the City are subject to COBRA upon an employee’s resignation, retirement, or other COBRA defined event.
ʹ

An employee who elects not to purchase medical, dental, and vision insurance through the City’s plan and provides proof of coverage by another group insurance plan annually, will receive a medical stipend of $325 per month. The medical stipend will not be provided for and shall not be used for the purpose of purchasing either an individual health plan or insurance on the exchange.
͵

The City has participated in the CalPERS medical program since 1999 for members covered under these Terms and Conditions of Employment. As such, the City is obligated to contribute toward the cost of retiree medical coverage for the retiree’s and spouse’s lifetime so long as they remain eligible for and covered by this medical program. The City provides additional benefits based on these Terms and Conditions beyond those required under PEMHCA.

All Association members who retire from the City (including disability retirement) and continue coverage in the CalPERS medical program are eligible for the benefit provided in the PEMHCA resolutions. Those resolutions provide for the City to contribute toward retiree premiums at an unequal amount to the active employees, for 2023 this amount is $151.00 per month.

Additionally, an employee will be extended "employee only" health insurance coverage for the lowest cost plan available from the City at the time of retirement until age 65. An employee must be a minimum of age 60 on the effective date of retirement and have worked 30 years of fulltime service with the City to be eligible for this coverage. 8 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66 Article 10 UNIFORMS
Upon hiring, the City shall provide 2 short sleeve uniform shirts, 1 long sleeve uniform shirt, 2 pair of uniform pants, 1 belt and 1 belt buckle. The City will also provide 1 Class A uniform as per Department Policy.

The City will reasonably replace uniform items on an “as needed basis” as determined by the Chief or his designee.

Article 11 PROBATIONARY PERIOD
The probationary test period for all personnel hired in an entry level position shall be 12 months.

Additionally, the probationary test period for promotional positions shall be 12 months. Further, the probationary test period for all lateral entry sworn personnel shall be 12 months.

In all instances, the probationary test period shall commence upon the employee being classified in the position to which the test period applies. Additionally, the probationary test period shall automatically be extended by a number of day’s equivalent to the number of workdays that the employee did not perform services during the test period. The extension applies regardless of the cause for the employee being unable to perform services. The probationary period may be extended by up to six months for any reason at the discretion of the Fire Chief. The exercise of such discretion is not subject to administrative or judicial appeal.

Although the probationary period may be extended, the employee’s anniversary date will remain the same.

Article 12 SENIORITY
Seniority shall be determined based on: 1) rank, and 2) within a rank, the length of uninterrupted full-time service of the City.

Article 13 SHIFTS
Fire Suppression Personnel are normally assigned shifts begin at 0700 hours. Employees will generally work eight (4), twenty-four (24) hour rotating shifts in a 12-day cycle. An employee’s regular work schedule will generally consist 56 hours per week or 2920 hours per year; all hours worked over 91 in the 12-day FLSA period will be compensated according to the FLSA. The employee’s base hourly rate shall be calculated by dividing the employee’s annual salary in the published and applicable salary matrix by 2920. For example, the Fire Captain’s base hourly rate for FY 2020/2021 is calculated as follows: $99,168 (annual salary in the July 2020 salary matrix) ÷ 2920 (hours per year) = $33.96/hour.
9 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66
ͳ

Employees may voluntarily trade shifts among themselves within the policies set by the department. The Chief or his/her designee must approve the shift trade in writing. The Chief or his/her designee establishes the employees’ schedules to meet the needs of the Department and therefore, shift trading is exclusively for the employees’ convenience. A shift trade under this section results in one (1) employee working the shift of another employee or a portion thereof.

The employee working the extra shift will receive no overtime compensation for doing so, nor will the hours be counted toward FLSA overtime.

ʹ
A work day shall include "roll call," two 15-minute rest periods and three 30-minute meal breaks; all on a paid status, but subject to recall. Rest Periods and breaks may be combined based on daily scheduling as determined by the Chief and/or Duty Captain. At no time during daily breaks will the on duty shift leave the station to attend to personal matters.
͵
Employees’ work period shall constitute 12 calendar days per the 7(k) exemption of the Fair Labor Standards Act.

Ͷ
A pay period shall constitute 14 calendar days. All Fair Labor Standards Act (FLSA) overtime will be paid on every other pay period.

Article 14 SALARY ADJUSTMENT
Upon ratification of this agreement, Sierra Madre Professional Firefighters Association members, will receive a 3.0% salary increase retroactive to July 13, 2025.

Upon ratification of this agreement, and effective July 2, 2023, Sierra Madre Professional Firefighters Association sworn members who currently maintain a valid paramedic license through the Los Angeles County Department of Health Services and approved by the Fire Chief, shall receive an additional salary adjustment:
x Firefighter/Paramedic 15%
x Fire Engineer with paramedic license 10%
x Fire Captain with paramedic license 10%.

Effective July 7, 2025, Sierra Madre Professional Firefighters Association members will receive a salary increase that is no less than the COLA as calculated by the BLS for C-CPI-U, looking back to April 2025. However, it is the intention of the City to move fire personnel closer to the market for peer agencies, and both parties should work to negotiate a salary increase that is greater than the minimum identified COLA
Reference Classification Plan and Salary Matrix under Resolution 21-15 10 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66
ͳ
Effective July 4, 2021, and July 2, 2023, the City’s Classification Plan and Salary Matrix for fulltime Fire Department employees, excluding Fire Captains governed under this Memorandum of Understanding shall be modified to reflect Table 1.1 below. Pursuant to the new salary matrix, the former Step 1 will be eliminated, and employees in the Fire Department will move down one step to the step that corresponds with the employee’s current hourly rate. For example, if an employee is in Step 2 as of June 30, 2021, effective July 3, 2022, the employee will be in Step 1.

An employee who receives a meets or exceeds standard evaluation rating in his/her immediately preceding annual performance evaluation may be eligible to receive a step adjustment pursuant to Section 6, Performance Evaluation of the City’s Rules and Regulations. For example, if an employee is in Step 2 as of June 30, 2021, and receives a meet or exceeds standards evaluation rating in his/her 2021 performance evaluation, he/she may be eligible to receive a step adjustment, which, if granted, would correspond to moving up one step from Step 1 to Step 2 in the new salary matrix. If, however, an employee is in step 2 as of June 30, 2021, and receives below a meet standards evaluation rating in his/her 2020 performance evaluation, he/she would be placed in Step 1 in the new salary matrix.

The following Fire Department positions that will be modified as described above are:
x Fire Engineer
x Firefighter/Paramedic
x Single Function Firefighter
x Single Function Paramedic
Table 1.1
Range Step 1 Step 2 Step 3 Step 4 Step 5
Current 15.00 16.00 17.00 18.00 19.00
New 16.00 17.00 18.00 19.00 20.00
Pay rate in Table 1.1 is an example and does not reflect the current Classification Plan & Salary Matrix.

Effective July 3, 2022, association members, excluding Fire Captains, will receive 12.5% salary adjustment.

Effective July 13, 2024, all association members, will receive 5.5% salary adjustment.

Article 15 OVERTIME
The Fire Chief may require employees in the Fire Department to work at any other time other than during regular working hours until such work is accomplished. Employees working a special detail, including but not limited to required training, inspections, investigations, administrative meetings, depositions, court appearances and special event standby, will be paid their hourly rate until such time that an employee works more than 91 hours in a 12-day work period. 11 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66 Overtime shall be paid in accordance with the Federal Fair Labor Standards Act ("Act") and specifically in accordance with the partial overtime exemption of Section 7(k) of the Act. In determining an employee’s eligibility for overtime compensation in a work period, paid leaves of absence and unpaid leaves of absence shall be excluded from the total hours worked. Paid leaves of absence include, but are not limited to, the following:
- Vacation Leave
- Holiday Leave
- Sick Leave
- Administrative Leave
- Compensatory Leave
- Worker's Compensation Leave
- 4850 Time
- Jury Duty
- Bereavement Leave
- Military Leave
Overtime will be paid at a rate of one and one half after an employee has worked 182 hours in a 24-day work period.

Article 16 ADDITIONAL COMPENSATION

ͳ

Employees covered under this MOU who obtain and maintain a valid Class A, B, or C with Endorsement (equivalent to a Class B license), and have held the position of Engineer with the City of Sierra Madre Fire Department, or have passed the current Engineer exam of the City, will receive $350 at the end of each calendar year, so long as the employee has not been involved in any preventable driving accidents or violations.

ʹ
For members covered under this memorandum of understanding that pass the current Engineer exam of the City are eligible for a one-time bonus of $500. This is a one-time pay and is not reoccurring. The bonus will be paid on the payroll following receipt of the required certificate.
͵
Longevity Pay recognizes City service, and shall be exclusive of all other premiums and other pays, and shall be established for all full-time employees represented by this MOU. A one-time “Longevity Pay Bonus” will be paid at the employee’s current base annual rate at the time the employee became eligible. For example, if an employee reached their 10 eligible years of service on August 1, 2020, then a one-time Longevity Pay Bonus for 10 years of service will be paid at the employee’s base annual rate as of August 1, 2020. The Longevity Pay Bonus is a one-time pay that is paid upon reaching the eligible years of service stated below; and is not paid on an annual basis.

The Longevity Pay shall be paid in the pay period following the employee’s qualifying anniversary date of eligibility in employment status that follows July 1, 2020. For example, if an employee 12 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66 reached their 10 eligible years of service prior to July 1, 2020, they are not eligible to receive Longevity Pay until reaching 15 years of service. Should the employee reach 15 eligible years of service on or after July 1, 2020, then the employee receives the Longevity Pay for 15 eligible years of service in the pay period following the employee’s qualifying anniversary date for 15 eligible years of service. Any Association member’s time in part-time status with the City will be included as time employed with the City for the purpose of eligible years of service for Longevity Pay.

Longevity Pay will be issued each year of service as follows:

Eligible Years of Service Longevity Pay
10 2.5%
15 2.5%
20 2.5%
25 2.5%
30 2.5%
35 2.5%
40 2.5%

Ͷ
Sworn fire personnel may be assigned to no more than two positional duties listed below, and will receive a $100 stipend for each of the two assigned duties. Therefore, sworn fire personnel may not receive more than $200 in total in relation to this additional assignment pay. The Fire Chief will make said appointments for existing personnel and the individual shall serve at the pleasure of the Chief.

Types of assignments:

1. Paramedic Coordinator

2. EOC Coordinator
The Fire Chief may from time-to-time, through the City budget process, eliminate assignments or create other additional assigned positional duties.

ͷ

Effective July 2, 2023, the Paramedic License Incentive pay is no longer applicable.
͸
For members covered under this agreement that are proficient to assist in a foreign language or sign language may be eligible for a one-time Foreign Language Bonus of $750. The bonus will be paid on a single date during the fiscal year following the fiscal year when the member becomes eligible; and the bonus is not annual or recurring. In order to earn the stipend, the member must pass a test, agreed upon between the Association and the City Manager, for reading and writing in the foreign language or demonstrate the ability to communicate using sign language Eligibility is limited to the following languages:
13 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66 x Spanish
x Chinese
x American Sign Language (ASL)

͹
Employees covered under this MOU who meet the requirements to serve as a Fire Safety Officer for movie details shall be paid at the rate established by the City of Sierra Madre Fee Schedule as adopted by the City Council. Movie detail time is not counted as “time worked” towards an employee’s FLSA time.

ͺ

There shall be an annual voluntary medical screening program to promote early detection and prevention of health risks. All unit members shall be eligible to participate.

Examinations shall be administered on duty through a mutually agreed-upon medical provider.

All medical findings shall be provided directly to the member and maintained in strict confidence in accordance with state and federal law, including HIPAA. Medical results shall not be used for disciplinary, promotional, or employment determination purposes.

Further details of the program are outlined in the Department Policy Manual. Any changes shall be subject to a meet and confer process between the City and the Association.

Article 17 SICK LEAVE
Sick leave is leave form duty which may be granted by the City to an employee because of illness, injury, exposure to contagious disease, illness or injury of a member of the employee’s immediate family requiring the employee’s attendance and medical, dental and optical appointments to the extent that such appointments cannot be scheduled outside the workday.

An employee’s immediate family shall consist of the employee’s spouse or domestic partner, children, step-children, the employee’s, the spouse’s, or the domestic partner’s, mother, father, brother, sister, grandchildren or grandparents or other members of the employee’s family residing in the employee’s home or other member of the employee’s family primarily dependent upon the employee.

ͳ

An employee may be granted sick leave only in case of actual sickness as defines above or as otherwise required by law. In the event that an employee or a member of the employee’s immediate family recovers from any such sickness after being granted sick leave, and during the regularly scheduled hours of work, then such employee shall notify the appropriate immediate supervisor and be available to return to duty.

In order to apply for sick leave use, an employee shall notify the appropriate immediate supervisor within one hour of the time established at the beginning of the employee’s workday, 14 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66 unless the City determines that the employee’s duties require more restrictive reporting.

Additionally, each department may have its own guidelines for reporting in sick. Failure to provide notice without good cause shall result in that day of absence being treated as leave of absence without pay.

If the employee is absent on sick leave for more than one day the employee shall keep their immediate supervisor informed as to the date the employee expects to return to work.

Sick leave shall not be granted to any employee absent from duty as a result of any sickness, injury or disability purposefully self-inflicted or caused by willful misconduct.

Sick leave shall not be granted to any employee absent from duty after separation from City service or during a City authorized leave of absence without pay or any other absence form duty not authorized by the City.

Sick leave shall not be granted to an employee to permit the extension of the employee’s vacation.

The City may require a physician’s certification at any time as to the sickness or injury of the employee or their intermediate family member and the date of the employee’s intended return to work.

Employees will not be permitted to use vacation or other leave in lieu of sick leave unless approved by the Personnel Officer.

ʹ

Employees shall accrue 5.5 hours of sick leave per pay period for a total of 144 hours (6 shifts) per year. Sick leave may be accrued to a maximum of 2,000 hours. Employee shall have no financial claim to reimbursement for unused sick leave upon leaving City employment, except as follows as what is set forth in Section 5 of the City’s Rules and Regulations.

Sick leave granted by the City and used by an employee shall be deducted from the employee’s Accrued sick leave balance.

Sick leave shall not be accrued by an employee absent from duty after separation from the City Service or during a City authorized leave of absence without pay, or any other absence from duty Not authorized by the City.

Article 18 VACATION LEAVE
Full-time employees are entitled to annual vacation leave with pay. Vacation leave shall be earned from the first day of probationary employment and may be used only as it is earned.

Requests for vacation leave exceeding the amount of leave will require the prior approval of the Personnel Officer.
15 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66
ͳ

Every full-time probationary and regular employee shall accrue paid vacation leave per payroll period as follows:

Length of Service Service Years Per Payroll Annually
0 - 48 months 1 – 4 5.53 hours 144 hours – (6 shifts)
49 - 119 months 5-9 7.38 hours 168 hours – (8 shifts)
120 - 179 months 10-14 8.30 hours 216 hours - (9 shifts) 180 - 239 months 15-19 9.23 hours 240 hours – (10 shifts) 240 – and above 20 & over 10.15 hours 264 hours – (11 shifts) Vacation shall accrue bi-weekly on a pro rata basis and increases shall occur at the beginning of the month.

ʹ

Employees may accumulate up to a total of 135 hours vacation time, not including the current year’s allocation, of any given year. For example, if an employee’s annual accrual is 144 hours annually, the employee may accumulate 144 hours + 135 hours, up to 279 hours. This employee will cease to accumulate any vacation leave over 279 hours.

After 144 hours of Vacation Leave have been taken in a 12-month period, the employee may request payment in cash at the employee’s regular hourly rate, as long as 40 hours of vacation leave remains on the books.

Article 19 HOLIDAY LEAVE
On July 1 of each year, or prorated thereto, each employee will be granted 104 hours of Holiday Leave. A Request for Leave of Absence form shall be submitted fifteen working days prior to any use of holiday leave. The balance of any Holiday Leave will be automatically cashed out at the employee’s regular hourly rate on final full payroll in the fiscal year on the regular paycheck for that pay period. This leave may not be cashed out at any other time during the fiscal year.

Article 20 JURY LEAVE AND COURT APPEARANCES
Every employee who is called or required to serve as a juror shall be entitled to be absent from his/her duties during the period of such service. Unless otherwise stated in an applicable MOU, there is no limit to the amount of time employees may serve on jury duty. The City will continue to pay an employee his/her regular salary for up to 20 working days so long as proof of services is submitted within five calendar days. After the 20 paid working days of jury leave has been exhausted, jury leave shall be unpaid. Employees are entitled to retain any mileage reimbursement received in connection with jury duty service. If any employee is released from jury duty service prior to the end of his/her normal workday/ scheduled shift, the employee must report to work unless otherwise authorized by his/her supervisor.

An employee who is subpoenaed to appear in court in a matter regarding an event or transaction which arose in the course and scope of his/her City employment shall be allowed to do so without loss of compensation. An employee subpoenaed to appear in court in a matter unrelated to 16 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66 his/her official capacity as a City employee shall be permitted time off without pay or, if the employee chooses, to use accrued non-sick leaves for this purpose.

Article 21 LIGHT DUTY
At the discretion of the Department, a limited number of temporary light duty positions may be identified. The Department may assign employees injured on duty to light duty positions. The Department has the discretion to consider approving requests that involve off-duty injuries for light duty positions; however, on-duty or industrial injuries will take precedence.

Light duty assignments will be limited to 90 calendar days. The Personnel Officer may approve a one-time extension of that time frame where circumstances warrant. If an extension is granted, it does not create a permanent light duty position, but is intended solely to reasonably accommodate an employee on a temporary basis.

If the Chief determines that the department is unable to accommodate the restrictions, the employee will be subject to the City’s Transitional Return to Work Policy.

Article 22 OUTSIDE EMPLOYMENT
No full-time employee shall engage in any outside employment without first obtaining permission of the Personnel Officer or his/her designee, Fire Chief, and Human Resources Manager prior to the commencement of employment. Once permission is granted, the employee must again request permission annually on January 1st of each year. The request for outside employment must be done in writing and it must be completed for any outside employment regardless of length or classification of employment. The Personnel Officer or his/her designee the Fire Chief may deny permission to an employee to engage in any outside employment which is incompatible with City employment as described in Government Code section 1126 or if the Chief determines that the outside employment would render the employee incapable of, or less effective in performing his/her duties as an employee of the City. Failure of any employee to obtain prior written approval of the Chief is grounds for discipline, up to and including termination.

Article 23 GRIEVANCE PROCEDURE
The grievance procedure set forth in Section 23 (Grievance Procedure) of the City’s Rules and Regulations shall govern grievances.

Article 24 DISCIPLINARY ACTION
The disciplinary action procedure set forth in Section 24 (Disciplinary Action) of the City’s Rules and Regulations shall govern disciplinary actions.
17 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66 Article 25 Supplemental Procedures for Appeal by Firefighters of Punitive Action Under the Firefighters Procedural Bill of Rights Act The following appeals procedures were adopted pursuant to Government Code section 3254.5 of the Firefighters Procedural Bill of Rights Act (the Act) and shall apply to any administrative appeal of a punitive action that is required to be afforded to a firefighter under the Act. The procedures supplement any requirements of section 2.68 (Standard Appeal Procedure) of the City Municipal Code and the MOU. Only firefighters (as defined below) are afforded the rights delineated below.

ͳ
Firefighter means an employee who is considered a “firefighter” under Government Code § 3251(a).

Punitive Action means any action defined by Government Code § 3251(c), i.e., “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.”

ʹ

ǡǡ

Pursuant to Government Code section 11445.20, the following informal hearing procedure shall be utilized for an appeal by a firefighter of a punitive action not involving a discharge, demotion or suspension.

Notice of Appeal
Within five (5) calendar days of receipt by a firefighter of notification of punitive action as set forth above, the firefighter shall notify the City Manager in writing of the firefighter’s intent to appeal the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal.

Presiding Officer
In an informal hearing, the City Manager or his/her designee shall be the presiding officer. The City Manager or his/her designee shall conduct the informal hearing in accordance with these procedures. In such cases, the determination of the City Manager shall be final and binding.

Burden of Proof
The City shall bear the burden of proof at the hearing.

If the action being appealed does not involve allegations of misconduct by the firefighter, the limited purpose of the hearing shall be to provide the firefighter the opportunity to establish a record of the circumstances surrounding the action. The City’s burden of proof shall be satisfied if the City establishes by a preponderance of the evidence that the action was reasonable. The City’s burden of proof may be satisfied even though reasonable persons may disagree about the appropriateness of the action.
18 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66 If the punitive action involves charges of misconduct, the City shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge and that the punitive action was reasonable under the circumstances.

Conduct of Hearing
The formal rules of evidence do not apply, although the Presiding Officer shall have discretion to exclude evidence which is incompetent, irrelevant or cumulative, or the presentation of which will otherwise consume undue time.

The parties may present opening statements.

The parties may present evidence through documents and testimony.

Witnesses shall testify under oath.

Subpoenas may be issued pursuant to Government Code §§ 11450.05 - 11450.50.

Unless the punitive action involves a loss of compensation, the parties shall not be entitled to confront and cross-examine witnesses.

Following the presentation of evidence, if any, the parties may submit oral and/or written closing arguments for consideration by the hearing officer.

Recording of the Hearing
If the punitive action involves the loss of compensation, then the hearing may be stenographically recorded by a certified court reporter. Otherwise, the hearing may be tape recorded. The per diem cost of the court reporter shall be equally borne by the parties. The cost to receive a transcript of the hearing shall be borne by the party requesting the transcript.

Representation
The firefighter may be represented by an association representative or attorney of his or her choice at all stages of the proceedings. All costs associated with such representation shall be borne by the firefighter.

Decision
The decision shall be in writing pursuant to Government Code §11425.50. The decision shall be served by first class mail, postage pre-paid, upon the firefighter as well as his/her attorney or representative, shall be accompanied by an affidavit or certificate of mailing, and shall advise the firefighter that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.6.
19 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66
͵

ǡǡ

In those instances, where the procedures in Government Code §§ 11400, et seq. are inapplicable to an administrative appeal, the administrative appeal shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code.

Notice of Discipline as Accusation
The final notice of discipline which is issued at the conclusion of any pre-disciplinary procedures shall serve as the accusation as described in Government Code §§ 11500, et seq. The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq.

Pursuant to Government Code § 3254, subsection (f), the discipline shall not be effective sooner than 48 hours of issuance of the final notice of discipline.

The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq. The notice shall include a post card or other form entitled Notice of Defense which, when signed, will acknowledge service of the accusation and constitute notice of defense under Government Code § 11506.

The accusation shall include or be accompanied by a statement to respondent (firefighter) stating that the respondent may request a hearing by filing a notice of defense as provided in Government Code § 11506 within 15 days after service of the Accusation, and that failure to do so will constitute a waiver of the respondent’s right to a hearing. The statement to respondent shall be prepared in conformity with the requirements of Government Code § 11505.

A copy of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code shall be provided to the firefighter concurrently with the notice of discipline.

Administrative Law Judge
Pursuant to Government Code § 11512, the City has determined that appeals shall be heard by the City Council or a designated mutually agreed upon advisory hearing officer with an administrative law judge presiding over the hearing. The administrative law judge shall rule on the admission and exclusion of evidence and advise on matters of law. The City Council or the mutually agreed upon advisory hearing officer shall exercise all other powers relating to the conduct of the hearing.

Time and Place of Hearing
Pursuant to Government Code § 11508, unless otherwise decided by the City Council, a hearing shall be conducted at City Hall or another location designated by the City Council, at a time to be determined by the City Council.

Notice of the Hearing
20 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66 Notice of the hearing shall be provided to the parties pursuant to Government Code § 11509.

Burden of Proof
The burdens of proof and production of evidence shall be borne by the City. The standard of proof shall be by a preponderance of the evidence.

Judicial Review
Judicial review of the City Council’s decision (or that of the mutually agreed upon advisory hearing officer) may be had pursuant to Government Code § 11523.

Article 26 AGREEMENT, MODIFICATION, WAIVER
No agreement, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing and affixed hereto by all-parties and approved by the City Council.

The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

Article 27 PROVISIONS OF LAW
This agreement is subject to all future and current applicable Federal and State laws and regulations.

If any part or provision of this Agreement is in conflict with such applicable provisions of Federal and State laws and regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part of the provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the Agreement shall not be affected.

The Association and/or the City shall have the right to meet and confer within 30 days concerning said section. This Agreement shall supersede all City rules or ordinances which are in conflict with the Agreement.

Current rules, regulations, and ordinances of the City that do not deal with matters covered by this Agreement shall remain in full force and effect.

Article 28 EFFECT
This Agreement shall remain in full force and effect until a new Memorandum of Understanding is negotiated by the City and Association and said Memorandum of Understanding has been approved and ratified by both the Association and the City.

In exercising the above rights, the City shall comply with all applicable provisions of this Agreement. In exercising the above rights, the City shall not in any way, directly or indirectly, be subject to the grievance procedure herein, provided the City has complied with all applicable provisions of the Agreement and all applicable State laws. 21 |
Memorandum of Understanding Between SMPFA and City of Sierra Madre July 1, 2020 to June 30, 2026 – Amended October 28, 2025 Resolution 25-66 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this 24th day of October, 2025:

Sierra Madre Professional Firefighters
Association Representatives:

City of Sierra Madre Management
Representatives:

David Gacad, Association President Michael Bruckner, City Manager Jacob Knapp, Association Vice President
Chris Bertrand, Association Secretary &
Treasurer

TO: Honorable Mayor Parkhurst and Members of the City
Council
FROM: Anthony Rainey, Finance Director
Selena Yang, Senior Accountant
REVIEWED BY: Michael Bruckner, City Manager
DATE: October 28, 2025
SUBJECT: AB 1600 MITIGATION FEE ACT COMPLIANCE REPORT

STAFF RECOMMENDATION
It is recommended that the City Council receive and file the Fiscal Year 2024–2025 AB 1600 Mitigation Fee Act Compliance Report (Attachment A) and direct staff to post the report in accordance with the requirements of California Government Code § 66006(b), that governs the annual reporting and public availability of development impact fee information.

ALTERNATIVES

1. Receive and file the report

2. The City Council provide direction to staff regarding the Update.

EXECUTIVE SUMMARY
The annual AB 1600 Mitigation Fee Act Compliance Report provides required disclosure of development impact fee activity. For FY 2024–2025, no new impact fees were collected. Interest earnings accrued across funds; project spending occurred in the Library and Parks/Quimby funds; and all funds remain restricted for growth-related capital needs. Ending balances as of June 30, 2025 (except Sewer per the report) are summarized in the Analysis section.

ANALYSIS
Cities and counties commonly charge fees on new development projects to fund public improvements, public amenities, and public services. For example, traffic mitigation fees are used to support transit facilities, streets, bike lanes, and sidewalks. These fees, commonly referred to as Development Impact Fees or Developer Fees, ensure that new development contributes its fair City of Sierra Madre

AGENDA REPORT
Robert Parkhurst, Mayor
Kristine Lowe, Mayor Pro Tem
Edward Garcia, Council Member
Gene Goss, Council Member
Kelly Kriebs, Council Member
Sue Spears, City Treasurer

Page 2 of 3 ends

Sierra Madre City CouncilOctober 28, 2025

Sierra Madre City Council
October 28, 2025