2014 08 05 CCCITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBERS
78-495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, AUGUST 5, 2014
3:30 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
CALL TO ORDER
ROLL CALL: Councilmembers: Evans, Franklin, Henderson, Osborne, Mayor Adolph
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes. The City Council values your comments; however in accordance with State
law, no action shall be taken on any item not appearing on the agenda unless it is an
emergency item authorized by GC 54954.2(b).
CLOSED SESSION
1.Conference with Real Property Negotiators pursuant to Government Code
Section 54956.8 for property located at: La Quinta Village, East of Desert
Club Drive, South of Calle Tampico, North of Avenida La Fonda (APN-
123-002; 770-123-003; 770-123-004; 770-123-006; 770-123-010; 770-
124-002; 770-124-003; 770-124-004; 770-124-007; and 770-124-009);
Agency Negotiator: Frank J. Spevacek, City Manager
Negotiating Parties: Marvin Investments, Inc., Wells Marvin
Under Negotiation: Price and terms of payment for acquisition and/or
disposition of the property identified.
CITY COUNCIL AGENDA 1
AUGUST 5, 2014
2.Conference with Real Property Negotiators pursuant to Government Code
Section 54956.8 for property located at: SilverRock Resort (APNs 770-200-
026; 776-150-021; 776-150-023; 770-060-056; 770-060-057; 770-060-
058; 770-060-059; 770-060-061; 770-060-062; 777-490-004; 777-490-
006; 777-490-007; 777-490-012 AND 777-490-014);
Agency Negotiator: Frank J. Spevacek, City Manager;
Negotiating Parties: John Gamlin, Meriwether Companies; Robert S. Green,
Jr., The Robert Green Company;
Under Negotiation: Price and terms of payment for acquisition and/or
disposition of the property identified.
QDBDRR SN BKNRDC RDRRHNM
RECONVENE AT 4:00 P.M.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed
on the agenda. Okd`rd bnlokdsd ` !qdptdrs sn rod`j! enql `mc khlhs xntq bnlldmsr sn
sgqdd lhmtsdr- The City Council values your comments; however in accordance with State
law, no action shall be taken on any item not appearing on the agenda unless it is an
emergency item authorized by GC 54954.2(b).
CONFIRMATION OF AGENDA
PAGE
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
1.PRESENTATION TO KATIE BARROWS AND MARK WEBER IN
APPRECIATION FOR THEIR SERVICE ON THE PLANNING
COMMISSION
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
1.APPROVE MINUTES OF JULY 15, 2014 7
2.AUTHORIZE OVERNIGHT TRAVEL FOR TWO STAFF MEMBERS 15
TO ATTEND CALIFORNIA BUILDING OFFICIALS TRAINING
INSTITUTE EDUCATION WEEK ON OCTOBER 20-23, 2014, IN
ONTARIO, CALIFORNIA
CITY COUNCIL AGENDA 2
AUGUST 5, 2014
PAGE
3.SECOND READING AND ADOPTION OF ORDINANCE NO. 519 21
AMENDING SECTION 2.60.020 OF THE LA QUINTA MUNICIPAL
4.ADOPT RESOLUTION TO APPROVE PURCHASE AND SALE 29
AGREEMENT WITH WILLIAM AND SHARON RICHARDSON FOR
PURCHASE OF CERTAIN VACANT PROPERTY LOCATED ON
AVENIDA LA FONDA, EAST OF DESERT CLUB DRIVE
\[RESOLUTION
2014-042\]
5.APPROVE DEMAND REGISTERS DATED JULY 11, JULY 17 AND 61
JULY 18, 2014
6.ACCEPT PLANNING COMMISSION DECISION TO APPROVE 79
CONDITIONAL USE AND SITE DEVELOPMENT PERMITS FOR THE
CHATEAU AT LAKE LA QUINTA EXPANSION
7.ADOPT RESOLUTION TO APPROVE REVISED PERSONNEL 129
POLICY, NEW CLASSIFICATION SPECIFICATIONS, AND
AUTHORIZED POSITIONS SALARY RATINGS
\[RESOLUTION 2014-
043\]
8.AWARD A CONTRACT TO AMERICAN ASPHALT SOUTH, INC. 347
FOR FISCAL YEAR 2014/2015 SLURRY SEAL PROGRAM
9.RATIFY CHANGE ORDER TO GRANITE CONSTRUCTION 351
COMPANY AND AMEND PROFESSIONAL SERVICES AGREEMENT
TO DUDEK FOR PHASE I PAVEMENT MANAGEMENT PLAN
STREET IMPROVEMENTS
10.AWARD A CONTRACT TO NEW CONSTRUCTION SOLUTIONS 357
FOR PHASE I OF LA QUINTA MUSEUM IMPROVEMENTS TO
COMPLY WITH AMERICANS WITH DISABILITIES ACT
11.DENIAL OF CLAIM FOR DAMAGES FILED BY: BRIAN GORDON; 361
DATE OF LOSS DECEMBER 27, 2013
12.APPROVE AMENDMENT EXTENDING TERM OF PROFESSIONAL 363
SERVICES AGREEMENT WITH TALL MAN GROUP FOR REAL
ESTATE ANALYSIS SERVICES
CITY COUNCIL AGENDA 3
AUGUST 5, 2014
BUSINESS SESSION
PAGE
1.ESTABLISH AN AD HOC COMMITTEE TO REVIEW GRANT 401
REQUESTS AND APPOINT TWO CITY COUNCIL MEMBERS TO
COMMITTEE
STUDY SESSION
1.DISCUSS ALTERNATIVES FOR REHABILITATION OF PAVEMENT 403
ON MONROE STREET BETWEEN AVENUE 54 AND AVENUE 55
2.DISCUSS PROPOSAL FROM MARVIN INVESTMENTS, INC. FOR 413
USE OF CERTAIN CITY OWNED LAND FOR THE PROPOSED
VILLAS AT OLD TOWN MIXED-USE DEVELOPMENT LOCATED IN
THE LA QUINTA VILLAGE
REPORTS AND INFORMATIONAL ITEMS
1.CVAG CONSERVATION COMMISSION
(Evans)
2.CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE
(Evans)
3.GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU
(Evans)
4.ANIMAL CAMPUS COMMISSION
(Franklin)
5.CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
(Franklin)
6.CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE
(Franklin)
7.COACHELLA VALLEY ECONOMIC PARTNERSHIP
(Franklin)
8.COACHELLA VALLEY MOUNTAINS CONSERVANCY
(Franklin)
9.JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY
(Franklin)
10.CVAG PUBLIC SAFETY COMMITTEE
(Henderson)
11.CVAG TRANSPORTATION COMMITTEE
(Henderson)
12.LEAGUE OF CALIFORNIA CITIES DELEGATE
(Henderson)
13.RIVERSIDE COUNTY TRANSPORTATION COMMISSION
(Henderson)
14.CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE
(Osborne)
15.DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE
(Osborne & Franklin)
16.
(Osborne)
17.COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE
(Adolph)
18.CVAG EXECUTIVE COMMITTEE
(Adolph)
19.SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS DELEGATE
(Adolph)
20.SUNLINE TRANSIT AGENCY
(Adolph)
CITY COUNCIL AGENDA 4
AUGUST 5, 2014
PAGE
21.COMMUNITY SERVICES COMMISSION MINUTES - MAY 12, 2014 421
22.PLANNING COMMISSION MINUTES DATED JUNE 24 AND JULY 8, 423
2014
DEPARTMENTAL REPORTS
1.CITY MANAGER
A. BERMUDA DUNES AIRPORT 431
B.COACHELLA VALLEY WATER DISTRICT CONSERVATION
ACTIONS (VERBAL)
2.COMMUNITY DEVELOPMENT DEPARTMENT REPORT JUNE 2014 445
3.COMMUNITY SERVICES 2014/15 MARKETING PLAN 449
PUBLIC HEARINGS 6:00 P.M.
with the City Clerk prior to consideration of that item.
A person may submit written comments to City Council before a public hearing or appear
in support or opposition to the approval of a project(s). If you challenge a project(s) in
court, you may be limited to raising only those issues you or someone else raised at the
public hearing or in written correspondence delivered to the City at, or prior to the public
hearing.
1. ADOPT RESOLUTION TO APPROVE A SALES TAX SHARING 463
AGREEMENT WITH ONE ELEVEN LA QUINTA, LLC FOR CERTAIN
IMPROVEMENTS ASSOCIATED WITH 111 LA QUINTA CENTER
\[RESOLUTION 2014-044\]
ADJOURNMENT
**************************
The next regular meeting of the City Council will be held on September 16, 2014,
commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at
the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
The regular meetings of August 19 and September 2, 2014 have been cancelled.
CITY COUNCIL AGENDA 5
AUGUST 5, 2014
DECLARATION OF POSTING
I, Teresa Thompson, Deputy City Clerk, of the City of La Quinta, do hereby declare
that the foregoing Agenda for the La Quinta City Council meeting was posted on
near the entrance to the Council Chambers at 78-495 Calle
Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78-630
Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas,
on August 1, 2014
DATED: August 1, 2014
TERESA THOMPSON, Deputy City Clerk
City of La Quinta, California
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special
777-7103, twenty-four (24) hours in advance of the meeting and accommodations
will be made.
If special electronic equipment is needed to make presentations to the City Council,
777-7103. A one (1) week notice is required.
If background material is to be presented to the Councilmembers during a City
Council meeting, please be advised that eight (8) copies of all documents, exhibits,
etc., must be supplied to the City Clerk for distribution. It is requested that this
take place prior to the beginning of the meeting.
Any writings or documents provided to a majority of the City Council regarding any
item(s) on this agenda will be made available for public inspection at the Community
Development counter at City Hall located at 78-495 Calle Tampico, La Quinta,
California, 92253, during normal business hours.
CITY COUNCIL AGENDA 6
AUGUST 5, 2014
CONSENT: 1
CITY COUNCIL
MINUTES
TUESDAY, JULY 15, 2014
A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by
Mayor Adolph.
PRESENT: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph
ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON AGENDA
PUBLIC SPEAKER: Philip Bettencourt, Planning Commissioner, stated that he was in
attendance as an observer and representative of the Commission.
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT:
SOUTH OF AVENUE 52, EAST OF FRITZ BURNS PARK, NORTH AND WEST
OF TRADITIONS (PORTION OF APN 770-184-013).
CITY NEGOTIATOR: CITY MANAGER
NEGOTIATING PARTIES: DANEEN WILDER, VERIZON WIRELESS
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR
LEASE OF PROPERTY FOR CELL TOWER SITE
COUNCIL RECESSED TO CLOSED SESSION AT 3:32P.M.
MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 4:02 P.M.
WITH ALL MEMBERS PRESENT. NO ACTIONS WERE TAKEN IN CLOSED
SESSION THAT REQUIRES REPORTING PURSUANT TO GOVERNMENT
CODE SECTION 54957.1 (BROWN ACT).
Mayor Adolph led the audience in the pledge of allegiance.
PUBLIC COMMENT ON MATTERS NOT ON AGENDA
None
CONFIRMATION OF AGENDA
Councilmember Franklin requested that Consent Calendar Item No. 16 be moved to
Business Session No. 2 for discussion and separate vote. Councilmember Evans
requested that Consent Calendar Item No. 7 be pulled for discussion and separate vote.
Mayor Adolph request that Consent Calendar Item No. 5 be pulled for discussion.
Council concurred.
CITY COUNCIL MINUTES 1
JULY 15, 2014
7
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
None
CONSENT CALENDAR
1. APPROVE MINUTES OF JULY 1, 2014
2. APPROVE OVERNIGHT TRAVEL FOR STAFF TO ATTEND THE MARKETING
AND BRAND MANAGE-CAMP CONFERENCE IN LAS VEGAS, NEVADA
SEPTEMBER 18-19, 2014
3. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE ON-SITE AND OFF-
SITE IMPROVEMENTS FOR PARCEL MAP NO. 35900, ARNOLD PALMER
OFFICE BUILDINGS
\[RESOLUTION 2014-033\]
4. ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF
AMENDMENT NO. 2 TO FINAL TRACT MAP NO. 31681-3, ANDALUSIA
\[RESOLUTION 2014-034\]
5. ADOPT RESOLUTION GRANTING
Pulled for discussion by Mayor Adolph >>>
CONDITIONAL APPROVAL OF FINAL MAP AND SUBDIVISION
IMPROVEMENT AGREEMENTS ASSOCIATED WITH TRACT MAP NO.
36537-1, THE SIGNATURE
\[RESOLUTION 2014-035\]
6. ACCEPT OFF-SITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP NO.
31910, CAPISTRANO
7. EXCUSE
Pulled for discussion and separate vote by Councilmember Evans >>>
S ABSENCE FROM THE JUNE 11, 2014
INVESTMENT ADVISORY BOARD MEETING
8.
FROM THE JULY 8, 2014, PLANNING COMMISSION MEETING
9. ADOPT A RESOLUTION REQUESTING THE COUNTY OF RIVERSIDE
PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES
AT SINGLE-FAMILY DWELLINGS ON THE TAX ROLLS
\[RESOLUTION 2014-036\]
10. APPROVE DEMAND REGISTERS DATED JUNE 13, JUNE 20, JUNE 27,
JUNE 30, AND JULY 3, 2014
11. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR
CONSTRUCTION INSPECTION SERVICES
12. APPROVE DECLARATION OF SURPLUS
CITY COUNCIL MINUTES 2
JULY 15, 2014
8
13. ADOPT RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL
MAP AND SUBDIVISION IMPROVEMENT AGREEMENTS ASSOCIATED
WITH TRACT MAP NO. 31087, DARBY ESTATES
\[RESOLUTION 2014-037\]
14.
31, 2014
15. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED
APRIL 30 AND MAY 31, 2014
16
. Pulled and reassigned to the Business Session by Councilmember Franklin >>>
ADOPT A RESOLUTION TO APPROVE THE EXPENDITURE OF FORMER
REDEVELOPMENT AGENCY BOND PROCEEDS FOR THE SILVERROCK
GOLF COURSE RESTORATION IMPROVEMENTS PROJECT; AND AWARD
A CONTRACT FOR PHASE II OF THE SILVERROCK GOLF COURSE
RESTORATION PROJECT
\[RESOLUTION 2014-038\]
MOTION A motion was made and seconded by Councilmembers Evans/Franklin to
approve the Consent Calendar as recommended with the exception of Item Nos. 5, 7,
and 16, and with Item Nos. 3, 4, 9, and 13 adopting Resolutions 2014-033, 2014-034,
2014-036 and 2014-037 respectfully. Motion passed unanimously.
Council discussed the two pulled items (Nos. 7 and 5).
MOTION A motion was made and seconded by Councilmembers Evans/Henderson to
deny the request of Investment Advisory Board Member Parks to be excused from the
June 11, 2014 meeting Motion passed unanimously.
\[Consent Calendar Item No. 7\].
MOTION A motion was made and seconded by Councilmembers Evans/Henderson to
approve Consent Calendar Item No. 5 by adopting Resolution 2014-035 as
recommended. Motion passed unanimously.
BUSINESS SESSION
1. FIRST READING TO INTRODUCE AN ORDINANCE AMENDING SECTION
2.60.020 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE
CONFLICT OF INTEREST CODE, AND APPROVE THE CALIFORNIA FAIR
NOTICE
MOTION A motion was made and seconded by Councilmembers Evans/Franklin to
take up Ordinance No. 519 by title and number only and waive further reading. Motion
passed unanimously.
CITY COUNCIL MINUTES 3
JULY 15, 2014
9
City Clerk Maysels read the ordinance title into the record.
MOTION A motion was made and seconded by Councilmembers Franklin/Evans to
introduce at first reading, Ordinance No. 519 amending Section 2.60.020 of the La
Conflict of Interest code. Motion passed
unanimously.
MOTION A motion was made and seconded by Councilmembers Evans/Henderson to
Agency Biennial Notice. Motion passed unanimously.
2.ADOPT A RESOLUTION TO
From Consent Calendar Item No. 16 >>>
APPROVE THE EXPENDITURE OF FORMER REDEVELOPMENT AGENCY
BOND PROCEEDS FOR THE SILVERROCK GOLF COURSE RESTORATION
IMPROVEMENTS PROJECT; AND AWARD A CONTRACT FOR PHASE II OF
THE SILVERROCK GOLF COURSE RESTORATION PROJECT
\[RESOLUTION
2014-038\]
Principal Engineer Bryan McKinney presented the staff report, which is on file with the
City Clerk.
In response to Councilmember Franklin, Principal Engineer McKinney explained the
bond funds to be used and details on the additive alternate No. 1.
MOTION A motion was made and seconded by Councilmembers Osborne/Franklin to
award the base bid plus additive alternate No. 1 for a total cost of $1,700,548.90 to O&J
Golf Construction Inc., and adopt Resolution 2014-038 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, CONSENTING TO THE EXPENDITURE OF REDEVELOPMENT
AGENCY BOND PROCEEDS FOR THE SILVERROCK GOLF COURSE
RESTORATION IMPROVEMENTS, AND MAKING CERTAIN FINDINGS
PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a)
Motion passed unanimously.
STUDY SESSION
NONE
REPORTS AND INFORMATIONAL ITEMS
, reported on her
participation in the following organizations meeting:
CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE
ve for 2014, Councilmember Franklin, reported on her
participation in the following organizations meetings:
ANIMAL CAMPUS COMMISSION
COACHELLA VALLEY MOUNTAINS CONSERVANCY
CITY COUNCIL MINUTES 4
JULY 15, 2014
10
ve for 2014, Councilmember Henderson, reported on her
participation in the following organizations meeting:
LEAGUE OF CALIFORNIA CITIES REPRESENTATION
, reported on his
participation in the following organizations meeting:
IID ENE
DEPARTMENT REPORTS
office.
City Clerk Maysels announced that a special City Council meeting is planned for July
29, 2014. The start time will be provided to Councilmembers and the public shortly.
Councilmembers complimented staff on the new marketing website and the Public
program.
Mayor Adolph shared a table of assessments and charges added to property tax bills by
next lowest being Palm Desert at $88.92. The two highest are Indian Wells at
$2,078.20 and Cathedral City at $1,121.14.
Councilmember Franklin reported on Brian Nestande seminar regarding the need for
vocational education in the Coachella Valley, and stated that such programs are needed
in order to keep young residents in the Valley.
THE CITY COUNCIL RECESSED AT 4:44 P.M. TO THE MEETING OF THE
SUCCESSOR AGENCY TO THE DISSOLVED REDEVELOPMENT AGENCY
FOLLOWED BY THE HOUSING AUTHORITY MEETING.
MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 6:00 P.M.
WITH ALL MEMBERS PRESENT.
PUBLIC COMMENT
None
PUBLIC HEARINGS
Mayor Adolph switched the order of the Public Hearing items at the request of staff.
2.
FEES
\[RESOLUTION 2014-041\]
CITY COUNCIL MINUTES 5
JULY 15, 2014
11
Principal Engineer Ed Wimmer presented the staff report, which is on file in the City
Mayor Adolph declared the PUBLIC HEARING OPEN at 6:08 p.m.
PUBLIC SPEAKER: Gretchen Gutierrez, CEO of Desert Builders Association Ms.
Gutierrez stated her support for the new fee schedule and requested that on an annual
basis the Council review fees and decide if a CPI increase is appropriate.
Mayor Adolph declared the PUBLIC HEARING CLOSED at 6:11 p.m.
MOTION A motion was made and seconded by Councilmembers Henderson/Evans to
adopt RESOLUTION 2014-041entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA ADOPTING A REVISED SCHEDULE OF VARIOUS
BUILDING, PLANNING, PUBLIC WORKS, AND ADMINISTRATIVE USER
AND REGULATORY FEES
Motion passed unanimously.
1. ADOPT RESOLUTIONS TO APPROVE SPECIFIC PLAN 2006-081,
AMENDMENT NO. 1, AND SITE DEVELOPMENT PERMIT 2013-937 FOR
CANYON RIDGE, A 74 SINGLE-FAMILY SUBDIVISION ON 28.3 ACRES,
LOCATED ON THE WEST SIDE OF WASHINGTON STREET, NORTH OF
AVENUE 48
\[RESOLUTIONS 2014-039 AND 2014-040\]
Community Development Director Johnson presented the staff report, which is on file in
A memo revising item 3A of the Specific Plan and item 55 of the
Site Development Permit was distributed.
Councilmembers discussed the 10-car stacking space at the main entrance; the need
for amenities for children as well as pools and possibly a community center; straight
versus curved street designs; church traffic flow post development; design and height of
walls, and time before plantings on the massive walls ma
th
to install a traffic signal when the 15 home is constructed; concern about the impact of
blow-sand from adjacent property; blow-sand mitigation; need to disclose blow-sand to
homebuyers; -sand from building up in drainage
system; ownership of the adjacent property to the west and its status as protected,
unbuildable land; communication with property owners to the south; disturbance to
existing retention basins; street parking and width of common driveways; obligation of
development to provide access to the landlocked property to the west.
Mayor Adolph declared the PUBLIC HEARING OPEN at 6:54 p.m.
PUBLIC SPEAKER: R. W. Hollis, Jr., West Lake Village, applicant/developer Mr.
Hollis provided background on the ownership and development of the property. He said
that his company will error on the side of caution and disclose the possibility of sand
CITY COUNCIL MINUTES 6
JULY 15, 2014
12
blowing onto properties to buyers. He said he is open to providing recreational facilities
for children, which can be designed and included in the final landscape plan. The sale
price for properties is expected to range from the $700,000s to $1 million.
Mayor Adolph requested that Mr. Hollis consider upgrading the entrance design.
Mayor Adolph declared the PUBLIC HEARING CLOSED at 7:07 p.m.
MOTION A motion was made and seconded by Councilmembers Henderson/Evans to
adopt RESOLUTION 2014-039 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING SPECIFIC PLAN 2006-081, AMENDMENT
NO. 1, FOR THE CANYON RIDGE PROJECT. APPLICANT: WEST
COAST HOUSING PARTNERS
With the amended language provided in the distributed memo incorporated
and with a recreation area(s) included in the final landscape plan.
Motion passed unanimously.
MOTION A motion was made and seconded by Councilmembers Evans/Henderson to
adopt RESOLUTION 2014-040 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA APPROVING SITE DEVELOPMENT PERMIT 2013-937,
INCLUDING SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR
THE CANYON RIDGE PROJECT. APPLICANT: WEST COAST HOUSING
PARTNERS
With the amended language provided in the distributed memo incorporated
and with a recreation area(s) included in the final landscape plan.
Motion passed unanimously.
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Evans/Franklin to adjourn at 7:10 p.m. Motion passed unanimously.
Respectfully submitted,
SUSAN MAYSELS, City Clerk
City of La Quinta, California
CITY COUNCIL MINUTES 7
JULY 15, 2014
13
14
CITY MEETING DATE: August 5, 2014
ITEM TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR
TWO STAFF MEMBERS TO ATTEND THE
CALIFORNIA BUILDING OFFICIALS TRAINING
INSTITUTE EDUCATION WEEK ON OCTOBER 20-23,
2014, IN ONTARIO, CALIFORNIA
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 2
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Authorize overnight travel for
Building Inspector II to attend
Education Week from October
California.
EXECUTIVE SUMMARY:
the Plans Examiner/Inspection Supervisor and
the California Building Officials Training Institute
20 through October 23, 2014, held in Ontario,
• The California Building Officials (CBO) 24th Annual Education Week will
furnish staff with the tools needed to keep active and up-to-date on code
changes and amendments, new technology, and advanced thinking on issues
related to the building regulatory industry.
• The conference will provide staff with continuing education units needed to
maintain state -required certifications.
FISCAL IMPACT:
Estimated expenses are $1,055, which includes travel, lodging, parking and meals.
Funds are available in the Community Development Department's budget under the
Building Division's Travel, Training, and Meeting account.
BACKGROUND/ANALYSIS:
CBO is providing a new curriculum this year geared toward the development and
improvement of individual staff member's mastery and advancement in building
administration, inspection, plan review, and code enforcement.
In an effort to minimize the impact on Department operations during the training,
W
the Senior Plans Examiner and Building Inspector II will stagger their attendance,
each attending two days of the four-day conference.
ALTERNATIVES:
As Council has determined that staff training is vital to the effective management
of the City, and this training is required by state mandates, staff does not
recommend an alternative.
Report prepared by: Tom Hartung, Interim Building Official
Report approved for submission by: Les Johnson, Community Development
Director
Attachment: 1 . CBO Training Institute Education Week Informational Materials
ill
ATTACHMENT 1
CTITraining
17
BurtHanada,PlansExaminer/InspectionSupervisor;A.J.Ortega,BuildingInspectorII
CityofLaQuinta
78-495CalleTampico
CityofLaQuinta,CA92211
(760)777-7118
mradeva@la-quinta.org
X
X
X
18
19
20
CITY MEETING DATE: August 5, 2014
ITEM TITLE: SECOND READING AND ADOPTION OF
ORDINANCE NO. 519 AMENDING SECTION 2.60.020
OF THE LA QUINTA MUNICIPAL CODE RELATING TO
THE CITY'S CONFLICT OF INTEREST CODE
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 3
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Adopt Ordinance No. 519 on second reading.
EXECUTIVE SUMMARY:
At the July 15, 2014 Council meeting, City Council unanimously approved a
motion to take up and introduce Ordinance No. 519 on first reading, which
amends Section 2.60.020 of the Municipal Code qdk`shmf sn otakhb neehbh`krŬ
conflicts of interest.
The purpose of the code is to designate positions that make or participate in
making governmental decisions, which may have a material effect on the
financial interests of the persons holding those positions.
City officials in designated positions must disclose their financial interests
annually and refrain from participation in any decision(s) that may affect them
financially.
FISCAL IMPACT:
None.
BACKGROUND/ANALYSIS:
Review of the positions and duties of public officials has resulted in the following
recommended changes to Section 2.60.020 of the Municipal Code:
21
Add the following new positions:
Assistant to City Manager
Assistant and/or Deputy City Manager
Update the titles of the following positions:
Building & Safety Director/Planning Director to Director of Community
Development
Building and Safety Manager to Building Official
Human Resources/General Services Manager to Human Resources/Risk
Manager
Delete the following unused titles:
Community Safety Manager
Economic Development/Housing Manager
Museum Services Manager
ALTERNATIVES:
As Council approved this ordinance at first reading, staff does not recommend an
alternative.
Report prepared by: Pam Nieto, Administrative Technician
Report approved for submission by: Susan Maysels, City Clerk
22
ORDINANCE NO. 519
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING SECTION 2.60.020
OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE
BHSXŬR BNMEKHBS NE HMSDQDRS BNCD
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS
WHEREAS
WHEREAS,
NOW THEREFORE,
2.60.020 DESIGNATED POSITIONS, DISCLOSURE CATEGORIES
23
24
.
PASSED, APPROVED,ADOPTED
AYES:
NOES:
ABSENT:
ABSTAIN:
25
ATTEST:
APPROVED AS TO FORM:
26
27
28
CITY MEETING DATE: August 5, 2014
ITEM TITLE: ADOPT RESOLUTION TO APPROVE
PURCHASE AND SALE AGREEMENT WITH WILLIAM
AND SHARON RICHARDSON FOR PURCHASE OF
CERTAIN VACANT PROPERTY LOCATED ON
AVENIDA LA FONDA, EAST OF DESERT CLUB DRIVE
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 4
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Adopt a resolution approving a Purchase and Sale Agreement with Richard and
Sharon Richardson for the purchase of a vacant parcel located on the south side of
Avenida La Fonda, east of Desert Club Drive, and authorize the City Manager to
execute all required documents.
EXECUTIVE SUMMARY:
The subject property is a vacant 16,431 square foot lot.
The property is immediately adjacent to and east of a City-owned vacant parcel
of similar size (see Attachment 1).
The agreement represents a purchase
price of $12.50/square foot, totaling $205,388.
The two properties will be considered for a future public parking lot or another
use of economic benefit to the Village.
FISCAL IMPACT:
The total cost for the property acquisition is $205,388; $130,670 will be funded
from the Economic Development Investment Fund and $74,718 from the Village
parking in-lieu fund.
BACKGROUND/ANALYSIS:
Earlier this year, Mr. and Mrs. William Richardson contacted City staff regarding
selling their vacant 16,431 square-foot lot to the City. This inquiry was a follow-
up to previous property purchase conversations initiated by the City in early 2011,
29
were not interested in selling at that time. Both parties
have agreed to a purchase price of $12.50/square foot for the lot, totaling
$205,388. This land value is consistent with two recent Village property
transactions involving City-owned properties. The property is immediately adjacent
to and east of a City-owned vacant parcel of similar size.
The City has been exploring off-street public parking in this general location to
benefit existing and future Village businesses as well as providing overflow parking
for events and functions held at the Civic Center Campus. Other development
opportunities could also be explored at this location should there be a future
demand for retail and/or office space.
ALTERNATIVES:
Council may direct staff to make changes to the terms of the purchase and sale
agreement.
Report prepared by: Les Johnson, Community Development Director
Report approved for submission by: Frank J. Spevacek, City Manager
Attachment: 1. Vicinity Map
30
RESOLUTION NO. 2014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA APPROVING AN AGREEMENT FOR
PURCHASE AND SALE AND ESCROW INSTRUCTIONS
BETWEEN THE CITY OF LA QUINTA AND WILLIAM &
SHARON RICHARDSON FOR CERTAIN PROPERTY
LOCATED IN THE LA QUINTA VILLAGE
WHEREAS, the City desires to support high quality,
vibrant and economically healthy commercial activity in the La Quinta Village that
includes a mix of office, retail, and restaurant uses; and
WHEREAS, supporting such development will generate additional commerce
and provide, as well as promote, development in accordance with the goals,
policies and programs of the La Quinta General Plan; and
WHEREAS, City staff has negotiated an Agreement for Purchase and Sale
and Escrow Instructions ("Agreement") with William & Sharon Richardson
(), pursuant to which the City has agreed to
purchase from Richardson certain real property located in the La Quinta Village
south of Avenida La Fonda and east of Desert Club, further identified as APN 770-
125-002, comprising of approximately 16,431 square feet, in the amount of
$12.50 per square foot, pursuant to the terms and conditions set forth in the
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA QUINTA AS FOLLOWS:
SECTION 1. That the above recitals are true and correct and incorporated herein.
SECTION 2. That the City Council of the City of La Quinta hereby finds and
determines that the purchase of said property is in the best interests of the citizens
of the City of La Quinta.
SECTION 3. The Agreement, a copy of which is on file with the City Clerk, is
hereby approved. The City Council authorizes and directs the City Manager and
City Attorney to make any final modifications to the Agreement that are consistent
with the substantive terms of the Agreement approved hereby, and to thereafter
sign the Agreement on behalf of the City.
31
City Council Resolution 2043
Purchase and Sale Agreement Richardson
Adopted: August 5, 2014
Page 2
SECTION 4. The City Council authorizes and directs the City Manager to (i) sign
such other and further documents, including but not limited to escrow instructions,
and (ii) take such other and further actions, as may be necessary and proper to
carry out the terms of the Agreement.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of La Quinta held this 5th day of August, 2014, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
____________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
________________________________
, City Attorney
WILLIAM H. IHRKE
City of La Quinta, California
32
33
34
35
36
37
38
39
40
41
42
43
44
19. MISCELLANEOUS.
19.1 Assignment. This Agreement shall be binding upon and shall inure to the benefit
of Buyer and Seller and their respective heirs, personal representatives, successors and assigns.
Neither party to this Agreement may assign this Agreement or any interest or right hereunder or
under the Escrow without the prior written consent and approval of the other party, which
consent and approval shall not be unreasonably withheld. No provision of this Agreement is
intended nor shall in any way be construed to benefit any party not a signatory hereto or to create
a third party beneficiary relationship.
19.2 Notices. All notices under this Agreement shall be effective upon personal
delivery, upon delivery by reputable overnight courier service that provides a receipt with the
date and time of delivery, or two (2) business days after deposit in the United States mail,
registered, certified, postage fully prepaid and addressed to the respective parties as set forth
below or as to such other address as the parties may from time to time designate in writing:
To Seller: William D. Richardson and Sharon Lynn Richardson
81369 Avenida Sombra
Indio, CA 92203-7554
To Buyer: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
Copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92628-1950
Attn: M. Katherine Jenson, Esq.
19.3 Fair Meaning. This Agreement shall be construed according to its fair meaning
and as if prepared by both parties hereto.
19.4 Headings. The headings at the beginning of each numbered Section of this
Agreement are solely for the convenience of the parties hereto and are not a part of this
Agreement.
19.5 Choice of Laws; Litigation Matters. This Agreement shall be governed by the
internal laws of the State of California and any question arising hereunder shall be construed or
determined according to such law. The Superior Court of the State of California in and for the
County of Riverside, or such other appropriate court in such county, shall have exclusive
jurisdiction of any litigation between the parties concerning this Agreement. Service of process
on Buyer shall be made in accordance with California law. Service of process on Seller shall be
made in any manner permitted by California law and shall be effective whether served inside or
outside California.
882/015610-0046
7101.504.1 x06/10/14 -10-
46
47
48
49
50
51
52
53
54
55
56
57
58
ATTACHMENT 1
MATAUG ELLAC
ALA
RDBU
LCTRESED
60
CITY MEETING DATE: August 5, 2014
ITEM TITLE: APPROVE DEMAND REGISTERS DATED
JULY 1 1 , JULY 17, AND JULY 18, 2014
AGENDA CATEGORY:
BUSINESS SESSION:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve Demand Registers dated July 11, July 17, and July 18, 2014.
EXECUTIVE SUMMARY:
None.
FISCAL IMPACT:
Demand of Cash: -- City $ 1,972,003.11
-- Successor Agency of RDA $ 5,914.00
-- Housing Authority $ 4,590.00
-- Housing Authority Commission $ 0.00
BACKGROUND/ANALYSIS:
Between City Council meetings, there is a need to pay routine bills in order to avoid
late fees being charged to the City, as well as payroll and related payroll taxes. These
items are listed below:
Warrants Issued:
103764 - 1038101
103811 - 1038151
103816 - 1038941
Voids}
Wire Transfers}
Payroll 36983 - 369881
Payroll Tax Transfers}
$ 274,338.08
$ 13,178.27
$ 1,305,012.53
$ 0.00
$ 206,722.14
$ 145,563.88
$ 37,692.21
$ 1,982,507.11
C.1
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
CITY MEETING DATE: August 5, 2014
ITEM TITLE: ACCEPT PLANNING COMMISSION
DECISION TO APPROVE CONDITIONAL USE AND
SITE DEVELOPMENT PERMITS FOR THE CHATEAU
AT LAKE LA QUINTA EXPANSION
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 6
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Accept the Planning Commission decision approving Conditional Use Permit 1995-
020, Amendment 1, and Site Development Permit 2013-931, subject to conditions as
adopted under Planning Commission Resolution Nos. 2014-016 and 2016-017,
respectively, for the Chateau at Lake La Quinta Expansion.
EXECUTIVE SUMMARY:
On July 8, 2014, the Planning Commission (PC) conducted a public hearing to
consider permits necessary for the Chateau at Lake La Quinta to expand its
operations from 11 to 24 rooms (see Attachment 1). Both permits were
unanimously approved.
The PC, parking, and
compatibility with surrounding residential uses.
One Lake La Quinta resident spoke in favor of the project during the public
hearing. There were no comments, verbal or written, in opposition.
Per the La Quinta Municipal Code, City Council approval is required for any PC
action approving multi-story commercial buildings adjacent to residential
properties. The expansion affects the existing one-story north wing of the
building, and involves adding six rooms in a new second floor.
FISCAL IMPACT:
None.
BACKGROUND & ANALYSIS:
The 0.96-acre property, located at Caleo Bay Drive (see Attachment 2), was
79
developed in 1995 as a bed and breakfast, which included 11 guest rooms and an
. The current owner wishes to renovate a portion of the existing
garage structure and add 13 rooms for a total of 24. Site Plans (Attachment 3)
indicate additional parking spaces and certain landscaping modifications. A revised
parking area will provide 24 of the 27 spaces required to accommodate the new
rooms. The remaining three spaces will be located at the La Quinta Memory Care; the
applicant has entered into a parking agreement with La Quinta Memory Care to use
their excess parking stalls, which will be accessed and secured as part of a valet
service.
The north wing of the existing single-story building will be remodeled (this wing was
the ). The first floor will be converted into seven
guest suites, and a second floor will be constructed and improved with six guest
suites. The remodeled building will embrace the architectural theme of the existing
buildings.
The lakefront area will be reconfigured to incorporate a terraced design, stairways and
a decomposed granite path that will connect the upper and lower areas. The main
entry and parking area landscaping will be refreshed by replacing the seven African
Sumac trees and adding six Honey Mesquites. The plant pallet incorporates species
compatible with the southwestern desert, and consistent with existing project
landscaping.
ENVIRONMENTAL REVIEW:
The PC determined that this project is exempt from environmental review.
PUBLIC REVIEW:
The PC was advertised in Sgd Cdrdqs Rtm newspaper on June 27,
2014, and notice was mailed to all property owners within 500 feet of the site,
including the Lake La Quinta Homeowners Association. No comments, other than one
supporting comment from a Lake La Quinta resident at the public hearing, were
received. The appeal period ended on July 23, 2014, with no filing or inquiry.
PLANNING COMMISSION ACTION:
On July 8, 2014, the PC voted 3-0 (Commissioners Wright and Wilkinson absent) to
approve the project applications (Attachment 4). Several questions were posed by PC
members and addressed by either staff or the applicant.
ALTERNATIVES:
City Council may remand the item to the PC with specific direction, or remove it from
the consent calendar. Should the item be removed from the consent calendar, the
permit must be noticed for public hearing before the City Council.
80
Report prepared by: Wallace Nesbit, Principal Planner
Report approved for submission by: Les Johnson, Community Development Director
Attachments: 1. Project Information
2. Project Area Map
3. Site Development Permit Plan Set
4. Planning Commission July 8, 2014, Resolutions and Minutes
81
82
ATTACHMENT 1
83
84
ATTACHMENT 2
Project
CONDITIONAL USE PERMIT 95-020, AMEND. #1
NORTH
Area
SITE DEVELOPMENT PERMIT 2013-931
Map
THE CHATEAU EXPANSION
85
86
ATTACHMENT 3
93
94
ATTACHMENT 4
Sgd Cdrdqs Rtm
99
100
101
102
PLANNING COMMISSION RESOLUTION 2014 - 016
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
CONDITIONAL USE PERMIT 1995-020, AMENDMENT 1
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
PAGE 1 OF 2
103
PLANNING COMMISSION RESOLUTION 2014 - 016
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
CONDITIONAL USE PERMIT 1995-020, AMENDMENT 1
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
PAGE 2 OF 2
104
sgd Cdrdqs Rtm
105
106
107
108
OK@MMHMF BNLLRRHNM QDRNKTSHNM 1/03 ũ /06
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
SITE DEVELOPMENT PERMIT 2013-931
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
Page 1 of 15
109
OK@MMHMF BNLLRRHNM QDRNKTSHNM 1/03 ũ /06
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
SITE DEVELOPMENT PERMIT 2013-931
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
Page 2 of 15
110
OK@MMHMF BNLLRRHNM QDRNKTSHNM 1/03 ũ /06
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
SITE DEVELOPMENT PERMIT 2013-931
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
Page 3 of 15
111
OK@MMHMF BNLLRRHNM QDRNKTSHNM 1/03 ũ /06
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
SITE DEVELOPMENT PERMIT 2013-931
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
Page 4 of 15
112
OK@MMHMF BNLLRRHNM QDRNKTSHNM 1/03 ũ /06
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
SITE DEVELOPMENT PERMIT 2013-931
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
Page 5 of 15
113
OK@MMHMF BNLLRRHNM QDRNKTSHNM 1/03 ũ /06
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
SITE DEVELOPMENT PERMIT 2013-931
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
Page 6 of 15
114
OK@MMHMF BNLLRRHNM QDRNKTSHNM 1/03 ũ /06
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
SITE DEVELOPMENT PERMIT 2013-931
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
Page 7 of 15
115
OK@MMHMF BNLLRRHNM QDRNKTSHNM 1/03 ũ /06
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
SITE DEVELOPMENT PERMIT 2013-931
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
Page 8 of 15
116
OK@MMHMF BNLLRRHNM QDRNKTSHNM 1/03 ũ /06
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
SITE DEVELOPMENT PERMIT 2013-931
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
Page 9 of 15
117
OK@MMHMF BNLLRRHNM QDRNKTSHNM 1/03 ũ /06
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
SITE DEVELOPMENT PERMIT 2013-931
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
Page 10 of 15
118
OK@MMHMF BNLLRRHNM QDRNKTSHNM 1/03 ũ /06
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
SITE DEVELOPMENT PERMIT 2013-931
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
Page 11 of 15
119
OK@MMHMF BNLLRRHNM QDRNKTSHNM 1/03 ũ /06
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
SITE DEVELOPMENT PERMIT 2013-931
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
Page 12 of 15
120
OK@MMHMF BNLLRRHNM QDRNKTSHNM 1/03 ũ /06
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
SITE DEVELOPMENT PERMIT 2013-931
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
Page 13 of 15
121
OK@MMHMF BNLLRRHNM QDRNKTSHNM 1/03 ũ /06
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
SITE DEVELOPMENT PERMIT 2013-931
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
Page 14 of 15
122
OK@MMHMF BNLLRRHNM QDRNKTSHNM 1/03 ũ /06
BNMCHSHNMR NE @OOQNU@K ũ @CNOSDC
SITE DEVELOPMENT PERMIT 2013-931
THE CHATEAU AT LAKE LA QUINTA
APPLICANT: JON LEGARZA
JULY 8, 2014
Page 15 of 15
123
124
PLANNING COMMISSION
MINUTES
TUESDAY, JULY 8, 2014
CALL TO ORDER
APPOINTMENT OF OFFICERS
PUBLIC COMMENT
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
125
PUBLIC HEARINGS
BUSINESS SESSION
126
CORRESPONDENCE AND WRITTEN MATERIAL
COMMISSIONER ITEMS
CHQDBSNQŬR HSDLR
ADJOURNMENT
127
128
CITY MEETING DATE: August 5, 2014
ITEM TITLE: ADOPT RESOLUTION TO APPROVE
REVISED PERSONNEL POLICY, NEW
CLASSIFICATION SPECIFICATIONS, AND
AUTHORIZED POSITIONS — SALARY RATINGS
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 7
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Adopt a Resolution approving revisions to the Personnel Policy, new Classification
Specifications and the Fiscal Year 2014/15 Authorized Positions -Salary Ratings.
EXECUTIVE SUMMARY:
• The City agreed to revise the Personnel Policy following approval of the current
Memorandum of Understanding (MOU) with the La Quinta City Employees
Association (LQCEA) on July 1, 2014.
• The new Classification Specifications initially prepared by Fox Lawson &
Associates and subsequently revised by the City, reflect broad band
classifications and will take the place of the City's existing job descriptions.
• The Fiscal Year (FY) 2014/15 Authorized Positions -Salary Ratings (Attachment
1) are reflective of the new Classification Specifications and Salary Ratings.
• Due to the voluminous nature of the documents (approximately 200 pages
total), copies of the full red -lined version of the Personnel Policy, as well as all
of the Classification Specifications are available for review in both the City
Clerk's and City Manager's Office.
FISCAL IMPACT:
There are no fiscal impacts associated with the actions requested herein.
IW1
BACKGROUND/ANALYSIS:
The City and LQCEA met and conferred on matters relating to employment conditions
and employer/employee relations including extensive revisions to the Personnel
Policies. These discussions resulted in implementation of a new classification and
compensation system and policy revisions. Further, the City Council approved
reclassifying three positons as part of the FY 2014/15 budget. Adoption of the
changes to job descriptions and revisions to policies concludes the meet and confer
process and labor negotiations for the current fiscal year. The revisions include the
following:
Section 1.25 DEFINITION OF TERMS — Adding definitions associated with the
Decision Band Method of evaluating jobs, pay for performance system, and
performance evaluation ratings.
Section 1.65 DRUG AND ALCOHOL FREE WORKPLACE — Changes associated with
medical marijuana card use regulations. The added language clarifies that mere
possession of a medical marijuana card or cannabis prescription does not allow
an employee to use or possess any cannabis products on City property, while
working as an employee, or while "on call" and subject to return to work, since
the Federal government still classifies cannabis as an illegal drug.
Section 1.80 EQUAL EMPLOYMENT, SEXUAL HARASSMENT, HOSTILE WORK
ENVIRONMENT AND ANTI -BULLYING POLICY — Revisions to harassment policy
adding anti -bullying language, and revisions to wording of protected classes
group.
Section 1.98 CELL PHONE USE POLICY — The City is moving away from City supplied
cell phones to employee owned phones. With this change, stipends would be
provided to those employees who are required to use their phones for City
business. The cost of supplying the City stipend for employee -owned phones
is estimated to be no higher than the annual operating costs of supplying City -
owned phones, and is actually expected to save the City money since
replacement costs will now be the responsibility of the owner of the phone.
The revisions address eligibility, stipend guidelines, funding and equipment
purchase, employees' rights and responsibilities, subpoenas and Public Records
Requests.
Section 1.99 COMPUTER LOAN PROGRAM — The previous policy, which has been a
stand-alone policy until now, has been added to the Personnel Policy as a new
section. Changes include modification to the scope of purchase and selection
process requirements to lessen restrictions and adding clarifying language that
strictly prohibits the return of merchandise purchased under this program for a
cash refund or exchange for other than items permitted by the policy.
1161
Section 2.0 CLASSIFICATION AND SALARY PLAN — Revisions regarding purpose,
preparation and amendment of Classification Plan, which lays the groundwork
upon which the pay for performance system is built, highlighting the
importance the City places on recognizing and rewarding employees for work
performance instead of longevity; Classification Specifications (based on
broader defined classes, comprised of bands of positions, which perform similar
bodies of work); and preparation and adoption of Salary Plan, which now
identifies as its basis both internal equity and external equity across public and
private sectors that rewards employees who perform at above -standard levels.
Section 3.10 PROBATIONARY APPOINTMENTS — Reducing probationary period to 6
months with the option to extend for up to another 6 months at Department
Director's discretion. The current probationary period is 12 months. The City
is moving all employees to the same annual evaluation schedule to more
equitably evaluate work performance of all employees simultaneously. A 6 -
month probationary period better supports this rationale.
Section 3.50 RECLASSIFICATION — Review to occur periodically, or as individually
requested, as opposed to annually.
Section 3.55 LAYOFFS/REDUCTION-IN-FORCE/RECALL —The order of layoff is based
on an employee's 1) last 2 years' performance evaluations, 2) disciplinary actions for
preceding 24 months, and 3) seniority. Clarification has been added to the policy
outlining the criteria used to rank and compare performance evaluations between
employees, as well as criteria for ranking and evaluating evaluations performed by
different supervisors for the same employee.
Section 5.0 COMPENSATION AND EVALUATION —Changes reflective of new
terminology associated with the pay for performance system; performance
evaluation methodology and schedule changes.
Section 5.20 BILINGUAL COMPENSATION — Bilingual testing needed only once as
opposed to one every two years.
Section 7.31 TRANSITIONAL (TEMPORARY) RETURN TO WORK PROGRAM —
Updates recommended by California Joint Powers Insurance Authority, which
clarify and simplify the procedures and responsibilities for both employee and
employer in returning an employee to partial duty following an industrial injury
or approved leave of absence.
Section 14.30 ADMINISTRATIVE LEAVE — Clarified requirement of the Fair Labor
Standards Act (FLSA) exemption for employee eligibility for administrative
leave. The previous verbiage was unclear as to what criteria should be used
IN
to classify any given position as eligible for administrative leave. The added
language clarifies that only those positions classified as FLSA exempt are
eligible for administrative leave.
Section 14.35 OVERTIME COMPENSATION — Standby pay criteria clarified to deem
an employee ineligible for standby pay on days for which s/he is not available
to report to duty.
The new Classification Specifications have been reviewed by each employee, their
supervisor, and Human Resources to ensure consistency, accuracy, and
completeness. While each specification contains a description of the common broad
body of work for that Classification, there are also "Position Specific Responsibilities"
for most positions contained in the Classification. A sample of the Manager
Classification Specification is provided as Attachment 2 and is representative of the
format and layout for all new Classification Specifications.
The FY 2014/15 Authorized Positions -Salary Ratings have been revised to show the
Classification Specification, working title, and Decision Band Method salary rating for
each position. As mentioned, copies of the revisions to the Personnel Policy, as well
as the Classification Specifications, are available in both the City Clerk's and City
Manager's Office. Once finalized and approved, they will be placed on the City's
website.
ALTERNATIVES:
The City and Association have worked diligently and collaboratively to revise the
Personnel Policies and Classification Specifications to their mutual satisfaction.
Approval and adoption of the policy revisions and Classification Specifications will
allow the City to move forward with the Pay for Performance Classification and
Compensation System already adopted by Council. Staff does not recommend any
alternatives.
Report prepared by: Terry Deeringer, Human Resources/Risk Manager
Report approved for submission by: Frank J. Spevacek, City Manager
Attachments: 1. 2014/2015 Authorized Positions — Salary Ratings
2. Sample Manager Classification Specification
119
RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, APPROVING AND
ADOPTING REVISIONS TO THE PERSONNEL
POLICIES, CLASSIFICATION SPECIFICATIONS, AND
@TSGNQHYDC ONRHSHNMR ũ R@K@QX Q@SHMFR ENQ
FISCAL YEAR 2014-2015
WHEREAS
WHEREAS
NOW, THEREFORE, BE IT RESOLVED
PASSED, APPROVED,ADOPTED
Q
AYES:
NOES:
ABSENT:
ABSTAIN:
133
Resolution No. 2014-
Adoption of Personnel Policy Revisions, Classification Specifications
& Authorized Positions-Salary Ratings for FY 2014-15
Adopted: August 5, 2014
Page of 2
2
ATTEST:
APPROVED AS TO FORM:
134
EXHIBITA
CITY OF LA QUINTA
PERSONNEL POLICIES
AND PROCEDURES
Amended: November 2000
July 2003
January 2007
October 2007
April 2008
July 2009
June 2010
July 2011
July 2012
July 2014
135
GENERAL PROVISIONS 6
SECTION 1:
1.05 PURPOSE 6
1.10 APPLICATION AND EXCEPTIONS 6
1.15 VALIDITY OF POLICIES (SEVERABILITY) 7
1.20 VIOLATION OF POLICIES 7
1.25 DEFINITION OF TERMS 7
1.30 NO CONTRACT OF EMPLOYMENT CREATED 14
1.35 ADMINISTRATION OF THE PERSONNEL SYSTEM 14
1.40 CONFLICTS OF INTEREST AND ACCEPTANCE OF GIFTS AND OTHER
GRATUITIES 15
1.45 OUTSIDE EMPLOYMENT 15
1.50 POLITICAL ACTIVITIES 17
1.55 SAFETY AND HEALTH 17
1.60 VEHICLE AND SEATBELT POLICY 17
1.65 DRUG AND ALCOHOL FREE WORKPLACE: 18
1.70 DRUG AND ALCOHOL FREE WORKPLACE - PROHIBITED CONDUCT 20
1.75 DEPARTMENT OF TRANSPORTATION ALCOHOL AND DRUG ABUSE 21
1.80 EQUAL EMPLOYMENT, HARASSMENT, HOSTILE WORK ENVIRONMENT AND
ANTI-BULLYING POLICY 29
1.85 WORKPLACE VIOLENCE 31
1.90 SMOKING POLICY 32
1.95 DRESS CODE 32
1.96 USE OF ELECTRONIC EQUIPMENT AND SYSTEMS 32
1.97 FRAUD IN THE WORKPLACE POLICY 37
1.98 CELL PHONE USE POLICY 42
1.99 COMPUTER LOAN PROGRAM 47
SECTION 2: CLASSIFICATION AND SALARY PLAN 48
2.05 PREPARATION AND AMENDMENT OF CLASSIFICATION PLAN 48
2.10 ALLOCATED POSITIONS 48
2.15 NEW POSITIONS 48
2.20 CLASSIFICATION SPECIFICATIONS 49
2.25 PREPARATION AND ADOPTION OF SALARY PLAN 49
2.30 APPROPRIATE SALARY 49
2.35 BENEFIT PLAN 49
SECTION 3: TYPES OF APPOINTMENTS 50
3.05 TYPES OF APPOINTMENTS 50
3.10 PROBATIONARY APPOINTMENTS 50
3.15 FULL-TIME APPOINTMENT 50
-2-
Rev. July 24, 2014
136
3.20 EMERGENCY APPOINTMENTS 50
3.25 INTERIM APPOINTMENTS 51
3.30 WORKING OUT OF CLASS 51
3.35 TRANSFER 52
3.40 PROMOTION 53
3.45 DEMOTION 54
3.50 RECLASSIFICATION 54
3.55 LAYOFFS/REDUCTION-IN-FORCE/RECALL 56
SECTION 4: RECRUITMENT AND SELECTION 59
4.05 EQUAL EMPLOYMENT GOALS AND POLICIES 59
4.10 PERSONNEL REQUESTS 59
4.15 JOB ANNOUNCEMENTS 59
4.20 PERSONNEL APPLICATIONS 60
4.25 DISQUALIFICATION OF APPLICATIONS 60
4.30 RECRUITMENT 61
4.35 EVALUATION OF APPLICATIONS 61
4.40 CANDIDATES' EXAMINATION INSPECTION 62
4.45 NEPOTISM POLICY 62
4.50 DRIVING SAFETY CHECK 64
4.55 ELIGIBILITY LISTS 64
4.60 FINAL DECISIONS OF SELECTION 65
4.65 PRE-EMPLOYMENT PHYSICAL 65
4.70 EMPLOYMENT ELIGIBILITY VERIFICATION 66
4.75 PROBATIONARY PERIOD 66
4.80 CRIMINAL CONDUCT - INELIGIBILITY FOR EMPLOYMENT 66
4.85 RESIGNATION 66
SECTION 5: COMPENSATION AND EVALUATION 67
5.05 SALARY AT APPOINTMENT 67
5.06 MARKET PREMIUM PAY 67
5.07 RECRUITMENT AND/OR RETENTION INCENTIVES 67
5.10 EMPLOYEE PERFORMANCE EVALUATION 67
5.15 PROGRESSION BASED ON SUCCESSFUL PERFORMANCE 69
5.20 BILINGUAL COMPENSATION 70
SECTION 6: ATTENDANCE AND HOURS OF WORK 72
6.05 WORK WEEK AND OVERTIME 72
6.10 NO GUARANTEE OF HOURS 72
6.15 STAND-BY AND CALL-BACK POLICY 73
6.20 TIME SHEETS 73
-3-
Rev. July 24, 2014
137
6.25 ABANDONMENT OF EMPLOYMENT 73
6.30 LUNCH AND BREAK POLICY 73
LEAVES
SECTION 7: 74
7.05 JURY DUTY AND WITNESS LEAVE 74
7.10 PREGNANCY DISABILITY LEAVE 74
7.15 MILITARY LEAVE 75
7.20 LEAVE OF ABSENCE WITHOUT PAY 76
7.25 FAMILY AND MEDICAL LEAVE 77
7.30 ON-THE-JOB-INJURIES AND WORKERS' COMPENSATION COVERAGE 83
7.31 TRANSITIONAL (TEMPORARY) RETURN TO WORK PROGRAM 86
7.35 DISABILITY LEAVE 87
SECTION 8: CONDUCT AND DISCIPLINARY GUIDELINES 89
8.05 GROUNDS FOR DISCIPLINARY ACTION 89
SECTION 9: DISCIPLINARY ACTIONS 92
9.05 DEFINITION OF DISCIPLINARY ACTION 92
9.10 INFORMAL DISCUSSION 92
9.15 FORMAL WARNING 92
9.20 WRITTEN REPRIMAND 92
9.25 DISCIPLINARY SUSPENSION 92
9.30 REDUCTION IN PAY 93
9.35 DEMOTION 93
9.40 DISCHARGE 93
9.45 DOCUMENTATION OF DISCIPLINARY ACTION 93
SECTION 10: DISCIPLINARY PROCEDURES 94
10.05 ADMINISTRATIVE REASSIGNMENT WITH PAY 94
10.10 DISCIPLINARY ACTION SUBJECT TO SKELLY PROCEDURE 94
10.15 APPEAL OF DEPARTMENT DIRECTOR'S DECISION 95
10.20 AMENDED NOTICE OF DISCIPLINARY ACTION 95
SECTION 11: APPEAL HEARING PROCESS 96
11.05 HEARING OFFICER 96
11.10 REQUEST FOR APPEAL 96
11.15 ANSWER 96
11.20 TIME FOR HEARING 96
11.25 NOTICE OF HEARING 96
11.30 PRE-HEARING MEETING 97
11.35 WITNESS LIST AND SUBPOENAS 97
11.40 NATURE OF HEARING 97
11.45 EXCLUSION OF WITNESSES 98
-4-
Rev. July 24, 2014
138
11.50 PROPOSED FINDINGS OF FACT 98
11.55 OFFICIAL/JUDICIAL NOTICE 98
11.60 ORDER OF PROOF AT HEARING 98
11.65 FINDINGS OF FACT & RECOMMENDATIONS TO THE CITY MANAGER 98
11.70 DISPOSITION OF APPEAL 98
11.75 BURDEN OF PROOF 99
11.80 WITHDRAWAL OF AN APPEAL 99
GRIEVANCES
SECTION 12: 100
12.05 MATTERS SUBJECT TO GRIEVANCE PROCEDURES 100
12.10 MATTERS NOT SUBJECT TO GRIEVANCE PROCEDURES 100
12.15 FREEDOM FROM REPRISAL 101
12.20 RESOLUTION 101
12.25 WITHDRAWAL 101
12.30 RESUBMISSION 101
12.35 EMPLOYEE REPRESENTATION 101
12.40 OBEY NOW/GRIEVE LATER 101
12.45 INITIATION OF GRIEVANCE PROCEDURE 101
12.50 INFORMAL GRIEVANCE PROCEDURE 101
12.55 FORMAL GRIEVANCE PROCEDURE 102
SECTION 13: EMPLOYEE RECORDS AND FILES 103
13.05 PERSONNEL FILES 103
13.10 DOCUMENTS IN PERSONNEL FILES 103
13.15 DISCLOSURE OF INFORMATION 104
13.20 CHANGE IN STATUS 104
13.25 APPLICATION RETENTION 104
13.30 DESTRUCTION OF PERSONNEL RECORDS 104
SECTION 14: EMPLOYEE BENEFIT PLAN 105
14.05 HEALTH, DENTAL, VISION AND LIFE INSURANCE BENEFITS 105
14.10 HOLIDAYS 105
14.15 VACATION LEAVE 106
14.20 SICK LEAVE 110
14.21 KIN CARE LEAVE 112
14.25 BEREAVEMENT LEAVE 113
14.30 ADMINISTRATIVE LEAVE 113
14.35 OVERTIME COMPENSATION 115
SECTION 15: TRAINING AND TRAVEL 117
15.05 TRAINING 117
15.10 IN-HOUSE TRAINING 117
-5-
Rev. July 24, 2014
139
15.15 DEPARTMENT TRAINING 117
15.20 SEMINARS AND CONFERENCES 117
15.25 TUITION REIMBURSEMENT 117
15.30 TRAINING AND TRAVEL REIMBURSEMENT 118
15.31 TRAVEL AND EXPENSE POLICY 119
-6-
Rev. July 24, 2014
140
(Last Update July, 2014)
SECTION 1: GENERAL PROVISIONS
1.05 PURPOSE: The purpose of these Policies and Procedures is to establish systematic and
uniform procedures for handling personnel matters.
1.10 APPLICATION AND EXCEPTIONS:
1.10.1 These Policies shall apply to all offices, positions, and employments in the service of the
City, as defined in Section 1.25 of these Policies, with the exception of the following:
A. Members of the City Council and other elected officials (except for Sections 2.35
and 14.05.)
B. Members of commissions and advisory bodies appointed by the City Council or
City Manager.
C. Direct appointees of the City Council, including the City Manager and City
Attorney. A regular employee who also holds the position of City Treasurer shall not be
excluded from the Policies, unless the employee has entered into an employment
agreement pursuant to sub-section “F” herein.
D. Volunteer personnel who provide services to the City without receiving
compensation (although such persons may receive reimbursement for actual expenses
incurred in the service of the City).
E. Outside and independent contractors, engaged to provide expert, professional,
technical or other services.
F. Regular employees who have entered into a written employment agreement with
the City, unless otherwise specified in the employment agreement.
1.10.2 These Policies, with the exception of Sections 8 through 12 inclusive, shall apply to the
following employees, who serve at the pleasure of their respective appointing authorities and are
considered “at will” employees:
A. Emergency employees, such as those hired to meet immediate needs of an
emergency condition (i.e. fire, flood, or earthquake) which threatens life or property.
B. Employees who are considered temporary or seasonal.
C. Other non-career employees who are not specifically mentioned in Section 1.10.1
of these Personnel Policies.
D. Probationary Employees.
-7-
Rev. July 2014
141
1.15 VALIDITY OF POLICIES (SEVERABILITY): If any section, subsection, sentence,
clause, phrase or portion of these Policies is for any reason held to be invalid or unconstitutional
by the final decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of these Policies. The City Council of La Quinta hereby
declares that it would have adopted these Policies and each section, subsection, sentence, clause,
phrase, or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases or portions may be declared invalid or unconstitutional.
1.20 VIOLATION OF POLICIES: Violation of these Policies may be grounds of discharge or
other disciplinary action, subject to the applicable appeals procedure provided herein.
1.25 DEFINITION OF TERMS: All words and terms used in these Policies and in any
ordinance or any resolution dealing with Personnel Policies and Regulations shall be defined as
they are normally and generally defined in the field of personnel administration. For the purpose
of convenience, the following words and terms most commonly used are defined.
1.25.1 Appointing Authority: The Employee Relations Officer or designee who, in his or her
official capacity, has the final authority to appoint a person to a position of employment.
1.25.2 Appointment: The designation of a person to fill a position of employment.
1.25.3 At-Will Employee: A temporary, probationary or contract employee who has a written
contract specifying the duties and terms of employment without a definite ending date. At-will
employees are not governed by the terms and conditions of Sections 8-12 of these Policies,
unless specifically provided herein.
1.25.4 Banding: The first step in the job evaluation process involving Banding each decision-
making duty according to the kind of decision required, into one of six (6) broad categories, as
follows:
Band A – Defined Decisions
Band B – Operational Decisions
Band C – Process Decisions
Band D – Interpretive Decisions
Band E – Programming Decisions
Band F – Policy Making Decisions
1.25.5 Call - Back: When an employee is off-duty and is called back to work.
1.25.6 City: The City of La Quinta.
1.25.7 City Manager: The City’s Chief Executive Officer.
1.25.8 Classification: A group of positions with similar jobs at a similar level of responsibility.
This is described by a Classification Specification, sometimes referred to as a job description.
1.25.9 Classification Plan: A listing of Classification Specifications of City positions, as
recommended by the Employee Relations Officer and adopted by the City Council.
- 8 -
Rev. July 2014
142
1.25.10 Classification Specification: A general description of a class of work, typically
including a general summary of the work, distinguishing characteristics of the class, essential
duties of the class, the knowledge and skills required at entry to the class, and any licensing,
educational or special physical requirements, sometimes referred to as a job description.
Classification Specifications are written summaries of work which provide a systematic method
of grouping positions with similar essential functions. They should include:
Description of the type and level of work;
Description of the characteristics which distinguish this class from others which may be
in the same occupation or at the same level of authority and responsibility; and
Information which indicates standards for recruiting and selecting staff, determining
appropriate pay, defining career growth opportunities,identifying performance
expectations and complying with the Americans with Disabilities Act (ADA).
1.25.11 Compensatory Time: Time accrued at time and a half or taken off from work with pay,
in lieu of paid overtime compensation.
1.25.12 Competitive Service: The employment system whereby City Employees are hired and
promoted through a competitive process based upon objective standards of merit to assure fair
consideration all aspects of employment/promotion.
1.25.13 Confidential Employee: An employee performing the duties of a position which is
designated as confidential by the City Council or designee.
1.25.14 Contractual Employee: An employee hired and paid pursuant to the terms and
conditions of a specified written contract between such employee and the City.
1.25.15 Days: Calendar days unless otherwise stated.
1.25.16 Decision Band Method (DBM): The job evaluation method chosen by the City for
classifying positions, based on the premise that the value of a job depends on its decision-making
requirements. Each position is assigned to a Band, Grade and Sub-grade, resulting in an alpha-
numeric rating which determines the appropriate salary range for each position.
1.25.17 Decision Band Method (DBM) Ratings: DBM ratings are ratings assigned to all levels
within each classification, first by Band, then Grade, and finally Sub-grade. This step-by-step
refining process permits the City to assign a job clearly and to justify the differences between
various jobs, taking into account factors such as skill, effort, responsibility and working
conditions. The ratings are the basis upon which the Salary Structure is built.
1.25.18 Demotion: The voluntary or involuntary transfer of an employee from one classification
to another classification with a lower salary grade or to a lower step in a classification grade or
hierarchy of positions.
1.25.19 Department Director: One who functions directly under the authority of the City
Manager, has direct responsibility for a particular department, and manages its staff, policies and
budget.
- 9 -
Rev. July 2014
143
1.25.20 Dependent Care: The term “dependent” as it relates to dependent care in the City’s Sick
Leave Policy (Section 14.20), is limited to the following: an employee’s child, parent, spouse or
registered domestic partner.
1.25.21 Disciplinary Action: The discharge, demotion, reduction of pay, suspension, placing on
probation, or the issuance of a written reprimand or formal warning or any other action for
punitive, corrective or disciplinary reasons.
1.25.22 Disciplinary Suspension: A disciplinary action that temporarily relieves an employee
from duty without pay.
1.25.23 Dismissal: The discharge of an employee from City employment.
1.25.24 Eligibility List: A list of all persons eligible for appointment to a particular classification
after final testing/interviews as determined by the Employee Relations Officer.
1.25.25 Emergency Appointment: An appointment made to meet immediate requirements of an
emergency condition, such as fire, flood or earthquake, which threatens life or property, where
such employment is not anticipated to endure beyond the duration of such an emergency period.
1.25.26 Employee: An elected or appointed person occupying a position in the City
employment, including City Council Members, providing personal services to the City or its
residents. This excludes independent and outside contractors, commissioners, members of
advisory boards, and volunteers, and temporary agency employees.
1.25.27 Employee Assistance Program: (EAP) A confidential assessment and referral service
designed to assist employees in resolving personal problems.
1.25.28 Employee Relations Officer: City Manager or any individual designated by the City
Manager, to administer the City’s personnel system which includes the duties of equal
employment opportunity officer.
1.25.29 Exceptional Performance Award: Exceptional performance awards should be based
solely on performance that exceeds defined standards or expectations for incumbents in the job
class. Exceptional performance awards shall be granted as a monetary award.
1.25.30 Executive Management: Department Directors and those who qualify for executive
exemption under FLSA.
1.25.31 Fair Labor Standards Act (FLSA): The Federal Law which guarantees employees
certain minimum wages and time and one-half overtime standards.
1.25.32 Fiscal Year: A twelve (12) month period from July 1 to June 30 in which the City plans,
budgets, appropriates, and expends its funds.
- 10 -
Rev. July 2014
144
1.25.33 Full-time Employee: An employee who is regularly scheduled and expected to work
forty (40) hours or more during a work week (or those employees participating in the Alternate
Work Week Schedule).
1.25.34 General Non-Exempt Employee: An employee who is not exempt from the pay and
overtime provisions of FLSA.
1.25.35 Grading: The second step in the evaluation process designed to classify the jobs
according to the difficulty and effort involved in the supervisory responsibilities, if any. Jobs that
require the incumbent to supervise or monitor other jobs assigned to the same Band (except Band
A jobs) are assigned to the higher(coordinating) of the two Grades within the Band to which
his/her job has been assigned. Jobs that do not supervise or monitor other jobs at the same Band,
but may supervise or monitor jobs at the next lower Band are assigned to the lower of the two
grades (except Band A jobs).
1.25.36 Grievance: A job-related complaint by an employee regarding the terms and conditions
of employment which arise out of a specific fact, situation, or transaction, other than discipline,
that results in an alleged violation of existing ordinances, rules, regulations or policies
administered by the employee’s Department Director concerning wages, hours, other terms and
conditions of employment.
1.25.37 Hearing Officer: An outside, independent person qualified to conduct an appeal hearing
on personnel-related matters, excluding grievances.
1.25.38 In-House Competitive Examination: A type of examination open only to City
employees meeting the minimum qualifications for a particular classification.
1.25.39 Interim Employee: An employee who is appointed to a regular classification on an
acting or temporary basis pending completion of the recruitment process, issuance of an
eligibility list, and filling the classification.
1.25.40 Job Audit: A systematic analysis of the duties performed by an employee to determine
whether the duties are appropriate for the classification.
1.25.41 Leave of Absence Without Pay: A period of time during which an employee may take
time off without receiving compensation or benefits, unless otherwise stated in Section 7.20 of
these Policies.
1.25.42 Merit Salary Increase: The increase of an employee’s salary within the salary range
established for the classification the employee occupies, resulting from successful job
performance, which is based on the overall rating received on the annual performance
evaluation.
1.25.43 Misconduct: Any act or unsatisfactory conduct or job performance which may be
subject to disciplinary action.
1.25.44 Open Competitive Examination: A type of examination open to all persons meeting the
minimum qualifications for a particular position.
- 11 -
Rev. July 2014
145
1.25.45 Overtime: The time which an employee is required or permitted to work beyond the
number of hours prescribed for a full-time employee in that classification in excess of forty (40)
in one work week. Overtime compensation, taken as paid time or as compensatory time, shall be
authorized as provided in Section 6.05.
1.25.46 Part-time Employee: The City has two (2) types of part-time employees: regular part-
time and seasonal or temporary.
A. Regular Part-Time Employee: An employee who works less than forty (40)
scheduled hours per week on a permanent basis (excluding those regular full-time
employees participating in the Alternate Work Week Schedule).
B. Temporary or Seasonal Employee: An employee, other than a contract employee
whose position has specified beginning and ending dates of employment.
1.25.47 Permanent Disability: A medical disability which will indefinitely prevent the employee
from performing the employee’s job duties without creating unreasonable endangerment to
health and safety or inefficiency of the employee or others.
1.25.48 Personnel Ordinance: Chapter 2.08.060 of the City’s Municipal Code, authorizing the
establishment of a personnel system for the City.
1.25.49 Position: A specific job assigned to a job classification.
1.25.50 Probationary Employee: An employee who is serving a probationary period for the
position and/or class in which the employee is currently employed. A probationary employee is
subject to dismissal without recourse to any appeal procedures and without a showing of cause.
A probationary employee has no property interest in continuing employment.
1.25.51 Probationary Period (for initial hire or promotion): A working test period of not less
than six (6) months (unless extended). The six month probation period is calculated as six
months after the same day of the month as the date of hire or promotion, (i.e., if hired or
promoted January 15, probation period expires July 15). To be considered an integral part of the
examination process during which an employee is required to demonstrate fitness for the position
to which the employee is appointed by actual performance of the duties of the position.
1.25.52 Professional/Administrative/Management Employee: An employee who qualifies for the
executive (Professional/Administrative/Management) exemption under FLSA.
1.25.53 Promotion: The advancement of an employee from one classification to another
classification having a higher salary range.
1.25.54 Reclassification: The reassignment from one classification title to a different
classification title in accordance with an evaluation of the minimum qualifications, duties, and
responsibilities of the position in question.
1.25.55 Reduction-In-Force (RIF): A layoff in the work force.
- 12 -
Rev. July 2014
146
1.25.56 Regular Employee: A full or part-time employee hired for an indefinite term into
allocated position, who has successfully completed the employee’s probationary period, and has
been retained as provided in these Policies.
1.25.57 Relative: (or “immediate family member” used for determining eligibility for
bereavement leave under Section 14.25 of these policies): A spouse, child, step-child, legal
guardian, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle,
niece, nephew, first cousin, parent-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-
law, or any other person or individual related by blood or marriage.
1.25.58 Resignation: The voluntary separation by an employee from City employment, or
abandonment of the job by employee.
1.25.59 Policies: These Personnel Policies, as they may be amended from time to time.
1.25.60 Salary Plan or Schedule: An annual listing of the minimum through maximum salary
grades of pay for all defined City classifications, as prepared by the Employee Relations Officer
and adopted by the City Council.
1.25.61 Salary Range: The range of pay an employee can earn while employed in a particular
classification.
1.25.62 Seniority: The length of an employee’s continuous service with the City.
1.25.63 Skelly Rights: The right of due process including: (1) notice of the proposed
disciplinary action, (2) a copy of materials on which the proposed action is based, and (3) an
opportunity to respond orally or in writing to an impartial reviewer prior to discipline being
imposed.
1.25.64 Staffing Plan: The classification titles, salary ratings and number of allocated positions
in a department or division for a designated fiscal year, as determined by the Employee Relations
Officer and adopted by City Council in the annual budget document.
1.25.65 Stand-By Assignment: Employees occupying a position designated as being scheduled
to be subject to being called back to work.
1.25.66 Standards of Conduct: Those Policies which are intended to govern the actions of City
employees during their course of employment with the City with respect to the employee’s
conduct and job performance.
1.25.67 Step: The various increments of a salary range, from minimum to job rate, authorized
for the subject classification.
1.25.68 Sub-grading: The final step in the job evaluation process that involves assessing the
relative difficulty, complexity, and skills required of the job in comparison to the other jobs
within the same Band and Grade. The following criteria are used to assist in determining the
relative difficulty between the decision making requirements of jobs being evaluated:
- 13 -
Rev. July 2014
147
• Time pressure
• Need for alertness
• Need for care and precision
• Essential skills and experience
1.25.69 Supervisor: An employee assigned responsibility for evaluation of permanently assigned
employees and for organizing, assigning and reviewing their work.
1.25.70 Termination: The separation of an employee from City service because of retirement,
resignation, permanent disability, death or dismissal.
1.25.71 Transfer: The change of an employee from one department or division to another
department or division without changing the employee’s salary grade and usually within the
same classification.
1.25.72 Weapons: Fire arms of any type; knives with folding blades in excess of 3-l/2 inches;
sheath knives; any knives prohibited by State Law; personal defense chemical weapons such as
(a) mace (tear gas) (b) oleoresin capsicum (pepper spray); any martial arts weapons; electric stun
guns (tasers); clubs, bats or other impact weapon.
1.25.73 Work week: A regularly reoccurring period of seven (7) consecutive twenty-four (24)
hour days beginning at 12:01 a.m. on Monday and concluding at 12:00 p.m. (Midnight) the
following Sunday night (or as defined in the Alternate Work Week Schedule Policy for those
employees participating in same). This shall not be construed to constitute a guarantee of hours
of work per day or per work week or of days of work per work week.
1.25.74 Y-rate of Pay: The Y-rate of pay shall exist when an employee’s salary is frozen at the
then current salary until such time as the commencing salary at the Y-rate, taken together with
subsequent general salary increases, equals or exceeds the employee’s salary at the Y-rate. The
employee will not receive merit or performance-based salary increases. However, benefits and
salary range will be adjusted annually in accordance with City’s pay and benefit plan. This may
occur in situations where an employee is reclassified, voluntarily demoted, or as otherwise stated
in these Policies.
1.30 NO CONTRACT OF EMPLOYMENT CREATED: These Policies do not create any
contract of employment, express or implied, or any rights in the nature of a contract. The goals,
objectives and strategies set forth in this document are subject to budgetary limitations. Nothing
contained herein is to be construed as a binding contract.
1.35 ADMINISTRATION OF THE PERSONNEL SYSTEM: The Employee Relations
Officer shall administer the City personnel system and may delegate any of the powers and
duties related thereto to any other officer or employee of the City or may recommend that such
powers and duties be performed under contract. The Employee Relations Officer shall:
1.35.1 Act as the appointing authority for all City employees except those officers and
employees directly appointed by the City Council.
- 14 -
Rev. July 2014
148
1.35.2 Administer all of the provisions of these Personnel Policies except as specifically
reserved to the City Council.
1.35.3 Prepare and recommend to the City Council any appropriate Personnel Policies and
revisions to such Policies.
1.35.4 Prepare or cause to be prepared, and revise as appropriate, a position classification
schedule, including class specifications.
1.35.5 Have the authority to discharge and discipline City employees in accordance with these
Personnel Policies.
1.35.6 Provide for the publishing or posting of notices of examinations for position in the
competitive service; the discretion to waive certain job stated qualifications for good cause when
it is in the best interests of the City; the authority to receive applications therefore; the authority
to conduct and grade examinations; the authority to establish a list of all persons eligible for
appointment to the appropriate position in the competitive service; and the performance of any
other duty which may be desirable or required for the effective implementation of these Policies.
1.40 CONFLICTS OF INTEREST AND ACCEPTANCE OF GIFTS AND OTHER
GRATUITIES: Employees shall not take part in, or attempt in any manner to influence the
consideration of any application, proceeding or other matter involving their own personal
property, real estate, investment or other interest, or that of any relative or close personal
acquaintance. In all such situations, the employee must disclose the nature of the relationship to
his or her immediate supervisor and request to be relieved of any responsibility or involvement
in such manner.
Employees shall not directly or indirectly solicit any gift or receive any gift whether in the form
of money, services, loan, travel, entertainment, hospitality, promise, or any other form under
circumstances which it could reasonably be inferred the gift was intended to influence them or
could be expected to influence them in the performance of their official duties, or was intended
as a reward for any official action on their part.
Gifts that will be shared with office staff, such as boxes of candy, flowers and food, may be
viewed as exceptions provided they are of minimal value and do not exceed limits imposed by
law for gifts to public employees. All financial disclosure laws and regulations must be
complied with.
If an employee receives any gift as specified above, they shall be rejected firmly but as tactfully
as possible so the good intentions of the giver are properly acknowledged.
1.45 OUTSIDE EMPLOYMENT: An employee shall not engage in any employment,
enterprise, or outside activity which is in conflict with his duties, functions, responsibilities, or
the department by which he or she is employed, nor shall the employee engage in any
compensatory outside activity which will directly, or indirectly, contribute to the lessening of his
or her effectiveness as an employee.
- 15 -
Rev. July 2014
149
Authorization
a. Any employee wishing to engage in an occupation or outside activity for
compensation shall inform the Department Director of such desire, providing information
as to the time required and the nature of such activity, and such other information as may
be required; and the Department Director shall determine whether or not such activity is
compatible with the employee’s City employment.
b. If the Department Director determines such activity is compatible, he or she may
authorize the activity in writing using the “Outside Employment Form” and shall send a
copy to the Employee Relations Officer or designee.
c. Said authorization shall be valid only for the work and period prescribed therein.
Determination of Inconsistent Activities
In making a determination as to the consistency or inconsistency of outside activities, the
Department Director shall consider, among other pertinent factors whether the activity:
a. Involves the use for private gain or advantage of City time, facilities, equipment,
and supplies, or the badge, uniform, prestige, or influence of one’s City office or
employment;
b. Involves receipt or acceptance by an employee of any money or other
consideration from anyone other than the City for the performance of an act which the
employee, if not performing such act, would be required or expected to render in the
regular course of his or her City employment or as part of his or her duties as a City
employee;
c. Involves the performance of an act in other than his or her capacity as a City
employee, which act may later be subject directly or indirectly to the control, inspection,
review, audit, or enforcement by such employee or the department by which he or she is
employed;
d. Involves conditions or factors which would probably, directly or indirectly lessen
the efficiency of the employee in his or her regular City employment or conditions in
which there is a substantial danger of injury or illness to the employee.
Use of City Equipment Prohibited
a. No City-owned equipment, autos, trucks, instruments, tools, supplies, machines,
or any other item which is the property of the City shall be used by an employee while
said employee is engaged in any outside employment or activity for compensation, or
otherwise, except upon prior written approval of the Employee Relations Officer.
b. No employee shall allow any unauthorized person to rent, borrow, or use any of
the items mentioned in (a) above, except upon prior written approval of the Employee
Relations Officer.
- 16 -
Rev. July 2014
150
Violations and Penalties
a. Any violation of the provisions herein contained respecting outside employment
or activity and use of City property shall constitute sufficient grounds for disciplinary
action, up to and including dismissal.
1.50 POLITICAL ACTIVITIES: No employee shall engage in political activity during
working hours (excluding break time) or on City premises where such activity would disrupt the
workplace. No employee shall engage in any type of activity relating to an employee
organization during such time an employee is on duty, except as expressly permitted by the City
Manager, Federal or State law, Memorandum of Understanding, or City Council directive.
1.55 SAFETY AND HEALTH: Each employee shall comply with all applicable safety laws,
Policies, and regulations, as follows: adhere to and follow the guidelines of the Safety Manual (a
copy of which is available on the City’s Human Resources Intranet on the H:Drive), all safety
practices, use personal protective equipment as required and provided by the City, render every
possible aid to safe operations, and report to the supervisor, department director or Safety
Committee all unsafe conditions or practices.
Employees with questions about safety methods or practices should check with their supervisor.
1.60 VEHICLE AND SEATBELT POLICY: All employees who are currently assigned a
City vehicle for their job duties will continue to be provided access to a vehicle. In addition, a
vehicle pool will be available for use by employees to conduct City business. Pool vehicles will
be made available on a first-come, first-served basis. The pool will be administered by the
Finance Department. An employee must check with the Finance Department prior to using
his/her own vehicle on City business. If there is no pool vehicle available, and the employee
cannot wait for one to become available, the employee may use his/her personal vehicle and be
reimbursed at the then current IRS rate. Foremen will no longer take City vehicles home on a
daily basis. Instead, Foremen are authorized to take a City vehicle home when on scheduled
standby. When on scheduled standby, Foremen shall be paid standby pay pursuant to Section
14.35.6.
City shall make City pool vehicles available on a priority basis for those employees who are
required to travel off paved roads on City business. If a pool vehicle is not available, and the
employee must use his/her personal vehicle to travel off paved roads, the employee shall not be
required to travel off paved roads if he/she reasonably believes that to do so would cause damage
(other than normal wear and tear) to the vehicle. The employee shall inform his/her supervisor
of such concerns, and the supervisor shall give alternate instructions.
Employees required to use their own vehicle for City business and who receive either a monthly
allowance or mileage reimbursement therefore are required to provide proof of a valid California
drivers’ license and of vehicle insurance for both liability and property damage. The City
requires a copy of the drivers’ license at the time of hire and at the time of each required renewal.
Human Resources maintains these records and is responsible for notifying employees when their
license needs to be renewed.
- 17 -
Rev. July 2014
151
An employee who loses his/her license or has his/her license restricted so as to prevent driving
on City business is responsible for notifying the Employee Relations Officer immediately. The
City has an agreement with the Department of Motor Vehicles (DMV) wherein the DMV notifies
the City when an employee’s license is restricted or revoked. If the DMV notifies the City prior
to receiving notification by the employee, disciplinary action may result.
Proof of insurance must be shown at the time of hire and annually by those employees who drive
their own vehicles on City business. Policy limits are determined by the employee, but must
meet minimum state standards. If an employee has an automobile accident while on City
business, the employee’s insurance policy shall provide primary coverage for both liability and
property damage. If there is no insurance policy in place, the employee shall be personally
responsible. The car allowance or mileage reimbursement paid by the City is calculated to cover
the cost of insurance purchased by the employee. No employee who has not been required to use
his/her vehicle for City business shall be required to provide proof of insurance.
Employees must wear seatbelts at all times when in a vehicle on City business.
1.65 DRUG AND ALCOHOL FREE WORKPLACE: It is the intent of the City of La Quinta
to maintain a workplace that is free of drugs and alcohol and to discourage drug and alcohol
abuse by its employees. The City has a vital interest in maintaining safe and efficient working
conditions for its employees. Substance abuse is incompatible with health, safety, efficiency and
service to the public. Employees who are under the influence of a drug or alcohol on the job
compromise the City’s interests, endanger their own health and safety and the health and safety
of others, and can cause a number of other work-related problems, including absenteeism and
tardiness, substandard job performance, increased workloads for co-workers, behavior that
disrupts other employees, delays in the completion of jobs, and disruption of service to the
public.
While on paid duty time or on City property, including in City vehicles or while operating City
equipment, employees shall not consume or possess alcoholic beverages or consume or possess
controlled substances. Employees shall not work or be at work while under the influence of any
controlled substance (as defined herein), without written authorization from a qualified physician
and the employee’s Supervisor.
The unlawful manufacture, distribution, dispensing, possession, or consumption of any
controlled substance is prohibited on the job, in the City’s workplace, or while subject to duty
(i.e. standby).
For the purposes of this Section, the following shall be defined as:
A. “Abuse of any legal drug” means the use of any legal drug, including prescription
drugs, (a) for any purpose other than the purpose for which it was prescribed or
manufactured; or (b) in a quantity, frequency or manner that is contrary to the
instructions or recommendations of the prescribing physician or manufacturer.
B. “Controlled substance” denotes any substance which could potentially impair the
employee’s ability to effectively and safely perform the functions of his/her duties,
including, but not limited to: alcohol, coca leaves, cocaine, marijuana, opium and opiates,
- 18 -
Rev. July 2014
152
amphetamines, methamphetamine, lysergic acid (L.S.D.), etc. As outlined below, certain
prescription drugs and medications shall also be classified as controlled substances.
C. “Conviction” is a finding of guilt (including a plea of no contest), an imposition
of sentence, or both, by any judicial body charged with the responsibility to determine
violations of the Federal or State criminal drug statutes.
D. “Reasonable suspicion” includes a suspicion that is based on specific personal
observations such as an employee’s manner, disposition, muscular movement,
appearance, behavior, speech or breath odor; information obtained from a reliable person
with personal knowledge; an accident involving City property, where it appears the
employee’s conduct is at fault; physical altercation, verbal altercation, or unusual
behavior.
Reasonable suspicion may also be based on an employee’s possession of drugs, alcohol
or paraphernalia in the work place or on City property.
The use of prescription drugs which would not alter an employee’s work performance is
acceptable, if prescribed in writing, by a qualified physician. Employees must notify their
Supervisor before beginning work when taking drugs (prescription or non-prescription) which
may interfere with the safe and effective performance of their duties. In the event there is a
question regarding an employee’s ability to perform assigned duties safely and effectively while
using such drugs, a written clearance from a qualified physician shall be required before the
employee is allowed to resume the employee’s regular duties.
Having a Medical Marijuana Card and/or a cannabis prescription from a physician does not
allow an employee to use or possess any cannabis products (marijuana, hash, or hash oil) on City
property, while working as an employee, or while ‘on call’ and subject to return to work. The
federal government still classifies cannabis as an illegal drug, even if California has
decriminalized its possession or use. Unlike .08 blood alcohol levels, as yet there is no
'acceptable level of driving impairment' when it comes to cannabis use and driving City
equipment or vehicles. Employees are still subject to testing under the City’s reasonable
suspicion, post-accident, or ‘safety sensitive employee’ policies, and receiving discipline,
suspension, or termination for a positive cannabis test.
Toward reaching this goal of a drug and alcohol free workplace, the City may conduct pre-
employment drug or alcohol testing of applicants for City positions that require more than
incidental driving or performance of other safety sensitive functions as part of their regular
duties, as defined in the approved job descriptions. Pre-employment drug or alcohol tests shall
apply only to non-City employees; City employees who apply for another City position shall not
be subject to pre-employment drug or alcohol tests. Any applicant who tests positive, as outlined
in the Drug Free Workplace Administrative Policies, Section 5, shall be disqualified from
consideration for employment for a period of six (6) months.
The City also reserves the right to require that an existing employee undergo testing if the City
determines that reasonable suspicion exists to believe that the employee is under the influence of
any illegal drug or controlled substance, as defined in this Section. Reasonable suspicion shall,
whenever possible, be evaluated based on personal observations by the Department Director or a
- 19 -
Rev. July 2014
153
Supervisor who is familiar with the employee’s normal behavior. Information which is obtained
from a reliable person with personal knowledge of the employee may also be utilized in
appropriate circumstances.
In the event that an employee suspects that the employee’s supervisor is under the influence of
drugs or alcohol, the employee may submit a written or oral complaint which contains detailed
information regarding the allegation of alcohol or substance abuse to the supervisor’s superior.
Employees who (1) refuse to submit to a drug or alcohol test immediately when requested by
authorized City or law enforcement personnel; (2) orrefuse to submit to a limited search of
personal properties if requested by authorized City personnel, based on reasonable suspicion or
legitimate business need; or (3) are “convicted” of a “criminal drug statue” violation, shall be
subject to the disciplinary procedures which are outlined in Section 10 of these Policies.
All City lockers, desks, cabinets, vehicles, computer files, are the property of the City and are
subject to search without the employee’s consent by City management at any time with or
without notice. Refusal to cooperate with a search may result in a disciplinary action, up to and
including termination. Unless the Supervisors are directed otherwise by the Employee Relations
Officer, employees will be given the opportunity to be present when the search is conducted.
If an employee voluntarily wishes to participate in a drug or alcohol rehabilitation program, and
has not been found to have violated the City’s Policies concerning drugs or alcohol, the City
shall make every reasonable effort to assist in placing an employee with an available employee
assistance program or service for purposes of rehabilitation, in-lieu of disciplinary action or
criminal prosecution. If, in such cases, the employee refuses to attend and complete an employee
assistance program or service, the employee will be subject to the disciplinary procedures which
are outlined in these Policies.
1.70 DRUG AND ALCOHOL FREE WORKPLACE - PROHIBITED CONDUCT:
In addition to prohibited acts already provided for, the following acts are prohibited and subject
an employee to discipline in accordance with these Policies and procedures:
(a) The use or possession of alcohol or impairing drugs, including illegal drugs and
drugs without a prescription during working hours or while subject to duty, on breaks,
during meal periods or at any time while on City property;
(b) Reporting to work or being subject to duty while his or her ability to perform job
duties is impaired due to on- or off-duty alcohol or drug use; or
(c) Directly or through a third party sell or provide drugs or alcohol to any person,
including any employee, while either or both employees are subject to being called to
duty.
- 20 -
Rev. July 2014
154
1.75 DEPARTMENT OF TRANSPORTATION ALCOHOL AND DRUG ABUSE:
1.75.1 Purpose: This policy establishes guidelines in compliance with the Federal Omnibus
Transportation Employee Testing Act of 1991 (Omnibus Act), the Department of Transportation
Federal Highway Administration (FHWA) Regulations of 1994 (49 C.F.R. parts 40 and 382 et
al.), and Section 34520(a) of the California Vehicle Code. Each of these measures requires that
regular drug and alcohol testing be performed on employees in safety-sensitive positions who
operate specified commercial vehicles.
The City of La Quinta’s objectives in establishing this policy are to:
A. protect the safety of the public at large;
B. ensure the highest quality of public service possible;
C. provide a safe working environment for City employees;
D. promote efficiency and productivity; and
E. encourage employees who are concerned about their drug and/or alcohol use to
voluntarily seek assistance.
1.75.2 Policy:
A. Covered Employees: The Department of Transportation drug and alcohol testing
rules apply to City employees who operate the following:
1. a vehicle with gross combination weight of at least 26,001 pounds,
inclusive of a towed unit with a gross vehicle weight rating (GVWR) of more than
10,000 pounds;
2. a vehicle of over 26,001 GVWR;
3. a vehicle placarded under Department of Transportation hazardous
material regulations; and Department of Transportation hazardous material
regulations; and
4. a vehicle designed to transport 16 or more passengers, including the
driver.
B. Safety-Sensitive Functions: “On-duty” time for safety-sensitive functions
commences at the time covered employees begin to work or are required to be in
readiness for work until the time they are relieved of work responsibilities. “On-duty”
time includes the following safety-sensitive functions:
1. driving the vehicle;
2. performing maintenance on the vehicle;
3. inspecting the vehicle;
4. loading or unloading the vehicle;
5. supervising or assisting the loading or unloading of a vehicle; and
6. waiting to load or unload the vehicle or to be dispatched.
C. Prohibited Acts: Covered employees shall not engage in any of the following
behaviors while performing or waiting to perform a safety-sensitive function:
- 21 -
Rev. July 2014
155
1. Drugs
a. report to duty or remain on duty in a safety-sensitive capacity
when using any drug;
b. possess while on duty;
c. consume at any time; and
d. test positive.
Note: Prescription drugs may be allowed, as needed, pursuant to advance
notification to the appropriate supervisor, along with the doctor’s
recommendation regarding instructions and possible side effects as they relate to
the employee’s job duties.
2. Alcohol
a. report for duty or remain on duty in a safety-sensitive capacity
while having a blood alcohol level of 0.02 or greater;
b. use or possess alcohol while performing safety-sensitive functions;
c. perform safety-sensitive functions within four hours after using
alcohol; and
d. use alcohol for 8 hours after an accident or until tested, whichever
is first.
3. Drug and Alcohol
a. refusal to submit to drug and/or alcohol testing as required by the
Omnibus Act; is deemed as a positive test;
b. report to duty or remain on duty to perform a safety-sensitive
function after refusing to submit to drug and/or alcohol testing required
under the regulations; and
c. fail to advise the immediate supervisor when other employees have
actual knowledge that an employee is in violation of these rules.
D. Drug Testing: Pursuant to FHWA regulations, urine specimens shall be screened
for the following substances:
1. Amphetamines/Methamphetamine (i.e., Speed and Crystal);
2. Cocaine;
3. Opiates (i.e., Codeine, Heroin, and Morphine);
4. Phencyclidine (PCP); and
5. THC (Marijuana)
The testing is a two stage process. If the initial screening is positive for one or more of
the above drugs, then a confirmation test is performed for each identified drug using
state-of-the-art gas chromatography/mass spectrometry (GC/MS) analysis. GC/MS
ensures that over-the-counter medications are not reported as positive tests.
- 22 -
Rev. July 2014
156
E. Alcohol Testing: The regulations require an evidential breath testing device
(EBT) approved by the National Highway Traffic Safety Administration (NHTSA) for
the testing of alcohol use. An alcohol testing form is completed by the employee and a
certified breath alcohol technician (BAT) to ensure the results are properly recorded.
Two breath tests are required to determine if the employee has a prohibited alcohol
concentration. A screening test is conducted first. Any result less than 0.02 alcohol
concentration is considered a negative test, and no further testing is required.
If the alcohol concentration is 0.02 or greater, a second or confirmation test shall be
conducted. When a confirmation test is required, the EBT equipment shall print the
screening and confirmation test numbers in sequential order. The device shall also print
the result, date, and time of both tests, along with the name and serial number of the EBT
equipment in order to ensure the reliability of the results. Any action taken will be based
on the confirmation test result.
F. Types of Tests Required: The following tests are required for covered employees
who perform safety sensitive functions:
1. Pre-employment Testing
Prior to hire or assignment to a position covered by this policy, the applicant or
employee shall undergo testing for drugs. Failure to pass the test shall be deemed
a basis upon which employment or assignment to a safety-sensitive position shall
be denied.
2. Random Selection
Regulations require regular random testing of all employees covered by this
policy. The ongoing testing will be conducted on an unannounced basis before,
during, or immediately after the performance of safety-sensitive functions.
Employees will have an equal chance of being selected. All eligible employees’
names will be placed in a pool, from which names are drawn on a “reasonably
random” basis. Once an employee’s name is pulled for testing, his or her name
will be returned to the pool. Therefore, it is feasible for the same employee to be
tested repeatedly while participating in a true random testing process.
The selection of employees for random drug and alcohol testing will be made by a
scientifically valid method.
The regulations specifically require that random testing be performed as follows:
a. Drugs - Fifty percent (50%) of the total number of covered
employees shall be tested annually.
b. Alcohol - Twenty-five (25%) percent of the total number of
covered employees shall be tested annually.
3. Reasonable Suspicion
The City shall require a covered employee to be tested upon reasonable suspicion
for the use of drugs or alcohol. Reasonable suspicion or cause means that a
- 23 -
Rev. July 2014
157
trained supervisor believes that the actions, appearance, speech, body odors, or
conduct of an on-duty employee is indicative of the use of drugs or alcohol.
Reasonable suspicion may be conducted before, during, or after an employee
performs safety-sensitive functions.
The determination that a reasonable suspicion exists to require an employee to
undergo a drug or alcohol test must be based on specific, objective, and
contemporaneous facts concerning the behavior, appearance, speech, or body
odors of the employee. The determination must also be based on the supervisor’s
direct observations of the behaviors and not on hearsay. The supervisor(s)
witnessing the impairment must document the specific observations upon which
the reasonable suspicion is based.
Where there is a reasonable suspicion that the employee is under the influence of
drugs or alcohol, the supervisor shall arrange for the employee to be transported
to the testing facility and then driven home. The employee shall not be permitted
to transport him or herself.
4. Post-Accident
For purposes of this policy, an “accident” is defined as an incident involving a
commercial vehicle in which one or more of the following occurs: loss of human
life; bodily injury to persons; disabling damage to any of the vehicles involved; or
issuance of a traffic citation to the City employee following any type of vehicle
collision.
The following criteria apply when conducting drug and alcohol tests due to an
accident:
a. A breath alcohol test must be administered as soon as possible. If
not within two hours following the accident, the employer/supervisor must
prepare and maintain records stating why testing was not completed. At
that time, every effort should be made to ensure that a breath alcohol test
is performed within eight hours following the accident. If testing has not
occurred within eight hours, attempts to test should be discontinued, and
the employer/supervisor must record why he was unable to administer the
required test.
b. A drug screening test must be initiated prior to the 32nd hour
following an accident. If the test is not administered as required, the
employer/supervisor must document the reasons testing was not
performed.
c. The employee must remain readily available for testing or he or
she will be deemed to have refused the test (see Refusal to Consent). This
rule does not require the delay of necessary medical attention for injured
persons following the accident nor prohibit the employee from leaving the
scene to obtain assistance or necessary emergency medical care.
- 24 -
Rev. July 2014
158
d. An employee subject to post-accident testing may not use alcohol
within eight hours following the accident or before an alcohol test,
whichever comes first.
e. Testing will not be conducted on any deceased employee.
5. Return-to-Duty
Testing shall be conducted on any covered employee who has violated the
prohibited drug and alcohol standards and is accepted into a return-to-duty status.
Prior to resuming his or her safety-sensitive functions, the employee must
undergo a new drug and/or alcohol test.
The test results must be negative for the employee to return to work. If
applicable, the employee shall be referred to a Substance Abuse Professional for
further assessment.
6. Follow-up
Any covered employee identified by the Substance Abuse Professional as needing
assistance will be subject to follow-up testing upon returning to duty. A
minimum of six unannounced tests will be performed over the following twelve
month period. Follow-up testing may be extended for up to 60 months following
return-to-duty. The same criteria used for the return-to-duty testing will be used
for any follow-up testing. Such testing shall not be subject to the random testing
selection procedures. Moreover, follow-up testing may include tests for other
substances beyond the employee’s initial positive test of drug and/or alcohol use
when the Substance Abuse Professional has reason to believe that additional
testing is warranted. If follow-up testing is required, the employee assumes full
responsibility for paying the follow-up testing expenses.
G. Employee Consent: Before a drug or alcohol test is administered, the covered
employee will be asked to sign a consent form authorizing the test and permitting release
of the test results to the appropriate City representative. The consent form shall provide a
space to acknowledge that the employee being tested has been advised of the drug and
alcohol testing policy.
H. Refusal to Consent: An employee that refuses to submit to drug or alcohol testing
required by the City shall be prohibited from performing or continuing to perform safety-
sensitive functions. An employee’s refusal to submit to drug or alcohol testing required
by the City for any reason may also result in disciplinary action, up to and including
termination. Refusal to consent shall include, but is not limited to:
1. failure to provide adequate breath for alcohol testing, without valid
medical explanation, after being notified of the requirement for breath testing;
2. failure to provide an adequate urine sample for testing, without a genuine
inability to provide a specimen (as determined by medical evaluation), after being
notified of the requirement for urine testing; and
- 25 -
Rev. July 2014
159
3. engaging in conduct that clearly obstructs the testing process.
I. Consequences of Positive Test Results: If drug and/or alcohol test results are
positive, the employee may be disciplined, up to and including termination. If the
employee is not terminated, the employee’s supervisor or other authorized manager shall:
1. Immediately remove any employee who has engaged in prohibited drug or
alcohol use from his or her safety-sensitive functions.
2. If the alcohol concentration level is greater than 0.02, but less than 0.04,
the employee may not return to his or her safety-sensitive function for a minimum
of 24 hours and until another breath alcohol test is administered, and the result is
less than a 0.02 concentration.
3. If the alcohol concentration level is greater than 0.04 or a drug screening
test is positive for any of the prohibited controlled substances, the employee will
be removed from his or her safety-sensitive position until:
a. he or she undergoes evaluation and, where necessary,
rehabilitation;
b. a Substance Abuse Professional determines that the employee has
successfully complied with any required rehabilitation; and
c. the employee undergoes a return-to-duty test with a result of a
blood alcohol concentration of less than 0.02 if the employee initially
tested positive for alcohol, and/or with a negative test result for controlled
substances if the employee initially tested positive for controlled
substances.
Any treatment or rehabilitation may be provided in accordance with City policy. The
City is not required under these circumstances to provide rehabilitation, pay for
treatment, or to reinstate the employee to safety-sensitive positions.
4. If the employee is permitted to return to work, he or she must have a
negative test result on the return-to-duty test.
5. Perform unannounced follow-up testing on any employee returned to his
or her safety sensitive duties.
6. Make arrangements for alternative transportation when test results are
positive for drugs or an alcohol concentration of 0.02 or greater.
J. Substance Abuse Professional: The City will only provide an assessment by a
Substance Abuse Professional. Under this policy, the City has no obligation to provide or
pay for further treatment, as this is the responsibility of the employee. Some financial
assistance may be available under the City’s health insurance plan.
K. Testing Records: Records shall be maintained on test results, prevention
programs, policies, training, drug use and alcohol misuse, refusals to submit to testing,
- 26 -
Rev. July 2014
160
employee evaluations, and annual summary of the City testing program. The retention
period for the records is as follows:
1. Five-Year Retention Period
This pertains to the results of alcohol tests of 0.02 or higher, confirmed positive
drug tests, documentation of any employee who has refused to submit to a
required drug or alcohol test, employee assessments and referrals by the
Substance Abuse Professionals, and each calendar year summary.
2. Two-Year Retention Period
This pertains to records documenting the collection process for the drug and
alcohol tests and training of supervisors.
3. One-Year Retention Period
This pertains to any alcohol test results which are less than 0.02 and the
documentation of any negative or canceled drug test.
All records are confidential; however, the regulations require that they be made available
for inspection at the City of La Quinta within two business days following a request by an
authorized person. The records are kept in a separate file and will not be made a part of
the employee’s personnel file. An exception to this is when disciplinary action results
from the incident. When there is disciplinary action, disciplinary notices and related
documents will be placed in the employee’s personnel file.
The result of any testing done pursuant to this policy shall be used for employment
purposes only and shall not be released for use in the criminal justice system, unless by
court order.
L. Access to Records: The following agencies shall have access to all test results
without the verbal or written consent of covered employees:
l. the City of La Quinta in proceedings initiated either by the City or the
employee as a result of testing;
2. the Department of Transportation or any state or local official with
regulatory authority over the City or any of its employees; and
3. the National Transportation Safety Board when conducting an
investigation of an accident where drug and/or alcohol testing was performed.
M. Training: As part of the emphasis on education and safety, the Omnibus Act
requires providing educational materials and two hours of training of supervisors and one
hour of training for employees before testing can begin. The required topics include the
following:
1. General Requirements
Covers the general requirements of the Omnibus Act and the City’s
responsibilities to comply with those requirements.
- 27 -
Rev. July 2014
161
2. Key Person
Designates a key person at the City to answer employee questions regularly.
3. Drivers Covered
Identifies categories of employees who are subject to the regulations.
4. On-duty Time
Describes the period of time employees are to be in compliance.
5. Safety-Sensitive Functions
Identifies what job tasks are considered to be safety-sensitive.
6. Prohibited Conduct
Specifies information about prohibited employee conduct.
7. Occasions for Testing and Types of Testing
Lists circumstances under which employees will be tested for drugs and/or
alcohol.
8. Procedures for Testing
Covers procedures that will be used to test for the presence of alcohol or drugs
and to protect the privacy of employees, the integrity of the testing process, and
the validity of the test results. Testing shall be conducted only by laboratories
that are Department of Health and human Services certified, and comply with all
laboratory analysis procedures and quality control measures set forth in 49 C.F.R.
part 40.
9. Refusal to Be Tested
Explains what constitutes a refusal to test.
10. Blood Alcohol Concentration
Depicts the various readings for alcohol concentration greater than 0.02.
11. Effects of Drugs and/or Alcohol Use
Describes the specific observations concerning the appearance, behavior, speech,
or body odors of the employees.
12. Penalties and Referral
Lists the various consequences for employee found to have tested positive for
prohibited drugs or within the prohibited blood alcohol level.
N. Notice to Employees: Covered employees will receive a copy of the Personnel
Policies at the time they commence employment with the City.
0. Compliance with Federal Law: At all times, the City will comply with the current
applicable federal law concerning drug and alcohol testing. Issues or inconsistencies that
are not addressed in this policy will be determined by referring to the law and official
- 28 -
Rev. July 2014
162
regulations outlining policies and procedures, etc. relative to the law and official
regulations outlining policies and procedures, etc.
P. Employer Contact: The Employee Relations Officer has been designated to
answer employee questions about this policy.
1.80 EQUAL EMPLOYMENT, HARASSMENT, HOSTILE WORK ENVIRONMENT AND
ANTI-BULLYING POLICY: The City is an equal opportunity employer. Personnel actions
will comply with all applicable laws prohibiting discrimination in employment, based on race,
religious creed, color, national origin, ancestry, gender, gender identification, medical condition,
marital status, sex, pregnancy, age, sexual orientation, domestic partnership status, military and
veteran status, or mental or physical handicap. Any technique or procedure used in recruitment
and selection of employees shall be designed to measure only the job related qualifications of
applicants. No recruitment or selection technique shall be used which, in the opinion of the City,
is not justifiably linked to successful job performance.
Policy Against Harassment: The City strictly prohibits harassment of employees in the
workplace based on race, religious creed, color, national origin, ancestry, gender, gender
identification, medical condition, marital status, sex, pregnancy, age, sexual orientation,
domestic partnership status, military and veteran status, or mental or physical handicap.
Harassment includes all forms of offensive or unwelcome physical or verbal conduct that
interferes with an employee’s work or creates an offensive or hostile working environment. In
addition to prohibiting all forms of discrimination and harassment, the City also prohibits any
form of “intimidation or bullying” in the workplace or elsewhere, including offsite events, that
reflects negatively on the employee or on the City.
Sexual Harassment: Sexual harassment of all types is specifically prohibited. Sexual harassment
of employees in the workplace is illegal, unacceptable, and will NOT be tolerated.
Under state and federal law, sexual harassment is defined as unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual nature. Harassment
need not be motivated by a sexual desire, and the use of profane or vulgar language alone, even
between members of the same sex, may be sexual harassment. It is illegal whenever (a)
submission to such conduct is made a condition of employment, either expressly or implied, (b)
submission to or rejection of such conduct by an individual is used as the basis for employment
decisions affecting that individual, or (c) such conduct has the purpose or effect of unreasonably
interfering with an individual’s work performance or creating an intimidating, hostile, or
offensive working environment.
Examples of sexual harassment include unwelcome sexual propositions or marriage proposals;
unwelcome hugging, kissing, or other offensive physical contact of a sexual nature; lewd
gestures, remarks. or innuendos; profane or vulgar language, unwelcome discussions of sexual
practices or anatomy; and sexually offensive posters, photographs, drawings, cartoons, jokes,
stories, nicknames, or comments about appearance.
Anti-Bullying: Every employee, public official and other individuals, such as temporary agency
workers, consultants, independent contractors and visitors, have the right to be treated with
- 29 -
Rev. July 2014
163
respect. Bullying is the use of verbal and/or physical aggression with the intention of
intimidating or harming another individual. It can include any intentional written, visual, verbal,
or physical act, when the act harms the individual or damages his or her property; has the effect
of interfering with an employee’s ability to work; is severe or pervasive; and/or creates an
intimidating or threatening environment. Bullying occurs in many forms including, but not
limited to, excluding, tormenting, taunting, making abusive comments, or using threatening
gestures; pushing, shoving, punching, unwanted physical contact or any use of violence; graffiti;
name-calling, sarcasm, spreading rumors, teasing, etc. Such conduct can also occur via use of
electronic or telephonic communications such as the internet, email and chat room misuse,
mobile threats by text messaging or calls, or misuse of cameras and video equipment.
This policy applies to all Supervisors of the City, as well as to co-employees, elected and
appointed officials, commissioners, customers, and other persons at the workplace whom the
City knows or has reason to know are violating this policy. All City personnel are expected to
avoid any conduct that could be construed as harassment or other prohibited behavior by any
employee. Appropriate corrective action will be taken against all offenders, including discipline
or discharge of Supervisors or employees who violate this policy.
Any employee who believes he or she has been unlawfully harassed should bring the matter to
the attention of the employees’ supervisor immediately, and provide a full and accurate report of
the underlying facts. Where the employee’s supervisor is the alleged harasser, the employee
should bring the matter to the attention of the supervisor’s superior. Employees are urged to
report to the employee’s supervisor, but this is not required if the employee feels uncomfortable
in doing so, or if the employee believes the supervisor is the harasser. In all cases, employees
are free to report such problems directly to the Employee Relations Officer. Upon notification of
a harassment complaint, the Employee Relations Officer, or other person acting in that capacity,
shall promptly conduct an investigation of the complaint and supervise and/or investigate the
complaint. The investigation will generally include interviews with (1) the complainant; (2) the
accused harasser; and (3) any other person the Employee Relations Officer, or person acting in
that capacity, has reason to believe has relevant knowledge concerning the complaint. This may
include victims of similar conduct.
All such reports will be kept confidential to the greatest extent possible, but some disclosure will
be necessary to conduct a proper investigation. In each case, the employee reporting the problem
will receive a written reply, from the Employee Relations Officer, or other person acting in that
capacity, on the results of the investigation and the action taken, if any. Any employee who is
not satisfied with the reply may appeal to the City Manager and will receive a reply in writing.
No employee shall be subject to any form of retaliation for reporting any violation, or
participating in any investigation under this policy provided that they have done so truthfully and
in good faith. Employees who believe they have been retaliated against in violation of this
policy may utilize the grievance procedure described below.
This policy also applies to unlawful harassment based on any of the other illegal criteria set forth
in the City’s Equal Employment Policy, including race, color, religion, national origin, age, sex,
sexual orientation, disability, marital status, or physical or mental condition.
- 30 -
Rev. July 2014
164
The California Fair Employment and Housing Act, (FEHA) (California Govt. Code Sections
12940 et seq.) prohibits unlawful sexual harassment, as well as other forms of discrimination
based on race, color, national origin, religious creed, age, disability, marital status, and medical
condition.
Employees may file complaints about sexual harassment or other illegal employment
discrimination with the California Fair Employment and Housing Commission (1390 Market
Street, Suite 410, San Francisco, CA 94102; Telephone: 415-557-2325), or with the California
Department of Fair Employment and Housing (San Bernardino Office: 1845 S. Business Center
Drive, #127, San Bernardino, CA 92408-3426; Telephone: 909-383-4711).
The Department of Fair Employment and Housing (DFEH) is authorized to accept and
investigate complaints of employment discrimination, and to mediate settlements. The Fair
Employment and Housing Commission (FEHC) has authority to issue accusations against
employers, conduct formal hearings, and award reinstatement, back pay, damages, and other
affirmative relief. The Fair Employment and Housing Act prohibits retaliation against
employees because they have filed a complaint with the DFEH or FEHC, participated in an
investigation, proceeding, or hearing with either agency, or opposed by practice made unlawful
by the FEHA.
The City will NOT tolerate any unlawful harassment or discrimination in employment.
Violation of this policy can result in immediate termination of employment.
A violation of this policy is subject to the formal grievance procedure in accordance with Section
12. If the allegation of sexual harassment implicates any person rendering a decision at any Step
in the Grievance Procedure, the employee may omit that particular Step and proceed to the next
Step of the Grievance Procedure.
Malicious Complaints: While the City of La Quinta vigorously defends its employees’ right to
work in an environment free of sexual harassment, it also recognizes that false accusations of
sexual harassment can have serious consequences. Accordingly, any employee who is found,
through the City’s investigation, to have knowingly falsely accused another person of sexual
harassment will be subject to appropriate disciplinary action, up to and including termination.
1.85 WORKPLACE VIOLENCE: The City of La Quinta does not tolerate any act or behavior
which can be perceived as threatening, hostile, and/or violent. No employee shall make any
threat, either physical or verbal, against a co-worker, supervisor or member of the public. No
employee shall bring a weapon (exclusive of personal defense chemical spray) other than those
employees required by their position to do so, of any type to a City facility, including parking
lots and public streets outside or immediately adjacent to a City building or place in a City
vehicle or equipment. Violation of this “zero tolerance” policy will lead to discipline, up to and
including termination. An employee may bring a personal defense chemical spray to a City
facility including parking lots and public streets outside or immediately adjacent to a City
building or place in a City vehicle or equipment if approved by their Department Director having
demonstrated a legitimate need and having obtained any necessary certification.
- 31 -
Rev. July 2014
165
All employees are required to report immediately to their Supervisor and Department Director
any threats or incidents of violence. Supervisors and Department Directors are required to
investigate incidents of violence or threats of violence to maintain department safety.
The Workplace Violence Safety Act, Section 527.8 to the California Code of Civil Procedure,
allows employers to seek temporary restraining orders (TRO) and an injunction to protect
employees who have been the subject of actual or threatened unlawful violence in the workplace.
1.90 SMOKING POLICY: Smoking is prohibited in all City facilities, all City vehicles and
rolling stock.
1.95 DRESS CODE: All employees shall dress professionally and in a manner appropriate for
the duties performed in their position. Department Directors, with the approval of the Employee
Relations Officer, may allow certain Field positions to wear shorts depending on the duties
performed and any safety considerations. Shorts may be limited to earth-tone colors, be mid-
thigh length, hemmed, with a minimum of two pockets, a fly and worn with a belt. All field
personnel must wear collared shirts that are tucked in and identify them as City personnel. For
additional guidance on appropriate attire, see the City of La Quinta Customer Service Manual,
Page 6, Dress Code Standards.
1.96 USE OF ELECTRONIC EQUIPMENT AND SYSTEMS: The following is a policy
statement regarding the proper use of the City’s electronic equipment and systems. This policy
should be read in conjunction with Section 1.98 Cell Phone Use Policy.
Purpose
1.. This policy is created to establish policies that help ensure the City’s
compliance with applicable law including, without limitation, the California Public Records Act;
protect the public welfare; regulate public officials’ and employees’ use of electronic
communications; identify the circumstances when electronic communications must be preserved;
and facilitate City business practices. Nothing contained in this policy is intended to hinder City
officials’, officers’, or employees’ use of electronic communications.
Definitions
2.. Unless the contrary is stated or clearly appears from the context, the
following definitions will govern the construction of the words and phrases used in this policy:
A. “Archival form” means either:
1. Transcribing or printing electronic communications in a legible hard copy
form; or
2. Transmitting, converting, or recording an electronic communication into
an electronic format by which the informational content of the electronic
communication is permanently or indefinitely preserved and such information
may be retrieved in readable or audible and comprehensible form. Examples of
such storage include, without limitation, optical disk storage; microfiche; and
digital photography that is incapable of deletion or alteration.
- 32 -
Rev. July 2014
166
B. “Communications equipment and software” means City-owned office equipment
and software used for communicating including, without limitation, telephone (including
voice mail), fax machine, copy machine, office automation equipment (computer
terminals or personal computers, including laptops) and communications software
applications such as electronic mail and Internet browsers.
C.“Electronic communication” or “communication” means any communication to,
from, between or among any City official(s) or employee(s) by using an electronic
communication system for City business purposes when it is necessary that the
informational content of such communication be preserved in archival form for future
City use or reference.
D.“Information Technologies” or “IT” means any system, device, hardware,
software, or other equipment designed and used for transmitting or receiving
communications by any form of electronic mail (e-mail or text messages) or voice mail
system, or any network of interconnected computers, including, without limitation, the
Internet and Worldwide Web, as used for such purposes.
E.“Users”means City officers, employees (regular, extra-help and temporary)
contractors, volunteers and other individuals provided access to IT.
City’s Ownership
3.. All City-provided electronic equipment, hardware, software,
temporary or permanent files and related systems or devices are the property of the City of
La Quinta. These include, but are not limited to, computers, cell phones, Smartphones
(collectively referred to as “Cell Phones”), network equipment, software, telephones, voice mail,
text messages, documents, spreadsheets, calendar entries, the Internet, appointments, tasks and
notes which are part of the City’s electronic systems or equipment.
No Expectation of Privacy
4.. Where there is a business reason to do so, supervisors have
the authority to inspect the contents of any equipment, files, systems, calendars, e-mail, text
messages or voice mail used by their subordinates as part of the regular job duties. “Business
Reason” includes ensuring that employees are complying with this policy, particularly if there
has been prior disciplinary action regarding failure to follow the policy.The City, however, will
not act under this policy on a random basis or when there is no business reason.
A. Information Systems may extract information, files, documents, e-mails, text
messages, voice mail, etc., including deleted items, when requested by management for a
business-related reason. Therefore, employees who use electronic equipment and/or
systems provided by the City of La Quinta cannot be guaranteed absolute privacy.
B. No unauthorized passwords or security system may be added to any City
equipment or other systems.
C. Users should not regard any electronic communication as personal, private or
confidential. The City may conduct reviews of the content of messages and files, and
web sites visited on the Internet, when in the exercise of its business judgment, the City
- 33 -
Rev. July 2014
167
determines that it would be prudent to do so. The City may, without notice, inspect,
repair and service all workplace computers; and for business reasons may review and
disclose all information transmitted through Information Systems; and control access to
Information Systems in accordance with Federal, State, and local regulations.
D. City may restrict access to any Internet source when it determines, in its sole
discretion, that a source is unnecessary to facilitate City business. Restriction of a
specified source does not imply approval of other non-restricted sources.
E. The City may restrict access to Information Systems without notice and without a
user’s consent.
Be advised that under some circumstances, communications sent via e-mail or text message may
be subject to disclosure under the Public Records Act, or in cooperation with law enforcement or
as a result of litigation. If disclosure of e-mail or text messages (or any other data files) should
be required (despite the designation of any message as “private” or “confidential”), the City shall
not be liable for this disclosure in any way. In short, the City’s information system does not
provide any guarantee of personal privacy protection, and employees should use the system with
this limitation in mind.
Use Regulation
5..
A.Electronic communications, including, without limitation, electronic mail,
voicemail, fax machines, and mobile phones, have become common tools in City
business. While using these technologically advanced communications, it is important to
recognize that the City remains obligated, under some circumstances, to preserve
communications under California law including, without limitation, the Public Records
Act (Gov’t. Code §§ 6250-6276.48).
B. In addition, it is important to remember that these tools are provided by the City
to facilitate public business. Although limited and incidental personal use of electronic
communications may be understandable and acceptable, these communication devices
remain public property and should be used primarily for public purposes. Users may use
Information Systems for incidental personal use that does not interfere or conflict with
City business or job performance during regular duty hours. Incidental means infrequent
usage. Personal use of the City’s Information Systems is at the users’ own risk and may
be accessed, reviewed, copied, deleted or disclosed by the City.
Acceptable business use is limited to the following:
1. Communication relating directly to achieving City or department goals
and the user’s personal work-related goals.
2. Communication relating to a user’s individual professional development in
the City.
- 34 -
Rev. July 2014
168
3. Applying for or administering grants and contracts for City programs.
4. Use for advisory, standards, research, analysis, and professional society
activities relating to the user’s job duties and tasks.
5. Announcing and tracking new laws, procedures, policies, rules, services,
programs, information, or activities affecting the City.
6. Any general or routine governmental administrative communications.
Users are encouraged to use generally accepted practices of etiquette while using
electronic communications and Information Systems. The City’s Information Services
Analyst can provide users with such forms of etiquette.
Prohibited Uses.
6.
Prohibited uses of communication equipment and software include, but are not necessarily
limited to, the following:
A.Uses that violate any local, state, or federal law;
B.Uses violating any part of an MOU or City Policy.
C.Uses relating to a user’s private commercial activities including, without
limitation, advertising and consulting;
D.Accessing and distributing computer games;
E.Fundraising or public relations activities outside the scope of City business;
F.Political activities;
G.Religious activities;
H.Unauthorized access to systems, software or data;
I.Creating or propagating viruses;
J.Disrupting services;
K.Intentionally destroying or damaging equipment, software, or data;
L.Use of non-business software, e.g. games and/or entertainment software;
M.Threats;
- 35 -
Rev. July 2014
169
N.Harassment or bullying;
O.Defamation;
P.Slander; and
Q.Access to, or communication of, material or graphic images which are
pornographic, violent, offensive, threatening, disturbing, obscene or profane.
Disclaimers
7..
Chat rooms and electronic discussion groups are specialized resources on the Internet for sharing
information with other professionals. However, employees may not publish official positions or
opinions of the City, or publish statements which could be construed as positions or opinions of
the City, via the Internet, text or e-mail without prior authorization. All authorized participation
in such forums must include the following disclaimer: “Views expressed by the author do not
necessarily represent those of the City of La Quinta.” Failure to include the required disclaimer
may result in revocation of access privileges and/or disciplinary action.
Confidential Information.
8.
Information Systems may not be used to communicate confidential City information to
unauthorized individuals within or outside of the City. Confidential information includes any
information whose release is restricted under local, state or federal law, any personnel
information or records or any other information prohibited from release to unauthorized persons
by the employee’s supervisor, manager or department head. If an employee is unsure if City
information or records are confidential, the employee is required to ask a supervisor before
releasing such information to unauthorized individuals.
Compliance with law
9..
Immediately upon receiving a public records request, subpoena, or court order which identifies
an electronic communication, City officers and employees will use their best efforts, and use all
reasonable means practicable, to preserve such electronic communications.
Violations
10..
Violations of this policy will be reviewed on a case-by-case basis and may result in disciplinary
action in accordance with the City’s Personnel Policies (Sections 8, 9, 10 and 11). All
unauthorized uses of the Internet may result in revocation of access privileges and/or disciplinary
action. Misuse of City communications equipment and software is a violation of the City’s
Personnel Policies and will result in disciplinary action up to and including dismissal from
employment.
- 36 -
Rev. July 2014
170
1.97 FRAUD IN THE WORKPLACE POLICY.
Overview
The City of La Quinta is committed to protecting its assets against the risk of loss or
misuse. Accordingly it is the policy of the City to identify and promptly investigate any
possibility of fraudulent or related dishonest activities against the City and, when appropriate, to
pursue legal remedies available under the law.
Fraud is defined as an intentional deception, misappropriation of resources or the
manipulation of data to gain financial or other benefits. Fraud and other similar improprieties
include, but are not limited to:
a)Claim for reimbursement of expenses that are not made for the exclusive benefit
of the City.
b)Forgery or alteration of documents (checks, promissory notes, time sheets,
independent contractor agreements, purchase orders, etc.).
c)Misappropriation of City assets (funds, securities, supplies, furniture, equipment,
etc.).
d)Improprieties in the handling or reporting of money transactions.
e)Authorizing or receiving payment for goods not received or services note
performed.
f)Misrepresentation of information on documents.
g)Computer-related activity involving unauthorized alteration, destruction, forgery,
or manipulation of data or misappropriation of City-owned software.
This policy applies to Officers and Employees of the City.
It is the City’s intent to fully investigate any suspected acts of fraud, misappropriation, or
other similar irregularity. An objective and impartial investigation will be conducted regardless
of the position, title, and length of service or relationship with the City.
Each department of the City is responsible for instituting and maintaining a system of
internal controls to provide reasonable assurance for the prevention and detection of fraud,
misappropriation, and other irregularities. Management should be familiar with the types of
improprieties that might occur within their area of responsibility and be alert for any indications
of such misconduct.
Human Resources, in conjunction with the City Attorney, has the primary responsibility
for the investigation of all activity as defined in this policy.
- 37 -
Rev. July 2014
171
Throughout the investigation, Human Resources will inform the City Manager of
pertinent investigative findings.
Employees will be granted whistle-blower protection when acting in accordance with this
policy. When informed of a suspected impropriety, neither the City nor any person acting on
behalf of the City shall:
a)Dismiss or threaten to dismiss the employee.
b)Discipline, suspend, or threaten to discipline or suspend the employee.
c)Impose any penalty upon the employee, or
d)Intimidate or coerce the employee.
Violations of the whistle-blower protection will result in discipline up to and including dismissal.
Upon conclusion of the investigation, the results will be reported to the City Manager.
The City Manager, following review of investigative results, will take appropriate action
regarding employee misconduct. Disciplinary action can include termination, and referral of the
case to the District Attorney’s Office for possible prosecution.
The City will pursue every reasonable effort, including court ordered restitution, to obtain
recovery of City losses from the offender, or other appropriate sources.
Procedures
Mayor and City Council Responsibilities
:
If the Mayor or a City Council member has reason to suspect that a fraud has occurred,
he/she shall immediately contact the City Manager (or contact the City Attorney if the City
Manager is involved).
The Mayor or a City Council member shall not attempt to investigate the suspected fraud
or discuss the matter with anyone other than the City Manager.
The alleged fraud or audit investigation shall not be discussed with the media by any
person other than through the City Manager in consultation with the City Attorney and Human
Resources.
Management Responsibilities
:
Management is responsible for being alert to, and reporting fraudulent or related
dishonest activities in their areas of responsibility.
- 38 -
Rev. July 2014
172
Each manager should be familiar with the types of improprieties that might occur in
his/her area and be alert for any indication that improper activity, misappropriation, or dishonest
activity is or was in existence in his/her area.
When an improper activity is detected or suspected, management should determine
whether an error or mistake has occurred or if there may be dishonest or fraudulent activity.
If management determines a suspected activity may involve fraud or related dishonest
activity, they should contact their immediate supervisor (or contact the City Attorney or
Assistant City Manager if the City Manager is involved).
Department directors should inform the City Manager (or contact the City Attorney or
Assistant City Manager if the City Manager is involved).
Management should not attempt to conduct individual investigations, interviews, or
interrogations. However, management is responsible for taking appropriate corrective actions to
ensure adequate controls exist to prevent reoccurrence of improper actions.
Management should support the City’s responsibilities and cooperate fully with Human
Resources, other involved departments, and law enforcement agencies in the detection, reporting,
and investigation of criminal acts, including the prosecution of offenders.
Management must give full and unrestricted access to all necessary records and
personnel. All City furniture and contents, including desks and computers, are open to
inspection at any time. There is no assumption of privacy.
In dealing with suspected dishonest or fraudulent activities, great care must be taken.
Therefore, management should avoid the following:
a)Incorrect accusations.
b)Alerting suspected individuals that an investigation is underway.
c)Treating employees unfairly.
d)Making statements that could lead to claims of false accusations.
In handling dishonest or fraudulent activities, management has the responsibility to:
a)Make no contact (unless requested) with the suspected individual to determine
facts or demand restitution. Under no circumstances should there be any reference to
“what you did,”, “the crime,”, “the fraud,”, or “the misappropriation.”.
b)Avoid discussing the case, facts, suspicions, or allegations with anyone outside
the City, unless specifically told to do so by the City Attorney.
- 39 -
Rev. July 2014
173
c)Avoid discussing the case with anyone inside the City other than employees who
have a need to know such as the City Manager, Human Resources, City Attorney or law
enforcement personnel.
d)Direct all inquiries from the suspected individual, or his/her representative, to the
City Manager or City Attorney. All inquiries by an attorney of the suspected individual
should be directed to the City Attorney. All inquiries from the media should be directed
to the City Manager.
e)Take appropriate corrective and disciplinary action, up to and including dismissal,
after consulting with the Assistant City Manager, in conformance with the City’s
Personnel Policies and Procedures or the appropriate bargaining document.
Employee Responsibilities
:
A suspected fraudulent incident or practice observed by, or made known to, an employee
must be reported to the employee’s supervisor.
When the employee believes the supervisor may be involved in an inappropriate activity,
the employee shall make the report directly to the next higher level of management and/or the
City Manager (or contact the City Attorney or Assistant City Manager if the next higher level of
management and/or the City Manager is involved).
The reporting employees shall refrain from further investigations of the incident,
confrontation with the alleged violator, or further discussion of the incident with anyone, unless
requested by the City Manager, Human Resources, City Attorney or law enforcement personnel.
Human Resources Responsibilities
:
Upon assignment by the City Manager, Human Resources will promptly investigate the
fraud.
Human Resources shall be available and receptive to receiving relevant, confidential
information to the extent allowed by law.
If evidence is uncovered showing possible dishonest or fraudulent activities, Human
Resources will proceed as follows:
a)Discuss the findings with the appropriate management/supervisor and the
Department Director.
b)Advise management, if the case involves staff members, to meet with the
Assistant City Manager to determine if disciplinary actions should be taken.
c)Report to the external auditor such activities in order to assess the effect of the
illegal activity on the City’s financial statements.
- 40 -
Rev. July 2014
174
d)Coordinate with the City’s Risk Management insurer regarding notification to
insurers and filing of insurance claims.
e)Take immediate action in consultation with the City Attorney to prevent the theft,
alteration, or destruction of evidentiary records. Such action shall include, but is not
limited to :
1)Removing the records and placing them in a secure location, or
limiting access to the location where the records currently exist.
2)Preventing the individual suspected of committing the fraud from having
access to the records.
In consultation with the City Attorney, Human Resources may disclose particulars of the
investigation with potential witnesses if such disclosure would further the investigation.
If Human Resources is contacted by the media regarding an alleged fraud or audit
investigation, Human Resources will consult with the City Manager and the City Attorney, as
appropriate, before responding to a media request for information or interview.
At the conclusion of the investigation, Human Resources will document the results in a
confidential memorandum report to the City Manager and the City Attorney. If the report
concludes that the allegations are founded, the report will be forwarded to the La Quinta Police
Department.
Human Resources will be required to make recommendations to the appropriate
department for assistance in the prevention of future similar occurrences.
Upon completion of the investigation, including all legal and personnel actions, all
records, documents, and other evidentiary material, obtained from the department under
investigation will be returned by Human Resources to that department.
1.98 CELL PHONE USE POLICY.
Introduction.
The City recognizes that the use of personal cell phones has become prevalent in our society and
that employees rely on cell phones as a means of communication with family and friends. As
such, it is important for the City to clearly identify the parameters for use of personal cell phones
in the workplace. In addition, the City’s Cell Phone Policy addresses the parameters for using
City-issued cell phones for those employees requiring a cell phone in order to perform the
essential functions of their jobs.
- 41 -
Rev. July 2014
175
1.98.1 Personal Cell Phone Use.
Employees are not prohibited from carrying personal cell phones while at work, but must comply
with the following requirements.
1.Generally speaking, employees should neither send nor receive personal calls, text
messages, or e-mails during work hours, excluding break times and lunch periods. However, the
City recognizes that at times it may be necessary for employees to contact or be contacted by
family members. The City also recognizes that extraordinary circumstances may require an
employee to conduct personal business using their personal cell phone during working hours.
Abuse of this privilege shall be considered a violation of this policy.
2.Supervisors have the authority to restrict or prohibit use of personal cell phones at any
time on-the-job when they believe such situations or use may create a distraction or safety hazard
to the employee, co-workers, contractors, and/or the general public.
3.Calls to 911 or other emergency calls on personal cell phones during work hours are
permitted under this policy.
4.The use and/or wearing of “Bluetooth” or “hands-free” personal cell phone devices is
strictly prohibited during working hours, excluding break times and lunch periods.
5.Except as discussed below, employees are not allowed to talk, email or text on a personal
or city-owned cell phone while driving any vehicle, including City vehicles, while engaged in
City business. Use of a cell phone to make a call in other than a hands-free mode and texting or
emailing in other than a hands-free mode while driving (including at a stop sign or stoplight) is
prohibited by State law (Vehicle Code Section 23123.5). Wherever possible, phone use should
occur when the vehicle is pulled over off the road and safely stopped and the driver can devote
full attention to the phone call.
6.If an employee needs to use a personal cell phone for City business, the employee can
submit a request for payment for the minutes used, if those minutes take the employee over the
set limit of minutes under the employee’s plan.
7.Many personal cell phones have camera features. The camera features may not be used
in the workplace unless for City business. Camera phones can potentially violate the privacy of
co-workers or be used to take pictures of confidential or sensitive documents.
I.Cell Phone Stipend
a.The City of La Quinta recognizes that the performance of certain job
responsibilities may be enhanced by or may require the use of a cellular (cell) phone or a
Smartphone. The IRS considers these devices to be "listed property." As such, IRS
statutes (Title 26 U.S.C. section 274(d)(4)) require detailed record keeping including (a)
the amount of the expense, (b) the time and place of the call, and (c) the business purpose
for the call. The IRS can declare that all undocumented use of a cell phone is personal
and should be taxed as wages, even if the majority of the calls are for business purposes.
- 42 -
Rev. July 2014
176
b.In order to comply with IRS rules regarding the taxable nature of cell phone usage
by employees, as of September 1, 2014, the City of La Quinta will issue a cell phone
stipend for those employees who hold positions where the duties of that position require
the use of a cell phone. The benefits of such an approach include:
i.A call log is not required;
ii.Monthly reporting is not required;
iii.A single phone may be used for both personal and business purposes; and
iv.The stipend will not be considered taxable income to the employee.
II.Policy
Employees who hold positions that include the need for a cell phone (see eligibility criteria
below) may receive a cell phone stipend to compensate for business-related costs incurred when
using their individually-owned cell phones. The City will not own or provide cell phones for the
use of individual employees except in limited situations (e.g. field services, code
enforcement/animal control, on-call employees, select supervision, etc.).
III.Eligibility
a.Employees whose job duties include the frequent need of a cell phone for City
business may receive compensation, in the form of a monthly cell phone stipend, to cover
business-related costs. An employee is eligible for a personal phone stipend if at least one
of the following criteria is met:
i.The job function of the employee requires considerable time outside of
his/her assigned office or work area and it is important to the City that s/he is
accessible during those times;
ii.The job function of the employee requires him/her to be accessible outside
of scheduled or normal working hours where time sensitive
decisions/notifications are required;
iii.The job function of the employee requires him/her to have wireless data
and internet access; and/or
iv.The employee is designated as a "first responder" to emergencies.
b.An employee who only occasionally is contacted for business purposes is not
eligible for a stipend; however, s/he may submit a record of these expenses for
reimbursement.
IV.Stipend Plan
a.If an employee meets the eligibility requirements for use of a personal cell phone
for City business, as outlined above, a stipend may be requested in writing through
his/her Department Director.
b.Once approved, the stipend amount will be added to the employee's regular pay.
- 43 -
Rev. July 2014
177
In order to meet IRS guidelines, any amount added for cell phone equipment or for cell
phone service will be identified as a non-taxable benefit.
c.The stipend will be paid as a flat rate per month as outlined below. The City will
pay only the agreed upon amount,
d.The stipend allowance is neither permanent nor guaranteed. The City reserves the
right to remove a participant from this plan and/or cancel the stipend for business
reasons.
e.The City requires employees to have both voice and data service on their phone,
and the stipend is:
i.Voice and data - $40 per month (prorated for a partial month)
f.If an employee's job duties do not include the need for a cell phone, the employee
is not eligible for a cell phone stipend.
i.Such employees may request reimbursement for the actual extra expenses
of business cell phone calls on their personal cell phone.
ii.Reimbursement for per-minute "air time" charges is limited to the total
overage charge shown on the invoice; expenses for minutes included in the plan
will not be reimbursed.
iii.The individual should make personal payment to the provider, and then
should submit a request for reimbursement.
iv.Reimbursement documentation should identify the business purpose.
g.If an employee who is receiving a cell phone stipend is off work on an approved
leave of absence for a period of thirty (30) consecutive days or more and is not required
to use his/her cell phone for business purposes, that employee shall have the stipend
suspended for the period of the absence and restored when the employee returns to work.
V.Equipment Purchase
a.The City will not pay for the purchase or replacement of personal cell phones,
activation fees or insurance.
b.With the approval of the Department Director, an employee utilizing a City issued
cell phone may purchase the device from the City for conversion to personal use,
including the phone number. In order to maximize the monetary return to the City, the
Information Technology Department will utilize Clover Wireless to determine the market
value of the device.
- 44 -
Rev. July 2014
178
VI.Oversight, Approval & Funding
a.Department Directors are responsible for identifying employees in their
department who hold positions that include the need for use of a personal cell phone for
City business. Each department is strongly encouraged to review whether a cellular
device is necessary, and to select alternative means of communication -e.g., land-lines,
pagers, and mobile radios - when such alternatives would provide adequate and less
costly service to the City.
b.The Department Director is responsible for overseeing employee cell phone needs
and assessing each employee's continued need of a personal cell phone for business
purposes. The need for a cell phone stipend should be reviewed annually, to determine if
existing cell phone stipends should be continued as-is, changed, or discontinued.
c.The City Manager will have the final approval authority.
d.Stipends are funded by the department submitting the request.
VII.Employees Rights & Responsibilities
a.The employee is responsible for purchasing a cell phone and establishing a
service contract with the cell phone service provider of his/her choice. The cell phone
contract is in the name of the employee, who is solely responsible for all payments to the
service provider.
b.Because the cell phone is owned personally by the employee the stipend provided
is not considered taxable income and the employee may use the phone for both business
and personal purposes, as needed. The employee may, at his or her own expense, add
extra services or equipment features, as desired. If there are problems with service, the
employee is expected to work directly with the carrier for resolution.
c.Support from the City’s Information Technology (IT) Department is limited to
connecting a personally-owned PDA/Smartphone to City-provided services, including
email, calendar, and contacts.
d.An employee receiving a cell phone stipend must be able to show, if requested by
his/her supervisor, a copy of the monthly access plan charges and business related
documents confirming they continue to have a contract for the cell phone.
i.If the employee terminates the wireless contract at any point, s/he must
notify his/her supervisor within 5 business days to terminate the stipend.
e.The City does not accept any liability for claims, charges or disputes between the
service provider and the employee. Use of the phone in any manner contrary to local,
state, or federal laws will constitute misuse, and will result in immediate termination.
f.Any cell phone that has data capabilities must be secured based on current
- 45 -
Rev. July 2014
179
security standards including password protection and encryption. If a cell phone with data
capabilities is stolen or missing, it must be reported to the employee's supervisor, the
wireless device service provider, and to IT as soon as possible.
g.Employees are expected to delete all City data from the cell phone when their
employment with the City is terminated, except when required to maintain that data in
compliance with a litigation hold notice.
VIII.Cancellation
a.Any stipend agreement will be immediately cancelled if:
i.An employee receiving a cell phone stipend terminates employment with
the City.
ii.The employee changes position within the City which no longer requires
the use of a cell phone for business reasons.
iii.There is misuse/misconduct with the phone.
iv.A decision by management (unrelated to employee misconduct) results in
the need to end the program or there is a change in the employee's duties
v.The employee does not want to retain the current cell phone contract for
personal purposes.
1.98.2 City-Owned Cell Phone Use.
1.Certain employees are issued City-owned cell phones or Smartphones
(collectively referred to as “cell phones”) for City business. An employee who believes
he/she should have a City-owned cell phone should fill out a request and submit to the
Department Director, who has the authority to approve or disapprove the request.
However, it is expected that any employee who is required to use a cell phone in the
performance of his or her duties on almost a constant and ongoing basis shall be provided
a cell phone by the City at the City’s expense.
2.The City retains the right to: (1) review the bills for City-owned cell phones and
(2) require payment from the employee for all personal calls in accordance with IRS
regulations as they now exist, or as they may be amended in the future.
3.Employees issued a City-owned cell phone are responsible for properly caring for
it.
4.Employees are not allowed to install personal or other non-approved software or
applications on City-owned cell phones, or to disable any software installed by the City,
including virus protection systems.
5.All passwords or security codes must be protected and not given out to others.
The City’s IT Department must be provided with all current passwords or security codes.
- 46 -
Rev. July 2014
180
1.98.3 Subpoenas and Public Records Requests
All City employees who use either a personal cell phone or a City-owned cell phone for City
business should be aware that the content of emails, texts or phone calls dealing with City
business may be subject to subpoena or a Public Records Act request related to City business.
1.98.4 Violations of This Policy
Violations of the City’s Cell Phone Policy may subject the employee to disciplinary action under
the City’s Personnel Policies. Any questions regarding this Policy should be directed to Human
Resources.
1.99 COMPUTER LOAN PROGRAM:
All full-time employees who have completed probation are eligible for participation in the City’s
Computer Loan Program. This is strictly a volunteer program. Program parameters such as the
maximum loan amount, interest rate and scope of the program, will be evaluated on an annual
basis. The Computer Loan Program policy is attached as Exhibit A.
- 47 -
Rev. July 2014
181
SECTION 2: CLASSIFICATION AND SALARY PLAN
2.01 PURPOSE: The purpose of the classification and salary plan is to support the
recruitment, success, and retention of qualified and productive employees and to encourage and
reward activities that promote the City’s vision, mission and values as a highly performing
organization.
The City desires to recruit and retain individuals who are customer service oriented, demonstrate
initiative, are team players, and accept responsibility, authority and accountability for work
performance. Once employed, the City believes that incentives are critical if the employees are
to be successful in achieving the mission, goals and objectives of the City.
The City will offer appropriate developmental and advancement opportunities and recognize
performance with incentives for employee success, retention and professional development. The
City will administer this in an open, fair, and equitable fashion.
2.05 PREPARATION AND AMENDMENT OF CLASSIFICATION PLAN: The
classification system defines the general scope and complexity of the work required and
facilitates internal equity across all jobs within all departments of the City. The goal is to
establish a classification structure with broadly defined classes that reflect meaningful and
measurable differences in the level of work within each classification but maintains the
flexibility necessary for employee growth and efficient management.
The Employee Relations Officer shall determine the duties and responsibilities of all City
positions for inclusion in the Classification Plan. The Classification Plan shall be so developed
and maintained to ensure to the fullest extent possible that all positions which are substantially
similar with respect to duties, responsibilities, authority and character of work, are included
within the same classification, and the same schedules of compensation shall apply to all
positions in the same classification. Classification specifications are explanatory, but not
restrictive. The listing of particular tasks shall not preclude the assignment of other related kinds
of tasks or related jobs requiring lesser skills. The Classification Plan shall be adopted by a
resolution of the City Council. The Classification Plan may be amended or revised, as required,
and adopted by a resolution of the City Council.
2.10 ALLOCATED POSITIONS: The Employee Relations Officer shall approve the
appointment of employees to positions in the Classification Plan.
Only allocated positions which have been approved by City Council may be filled, provided that
the following positions can be approved by the City Manager without prior City Council
approval: 1) temporary; and 2) emergency.
2.15 NEW POSITIONS: When a new position is created, no person shall be appointed or
employed to fill the position prior to the position’s assignment to a classification, unless
otherwise provided by these Policies. The Employee Relations Officer shall amend the
Classification Plan to establish and assign an appropriate classification and rating for the new
position as approved by the City Council.
- 48 -
Rev. July 2014
182
2.20 CLASSIFICATION SPECIFICATIONS: The purpose of Classification Specifications is
to ensure that new hires are qualified and capable of performing the work required.
Classification Specifications shall contain a job description, as well as knowledge, skills,
abilities, education, experience, sample duties and other minimum qualifications for all
Classifications listed in the Classification Plan. The Employee Relations Officer shall maintain a
list of all City Council approved Classification Specifications. All Classification Specifications
shall be open for inspection in Human Resources by an employee or the public under reasonable
conditions during business hours subject to the availability of the Employee Relations Officer.
2.25 PREPARATION AND ADOPTION OF SALARY PLAN: The compensation system
reflects both internal equity and external parity within the various labor markets in which the
City must compete (both public and private sector). The system also rewards employees who
perform at above-standard levels within their respective job class. The Employee Relations
Officer shall prepare an annual Salary Plan that establishes the minimum through job rates of pay
for all City classifications and shall submit the Salary Plan to the City Council for its approval.
The Salary Plan shall be adopted by a resolution of the City Council. The Salary Plan shall be
amended or revised by adoption of a resolution of the City Council.
2.30 APPROPRIATE SALARY: Employees occupying a City position shall be paid a salary
or wage within the salary range established for that position’s classification under the adopted
Classification and Salary Plans.
2.35 BENEFIT PLAN: The City Council may, at its sole discretion, adopt a Benefit Plan that
establishes the benefits for all City Employees. This Benefit Plan is described in the Employee
Benefits Section of the City’s Compensation and Leave Policies.
- 49 -
Rev. July 2014
183
SECTION 3: TYPES OF APPOINTMENTS
3.05 TYPES OF APPOINTMENTS: Except for temporary vacancies, all vacancies shall be
filled by recruitment, transfer, promotion, or demotion; temporary appointments may be made in
accordance with these Policies.
3.10 PROBATIONARY APPOINTMENTS: Effective July 1, 2014, all initial appointments
made to a vacant regular position, shall be considered probationary for six (6) months from the
effective date of the appointment. Promotional appointments shall also be considered
probationary for six (6) months from the effective date of the promotional appointment. As
necessary, the probationary period for both initial and promotional appointments can be extended
an additional six (6) months if the Department Director or designee determines that the
probationary period shall be extended. The probationary employee shall be given notice in
writing prior to the expiration of the original probationary period.
Initial probationary employees are eligible for use of paid leave (sick leave, vacation and
bereavement leave) after the first (3) months. A promotional probation does not impact an
employee’s eligibility for leave.
The probationary period shall be regarded as part of the testing process and shall be utilized for
closely observing the employee’s work to determine the employee’s fitness for the position. A
probationary employee must demonstrate satisfactory performance in order to achieve permanent
status.
Periods of time on paid or unpaid leave exceeding thirty (30) days (consecutive or not) shall
automatically extend the probationary period by that number of days the employee is on leave.
If the probationary period is interrupted by military leave for a period which extends beyond half
of the probationary period, then the employee shall serve a new probationary period upon return.
An employee on initial probationary status may be suspended without pay, demoted or dismissed
by the City at any time, with or without cause, and without right of appeal. An initial
probationary employee has no property interest in continuing employment.
3.15 FULL-TIME APPOINTMENT: Employees who successfully complete their
probationary period and who regularly work a minimum of forty (40) hours per week (for
definitions of the work week for employees on the 9/80 Alternate Work Week Schedule, please
refer to the 9/80 Alternate Work Week Schedule Policy) shall become full-time regular
employees and shall be entitled to all of the benefits provided herein.
3.20 EMERGENCY APPOINTMENTS: To meet immediate requirements of an emergency
condition which threatens life or property, the Employee Relations Officer may create positions
and employ such persons as temporary employees as may be needed for the duration of the
emergency.
If not determined otherwise by an applicable provision or by an Emergency Operations Plan
approved by the City Council, the creation of positions and employment of temporary positions
shall occur as soon as possible, and shall be compensated at an appropriate hourly rate as
approved by the Employee Relations Officer.
- 50 -
Rev. July 2014
184
3.25 INTERIM APPOINTMENTS: If deemed to be in the best interests of the City, the
Employee Relations Officer may authorize and approve an interim appointment in order to fill
either a temporary (i.e. a maternity or military leave) or regular (i.e. an employee’s resignation or
termination) vacancy. If the position being filled on an interim basis would normally require
City Council approval (i.e. City Manager), the City Council shall authorize the interim
appointment.
An interim appointment may be authorized for a period not to exceed six (6) months from the
date of that appointment. The Employee Relations Officer may authorize an additional (6)
months extension for an interim appointment. All interim employees must meet the minimum
qualifications of the vacant position.
A regular employee may be assigned to another interim classification which is equal to or higher
than the employee’s regular classification. During the interim appointment period, the employee
will be assigned the title of the interim classification, at a salary that is at least five percent (5%)
higher than the current salary of the employee’s regular classification, for the duration of the
interim appointment if the interim classification is a higher grade. A regular employee assigned
to an interim classification which is not represented by the La Quinta City Employees’
Association will have their membership suspended during the term of the interim appointment.
While serving in an interim capacity, a regular employee shall receive any benefits of the interim
classification which are over and above the employee’s regular benefits. If an employee
receiving overtime benefits is assigned to an interim classification which does not receive
overtime benefits, the employee shall not receive overtime pay for the duration of the interim
period. The employee shall receive the prorated Administrative Leave benefits of the interim
classification. A regular employee, in an interim classification, shall continue to accrue seniority
in their regular classification and shall be eligible to receive merit increases in the regular
position.
An interim employee who is not currently a City employee shall be compensated as outlined in a
written employment contract.
If an interim employee is appointed to the position which the employee has been filling on an
interim basis, any time worked in the interim position may be applied towards fulfilling the
required probationary period.
Interim appointments shall not be construed to create or imply any right in any employee to be
permanently appointed to the job classification position that the employee is filling on an interim
basis. At the expiration of any interim appointment, the employee shall return to the employee’s
regular job classification and shall also return to the rate of pay which corresponds to the regular
classification as if the employee never left the classification.
This section shall not be construed to prohibit the employment by contract of a person or entity
to provide services to the City of an interim, indefinite, or other basis.
3.30 “WORKING OUT OF CLASS”: When an employee is assigned to significant duties and
responsibilities of an authorized job classification with a higher salary range on a full-time basis
for more than twenty-five (25) consecutive working days (which includes each “Regular Day
- 51 -
Rev. July 2014
185
Off” for employees participating in the Alternate Work Week Schedule) or more than fifty (50)
working days in a twelve (12) month period, a temporary salary adjustment shall be made to a
higher salary range and appropriate step therein until the employee ceases to perform such out-
of-class work. It is the City’s intent to avoid working an employee on an out-of-class assignment
for a prolonged period.
An employee who believes that he/she has worked out-of-class for more than twenty-five (25)
consecutive working days or more than fifty (50) working days in a twelve (12) month period
may submit a written request for an out-of-class pay adjustment to the Department Director
within ten (10) working days after the employee has allegedly qualified for the out-of-class pay
adjustment. The Department Director shall review the request and forward a recommendation
thereon to the Employee Relations Officer within five (5) working days after completing a job
audit. The Employee Relations Officer shall render a decision thereon within five (5) working
days after receipt of the Department Director’s recommendation.
If the Employee Relations Officer determines that the employee has been working out-of-class
for more than twenty-five (25) consecutive working days, the employee will be paid out-of-class
pay effective on the 26th day and for each successive day the employee works out-of-class.
If the Employee Relations Officer determines that the employee has been working out-of-class
for more than fifty (50) working days within any twelve (12) month period, the employee will be
paid out-of-class pay effective on the 51st day and for each successive day during the twelve (12)
month period in which the employee works out-of-class.
In determining the appropriate salary for purposes of calculating out-of-class pay, the employee
shall be compensated at the salary in the appropriate salary range which is at least five (5%)
percent higher than the salary the employee held in the previous salary range. If the employee is
subsequently appointed to the higher-level position, the employee may apply time accumulated
while working out-of-class towards fulfilling any required probationary period. If and when the
employee returns to the employee’s former position, the employee shall also return to the lower
base pay.
A regular employee working out-of-class shall continue to accrue seniority in his/her regular
classification and shall be eligible to receive salary increases in the regular position.
Nothing herein shall be construed as limiting management’s authority to assign City employees
temporarily to different or additional work duties and responsibilities for the purpose of
responding to emergencies. Temporary assignment, while responding to an emergency, will be
for no more than three (3) months duration, but may be extended for an additional three (3)
months with Employee Relations Officer approval.
Nothing herein shall prevent an employee from receiving an interim promotion to fill a position
temporarily as a result of a vacancy, leave of absence, or industrial injury. Such an employee
shall be compensated in accordance with Section 3.15.
3.35 TRANSFER: An employee may transfer from their present position to a vacant position,
in the same classification, within the same department or to another department. For purposes of
this Section, a comparable classification is defined as one with the same salary range which
- 52 -
Rev. July 2014
186
involves the performance of similar duties that require substantially the same general
qualification. A transferred employee shall retain their rate of pay and their anniversary date for
purposes of leave accruals.
No employee shall be transferred to a position for which the employee does not possess the
minimum qualifications. A transfer shall not be used to effect a promotion, demotion,
advancement or reduction in pay. An employee who transfers to a lower position may be Y-
rated. The employee who desires to transfer must request the transfer, in writing, through the
Employee Relations Officer.
The Employee Relations Officer is under no obligation to notify employees of each potential
transfer opportunity. Once the transfer request is received by the Employee Relations Officer,
the Employee Relations Officer shall inform the Department Director of the request. The
transfer must be approved, in writing, by the Employee Relations Officer.
Unless otherwise provided for in these Policies, an employee must be employed with the City for
at least six (6) months, or until the employee has completed their probationary period, before
applying for a transfer. An employee may be requested to defer their transfer until their current
position has been filled, but typically, two-week notice will be given to the employee’s current
department.
A request for transfer to a vacant position may be initiated by an employee or the employee’s
Department Director. The Employee Relations Officer may order a transfer for the purposes of
economy, efficiency, or for reasons related to the best interests of the City. Such a determination
by the Employee Relations Officer shall not require the consent of the employee or the
Department Director.
3.40 PROMOTION: When it has been determined by the City that a vacant position will be
filled by promotional appointment, the Employee Relations Officer shall authorize a competitive
promotional examination in order to fill the position, as set forth in these policies.
When an employee is appointed to a promotional position, that employee shall be paid the salary
in the higher salary range which is at least five percent (5%) higher than the salary he/she
received in the lower range, in accordance with the provisions of Section 5.15. Any employee
who is promoted within City service shall be required to complete a six-month probationary
period in the new position successfully. If the employee’s former position is still vacant, the
department director may recommend that the employee be reinstated to the former position. This
reinstatement must be approved by the Employee Relations Officer. If the employee’s former
position is not vacant, the employee may be appointed to a position of the same classification in
a different department with the recommendation of the Department Director and approval by the
Employee Relations Officer. If no vacancy exists, the employee will be laid off from City
employment.
In the event a Level I position is eliminated and replaced with a Level II position, the City agrees
to first consider employees in the Level I position, and to make every reasonable effort to
promote an existing employee to the new Level II position. However, if after due consideration
- 53 -
Rev. July 2014
187
of existing employees, the City determines that no employee is qualified for promotion, the City
retains the right to conduct outside recruitment.
3.45 DEMOTION: An employee may be demoted because the employee’s ability to perform
the required duties of their position falls below standard, for disciplinary purposes, or for any
other reasons as outlined in these Policies. No employee shall be demoted to a position for
which the employee does not possess the minimum qualifications. The position which has been
made vacant by demotion shall then become subject to the provisions of these Policies which
govern appointments.
An employee shall not be required to serve a probationary period in the position to which the
employee is demoted unless the employee has not competed the probationary period in the
higher position. In such cases, the employee shall be required to complete their unfinished
probationary period in the lower position.
3.45.1 Involuntary Demotion: An involuntarily demoted employee, who is placed in a position
at a lower salary than the position the employee formerly occupied, shall be placed at the salary
which is closest to, but lower than, the employees’ salary rate in the employee’s former position.
A demotion which is effected for disciplinary reasons, pursuant to Section 9.35, shall be subject
to the disciplinary appeals process.
3.45.2 Voluntary Demotion: A voluntary demotion to a lower post and lower salary may be
requested by an employee for any reason. Such a voluntary demotion shall require the approval
of the Employee Relations Officer, employee’s present Department Director, and the Department
Director under whom the employee will serve, if applicable.
The voluntarily demoted employee shall be placed in the salary which is closest to, but lower
than, the employee’s salary rate in the employee’s former position. In lieu of a reduction in
salary, the Employee Relations Officer may approve a Y-rated salary for a voluntarily demoted
employee.
3.50 RECLASSIFICATION: The Classification Specifications will be reviewed by the
Department Director and Human Resources periodically to ensure they meet current needs. The
Employee Relations Officer will facilitate the review process. Existing positions, where the
duties have changed materially so as to necessitate reclassification, shall be reclassified by the
Employee Relations Officer to a more appropriate classification, whether new or existing. The
Employee Relations Officer must approve all new classifications. The City Manager is
responsible for reclassifications to all Department Director and executive positions. Regardless
of the circumstances, the Employee Relations Officer may require a competitive examination,
and no incumbent shall have a right to be appointed to a reclassified position. No person shall be
appointed or employed to fill a reclassified post unless the said reclassified position has been
incorporated in the Classification Plan and approved by City Council, as provided by these
Policies.
The employee or Department Director may submit a request for a job audit to the Employee
Relations Officer who shall determine if the reclassification is justified and provide a
recommendation to the City Manager for approval.
- 54 -
Rev. July 2014
188
The Employee Relations Officer will respond to requests for reclassification, and will assist with
the revision of Classification Specifications anddevelopment of new Classification
Specifications within the broad class concept, as necessary to meet the ongoing operational
requirements of the City.
Reclassification shall not be used for the purpose of avoiding restrictions concerning demotions,
promotions, or unit modifications. The Employee Relations Officer may conduct objective,
noncompetitive examinations to establish qualifications for the position.
The salary of an employee in a position that is reclassified shall be determined as follows:
3.50.1 Classification with Same Salary Range: If the position is reclassified to a Classification
with the same salary range as the previous Classification, and if the incumbent is appointed to
the reclassified post, the salary rate of the employee shall not change. The provision shall also
apply to the change of Classification title, provided there is no change in the basic duties of the
Classification.
3.50.2 Classification with Higher Salary Range: If the position is reclassified to a Classification
with a higher salary range than the previous Classification, and if the incumbent is appointed to
the reclassified position, the employee shall be compensated at the salary in the new salary range
which comes nearest to, but is not lower than, the salary the employee held in the previous salary
range.
Employees who are reclassified will not receive any adjustment in their base compensation
unless the salary range for the Classification into which they are reclassified has a minimum
salary that exceeds the employee’s current salary.
3.50.3 Classification with Lower Salary Range: If the position is reclassified to a Classification
with a lower salary range than the previous Classification, and if the incumbent is appointed to
the reclassified position, the Employee Relations Officer may approve a Y-rate salary for the
employee if the employee is at or above the job rate of the salary range.
Otherwise, the employee’s new salary at the lower salary range shall be placed at a salary rate
which yields a salary closest to, but not less than, the current salary. Benefits may be Y-rated, as
specifically approved by the Employee Relations Officer.
The effective date of reclassification shall coincide with the first working day of a pay period
after the reclassification is approved by the Employee Relations Officer and the new
Classification is adopted by City Council, if necessary.
3.50.4 Reclassification to Position with Higher-Level Qualifications: Incumbents who do not
meet the minimum qualifications of the new Classification to which they are assigned, will be
grandfathered in but will be required to acquire the applicable knowledge and/or skills within a
reasonable time period as determined by the Department Director so that they qualify for the job.
Where practical and feasible, the City will work with the employee to identify and obtain the
requisite training and/or skills.
- 55 -
Rev. July 2014
189
3.55 LAYOFFS/REDUCTION-IN-FORCE/RECALL: Subject to City Council approval, the
Employee Relations Officer may lay off permanent and probationary workers at any time based
upon: 1) lack of work; 2) budgetary reasons; 3) elimination of programs; or 4) elimination of
services. At least two (2) weeks written notice shall be given to any employee who is to be laid
off. If less than two weeks’ notice is provided, the employee will be paid for the difference
between the date of layoff and two weeks.
At the sole discretion of the Employee Relations Officer, a demotion or transfer to another
department or Classification may be made to prevent a layoff, provided the employee is qualified
by education and/or experience and is capable of performing the duties of the Classification. The
Department Directors, in consultation with the Employee Relations Officer, and as approved by
the City Manager, will affect the layoffs.
Reduction in Force (RIF): When it becomes necessary to reduce the work force in the City, the
Employee Relations Officer shall designate the Classification, division, department, or other
organizational unit in order to effect a reduction in the work force. Contract, temporary, part-
time, seasonal, or probationary employees in the same Classification as ones proposed to be
reduced within the City shall be laid off first. Although the Employee Relations Officer may
elect to do so, he/she is not required to allow laid off employees to “bump” employees in other
Classifications unless the employee has previously successfully held a position in another
Classification, in which case the laid off employee would be considered for layoff, if any, from
the previously held Classification, along with others in that Classification, in accordance with the
“Order of Layoff” set forth below.
Probationary promotional employees who are laid off shall, if applicable, be returned to their
former Classification. Employees who accept lower positions or transfers in lieu of layoff shall
be placed at a salary range and step which yields a salary closest to existing salary at the time of
the giving of notice of layoff.
Order of Layoff: The order of layoff of regular employees shall be made in accordance with a
system which favors retention of the more meritorious employees, based upon evaluation of the
following factors in the listed order of importance:
A. The two most recent performance evaluation records as finalized and/or filed in
Human Resources, except when an employee has less than two years of service with the
City. In that case, only one performance evaluation will be used.
B. Documents of disciplinary actions during the preceding twenty-four (24) months.
C. Seniority (length of service in a career position)
a. in the City; and
b. in the Classification; and
c. in the department.
Order of Layoff Protocol:
Comparisons will be based on the Overall Performance Rating for each employee;
- 56 -
Rev. July 2014
190
Plus/minus symbols added to any letter rating will be ignored;
Letter rating order (i.e., better in 2012 than 2011) will carry no significance or weight;
and
If two employees are rated by different supervisors in different departments (i.e., an
Office Assistant in City Clerk’s Office vs. an Office Assistant in Community Services), their
evaluations will be deemed equivalent (unless one of the two has received an overall rating of
Below Expectations, Needs Improvement or Unsatisfactory) for purposes of determining layoffs,
and any disciplinary action in their file will then become the primary determinant, followed by
seniority, if necessary.
Other exceptional circumstances to deviate from this policy may include the desirability of
maintaining a department or work unit with adequate staffing to perform required service, and
maintaining employees in the Classification, department or section who have demonstrated the
ability to perform work available.
Seniority: Seniority is determined from the day of official appointment to a City department as a
regular employee, provided that any regular employee who, as a result of promotion, transfer or
voluntary demotion, is appointed to a regular position in another department shall, for purposes
of layoff, carry seniority previously acquired over to the new department.
Seniority shall continue to accrue during periods of vacation, sick leave, layoff not exceeding
two (2) years, any authorized leave of absence of less than three (3) months, or any call to
military service for the duration of the call to duty. Seniority shall not accrue during any other
break in continuous service, unless required by law.
Other Policies: Any employee who receives an involuntary transfer (except for disciplinary
transfers) shall have automatic “bumping rights” to the Classification said employee was
involuntarily transferred from for up to six (6) months from the effective date of the involuntary
transfer in the event of layoff.
Recall List: The name of every regular employee who is laid off, transferred or demoted to a
Classification in the same department for longer than one pay period due to a Reduction-in-Force
shall be placed on the Recall List maintained by the Employee Relations Officer. Vacancies to
be filled within a department shall be offered, first in order of performance, to individuals named
on the Recall List who, at the time of the Reduction-in-Force, held a position in the same job
classification within the department as the vacancy to be filled.
Individual names may be removed from the Recall List by the Employee Relations Officer for
any of the following reasons:
A. The expiration of two (2) years from the date of placement on the list.
B. Reemployment with the City in a regular full-time position in a department other
than that from which the employee was laid off.
- 57 -
Rev. July 2014
191
C. Failure to respond within fourteen (14) calendar days of mailing of a certified
letter regarding availability for employment.
D. Failure to report to work within fourteen (14) calendar days of mailing of a
certified letter containing a notice of reinstatement to a position, absent mitigating
circumstances.
E. Request in writing to the Employee Relations Officer to be removed from the list.
Status on Reemployment: A regular employee who has been laid off or terminates in lieu of
reassignment and is reemployed in a regular position within two (2) years from the date of
his/her layoff or termination shall be entitled to:
A. Buy-back and therefore restoration of all sick and vacation leave credited to the
employee’s account on the date of layoff or termination and at the same rate as it was
sold originally. This restoration must be requested in writing within thirty (30) days of
returning to work, and must be fully paid back within six (6) months of the return to
work.
B. Restoration of seniority accrued prior to and during layoff.
C. Credit for all service prior to payoff for the purpose of determining the rate of
accrual of vacation leave.
D. Placement in the salary range as if the employee had been on a leave of absence
without pay if he/she is reinstated to the same Classification in the same department from
which he/she was laid off or terminated.
Continuation of Benefits: Those who are laid off shall have their medical insurance benefits
continued to the end of the second month following the date of their layoff in the event that they
are not covered by another medical plan at that time.
- 58 -
Rev. July 2014
192
SECTION 4: RECRUITMENT AND SELECTION
4.05 EQUAL EMPLOYMENT GOALS AND POLICIES: In adopting these Policies, it is the
goal of the City to employ the most qualified individuals and to achieve excellence in meeting
the needs of the community.
Employment and promotion in the City shall be based upon merit and qualifications and shall be
free from political influence and discrimination based upon race, religious creed, color, national
origin, ancestry, gender, gender identification, medical condition, marital status, sex, pregnancy,
age, sexual orientation, domestic partnership status, military and veteran status, or mental or
physical handicap, unless physical ability is a bona fide occupational qualification.
Although not expressed in the Classification Specifications or job announcements, all persons
applying for or holding any position in the City shall be required to meet the following general
qualifications including, but not limited to: integrity, thoroughness, accuracy, good judgment,
initiative, resourcefulness, courtesy, ability to work cooperatively with others, willingness and
ability to assume and fulfill the responsibilities of the employment, and physical and mental
ability to perform the essential functions of the job with or without reasonable accommodation.
Where the position requires the driving of a motor vehicle, the applicant or employee must have
a valid California Driver’s License, which must remain valid at all times, and is expected to drive
the motor vehicle safely.
The foregoing general qualifications shall be deemed part of the minimum qualifications of each
Classification Specification or job announcement and need not be specifically set forth therein.
4.10 PERSONNEL REQUESTS: To initiate the filling of an authorized vacant position, the
responsible Department Director shall submit to the Employee Relations Officer a written
request containing at least the following information:
4.10.1 The Classification (job) title;
4.10.2 The justification for the position, including its budgeted salary, and
4.10.3 The duties, responsibilities and qualifications of the position in accordance with the
Classification Plan.
Each request shall be reviewed by the Employee Relations Officer and approved by the City
Manager.
4.15 JOB ANNOUNCEMENTS: Job announcements providing information about the
position, its title and pay, its major responsibilities and duties, minimum and other qualifications,
where and when to apply, and the last day on which applications will be accepted shall be
prepared and distributed by Human Resources. All positions to be filled will be publicized by
posting announcements on the City’s official website and in such other places deemed advisable
by the Employee Relations Officer.
- 59 -
Rev. July 2014
193
4.20 PERSONNEL APPLICATIONS: Applications for employment, transfer, or promotion
with the City shall be made on forms provided by Human Resources. All information required
by the application shall be provided and the applicant shall certify as to the truth thereof.
Resumes and other supplementary information may be submitted and attached to the application
for consideration, but may not be used as a substitute for the application. All applications must
be signed and dated by the applicant. Only original applications will be accepted, no facsimile
copies will be accepted.
4.25 DISQUALIFICATION OF APPLICATIONS: The Employee Relations Officer or
designee shall reject an application, or after examination, shall disqualify or remove the
applicant’s name from an eligible list, if the applicant:
A. Has made false statements of any material fact, or practiced any deception or
fraud on the application, declarations or in securing eligibility or appointment;
B. Is found to lack any of the requirements, certifications, or qualifications for the
position involved;
C. Is physically or mentally unable to perform the essential functions of the job, with
or without reasonable accommodation;
D. Is a current user of illegal drugs;
E. Is a relative of an employee, and is subject to the Nepotism Policy;
F. Has been convicted of a crime, either a misdemeanor or felony, that relates to the
position duties that the applicant would perform;
G. Used or attempted to use political pressure or bribery to secure an advantage in
the examination or appointment;
H. Directly or indirectly obtained information regarding examinations;
I. Failed to submit the employment application correctly or within the prescribed
time limits;
J. Has had his or her privilege to operate a motor vehicle in the State of California
suspended or revoked, if driving is job related;
K. For any material cause which in the judgment of the Employee Relations Officer
or designee would render the applicant unfit for the position, including a prior resignation
from the City, termination from the City, or a significant disciplinary action.
Any of the above cited grounds for disqualification, may be cause for termination or other
disciplinary action if the applicant is or subsequently becomes an employee of the City.
- 60 -
Rev. July 2014
194
4.30 RECRUITMENT: It shall be the City’s policy to recruit and hire the best qualified
persons available regardless of race, religious creed, color, national origin, ancestry, gender,
gender identification, medical condition, marital status, sex, pregnancy, age, sexual orientation,
domestic partnership status, military and veteran status, or mental or physical handicap, unless
physical ability is a bona fide occupational qualification.
While recognizing the need for introduction of persons from outside City employment at all
levels, the policy of the City is to transfer or promote persons employed by the City when their
qualifications, training, work performance, and work experience are determined to be
comparable to applicants from other sources.
The Employee Relations Officer shall determine whether the recruitment shall be open or
promotional, on the basis of ensuring an adequate number of candidates with appropriate skills to
constitute a competitive process. The decision of the Employee Relations Officer to conduct an
open or promotional recruitment shall be final.
Except as specifically provided otherwise in these Policies, selection for a position in City
employment shall be by one of the following types of examinations:
A. Open Competitive: Examinations which are open to all persons who possess the
indicated minimum qualifications as set forth in the job announcement. Applicants for
open competitive examinations may, but are not required to be, employees of the City.
B. In-House Competitive: Examinations which are open only to City employees
who possess the indicated minimum qualifications as set forth in the job announcement.
Any variations to these procedures shall be reviewed by the Employee Relations Officer and
approved in writing by the City Manager.
4.35 EVALUATION OF APPLICATIONS: Each application shall be reviewed to determine
if the applicant satisfies minimum educational experience, type and years of job related
experience, certificates or licenses and any other requirements.
Selection techniques shall be impartial and relate to those areas which will adequately and fairly
indicate the relative capacity of the applicants to perform the duties and responsibilities of the
position to which they seek appointment.
The selection procedure may consist of personal interviews, performance tests, evaluation of
work performed, work samples, assessment centers, other written tests, review and investigation
of personal background and references, medical examination, psychiatric examination, or any
combination thereof. The Employee Relations Officer may, at his/her discretion, include as a
part of the examination process, tests which determine whether applications meet minimum
qualifications.
In all examinations, the minimum grade or standing for which eligibility may be earned may be
based upon all factors in the examination, including educational requirements, experience and
other qualifying elements as shown in the application of the candidate of other verified
- 61 -
Rev. July 2014
195
information. Failure in one part of the examination may be grounds for declaring the applicant
as failing in the entire examination, or as disqualified for subsequent parts of an examination.
4.40 CANDIDATES’ EXAMINATION INSPECTION: By appointment with the Employee
Relations Officer, an applicant shall have the right to review his/her own written test, interview
scores or other test results within ten (10) working days after announcement of the recruitment
results. However, no applicant shall be allowed to examine the test key as part of his/her
examination inspection. The names of all interviewers shall be kept confidential.
Any error in rating or grading shall be corrected if it is called to the attention of the Employee
Relations Officer at the time the applicant reviews his/her examination. Any applicant whose
corrected score meets or exceeds the examination’s established passing score will be placed on
the applicable eligibility list for the position, if one exists. Any correction shall not invalidate an
appointment or offer of employment that has been made previously.
4.45 NEPOTISM POLICY: Except as specified below, an applicant for employment by the
City who has a relative employed by the City may not be denied the right to apply for
employment and compete in the examination process. Following the examination, if the
applicant is successfully certified as eligible for employment, the applicant may be denied
employment if the Employee Relations Officer and the City Manager determine that such
employment would create a prohibited relationship. A prohibited relationship may result under
the following circumstances:
1. One employee would have a supervisor-subordinate relationship with another
member of his/her immediate family (as defined in Section 1.25.57).
2. Two members of the same immediate family would be under the jurisdiction of
the same immediate supervisor.
3. One employee would have access to confidential or financial information
concerning another member of his/her immediate family.
4. One employee would have the power or authority to make recommendations or
decisions about another member of his/her immediate family which could or would have
a financial or other impact upon the employee’s relative.
5. One employee would have the authority to discipline a member of his/her
immediate family.
The City Manager reserves the right to identify additional circumstances in which a prohibited
relationship may occur.
Any immediate family member of the City Manager, Finance Director or Employee Relations
Officer will not be considered for employment in any capacity by the City. For the purposes of
this paragraph, immediate family member is defined as: grandparent, parent, spouse, child, aunt,
uncle, or first cousin by marriage, adoption or blood.
- 62 -
Rev. July 2014
196
When the eligible candidate is refused appointment by virtue of this section, the name of the
candidate shall remain on the eligibility list for openings in the same classification as otherwise
provided in these policies, where no prohibited relationship may occur.
In no case may an employee participate directly or indirectly in the recruitment or selection
process for a position for which the employee’s relative has filed an employment application.
Where two relatives are working in the same department, division or office at the time these
policies are adopted, or if an event occurs in which a familial relationship is established between
two employees who work in the same division or office (i.e., if a marriage results in a spousal or
in-law relationship), the relationship shall not be deemed as “prohibited relationship” unless the
employees’ mutual employment creates a legal conflict of interest.
As stated above, if a familial relationship exists or is established, the employees may continue in
their positions so long as the conditions of a prohibited relationship are not met. If, in the
determination of the Department Director, such a prohibited relationship does or would exist, the
Department Director shall submit the reasons for his/her determination to the Employee
Relations Officer for review.
The Employee Relations Officer shall have one (1) week to investigate the Department
Director’s findings and determine if a prohibited relationship does exist.
If the Employee Relations Officer’s review confirms the existence of a prohibited relationship,
he/she shall submit his/her findings to the City Manager who will make the final determination
as to the existence of a prohibited relationship and inform the Employee Relations Officer. At
this time, the Employee Relations Officer and Department Director shall promptly inform the
employees of the City’s intention to transfer one of the employees to a vacant position of
comparable pay and duties in another City division or office, provided that the transferee is
qualified therefore and that no offer of employment to fill the vacant position has been made to
any other eligible candidate.
If a position of comparable pay and duties is not open but one in a lower classification is vacant,
either of the employees may elect to voluntarily demote to the lower position, provided that the
vacant position is in another department, division or office; that the employee is qualified to fill
the position; and that the position has not been offered to another candidate. Any voluntary
demotion which occurs as a result of this section shall be in accordance with the provisions set
forth in Section 3.45.2. In the event that a transfer or voluntary demotion is not feasible within
the time limit set herein, the affected employees shall decide which of them will resign from City
employment.
If a transfer or voluntary demotion is not feasible and neither employee has submitted a letter of
resignation within three weeks following determination that a prohibited relationship exists, the
Employee Relations Officer and Department Director, with approval of the City Manager, shall
determine which of the employees shall be terminated in good standing.
Regardless of which procedure is utilized (transfer, voluntary demotion, resignation, or
termination in good standing) it shall become effective one month after the City Manager has
concurred with the Employee Relations Officer’s determination that a prohibited relationship has
- 63 -
Rev. July 2014
197
been established. This one-month limit may be extended up to an additional two months with
written approval of the Employee Relations Officer, provided that personal or organizational
considerations mandate such an extension.
Except as hereinafter provided, an employee who has been terminated in good standing because
of the operation of this section may be reinstated to the position which he/she held at the time of
termination, or to a position of equal seniority, status and pay. In order to be eligible for
reinstatement, he/she must be reinstated to a position in a department, division or office where a
prohibited relationship would not be established (or reestablished); the position must be open;
and the employee must meet the qualifications for the position. This right of reinstatement shall
be effective only through the 90-day period immediately following the effective date of
termination, and the terminated employee shall have the same right to reinstatement as
employees who have voluntarily resigned in good standing, up to an additional nine months.
The decision of the City Manager, based upon his/her review and recommendations of the
Department Director and Employee Relations Office to transfer, voluntarily demote, resign, or
terminate an employee in good standing (pursuant to this section), is not subject to any appeal or
grievance procedure.
4.50 DRIVING SAFETY CHECK: A verifiable and acceptable driving record shall be
required of each final candidate for employment whose position requires the employee to drive a
City vehicle, or personal vehicle on City business, as an essential function of the job. The
Employee Relations Officer shall have the right to conduct periodic, random verification of
driving records of employees.
Driving a City vehicle without possessing a valid driver’s license is not permitted and may result
in disciplinary action up to and including termination. Employees shall notify their Supervisors
immediately if their license is expired, suspended, or revoked.
4.55 ELIGIBILITY LISTS: Lists of applicants to be considered for job openings in a
particular classification may be established for open competitive or promotional competitive
positions. An eligibility list shall be a list of persons who have taken an open competitive or
promotional competitive examination for an advertised City position and have qualified for said
classification. Each such list shall bear an expiration date. The hiring department may appoint
any candidate on the eligibility list, regardless of ranking, provided all candidates with higher
rankings have been interviewed.
Eligibility lists shall remain in effect for six (6) months or until exhausted, whichever occurs
first. In addition, a Department Director can request from the Employee Relations Officer that a
supplemental list be prepared at any time that an eligibility list is in effect if all candidates on the
initial eligibility list have been interviewed and the Department Director does not feel that there
is an appropriate match. An eligibility list may be terminated at any time when less than three
(3) eligible candidates remain.
The Employee Relations Officer, upon either the Employee Relations Officer’s determination or
the recommendation of the Department Director, may remove a name from an eligibility list for
any of the following reasons:
- 64 -
Rev. July 2014
198
A. If the eligible person accepts an appointment with the City to a regular position of
the same or higher classification. Acceptance of a temporary appointment at any level
will not in itself be cause for removal from an eligibility list. An eligible person may
refuse an appointment to a particular position and request to remain on the eligibility list.
B. If the eligible person requests in writing removal from the list.
C. If the eligible person fails to respond within fourteen (14) calendar days to a
notification or letter which has been mailed to the person’s last address on file with the
City.
D. If the eligible person is unable to accept any offered position.
E. If a person on a promotional eligibility list resigns from City employment.
F. If other circumstances, such as conviction of a crime involving moral turpitude or
loss of a required license, make the person ineligible.
Placement on an eligibility list does not guarantee employment with the City of La Quinta.
If a vacancy exists in a classification for which there is no appropriate eligibility list, the
Employee Relations Officer may prepare a list from one or more existing related lists by
selecting names of eligible applicants from eligibility lists for classifications which are assigned
to the same or higher pay range and which have minimum qualifications similar to those of the
classifications in which the vacancy exists.
4.60 FINAL DECISIONS OF SELECTION: The Department Director or designee shall
recommend a final candidate for appointment to a vacant position to the Employee Relations
Officer. All appointments shall be subject to Employee Relations Officer’s review and City
Manager’s final approval before becoming effective. If the selected candidate accepts the
appointment and reports for duty within the agreed upon time, the applicant shall be deemed
appointed to the position.
If the selected candidate does not report to duty within the agreed upon time, the candidate shall
be deemed to have declined the appointment. By mutual agreement of the Department Director,
the Employee Relations Officer and the candidate, the date of the appointment may be changed.
4.65 PRE-EMPLOYMENT PHYSICAL: Each person accepting employment with the City
shall be required at the City’s option to successfully complete a pre-employment physical at a
City designated medical facility at City cost before an appointment to such employment becomes
effective.
This Section shall also apply to changes of employment within the City when the new position
places substantially more physical demands upon the employee. The results of the examination
shall be kept confidential in a separate file and shall be viewed only to assess whether the
employee has the ability to perform the essential functions of the job, with or without reasonable
accommodation.
- 65 -
Rev. July 2014
199
4.70 EMPLOYMENT ELIGIBILITY VERIFICATION: At the time of employment, all
persons employed by the City of La Quinta shall be citizens of the United States or legal
residents for purposes of employment.
4.75 PROBATIONARY PERIOD: The first six (6) months, or any duly extended period, of
all initial or promotional appointments in a regular position shall be deemed a probationary
period. The probationary period shall commence upon the effective date of the appointment.
During the probationary period for an initial appointment, an employee may be terminated
without the right of appeal, hearing, or resort to any grievance procedure. The probationary
period (of either an initial or probationary appointment) may be extended up to an additional six
(6) months, at the discretion of the Employee Relations Officer. The decision to extend the
length of an employee’s probationary period must be made prior to the expiration of the original
probationary period. Such a decision shall not be appealable or grievable.
An employee who fails to complete the employee’s promotional probationary period
satisfactorily may be reinstated to the position in the same Classification from which the
employee was promoted, depending upon availability of the position, unless discharged from the
City service as provided in these Personnel Policies.
4.80 CRIMINAL CONDUCT - INELIGIBILITY FOR EMPLOYMENT: Except as otherwise
hereinafter provided, no person convicted of a misdemeanor involving moral turpitude or a
felony shall be eligible for employment in the service of the City; however, the Employee
Relations Officer may disregard such conviction if he/she finds and determines that mitigating
circumstances exist, such as, but limited to, evidence of rehabilitation, length of time elapsed
since such conviction, the age of such person at the time of conviction, or the fact that the
classification applied for is unrelated to such conviction.
Only the City Manager, City Attorney, and the Employee Relations Officer are authorized to
have access to the “State Summary Criminal History Information” as provided for in Section
11105 of the Penal code of the State of California.
4.85 RESIGNATION: Employees who desire to terminate their service with the City should
submit a written resignation to the Department Director at least two (2) weeks prior to the
effective date of the resignation. The resignation becomes effective when received or confirmed
in writing by the City. The resignation may be revoked upon mutual consent of the employee,
Department Director and the Employee Relations Officer up to the effective date of the
resignation. Failure to comply with this requirement may be cause for denying future
employment with the City.
- 66 -
Rev. July 2014
200
SECTION 5: COMPENSATION AND EVALUATION
5.05 SALARY AT APPOINTMENT: Except as otherwise stated in this Section, all new
employees shall be appointed at the minimum salary of the salary range to which their class is
assigned.
When the proposed employee’s education, training and experience are deemed superior and
justify a salary in excess of the minimum, the Department Director may recommend to the City
Manager offering employment in excess of the minimum salary. City Manager approval must be
obtained prior to making an offer of employment. All final appointments are subject to the City
Manager’s approval, regardless of the salary at which the employee is appointed.
The hiring range will be from the range minimum to the job rate, based on qualifications and
dependent on market conditions. Appointment above the job rate, but not to exceed the merit
maximum, will be allowed subject to the approval of the City Manager. The Department
Director shall submit an exception request to the City Manager. The exception request shall
include a pay rate recommendation from the Employee Relations Officer.
5.06 MARKET PREMIUM PAY: When a market comparison rate for a specific job or class
exceeds the defined job rate by at least 15%, a market premium may be applied to the specific
job/class and paid to all employees in the job/class who meet the specific requirements for the
premium (e.g. one engineering specialty within the broader class of engineer). The market
premium, if applicable, shall be subject to review by the Employee Relations Officer, no less
frequently than every two years, and shall be adjusted as appropriate based on the market review.
At such time as the market differential becomes 10% or less, the market premium will be
eliminated.
5.07 RECRUITMENT AND/OR RETENTION INCENTIVES: When necessary and
appropriate, the City may use recruitment and/or retention incentives in order to compete for
skills that may be in limited supply and are necessary to recruit or retain an individual for a
position defined as a critical need by the City Manager. The amount of the recruitment and/or
retention incentive shall be based on data obtained from survey results.
5.10 EMPLOYEE PERFORMANCE EVALUATION: Salary advancements will be based on
successful performance in the job class as determined through a job related performance
appraisal system that can be used to guide compensation decisions, either in part or in whole.
The Employee Relations Officer shall select a job evaluation methodology that is appropriate for
use with broad classifications. Regular reports on forms prescribed by the Employee Relations
Officer shall be made as to the efficiency, competency, and conduct of all employees appointed
by the City Manager. Performance evaluations are required to be given after six (6) months at
the completion of an initial probationary appointment or promotional probationary appointment,
and annually thereafter in accordance with the City’s annual evaluation schedule for all
employees in place at the time.
- 67 -
Rev. July 2014
201
PROPOSED COMPENSATION SCHEDULE FOR NEW HIRES/PROMOTIONS*
Month Hired or Month of 6-month Month of 6-month Months After
Promoted ProbationaryPerformance Pay Evaluation Before
EvaluationAward Eligibility Eligible for
Performance Pay
January July October 3 months
February August October 2 months
March September October 1 month
AprilOctober October (same year) 0 months
October (following
May November 11 months
year)
June December October 10 months
July January October 9 months
August February October 8 months
September March October 7 months
October April October 6 months
November May October 5 months
December June October 4 months
*Probationary period calculations done in accordance with Section 1.25.51.
As outlined in Section 4.75, any decision to extend an employee’s probationary period must be
made prior to the expiration of the original probationary period.
Any evaluation which warrants a salary increase but is not completed by the designated review
date shall be retroactively paid back to that review date. In addition to those occasions
referenced by this Section, a Supervisor may render a performance evaluation at any time when
performance issues arise, whether positive or negative, when there is a change in assignment
and/or when there is a change in supervisor or management.
During the performance evaluation meeting, the employee and Supervisor shall review and
discuss the employee’s significant accomplishments, training, problem or improvement areas,
and future development and objectives. After reviewing the Classification Specification, duties,
and any established performance standards for that position, an evaluation shall be made by the
Supervisor as to whether the employee’s performance meets City standards.
- 68 -
Rev. July 2014
202
An explanation must accompany any unacceptable or conditional judgment. The employee shall
have an opportunity to review the employee’s performance evaluation and agree or disagree with
it.
Based upon the Performance Evaluation, the Supervisor may make appropriate recommendations
to the Employee Relations Officer regarding a possible salary increase, promotion, or other
action. City Manager approval is required for all such actions.
The Employee Relations Officer reserves the right to review any performance evaluation prior to
review with the employee.
The employee shall have the right to attach a written response to the corresponding performance
evaluation in his/her personnel file. This response must be made within ten (10) working days of
receiving the evaluation.
No other administrative reply or appeal shall be allowed.
The employee and Supervisor must sign and date the evaluation. If the employee refuses to sign
the evaluation, the Supervisor shall note this fact and any circumstances surrounding the
employee’s refusal on the Performance Evaluation. Copies of the evaluation shall be distributed
to the employee, the Department Director and Employee Relations Officer.
Performance evaluations shall not be subject to the grievance process. (See Section 12.10.2).
5.15 PROGRESSION BASED ON SUCCESSFUL PERFORMANCE: Employees should
receive salary increases for successful performance until they reach the job rate. Employees who
perform at less than standard or successful should not receive any in-range adjustment.
Employees who have reached the job rate and whose performance exceeds the standard for the
job class shall be eligible for exceptional performance awards. Exceptional performance awards
may or may not be added to base pay, at the discretion of management and based on budgetary
constraints.
5.15.1 Regular Full-time and Regular Part-time Employees shall earn increases based on
meeting satisfactory performance of duties in the overall rating, as follows:
A. Normal Progression: Employees who are hired below the job rate and who
receive an overall successful performance rating following completion of an initial
employment period of not less than six (6) months, become eligible for enrollment in the
performance pay system. From the date of employment until the successful conclusion of
the probationary period, no salary increase shall be granted. At the end of a successful
probationary period, the employee becomes eligible for enrollment in the performance
pay system, which shall occur annually during the City’s evaluation period for all
employees. Employees must achieve at least an overall “successful” rating to be deemed
to be eligible for consideration of a salary increase. An employee who receives an
overall “successful” rating is not, thereby, guaranteed a salary increase once they reach
the job rate. An employee who receives an overall performance rating of “needs
improvement” shall not be eligible for consideration of a salary increase. Nothing in this
Section shall preclude the City from adopting new evaluation procedures and forms.
- 69 -
Rev. July 2014
203
B. Promotional Progression: From the date of promotion until the successful
conclusion of the probationary period, no salary increase may be granted. When an
employee is promoted to a classification with greater salary range, his/her salary
increases to an appropriate salary within the range of the new job classification. An
employee who is promoted shall be compensated at the salary in the new salary range
which is at leastfive (5%) per cent higher than the salary the employee held in the
previous salary range.
All promoted employees who successfully pass their probationary periods are eligible for
enrollment in the performance pay system which shall occur annually during the City’s
evaluation period for all employees annually, again provided they satisfy the eligibility
criteria set forth herein, .
C. Exceptional Performance Awards: Exceptional performance awards should be
based solely on performance that exceeds defined standards or expectations for
incumbents in the job class. Exceptional performance awards shall be granted to those
employees whose above standard performance is on-going and their long-term
performance indicates that such above standard performance is the norm.
5.20 BILINGUAL COMPENSATION:
5.20.1 Bilingual Pay: Each full-time employee who has qualified for bilingual compensation
under Section 5.20.2 shall receive additional compensation of $.25 per hour. If a Department
Director determines that an employee spends more than 50% of his/her work time performing
bilingual duties the amount of additional compensation shall be $.50 per hour. Upon verification
of the employee’s qualification by the Employee Relations Officer, the employee shall receive
bilingual compensation to commence as of the next pay period.
5.20.2 Eligibility: The Employee Relations Officer will designate at least one full-time
employee to perform bilingual services for the public to all City departments. Selection of the
designated employee(s) will be based upon: 1) bilingual ability as determined by scores on a
recognized standardized test selected by the Employee Relations Officer and administrated
through a testing process determined by the Employee Relations Officer; and 2) accessibility to
the public. The designated employee(s) shall provide verbal translation services to the public in
addition to their normal work duties.
Additional employee(s) will receive bilingual compensation if, as part of their job function and
duties, they provide verbal bilingual translation for the public within their department on a
regular basis. A Department Director who determines that an employee is providing bilingual
translation services on a regular basis will certify the same to the Employee Relations Officer
who shall then schedule the employee to take a standardized test.
5.20.3 Testing: Each employee who is authorized to receive bilingual compensation shall be
tested at the time of authorization and must successfully pass the test to receive the additional
compensation.
5.20.4 Discontinuing Compensation: If the bilingual skill is no longer needed or the employee
is no longer required to use it, the Department Director shall terminate the bilingual
- 70 -
Rev. July 2014
204
compensation by written notice to the Employee Relations Officer. The Employee Relations
Officer may also terminate the bilingual compensation if he/she makes a like determination, and
shall notify the Department Director. In either case, the Department Director shall notify the
employee.
An employee not receiving bilingual compensation shall not be required to perform bilingual
services.
- 71 -
Rev. July 2014
205
SECTION 6: ATTENDANCE AND HOURS OF WORK
6.05 WORK WEEK AND OVERTIME: The work week for City employees not on the 9/80
Alternate Work Week Schedule shall begin at 12:01 A.M. on Monday, and end at 12:00 P.M.
(midnight) on Sunday. The basic work week for full-time employees shall be forty (40) hours,
rendered in units of eight (8) hours per day (or as defined in the 9/80 Alternate Work Week
Schedule Policy). The City may assign a different work week when it is deemed to be beneficial
to the City. Except in cases of emergencies, the City will provide a two-week advance notice of
schedule changes.
For any illness or emergency absence from work, the employee must notify his/her supervisor
within the first half-hour of normal reporting time unless extraordinary circumstances prevent
such notification. Each Department Director is responsible for establishing a specific department
call-in policy and procedure, and for insuring that each employee is advised of the policy and
procedure.
General non-exempt positions: For general non-exempt positions which do not meet one of the
FLSA exemption categories, overtime shall consist of time actually worked in excess of forty
(40) hours in a work week. Floating holidays, sick leave, vacation or compensatory time will not
be included as time worked for purposes of calculating FLSA overtime. Legal holidays, for
which City offices are closed, will be recognized as time worked for purposes of calculating
overtime. If state law should change to mandate that public employees be paid overtime after
eight hours work in one day, the City agrees to amend Section 6.05 to reflect such change.
Overtime for general non-exempt employees shall be compensated in one of the following two
ways:
A. As paid time at one and one-half the regular rate of pay; or
B. As compensatory time accrued at one and one-half the regular rate of pay.
Prior to authorization of overtime, the employee and his/her supervisor shall agree as to how the
employee shall be compensated (paid time or compensatory time). If the employee and
supervisor cannot agree on the method of compensation, the supervisor may ask another
employee to perform the overtime work. If the supervisor requires that a particular employee
perform the overtime, but they are unable to agree on the method of compensation, the employee
shall be given his/her choice of compensation (paid time or compensatory time).
Compensatory time is vested time, and must be used or paid upon termination of employment.
6.10 NO GUARANTEE OF HOURS: Nothing contained in these Policies shall be construed
to constitute a guarantee of minimum hours of work per day or per work week or of days of work
per work week, provided that when reasonably possible at least fourteen (14) calendar days
advance notice shall be given to each employee whose work hours are to be reduced. When
economic conditions dictate, management may direct a reduction of hours, a furlough, or a
reduction-in-force.
- 72 -
Rev. July 2014
206
6.15 STAND-BY AND CALL-BACK POLICY: Policies relating to stand-by and call-back
duty shall be established by the Employee Relations Officer. (For more information on stand-by
and callback requirements and compensation; reference Section 14.35).
6.20 TIME SHEETS: All City employees must complete electronic time sheets showing
hours worked and leave taken. Time sheets must be approved by the individual employee, the
employee’s Supervisor and Department Director. Time sheets will be reviewed and audited by
the Finance Department.
Notice of any correction(s) to the time sheet will be sent to the employee and the Department
Director. Such corrections will be deemed final unless questioned by the employee within thirty
(30) days after notice of correction has been given to the employee. Unresolved matters may be
taken to the Employee Relations Officer for review and recommendation. Final determination
shall be made by the Employee Relations Officer.
6.25 ABANDONMENT OF EMPLOYMENT: An employee who is absent, without
authorized leave, for three (3) or more consecutive work days is deemed to have resigned his/her
employment with the City. If the Department Director, with the concurrence of the Employee
Relations Officer, determines that extenuating circumstances exist, the resignation may be
rescinded, in which case, the absence may be covered by leave, with or without pay, if so
approved by the Employee Relations Officer.
6.30 LUNCH AND BREAK POLICY: Employees may take one break in the morning (before
11:00 a.m.) and one in the afternoon (after 2:00 p.m.). Break periods shall not exceed fifteen (15)
minutes.
Non-compensated lunch periods shall be at least thirty (30) minutes, but no more than sixty (60)
minutes per day. Employees are expected to conform their lunch hours in accordance with
department schedules. As department schedules may not permit all employees to take lunch
between 12:00 noon and 1:00 p.m., the Department Director may authorize staggered lunch
periods throughout the late morning and early afternoon.
Break and lunch periods may be taken only in the time period for which they are designated and
may not be accrued. Extenuating circumstances, as determined by the immediate Supervisor,
may establish cause for variation from the scheduling of break and lunch periods.
Management employees are expected to conform generally to the established standard for
General Employees. Although flexibility is provided for salaried employees to exercise
judgment in maintaining their work schedule, this schedule should not be to the detriment of
work production.
- 73 -
Rev. July 2014
207
SECTION 7: LEAVES
7.05 JURY DUTY AND WITNESS LEAVE: No employee shall be dismissed or in any
manner discriminated against for taking time off from work to serve as a juror or witness when
required by law provided such an employee complies with the provisions of this Section. An
employee called to serve as a juror or witness shall notify the employee’s Supervisor at least one
(1) week prior to the commencement of such service, unless extenuating circumstances exist.
Any employee of the City called as a juror or witness shall be entitled to be absent from the
employee’s duties with the City as long as required by the court system or other tribunal. The
employee may be required by their Department Director to obtain a jury calendar or assignment
sheet weekly during such service. The jury calendar or assignment sheet shall be signed by the
jury clerk or commissioner and delivered to the employee’s Supervisor at the end of each week
to verify jury duty or witness service.
An employee required to serve on jury duty shall be entitled to the employee’s regular rate of
pay, provided the employee deposits any fees for service, excluding mileage, with the City. A
temporary, seasonal, or emergency employee called for jury duty will not be compensated for
time lost while on jury duty, but shall be entitled to retain the employee’s jury fees.
Any employee required to be absent from work on behalf of the City by proper subpoena issued
by a court or other legally empowered agency, shall be entitled to be absent from work at the
employee’s regular rate of pay, provided that any fees, except mileage, are deposited with the
City. An employee required to be present as a witness in any other matter shall not be entitled to
be paid during such absence.
An employee who is released by the court from jury duty on any regularly scheduled work day
shall contact his or her Supervisor to find out whether he or she is required to return to work. An
employee who is scheduled for stand-by duty while serving on jury duty shall be rescheduled for
stand-by duty after the conclusion of jury duty, unless the employee agrees to serve both.
7.10 PREGNANCY DISABILITY LEAVE: Pursuant to Government Code Section 12945, a
pregnant employee shall be entitled to a leave of absence without pay for up to four (4) months
so long as the employee’s attending physicians certifies that she is physically unable to work due
to pregnancy or pregnancy-related conditions. At the commencement of a pregnancy leave of
absence, employees have the option of using accrued sick leave, vacation, compensatory time-
off, or administrative leave allowances, as well as disability pay, and thus, continuing to receive
pay. City pay will cease when all accrued allowances have been used, and the employee shall
receive leave without pay and be subject to all policies except as modified herein. The use of
accrued time-off shall not extend the length of the leave.
When an employee is on pregnancy disability leave, the City shall continue its share of payment
for insurance benefit premiums (i.e., health, life, AD&D, vision, disability, dental) for the
employee and her dependents. The City’s continuation of payment of PERS retirement
contributions is dependent upon the disability plan in effect at the time the disability leave is
requested. Vacation time, sick leave, administrative leave, and holidays shall not accrue during a
pregnancy leave of absence unless the employee is continuing to receive their full customary pay
- 74 -
Rev. July 2014
208
by utilizing accrued sick leave, vacation, compensatory time-off or administrative leave
allowances. If an employee elects to receive pay for less than their full customary pay, all
employee benefits (other than the insurance benefits listed above) will be pro-rated. Employees
on pregnancy disability leave may also be eligible for benefits under the State Disability
Insurance Plan (SDI) or the City’s Long-Term Disability Program. Employees must file a claim
in order to receive these benefits. Forms are available from Human Resources.
If an employee takes a pregnancy disability leave of absence while on probation, her
probationary period shall be extended the same length of time as the pregnancy leave. Any
extensions of the probationary period which arise as a result of this policy shall not be perceived
as casting aspersions on any employee, but rather as a way to more accurately monitor employee
performance.
A request for pregnancy disability leave of absence should be submitted by the employee as soon
as feasible after the employee learns of her disability. The employee must provide a written
statement from her physician indicating the date the physician believes the leave of absence
should begin and the estimated date of birth and the estimated date the employee will return to
work.
The City may require a pregnant employee who wishes to continue working to provide a
physician’s statement approving the continuance of her current work duties.
Before returning to work following a pregnancy disability leave of absence, the employee shall
submit a physician’s verification stating the employee’s ability to return to work. Unless the
leave is otherwise extended, the employee shall be required to return to work full-time.
Upon expiration of the approved leave, the employee shall be reinstated to her former position or
to a comparable one if the former position is abolished during the period of leave and the
employee would otherwise not have been laid-off. The comparable position is one having
similar terms of pay, location, job content and promotional opportunities. Failure to return to
work after the authorized four month leave period causes the employee to have no reinstatement
rights. Additionally, an employee who fails to return to work may be required to reimburse the
City for the City’s contribution for health benefits during the pregnancy disability leave.
7.15 MILITARY LEAVE: Military Reserve Leave shall be granted under the provisions of
State and Federal law, which in pertinent part at the present time, defines “military duty” ordered
for purposes of active military training, encampment, naval cruises, special exercises, or like
activity as such member, provided that the period of ordered duty does not exceed one hundred
eighty (180) calendar days in a fiscal year, including time involved in going to and returning
from the duty, but not for inactive duty (for training) such as scheduled reserve drill periods.
For the purposes of this Section, “active military training” shall be defined as a period of training
(i.e. encampment, naval cruises, special exercises, or like activities) which normally occurs once
a year over a two-week interval. “Inactive duty for training” and “scheduled reserve drill
periods” shall be defined as the weekend period of training which are scheduled once a month.
Such weekend drills do not conflict with normal working hours within the City.
- 75 -
Rev. July 2014
209
Employees must submit a copy of military orders to their Department Director and the Employee
Relations Officer prior to the beginning of the military leave period and as soon as the employee
knows of the need to request such leave, except where military necessity dictates.
Regular and probationary employees shall receive their full regular pay during the first thirty
(30) calendar days of “military leave” in any one fiscal year. After the first thirty (30) days of
military leave in a fiscal year, employees may take a leave of absence without pay or they may
utilize their vacation, administrative leave, or compensatory time-off in order to fulfill their
military duties.
Regular and probationary employees on a military leave of absence shall receive the same
vacation, sick leave and holiday privileges and the same rights and privileges to promotions,
continuance in office, employment, reappointment to office, or re-employment that they would
have enjoyed had they not been absent therefrom.
Contributions to retirement, life insurance and medical and dental plans shall be suspended after
the first thirty (30) consecutive calendar days of military leave until the employee is reinstated.
However, upon approval of a leave of absence without pay, the employee may elect to continue
benefits coverage at his/her own expense, with the exception of retirement.
If an employee is required to perform military reserve duties while on probation, his/her
probationary period shall be extended the same length of time as the military leave. Such
extensions of probationary periods which arise as a result of this policy shall not be perceived as
casting aspersions on any employee, but rather as a way to more accurately monitor employee
performance.
The City shall reinstate those employees returning from a military leave of one hundred eighty
(180) days or less to the position they occupied prior to taking a military leave of absence or to a
position of comparable seniority, status and pay, if such position exists, upon presentation of a
certificate of satisfactory completion of service and if such employees are qualified to return to
their former positions.
If no such comparable position exists, the employee shall have the same rights and privileges that
he/she would have had if he/she had occupied the position when it ceased to exist and had not
taken a temporary military leave of absence.
Any employee who, in time of war or national emergency as proclaimed by the President or
Congress, is ordered by the military to active duty, shall have a right, if released, separated, or
discharged under conditions other than dishonorable, to return to his/her former classification
within six (6) months after termination of his/her active service with the armed forces, but not
later than six (6) months after the end of the war or national emergency. (Reference Government
Codes § 395, 146 and 395.05.)
Exceptions to this policy will occur whenever necessary to comply with applicable laws.
7.20 LEAVE OF ABSENCE WITHOUT PAY: Any regular or probationary employee who is
absent from work and not on leave of absence with pay shall be considered on leave of absence
without pay.
- 76 -
Rev. July 2014
210
Leave of absence without pay shall be approved in advance and in writing. Any employee
requesting a leave of absence without pay shall utilize all of his/her accrued compensatory time
off, administrative leave, vacation time, and sick leave, if appropriate, prior to the start of the
leave without pay. Determination of the granting of leave of absence without pay is not
grievable. An employee who does not receive prior written approval for leave of absence
without pay may be disciplined for such period of absence.
Department Directors may grant an employee leave of absence without pay for not to exceed
forty (40) consecutive hours. Such leaves shall be reported in writing to the Employee Relations
Officers.
A leave of absence without pay in excess of forty (40) hours must be recommended by the
Department Director and approved by the Employee Relations Officer. No single leave of
absence without pay may exceed three months without approval of the Department Director,
Employee Relations Officer and City Manager.
Any leave of absence without pay of eight (8) hours or more shall result in a pro rata accrual of
vacation, sick leave or holiday credits. A leave of absence without pay of forty (40) hours or
more shall also result in a pro rata reduction of employer-paid health benefit payments, and shall
extend the employee’s probationary period (if applicable) for the same length of time as the
leave. After thirty (30) consecutive working days (which includes each “Regular Day Off” for
employees participating in the Alternate Work Week Schedule) on a leave of absence without
pay, contributions to retirement, life insurance, medical, dental, or other designated benefit plans
shall be suspended until the employee is reinstated.
Upon expiration of an approved leave of absence without pay, the employee shall be reinstated in
the classification held at the time the leave was granted. Failure on the part of the employee to
report to work promptly at the expiration of the leave shall result in the employee being deemed
to have resigned from employment.
7.25 FAMILY AND MEDICAL LEAVE:
7.25.1 Statement of Policy
To the extent not already provided for under current leave policies and provisions, the City will
provide family and medical care leave for eligible employees as required by State and Federal
law. The following provisions set forth certain of the rights and obligations with respect to such
leave. Rights and obligations which are not specifically set forth below are set forth in the
Department of Labor regulations implementing the Federal Family and Medical Leave Act of
1993 (as revised in January, 2009) (“FMLA”), and the regulations of the California Family
Rights Act (“CFRA”). Unless otherwise provided by this article, “Leave” under this article shall
mean leave pursuant to the FMLA and CFRA. Employees may use any accrued leave for the
purposes of FMLA leaves, or the time off may be taken as leave without pay.
7.25.2 Definitions
A. “12-Month Period” means a rolling 12-month period measured backward from the
date leave is taken and continuous with each additional leave day taken.
- 77 -
Rev. July 2014
211
B. “Child” means a child under the age of 18 years of age, or 18 years of age or older
who is incapable of self-care because of a mental or physical disability. An employee’s
child is one for whom the employee has actual day-to-day responsibility for care and
includes a biological, adopted, foster or step-child.
A child is “incapable of self-care” if he/she requires active assistance or supervision to
provide daily self-care in three or more of the activities of daily living or instrumental
activities of daily living - such as, caring for grooming and hygiene, bathing, dressing and
eating, cooking, cleaning shopping, taking public transportation, paying bills, maintaining
a residence, using telephones and directories, etc.
C. “Parent” means the biological parent of an employee or an individual who stands
or stood in loco parentis (in place of a parent) to an employee when the employee was a
child. This term does not include parents-in-law.
D. “Covered Servicemember” is a current member of the Armed Forces, including a
member of the National Guard or Reserves, who has a serious injury or illness incurred in
the line of duty on active duty that may render the servicemember medically unfit to
perform his or her duties for which the servicemember is undergoing medical treatment,
recuperation, or therapy; or in outpatient status; or is on the temporary disability retired
list.
E. “Spouse” means a husband, wife, or registered domestic partner as defined or
recognized under California State law for purposes of marriage.
F. “Serious health condition” means an illness, injury, impairment, or physical or
mental condition that involves:
1. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential
medical care facility, including any period of incapacity (i.e., inability to work, or
perform other regular daily activities due to the serious health condition, treatment
involved, or recovery therefrom), or
2. Continuing treatment by a health care provider: A serious health condition
involving continuing treatment by a health care provider includes any one or more
of the following:
a. A period of incapacity (i.e., inability to work, or perform other
regular daily activities due to serious health condition of more than three
(3) consecutive calendar days, and any subsequent treatment or period of
incapacity relating to the same condition) that also involves:
i) Treatment of two or more times by a health care provider,
by a nurse or physician’s assistant under direct supervision by a
health care provider, or by a provider of health care services (e.g.,
a physical therapist) under orders of, or on referral by, a health care
provider within thirty (30) days from the first day of incapacity,
- 78 -
Rev. July 2014
212
absent extenuating circumstances, and the first medical visit must
take place within seven (7) days of the first day of incapacity; or
ii) Treatment by a health care provider within seven (7) days
of the first day of incapacity on at least one occasion which results
in a regimen of continuing treatment under the supervision of the
health care provider. This includes, for example, a course of
prescription medication or therapy requiring special equipment to
resolve or alleviate the health condition. If the medication is over
the counter, and can be initiated without a visit to a health care
provider, it does not constitute a regimen of continuing treatment.
b. Any period of incapacity due to pregnancy or for prenatal care.
(This entitles the employee to FMLA leave, but not CFRA leave. Under
California law, an employee disabled by pregnancy is entitled to
pregnancy disability leave.)
c. Any period of incapacity or treatment for such incapacity due to a
chronic serious health condition. A chronic serious health condition is one
which:
i) Requires periodic visits (visiting a health care provider at
least twice a year for the same condition) for treatment by a health
care provider, or by a nurse or physician’s assistant under direct
supervision of a health care provider;
ii) Continues over an extended period of time (including
recurring episodes of a single underlying condition); and
iii) May cause episodic rather than a continuing period of
incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for
such incapacity qualify for leave even if the absence lasts only one
day.
d. A period of incapacity which is permanent or long-term due to a
condition for which treatment may not be effective. The employee or
family member must be under the continuing supervision of, but need not
be receiving active treatment by, a health care provider.
e. Any period of absence to receive multiple treatments (including
any period of recovery therefrom) by a health care provider or by a
provider of health care services under orders of, or on referral by, a health
care provider, either for restorative surgery after an accident or other
injury, or for a condition that would likely result in a period of incapacity
of more than three consecutive calendar days in the absence of medical
intervention or treatment.
- 79 -
Rev. July 2014
213
G. “Health Care Provider” means:
1. A doctor of medicine or osteopathy who is authorized to practice medicine
or surgery by the State of California;
2. Individuals duly licensed as a physician, surgeon, or osteopathic physician
or surgeon in another state or jurisdiction, including another country, which
directly treats or supervises treatment of a serious health condition.
3. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors
(limited to treatment consisting of manual manipulation of the spine to correct a
subluxation as demonstrated by X-ray to exist) authorized to practice in California
and performing within the scope of their practice as defined under California State
law;
4. Nurse practitioners and nurse-midwives, clinical social workers, and
physician assistants who are authorized to practice under California State law and
who are performing within the scope of their practice as defined under California
State law;
5. Christian Science practitioners listed with the First Church of Christ,
Scientist in Boston, Massachusetts; and
6. Any health care provider from whom an employer or group health plan’s
benefits manager will accept certification of the existence of a serious health
condition to substantiate a claim for benefits.
H. “Qualifying Exigencies” may include attending certain military events, arranging
for alternative childcare, addressing certain financial and legal arrangements, attending
certain counseling sessions, and attending post-deployment reintegration briefings.
7.25.3 Reasons for Leave
Leave is only permitted for the following reasons:
A. Incapacity due to pregnancy, prenatal medical care or birth of a child by an
employee;
B. To care for the employee’s child after birth, or placement for adoption or foster
care;
C. To care for the employee’s spouse, registered domestic partner, son or daughter,
or parent, who has a serious health condition; or
D. For a serious health condition that makes the employee unable to perform the
employee’s job; or
- 80 -
Rev. July 2014
214
E. To care for a covered service member during a single 12-month period.
7.25.4 Employees Eligible for Leave
An employee is eligible for leave if the employee:
A. Has been employed for at least 12 months; all prior service counts, regardless of
any breaks in service; and
B. Has been employed for at least 1,250 hours during the 12-month period
immediately preceding the commencement of the leave.
7.25.5 Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty
status in the National Guard or Reserves in support of contingency operations may use their 12-
week leave entitlement to address certain qualifying exigencies.
7.25.6 Amount of Leave
Eligible employees are entitled to a total of 12 work weeks of leave during any 12-month period
(with the exception of special leave entitlement that permits eligible employees to take up to 26
weeks of leave to care for a covered servicemember during a single 12-month period).
A. Minimum Duration of Leave: If leave is requested for the birth, adoption or
foster care placement of a child of the employee, leave must be concluded within one
year of the birth or placement of the child. In addition, the basic minimum duration of
such leave is two weeks. However, an employee is entitled to leave for one of these
purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks
duration on any two occasions.
If leave is requested to care for a child, parent, spouse, registered domestic partner or the
employee him/herself with a serious health condition, there is no minimum amount of
leave that must be taken. However, the notice and medical certification provisions of this
policy must be complied with.
B. Spouses Both Employed By The City: In any case in which a husband and wife,
or registered domestic partners, both employed by the City are entitled to leave, the
aggregate number of workweeks of leave to which both may be entitled may be limited to
12 work weeks during any 12-month period if leave is taken for the birth or placement for
adoption or foster care of the employees’ child (i.e., bonding leave). This limitation does
not apply to any other type of leave under this policy.
7.25.7 Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken
intermittently or on a reduced leave schedule when medically necessary. Employees must make
reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the
- 81 -
Rev. July 2014
215
employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent
basis.
7.25.8 Employee Benefits While on Leave
For the duration of the Family and Medical Leave, the City of La Quinta will maintain its current
payment for the employee’s health coverage (medical, dental, prescription, and vision) under its
group health plan. The City may recover its costs for these benefits if the employee fails to
return to work after the conclusion of the leave.
7.25.9. Employee Notice of Leave
Although the City recognizes that emergencies arise which may require employees to request
immediate leave, employees are required to give as much notice as possible of their need for
leave. If leave is foreseeable, at least 30 days’ notice is required. In addition, if an employee
knows that he/she will need leave in the future, but does not know the exact date(s) (e.g., for the
birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as
soon as practicable that such leave will be needed. Such notice may be orally given. If the City
determines that an employee’s notice is inadequate or the employee knew about the requested
leave in advance of the request, the City may delay the granting of the leave until it can, in its
discretion, adequately cover the position with a substitute.
Employees must provide sufficient information for the City to determine if the leave may qualify
for FMLA protection and the anticipated timing and duration of the leave. Sufficient
information may include that the employee is unable to perform job functions; the family
member is unable to perform daily activities, the need for hospitalization or continuing treatment
by a health care provider, or circumstances supporting the need for military family leave.
Employees must also inform the employer if the requested leave is for a reason for which FMLA
leave was previously taken or certified. Employees may also be required to provide a
certification and periodic recertification supporting the need for leave.
7.25.10 Reinstatement Upon Return from Leave
A. Right To Reinstatement: Upon expiration of leave, an employee is entitled to be
reinstated to the position of employment held when the leave commenced, or to an
equivalent position with equivalent employment benefits, pay, and other terms and
conditions of employment. Employees have no greater rights to reinstatement, benefits
and other conditions of employment than if the employee had been continuously
employed during the FMLA/CFRA period.
If a definite date of reinstatement has been agreed upon at the beginning of the leave, the
employee will be reinstated on the date agreed upon. If the reinstatement date differs
from the original agreement of the employee and City, the employee will be reinstated
within two business days, where feasible, after the employee notifies the employer of
his/her readiness to return.
- 82 -
Rev. July 2014
216
B. Employee’s Obligation To Periodically Report On His/Her Condition: Employees
may be required to periodically report on their status and intent to return to work. This
will avoid any delays to reinstatement when the employee is ready to return.
C. Fitness For Duty Certification: As a condition of reinstatement of an employee
whose leave was due to the employee’s own serious health condition, which made the
employee unable to perform his/her job, the employee must obtain and present a fitness-
for-duty certification from the health care provider that the employee is able to resume
work. Failure to provide such certification will result in denial of reinstatement.
D. Reinstatement Of “Key Employees”: The City may deny reinstatement to a “key”
employee (i.e., an employee who is among the highest paid 10 percent of all employed by
the City within 75 miles of the work site) if such denial is necessary to prevent substantial
and grievous economic injury to the operations of the City and the employee is notified
of the City’s intent to deny reinstatement on such basis at the time the employer
determines that such injury would occur.
7.25.11 Required Forms
Employees must fill out the following applicable forms in connection with leave under this
policy:
A. “Request For Family or Medical Leave Form” prepared by the City to be eligible
for leave.
B. Certification of health care provider for employee’s serious health condition;
certification of health care provider for family member’s serious health condition;
certification of qualifying exigency for military family leave; or certification for serious
injury or illness of covered servicemember for military family leave.
C. Authorization for payroll deductions for benefit plan coverage continuation; and
D. Fitness for duty to return from leave form.
7.25.12 Leave for School-Related Activities for a Child: An employee may be eligible for
leave to attend school-related activities of a child in accordance with Labor Code Section 230.8.
7.30 ON-THE-JOB-INJURIES AND WORKERS’ COMPENSATION COVERAGE: All
injuries and illnesses arising out of and in the course of employment with the City, including first
aid injuries, shall be reported immediately to the appropriate Supervisor. The Supervisor shall
immediately notify Human Resources of the accident. Human Resources shall be responsible for
completing an “Employer’s Report of Occupational Injury or Illness” within five (5) days of
knowledge of occupational injury or illness which results in lost time beyond the day of the
incident. Human Resources shall give the injured employee a Workers’ Compensation Claim
Form (“DWC-1”) within one working day of employer knowledge. The only exception to
providing a Claim Form is with respect to “first aid claims.”
- 83 -
Rev. July 2014
217
Under California state law, any employee sustaining an injury or illness arising out of and in the
course of employment may be entitled to:
7.30.1 All reasonable and necessary medical care for a work-related injury or illness;
7.30.2 “Temporary disability” payments in lieu of lost wages, commencing three (3) days after
the first full day of lost time.
If an occupational injury or illness is severe and requires immediate medical attention, first aid
should be rendered and medical treatment should be obtained at the closest City-designated
medical treatment facility. For severe accidents occurring outside the City limits, medical
treatment should be obtained at the closest medical facility. Use of paramedic services is
automatically authorized if the injury is life threatening.
In the case of an occupational injury which requires medical attention within the first twenty-four
(24) hours or develops symptoms after the first twenty-four (24) hours following the injury, the
employee shall immediately notify the employee’s Supervisor and the employee’s Supervisor
shall notify the Employee Relations Officer. If the employee has not submitted a properly
completed “Employee Notification of Personal Physician” form to the Employee Relations
Officer for treatment of job-related injuries prior to the date of injury, all medical treatment shall
be provided through the City’s designated medical service providers for the first thirty (30) days
after the date of the injury.
If the employee has submitted a properly completed “Employee Notification of Personal
Physician” form to the Employee Relations Officer for treatment of job-related injuries, an
appointment may be scheduled with the employee-designated medical service provider. The
employee may also elect to treat with the City’s designated medical service provider.
If the employee’s claim is delayed by the City’s Workers’ Compensation Program claims
administrator to determine whether it is work-related according to the laws of the State of
California, the employee is entitled to medical treatment during the pendency of the
investigation, up to a maximum of $10,000.
A regular employee who is unable to perform regular or modified duties because of an injury or
illness arising out of and in the course and scope of the employee’s duties shall suffer no loss in
City pay or accrued sick leave for absence from work because of such disability. City pay is in
lieu of “temporary disability benefits.”
Such workers’ compensation salary continuation shall commence with the first full day of lost
time after the employee has been placed on temporary disability for a work-related injury or
illness, and the employee is not able to return to work, either on regular or modified duty, and
shall conclude with:
(a) the employee’s return to work in a regular or modified capacity for the City or
any other employer; or
(b) termination of such temporary disability by the medical provider; or
- 84 -
Rev. July 2014
218
(c) upon reaching a maximum medical improvement, as determined by competent
medical evidence; or
(d) upon the completion of twenty-six (26) weeks on-the-job injury leave, whichever
comes first.
Employees with injuries or illnesses that persist beyond twenty-six (26) weeks may be eligible
for Workers’ Compensation temporary or permanent disability payments as defined by State law.
The portion of workers’ compensation salary continuation that represents payment for lost time
at the statutory “Temporary Disability” rate is non-taxable.
While the City is not required by law to provide the following benefit, a regular employee shall
not be required to use accrued sick leave for medical treatment, including doctor’s appointments
and/or physical therapy appointments, related to an active, accepted Workers’ Compensation
claim for injury or illness arising out of and in the course and scope of the employee’s duties.
Such leave shall be denoted as “Workers’ Compensation Leave” on the employee’s time sheet
and shall be paid from the City’s Workers’ Compensation salary continuation fund.
Appointments should be scheduled for the lunch hour or before or after work whenever possible
to minimize the impact on the City’s operations.
City policy allows for regular employees unable to perform their regular or modified duties by
reason of an injury or illness arising out of and in the course of their employment to integrate
their accrued benefits once worker’s compensation salary continuation has ceased in order to
receive a sum which, when added to the amount of temporary disability payment, will result in a
payment equal to such an employee’s regular “take-home” compensation. City paid medical
benefits will continue until the workers’ compensation salary continuation has ceased (26
weeks).
Except for probationary employees, an employee’s anniversary date shall be extended if the
employee’s Workers’ Compensation-related injury or illness is in excess of thirty (30) days per
fiscal year. If an employee’s Workers’ Compensation-related injury or illness exceeds thirty (30)
days per fiscal year, the employee’s anniversary date shall be extended the same length of time
as the injury or illness, minus the first thirty (30) days (i.e. if the employee’s injury or illness is
forty-five (45) days, the employee’s anniversary date shall be extended fifteen (15) days). If an
employee experiences a Workers’ Compensation-related injury or illness while on probation, the
employee’s probationary period shall be extended the same length of time as the injury or illness.
Such extensions of anniversary dates and probationary periods which arise as a result of this
policy shall not be a negative reflection on any employee, but rather as a way to more accurately
monitor employee performance.
Workers’ Compensation Leave and benefits, as appropriate under State law, shall be granted to
an employee upon acceptance of the claim by the claims administrator, and with physician’s
certification of “temporary disability” status, and the employee’s inability to perform regular or
modified duties. A claim denied by the claims administrator, a written statement from the
treating physician indicating that the employee’s condition is permanent and stationary or has
reached maximum medical improvement, or separation from City service shall terminate an
employee’s eligibility for Workers’ Compensation Leave and any applicable benefits from the
- 85 -
Rev. July 2014
219
City for that particular injury or illness. The employee may be eligible for other benefits under
workers’ compensation law.
The City maintains its right to require that an employee provide regular physician’s certification
of work status, and see a City-designated physician on a periodic basis to determine the
employee’s disability status. If an employee is given work restrictions by the physician, the City
will initiate an accommodation review to determine if the employee is able to return to work with
or without reasonable accommodation.
The City also maintains its right to require an employee to return to work on a “limited duty”
status, provided that the employee has received authorization from the City-designated physician
as well as from the Employee Relations Officer and the Department Director. Such “limited
duty” status must be of a temporary nature, does not have to be in the same position or
department, and is subject to Employee Relations Officer approval.
Additional information concerning Workers’ Compensation Leave or benefits may be obtained
by contacting the Employee Relations Officer.
7.31 TRANSITIONAL (TEMPORARY) RETURN TO WORK PROGRAM
7.31.1 PURPOSE
The City of La Quinta is committed to providing a work environment that is free from
discrimination. In keeping with this commitment, the City maintains a strict policy prohibiting
discrimination and harassment of injured employees.
The purpose of the Transitional Return to Work (TRTW) Program is to return all injured
temporarily
employees, who are precluded from performing their normal duties, to work in a
TRTW assignment, if available.
7.31.2 RESPONSIBILITY
The Human Resources/Risk Manager will act as the TRTW coordinator. This individual will
function as the liaison with the workers’ compensation claims administrator if the claim is
industrial.
7.31.3 PROCEDURES
A.Identifying TRTW Assignments:
1.Periodically, the TRTW coordinator will request that all departments
complete the “TRTW Assignment" form (Exhibit B). This form assists the TRTW
coordinator in identifying beforehand possible TRTW assignments.
B.Employee Placed On TRTW By A Treating Physician:
1.If the employee has work restrictions, the work restrictions will be listed
on the “Notice of Physician’s Recommendations” (Exhibit C) by the treating
physician.
- 86 -
Rev. July 2014
220
2.If the employee’s department is able to accommodate the restrictions, the
employee’s supervisor will notify the TRTW coordinator, and the coordinator will
send a TRTW agreement letter to the employee.
3.The employee’s supervisor will ensure that the employee is complying
with and working within the work restrictions imposed by the treating physician.
The City of La Quinta will interact with the employee to discuss their ability to
continue performing modified duty at or near 90 days following commencement
of modified duty.
C.Employee’s Department Unable To Accommodate The Restrictions:
1.If the employee’s department is unable to accommodate the restrictions,
the department will notify the TRTW coordinator immediately.
2.The TRTW coordinator will:
i.Check file for previously submitted TRTW assignment forms.
ii.Contact other departments for possible TRTW assignments based
upon the employee’s restrictions.
iii.Instruct the employee where to report if an assignment in another
department is located. (May be delegated to the employee’s supervisor.)
D.Unavailable Transitional Assignments:
1.If no TRTW assignment is available, the employee will be put off work.
2.Employees off work are to contact the TRTW coordinator on a weekly
basis for the availability of TRTW assignments.
3.Failure to contact the TRTW coordinator may result in disciplinary action.
E.Intermittent Assignment:
1.If an employee completes a TRTW assignment and there is no additional
TRTW assignment available, the employee will be put off work.
immediately
2.If the injury is industrial, the TRTW coordinator must notify
the workers’ compensation claims administrator that the employee is not working.
F.Time sheet Procedures:
1.TRTW duty shall be denoted as “Regular” time on the employee’s time
sheet with an additional explanation that the employee is on a TRTW assignment.
7.35 DISABILITY LEAVE: Full time and part time (in excess of 30 hours per week)
employees may be eligible for disability leave from the City for non-industrial illness or injury of
a significant nature which would not be covered by the terms of Section 14.20, Sick Leave or
Section 7.25, Family and Medical Leave; although these leaves may run concurrently with
disability. Disability leave requires that the employee’s attending physician certify that the
employee is physically unable to work and indicate the estimated length of leave necessary.
During said disability leave, the employee has the option of using accrued sick leave, vacation,
compensatory time-off or administrative leave allowances, as well as disability pay, and thus,
continuing to receive full pay. City pay will cease when all accrued allowances have been used
and the employee will receive only disability pay.
- 87 -
Rev. July 2014
221
When an employee is on disability leave, the City shall continue its share of payment for
insurance benefit premiums (i.e., health, life, AD&D, disability, vision and dental) for the
employee and dependents. The City’s continuation of payment of PERS retirement contributions
is dependent upon the disability plan in effect at the time the disability leave is requested.
Vacation time, sick leave, administrative leave, and holidays shall not accrue during a disability
leave unless the employee is continuing to receive their full customary pay by utilizing accrued
sick leave, vacation, compensatory time-off or administrative leave allowances. If an employee
elects to receive pay for less than their full customary pay, employee benefits (other than the
insurance benefits listed above) shall be pro-rated.
If an employee’s disability leave exceeds twelve (12) work weeks and the employee is not on
paid status by virtue of continuing to utilize at least half (50%) of the hours needed per pay
period to receive a full paycheck through the use of their accrued sick leave, vacation,
compensatory time-off or administrative leave allowances, or leave donated under the Vacation
Leave Transfer Policy referred to in Section 14.15.5 of these Personnel Policies, participation in
the group health insurance plan shall terminate unless the employee elects to retain said coverage
at the employee’s expense. If the employee uses less than 50% of the hours needed per pay
period to receive a full paycheck, their participation in the group health insurance plan shall
terminate unless the employee elects to retain said coverage at the employee’s expense. This
coverage shall be available under the same requirements and restrictions of the COBRA
Continuation as provided by the City’s health insurance carrier.
If an employee takes a disability leave while on probation, the probationary period shall be
extended the same length of time as the disability leave. Any extension of the probationary
period shall not be perceived as casting aspersions on any employee, but rather as a way to more
accurately monitor employee performance.
Before returning to work following a disability leave of absence, the employee shall submit a
verification from their attending physician stating that the employee is able to return to work.
Unless the leave is otherwise extended, the employee shall be required to return to work full-
time.
Upon expiration of the approved leave, the employee shall be reinstated to their former position
or to a comparable one if the former position is abolished during the period of leave and the
employee would otherwise not have been laid-off. The comparable position is one having
similar terms of pay, location, job content and promotional opportunities. Failure to return to
work after the authorized leave causes the employee to have no reinstatement rights.
The City will hold a position available for an employee on disability leave for up to twelve (12)
work weeks. Beyond that length of time, the City may, at its sole discretion, elect to
permanently replace the employee.
The actual terms and benefits of the City’s disability leave are governed by the disability
insurance program in effect at the time the disability leave is requested. Benefits are subject to
change at any time by the City. Employees should inquire about disability leave through the
office of the Employee Relations Officer.
- 88 -
Rev. July 2014
222
SECTION 8: CONDUCT AND DISCIPLINARY GUIDELINES
8.05 GROUNDS FOR DISCIPLINARY ACTION: Employee misconduct shall be cause for
disciplinary action. In addition to any actionable or other cause allowed by statute, ordinance or
law, the following nonexclusive listings shall constitute cause for disciplinary action (any one of
which may be sufficient basis to take disciplinary action up to and including termination):
8.05.1 Falsifying any information supplied to the City including, but not limited to, information
supplied on application forms, employment records, or any other City records, reports, or
document prepared by the employee.
8.05.2 Incompetency.
8.05.3 Inefficiency.
8.05.4 Neglect of duty.
8.05.5 Insubordination; failure to follow instructions.
8.05.6 Dishonesty.
8.05.7 Selling, providing, consumption of, being under the influence, possession of alcoholic
beverages or illegal controlled substances or abuse of prescription medication while on duty or in
such close time proximity thereof as to cause any detrimental effect upon the employee or upon
other employees (See Section 1.65 regarding medical marijuana).
8.05.8 The conviction of either a misdemeanor or a felony involving moral turpitude shall
constitute grounds for dismissal of any employee. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The Department Director or designee may
inquire into the circumstances surrounding the commission of the crime in order to fix the degree
of discipline, or the determination if such conviction is an offense involving moral turpitude. A
plea or verdict of guilty, or a conviction showing a plea of nolo contenders made to charge a
felony or any offense involving moral turpitude, is deemed to be a conviction within the meaning
of this Section. The Department Director or designee may suspend or dismiss said employee
when the time for appeal has elapsed or the judgment of the conviction has been affirmed on
appeal, or when an order granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code of
the State of California allowing such person to withdraw his plea of guilty and enter a plea of not
guilty, or setting aside a verdict of guilty, or dismissing the accusation or indictment.
8.05.9 Absence without leave.
8.05.10 Immoral conduct.
8.05.11 Discourteous treatment of the public or other employees.
8.05.12 Political activity precluded by state or federal law.
- 89 -
Rev. July 2014
223
8.05.13 Misuse or unauthorized use of City property.
8.05.14 Violation of a City or departmental rule, policy, procedure, or these Policies.
8.05.15 Failure to possess or keep in effect any license, certificate, or other similar requirement
necessary for the employee to perform the duties of the job position or required by such job
classification.
8.05.16 Unlawful discrimination, including harassment or bullying, on the basis of race, religious
creed, color, national origin, ancestry, gender, gender identification, medical condition, marital
status, sex, pregnancy, age, sexual orientation, domestic partnership status, military and veteran
status, or mental or physical handicap against the public or other employee while acting in the
capacity of a City employee.
8.05.17 Willful failure of good conduct tending to injure the public service.
8.05.18 Excessive absences, unexcused absence(s), or tardiness.
8.05.19 Misuse of sick leave.
8.05.20 Failure to report for health examination after due notice.
8.05.21 Two or more consecutive unsatisfactory performance evaluations.
8.05.22 Refusal to subscribe to any oath or affirmation which is required by law in connection
with City employment.
8.05.23 Any willful act of conduct undertaken in bad faith, either during or outside of duty hours
which is of such a nature that it causes discredit to the City, the employee’s department or
division.
8.05.24 Inattention to duty, tardiness, indolence, carelessness or negligence in the care and
handling of City property.
8.05.25 Mental or physical impairment which render the employee unable to perform the
essential functions of the job without reasonable accommodation, or without presenting a direct
threat to the health and safety of self or others.
8.05.26 Outside employment not specifically authorized by the appointing authority.
8.05.27 Acceptance from any source of a reward, gift, or other form of remuneration in addition
to regular compensation to an employee for the performance of his or her official duties.
8.05.28 The refusal of any officer or employee of the City to testify under oath before any Grand
Jury having jurisdiction over any then pending cause of inquiry in which the investigation of
government bribery or misconduct in agency office is involved shall constitute of itself sufficient
ground for the immediate discharge of such officer or employee.
- 90 -
Rev. July 2014
224
8.05.29 Willful violation of any of the provisions of the ordinances, resolutions or any Policies,
regulations or policies which may be prescribed by the City.
8.05.30 Working overtime without authorization.
8.05.31 Any other failure of good behavior which is of such nature that it causes discredit to the
City or his or her employment.
- 91 -
Rev. July 2014
225
SECTION 9: DISCIPLINARY ACTIONS
9.05 DEFINITION OF DISCIPLINARY ACTION: “Disciplinary Action” means action taken
by the Department Director or designee for disciplinary reasons, pursuant to these Policies.
Nothing in these Policies requires imposition of disciplinary action in any particular order of
severity or pursuant to the number of prior disciplinary actions. Such disciplinary actions
include:
A. informal discussion;
B. a formal warning;
C. a written reprimand;
D. disciplinary suspension;
E. reduction in pay;
F. demotion; or
G. dismissal.
9.10 INFORMAL DISCUSSION: An informal discussion is designed to clarify standards,
policies, procedures and/or regulations so that problems are resolved early and thus, the need to
utilize more severe disciplinary action may be avoided. (Not appealable)
9.15 FORMAL WARNING: A formal warning shall be given in response to minor
misconduct. The warning should be prompt, constructive, and every effort shall be made for the
formal warning to be given in private. The Supervisor should include in the formal warning a
review of appropriate department standards and policies, employee performance expected in the
future and consequences for failure to correct performance or behavior. The formal warning
shall be written (not appealable) and will be placed in the employee’s central personnel file
located in Human Resources.
9.20 WRITTEN REPRIMAND: A written communication to the employee that the same or
related offense has been committed. The written reprimand shall be given by the Department
Director or designated authority when a formal warning has not succeeded in stopping the
misconduct, or when the misconduct is considered so serious as to warrant more than a formal
warning. Misconduct includes failure to meet City performance standards.
The Department Director should first counsel the employee about the misconduct, as if giving a
formal warning. At the end of the discussion, if no extenuating circumstances are discovered,
the Department Director will inform the employee that a letter of reprimand will follow and will
be placed in the employee’s central personnel file located in Human Resources.
The written reprimand should include a full, accurate and factual statement of the reason for the
reprimand including the date and time of the event which is the cause of the reprimand, if
applicable, appropriate department standards and policies, employee performance expected in the
future and consequences for failure to correct performance or behavior. (Not appealable)
9.25 DISCIPLINARY SUSPENSION: Temporary removal of an employee from his or her
duties without pay for misconduct. Disciplinary suspensions without pay deprive an employee
of pay for any period up to sixty (60) working days and are given when serious misconduct or
repetition of past problems for which the employee has been reprimanded require a strong
- 92 -
Rev. July 2014
226
management response. The nature of the offense, its severity and the circumstances dictate the
length of suspension. Recurrence of the same or similar offenses can result in a second or third
disciplinary suspension of progressively increased duration or in a dismissal. A disciplinary
suspension is given an employee when formal warnings or written reprimands have not been
effective, or when the misconduct warrants more than a reprimand. Employees may be
suspended on the spot when there is a clear threat to the safety of other employees or the public.
9.30 REDUCTION IN PAY: Reduction in pay shall be a decrease in salary to a lower step
within the salary grade for disciplinary purposes. The decrease may be permanent or for a fixed
period of time. Denial of a merit increase or a reclassification downward is not discipline and
does not entitle an employee to notice or right of appeal.
9.35 DEMOTION: The Department Director may demote an employee for disciplinary
reasons or because the employee’s ability to perform the required duties falls below standards for
that position, provided that the employee has been given a reasonable time to improve. Upon
request of the employee, and with the consent of the Department Director, demotion may be
made to a vacant position. No employee shall be demoted to a position unless he/she possesses
the minimum qualifications for such a position. The Employee Relations Officer must approve
all demotions.
9.40 DISCHARGE: Discharge, dismissal or involuntary separation of an employee from City
employment may be imposed when other disciplinary measures have failed, or when an act of
misconduct is deemed appropriate. A regular employee may be discharged for violation of these
Policies.
9.45 DOCUMENTATION OF DISCIPLINARY ACTION: All documented disciplinary
actions will be placed in the employee’s personnel file.
A formal warning or written reprimand should be documented in the format prescribed by the
Employee Relations Officer. The employee shall receive a copy of the documented formal
warning or written reprimand, and a copy shall be placed in the employee’s personnel file in
Human Resources. If the employee chooses to respond, that reply will also be placed in the
employee’s personnel file and be attached to the Supervisor’s record of formal warning or
written reprimand. The employee has ten (10) days from the date of receipt of the disciplinary
action to respond in writing.
If the action taken is a disciplinary probation, a disciplinary suspension, a reduction in pay, a
demotion, or a dismissal, documentation shall be in accordance with Section 10. A copy of all
such disciplinary documents shall be placed in the employee’s central personnel file located in
Human Resources. The employee shall acknowledge receipt, in writing, of a copy of such
disciplinary documents. If the employee refuses to acknowledge receipt, in writing, that fact
should be noted in writing.
- 93 -
Rev. July 2014
227
SECTION 10: DISCIPLINARY PROCEDURES
10.05 ADMINISTRATIVE REASSIGNMENT WITH PAY: Pending investigation of an
accusation against an employee, the Employee Relations Officer may approve the temporary
administrative reassignment of an employee with or without pay, pending the undertaking or
completion of an investigation or opportunity to respond as may be required to determine if any
disciplinary action shall be taken.
10.10 DISCIPLINARY ACTION SUBJECT TO SKELLY PROCEDURE: Prior to a
disciplinary suspension, a reduction in pay, a demotion, or a disciplinary discharge, the
procedure set forth in this Section shall be complied with.
10.10.1 Written Notice: The employee’s Supervisor shall give the employee a written notice of
the proposed disciplinary action at least five (5) working days prior to the effective date. The
written notice shall be personally delivered to the employee or sent by certified mail to the
employee’s last known address.
The notice generally will include the following information:
A. A description of the proposed action to be taken and its proposed effective date or
dates;
B. The specific grounds and particular facts upon which the action is proposed to be
taken;
C. The employee’s right to receive a copy of the written materials alleged to support
the proposed actions; and
D. A statement advising the employee of the right to respond, orally or in writing
within five (5) working days after receipt of the written notice.
E. That failure to respond by the time specified shall constitute a waiver of the right
to respond prior to final discipline being imposed.
10.10.2 Employee Review and Response: The employee shall be given an opportunity to review
the documents or materials upon which the proposed disciplinary action is based. Within five (5)
working days after receipt of the written notice, the employee shall have the right to respond to
the Department Director, orally or in writing, concerning the proposed action.
Failure to respond within the time specified shall result in the employee’s waiver of the
employee’s pre-disciplinary right to respond. By mutual agreement, the specified time period
may be extended.
10.10.3 Employee Rights and Restrictions:
A. Right to Representation. The employee has the right to a representative
throughout the pre-disciplinary process, at the employee’s own cost. That representative
is chosen by the employee and may be an attorney, an outside representative, or another
- 94 -
Rev. July 2014
228
City employee. If a City employee is selected as the representative, that employee’s
Department Director must be notified in order to obtain permission to be absent from
assigned duties necessary to make representation. Such permission shall not be
unreasonably withheld.
B. Right to Investigate. The employee and the employee’s representative wishing to
enter a work area for the purpose of investigating the notice of proposed discipline must
first obtain permission to do so from the work area Supervisor. Any investigation shall
be conducted on non-working time unless the Department Director has granted prior
approval to use City time. Permission in either case shall not be unreasonably withheld,
giving consideration to the work of the department and occupational safety.
10.10.4 Department Director Decision: The Department Director or designated authority shall,
within five (5) working days, unless the Department Director or designee decides a longer period
is needed, provide a written decision to the employee after reviewing the employee’s response, if
any.
The decision shall be personally delivered to the employee or sent by certified mail to the
employee’s response and shall be dated and signed by the Department Director. If disciplinary
action is to be taken, the written response shall include a statement informing the employee of
the right to appeal and the time period within which the appeal must be made.
10.15 APPEAL OF DEPARTMENT DIRECTOR’S DECISION: An appeal of a Department
Director’s decision shall be made within five (5) working days of receiving the decision. An
appeal shall be accompanied by a copy of the written notice of disciplinary action served on the
employee, the Department Director’s written decision, a brief statement of the facts and reasons
for the appeal and a brief statement of the relief requested.
If, within the five (5) day appeal period, the employee involved does not file an appeal, unless
good cause for the failure is shown, the action of the Department Director or designated authority
shall be final, and not subject to any further appeal or right to appeal. If an employee withdraws
the appeal, the employee waives the right to further review. Upon approval of the City Manager,
the Employee Relations Officer may act on his behalf on such matters.
10.20 AMENDED NOTICE OF DISCIPLINARY ACTION: At any time before a disciplinary
action becomes final, the Department Director or designated authority may amend the proposed
disciplinary action and provide a supplemental notice of proposed disciplinary action.
A decision not to impose any disciplinary action may be accompanied by a directive from the
Department Director to delete all references to the pending action from the employee’s personnel
file(s). Failure by the Department to make further investigations or to provide an additional
written answer shall not affect the ability of the City to impose disciplinary action.
If the amended or supplemental notice of proposed disciplinary action presents new causes or
allegations, the employee shall be provided further written notices proved in Section 10.10.1 and
shall be afforded the opportunity to prepare a response in accordance with Section 10.10.2.
- 95 -
Rev. July 2014
229
SECTION 11: APPEAL HEARING PROCESS
11.05 HEARING OFFICER: The Hearing Officer is designated to hear appeals on Personnel
related matters, with the exception of grievances. The Hearing Officer shall be an outside
independent person (not employed by the City) who is qualified to hear such appeals. The
selection of the Hearing Officer shall be a joint decision between the employee and the City.
The costs of the Hearing Officer shall be borne by the City.
11.10 REQUEST FOR APPEAL: Every appeal to the Hearing Officer must be filed within five
(5) working days in writing with the Employee Relations Officer. Failure to file a timely appeal
shall be deemed a waiver of the right of appeal. The appeal shall state the facts upon which it is
based, the action requested by the Hearing Officer and it shall be signed and dated by the
appellant. The statement of facts in the appeal shall provide in sufficient detail the necessary
facts and identify all persons or departments concerned in order that the Hearing Officer may
understand the nature of the proceeding and appeal. The appellant’s Department Director shall
be considered the only respondent unless the written appeal identifies other respondents. The
Employee Relations Officer shall serve a copy of the appeal on the respondent.
The appellant or respondent may, at any time prior to the hearing, file a written statement setting
forth in detail all facts essential and necessary to support its position. The parties are encouraged
to include with and set forth in the statement all exhibits essential and necessary to support its
position and which it intends to offer into evidence.
11.15 ANSWER: The respondent is not required to file an answer to the appeal. If an answer
is filed prior to the hearing, a copy thereof shall be sent to the appellant by the Employee
Relations Officer. If no answer is filed, every relevant and material allegation of the appeal is in
issue; but in any case, irrelevant and immaterial issues may be excluded by the Hearing Officer.
11.20 TIME FOR HEARING: Within five (5) days after receipt of an appeal in writing, the
Employee Relations Officer shall notify in writing the appellant and respondent of the date, time
and place of said appeal hearing. Every hearing on an appeal shall commence within thirty (30)
days after notice by the Employee Relations Officer to the appellant and respondent of the date,
time and place of said appeal hearing unless:
11.20.1 The time is extended by mutual consent of the appellant and respondent;
11.20.2 A Hearing Officer cannot be selected within that time, in which case such hearing shall
be scheduled by the Hearing Officer as soon as practicable;
11.20.3 The Employee Relations Officer or the Hearing Officer has granted an extension of time
within which to commence the hearing.
11.25 NOTICE OF HEARING: Written notice of the time and place of hearing of appeal shall
be served by the Employee Relations Officer on the appellant and the respondent within five (5)
working days of receipt of the notice of appeal. This notice may be delivered personally or by
certified mail to the employee’s last known address. A respondent or appellant may seek a
continuance of the hearing date by making a written request to the Employee Relations Officer
stating the grounds for such a request and the requested date for the hearing. The Employee
- 96 -
Rev. July 2014
230
Relations Officer shall have the authority to determine whether to grant a continuance and to set
the hearing date.
11.30 PRE-HEARING MEETING: The Hearing Officer has the authority to require an
appellant and respondent to meet prior to the commencement of a hearing for the purpose of
using a good faith effort to prepare a joint written statement of the claims and defenses and
disputed and undisputed facts and to submit separate written statements where concurrence on
such items could not be achieved. Parties are encouraged to voluntarily meet for this purpose
and submit such statements.
11.35 WITNESS LIST AND SUBPOENAS: The respondent and appellant shall submit in
writing to the Employee Relations Officer, at least three (3) working days prior to the start of the
hearing, the name(s) of any witnesses expected to be called during the hearing. The Employee
Relations Officer shall provide each party the names of witnesses so submitted in advance of the
hearing. A respondent or appellant may request approval from the Hearing Officer for the
issuance of subpoenas to compel the person(s) to testify at a hearing or the production of
documents to be brought to a hearing by submitting a written request to the Employee Relations
Officer.
Such a request must state with particularity the person(s) or documents sought to be compelled,
and the relevancy of that person(s) or that document(s) or both to the matters to be tried in the
hearing. The Hearing Officer or the Employee Relations Officer, is so delegated, shall cause
subpoenas to be issued when the Hearing Officer or the Employee Relations Officer, whichever
applies, deems appropriate.
11.40 NATURE OF HEARING: Each hearing shall be closed unless the appellant requests an
open hearing. Any party may be self-represented, have legal counsel or another representative of
choice. The hearing shall be conducted by the Hearing Officer pursuant to these Policies. The
Hearing Officer shall have the authority to: open and adjourn the hearing, rule on evidentiary
questions, call, question, and cross-examine witnesses, call for and introduce documentary
evidence for the purpose of adequately understanding the facts and issues of the hearing,
otherwise control the conduct of the hearing, and meet in closed session with legal counsel to
deliberate and prepare findings.
The hearing shall be informal and technical Policies of evidence shall not apply to the
proceedings. Any relevant evidence will be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rule which may make improper admission of such
evidence over the objection in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence, but will not be sufficient in itself to support a
finding unless it would be admissible over objection to the same extent that it is now or hereafter
may be recognized in civil actions. Irrelevant, immaterial, unduly repetitious evidence or
evidence protected by the Policies of privilege recognized by law may be excluded. All
testimony at the hearing shall be recorded manually or by mechanical device or by use of a
Certified Short Hand Reporter (CSR). In the event a CSR is used, appellant and respondent shall
split costs. All testimony shall be given under oath. Stipulations of fact may be introduced into
evidence with respect to any issue. Each respondent and appellant shall have the right to appear,
- 97 -
Rev. July 2014
231
to speak, to call, to examine, and to cross-examine witnesses including those called by the
Hearing Officer and to introduce documentary and other evidence. If the appellant does not
testify in the appellant’s own behalf, the appellant may be called and examined as if under cross
examination.
11.45 EXCLUSION OF WITNESSES: Upon the motion of any appellant, respondent or upon
its own motion the Hearing Officer may exclude from the hearing room any witnesses not at the
time under examination; but an appellant or respondent to the proceedings or their
representatives in the case shall not be excluded.
11.50 PROPOSED FINDINGS OF FACT: Both appellant and respondent shall have the right
to file proposed findings of facts or a brief or both with the Hearing Officer on or before the date
the hearing is closed. Any party who submits proposed findings of facts, a brief, or both, must
serve such document immediately upon all other parties to the hearing.
11.55 OFFICIAL/JUDICIAL NOTICE: In reaching a decision, the Hearing Officer may take
official notice of any matter which may be judicially noticed by the courts of this State. Parties
present at the hearing will be informed of the matters to be noticed and those matters will be
noted in or appended to the record. Any party will be given a reasonable opportunity on request
to refute the officially noticed matters by evidence or by written or oral presentation of authority,
with the specific manner to be determined by the Hearing Officer.
11.60 ORDER OF PROOF AT HEARING: The order of proof in the hearing will be as
follows:
A. The respondent will present evidence in support of the disciplinary action.
B. The appellant or the appellant’s representative will produce such evidence as the
appellant may wish to offer in the appellant’s defense.
C. Any party may then offer rebuttal evidence, with the respondent having the right
of last rebuttal.
11.65 FINDINGS OF FACT AND RECOMMENDATIONS TO THE CITY MANAGER: The
Hearing Officer shall make and certify written findings of fact and recommendations to the City
Manager no later than thirty (30) working days after completing the Hearing.
11.70 DISPOSITION OF APPEAL: Within ten (10) working days of receipt of the Hearing
Officer’s findings of fact and recommendation, the City Manager shall adopt, reject or modify in
whole or in part the recommendation of the Hearing Officer, and shall so notify the employee,
respondent and the Hearing Officer. The City Manager’s decision will be final and binding. The
City Manager shall not be involved in the disciplinary process at any point (other than simply
being made aware that disciplinary action is proposed, or in the event that the discipline involves
a department director) until receiving the Hearing Officer’s findings of fact and
recommendation, and shall make his/her decision based upon an independent review of the
record from the appeal hearing and the Hearing Officer’s findings of fact and recommendations.
The City Manager shall modify or reject the Hearing Officer’s recommended decision only for
- 98 -
Rev. July 2014
232
just cause, supported by substantial evidence in the record, as set forth in the City Manager’s
written final decision.
11.75 BURDEN OF PROOF: The Respondent carries the ultimate burden of proof of which is
a preponderance of the evidence.
11.80 WITHDRAWAL OF AN APPEAL: The appellant may submit a written request to
withdraw the appeal at any time before a final and binding decision is made.
- 99 -
Rev. July 2014
233
SECTION 12: GRIEVANCES
12.05 MATTERS SUBJECT TO GRIEVANCE PROCEDURES: A “grievance” is a job-
related complaint by an employee regarding the terms and conditions of employment which arise
out of a specific fact, situation, or transaction, other than discipline, that results in an alleged
violation of existing ordinances, rules, regulations, or policies administered by the employee’s
Department Director or designated authority concerning wages, hours, other terms and
conditions of employment. The solution of any such grievance must be wholly or partially
within the province of the City to rectify.
12.10 MATTERS NOT SUBJECT TO GRIEVANCE PROCEDURES: The following matters
are not subject to the grievance procedure:
12.10.1 Employee discipline (as defined in Section 10.10).
12.10.2 Employee performance evaluations, including denial of a salary increase, performance
pay increase, and other merit or performance pay issues.
12.10.3 Management of the City generally and issues of City or Department policy.
12.10.4 Necessity and organization of any service or activity conducted by the City including the
expansion or reduction of services or work force.
12.10.5 Determination of the nature, manner, means, technology and extent of services to be
provided to the public.
12.10.6 Types of equipment or technology to be used.
12.10.7 Determination of and/or change in facilities, methods, technology, means and size of the
work force by which City operations are to be conducted.
12.10.8 Determination of and change in the location, number of locations, relocations and types
of operations, processes and materials to be used in carrying out City functions.
12.10.9 Work assignments and schedules in accordance with requirements as determined by the
City.
12.10.10 Establishment, implementation and modification of productivity and performance
programs and standards.
12.10.11 Reductions in force or layoffs for lack of work or other non-disciplinary reasons.
12.10.12 Establishment and approved modifications of Classification Specifications.
12.10.13 Determination of standards, policies and procedures for selection, training and
promotion of employees.
12.10.14 Establishment, implementation and modification of Departmental organization,
supervisory assignments, chains of command and reporting responsibilities.
- 100 -
Rev. July 2014
234
12.10.15 Levels of compensation, pay and benefits based upon budgetary and fiscal
considerations.
12.15 FREEDOM FROM REPRISAL: No employee shall be subject to coercion or
disciplinary action for discussing a request or complaint with his/her immediate Supervisor, or
for filing a grievance petition.
12.20 RESOLUTION: Any grievance petitions resolved at any step of the grievance procedure
shall be considered conclusive.Any grievance shall be considered resolved if it is not brought
forward by the grievant through the grievance steps in the time frame prescribed.
12.25 WITHDRAWAL: Any grievance petition may be withdrawn by the grievant at any time,
without prejudice.
12.30 RESUBMISSION: Upon consent of the person hearing the grievance petition and the
grievant, a petition may be resubmitted to a lower step in the grievance procedure for
reconsideration.
12.35 EMPLOYEE REPRESENTATION: If requested, an employee may have representation
in the preparation and presentation of the grievance at any step in the formal grievance
procedure, except that no Supervisor or Department Director shall be represented by an
employee whom the employee may supervise, and no employee shall be represented by a
Supervisor or Department Director.
The employee(s) and one employee representative are entitled to be released from work for a
reasonable period of time in order to present the grievance.
12.40 OBEY NOW/GRIEVE LATER: If an employee is given a legitimate order that he/she
wishes to grieve, the employee must first complete the assignment and file a grievance later
unless the assignment endangers the health or safety of the employee or others, or if the
requested assignment violates the employee’s constitutional rights.
12.45 INITIATION OF GRIEVANCE PROCEDURE: An employee must initiate the
grievance procedure (formal or informal) within fifteen (15) working days of the occurrence of
the event giving rise to the grievance or within fifteen (15) working days after the grievant
should, with reasonable diligence, have had knowledge of such occurrence, whichever is later.
12.50 INFORMAL GRIEVANCE PROCEDURE: Every effort should be made to resolve a
grievance through discussion between the employee and the employee’s immediate Supervisor,
unless extenuating circumstances exist.
If the employee is not satisfied with the decision reached through the informal discussion, or if
extenuating circumstances exist, the employee shall have the right to file a formal grievance in
accordance with Section 12.55.
- 101 -
Rev. July 2014
235
12.55 FORMAL GRIEVANCE PROCEDURE:
Step I: If the employee is not in agreement with the decision rendered in the informal grievance
procedure, he/she shall have the right to present a formal grievance to the Department Director
within fifteen (15) working days after the occurrence of the incident causing the grievance, if
applicable. Otherwise, the right to file a grievance petition shall be waived.
All grievances shall be submitted in the format prescribed by the Employee Relations Officer,
and no grievance petition shall be accepted until the form is complete. The written grievance
shall contain a clear, concise statement of the grievance and the facts upon which it is based;
rule, regulation or policy allegedly violated; and the specific remedies sought.
The Department Director will render a written decision within five (5) working days after receipt
of the written grievance.
Step II: If the grievance is not satisfactorily resolved in Step I, the employee shall have the right
to submit the written grievance to the Employee Relations Officer within five (5) working days
after the Department Director’s decision is received by the employee.
The Employee Relations Officer will render a written decision within five (5) working days after
receipt of the written grievance.
Step III: If the grievance has not been satisfactorily resolved at Step II, the employee may appeal
within five (5) working days, and the City and Association shall mutually select a mediator from
the State Mediation and Conciliation Service to consider the grievance. The mediator may
consider written documents and/or oral statements, and shall render a written advisory decision
to the City Manager within ten (10) days.
The City Manager may accept or reject the advisory decision of the mediator, and will render a
written final decision within five (5) days of receiving the mediator’s advisory decision. The
decision of the City Manager shall be final and conclusive.
If mutually agreeable, a meeting may be conducted involving all affected parties at any step in
the grievance procedure prior to the rendering of a decision.
GRIEVANCE PROCEDURES
STEP CONTACT FILE DECISION
Informal Supervisor N/A Immediate
Step I Formal Department Director 15 working days from 5 working days from
Informal Decision filing
Step II Formal Employee Relations 5 working days from 5 working days from
OfficerStep I Decision filing
Step III Formal State Mediator/City 5 working days from 5 working days from
ManagerStep II Decision receipt of Mediator’s
advisory decision
- 102 -
Rev. July 2014
236
SECTION 13: EMPLOYEE RECORDS AND FILES
13.05 PERSONNEL FILES:
13.05.1 Central Personnel Files: The Employee Relations Officer shall maintain a central
personnel file for each City employee indicating the employee’s name, title of position, the
department assigned, salary, changes in employment status, performance evaluations,
disciplinary documents, and such other information as may be considered pertinent by the
Employee Relations Officer. Copies of documents concerning disciplinary actions taken by the
Supervisor or Department Director must be placed in the employee’s central personnel file.
There will be no disclosures of this information to third parties except as authorized by State or
Federal law or as duly authorized in writing by the employee.
Personnel files shall be kept in locked, fire-proof files located in or near the Human
Resources/General Services Manager’s office.
13.05.2 Payroll Files: The Human Resources/Risk Manager shall maintain a file for each City
employee showing the name, title of position, the department assigned, salary, changes in
employment status, W-4 forms, payroll deductions and such other information as may be
considered pertinent by the Finance Director.
There will be no disclosures of this information to third parties except as authorized by State or
Federal law, or as duly authorized in writing by the employee to third parties.
Nothing herein shall prohibit the City from keeping or placing documents in an observation
folder for the purpose of investigating alleged criminal conduct. For the purpose of this Section,
an observation folder shall not be considered a personnel file, and an employee or the
employee’s designated representative shall not have access to observation folders nor receive
copies of documents placed in such folder.
Unless required for a criminal investigation, an observation folder on an employee shall remain
open for a maximum of six (6) months. If disciplinary action by the City is warranted or if the
employee is found guilty of criminal activity, documents in the observation folder shall be placed
in the employee’s personnel file.
13.10 DOCUMENTS IN PERSONNEL FILES: Upon request of the employee, an employee
may place documents in the employee’s respective personnel files that commend his/her job
performance with the City or demonstrates educational attainment.
Disciplinary documents shall be placed in personnel files in accordance with Section 9.55. An
employee shall be provided a copy of any documents placed in the employee’s personnel file(s)
and may review their file on request, within the time constraints and work schedule of the
Employee Relations Officer. A witness shall be present at all times when an employee is
reviewing their personnel file.
- 103 -
Rev. July 2014
237
13.15 DISCLOSURE OF INFORMATION: To the maximum extent possible, no direct
information contained in the personnel files shall be disclosed concerning any current or former
City employee, without the employee’s consent, other than the employee’s job title, inclusive
dates of employment, work location, salary, work phone number, departmental assignment and
the nature of separation, resignation, or termination to any person other than the Employee
Relations Officer, City Attorney, Special Legal Counsel, the employee’s Department Director, or
their designated representatives. An employee or former employee may authorize access to or
the disclosure of information from their file only when written permission is provided to the
Employee Relations Officer.
Nothing herein shall preclude nor specifically deny the use of any information in personnel files
in any phase of a disciplinary or probationary action.
13.20 CHANGE IN STATUS: It is the employee’s responsibility to notify the Employee
Relations Officer of any changes in the employee’s address, phone number, marital status,
dependent status, name change, training certificates, emergency contact, driving status/record,
criminal convictions, or other pertinent information.
13.25 APPLICATION RETENTION: Applications submitted by candidates for City
employment become the property of the City and will be retained for the life of the eligibility list
for the position.
13.30 DESTRUCTION OF PERSONNEL RECORDS: Personnel records, shall be destroyed
five years after the date of resignation or termination, in accordance with any provision of the
City’s system for destruction of public records and then in accordance with other applicable
laws.
- 104 -
Rev. July 2014
238
SECTION 14: EMPLOYEE BENEFIT PLAN
In order to establish an equitable system of working hours, compensation, and benefits, the City
Council will, from time to time, establish a Benefits Plan, which will define separate benefit
categories for compensation, benefits, and accrual rates, depending upon the nature of the
position. An Employee, other than a City Council Member, must work a minimum of thirty (30)
hours per week to be eligible for the health benefit plan offered by the City. An Employee who
works between thirty (30) and forty (40) hours per week (other than employees participating in
the Alternate Work Week Schedule) will receive 75% of the contribution the City pays for a full-
time Employee and/or dependent(s).
14.05 HEALTH, DENTAL, VISION AND LIFE INSURANCE BENEFITS:
A. Benefits for City Employees shall be provided as outlined in the City’s Health
Benefit Plan. Further information on these benefits may be obtained by contacting
Human Resources. Regular Employees working less than thirty (30) hours per week and
temporary Employees are not eligible for any health benefits. The City retains the right
to alter the benefit plan, if it finds such changes to be in the best interest of the City.
B. At-will Employees shall be provided benefits as outlined in the contract
negotiated for each position.
14.10 HOLIDAYS: Days which are designated as paid holidays by the City Council shall be
legal holidays for City employees unless otherwise specified. Each holiday shall be considered
eight (8) hours. A holiday falling on Sunday will be observed the following Monday. A holiday
falling on Saturday will be observed the previous Friday.
14.10.1 Regular full-time employees are entitled to the following ten (10) paid holidays each
year:
New Year’s Day January 1
Dr. Martin Luther King, Jr. Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veterans’ Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Friday after Thanksgiving
*Christmas Eve Day December 24
Christmas Day December 25
*New Year’s Eve Day December 31
*Christmas Eve (December 24) and New Year’s Eve (December 31) in the event those
days fall on a weekday are considered paid holidays, and all employees shall receive
eight (8) hours of holiday pay for each.
- 105 -
Rev. July 2014
239
In the event an employee is required to work on a holiday, he/she shall be entitled to: (1) a
minimum of four (4) hours straight time (either paid or in compensatory time); (2) eight (8)
hours Holiday Pay; and (3) if the minimum four hours takes the employee over forty (40) hours
for the work week, he/she shall be paid at time and one-half for all hours worked over 40.
In the event of a conflict between any provision of this section and Section 14.35.5 (Call-back),
the affected employee shall be given the greatest benefit provided under the two sections.
Floating holidays:
Regular full-time employees are also entitled to sixteen (16) hours of floating holidays each
calendar year, to be selected by the employee provided the employee’s supervisor deems the
selected day(s) compatible with work schedules. All floating holiday hours must be taken within
the calendar year in which they are earned.
In the event of the employee’s failure for any reason to take such floating holiday hours during
any calendar year or prior to his/her termination of employment with the City, he/she shall be
entitled to compensation for the floating holiday hours not used.
Probationary employees may use their floating holiday hours if necessary.
14.10.2 Regular Part-time Employees who work at least thirty (30) hours per week, shall receive
holiday compensation on a pro rata basis for the twelve (12) holidays listed above. Holiday
compensation for these employees shall be calculated by the number of hours worked as a
percentage of a forty (40) hour work week.
14.10.3 Temporary and Seasonal Employees will not be given paid holidays, but will be given
leave without pay on holidays which preclude their working.
14.10.4 In-Lieu Holiday: Any non-exempt employee whose regular work schedule requires the
employee to work on an approved holiday will be awarded another floating holiday. Such
employees who work less than eight (8) hours on a holiday will receive a floating holiday
equaling the actual time worked. Said floating holiday must be taken during the same pay period
as the holiday observed by the rest of the work force.
14.15 VACATION LEAVE:
14.15.1 Vacation Earned: Full-time employees shall be provided with vacation earnings based
on the following schedule:
Years of full time Annual number of
service hours eligible to earn
Beginning year 0 - 1 80 hours
Beginning year 2 88 hours
Beginning year 3 96 hours
Beginning year 4 104 hours
Beginning year 5 112 hours
- 106 -
Rev. July 2014
240
Beginning year 6 120 hours
Beginning year 7 128 hours
Beginning year 8 136 hours
Beginning year 9 144 hours
Beginning year 10 152 hours
Beginning year 11 and after 160 hours
No vacation days may be accrued or used during an employee’s first three (3) months of service.
At the end of three (3) months, vacation in an amount which would have been earned during the
first three (3) months period will be credited to the employee’s leave account in a lump sum and
is available for use.
14.15.2 Limitations:
A. Vacation is earned annually and is computed on the basis of number of months, or
major portion of a month, actually worked within a calendar year.
B. Additional hours of vacation are earned on the anniversary date of the regular
employee.
C. No vacation shall be credited for time during which a regular employee is absent
from duty without pay in excess of thirty (30) days.
D. All vacations shall be requested in writing in advance, and taken at such time as
approved by the Department Director. The Department Director shall either approve or
deny a vacation request within three (3) work days after receiving the request. Failure to
obtain prior written approval may result in loss of pay for unapproved time off.
E. Each accrued vacation day shall be considered eight (8) hours.
F. Vacation leave may be taken in any increment of minutes, approved by
management.
G. Illness during a vacation period shall not be considered as sick leave.
H. Employees absent due to sick leave or other approved leave of absence shall
continue to accrue vacation leave unless such absence exceeds thirty (30) consecutive
days, in which case there shall be no accrual of vacation leave during the period of
absence.
14.15.3 Regular Part-time Employees who work at least thirty (30) hours per week shall receive
vacation benefits on a pro rata basis, calculated by the number of hours worked as a percentage
of a forty (40) hour work week. Employees in this category may accrue up to 160 hours of
vacation leave.
- 107 -
Rev. July 2014
241
14.15.4 Vacation Buy-Back:
A. Mandatory Buy-Back
Vacation hours may be accumulated and carried over to succeeding calendar years up to a
maximum accrual of 320 hours. Accrued vacation hours which exceed 320 hours as of
the last pay period of November of each year shall be paid at the employee’s regular rate
of pay as time worked and shall be issued as a separate check in December.
B.Optional
In addition to the above, employees with a minimum of 80 hours of accrued vacation
time as of the last pay period in November in any calendar year, may receive pay at the
employee’s regular rate of pay, for a portion or the entire amount over 80 hours, provided
that the employee’s vacation bank has been reduced by at least 40 hours of vacation in
the prior year between December 1 and November 30. Any employee desiring to
exercise this option must make a written request to the Finance Director no later than
November 15 in the calendar year for which vacation buy back is sought. The buy-back
pay will be issued as a separate check in December.
C.Regular Part-Time Employees
Regular Part-Time employees with a minimum of 60 hours of accrued vacation time as of
the last pay period in November in any calendar year, may receive pay at the employee’s
regular rate of pay, for a portion or the entire amount over 60 hours, provided that the
employee’s vacation bank has been reduced by at least 30 hours of vacation time in the
prior year between December 1 and November 30. Regular, part-time employees
wishing to exercise this option must make a written request to the Finance Director no
later than November 15 in the calendar year for which vacation buy-back is sought. The
buy-back pay will be issued as a separate check in December.
14.15.5 Vacation Leave Transfer Policy (VLTP):
The conditions for participation in the Vacation Leave Transfer Policy (VLTP) are as follows:
A. If a full-time permanent City employee has been granted leave under the Family
and Medical Leave Act of 1993, which is for a period of up to twelve (12) weeks, and the
employee has exhausted all earned leave credits – sick, vacation, administrative,
compensatory (comp) time, and holiday credits, due to injury or illness of himself/herself
or an immediate family member, the employee can request approval to take part in the
VLTP, wherein fellow employees can donate vacation leave or comp time to enable
employees in these situations to continue to receive their regular pay. An employee is
eligible to participate in the VLTP when he/she has been employed at least 12 months,
completed their probationary period, and worked for at least 1,250 hours during the 12-
month period immediately preceding the request for VLTP.
B. To participate in the VLTP, a request must be submitted specifically on the VLTP
Request Form to the department head and then to the Employee Relations Officer (ERO)
- 108 -
Rev. July 2014
242
for approval of donated vacation leave or comp time from fellow employees. Any appeal
or a denial of a request to participate in the VLTP will be resolved by the City Manager.
The decision of the City Manager shall be final, not grievable and not subject to further
appeal.
C. The ERO shall manage all aspects of the VLTP.
D. If a request for donated vacation leave or comp time is approved by the ERO, a
notice will be posted informing City employees of the particular employee in need of
donation assistance through the VLTP.
E. Any employee wishing to contribute vacation leave or comp time must sign an
authorization form specifying the employee to which the donation will be made and
acknowledging that the donation is irrevocable.
F. The application rate of an employee’s vacation leave or comp time donation will
be on an hour-for-hour basis with no adjustment for dollar value.
G. All donations will be voluntary and confidential.
H. Except for the notice and memorandum notifying employees of a specific
employee’s sick leave need, no City employee may solicit donations from any other
employee. (General discussion of voluntary donation versus solicitation at La Quinta
City Employees’ Association meetings is exempted.)
I. No supervisor shall make work-place decisions based on any employee’s
participation or non-participation in the VLTP.
J. The City Finance Department (Finance) will set up a trust account for all
approved employee vacation leave or compensatory time donation request in the
requesting employee’s name, into which each donating employee’s vacation leave or
comp time will be noted, and used as needed.
K. Employees on VLTP shall be paid at regularly scheduled City pay periods from
the trust account Finance establishes. The amount of payment shall be the total monetary
amount of vacation leave or compensatory time donated up to a maximum of 100% of
employee’s regular pay, less: (1) any disability benefit offered through the City, Worker’s
Compensation Benefit, or Medicare amounts the employee is receiving during the pay
period, and (2) regular taxes.
L. Per the Federal Family Medical Leave Act (FMLA), group health insurance
coverage and other negotiated benefits must be provided to all employees while on the
VLTP, as long as the employee’s total FMLA and VLTP time does not exceed twelve
(12) working weeks. Thereafter, if the employee is not on paid status by virtue of
continuing to utilize at least half (50%) of the hours needed per pay period to receive a
full paycheck through the use of their accrued sick leave, vacation, compensatory time-
off, administrative leave allowances, or leave donated under this Section 14.15.5, the
employee will be required to personally fund this benefit if the employee wishes to retain
- 109 -
Rev. July 2014
243
it. If the employee uses less than 50% of the hours needed per pay period to receive a full
paycheck through the use of their accruals, the employee will be required to personally
fund their medical premium payments if the employee wishes to retain group health
insurance coverage.
M. Attendance and Payroll records of employees on VLTP shall denote a “DL,”
standing for Donated Leave, for time paid to employee while on this program.
N. No sick leave, vacation leave, holiday credits, administrative leave, compensatory
time, deferred compensation, PERS or any other applicable benefits shall accrue to
receiving employee for any hours provided by donee through the VLTP.
O. Vacation leave donations or compensatory time shall in no way affect or modify
the receiving employee’s employment status with the City, nor shall it affect or modify
the application of applicable City policies, rules and ordinances.
P. Employees on VLTP who remain on an authorized unpaid leave of absence after
FMLA is exhausted may continue to receive assigned donated vacation leave and
compensatory time from other regular City employees until the employee returns to
work, is terminated, or meets the maximum hours under Section U, below.
Q. Availability of donated vacation leave or compensatory time shall in no way delay
or prevent the City from taking action to medically separate or disability-retire an
employee.
R. Donated but unused vacation and compensatory time shall “expire” once the
requesting employee returns to work on a full-time basis.
S. The recipient employees must be unable to work in any capacity as a result of a
serious injury or illness to the employee or a member of their immediate family in order
to be eligible to receive donations under the VLTP.
T. The total amount of hours donated to any individual shall not exceed two hundred
forty (240) hours in any calendar year.
U. Only the recipient employees for whom the VLTP has been established may
receive donated hours from said plan. Such donated hours will be added to the
employee’s sick leave balance, as needed.
V. The plan will be administered so that hours will be used only as needed and in the
order donated.
14.20 SICK LEAVE: Sick Leave shall be allowed only in case of necessity and actual sickness
or disability of the employee and employee’s dependents (as “dependent” is defined in Section
1.25.20 of these Personnel Policies). Sick Leave is not an earned right to time off from work. If
an employee is to be absent from work due to illness or other allowable reason, the employee
must notify the Supervisor by telephone within the first half hour of normal reporting time, or
earlier if possible.
- 110 -
Rev. July 2014
244
An employee’s preventative medical and dental appointments (within reason) and dependent
care (“dependent” is defined in Section 1.25.20 of these Personnel Policies) are acceptable uses
of sick leave. The City’s policy for Sick Leave accrual and “buy-back” is as follows:
14.20.1 Use of Sick Leave: Sick Leave shall be used for illness, off-duty, non-work connected
injury, physical examination, including eye examinations, dentist appointments, or other
commonly accepted health related matters.
14.20.2 Eligibility: All full-time regular employees are eligible for Sick Leave after completing
three (3) months of service. At which time sick leave, in an amount which would have been
earned during the first three (3) months period, will be credited to the employee’s Leave Account
in a lump sum and is available for use.
14.20.3 Number of Hours Sick Leave Allowed: The employees shall be credited with eight (8)
hours per month of work, or major fraction thereof.
14.20.4 Excessive Absenteeism or Tardiness: An employee may be disciplined for excessive
absenteeism or tardiness (excused or not) which affects the employee’s ability to perform
assigned duties; interferes with the efficient or effective operation of City programs, or
establishes a pattern of abuse or neglect. Each situation of excessive absenteeism or tardiness
shall be evaluated on a case-by-case basis (exceptions may include FMLA leave or other
approved leaves of absence).
Discipline under this Section shall be subject to the progressive discipline guidelines outlined in
Personnel Policy Section 9.05.
14.20.5 Definitions:
a. Sick Leave: absence for health related matters of the employee or dependents of
the employee (as defined in Section 1.25.20 of these Personnel Policies).
b. Improper Use of Sick Leave: Evidence substantiating any improper use of sick
leave, use of such leave for anything other than a bona fide reason, or any violation of the
rules herein shall be considered grounds for disciplinary action, up to and including
termination.
c. Misuse of Sick Leave: Use of sick leave for that which it was not intended or
provided.
d. Pattern Abuse: Consistent periods of sick leave usage, for example:
i. Before and/or after weekends.
ii. Any one specific day.
iii. Half days.
iv. Continued pattern of maintaining zero or near zero sick leave balances.
- 111 -
Rev. July 2014
245
v. Excessive absenteeism – use of more sick leave than accrued or granted.
14.20.6 Sick Leave Pay Back:
A. City agrees to provide Sick Leave pay back upon employee’s termination, as
follows:
2 through 4 years service 25%
5 through 9 years service 50%
10 years service and up 75%
B. A maximum Sick Leave accrual of four hundred eighty (480) hours shall be
established. If the maximum accrual of Sick Leave has been reached as of the last pay
period in November in any calendar year employee shall be reimbursed for the number of
Sick Leave days that would have been accrued and unused above the maximum,
according to the formula used for Sick Leave pay back upon employee termination, as
above. Employees have the option to be reimbursed for accrued and unused sick leave
above 240 hours up to 480 hours once every year. The sick time pay back will be issued
as a separate check in December.
C. City agrees to provide short-term disability insurance coverage. The actual terms
and benefits of the City’s Disability Leave are governed by the disability insurance
program in effect at the time the disability leave is requested.
14.20.7 Filing Statement of Cause: An employee who is absent because of illness may be
required to file a written statement describing the illness or reason for absence, which then must
be approved by the Employee Relations Officer. If an absence because of illness or disability
extends beyond three (3) consecutive work days, the employee may be required to file a
statement from the employee’s physician.
14.20.8 Effect of Absence on Sick Leave: Absence due to Sick Leave or other approved Leave
of Absence will not affect computations for sick leave unless such absences exceed one (1)
month, in which case that month, or more, shall be excluded from computation.
14.20.9 Temporary and Seasonal Employees shall not accrue paid sick leave, but may take leave
without pay as approved by their Supervisors.
14.20.10 Regular Part-Time Employees who work at least thirty (30) hours per week shall accrue
paid sick leave, pro-rated calculated by the number of hours worked as a percentage of a forty
(40) hour work week. Employees in this category may accrue up to three hundred sixty (360)
hours of sick leave. Sick leave pay back shall be calculated pursuant to Section 14.20.6.
14.21 KIN CARE LEAVE
(a) An employee may use in any calendar year the employee’s accrued and available sick
leave entitlement, in an amount not less than the sick leave that would be accrued during
six months at the employee’s then current rate of entitlement, to attend to an illness of a
child, parent, spouse, or domestic partner of the employee. All conditions and
- 112 -
Rev. July 2014
246
restrictions placed by the City upon the use by an employee of sick leave also shall apply
to the use by an employee of sick leave to attend to an illness of his or her child, parent,
spouse, or domestic partner. This section does not extend the maximum period of leave
to which an employee is entitled under Section 12945.2 of the Government Code or
under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2606 et seq.),
regardless of whether the employee receives sick leave compensation during that leave.
(b) As used in this section:
(1) “Child” means a biological, foster, or adopted child, a stepchild, a legal ward,
a child of a domestic partner, or a child of a person standing in loco parentis.
(2) “Parent” means a biological, foster, or adoptive parent, a stepparent, or a legal
guardian.
(3) “Sick leave” means accrued increments of compensated leave provided by the
City to an employee for use by the employee during an absence from the
employment for any of the following reasons:
(A) The employee is physically or mentally unable to perform his or her
duties due to illness, injury, or a medical condition of the employee.
(B) The absence is for the purpose of obtaining professional diagnosis or
treatment for a medical condition of the employee.
(C) The absence is for other medical reasons of the employee, such as
pregnancy or obtaining a physical examination. “Sick leave” does not
include any benefit provided under an employee welfare benefit plan
subject to the federal Employee Retirement Income Security Act of 1974
(Public Law 93-406, as amended) and does not include any insurance
benefit, workers’ compensation benefit, unemployment compensation
disability benefit, or benefit not payable from the employer’s general
assets.
14.25 BEREAVEMENT LEAVE: Employees shall be allowed twenty-four (24) hours
Bereavement Leave in the event of death of an immediate family member as defined in Section
1.25.57. Regular, part time employees who work at least thirty (30) hours per week shall be
allowed eighteen (18) hours of Bereavement Leave. There is no annual restriction on the number
of bereavement leaves required by an employee. Initial probationary employees are not eligible
for bereavement leave until after the first three (3) months.
14.30 ADMINISTRATIVE LEAVE: The following designated employees will receive
Administrative Leave days. The probationary status of such employees will not preclude the
accrual and/or utilization of administrative leave.
14.30.1 Executive Management: The following positions shall receive eighty (80) hours of
Administrative Leave per calendar year:
- 113 -
Rev. July 2014
247
City Clerk
City Manager
Community Development Director
Finance Director/Treasurer
Deputy City Manager
Public Works Director/City Engineer
If any of the above positions have a written employment contract with the City, administrative
leave will be negotiated on a case by case basis, and the eighty (80) hours shall not apply.
14.30.2 Professional/Administrative/Management Employees: The following FLSA exempt
positions shall receive forty (40) hours of Administrative Leave per calendar year:
Accounting Manager
Assistant Civil Engineer
Associate Engineer
Associate Planner
Business Analyst
Golf, Parks & Facilities Manager
Maintenance Manager
Management Analyst
Management Assistant
Human Resources/Risk Manager
Planning Manager
Principal Planner Principal Engineer
Construction Manager/ Inspection Supervisor
14.30.3 Accrual and Use: Upon hire, employees are credited a prorated amount of
Administrative Leave upon appointment. The prorated amount of Administrative Leave to be
accrued for the calendar year may be used at any time during the year subject to the Supervisor’s
approval. Administrative Leave is available for use by probationary employees, at the discretion
of the Department Director.
If an employee terminates, the employee will only be paid for the prorated Administrative Leave
earned to the date of termination. If the employee who terminates has not earned enough
prorated Administrative Leave to cover Administrative Leave used prior to termination, the
remaining balance due shall be subtracted from any Vacation or Sick Leave buy out, or earned
salary that the employee may be due upon termination.
Administrative Leave should not be accrued beyond calendar year end and is encouraged to be
taken. It should be utilized within the calendar year it is earned. The Employee Relations
Officer may allow carry-over accrual when circumstances warrant.
- 114 -
Rev. July 2014
248
14.35 OVERTIME COMPENSATION: Overtime compensation shall be provided to City
employees as follows:
14.35.1 Executive Management, Middle Management and Professional/Administrative.
Management Employees are salaried employees and shall not receive overtime compensation.
14.35.2 General Non-exempt and Part-time Employees may receive overtime compensation in
the form of paid time or compensatory time off, at a pay rate of time and one-half, for all hours
worked in excess of forty (40) in one work week. For purposes of calculating overtime, floating
holidays, sick leave, compensatory time used, and vacation will not be counted toward the 40-
hour work week. All overtime must be approved by the Department Director prior to any
accumulation of hours.
Cash payment of overtime shall be limited to fiscal budgetary restrictions, and employees are
encouraged to receive overtime compensation as compensatory time off in lieu of cash payment.
Employees in these categories may accrue compensatory time up to a maximum of forty (40)
hours. The Employee Relations Officer may allow accrual beyond the maximum if
circumstances warrant. All compensatory time shall be requested three (3) days in advance, and
shall be granted by the Department Director unless the time off will adversely impact the
organization and/or work load.
14.35.3 Maximum Accrual: An employee who has accumulated the maximum amount of
compensatory time shall not work overtime on a compensatory time basis until the accumulation
has been reduced to less than the maximum accumulation allowed under these Rules. This in no
way limits or caps paid overtime.
14.35.4 All overtime worked in less than one (1) hour increments in a work shift shall be
compensated for in the following manner:
Time Worked Overtime Compensation
0- 1 5 minutes 1/4 hour x 1.5
16-30 minutes 1/2 hour x 1.5
31-44 minutes 3/4 hour x 1.5
45-60 minutes 1 hour x 1.5
14.35.5 Call Back: When an off duty employee is called back to work, the employee shall
receive a minimum of two (2) hours pay or two (2) hours compensatory time, at the Department
Director’s discretion. If the call back assignment exceeds the two (2) hour minimum, the
employee shall be compensated at time and one-half, either with pay or compensatory time.
Time worked does not include travel time to the work site.
14.35.6 Standby:Employees occupying a position designated by the Department Director and
approved by the Employee Relations Officer as appropriate for standby pay are required to be
subject to call by telephone or other approved methods. Standby assignments shall be scheduled
in advance by the appropriate Department Director, and shall be automatically forfeited if the
employee is unavailable or unfit when called for duty. Employees working standby assignments
shall be paid twenty-five dollars ($25.00) per work day, and sixty dollars ($60.00) per holiday.
- 115 -
Rev. July 2014
249
Employees out on an excused leave of absence (i.e., sick leave, vacation leave, use of comp time
off, administrative leave, etc.) are not eligible for standby pay on days for which they are not
available to report to duty.
In addition to the standby pay, an employee called for standby work shall be compensated at
time and one-half, either with pay or compensatory time at the employee’s discretion, from the
time the employee enters the City limits until he/she leaves the City limits. All employees
placed on standby must be able to reach the City limits within thirty (30) minutes under normal
driving conditions.
- 116 -
Rev. July 2014
250
SECTION 15: TRAINING AND TRAVEL
15.05 TRAINING: The City recognizes the importance of employee development and training
in an effort to improve the capabilities and effectiveness of City personnel. Training shall be
geared to both organizational improvement and individual employee development. This
development shall not only be the responsibility of the Department Directors or Supervisors, but
shall be shared with employees in a total organizational effort.
15.10 IN-HOUSE TRAINING: Employees who have training, knowledge or expertise in a
subject area, or have recently attended a seminar or conference in a given subject matter, may be
asked to share this information with other employees. Such in-house training may be informal or
formal, depending upon the nature of the training, and can include any variety of topics.
15.15 DEPARTMENT TRAINING: City departments and divisions are encouraged to offer
specialized training to their employees. Such training shall be the responsibility of the
Department Director and may include topics such as safety, equipment operation and other
training in their specific fields of responsibility.
15.20 SEMINARS AND CONFERENCES: Employees may attend seminars or conferences
covering current issues and areas relevant to their positions under the following conditions:
15.20.1 Employees must submit their request on forms prescribed by the Finance
Department and follow all applicable procedures.
15.20.2 Budgeted funds must exist for all such training and any travel. All travel that
requires travel authorization must have City Manager and/or City Council approval.
15.20.3 Employees must comply with the City’s Administrative Travel and Expense
Policy and provide necessary receipt documentation.
15.20.4 Employees who have recently achieved such training must be willing to provide
“in-house” training to other employees, if requested.
15.25 TUITION REIMBURSEMENT: Subject to Department Director and Employee
Relations Officer (or designee) approval, employees may attend and be reimbursed for part or all
of the costs of educational and other training courses which provide a benefit to the City. During
the budget process, money will be included annually for educational reimbursement.
Any educational or training course that is a requirement for continuation of employment or is an
identified part of a job evaluation shall be paid for by the City. All employees with prior
approval by the Employee Relations Officer may be reimbursed for costs of books, tuition and
lab fees for classes or instruction, provided such classes or instruction are related to the
employee’s assigned duties with the City.
Reimbursement will be made only after an employee has satisfactorily completed the class or
workshop with the grade of “C” or better or equivalent completion and that evidence of same has
been submitted and approved by the Employee Relations Officer. The general rule is that an
employee must be employed at the time he/she starts and completes the class or workshop in
- 117 -
Rev. July 2014
251
order to be reimbursed. If an employee has followed the foregoing requirements for
reimbursement and, through no fault of his/her own, is laid off before completion of the
approved class or workshop, the employee will continue to be eligible for reimbursement even
though he/she is no longer employed by the City. No employee will be eligible for
reimbursement for any class or workshop started after the employee has been given a written
notice of layoff, notice of termination for failing to pass the probationary period, or notice of
intent to terminate employment for cause.
In general, training time during working hours shall be considered part of the job. Unless the
City directs an employee to attend a specific training course and the course is not available
during work hours, training after hours shall be considered voluntary and no additional pay,
overtime, or compensatory time shall be given by the City unless advance special written
approval is granted. Study time shall be considered completely voluntary.
There is no mileage reimbursement for travel to and from educational classes. Required forms
must be completed and necessary documentation (receipts and grades) must be provided in order
to receive reimbursement. Final and conclusive determinations of the reimbursement amount
shall be made by the Employee Relations Officer after review of the request and
recommendations by the Department Director and the Employee Relations Officer.
No one employee may receive more than 10% of the total annual budgeted money available for
tuition reimbursement.
15.30 TRAINING AND TRAVEL REIMBURSEMENT: In accordance with the Fair Labor
Standards Act (F.L.S.A.), employees who are not exempt shall receive training and travel
reimbursement as provided in this Section.
Time spent in attending lectures, meetings, training programs and similar activities during work
time shall be counted as time worked only if authorized in advance and in writing by the
employee’s Department Director. No such authorization shall be given unless the lecture,
meeting, program, or other activity is directly related to improving the employee’s ability to
perform his/her job.
Time spent in attending lectures, meetings, training programs and similar activities shall not be
counted as time worked where such attendance is outside of the employee’s regular working
hours, except in situations where the employee is directed by the employee’s Department
Director to attend such lecture, meeting, training program or similar activity. Leisure and meal
times are not considered time worked unless they are part of the seminar.
Time spent by an employee traveling between the employee’s residence and the regular work
place is not work time and shall not be treated as hours worked. When an employee is assigned
by the employee’s Department Director to travel outside of the City, times spent traveling
between the employee’s home and assigned destination shall be treated as time worked only to
the extent that it exceeds the amount of time normally taken by the employee to travel between
the employee’s residence and regular work place.
When an employee is assigned to travel outside the City, return the same day, and the employees
has utilized public transportation, the time spent traveling between the employee’s home and the
- 118 -
Rev. July 2014
252
location of the public carrier (i.e. air-port, bus station, train station) shall not be treated as time
worked. However, time spent traveling to a final destination via public carrier is considered time
worked.
Employees shall receive mileage and travel reimbursement in accordance with provisions
outlined in the City’s Administrative Travel and Expense Policy.
15.31 TRAVEL AND EXPENSE POLICY:
PURPOSE:
To establish uniform guidelines for City Council members, members of City legislative bodies,
and City employees to follow with regard to travel and expense reporting that arises in the course
of conducting City business.
BACKGROUND:
The City recognizes that attendance at meetings and conferences serves a vital forum for the
exchange of ideas in all areas of municipal administration, presenting and receiving information,
and advocating legislation of benefit to the City. The governing factor in authorizing attendance
at these functions is the tangible benefit accruing to the City because of such attendance in
relation to the overall expense to the City.
In the course of serving the City, City Council members routinely incur substantial job related
expenses, including increased cellular phone use charges; and City Council members, members
of City legislative bodies, and City employees incur other incidental costs relating to meals,
parking, entertainment, phone and related miscellaneous charges.
To that end, City Council members, members of City legislative bodies, and City employees are
occasionally required to expend City funds. This is accomplished either by requesting City
funds in advance, using City issued credit cards, or by spending one’s own funds and requesting
reimbursement from the City.
Government Code Sections 36514.5, 53232.2 and 53232.3 authorizes reimbursement for actual
and necessary expenses incurred in the performance of official duties. The following policies are
intended to cover what should be reasonable expenses of business meetings and travel and the
reporting thereof and may not be all-inclusive. The reasonableness of any unforeseen situations
will be decided upon by the City Manager for employee expenditures and by the City Council for
elected and appointed officials’ expenditures.
- 119 -
Rev. July 2014
253
POLICY:
1. AUTHORIZED EXPENSES
City funds, equipment, supplies (including letterhead) and employee time must only be used for
authorized City business. The following types of expenses generally constitute authorized
expenses, provided that other requirements of the policy are met:
A. Communicating with representatives of regional, state and national government
on City-adopted policy positions;
B. Attending educational seminars designed to improve officials’ skill and
information levels;
C. Participating in regional, state, and national organizations whose activities affect
the City’s interest;
D. Recognizing service to the City (for example, thanking a longtime official or
employee with a retirement gift or celebration of nominal value or cost);
E. Attending City events;
F. Implementing a City-approved strategy for attracting or retaining business to the
City of La Quinta, this will typically involve at least one staff member;
G. City Council stipends for cellular use, as provided by City Municipal Code
Section 2.04.050, based on increased cellular phone use charges.
2. RESPONSIBILITY
All persons subject to this policy have the responsibility to determine the reasonableness of
travel costs, as justified by the nature of travel. The intent is to account for actual and necessary
reimbursable expenses while each City Council member, member of a City legislative body or
employee accomplishes City goals as reasonably as possible. This policy is not intended to
address every issue, exception or contingency that may arise in the course of City travel or
attendance at meetings. Accordingly, the basic standard that should prevail is to use good
judgment in the use and stewardship of City funds. Any deviations from this policy should be
approved by the City Council.
The City Manager shall administer and be the approving authority for the expenditure of travel
and expense funds in accordance with appropriations made by the City Council in the annual
adopted budget for all City employees and City legislative bodies, with the exception of the
appropriations made for City Council members travel.
Personal and City travel must not be commingled in such a manner as to increase allowable
expense or otherwise affect adversely the interest of the City.
3.TRAVEL AUTHORIZATION
Official travel by persons covered by this policy requires prior written authorization by the
appropriate approving authority. The City form, “Travel Request and/or Advance,” shall be used
to document authorization, and may be obtained in the Finance Department.
- 120 -
Rev. July 2014
254
Travel trips of one-day or less shall not require a pre-approved “Travel Request and/or Advance”
if no advance is requested, but the second part of the form covering conference update reporting
must be completed, if applicable, upon return.
Out-of-state travel, round trips over 300 miles, or trips involving overnight stay must be
approved by the City Council.If time does not permit City Council approval, the City Manager
may authorize the travel request. The City Manager shall notify the City Council of the
authorized travel and the circumstances which prevented City Council review/approval. Upon
return, the “Conference Update Report” section of the “Travel Request” form must be
completed.
4. TRAVEL EXPENSES
Persons covered by this policy may provide their own funding and file claims for reimbursement,
or may apply for an advance of public funds by utilizing the “Travel Request and/or Advance”
form. All requests for advance of travel funds are to be submitted through the approving
authority to the Finance Department at least five (5) working days before the intended date of
departure. All advances must be properly accounted for based on actual and necessary expense
incurred, upon termination of travel for which the advance was made. Advance payments do not
constitute approval to spend the entire amount advanced. Only actual and necessary expenses, as
further limited by the specific provisions of this policy, will be paid from City funds.
5. ADVANCE RESERVATIONS—CANCELLATION
Persons covered by this policy are encouraged to make reservations for any meeting, convention,
or dinner for which the City would bear the cost, which he or she is planning to attend, in
sufficient time to allow for lower airfare or reservations costs to be obtained.
Cancellations that result in expenditure of City funds will be reviewed on a case-by-case basis by
the City Manager to determine whether the employee may be held responsible for the cost. The
full City Council will make that determination for any canceled public official travel.
6. TRANSPORTATION
Individuals requesting official travel should attempt to travel by the means most economical to
the City consistent with scheduling needs and cargo space. In selecting a particular method of
transportation, consideration shall be given for the total cost to the City which will result;
including overtime, lost work, and actual transportation costs. In the event that a more expensive
transportation form is used, the cost borne by the City will be limited to the cost of the most
economical, direct, efficient and reasonable transportation form unless otherwise approved by
the City Council. Government and group rates must be used when available.
A. Automobile Travel
- 121 -
Rev. July 2014
255
Transportation by car may be done either with a personal vehicle or City vehicle. For persons
other than those receiving a monthly auto allowance, if a personal vehicle is used, net mileage
will be reimbursed at the current Internal Revenue Service Rates (see www.irs.gov). Net
mileage equals roundtrip mileage minus any commute miles. Before initiating overnight travel,
those employees not receiving a monthly mileage allowance should contact the Finance
Department for the availability of a pooled vehicle.
Those persons using their own vehicle and receiving a monthly auto allowance will be
reimbursed only for the net mileage in excess of 60 miles. In any case, mileage will not be
reimbursed for portions of the trip made for non-business related matters.
When the use of public air carrier transportation is approved, private automobile use to and from
the airport shall be reimbursed for all allowable miles at the current Internal Revenue Service
Rates (see www.irs.gov) or commercial auto rental will be allowed if necessary and alternative
personal or public transportation is unavailable or unreasonable.
B. Air Travel and Automobile Rental
(1) Coach Class Air Travel. Reimbursement shall be made for coach air travel if
the cost of such air travel is competitive with other passenger airlines' coach
airfares.
(2) Rail Travel. Reimbursement shall be made for coach rail travel if the cost of
such rail travel is competitive with other coach rail travel fares.
(3) Taxi Service. Charges for taxi service are reimbursable if such transportation
is the most economical, practicable and efficient mode of transportation available
under the circumstances. Portions of taxi charges that are related to excessive tips
(i.e., in excess of 15%) will not be reimbursed.
(4) Shuttle Service. Charges for shuttle service are reimbursable if such
transportation is the most economical, practicable and efficient mode of
transportation available under the circumstances.
(5) Bus Fare. Charges for bus service are reimbursable if such transportation is the
most economical, practicable and efficient mode of transportation available under
the circumstances.
(6) Vehicle Rental. Charges for vehicle rental are reimbursable if such
transportation is the most economical, practicable and efficient mode of
transportation available under the circumstances. When determining the type of
rental car to be used, consideration should be given to the economic standards set
forth in this policy and the appropriate use and stewardship of City funds.
- 122 -
Rev. July 2014
256
(7) Out of Pocket Expenses Related to Use of City Owned Vehicles.
Reimbursement for fuel and other out-of-pocket expenses incurred as a result of
the use of a City owned vehicle is permissible provided that use of the City owned
vehicle is the most economical, practicable and efficient mode of transportation
available under the circumstances.
(8) Chartered Travel. Use of chartered travel shall be reimbursable if such
transportation is the most economical, practicable and efficient mode of
transportation available under the circumstances.
(9) Airport parking may be used during travel on official City business and is
reimbursable with receipts.
7. LODGING
Lodging expenses will be reimbursed or paid when travel on official City business reasonably
requires an overnight stay. Lodging shall be obtained at the most economical rate available for
safe, clean, convenient, and quality accommodations. Factors such as proximity to destination
and prevailing rates should be considered for reasonableness. If such lodging is in connection
with a conference, lodging expenses must not exceed the group rate published by the conference
sponsor for the meeting in question if such rates are available at the time of booking. Travelers
must request government rates, when available. If the group rate or government rate is not
available, lodging rates that do not exceed the median retail price for lodging for that area listed
on websites similar to www.priceline.com or www.travelocity.com or an equivalent service shall
be considered reasonable and hence reimbursable.
A. Advance Booking and Time Period
An employee is expected to make reservations well in advance whenever possible and to
take other actions to ensure that lodging is secured at moderate rates. Lodging shall be
limited to the maximum number of nights required to conduct the assigned City business.
If a person subject to this policy chooses to arrive earlier or stay later than the length of
City business, the additional lodging and other expenses related to this decision are the
individual’s personal expenses and will not be reimbursed or paid by the City.
B. Family Member Accompaniment
There is no objection to a spouse and/or other family member(s) accompanying a person
subject to this policy on a City business trip, if their presence does not detract from the
performance of City duties. The attendance at the meetings and conferences by such
family members of City employees and officials is to be considered the sole expense of
the individual employee and/or official, and all differences in costs brought about by the
attendance and/or accompanying travel of a family member shall not be borne, paid or
reimbursed by the City.
- 123 -
Rev. July 2014
257
8.MEALS
Meals, except for those included in the cost of the registration, are allowable at actual costs
including reasonable tips and room service charges not to exceed $75 per day. Expense claims
for meals including people other than the claimant shall include the following information:
1. Date expense incurred
2. Parties participating
3. Purpose of the meeting
Itemized meal receipts are required.
9.OTHER ALLOWABLE EXPENSES
The following expenses shall be permissible, subject to other provisions of this policy to
the extent that they are actual and necessary:
A. Incidental transportation expenses, such as ferry fares; bridge, toll road and
vehicle parking fees;
B. Telephone and facsimile charges for official business;
C. Personal telephone calls are allowable, not to exceed $25 per day;
D. Reasonable fees and tips paid to waiters, porters, baggage handlers, bellhops,
hotel maids, and other service personnel; and
E. Business related entertainment functions that are attended to promote City related
business objectives are allowable, as long as detail is provided stating who attended and
what subjects were discussed.
10. NON-ALLOWABLE EXPENSES
Personal expenses are not allowable. These may include, but are not limited to:
A. Barber and/or beauty shop charges
B. Fines for traffic violations
C. Private automobile repairs
D. Expenses of any persons accompanying the person subject to this policy on the
trip (except as noted in Section 8(E))
E. Personal telephone calls (except as allowed in Section 8(c))
F. Purchase of personal items
G. Fitness/Health Facilities or Massages
H. Political contributions
I. Alcohol
Expenses that are not otherwise listed or identified in this policy shall require prior
approval at a public hearing of the City Council pursuant to Government Code
section 53232.2(f).
- 124 -
Rev. July 2014
258
11. SETTLEMENT OF EXPENSES
All covered persons are responsible for the accurate preparation of their claims, and the
responsibility of omission or commission cannot be shifted to another individual. A “Travel
Expense Report” (obtainable in the Finance Department) substantiated by receipts which verifies
the claimed expenditures as being an actual expense, must be submitted to the City Manager
within ten (10) days of the expense being incurred or the end of the trip, whichever is later.
Inability to provide such documentation in a timely fashion may result in the expense being
borne by the individual. All expenses are subject to verification that they comply with this
policy.
Pursuant to state law, Travel Expense Reports are public records.
If a person subject to this policy has drawn expense money in advance, a settlement must be
made based on actual expenses that are substantiated by receipts. If actual expenses exceed the
advance, upon approval by the City Manager, said expenses will be reimbursed to the traveler by
the Finance Department. If actual expenses do not exceed the expense advance received, said
traveler shall return all unused portions of the expense advance to the Finance Department.
To be reimbursed for expenditures, an employee or official must sign and submit a “Travel
Expense Report” form or, if applicable, the “Conference Update Report” section of the “Travel
Request” form. No reimbursement shall be made until the “Travel Expense Report” form or, if
applicable, the “Update Report” section of the “Travel Request” form has been properly
executed and approved by the City Manager, with the exception of City Council members.
Elected and appointed officials’ travel expenditures will be reimbursed if they are within
budgetary constraints, all proper forms have been completed and signed, and receipts are
attached.
The decision of the City Manager shall be final in all cases where conflicts of opinions on
reimbursement or allowable expenses exist. For City Council members and appointed officials,
the decision of the Council shall be final.
REPORTS BY CITY COUNCIL, BOARD OR COMMISSION
In accordance with state law, Council members and members of Boards and Commissions shall
provide a brief report in either verbal or written form, on meetings attended at City expense at
the next meeting of the City Council.
PROCEDURES:
There are two forms to be utilized for travel and expense reporting. The first form is the
“Request for Travel and/or Advance” form. This form is comprised of two basic parts: Part 1
covers the authorization for travel and/or an advance, and Part 2 provides follow-up information
- 125 -
Rev. July 2014
259
on the event attended. The second form is the “Travel Expense Report” which is needed in order
to create the proper audit trail necessary for recording the expenditure of City funds.
1. “Request for Travel and/or Advance” form:
Out of state travel, trips in excess of 300 miles, or trips that involve overnight stay must
be approved by the City Council.
Trips or conferences that do not fall into the above category may be approved by the
appropriate department head, or by the City Manager in the case of department head or
non-elected officials’ requests. The City Manager authorizes his own travel or
conferences when they do not fall into the City Council approval category mentioned-in
the first paragraph.
Part 1 of this form, “Authorization,” must be completed prior to the trip or conference.
Requests for cash advances are included in this part of the form. If no advances are
requested and City Council approval is not needed, this part of the form may be filled out
upon completion of the trip or conference if the appropriate verbal authorization has been
granted.
All approved advance requests are to be submitted to Finance at least five (5) working
days before being needed. A second copy of this form will remain with Finance as
payment backup documentation. The traveler will retain the original until Part 2 is
completed and submitted with the Expense Report. Advances and all other expenses
must be reconciled and approved on the “Travel Expense Report” and submitted to
Finance within five (5) working days after completion of the trip or conference.
Part 2 of this form, “Conference Update Report”, is to be completed with a short
narrative highlighting the subject of the conference and its relevance to City operations.
This section must be completed when any conference expenses are incurred in the time
period required by this policy.
The original “Request for Travel and/or Advance” form must be attached to the “Travel
Expense Report” when that form is submitted.
2. “Travel Expense Report” form:
The “Travel / Expense Report” (referred to as the “expense report”) is required to track
all travel and expenditures of the City. A proper audit trail, which includes supporting
receipts, is necessary to comply with travel and expenses reporting requirements.
The expense report which must be filled out is designed to be a logically grouped over-
view of the total expenditures incurred while traveling. Detail and supporting
documentation, including receipts and the “Request for Travel and/or Advance” form,
must be attached as backup to this expense report. There is some space provided on the
- 126 -
Rev. July 2014
260
form itself for detailed explanation of any circumstances or situations that may need to be
addressed.
Meal and business entertainment receipts must identify names of who attended and what
business matters were discussed. Itemized hotel bills are needed rather than, or in
addition to, lump sum receipts. Monthly credit card bills are not to be used in lieu of the
actual charge receipts. Receipts must be submitted for all expenses. In the event that
receipts are not available, a written explanation of the circumstances as to why this is the
case must be provided, as well as the reason for the incurred expense.
The expense report is divided into three columns to cover whatever spending situations
may occur.
Column 1 is to contain allowable business expenses that the claimant has paid for
personally, whether by personal credit card, check or cash. Cash advances become
personal cash as soon as they are received from the City. Therefore, column 1 should be
used when spending cash even if it was received from a City advance. The advance in
such cases will also be listed in column 3 as a non-business expense of the City. When
columns 1 and 3 are netted together, the refund amount will be determined.
The Expense Report should also be used for all mileage reimbursement claims whether
conference related or not. Column 1 of the form shall be completed with appropriate
detail.
Column 2 is to contain all City paid expenses. These will primarily be City credit card
expenses but may also include any checks or cash that were paid directly to the provider
and were not received by the as an advance. Such checks or cash paid directly may not
always be readily determined, but the claimant needs to include these amounts to reflect
the total cost to the City.
Totals from columns 1 and 2 should be added and the result placed in the “Total Trip
Expense” box.
Column 3 is to contain the amounts which were paid by the City on either check, cash, or
credit card for items which are not reimbursable expenses. All efforts should be made
not to use City funds for unallowable expenditures.
Any advances that the claimant receives, whether check or cash, must be picked up in
this column. Advances are considered non-business expenditures by the City and are the
property of the recipient. Allowable expenditures that occur in such cases are listed
separately in column 1.
The total from column 1 is subtracted from the total of column 3 and the balance is due
the City. If that result is a negative balance, it is a balance due the claimant.
- 127 -
Rev. July 2014
261
The claimant must sign the expense report certifying its correctness. Council member
reports need only Council member signature. All other reports require City Manager and
the appropriate department head signature approval.
All expense reports will be kept in a segregated payable file whether money is due the
claimant or not. Finance will verify credit card receipts with the expense report and then
attach the receipts to the credit card billing as backup documentation. Any credit card
billing received without receipts is not a reimbursable expense. Any personal charges
incurred, or advances not reconciled, are considered a receivable to the City and may be
deducted from any checks issued by the City to that individual after the five (5) day
report filing deadline has expired.
Because these items are public records, staff is instructed to redact private financial
information (i.e., credit card numbers or account numbers) to protect the privacy of those
submitting receipts.
COMPLIANCE WITH STATE LAW / VIOLATIONS
City officials should keep in mind that some expenditures may be subject to reporting under the
Political Reform Act and other laws. All agency expenditures are public records subject to
disclosure under the Public Records Act and other applicable laws. Use of public resources or
falsifying expense reports in violation of this policy may result in any of the following:
1. Loss of reimbursement privileges;
2. A demand for restitution to the City;
3. The City’s reporting the expenses as income to the person to state and federal
taxing authorities;
4. Civil penalties of up to $1,000 per day and three times the value of the resources
used;
5. Prosecution for the misuse of public resources.
- 128 -
Rev. July 2014
262
EXHIBIT A
CITY OF LA QUINTA
Computer Loan Program
Criteria
The following criteria apply to the Computer Loan Program for the City of La Quinta,
California:
ELIGIBILITY
All full-time employees who have completed probation are eligible. This is strictly a volunteer
program and the employee will use their own time and expense in order to participate. Also,
program parameters such as the maximum loan amount, interest rate and scope of the program,
will be evaluated on an annual basis.
SCOPE
The City has adopted a Windows operating system. The following items are eligible for
inclusion in the loan amount:
Desktop computers, laptops, tablets, printers, monitor, scanner, backup devices, hard drive,
CD/DVD ROM drives, surge protector, wireless routers, speakers, battery backup, upgrading
current equipment, including memory, and warranty costs. Software that is commonly used at
the City is eligible. Normal installation costs, protection plans and sales tax are also included.
The following items are not included:
Internet software and service charges.
The City Manager may approve items not included within the scope of this section.
FREQUENCY
An employee may apply for participation in the program at any time by contacting Human
Resources and submitting an application form. After an employee has participated in the
program, the employee will not be eligible again until all loans are repaid in full.
AMOUNT OF LOAN
A maximum of $1,750 will be reimbursed to the City within 2 years. In the event that an
employee is eligible to receive the entire $1,750 and spends less, the remaining
amount cannot be carried over to the next year. For example, if an employee receives approval
to spend up to $1,750 and only requires $1,000, the remaining amount of $750 cannot be loaned
in future years. Loans are awarded based on the availability of funds.
- 129 -
Rev. July 2014
263
INTEREST RATE
The interest rate is five percent (5%) per year simple interest payable in 26 or 52 equal
installments from the nearest payroll date of the loan. A $1,750 loan would be repaid in
accordance with Attachment No. 1. Early payoff of loans will be for the outstanding principal at
the next payroll date after notification.
SELECTION PROCESS
Eligible employees must submit an Intent to Participate form in order to be considered for the
loan. Each loan request will be processed upon submission, subject to approval and available
funds.
Employees will be classified into two groups - New Participants and Repeat Participants. New
participants have priority over repeat participants. Repeat participants are not eligible for a new
loan until all new participant requests have been approved and their previous loans are repaid.
Any participant who has defaulted on a previous loan is ineligible for future loans.
The Human Resources/RiskManager will track the receipt of loan requests to determine the
selection order of eligible employees. Funding of the approved loan requests will continue until
available funded slots are filled. A list of each employee participating in the program and the
order selected will be compiled and will be available on request. Employees have sixty days to
complete their purchase from the date of being notified of their eligibility.
Each year the City will determine the amount that may be loaned for the Computer Program. No
carryover of unused funds to the next fiscal year is allowed.
EMPLOYEE RESPONSIBILITIES
The employee is responsible for application to the Computer Loan Program.
The employee is responsible for purchasing the equipment within sixty days of award, handling
vendor complaints, and maintaining service of the equipment. The computer equipment will be
purchased by the employee in the employee’s name. The City’s only role is to provide loans for
the purchase and the collection of the loan.
The City loan is for the purchase of computer equipment and eligible software with payment by
the City for its portion made payable to the computer vendor and not to the employee. The City
will give the check payable to the vendor to the employee. If the employee purchase is for more
than the City loan amount, the employee is responsible for the difference. The City will not be
responsible for any difference nor will it cosign for any loans. In addition, no City purchase
order may be used for any purchase nor may any employee verbally or in writing represent that
the City is purchasing equipment for its use. If the purchase price is greater than $1,750, the
employee must make arrangements with a vendor to accommodate this method of payment.
- 130 -
Rev. July 2014
264
Prior to any payments being made, the employee must submit a sales quote for the items being
selected to Human Resources. After being reviewed for eligibility, the employee will be notified
of any items not qualifying under the Program. After the sales quote has been reviewed and
modifications made, a check to the computer vendor will be produced. The vendor check will be
given directly to the employee. The employee will then produce a final invoice to the Finance
Director evidencing the transaction. The City will not make a loan if the previously described
steps have not been complied with. For instance, the City will not reimburse an employee after a
purchase has been made by the employee.
REPAYMENT
The employee will sign a slip authorizing withholding of the principal and interest amount from
future paychecks and authorizing the City to withhold any remaining principal and interest still
due and owing from their final paycheck, in the event the employee leaves City service before
the loan is repaid. If the loan amount exceeds the final paycheck after all other withholdings
are made, the employee will pay the remaining principal amount due with personal funds within
one week of leaving City service. It is the employee’s responsibility to make payment. If such
payment is not made within seven days, the employee is deemed to have defaulted on the loan.
The City will commence actions it deems necessary to collect on the remaining loan. Interest
will continue to accrue after default until repaid in full. Interest may accrue past the two-year
term of the loan if still in default at the end of the second year.
The City may turn the defaulted loan over to a collection agency, Small Claims Court, City legal
resources or other measures necessary for collection. The City will attempt to recover any costs
expended on collecting the loan from the employee.
VENDOR SELECTION
The City has not specified one particular vendor nor does it recommend a particular vendor. The
employee is responsible for selecting a vendor and negotiating the price, warranty and other
terms of the purchase. Those items are listed in the Scope Section of this Policy.
The employee is responsible for any mailing and service charges not covered by any warranties.
USE OF COMPUTERS
The City does not restrict the use of this equipment to its employees. The City encourages
employees to use the computers. Employees may not claim hours worked at home.
If the equipment is sold before the end of the loan, the outstanding principal and any accrued
interest will continue to be due and owing to the City, and payroll deductions will continue until
such time as the loan is repaid in full. Returning merchandise purchased under this program for
a cash refund or exchange for other than items permitted under this computer loan policy is
strictly prohibited.
- 131 -
Rev. July 2014
265
EARLY DUE DATE OF LOAN
The loan is for a one- or two-year period unless the employee leaves City employment, in which
case the principal and interest is due from the final paycheck.
ATTACHMENT
The attached form will be used to document the transaction.
- 132 -
Rev. July 2014
266
CITY OF LA QUINTA COMPUTER LOAN PROGRAM
EMPLOYEE NAME: __________________________________________
(Please print)
DATE: __________________________________
SUPPORTING DOCUMENTATION:
SALES QUOTE: $_________________________
(Please attach all documentation)
------------------------------------------------------------------------------------------------------------
AMOUNT OF AUTHORIZED LOAN $_____________
I have received and read the Computer Loan Program policy of the City of La Quinta and hereby
authorize the City to withhold the following amount from my paycheck for the number of pay
periods indicated in the following table:
Number of Pay Periods: (Please circle one) 26 ($____________);
or
52 ($____________)
In the event I leave City service before the loan is repaid, I hereby authorize the City to withhold
any remaining principal and interest still due and owing from my final paycheck, and to pursue
other collection remedies in accordance with the provisions of the Computer Loan Program.
Employee Signature_____________________________________________________
Date:__________________________________________
Finance Director Signature_______________________________________________
Date:__________________________________________
PLEASE RETURN TO HUMAN RESOURCES
- 133 -
Rev. July 2014
267
EXHIBIT B
CITY OF LA QUINTA
TRANSITIONAL RETURN TO WORKASSIGNMENT
Goal:
To reduce costs associated with lost-time injuries.
Method:
Return injured employees who are temporarily precluded from performing the
essential functions of their normal and customary duties back to work in a
transitional assignment.
TRANSITIONAL RETURN TO WORK ASSIGNMENTS
Area
: ________________________________________________________________
(Generic Description)
Time Period:
(from ________________________ to __________________________)
Department Section
____________________________________________________
ContactPhone No.
_____________________________________________________
A) Duties:
__________________________________________________________
________________________________________________________________
________________________________________________________________
B) Location:
________________________________________________________
C) Scheduled Hours:
________________________________________________
D) Supervisor:
______________________________________________________
E) Physical Requirements of tasks:
____________________________________
________________________________________________________________
F) Skills Required:
__________________________________________________
________________________________________________________________
________________________________________________________________
Please return to the Human Resources/Risk Manager
- 134 -
Rev. July 2014
268
EXHIBIT C
CITY OF LA QUINTA
Notice of Physician’s Recommendation
Date:
_________________________________________________
Employee Name:
____________________
Date of Injury:
_________________________________________
RETURN FROM ILLNESS OR LEAVE
MEDICAL CLEARANCE FOR EMPLOYMENT IS (CHECK BELOW)
RETURN TO WORK DATE:
________________
NEXT APPOINTMENT:
____________________
TIME: ____________________
Released to return to full duty: (Employee may report for normal work assignment).
Released to return to modified duty (Employee may report for conditional work assignment)
on with the following
restrictions :
1. Keep wound or dressing dry and/or clean
2. No pushing, pulling, lifting (circle applicable) in excess of _________ pounds
3. Limited standing walking sitting stooping bending squatting
Duration Other limitation ________________________________
4. Limited use of right left
hand wrist shoulder arm
Duration Other limitation ________________________________
5. Limited overhead work
6. Limited climbing stairs uneven surfaces other _________________
Duration Other limitation ________________________________
7. Other restrictions or limitations __________________________________________
8.Anticipated duration of modified work described above is ________ day(s) or
___________ week(s)
9.All releases to modified duty include the restriction of no sports activity.
Total temporary disability until _____________________________ (Employee unable to
return to normal & regular duties.)
Other restrictions: _______________________________________________________________
______________________________________________________________________________
- 135 -
Rev. July 2014
269
270
FYIJCJUC
The City of La Quinta
CLASS SPECIFICATION
Administrative Assistant
CLASS SERIES BAND/GRADE/SUBGRADEFLSA STATUS
AdministrativeA11NE
CLASS SUMMARY:
This class is the first level in a two-level series. Incumbents perform basic, recurring routine
functions such as reception, mail handling, filing, data entry, facility/room/event scheduling,
typing, and general customer service.
DISTINGUISHING CHARACTERISTICS:
Employees in this classification follow well-defined policies and procedures that can be learned
readily through on-the-job training. After employees become familiar with procedures, they may
work with some independence. This job class requires the use of tact, courtesy and discretion in
communications and customer service.
ESSENTIAL DUTIES
:
This class specification represents only the core areas of responsibilities; specific position assignments will vary
depending on the needs of the department.
Provides administrative support to assigned management staff.
Prepares, proofreads, duplicates and files a wide variety of documents and correspondence, including
confidential information.
Performs reception activities such as answering and transferring incoming phone calls, taking
messages, greeting visitors and giving directions to the public; may operate a central PABX telephone
system.
Assists with sorting and distributing incoming mail.
Assists in office supply ordering, inventory and reconciling deliveries to receipts.
Assists in a variety of functions such as mailing and publication of newsletters, maintaining mailing lists
and establishing/maintaining a filing and retrieval system.
Performs other duties of a similar nature and level as assigned.
Rev. July 2014 1
271
The City of La Quinta
CLASS SPECIFICATION
Administrative Assistant
POSITION SPECIFIC RESPONSIBILITIESMIGHT INCLUDE:
Administrative Assistant (City Clerk’s Office)
Positions assigned to may also be responsible for:
Providing main receptionist function for City, including answering and directing all incoming calls,
and greeting all incoming/outgoing visitors;
Reviewing all area media for city-related news, clipping and scanning articles, and maintaining
historic scrap books;
Programming the council meeting audio recordings on the website;
Performing quality control for scanned documents; and
Providing assistance to Spanish-speaking customers, and translation services to City staff.
Executive Office Assistant (City Manager’s Office)
Positions assigned to may also be responsible
for:
Processing contracts and invoices for multiple departments;
Processing Information Technology support requests;
Preparing and routing contracts through the City processes;
Developing administrative systems and processes to support internal operations of department;
Maintaining inventory of assets and develop replacement schedules; and
Tracking contract expenses to budgets through regular reports.
TRAINING AND EXPERIENCE:
High School Diploma or GED and some office or customer service experience.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Valid Class C California Driver’s License.
KNOWLEDGE OF:
Modern office procedures and administrative support methods;
Modern office equipment;
Proper English usage, grammar and punctuation; and
Reception techniques and communication skills.
Rev. July 2014 2
272
The City of La Quinta
CLASS SPECIFICATION
Administrative Assistant
SKILL IN:
Customer service principles;
Accurately proofreading, filing and word-processing;
Operating a computer and relevant software applications;
Operating modern office equipment; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: walking, standing, fingering, talking, hearing, seeing and
repetitive motions.
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are
required only occasionally and all other sedentary criteria are met.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)Date:
(1/2014)
Revised by City of La Quinta (7/2014)
Rev. July 2014 3
273
The City of La Quinta
CLASS SPECIFICATION
Administrative Technician
CLASS SERIES BAND/GRADE/SUBGRADEFLSA STATUS
AdministrativeB21 – B22 NE
CLASS SUMMARY:
This class is the second level in a two-level Administrative series. Incumbents are devoted to
advanced, specialized administrative support for internal and/or external customers.
DISTINGUISHING CHARACTERISTICS:
Incumbents require a broad knowledge of the organization and/or provide specific support for
functions that require administration or coordination with all employees of the City, not just those
in a specific department.
ESSENTIAL DUTIES
:
This class specification represents only the core areas of responsibilities; specific position assignments will vary
depending on the needs of the department.
Provides administrative support, such as maintaining department and employee schedules,
coordinating meetings and agendas, making travel arrangements, editing and preparing newsletters,
brochures and basic reports, researching basic information and providing related support.
Assists with coordinating department and/or management activities, such as tracking work and change
orders and project schedules, relaying communications, researching information and providing related
support.
Compiles, formats and proofs complex documents, reports and other written materials such as meeting
agendas, meeting minutes, meeting summaries and legal or other specific correspondence.
Performs financial related activities such as advanced bookkeeping or cashiering functions, contract
administration and budget and expenditure tracking.
May serve as lead to staff to include assigning and monitoring work and providing direction.
Performs other duties of a similar nature and level as assigned.
Rev. July 2014 1
274
The City of La Quinta
CLASS SPECIFICATION
Administrative Technician
POSITION SPECIFIC RESPONSIBILITIES MIGHT INCLUDE:
Administrative Technician (City Clerk’s Office)
Positions assigned to may also be responsible for:
Serving as Secretary to the Oversight Board, including preparing agendas and taking minutes;
Performing webmaster duties for department and assisting other departments as needed;
Performing Laserfiche document archive administrator duties;
Compiling election manual, processing candidates’ filings, and assisting the Elections Officer to
fulfill election duties;
Notarizing city documents; and
Preparing Council resolutions and ordinances for signature; and
Providing customer service to internal employees, members of the public, and outside agencies.
Administrative Technician (Finance)
Positions assigned to may also be responsible for:
Preparing agendas and taking minutes for the Investment Advisory Board;
Providing responsible, complex secretarial and administrative support to the Finance Director and
Finance;
Preparing and maintaining various service contracts, coordinating annual sale of surplus items,
and assisting with purchasing related duties;
Providing back up as needed to various areas of Finance Department operations including
processing of dog and business licenses and daily deposits; and
Providing customer service to internal employees, members of the public, and outside agencies
(such as financial institutions and other governmental agencies).
Executive Assistant (City Manager/Council)
Positions assigned to may also be responsible for:
Providing responsible, complex and confidential secretarial and administrative support to the
Mayor, City Council and City Manager, and other assigned management staff;
Assisting in the coordination of appointments and activities with other governmental agencies
elected officials, City Manager and other management staff;
Screens inquiries from the public, provides related information, forwards complaints and requests
for information to the appropriate City official; and
Employing discretion and independent judgment, as actions can have significant effect upon City
operations.
Executive Assistant (Comm Svcs/HR)
Positions assigned to may also be responsible for:
Preparing agendas and taking minutes for the Community Services Commission;
Providing administrative support to the Community Services Department such as City Council staff
reports, assisting with contract development and tracking and community outreach efforts;
Providng administrative support to Human Resources, preparing a wide variety of complex and
confidential documents (many related directly to the meet and confer process with represented
employees); maintaining City-wide personnel record-keeping system, preparing a variety of
materials and documents related to personnel, employee benefits, and risk management;
Assisting with all aspects of human resources operations, including recruiting, new employee
orientations, terminations, benefit enrollments and changes, employee recognition, claims
management, etc.; and
Employing discretion and independent judgment, as actions can have significant effect upon City
operations.
Rev. July 2014 2
275
The City of La Quinta
CLASS SPECIFICATION
Administrative Technician
Executive Assistant (Community Development)
Positions assigned to may also be responsible for:
Providing administrative support to the Planning Commission, Architecture & Landscape Review
Committee, and Historic Preservation Commission, including the preparation of agendas and
taking of meeting minutes;
Providing administrative support to the Community Development Department, such as City Council
staff reports, assisting with contract management and management of department budget;
Employing discretion and independent judgment, as actions can have significant effect upon
Department and City operations; and
Performing supervisory duties for Office Assistant including assigning, reviewing and planning work
and writing performance evaluations.
Content Editor/Writer
Positions assigned to may also be responsible for:
Creating and editing a wide variety of complex and confidential reports, including staff reports,
legislative letters, grants, and award applications;
Working closely with management to develop content and execute the organization’s overall
communications strategy;
Preparing and disseminating press releases/media advisories/event notices;
Responsible for maintaining the City’s “voice” throughout all external communications;
Delivering editorial copy with an audience-appropriate tone across a broad spectrum of
communications channels; and
Demonstrating excellent attention to detail, organizational skills, problem-solving skills and political
and/or issue sensitivity.
TRAINING AND EXPERIENCE:
High School Diploma or GED and three (3) years office or customer service experience. As assigned, a
minimum of three to five years’ experience with increasingly advanced writing projects, including report
writing, speeches, newsletters and other publications, with heavy emphasis on editing.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
As assigned, must be able to attend occasional evening meetings.
LICENSING/CERTIFICATIONS:
Valid Class C California Driver’s License.
Rev. July 2014 3
276
The City of La Quinta
CLASS SPECIFICATION
Administrative Technician
KNOWLEDGE OF:
Modern office procedures and administrative support methods;
Modern office equipment;
Proper English usage, grammar and punctuation;
Customer service principles;
Basic budgetary principles;
Meeting coordination, agenda development, minute taking and preparation;
Lead work principles, as assigned; and
City policies, rules and regulations, operations, procedures and precedents of assignment.
SKILL IN:
Tact, diplomacy and customer service;
Use of independent judgment in a variety of situations;
Reading and interpreting reference books, manuals, policies and procedures;
Accurately proofreading, filing and word-processing;
Mathematical computations used in business;
Taking minutes and summarizing meetings;
Tracking budgets and project timelines/deadlines;
Operating a computer and relevant software applications;
Operating modern office equipment;
Prioritizing and assigning work;
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction; and
Some positions may require skill working with legal or industry specific terminology and/or providing
supervision, direction, coaching and evaluation of subordinates.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: standing, walking, fingering, talking, hearing, seeing and
repetitive motions.
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are
required only occasionally and all other sedentary criteria are met.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (1/2014)
Revised by City of La Quinta (7/2014)
Rev. July 2014 4
277
The City of La Quinta
CLASS SPECIFICATION
Code Administration Technician
CLASS SERIES BAND/GRADE/SUBGRADEFLSA STATUS
Code Administration B22Non-Exempt
CLASS SUMMARY:
This class is the first level in a four-level Code Administration series. Incumbents perform
customer service, conflict resolution, problem solving and code administration services in support
of Citywide permitting operations.
DISTINGUISHING CHARACTERISTICS:
Positions assigned to this class are responsible for providing basic information to the public
regarding City ordinances, municipal codes, building codes/regulations and assist in processing
plans, permits and applications.
ESSENTIAL DUTIES
:
This class specification represents only the core areas of responsibilities; specific position assignments will vary
depending on the needs of the department.
Provides professional customer service in the provision of information about rules, regulations and
ordinances.
Provides instructions related to forms completion; processes forms and applications; routes plans for
review and correction between city departments and customers.
Verifies information such as legal descriptions, parcel numbers and addresses; performs data entry.
Researches complaints and history of property and/or dwellings.
Maintains and updates logs, files, maps and other records.
Calculates fees.
Performs other duties of a similar nature and level as assigned.
Rev. July 2014 1
278
The City of La Quinta
CLASS SPECIFICATION
Code Administration Technician
POSITION SPECIFIC RESPONSIBILITIES:
Permit Technician (Community Development)
Positions assigned to may also be responsible for:
Logging, accepting & processing plan check submittals and routes to appropriate Community
Development staff and various departments/consultants in Trakit as required;
Processing Community Development (Building, Public Works and Planning) related permits;
issuing various over the counter permits;
Processing payments for Community Development permit and plan check items; balancing cash
register and run related reports on a daily basis;
Assisting customers at the public counter, on the phone and via email; answering questions
regarding city wide permit and plan check processing (i.e., plan check status, obtaining permits,
plan approvals, Municipal Code, Building Code and Code Compliance questions); and
Acting as liaison between departments, customers, residents, consultants and City staff.
Permit Technician (Public Works)
Positions assigned to may also be responsible for:
Logging, accepting & processing plan check submittals and routing to appropriate Public
Works/Traffic Division staff, various departments in Trakit as required;
Filing and retrieving documents into and from case files, adhering to City’s records retention
policy, labeling and preparing newly active and inactive files for storage, maintaining various
files associates with department;
Processing permits such as encroachment permits, driveway permits, haul permits;
Assisting customers on the phone, via email and at the public counter regarding City and Public
Works processes (i.e., obtaining permits, plan approvals, etc.);
Processing invoices and check requests, calculating, collecting, tracking and filing invoices and
payments; and
Providing administrative support to the Department, preparing correspondence, scheduling
meetings, ordering supplies, back up on staff reports, website, bid openings, and RFP’s.
TRAINING AND EXPERIENCE:
High School Diploma or GED and up to four (4) years of experience related to area of assignment.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Valid Class C California Driver’s License.
Rev. July 2014 2
279
The City of La Quinta
CLASS SPECIFICATION
Code Administration Technician
KNOWLEDGE OF:
Codes, ordinances, laws and regulations of assigned area;
City maps, location of streets and all areas around the City;
Record-keeping techniques;
Modern office procedures;
Modern office equipment;
Principles of customer service; and
Materials, methods and safety standards of building and public works.
SKILL IN:
Tact and diplomacy;
Remaining calm and professional when dealing with difficult customers or situations;
Ability to use judgment in non-routine situations;
Reading maps and/or plans;
Basic math such as adding, subtracting and multiplying;
Operating modern office equipment;
Operating a computer and relevant software applications; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: standing, walking, pushing, pulling, lifting, fingering, grasping,
feeling, talking, hearing, seeing and repetitive motions.
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are
required only occasionally and all other sedentary criteria are met.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (1/2014)
Revised by City of La Quinta (7/2014)
Rev. July 2014 3
280
The City of La Quinta
CLASS SPECIFICATION
Code Administration Specialist
CLASS SERIES BAND/GRADE/SUBGRADEFLSA STATUS
Code Administration B23Non-Exempt
CLASS SUMMARY:
This class is the second level in a four-level Code Administration series. As assigned,
incumbents perform field and records inspections of construction, building, code administration
systems including code violations, animal control issues, electrical, plumbing and mechanical
installations.
DISTINGUISHING CHARACTERISTICS:
Positions in this classification work primarily in the field, enforcing City codes, ordinances,
regulations; performing inspections; ensuring that work occurs according to plans or
specifications; and investigating complaints.
ESSENTIAL DUTIES
:
This class specification represents only the core areas of responsibilities; specific position assignments will vary
depending on the needs of the department.
Identifies and inspects reported problems and investigates complaints; responds to citizen inquiries.
Assists violators in understanding and making acceptable corrections to problems, seeking voluntary
compliance.
Reviews plans and documents.
Issues permits and/or citations depending upon assignment.
Coordinates with other City departments related to specific assignment.
Ensures safety procedures are followed.
Performs other duties of a similar nature and level as assigned.
Rev. July 2014 1
281
The City of La Quinta
CLASS SPECIFICATION
Code Administration Specialist
POSITION SPECIFIC RESPONSIBILITIES:
Building Inspection
Positions assigned to functions may also be responsible for:
Investigating complaints and potential violations of building codes and/or hazards;
Approving and certifying final inspections; and
Issuing notices of non-compliance.
Animal Control/Code Compliance
Positions assigned to functions may also be responsible for:
Operating a city vehicle to control/transport animals at large and enforce animal ordinances;
Responding to citizen complaints and dispatch requests;
Investigating animal bites and arranging for quarantine of aggressor animal;
Investigating code enforcement complaints; and
Issuing citations for violation of laws, ordinances and codes.
Public Works Inspection
Positions assigned to functions may also be responsible for:
Inspecting on-site and off-site public works improvements including streets, storm drains, grading,
signing and striping, and landscaping including storm water quality and air quality (PM 10)
compliance;
Ensuring project compliance with Statewide general Construction Permit;
Assisting the Traffic Engineer with sign surveys and preparing work orders for citizen requests;
Providing drafting and Geographic Information System (GIS) support to the Public Works
Department;
Monitoring work of consultants and contractors and ensuring conformance with engineering
specifications;
Performing routine field tests; and
Conferring with Engineering staff on design problems and recommending possible solutions.
TRAINING AND EXPERIENCE:
High School Diploma or GED and, as assigned, two (2) years of code enforcement and/or building
construction/planning related experience.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Valid Class C California Driver’s License.
ICC Certification as Building Inspector is required for some assignments.
PC 832 is required within six (6) months of hire for some assignments.
Rev. July 2014 2
282
The City of La Quinta
CLASS SPECIFICATION
Code Administration Specialist
KNOWLEDGE OF:
Applicable local, state and federal laws, rules and regulations;
Safety standards;
City maps, location of streets and all areas around the City;
Record-keeping techniques;
Technical report writing techniques;
Modern office procedures;
Modern office equipment; and
Principles of customer service.
Building Inspection
Positions assigned to functions may also require knowledge of:
All types of building construction materials and methods; and
Plan review process.
Animal Control/Code Compliance
Positions assigned to functions may also require knowledge of:
Equipment and tools related to animal control.
Public Works Inspection
Positions assigned to functions may also require knowledge of:
Methods and techniques of public works inspection;
Principles of Public works construction;
Basic civil engineering principles; and
Field-testing techniques for soil and concrete, asphalt mix and paving, and storm drain system
construction.
SKILL IN:
Tact and diplomacy;
Remaining calm and professional when dealing with difficult customers or situations;
Ability to use judgment in non-routine situations;
Reading maps and/or plans;
Basic mathematical computations;
Operating testing, measuring and other inspection equipment;
Impartially investigating and evaluating complaints;
Preparing citations, logs, records, and reports;
Applying local, state and federal laws, rules and regulations;
Operating modern office equipment;
Operating a computer and relevant software applications; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
Rev. July 2014 3
283
The City of La Quinta
CLASS SPECIFICATION
Code Administration Specialist
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: stooping, kneeling, crouching, crawling, reaching, standing,
walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, seeing and repetitive
motions.
Light Work: Exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently,
and/or negligible amount of force constantly to move objects. If the use of arm and/or leg controls
requires exertion of forces greater than that for Sedentary Work and the worker sits most of the time,
the job is rated for Light Work. Some assignments may require HeavyWork: Exerting up to 100
pounds of force occasionally, and/or up to 50 pounds of force frequently, and/or up to 10 pounds of
force constantly to move objects.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (1/2014)
Revised by City of La Quinta (7/2014)
Rev. July 2014 4
284
The City of La Quinta
CLASS SPECIFICATION
Code Administration Supervisor
CLASS SERIES BAND/GRADE/SUBGRADEFLSA STATUS
Code Administration B32Non-exempt
CLASS SUMMARY:
This class is the third level in a four-level Code Administration series. Incumbents may oversee
code enforcement, animal control and/or building inspection staff.
DISTINGUISHING CHARACTERISTICS:
Positions at this level perform advanced journey-level and first-line supervisory responsibilities
that may include conducting quality assurance studies; resolving problems and complaints;
attending hearings; performing plan check activities; and enforcing municipal codes related to
property maintenance, building, zoning, health, animal control and safety. Incumbents may
supervise other code administration staff including conducting performance evaluations,
coordinating training; and implementing hiring, discipline and termination procedures.
ESSENTIAL DUTIES
:
This class specification represents only the core areas of responsibilities; specific position assignments will vary
depending on the needs of the department.
Supervises staff to include: prioritizing and assigning work; conducting performance evaluations;
ensuring staff are trained; ensuring that employees follow policies and procedures; maintaining a
healthy and safe work environment; and making hiring, termination and disciplinary recommendations.
Reviews building and construction permits and plans and/or investigates complaints for conformance
to federal, state and local codes, laws and ordinances.
Monitors inspection, plan review and/or code enforcement activities of staff and contractors.
Issues notices of non-compliance, citations, abatements and/or violations.
Confers with developers, consultants, superintendents and property owners regarding inspection
findings and/or code violations and required changes; negotiates resolutions.
Coordinates with other City departments to obtain final approvals, clarifications, status of the job or
requirements relating to construction in progress.
Performs code research.
Maintains logs to track project status; prepares/reviews technical reports.
Ensures safety procedures are followed.
Responds to citizen inquiries; provides information.
Performs other duties of a similar nature and level as assigned.
Rev. July 2014 1
285
The City of La Quinta
CLASS SPECIFICATION
Code Administration Supervisor
POSITION SPECIFIC RESPONSIBILITIES:
Plan Review/Building Inspection Supervisor
Positions assigned to functions may also be
responsible for:
Investigating complaints and potential violations of building codes and/or hazards;
Calculating construction valuation and building permit fees; and
Serving as back up for inspections, public counter support and issuing building permits.
Animal Control/Code Enforcement Supervisor
Positions assigned to functions may also be
responsible for:
Conducting follow up investigations to ensure compliance;
Preparing legal notices of code enforcement procedures; and
Representing the City in municipal court actions related to code compliance.
Permit Operations Supervisor
Positions assigned to functions may also be responsible for:
Organizing, supervising and participating with City staff engaged in the processing and
coordinating of applications and drawings for construction permits;
Planning, supervising and coordinating assigned general administrative activities including
permitting systems implementation and administration, records management, contract
administration, and personnel administration;
Identifying, tracking and forecasting development and land use trends;
Designing and conducting a variety of complex and responsible administrative studies,
statistical analyses and projects; and
Researching, analyzing and interpreting social, economic, and population data and trends and
establishing and maintaining comprehensive databases, preparing reports of findings.
TRAINING AND EXPERIENCE:
High School Diploma or GED and four (4) years of experience related to area of assignment.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Valid Class C California Driver’s License.
Plan Examiner Certification or attainment of PC 832 is required for some assignments.
Rev. July 2014 2
286
The City of La Quinta
CLASS SPECIFICATION
Code Administration Supervisor
KNOWLEDGE OF:
Applicable local, state and federal laws, rules and regulations;
Procedures involved in the enforcement of codes and local ordinances;
Organizational structure of the city and city services as they relate to inspection, plan review and
code compliance;
Negotiation and conflict resolution;
Safety standards;
Supervisory principles;
City maps, location of streets and all areas around the City;
Record-keeping techniques;
Technical report writing techniques;
Modern office procedures;
Modern office equipment; and
Principles of customer service.
Building Inspection/Plan Review
Positions assigned to functions may also require knowledge of:
All types of building construction materials and methods;
Accepted building construction safety standards; and
Principles of building inspection.
Animal Control/Code Enforcement
Positions assigned to functions may also require knowledge
of:
Principles of code enforcement; and
Equipment and tools related to animal control such as a tranquilizer gun, humane control devices,
traps and mobile radios.
Permit Operations Supervisor
Positions assigned to functions may also require knowledge of:
Analyzing administrative problems, evaluating alternatives, and making creative
recommendations;
Participating in development, implementation and administration of goals, objectives, and
procedures for providing effective and efficient services; and
Personal computer operation, software applications including in-depth knowledge of current permit
application software.
Rev. July 2014 3
287
The City of La Quinta
CLASS SPECIFICATION
Code Administration Supervisor
SKILL IN:
Supervising and evaluating employees;
Prioritizing and assigning work;
Tact and diplomacy;
Remaining calm and professional when dealing with difficult customers or situations;
Exercising independent judgment in non-routine situations;
Reading maps and/or plans;
Basic mathematical computations;
Operating testing, measuring and other inspection equipment;
Impartially investigating and evaluating complaints;
Preparing citations, logs, records, and reports;
Applying local, state and federal laws, rules and regulations;
Operating modern office equipment;
Operating a computer and relevant software applications; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: stooping, kneeling, crouching, crawling, reaching, standing,
walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, seeing and repetitive
motions.
Light Work: Exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently,
and/or negligible amount of force constantly to move objects. If the use of arm and/or leg controls
requires exertion of forces greater than that for Sedentary Work and the worker sits most of the time,
the job is rated for Light Work.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (1/2014)
Revised by City of La Quinta (7/2014)
Rev. July 2014 4
288
The City of La Quinta
CLASS SPECIFICATION
Code Administration Coordinator
CLASS SERIES BAND/GRADE/SUBGRADEFLSA STATUS
Code Administration C43Exempt
CLASS SUMMARY:
This class is the fourth level in a four-level Code Administration series. Incumbents perform
coordination of Capital Improvement Projects (CIP) and private development projects; including
constructability review of CIP plans and specifications and first-line supervisory oversight of staff
and projects.
DISTINGUISHING CHARACTERISTICS:
Positions at this level are distinguished from other classes within the Code Administration
Classification Series by the level of responsibility assumed, the complexity of duties assigned and
the supervision/oversight of staff and projects. Employees at this level are required to be fully
trained in all procedures and have a thorough knowledge of current federal, state, county and city
laws, codes and ordinances. As assigned, incumbents may supervise other Code Administration
staff including conducting performance evaluations, coordinating training; and implementing
hiring, discipline and termination procedures.
ESSENTIAL DUTIES
:
This class specification represents only the core areas of responsibilities; specific position assignments will vary
depending on the needs of the department.
May supervise staff to include: prioritizing and assigning work; conducting performance evaluations;
ensuring staff are trained; ensuring that employees follow policies and procedures; maintaining a
healthy and safe working environment; and making hiring, termination, and disciplinary
recommendations.
Prepares, researches, reviews and processes change orders; performs bid item accounting and
approves payments; recommends acceptance of projects to the City Council.
Coordinates safe work zone regulations and inspect work sites for compliance with safety
requirements.
Inspects work sites, work quality and materials used on public and private projects during various
stages of construction to ensure compliance with applicable codes, ordinances and regulations.
Coordinates contracts for materials testing, survey work, project design and other construction
management services.
Monitors contractor progress, traffic control, PM10 compliance and NPDES Permit requirements
related to construction activities.
Prepares technical reports and correspondence; maintains logs and records.
Performs other duties of a similar nature and level as assigned.
Rev. July 2014 1
289
The City of La Quinta
CLASS SPECIFICATION
Code Administration Coordinator
POSITION SPECIFIC RESPONSIBILITIES:
Construction Manager/Inspection Supervisor
Positions assigned to functions may also be
responsible for:
Overseeing and administering contracts for construction inspection, materials testing, survey work,
project design and other engineering/construction services;
Conferring with and coordinating information transfer to developers, engineers, architects, property
owners, contractors and others regarding construction requirements;
Conducting pre-construction meetings and conferences; and
Reviewing plans and specifications to ensure compliance with applicable codes; reviewing
requests for construction permits.
TRAINING AND EXPERIENCE:
Bachelor’s Degree in Construction Management or related field and up to five (5) years of municipal
construction and Capital Improvement Program (CIP) management-related experience.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Valid Class C California Driver’s License.
Possession of, or ability to obtain PM10 and NPDES Certifications within one (1) year of hire.
KNOWLEDGE OF:
Applicable local, state and federal laws, rules and regulations;
Principles of public works/construction management;
Standard specifications, special provisions and plans in administration of construction contracts;
Field inspection and materials testing methods;
Standard construction surveying techniques;
Street and storm drain design and grading techniques;
Standard landscape and irrigation work;
Organizational structure of the city and city services as they relate to inspection, plan review and
code compliance;
Supervisory principles;
Negotiation and conflict resolution;
Rev. July 2014 2
290
The City of La Quinta
CLASS SPECIFICATION
Code Administration Coordinator
Safety standards;
City maps, location of streets and all areas around the City;
Record-keeping techniques;
Technical report writing techniques;
Modern office procedures;
Modern office equipment; and
Principles of customer service.
SKILL IN:
Supervising and evaluating employees;
Prioritizing an assigning work;
Managing multiple construction projects and associated staff simultaneously;
Contract administration and evaluation of contractor performance;
Public bid processes and project management;
Using tact and diplomacy;
Using independent judgment in non-routine situations;
Reading maps and/or plans;
Basic mathematical computations;
Operating testing, measuring and other inspection equipment;
Applying local, state and federal laws, rules and regulations;
Operating modern office equipment;
Operating a computer and relevant software applications; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: stooping, kneeling, crouching, crawling, reaching, standing,
walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, seeing and repetitive
motions.
Light Work: Exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently,
and/or negligible amount of force constantly to move objects. If the use of arm and/or leg controls
requires exertion of forces greater than that for Sedentary Work and the worker sits most of the time,
the job is rated for Light Work.
NOTE:
The above job description is intended to represent only the key areas of responsibilities;
specific position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (1/2014)
Revised by City of La Quinta (7/2014)
Rev. July 2014 3
291
The City of La Quinta
CLASS SPECIFICATION
Maintenance & Operations Worker
CLASS SERIES BAND/GRADE/SUBGRADEFLSA STATUS
Maintenance and Operations A11 – A12 Non-Exempt
CLASS SUMMARY:
This class is the first level in a three-level Maintenance and Operations series. Incumbents
perform routine and non-routine facilities, grounds maintenance and/or operational activities in an
assigned area of maintenance responsibility.
DISTINGUISHING CHARACTERISTICS:
This class performs physical labor at the journey level in support of landscaping, repair,
construction and maintenance of city facilities, right-of-way, property, grounds and/or streets. As
assigned, incumbents may serve as lead workers coordinating the work of lower level staff and
troubleshooting problems.
ESSENTIAL DUTIES
:
This class specification represents only the core areas of responsibilities; specific position assignments will vary
depending on the needs of the department.
Inspects facilities, property and equipment for needed maintenance and repairs; responds to
requests/complaints from the public; provides customer service.
Maintains, repairs and operates equipment, vehicles and tools; keeps tools and equipment in clean
and safe working condition.
As assigned, performs street, sidewalk, curb, gutter and right-of-way maintenance: mixes, pours, lays
and finishes concrete; paves and repairs potholes using hot asphalt and cold mix.
As assigned, performs a wide variety of semi-skilled general maintenance work such as carpentry,
painting, tiling, masonry, plumbing, mechanical and electrical.
As assigned, performs irrigation maintenance: waters assigned areas; schedules irrigation to avoid
interfering with public use of facilities.
As assigned, performs general landscape care and maintenance: mows grass areas; cleans and
edges sidewalks; blows and rakes leaves; removes trash; cleans and maintains parking lots and
drainage systems.
As assigned, orders parts and equipment; researches vendors and prices; makes purchasing
recommendations.
Inputs/scans data into computerized systems; records information on logs and records.
Reads and follows blueprints, maps, technical and operational manuals and instructions.
Rev. July 2014 1
292
The City of La Quinta
CLASS SPECIFICATION
Maintenance & Operations Worker
Maintains and places banners and traffic control barricades for road work, weather closures, special
events and holidays.
Performs other duties of a similar nature and level as assigned.
POSITION SPECIFIC RESPONSIBILITIES:
Streets Maintenance
Positions assigned to may also be responsible for:
Removing hazardous materials;
Removing mud on streets from mud slides, water leaks or drainage;
Filling and placing sandbags during heavy rains and responding to emergency ruptures in water
mains;
Operating street sweeping equipment;
Painting street signs, buildings, walls, curbs and pavement;
Completing tasks related to the Graffiti Abatement Program; and
Installing, repairing, removing and replacing of street signs and legends.
Grounds/Landscape Maintenance
Positions assigned to may also be responsible for:
Locating and repairing broken electrical lines and installing controllers for irrigation systems;
Locating and repairing irrigation system leaks;
Spraying pesticides; and
Coordinating, reviewing work, inspecting and evaluating landscape and electrical lighting services
provided.
Facilities Maintenance
Positions assigned to may also be responsible for:
Performing a wide variety of semi-skilled and skilled facility maintenance work such as carpentry,
painting, tiling, masonry, plumbing, mechanical and electrical;
Assisting with facility emergency readiness;
General maintenance of HVAC systems;
Assitising City staff and City Council needs; and
Maintaining facility safety and efficiency.
TRAINING AND EXPERIENCE:
High School Diploma or GED and, as assigned, up to two (2) years of related work experience.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Valid Class C California Driver’s License
Valid Class B California Driver’s License (as assigned)
Rev. July 2014 2
293
The City of La Quinta
CLASS SPECIFICATION
Maintenance & Operations Worker
KNOWLEDGE OF:
Assigned maintenance equipment;
Assigned tools;
Standard practices, methods and materials of assigned maintenance and repair work;
Uses and properties of a variety of maintenance and repair supplies;
Occupational hazards and applicable safety principles and practices;
Basic math including addition, subtraction, multiplication and division;
Modern maintenance procedures; and
Modern office equipment.
SKILL IN:
Operating maintenance, power and hand tools, equipment and machinery;
Exerting physical effort in moderate to heavy work;
Applying common sense understanding to perform manual labor and semi-skilled tasks;
Using independent judgment in highly routine situations;
Comprehending and correctly using informational documents including customer complaint forms,
receipts, invoices, City maps and blueprints;
Comprehending a variety of reference books and manuals; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: climbing, balancing, stooping, kneeling, crouching, crawling,
reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, seeing
and repetitive motions.
Very Heavy Work: Exerting in excess of 100 pounds of force occasionally, and/or in excess of 50
pounds of force frequently, and/or in excess of 20 pounds of force constantly to move objects.
Incumbents may be subjected to moving mechanical parts, electrical currents, vibrations, fumes, odors,
dusts, gases, poor ventilation, chemicals, oils, blood and other bodily fluids, extreme temperatures,
inadequate lighting, work space restrictions, intense noises, travel and environmental conditions such
as disruptive people, imminent danger, and a threatening environment.
NOTE:
The above job description is intended to represent only the key areas of responsibilities;
specific position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (1/2014)
Revised by City of La Quinta (7/2014)
Rev. July 2014 3
294
The City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Technician
CLASS SERIES BAND/GRADE/SUBGRADEFLSA STATUS
Maintenance and Operations B21-B23Non-Exempt
CLASS SUMMARY:
This class is the second level in a three-level Maintenance and Operations series. Incumbents
perform semi-skilled and skilled activities in assigned area of responsibility such as maintaining
facilities, traffic support systems, traffic signals or providing specialized technical services.
DISTINGUISHING CHARACTERISTICS:
This class performs semi-skilled and skilled maintenance and repair work which may include
providing guidance and technical knowledge to Maintenance and Operations Workers ensuring
proper procedures and quality service. As assigned, may supervise other Maintenance and
Operations staff, which includes conducting performance evaluations, coordinating training and
implementing hiring, discipline and termination procedures.
ESSENTIAL DUTIES
:
This class specification represents only the core areas of responsibilities; specific position assignments will vary
depending on the needs of the department.
Inspects, maintains, troubleshoots and repairs assigned facilities, structures, equipment or traffic
support systems; performs emergency maintenance.
Develops schedules for routine maintenance; maintains records and prepares reports for maintenance
activities.
Responds to citizen/customer inquires, requests and complaints.
Creates and maintains safe work zones.
As assigned, supervises staff to include: Prioritizing and assigning work; conducting performance
evaluations; ensuring staff are trained; ensuring that employees follow policies and procedures;
maintaining a healthy and safe working environment; and making hiring, termination and disciplinary
recommendations.
Orders parts and equipment; researches vendors and prices; purchases parts and supplies/makes
purchasing recommendations.
Inputs/scans data into computerized systems; records information on logs and records; generates
reports.
Reads and follows blueprints, maps, technical and operational manuals and instructions.
Performs other duties of a similar nature and level as assigned.
Rev. July 2014 1
295
The City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Technician
POSITION SPECIFIC RESPONSIBILITIES:
Traffic Signal Technician
Positions assigned to may also be responsible for:
Inspecting, troubleshooting, modifying, installing and repairing traffic signals, traffic signal timing,
battery backup, lighting systems, conduits, poles, signal heads, controllers, switches, video
cameras, vehicle detectors and wired and wireless communication facilities;
Maintaining In-Pavement flashing light systems for crosswalks, flashing beacons and driver speed
feedback signs; and
Consistently responding to calls for traffic signal emergency repairs including knockdowns within
one hour 24 hours a day, 7 days a week except when backup services are in operation.
Facilities Maintenance Coordinator
Positions assigned to may also be responsible for:
Performing a wide variety of semi-skilled and skilled facility maintenance work such as carpentry,
painting, tiling, masonry, plumbing, mechanical and electrical;
Recommending source for repairs (in-house or contracted out);
Overseeing vendor contracts for facilities-related services (i.e. janitorial);
Maintaining select facilities in a state of “readiness” for emergency operations;
Implementing and overseeing preventive maintenance program; and
Maintaining facility safety and efficiency.
TRAINING AND EXPERIENCE:
High School Diploma or GED and four (4) years experience related to area of assignment.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Valid Class C California Driver’s License
Valid Class B California Driver’s License (with air brake enhancement) for Traffic Signal Technician
position.
As assigned, IMSA Traffic signal maintenance Level I certification and Work Zone safety or
equivilant may be preferred.
Rev. July 2014 2
296
The City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Technician
KNOWLEDGE OF:
Principles of mathematics as applied to engineering and/or building construction;
Basic principles and practices of engineering and/or construction design;
Supervisory principles;
Recent developments, current literature and sources of information regarding assigned
maintenance area;
Applicable local, state and federal laws, rules and regulations.
Occupational hazards and applicable safety principles and practices;
Basic math including addition, subtraction, multiplication and division;
Modern office procedures; and
Modern office equipment.
Traffic Signal Maintenance
Positions assigned to may also require knowledge of:
Principles of electrical circuitry and electronics;
Traffic signal and lighting inspection and testing methods; and
Maintenance of NEMA Econolite, Econolite and Iteris video detection systems.
Facilities Maintenance
Positions assigned to may also require knowledge of:
Best practices and procedures of electrical and plumbing work; and
Operation and maintenance of a variety of construction tools and equipment.
SKILL IN:
Operating applicable tools, equipment and testing devices;
As assigned, supervising and evaluating employees;
As assigned, prioritizing and assigning work;
Exerting physical effort in moderate to heavy work;
Applying technical knowledge to perform and/or troubleshoot skilled and semi-skilled tasks;
Using independent judgment in routine and emergency situations;
Maintaining accurate records and logs and producing technical reports;
Comprehending and correctly using informational documents including customer complaint forms,
receipts, invoices, City maps and blueprints;
Operating computer equipment and applicable software;
Applying local, state and federal laws, rules and regulations; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
Rev. July 2014 3
297
The City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Technician
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: climbing, balancing, stooping, kneeling, crouching, crawling,
reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, seeing
and repetitive motions.
Very Heavy Work: Exerting in excess of 100 pounds of force occasionally, and/or in excess of 50
pounds of force frequently, and/or in excess of 20 pounds of force constantly to move objects.
Incumbents may be subjected to moving mechanical parts, electrical currents, vibrations, fumes, odors,
dusts, gases, poor ventilation, chemicals, oils, blood and other bodily fluids, extreme temperatures,
inadequate lighting, work space restrictions, intense noises, travel and environmental conditions such
as disruptive people, imminent danger, and a threatening environment.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (1/2014)
Revised by City of La Quinta (7/2014)
Rev. July 2014 4
298
The City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Coordinator
CLASS SERIES BAND/GRADE/SUBGRADEFLSA STATUS
Maintenance and Operations B24Non-Exempt
CLASS SUMMARY:
This class is the third in a three-level Maintenance and Operations series. Incumbents provide
supervision for maintenance and trades staff in an assigned area related to traffic control,
landscaping, construction, streets, sidewalks, gutters and/or parks.
DISTINGUISHING CHARACTERISTICS:
This class performs first-line supervision and planning/oversight of day-to-day work activities and
operations of a semi-skilled or skilled crew, including participating in the development of unit
goals, objectives and procedures; and troubleshooting and repair of more complex issues.
ESSENTIAL DUTIES
:
This class specification represents only the core areas of responsibilities; specific position assignments will vary
depending on the needs of the department.
Supervises staff to include: prioritizing and assigning work; conducting performance evaluations;
ensuring staff are trained; ensuring that employees follow policies and procedures; maintaining a
healthy and safe working environment; and making hiring, termination and disciplinary
recommendations.
Operates, inspects, maintains, troubleshoots and repairs complex equipment, testing equipment,
vehicles, facilities and instrumentation.
Oversees the maintenance of tools and equipment and their safe/correct usage.
Responds to and investigates more difficult citizen/customer complaints.
Maintains records on time, materials and work performed; compiles data and prepares reports.
Creates and maintains safe work zones; schedules and performs safety meetings.
Oversees or carries out emergency repairs.
Reads and follows blueprints, maps, technical and operational manuals and instructions.
Assists in the preparation of specifications for supplies and equipment.
Monitors performance of contracted maintenance activities.
Performs other duties of a similar nature and level as assigned.
Rev. July 2014 1
299
The City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Coordinator
POSITION SPECIFIC RESPONSIBILITIESMIGHT INCLUDE:
Maintenance Foreman
Positions assigned to functions may also be responsible for:
Keeping necessary records of time, materials, parts and work performed;
Assisting supervisor in preparing specifications for supplies and equipment;
Operating light and heavy equipment; training personnel in the operation of equipment;
Scheduling and performing bi-weekly safety meetings with maintenance crew; and
Providing instruction and guidance to staff; and promote staff development and motivation; and
analyze problems that arise in the areas under supervision and recommend solutions
Assisting with vehicle maintenance and repairs; and
Installing, repairing, removing, and replacing street signs and legends.
Traffic Signal Maintenance Supervisor
Positions assigned to functions may also be responsible for:
Troubleshooting and emergency maintenance of traffic signal and lighting systems associated with
traffic signal systems, including wiring, conduits, poles, signal heads, controllers, switches, video
cameras, and vehicle detectors;
Overseeing and participating in inspecting, locating, and repairing malfunctions and failures in
traffic signal electrical and electronic equipment, circuits, and systems;
Installing, adjusting, testing, and repairing electric and electronic traffic signal controls and devices
and adjusting electronic controllers, pedestrian times, and electronic diagrams;
Overseeing and participating in performing solid state testing and calibration of traffic signal
controllers, program clocks, and computers; performing continuity and circuit checks using
specialized testing and calibration equipment;repairing switches, time clocks, battery back-up
systems and related equipment; and
Providing supervision and training to other traffic signal staff or consultants in traffic signal
maintenance principles and practices, answering questions and assisting in problem solving.
TRAINING AND EXPERIENCE:
High School Diploma and four (4) years of experience in assigned area of responsibility. Based on
assignment, additional training and/or licensure/certifications may be required.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Valid Class C California Driver’s License.
As assigned, valid Class B California Driver’s License, with air brake endorsement.
As assigned, trade licenses and certifications may be required.
As assigned, IMSA Level III Field Technician or equivalent, IMSA Street Lighting Level I or
equivalent, and IMSA Work Zone Safety or equivalent.
Rev. July 2014 2
300
The City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Coordinator
KNOWLEDGE OF:
Knowledge of a variety of applicable tools;
Knowledge of the use and/or application of applicable materials and supplies;
Basic principles of engineering, traffic control and/or construction design;
Supervisory principles;
Recent developments, current literature and sources of information regarding assigned
maintenance area;
Applicable local, state and federal laws rules and regulations;
Occupational hazards and applicable safety principles and practices;
Basic math including addition, subtraction, multiplication and division;
Principles of customer service;
Modern office procedures; and
Modern office equipment.
SKILL IN:
Operating applicable tools, equipment and testing devices;
Supervising and evaluating employees;
Prioritizing and assigning work;
Exerting physical effort in moderate to heavy work;
Applying technical knowledge to perform and/or troubleshoot skilled and semi-skilled tasks;
Using independent judgment in routine and emergency situations;
Maintaining accurate records and logs and producing technical reports;
Tact and diplomacy;
Comprehending and correctly using informational documents including customer complaint forms,
receipts, invoices, City maps and blueprints;
Operating a computer and applicable software applications;
Operating modern office equipment;
Applying local, state and federal laws, rules and regulations; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: climbing, balancing, stooping, kneeling, crouching, crawling,
reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, seeing
and repetitive motions.
Very Heavy Work: Exerting in excess of 100 pounds of force occasionally, and/or in excess of 50
pounds of force frequently, and/or in excess of 20 pounds of force constantly to move objects.
Incumbents may be subjected to moving mechanical parts, electrical currents, vibrations, fumes, odors,
dusts, gases, poor ventilation, chemicals, oils, blood and other bodily fluids, extreme temperatures,
inadequate lighting, work space restrictions, intense noises, travel and environmental conditions such
as disruptive people, imminent danger, and a threatening environment.
Rev. July 2014 3
301
The City of La Quinta
CLASS SPECIFICATION
Maintenance and Operations Coordinator
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (1/2014)
Revised by City of La Quinta (7/2014)
Rev. July 2014 4
302
The City of La Quinta
CLASS SPECIFICATION
Management Assistant
CLASS SERIES BAND/GRADE/SUBGRADEFLSA STATUS
Management Administration B21 - B22 Non-Exempt
CLASS SUMMARY:
This class is the first level in a four-level Management Administration Series. As assigned,
incumbents are responsible for providing specialized services and customer service in support of
City programs and finance. Incumbents, as assigned, may be responsible for processing receipts
and cashiering; assisting in budget preparation; collection and disbursement of payments,
developing and supporting program operations; performing research; maintaining databases;
providing technical assistance and training; and processing claims.
DISTINGUISHING CHARACTERISTICS:
Positions assigned to this classification perform tasks that are generally routine and repetitive in
monitoring and processing information or coordinating and implementing programs. Work
requires considerable attention to detail and is reviewed by a supervisor for conformance to
established requirements.
ESSENTIAL DUTIES
:
This class specification represents only the core areas of responsibilities; specific position assignments will vary
depending on the needs of the department.
Assists with coordinating department activities such as tracking work and change orders, relaying
communications, researching information and providing related support.
Assembles, matches, sorts tabulates, checks numerical data, creates and checks records and logs.
Prepares reports and forms.
Maintains records, references, reports, statistics; reviews forms and documents for compliance with
operational policies and procedures.
Assists in the acquisition of supplies and equipment.
Provides customer service to other employees and citizens.
Responds to citizen/customer questions and calls.
Performs filing and retrieval of information.
Rev. July 2014 1
303
The City of La Quinta
CLASS SPECIFICATION
Management Assistant
As assigned, serves as a lead to staff to include assigning and monitoring work and providing direction.
Performs other duties of a similar nature and level as assigned.
POSITION SPECIFIC RESPONSIBILITIESMIGHT INCLUDE:
Senior Account Clerk
Positions assigned to functions may also be responsible for:
Processing and reconciling Cash receipts, preparing requests for refunds, handling collection of
NSF checks;
Processing TOT payments, Short-Term Vacation Rental applications and various associated
reports;
Serving as cashier;
Processing and reviewing applications for dog and business licenses;
Assisting with preparation of payroll and related documents (such as timesheets, retirement
information, etc.); and
Assisting with preparation of accounts payable and related functions.
Account Technician
Positions assigned to functions may also be responsible for:
Reviewing requests for payments for accuracy and processing accounts payable, preparing
checks for payments and reporting on A/P and wire disbursements;
Reconciling bank statements;
Preparing warrants for payment and recording all disbursements;
Preparing various schedules and reports as requested to support accounting manager; and
Reconciling daily deposits for all departments.
Community Services Coordinator (Senior Center)
Positions assigned to functions may also be
responsible for:
Recruiting instructors;
Developing programs and classes;
Developing partnerships with a variety of community service providers
Recruiting and training volunteers; and
Coordinating daily operations in assigned area.
Community Services Coordinator (Facility Rentals, Sports, Programs,
Positions assigned to
Events, Marketing)
functions may also be responsible for:
Developing sports and community-related programs;
Overseeing facility rentals;
Coordinating and development city-wide events;
Assisting with marketing and Promotion of events and programs; and
Providing administrative support as requested.
Rev. July 2014 2
304
The City of La Quinta
CLASS SPECIFICATION
Management Assistant
TRAINING AND EXPERIENCE:
High School Diploma or GED and two (2) years experience related to area of assignment.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Some positions may require valid California Class C Driver’s License.
KNOWLEDGE OF:
Modern office procedures;
Modern office equipment;
Program coordination;
Proper English usage, grammar and punctuation;
Principles of customer service;
Basic budgetary principles;
City policies, rules and regulations, operations, procedures and precedents of assignment; and
Supervisory principles, as assigned.
Finance/Accounting
positions also require knowledge of:
Principles of basic accounting/bookkeeping;
Computer accounting applications;
Basic governmental accounting and budgeting; and
Methods of receiving and accounting for funds.
Community Services
positions also require knowledge of:
Principles of marketing, community service, recreational programming and cultural activities;
Needs, interests and requirements of the community; and
Available local agencies, organizations and providers of public service resources.
Rev. July 2014 3
305
The City of La Quinta
CLASS SPECIFICATION
Management Assistant
SKILL IN:
Tact, diplomacy and customer service;
Comprehending and correctly using a variety of informational documents including logs, ledgers
and financial records;
Preparing documents and records with a high degree of accuracy;
Data entry;
Basic business math (addition, subtraction, division, multiplication, percentages);
Operating a computer and relevant software applications;
Operating modern office equipment;
Some assignments may require prioritizing and assigning work; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: standing, walking, fingering, talking, hearing, seeing and
repetitive motions. Some assignments may require occasional pushing, pulling, lifting,
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are
required only occasionally and all other sedentary criteria are met.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (3/2014)
Revised by City of La Quinta (7/2014)
Rev. July 2014 4
306
The City of La Quinta
CLASS SPECIFICATION
Management Specialist
CLASS SERIES BAND/GRADE/SUBGRADEFLSA STATUS
Management Administration B24Non-Exempt
CLASS SUMMARY:
This class is the second level in a four-level Management Administration Series focused on
responsibilities associated with coordinating City processes and/or programs as a subject matter
expert, or supervising non-exempt staff engaged in similar work. Incumbents, as assigned, are
responsible for research, analysis, report writing and presentation; contract development and
management; records reconciliation; program coordination; grant and contract management; and
coordination across departments.
DISTINGUISHING CHARACTERISTICS:
Positions assigned to this classification perform programmatic and/or administrative coordination
of a city service or program as a subject matter expert. As assigned, incumbents may supervise
staff.
ESSENTIAL DUTIES
:
This class specification represents only the core areas of responsibilities; specific position assignments will vary
depending on the needs of the department.
Works with internal and external customers and stakeholders to resolve questions, service requests
and/or problems and complaints; coordinates with contractors and outside service providers when
required to resolve problems.
Conducts research and keeps abreast of changes in assigned field in order to assist in, or develop,
plans, programs, goals and objectives.
Prepares written reports, plans, public information collateral and/or program documents such as grant
funding applications, agreements, etc.
As assigned, supervises staff to include: prioritizing and assigning work; conducting performance
evaluations; ensuring staff are trained; ensuring that employees follow policies and procedures;
maintaining a healthy and safe working environment; and making hiring, termination and disciplinary
recommendations.
Maintains cooperative working relationships with peers, other jurisdictions and state or federal
agencies as assigned.
Creates, updates, distributes and maintains records, reports, logs and other documentation.
Performs other duties of a similar nature and level as assigned.
Rev. July 2014 1
307
The City of La Quinta
CLASS SPECIFICATION
Management Specialist
POSITION SPECIFIC RESPONSIBILITIESMIGHT INCLUDE:
Community Services Supervisor (Senior Center & Programs)
Positions assigned to functions may
also be responsible for:
Developing and executing recreation/senior programs with the community and at the Center;
Initiating and executing contracts for instructors and services;
Managing full and part-time staff at the Center;
Managing the daily operations of the facility; and
Working with nonprofit providers on health and social services for seniors.
Community Services Supervisor (Facility Rentals & Sports)
Positions assigned to functions may
also be responsible for:
Managing and assigning sports fields usage with local sports associations and nonprofit groups;
Developing and managing sports programs and events;
Managing, scheduling and evaluating part-time staff;
Executing facility and park rentals; and
Overseeing contracts including the lease for the Boys and Girls Club and the Fritz Burns Pool.
Marketing & Events Supervisor
Positions assigned to functions may also be responsible for:
Providing contract management and oversight with marketing and event vendors;
Managing marketing and promotion efforts for the city;
Event development and execution;
Coordinating with local nonprofits and community groups to provide activities; and
Strategic Planning for marketing and event planning – (City and CS Marketing Strategies).
Housing Coordinator
Positions assigned to functions may also be responsible for:
Developing and evaluating housing program applications and creating eligibility lists;
Responding to/coordinating tenant requests;
Addressing the interests of a variety of customers and stakeholders; and
Making presentations before City Council, commissions or stakeholder groups.
Deputy City Clerk
Positions assigned to functions may also be responsible for:
Preparing and distributing council agenda materials;Transcribing meeting minutes;
Maintaining indices and Codes;
Records management including overseeing/coordinating citywide scanning project and record
destruction,, legal recording and processing all record requests, claims, subpoenas and summons;
and
Serving as Deputy Elections Official , Deputy Records Manager; and performing duties of City
Clerk in the absence of the City Clerk.
Rev. July 2014 2
308
The City of La Quinta
CLASS SPECIFICATION
Management Specialist
TRAINING AND EXPERIENCE:
Associate’s Degree and, as assigned, two (2) years experience related to area of assignment.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Some positions may require a valid Class C California Driver’s License.
KNOWLEDGE IN:
Documentation and record-keeping principles;
Supervisory principles;
Contract administration and performance monitoring;
Program development, administration and evaluation;
Research methods, program analysis and report preparation;
Organizational structure of the city and city services as they relate to area of assignment;
Applicable local, state and federal laws, rules and regulations;
Modern office equipment; and
Communication, interpersonal skills as applied to interaction with subordinates, coworkers,
supervisor, the general public, etc. sufficient to exchange or convey information, evaluate
performance and provide and/or receive work direction.
Community Services
Positions assigned to also require knowledge of:
Safety precautions and procedures for public recreation and senior activities;
Principles and techniques of recreational, cultural and social programs and senior activities; and
Public information and marketing strategies.
Housing
Positions assigned to also require knowledge of:
Housing needs and socio-economic issues related to low and moderate income families; and
Basic principles of marketing and promotions; and
Effective public speaking and presentation techniques.
City Clerk
Positions assigned to also require knowledge of:
Municipal Records Management; and
Must obtain Notary Public certification within six (6) months of employment.
Rev. July 2014 3
309
The City of La Quinta
CLASS SPECIFICATION
Management Specialist
SKILL IN:
Analyzing problems and identifying solutions;
Mathematical computations common to basic statistics;
Understanding and acting upon written and verbal descriptions of problems;
Negotiation and conflict resolution;
Preparing written reports of moderate to high complexity and keeping accurate records;
Operating a computer and relevant software applications;
Operating modern office equipment;
Supervising and evaluating employees;
Prioritizing and assigning work;
Applying local, state and federal laws, rules and regulations;
Customer Service; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: standing, walking, fingering, talking, hearing, seeing and
repetitive motions. Some positions may require occasional pushing, pulling, lifting and grasping.
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are
required only occasionally and all other sedentary criteria are met.
Light Work: Exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently,
and/or negligible amount of force constantly to move objects. If the use of arm and/or leg controls
requires exertion of forces greater than that for Sedentary Work and the worker sits most of the time,
the job is rated for Light Work.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (3/2014)
Revised by City of La Quinta (7/2014)
Rev. July 2014 4
310
The City of La Quinta
CLASS SPECIFICATION
Management Coordinator
CLASS SERIES BAND/GRADE/SUBGRADEFLSA STATUS
Management Administration C41Exempt
CLASS SUMMARY:
This class is the third level in a four-level Management Administration Series focused on journey-
level responsibilities associated with the coordination of City processes and/or programs.
Incumbents, as assigned, are responsible for research, analysis, solutions development, report
writing and presentation; contract development and management; development of models;
configuration and maintenance of information systems; processing payroll, records reconciliation,
budget preparation support, journal entries, purchasing, and data management; program
coordination; grant and contract management; coordination across departments; conducting
studies including statistical analyses and projections.
DISTINGUISHING CHARACTERISTICS:
Positions assigned to this classification perform journey-level programmatic, technical and/or
administrative coordination of a city service or program.
ESSENTIAL DUTIES
:
This class specification represents only the core areas of responsibilities; specific position assignments will vary
depending on the needs of the department.
Works with internal and external customers and stakeholders to resolve questions, service requests
and/or problems and complaints; coordinates with contractors and outside service providers when
required to resolve problems.
Conducts research and keeps abreast of changes in assigned field in order to assist in, or develop,
plans, programs, goals and objectives; and evaluate new technology and/or business processes.
Prepares comprehensive written reports, plans, public information collateral and/or technical
documents.
Prepares and monitors budgets and related documents (such as grant funding applications,
agreements, etc.); prepares project schedules and contracts; monitors contractor performance and
overall day-to-day program operations or system performance.
Maintains cooperative working relationships with peers, other jurisdictions and state or federal
agencies as assigned.
Creates, updates, distributes and maintains records, reports, logs and other documentation.
Exercises discretion in accessing confidential information such as information related to personnel
matters and City Council confidential information.
Performs other duties of a similar nature and level as assigned.
Rev. July 2014 1
311
The City of La Quinta
CLASS SPECIFICATION
Management Coordinator
POSITION SPECIFIC RESPONSIBILITIESMIGHT INCLUDE:
Information Services Analyst
Positions assigned to functions may also be responsible for:
Coordinating installation or installing computer, peripheral and network equipment and software;
Maintaining/troubleshooting computer, peripheral and network equipment and software;
Maintaining the City’s website; and
Providing technical support to users.
Financial Services Analyst
Positions assigned to functions may also be responsible for:
Posting, balancing and reconciling the general ledger including preparing/verifying journal entries;
Auditing and reconciling daily cash receipts to bank transactions, investment portfolios and
accounts receivables and payables;
Preparing cash flow analyses, revenue, expense and fund balance forecasts; and
Tracking/preparing/updating financial information (such as payroll, investments, warrants).
Assistant Planner
Positions assigned to functions may also be responsible for:
Preparing materials and reports for City Council and Commissions;
Reviewing planning documents, petitions, permits, packets and records;
Providing assistance at the public counter;
Providing technical support for the City’s Geographical Information System; and
Performing fieldwork on project sites.
TRAINING AND EXPERIENCE:
Bachelor’s Degree and, as assigned, two (2) years experience related to area of assignment.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Some positions may require a valid Class C California Driver’s License.
Rev. July 2014 2
312
The City of La Quinta
CLASS SPECIFICATION
Management Coordinator
KNOWLEDGE IN:
Budgetary principles;
Documentation and record-keeping principles;
Contract administration and performance monitoring;
Program development, administration and evaluation;
Research methods, program analysis and report preparation;
Organizational structure of the city and city services as they relate to area of assignment;
Applicable local, state and federal laws, rules and regulations;
Modern office equipment; and
Communication, interpersonal skills as applied to interaction with subordinates, coworkers,
supervisor, the general public, etc. sufficient to exchange or convey information, evaluate
performance and provide and/or receive work direction.
Information Services
Positions assigned to also require knowledge of:
Principles and operations of networking and relevant technology, software and equipment;
Methods and techniques of file directory restoration; and
Website operations.
Finance/Accounting
Positions assigned to also require knowledge of:
Principles of accounting, general fund and cash management, investment management, payroll,
financial reporting and account classification;
Basic governmental accounting methods; and
Computerized accounting applications.
Planning
Positions assigned to also require knowledge of:
Principles of urban planning and development; and
Demographic, environmental, social, economic and land use concepts.
SKILL IN:
Analyzing problems and identifying and implementing solutions independently;
Mathematical computations common to basic statistics, public budgeting and accounting;
Understanding and acting upon written and verbal descriptions of problems;
Negotiation and conflict resolution;
Preparing written reports of moderate to high complexity and keeping accurate records;
Operating a computer and relevant software applications;
Operating modern office equipment;
Applying local, state and federal laws, rules and regulations;
Customer Service; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
Rev. July 2014 3
313
The City of La Quinta
CLASS SPECIFICATION
Management Coordinator
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: standing, walking, fingering, talking, hearing, seeing and
repetitive motions. Some positions may require occasional pushing, pulling, lifting and grasping.
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are
required only occasionally and all other sedentary criteria are met.
Light Work: Exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently,
and/or negligible amount of force constantly to move objects. If the use of arm and/or leg controls
requires exertion of forces greater than that for Sedentary Work and the worker sits most of the time,
the job is rated for Light Work.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (3/2014)
Revised by City of La Quinta (7/2014)
Rev. July 2014 4
314
The City of La Quinta
CLASS SPECIFICATION
Management Analyst
CLASS SERIES BAND/GRADE/SUBGRADEFLSA STATUS
Management Administration C42 – C44 Exempt
CLASS SUMMARY:
This class is the fourth level in a four-level Management Administration Series focused on
advanced journey level responsibilities. Incumbents are involved with the highest-level analysis
work associated, as assigned, with designated City management functions or programs.
DISTINGUISHING CHARACTERISTICS:
Positions assigned to this classification are responsible for more complex work products and
more complex project management and/or program administration/oversight. As assigned,
incumbents may supervise staff including conducting performance evaluations, coordinating
training; and implementing hiring, discipline and termination procedures.
ESSENTIAL DUTIES
:
This class specification represents only the core areas of responsibilities; specific position assignments will vary
depending on the needs of the department.
Leads meetings with internal and external customers and stakeholders regarding projects or to
address complaints and concerns escalated to a higher staff level.
Prepares and administers contracts and consultant or franchise agreements, approves billing, ensures
service levels and contractual/franchise expectations are met.
Conducts comprehensive research, keeps abreast of changes in assigned field, performs complex,
detailed analyses.
Prepares and presents complex plans, programs, and technical reports including staff reports for the
City Council or Commissions; coordinates/reviews/approves staff input into plans, programs and
reports.
Prepares and monitors budgets and related documents, prepares and manages project schedules,
oversees day-to-day program or staff activities.
As assigned, supervises staff to includes: prioritizing and assigning work; conducting performance
evaluations; ensuring staff are trained; ensuring that employees follow policies and procedures;
maintaining a healthy and safe working environment; and making hiring, termination and disciplinary
recommendations.
Assists in the development of standards, ordinances, regulations, policies and procedures; interprets
same.
Performs other duties of a similar nature and level as assigned.
Rev. July 2014 1
315
The City of La Quinta
CLASS SPECIFICATION
Management Analyst
POSITION SPECIFIC RESPONSIBILITIESMIGHT INCLUDE:
Assistant Civil Engineer
Positions assigned to functions may also be responsible for:
Reviewing applications, maps, designs, drawings, improvement plans, specifications, cost
estimates, and supporting documents;
Coordinating engineering activities with other City departments;
Processing encroachment permits and other permits for developments;
Processing agreements including Subdivision Improvement Agreements with related bonds/
securities and Reimbursement Agreements; and
Assisting at the front counter.
Associate Planner
Positions assigned to functions may also be responsible for:
Assisting with preparation of the General Plan and other specific plan documents;
Researching, reviewing and analyzing environmental, social and economic data related to planning,
land use and community development; and
Meeting with the development community to review proposed projects.
Business Analyst (City Manager’s Office)
Positions assigned to functions may also be responsible
for:
Negotiating and preparing contracts;
Analyzing contractor or franchisee performance, financial performance, market data and trends,
real estate pro formas and project cash flows;
Liaison for the City’s business community, assisting in economic development efforts and business
attraction;
Preparing financial models, operational studies, revenue and expenditure projections;
Leading city-wide initiatives such as technology project teams, strategic planning and performance
metrics; and
Providing assistance/serving as a technical resource for City departments.
Business Analyst (Finance)
Positions assigned to functions may also be responsible for:
Preparing various analyses and schedules related to budget preparation, audit activities, and grant
administration;
Assisting in the development, implementation, and coordination of various management
information systems; assisting in the identification and recommendation of computer hardware and
software needs for the department;
Assisting in the development of revenue and expenditure estimates and monitoring of expenditure
and revenue budgets;
Conducting operational studies, analyzing policies, work procedures, and operational methods and
making recommendations for improvement; and
Assisting Director of Finance with the research, analyses and preparation of reports related to:
budget, investments, contracts, and other financial matters.
Rev. July 2014 2
316
The City of La Quinta
CLASS SPECIFICATION
Management Analyst
Management Analyst (Public Works)
Positions assigned to functions may also be responsible for:
Coordinating department annual budget analysis, development and reporting via financial
software;
Coordinating Public Works Internship Program and National Public Works Week celebration;
Creating department communication, promotion, and outreach: preparing presentations/
articles/press releases, assisting homeowners and businesses, developing and updating
department Webpages, and providing GORequest system administration;
Updating Developer Engineer’s Handbook, Public Works Strategic Plan, Self-Assessment Update;
etc., as assigned; and
Assisting with overall department support on agreements, requests for proposals, public process
for Capital Improvement Projects, staff report processing, department meetings/special events,
staff reward program, and counter support.
PrincipalPlanner
Positions assigned to functions may also be responsible for:
Analyzing complex planning, zoning, and development issues and developing recommendations;
Preparing and presenting a variety of oral reports and recommendations for projects at public and
commission hearings;
Meeting with developers, customer and other department representatives regarding proposed or
contemplated projects; and
Researching, reviewing, and analyzing complex environmental, social, and economic data related
to planning, community development and land use activities.
TRAINING AND EXPERIENCE:
Bachelor’s Degree and, as assigned, four (4) years experience related to area of assignment.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
Some positions may require a valid Class C California Driver’s License.
Engineer In Training (EIT) certificate required within one year of hire for engineering assignments.
Rev. July 2014 3
317
The City of La Quinta
CLASS SPECIFICATION
Management Analyst
KNOWLEDGE IN:
Supervisory principles;
Budgetary principles;
Applicable local, state and federal laws, rules and regulations;
Project management methods including leading cross-functional teams;
Contract administration and performance monitoring;
Program development, administration and evaluation principles;
Research methods, statistical analysis, program analysis and report preparation;
Organizational structure of the city and city services as they relate to area of assignment;
Operating modern office equipment; and
Communication, interpersonal skills as applied to interaction with subordinates, coworkers,
supervisor, the general public, etc. sufficient to exchange or convey information, evaluate
performance and provide and/or receive work direction.
Engineering
Positions assigned to also require knowledge of:
Principles of civil engineering;
Topographic and construction surveying;
Methods and materials used in engineering construction; and
Computer Aided Design (CAD) programs.
Management/Business Analysts
Positions assigned to also require knowledge of:
Principles of change management;
Principles of business process analysis and financial analysis; and
Advanced financial modeling and forecasting techniques.
Planning
Positions assigned to also require knowledge of:
Principles of land use planning and development; and
Demographic, environmental, social, economic and land use concepts.
SKILL IN:
Advanced research and critical thinking;
Analysis and problem-solving;
Influencing the organization across multiple levels;
Mathematical computations;
Negotiation and conflict resolution;
Supervising and evaluating employees;
Prioritizing and assigning work;
Preparing written reports of high complexity and keeping accurate records;
Operating a computer and applicable software applications;
Applying local, state and federal laws, rules and regulations;
Customer service; and
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the
general public, etc. sufficient to exchange or convey information and to receive work direction.
Rev. July 2014 4
318
The City of La Quinta
CLASS SPECIFICATION
Management Analyst
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: standing, walking, fingering, talking, hearing, seeing and
repetitive motions.
Some assignments may be characterized as Sedentary Work: Exerting up to 10 pounds of force
occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or
otherwise move objects, including the human body. Sedentary work involves sitting most of the time.
Jobs are sedentary if walking and standing are required only occasionally and all other sedentary
criteria are met.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (3/2014)
Revised by City of La Quinta (7/2014)
Rev. July 2014 5
319
The City of La Quinta
CLASS SPECIFICATION
Manager
CLASS SERIES BAND/GRADE/SUBGRADEFLSA STATUS
ManagementD61 – D62 Exempt
CLASS SUMMARY:
This is the first level in a three-level Management Classification Series. Managers oversee
divisions and make interpretive decisions on behalf of the organization regarding the means for
executing the goals established by the relevant leader, regulatory body or governing body, subject
to constraints imposed by available technology and resources. Such interpretive decisions
provide context for the work to be accomplished by subordinates supervised within the unit and/or
designated programs managed.Incumbents are responsible for the management of functions and
budget associated with an assigned unit/designated program and may be responsible for the
supervision of professional, technical and administrative support staff assigned to the unit.Based
upon assignment, managers may administer units/designated programs with administrative
functions requiring differing levels of risk to the organization while providing for the across-the-
board first level management necessary to execute the process and projects of the organization.
DISTINGUISHING CHARACTERISTICS:
Positions assigned to this classification are responsible for assisting in the management and
direction of a department by supervising/overseeing the work of a City division. As assigned,
incumbents supervise staff including conducting performance evaluations; coordinating training;
and implementing hiring, discipline and termination procedures.
ESSENTIAL DUTIES
:
This class specification represents only the core areas of responsibilities; specific position assignments will vary
depending on the needs of the department.
Oversees the development and implementation of programs, policies and procedures for the division.
Supervises staff, as assigned, to include: prioritizing and assigning work; conducting performance
evaluations; ensuring staff are trained; ensuring that employees follow policies and procedures;
maintaining a healthy and safe working environment; and making hiring, termination and disciplinary
recommendations.
Administers and monitors the division’s budget, including allocating resources and approving
expenditures.
Assists the Director in developing and implementing department policies and procedures.
Attends required meetings with the department director, city manager, other city departments; other
regulatory entities; public boards and commissions; reviews and prepares reports, agenda items and
other official correspondence for city council and/or assigned boards/commissions; creates and makes
presentations to community organizations and city boards and commissions.
Performs other duties of a similar nature and level as assigned.
Rev. July 2014 1
320
The City of La Quinta
CLASS SPECIFICATION
Manager
POSITION SPECIFIC RESPONSIBILITIES:
Accounting Manager
Positions assigned to functions may also be responsible for:
Purchasing, payroll, and associated report preparation and records, or oversight of same;
Coordinating and taking the lead in the annual audit and preparation of the annual CAFR;
Maintaining the general ledger; preparating financial statements and financial reports, or oversight
of same; managing and reconciling various subsidiary accounts;
Administering and overseeing all revenue programs such as the Transient Occupancy Tax,
business licenses, animal licenses, and franchise fee programs;
Overseeing and managing computerized accounting systems;
Assisting with the formulation and development of the annual budget; and
Assisting the Finance Director as needed with complex financial analysis.
Assistant to City Manager
Positions assigned to the functions may also be responsible for:
Fostering intergovernmental, council, and community relations; Overseeing significant (large/city-
wide) special projects;
Coordinating and managing the City’s Business Unit, including police, fire, emergency services,
waste, franchise agreements and information technology functions;
Coordinating communications activities to foster understanding of City-wide vision, strategic
priorites, program goals, and services among the public and City Employees; and
Working closely with the Community Development Department, facilitating opportunities and
partnerships with the community and businesses.
Building Official
Positions assigned to functions may also be responsible for:
Review of building and construction plans for proper design and conformance with codes and
ordinances;
Approval and certification of final inspections;
Investigating complaints and potential violations of building codes/hazards and issuing non-
compliance notices; and
Non-structural plan checking and coordination of same.
City Clerk
Positions assigned to may also be responsible for:
Performing all statutory duties of the City Clerk as set forth in the California Government Code and
La Quinta Municipal Code;
Attending all meetings of the City Council/Successor Agency to the Redevelopment
Agency/Financing Authority and recording minutes thereof;
Directing the preparation of/preparing agendas, resolutions, ordinances and written materials for
the City Council/Successor Agency/Financing Authority;
Maintaining all official records of the city and the city’s records management system;
Conducting recruitment for boards/commissions;
Conducting municipal elections and serving as Deputy Registrar of Voters;
Maintaining the municipal code; and
Acting as Notary Public.
Rev. July 2014 2
321
The City of La Quinta
CLASS SPECIFICATION
Manager
Golf/Parks/Facilities Manager
Positions assigned to functions may also be responsible for:
Managing the operations and maintenance of the Citys’ golf development, parks, and facilities;
Serving as liaison between city and its golf course management firm including; coordinating and
reviewing work, inspecting facilities, and evaluating service provided;
Investigating, responding to, and resolving complaints from the public;
Coordinating park, recreational, and facility activities with fellow staff as well as community groups,
sports associations, other municipalities and untilities;
Participation in plan review of new development, capital improvement programming and value
engineering studies; for the golf development, parks and recreation sites, and facilities and
buildings, and
Crew safety training and safe work practices as well as public safety at City parks and facilities.
Human Resources/Risk Manager
Positions assigned to functions may also be responsible for:
Developing, maintaining and/or implementing affirmative action plan, classification/compensation
and employee benefit programs, employee training and development programs, performance
management, recruitment and selection processes, and risk management/safety programs and
associated insurance;
Assisting with the conduct of internal investigations or employee grievances and recommending
course of action; and
Representing the city in collective bargaining, including development and costing of proposals.
Maintenance Manager
Positions assigned to functions may also be responsible for:
Interpretation and implementation of plans, manuals and specifications;
Periodic inspections of facilities (i.e. streets and rights-of-way);
Participation in plan review of new development, capital improvement programming and value
engineering studies;
Crew safety training and safe work practices
Oversees and manages the operations and maintenance of the City’s public streets, sidewalks,
landscape, lighting, storm drain facilities, graffiti abatement, and fleet equipment and vehicles; and
Responsible for all facilities within the Landscape and Lighting District.
Planning Manager
Positions assigned to functions may also be responsible for:
Overseeing the historic preservation, archaeological and paleontological provisions of the
municipal code;
Assisting with the preparation of development standards;
Overseeing and assisting with the Planning Division’s participation in the development review
process including reviewing subdivision plans for compliance with the General Plan and zoning
ordinances; and
Investigating and/or assisting with the resolution of planning problems, zoning changes, text
amendments, and language for specific plans and the General Plan.
Rev. July 2014 3
322
The City of La Quinta
CLASS SPECIFICATION
Manager
Principal Engineer (Development Services)
Positions assigned to functions may also be
responsible for:
Serving as the City’s NPDES Coordinator, ensuring compliance and reporting with NPDES
permits.
Serving as the City’s Floodplain Manager to ensure compliance with state and federal flood plain
requirements
Providing engineering support for all development entitlements from preliminary project review to
writing conditions of approval; and
Plan check all improvement plans, hydrology studies, WQMPs and land actions.
Principal Engineer (Engineering Services)
Positions assigned to functions may also be responsible
for:
Preparation of the 5-Year Capital Improvement Plan
Oversight of Capital Project design, bidding, and budget
Serve as the Legally Responsible Person for projects covered under the Statewide General
Construction Storm Water Permit
Oversight of private development inspection;
Oversight of the City Traffic Engineer including disposition of resident requests, citywide speed
surveys, and
Oversight of the maintenance and operations of the City’s traffic signal system.
TRAINING AND EXPERIENCE:
Bachelor’s degree and five (5) years’ experience related to area of assignment.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
As assigned, valid California Driver’s License may be required.
As assigned, California Professional Engineer (PE) License or ability to acquire it within one year of
employment.
As assigned, certification as a Building Inspector from the International Conference of Building
Officials (ICBO) or equivalent.
Other professional certifications related to assignment deemed desirable at time of recruitment.
Rev. July 2014 4
323
The City of La Quinta
CLASS SPECIFICATION
Manager
KNOWLEDGE OF:
Managerial principles;
Supervisory principles;
Business administration principles;
Budgetary principles;
Applicable local, state and federal laws, rules and regulations;
Modern office equipment;
Organizational structure of the city and city services as they relate to area of assignment;
Safe working practices, procedures and regulations;
Customer service principles; and
Contract preparation, administration and service evaluation.
Accounting/Finance
Positions assigned to functions also require knowledge of:
Generally accepted accounting principles and sound financial record-keeping methods;
Computer accounting applications and systems; and
Governmental accounting principles.
Assistant to the City Manager
Positions assigned to also require knowledge of:
Principles, methods, practices and techniques of modern public administration, municipal
management, intergovernmental relations and board relations; and
Project management and research methodology.
City Clerk
Positions assigned to also require knowledge of:
The Brown Act, Political Reform Act and California Elections Codes; and
Principles and practices related to municipal records management.
Golf, Parks & Facilities Management
Positions assigned to also require knowledge of:
Principles, methods, practices and techniques of golf course management, maintenance and
operations;
Golf course tournament procedures; and
Golf course marketing techniques and promotional activities.
Human Resources/Risk Managemen
Positions assigned to t also require knowledge of:
Modern human resources principles, methods, practices and techniques including labor relations,
employee, relations, risk management, injury prevention, workers’ compensation, absence
management, recruitment, selection, staff development and training, classification, compensation,
benefits administration, health and safety; and
Project management and research methodology.
Rev. July 2014 5
324
The City of La Quinta
CLASS SPECIFICATION
Manager
Maintenance
Positions assigned to functions also require knowledge of:
Maintenance operations, project management and cost control methods;
Pavement management systems and applicability to pavement maintenance; and
Landscaping practices, including scheduling, parks maintenance, turf management and pest
control.
Planning
Positions assigned to also require knowledge of:
Principles, methods, practices and techniques of urban planning and development including
demographic, environmental, social and economic land use concepts; and
Statistical and research methodology.
Engineering
Positions assigned to also require knowledge of:
Advanced principles and practices of civil and structural engineering;
Administration as applied to the design and construction of public works facilities and technical
inspection services;
All types of building construction materials and methods, and of stages of construction when
possible violations and defects may be most easily observed and corrected;
City building and zoning codes and related laws and ordinances; and
The California Subdivision Map Act.
SKILL IN:
Supervising and evaluating employees;
Prioritizing and assigning work;
Assisting in the direction and management of operations;
Negotiating and conflict resolution;
Exercising independent judgment within organizational and legal frameworks;
Problem-solving, analysis and decision-making;
Applying local, state and federal laws, rules and regulations;
Public speaking;
Mathematical computations required for public budgeting, accounting and forecasting;
Operating a computer and relevant software applications;
Operating modern office equipment;
Communication, interpersonal skills as applied to interaction with subordinates, coworkers,
supervisor, the general public, etc. sufficient to exchange or convey information, evaluate
performance and provide and/or receive work direction.
Rev. July 2014 6
325
The City of La Quinta
CLASS SPECIFICATION
Manager
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: sitting, standing, walking, fingering, grasping, talking, hearing,
seeing and repetitive motions. Positions involved in leadership of a field assignment may also require
occasional pushing, pulling, lifting, crouching, stooping or crawling.
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are
required only occasionally and all other sedentary criteria are met.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (1/2014)
Revised by City of La Quinta (7/2014)
Rev. July 2014 7
326
The City of La Quinta
CLASS SPECIFICATION
Director
CLASS SERIES BAND/GRADE/SUBGRADEFLSA STATUS
ManagementE81 – E82 Exempt
CLASS SUMMARY:
This is the second level in a three-level Management Series. Directors apply advanced management
principles with critical impact on citizens and the organization. Incumbents exercise strategic and
visionary thinking; have long-term organization-wide application and impact; develop and implement
programs critical to the city; and exercise control and supervision of multiple assigned functions and/or
divisions and significant resources.Responsibility crosses multiple functional units within the
organization comprising a designated department. Positions will usually have responsibility for program
outcomes.
DISTINGUISHING CHARACTERISTICS:
Department Directors exercise overall responsibility for policy development, program planning,
fiscal management, administration and operation of a department; are responsible for providing
professional and technical assistance to senior management staff, the City Manager, various
committees, commissions and the City Council; and coordinate activities with other departments.
Incumbents supervise staff including conducting performance evaluations, coordinating training;
and implementing hiring, discipline and termination procedures.
ESSENTIAL DUTIES
:
This class specification represents only the core areas of responsibilities; specific position assignments will vary
depending on the needs of the department.
Directs the activities of the department to include overseeing the development and administration of
policies, procedures, programs, goals and objectives and presents them to the City Manager and City
Council as necessary.
Supervises staff to include: prioritizing and assigning work; conducting performance evaluations;
ensuring staff are trained; ensuring that employees follow policies and procedures; maintaining a
healthy and safe working environment; and making hiring, termination and disciplinary decisions.
Administers and monitors the department budget including allocating resources and approving
expenditures.
Attends City Council meetings; develops comprehensive reports and recommendations for the City
Manager and executive staff; prepares and/or reviews agenda items; attends other required meetings
with city manager, city staff, other regulatory entities, etc.
Represents the city to citizens, public and private agencies; responds to/resolves difficult or complex
inquiries and complaints.
Develops, reviews and/or recommends approval of policies, procedures, plans, ordinances, reports,
budget estimates, etc.
Performs other duties of a similar nature and level as assigned.
Rev. July 2014 1
327
The City of La Quinta
CLASS SPECIFICATION
Director
POSITION SPECIFIC RESPONSIBILITIES:
Community Development
Positions assigned to may also be responsible for:
Preparing, revising and administering the Zoning Ordinance, Official Zoning Map, General Plan
and other Specific Plans;
Recommending development standards and approval of proposed development projects and
subdivision plans; and
Creating, revising and monitoring development-related processes, applications, forms and fees.
Deputy City Manager/Community Services
Positions assigned to may also be responsible for:
Preparing and recommending strategic plans for department services and facilities;
Contract management for the operation and maintenance of city facilities, programs,
library/museum services, golf resort operations and parks maintenance;
Overseeing Human Resources functions including class and compensation, risk management and
employee relations; and
Directing City-wide marketing strategies (print and electronic) and contracts.
Finance/Treasurer
Positions assigned to may also be responsible for:
Developing/monitoring the budget, collecting and disbursing revenues, accounting, financial
reporting and auditing;
Ensuring proper financial procedures and controls are implemented and used;
Coordinating the purchase, storage, and issuance of supplies, materials and equipment;
Administering property and inventory records, investment programs and cash flow; and
Serving as Chief Fiscal Officer of the City and as Treasurer pursuant to the Government Code of
the State of California and the La Quinta Municipal Code.
Public Works/City Engineering
Positions assigned to may also be responsible for:
Overseeing contracted and in-house plan review, design, surveying and inspection;
Overseeing Capital Improvement Plan, construction, operations and maintenance activities;
Recommending approval of plans and engineering reports;
Preparing the Annual Engineer’s Report for the Landscape and Lighting District;
Planning and operations for Transportation Division;
Overseeing flood plain administration and stormwater quality compliance; and
Overseeing the Pavement Management Program.
TRAINING AND EXPERIENCE:
Bachelor’s degree and five (5) years’ experience related to area of assignment including three (3)
years of leadership experience.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
Rev. July 2014 2
328
The City of La Quinta
CLASS SPECIFICATION
Director
LICENSING/CERTIFICATIONS:
As assigned, valid California Driver’s License may be required.
As assigned, CaliforniaProfessional Engineer (PE) License or ability to acquire it within one year of
employment.
Other professional certifications related to assignment deemed desirable at time of recruitment.
KNOWLEDGE OF:
Principles and practices of public administration, executive and strategic leadership;
Managerial principles;
Business administration principles;
Supervisory principles;
Budgetary principles;
Applicable local, state and federal laws, rules and regulations;
Recent developments, current literature/trends and sources of information in assigned field;
Modern office equipment;
Organizational structure of the city and city services as they relate to area of assignment;
Safe working practices, procedures and regulations;
Customer service principles; and
Contract preparation, administration and service evaluation.
Community Development Director
Positions assigned to also require knowledge of:
Principles of urban planning and land use regulation; and
Demographic, environmental, social, economic and land use concepts related to urban planning.
Deputy City Manager/Community Services
Positions assigned to also require knowledge of:
Principles of municipal recreation and park program management;
Principles of library/museum operations and community services management;
Grant and other alternative funding resources;
Principles of park/landscape construction/maintenance, golf course operations/maintenance; and
Methods, materials and techniques related to marketing and public information dissemination,
compilation, preparation and publication.
Finance Director/Treasurer
Positions assigned to also require knowledge of:
Principles of governmental accounting including financial statement preparation and methods of
financial reporting, debt financing, and procurement; and
Principles of financial systems and municipal computer applications.
Public Works Director/City Engineer
Positions assigned to also require knowledge of:
Principles of engineering, design and construction of public works facilities;
Principles of technical inspection services; and
Methods, materials and techniques employed in public works construction.
Principles of transportation engineering, stormwater pollution prevention and flood plain
management.
Californina Subdivision Map Act and California Environmental Quality Act.
Rev. July 2014 3
329
The City of La Quinta
CLASS SPECIFICATION
Director
SKILL IN:
Supervising and evaluating employees;
Prioritizing and assigning work;
Negotiating and conflict resolution;
Exercising independent judgment within organizational and legal frameworks;
Problem-solving, analysis and decision-making;
Preparing complex reference materials, manuals, reports, rules, laws, regulations and other items;
Applying local, state and federal laws, rules and regulations;
Public speaking;
Mathematical computations required for public budgeting, accounting and forecasting;
Operating modern office equipment;
Operating a computer and relevant software applications; and
Communication, interpersonal skills as applied to interaction with subordinates, coworkers,
supervisor, the general public, etc. sufficient to exchange or convey information, evaluate
performance and provide and/or receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: sitting, standing, walking, fingering, grasping, talking, hearing,
seeing and repetitive motions.
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are
required only occasionally and all other sedentary criteria are met.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (1/2014)
Revised by City of La Quinta (7/2014)
Rev. July 2014 4
330
The City of La Quinta
CLASS SPECIFICATION
City Manager
CLASS SERIES BAND/GRADE/SUBGRADEFLSA STATUS
Management F101 Exempt
CLASS SUMMARY:
This class is the third and top level in a three-level Management Series. Incumbent serves as the top
executive officer of the City reporting to the Mayor and Council. Responsibilities include
comprehensive management and leadership for the municipality including policy development and
interpretation, administration of programs, process, functions, budget, and staff.
DISTINGUISHING CHARACTERISTICS:
Plans, organizes, coordinates and controls the day-to-day administration of the City; supervises
department heads, acts as a liaison between the City, the citizenry and other public agencies.
ESSENTIAL DUTIES
:
This class specification represents only the core areas of responsibilities; specific position assignments will vary
depending on the needs of the department.
Directs and participates in the development and implementation of the City’s goals, objectives, policies
and procedures; leads and executes organization/community-wide strategic planning and related
initiatives.
Enforces laws and ordinances of the City; ensures that all franchises, contracts, permits and privileges
granted by the City Council are observed.
Supervises, selects, trains, motivates and evaluates department directors; indirectly supervises City
staff; assigns, plans and reviews work; promotes opportunities for career training; instructs staff in
policies and procedures; conducts staff meetings and conferences.
Researches and analyzes data; assesses strengths and weaknesses in services levels, performance
and financial status; confers with, and informs City staff about staff objectives, areas needing
improvement and problem-solving; develops and implements policies and procedures.
Prepares and monitors the City budget; submits the proposed salary plan to the council for approval;
keeps the City Council fully advised about the financial condition and needs of the City.
Attends and participates in City Council meetings unless excused by the Mayor individually or the City
Council as a whole; except when the Council is considering removal of the manager; advises and
responds to City Council and citizen inquiries and complaints; recommends City Council adoption of
ordinances, policies and procedures.
Directs and oversees all purchasing activities of the City.
Acts as a representative of the City in numerous commissions, committees and boards; attends
professional society meetings and otherwise networks with administrators from other cities.
Rev. July 2014 1
331
The City of La Quinta
CLASS SPECIFICATION
City Manager
Serves as the Emergency Operations Center Director during a declared emergency; may direct all
agencies of the City government to utilize and employ City personnel, equipment and facilities for the
performance of any and all activities designed to prevent or alleviate actual or threatened damage due
to the emergency.
Monitors compliance with state and federal employee laws and regulations; keeps informed about
changes and developments affecting city management.
Exercises general supervision over all public buildings, parks and other public property under the
control and jurisdiction of the City Council.
Performs other duties of a similar nature and level as assigned.
TRAINING AND EXPERIENCE:
Bachelor’s degree and five (5) years related experience including progressively responsible
management experience.
Or an equivalent combination of education and experience sufficient to successfully perform the
essential duties of the job such as those listed above.
LICENSING/CERTIFICATIONS:
California Driver’s License may be required.
KNOWLEDGE OF:
Public agency administration with particular reference to municipal administration;
Basic laws, ordinances and regulations underlying the municipal corporation;
Supervisory principles;
Managerial principles;
Business administration principles;
Budgetary principles;
Performance management/measurement principles;
Applicable local, state and federal laws, rules and regulations;
Research techniques and sources for available information;
Recent developments, current literature/trends and sources of information in municipal
management;
Modern office equipment;
Customer service principles and practices; and
Contract preparation, administration and service evaluation.
Rev. July 2014 2
332
The City of La Quinta
CLASS SPECIFICATION
City Manager
SKILL IN:
Supervising and evaluating employees;
Prioritizing and assigning work;
Directing and managing a municipal corporation;
Promoting staff development and motivation;
Negotiating and conflict resolution;
Council-manager relations;
Exercising independent judgment within organizational and legal frameworks;
Problem-solving, analysis and decision-making;
Preparing complex reference materials, manuals, reports, rules, laws, regulations and other items;
Applying local, state and federal laws, rules and regulations;
Public speaking;
Mathematical computations required for public budgeting, accounting and forecasting;
Operating modern office equipment;
Operating a computer and relevant software applications; and
Communication, interpersonal skills as applied to interaction with subordinates, coworkers,
supervisor, the general public, etc. sufficient to exchange or convey information, evaluate
performance and provide and/or receive work direction.
ADA AND OTHER REQUIREMENTS:
Positions in this class typically require: sitting, standing, walking, fingering, grasping, talking, hearing,
seeing and repetitive motions.
Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are
required only occasionally and all other sedentary criteria are met.
NOTE:
The above job description is intended to represent only the key areas of responsibilities; specific
position assignments will vary depending on the business needs of the department.
CLASS HISTORY INFORMATION:
Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT)
Date: (1/2014)
Revised by City of La Quinta (7/2014)
Rev. July 2014 3
333
334
335
RATING
Construction Manager/Inspection SupervisorC43Financial Services AnalystC41Information Services AnalystC41Assistant Civil EngineerC42Associate PlannerC42Business AnalystC42Management
AnalystC42Principal PlannerC44
Executive Office AssistantA11Office AssistantA11Administrative TechnicianB21Content Editor/WriterB22Executive AssistantB22Permit TechnicianB22Animal Control/Code Compliance OfficerB23Building
InspectorB23Public Works InspectorB23Animal Control/Code Compliance SupervisorB32Permit Operations SupervisorB32Plans Examiner/Inspection SupervisorB32Facilities Maintenance WorkerA11Maintenance
Worker IA11Maintenance Worker IIA12Traffic Signal Technician B21Facilities Maintenance CoordinatorB23Maintenance ForemanB24Traffic Signal Maintenance SupervisorB24Community Services
CoordinatorB21Senior Account ClerkB21Account TechnicianB22Community Services SupervisorB24Marketing & Events SupervisorB24Housing CoordinatorB24Deputy City ClerkB24
AUTHORIZED POSITIONS - SALARY RATINGS
AUTHORIZED WORKING TITLE
EFFECTIVE JULY 1, 2014
CITY OF LA QUINTA
Maintenance & Operations Coordinator
Maintenance & Operations Technician
CLASSIFICATION SPECIFICATION
Maintenance & Operations Worker
Code Administration Coordinator
Code Administration Supervisor
Code Administration Technician
Code Administration Specialist
Management Administration
Maintenance & Operations
Management Coordinator
Administrative Technician
Administrative Assistant
Management Specialist
Management Assistant
Management Analyst
Code Administration
Administrative
336
RATING
City ManagerF101*
Accounting ManagerD61Assistant to City ManagerD61City ClerkD61Golf, Parks & Facilities ManagerD61Human Resources/Risk ManagerD61Maintenance ManagerD61Planning ManagerD61Building OfficialD61Principal
EngineerD62
Deputy City ManagerE81Community Development DirectorE81Public Works Director/City EngineerE82Finance Director/TreasurerE82
AUTHORIZED POSITIONS - SALARY RATINGS
AUTHORIZED WORKING TITLE
EFFECTIVE JULY 1, 2014
CITY OF LA QUINTA
* City Manager salary is determined by City Council contract
CLASSIFICATION SPECIFICATION
City Manager
Management
Manager
Director
FYIJCJUD
337
338
339
340
341
342
343
344
345
346
CITY MEETING DATE: August 5, 2014
ITEM TITLE: AWARD CONTRACT TO AMERICAN
ASPHALT SOUTH, INC. FOR FISCAL YEAR 2014/2015
SLURRY SEAL PROGRAM
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 8
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Award a contract to American Asphalt South, Inc., in the amount of $935,583.14, for the
Fiscal Year 2014/2015 Slurry Seal Program under the Pavement Management Plan
Street Improvements.
EXECUTIVE SUMMARY:
Each year the City commits $1 million for pavement preservation and
rehabilitation under its five-year Pavement Management Plan (PMP). The Fiscal
Year (FY) 2014/2015 PMP project calls for slurry seal of the lower Cove,
Highway 111/Washington Street and the Avenue 52 entrance to SilverRock
Resort.
In addition to slurry and crack seal, staff recommends that the additive alternate
also be awarded at this time to refresh the pavement striping along La Quinta’s
major streets.
Construction bids were received on July 24, 2014. American Asphalt South, Inc.,
a Fontana based construction company, submitted the lowest bid in the amount
of $935,583.14.
FISCAL IMPACT:
The PMP is included within the FY 2014/2015 Capital Improvement Program and is
programmed to receive $1,000,000 from the City’s General Fund with $2,632,000
available from previous fiscal years. Of the $3,632,000 appropriated in the PMP,
$1,210,000 is scheduled for the FY 2014/2015 Slurry Seal Program. The remaining
budget is committed for FY 2013/2014 PMP Roadway Rehabilitation Improvements,
which include the current resurfacing of Calle Tampico, Park Avenue, Avenida
Bermudas and Avenue 52. The budget for the slurry seal project is as follows:
347
BUDGET LINE ITEM BUDGET
Professional: $5,000
Technical (Insp/Test/Survey): $90,000
Design: $10,000
Construction: $935,585
Contingency: $164,415
City Administration: $5,000
TOTAL BUDGET:$1,210,000
BACKGROUND/ANALYSIS:
In accordance with the adopted PMP, the following street segments would receive slurry
and crack seal treatment during FY 2014/2015:
North Cove Streets from Calle Tampico to Calle Nogales
Washington Street and Highway 111 Intersection
SilverRock Way
On July 24, 2014, two sealed bids were received. A detailed bid comparison summary
is provided as Attachment 1. American Asphalt South, Inc. submitted the lowest
responsive bid in the amount of $935,583.14. This award includes the additive
alternative to refresh striping along major streets throughout the City.
Contingent upon City Council’s award of contact on August 5, 2014, the following is the
anticipated project schedule:
Project Award August 5, 2014
Sign Contract/Mobilize August 16, 2014 – Sept. 2, 2014
Construction (30 calendar days) Sept. 2, 2014 – Sept. 30, 2014
Accept Improvements October 2014
The second phase of this project, which is an overlay of Washington Street from
Avenue 52 and Calle Tampico, is scheduled for construction in the spring of 2015.
ALTERNATIVES:
The City Council could elect to not undertake the work at this time; however, delaying
this effort would accelerate roadway deterioration requiring additional remediation. In
order to maintain community roadways in a cost effective manner, no alternatives are
recommended.
Report prepared by: Edward J. Wimmer, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachment: 1. Bid Comparison Summary
348
ATTACHMENT 1
824,831.28195,000.00$ 1,357,500.28
60,000.0050,000.0040,000.00 974,831.28 35,000.0068,169.0014,500.00 117,669.00 70,000.00 265,000.00
QTYUNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
Asphalt
$
American
$$$$$$$$$$$$
195,000.00
60,000.0050,000.000.2640,000.0035,000.000.3014,500.0070,000.00
All
$$$$$$$$$
491,726.34201,000.00
16,000.0025,000.0060,500.0010,500.0036,356.8023,000.0071,500.00
593,226.3469,856.80272,500.00$ 935,583.14
Inc.
South,
Asphalt
$$$$$$$$$$$$
201,000.00
16,000.0025,000.000.15560,500.0010,500.000.1623,000.0071,500.00
American
Program
$$$$$$$$$
Seal
2014
Slurry
666,037.04227,230SF$0.1840,901.4057,401.40179,000.00902,438.44
66,000.0015,000.003,172,428SF$0.18571,037.0414,000.008,000.001LS$8,500.008,500.0015,000.00164,000.00
QUINTA
24,
2014/2015
JULY
$
$
$ $ $ $ $
$
LA$ $
$ $
OPENING
OF
CITY
Year
Fiscal
BID
1LS$66,000.001LS$15,000.001LS$8,000.00
1LS$164,000.00
1LS$14,000.00
1LS$15,000.00
07
Subtotal Additive Alternate 1:Subtotal Additive Alternate 2:
2012
Subtotal Bid Items 1-4:
ENGINEER'S ESTIMATE
TOTAL BASE BID ITEMS & ADDITIVE ALTERNATE 1
Pavement Striping and Markings, Including All Incidentals Pavement Striping and Markings, Including All Incidentals
& 2:
Refresh Pavement Striping and Markings, Including All
Emulsion Aggregate Slurry Seal Type II with 2% latex, Emulsion Aggregate Slurry Seal Type II with 2% latex,
including crack sealing on various street pavements including crack sealing on various street pavements
ton
ton
g
lace - Washin
7Traffic Control (Refresh Paint)
g
- Washin
4Traffic Control - Washington
lace
)
Seal Areas Seal Areas
pp
lete and in lete and in
)
2Traffic Control
Additive Alternate 1Additive Alternate 2
1Mobilization
BASE BID ITEMS
Incidental
s
yy
SlurrSlurr
pp
comcom
((
34568
349
350
CITY MEETING DATE: August 5, 2014
ITEM TITLE: RATIFY CHANGE ORDER TO GRANITE
CONSTRUCTION COMPANY AND AMEND
PROFESSIONAL SERVICES AGREEMENT TO DUDEK
FOR PHASE I PAVEMENT MANAGEMENT PLAN
STREET IMPROVEMENTS
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 9
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Ratify Contract Change Order No. 1 to Granite Construction Company in the amount of
$160,765, and amend Professional Services Agreement to Dudek, in the amount of
$8,350 for the Phase I Pavement Management Plan Street Improvements Project.
EXECUTIVE SUMMARY:
On May 20, 2014, City Council awarded the Phase I Pavement Management
Plan (PMP) Street Improvements Project to Granite Construction Company.
Dudek, the design engineer for the project, also provides construction support
services for the City, including materials testing for which they were previously
awarded a Professional Services Agreement in the amount of $43,912.
During construction, the contractor discovered substandard subgrade beneath
the golf cart/bike path lane on the south side of Calle Tampico, between Avenida
Bermudas and the entrance to the La Quinta Public Library. This deficient
condition was caused by excessive moisture beneath the roadway structural
section.
In order to complete the paving project and reopen the street in a timely manner,
staff directed the contractor to proceed on a time and material basis to bridge
and stabilize the subgrade in accordance with recommendations from the design
engineer.
These corrective measures resulted in work outside the contract scope for both
the contractor and design engineer.
351
FISCAL IMPACT:
Funding for these change orders is available within the Contingency (Granite) and
Inspection/Testing/Survey (Dudek) line items of this project’s budget. The Capital
Improvement Program budget allocates $1,997,206 for the rehabilitation of the
roadways in and around The Village, including Calle Tampico, as follows:
Budget Line Item Amount
Construction $1,588,423
Inspection/Testing/Survey $154,871
Design $43,912
Professional $20,000
City Administration $25,000
Contingency $165,000
Phase I Approved Budget: $1,997,206
BACKGROUND/ANALYSIS:
As part of the 2012 five-year PMP, Fiscal Years 2012 through 2014 and 2015/2016
included the following street segments:
Calle Tampico between Eisenhower Drive and Washington Street
Calle Tampico between Washington Street and Park Avenue
Park Avenue between Calle Tampico and Avenue 50
Avenue 52 between Washington Street and SilverRock Way
Avenida Bermudas between Avenue 52/Calle Sinaloa and Calle Nogales
To date, subgrade problems have only been experienced on the south side of Calle
Tampico, which were not found during design of the project despite soil borings taken in
the area. The extent of the subgrade problem could only be discovered/determined
after the asphalt roadway surface was removed. This substandard soil condition, which
may have been caused by water intrusion from adjacent irrigation and/or utility leaks,
was discovered on July 10, 2014. In order to complete the paving project and reopen
the street in a timely manner, staff authorized the contractor to proceed on a time and
material basis to replace and stabilize the subgrade starting July 21, 2014. The work
was completed on July 30, 2014. In addition to Granite’s expanded project scope,
Dudek, through its geotechnical subcontractor, incurred additional expenses while
investigating the cause of the soil failure in order to advise the City on how best to
address the unforeseen soil condition. The compensation for additional work under
Dudek’s Professional Services Agreement must be approved by City Council since the
amount exceeds five percent of the total design contract amount.
ALTERNATIVES:
To ensure that the resurfaced roadway will not degrade prematurely, the work was
required to provide a stable roadway surface. Further, to ensure a timely reopening of
352
Calle Tampico, the work needed to be completed prior to Council authorization.
Therefore, no alternative is recommended.
Report prepared by: Ed Wimmer, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachment: 1. Vicinity map
353
354
ATTACHMENT 1
V I C I N I T Y M A P
CALLE TAMPICO
LA QUINTA
LA QUINTA
LIBRARY
CITY HALL
LEGEND
SUBSTANDARD SUBGRADE AREA
355
356
CITY MEETING DATE: August 5, 2014
ITEM TITLE: AWARD CONTRACT TO NEW
CONSTRUCTION SOLUTIONS FOR PHASE I OF LA
QUINTA MUSEUM IMPROVEMENTS TO COMPLY
WITH AMERICANS WITH DISABILITIES ACT
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 10
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Award a contract to New Construction Solutions, in the amount of $34,650, for Phase I
of the La Quinta Museum Americans with Disabilities Act Public Facility Improvements
project.
EXECUTIVE SUMMARY:
The La Quinta Museum requires upgrades to comply with current Americans with
Disabilities Act (ADA) requirements.
Construction bids were received on July 24, 2014. New Construction Solutions,
a La Quinta construction company, submitted the lowest bid in the amount of
$34,650.
If Council awards the contract, the upgrades will be completed in October 2014.
FISCAL IMPACT:
The 2013/2014 Capital Improvement Program allocates $369,780 for La Quinta
Museum ADA improvements as follows:
BUDGET LINE ITEM BUDGET
Professional: $26,087
Technical (Insp/Test/Survey): $25,435
Design: $26,087
Construction: $260,867
P1: $34,650 P2: $226,217
Contingency: $26,087
City Administration: $5,217
TOTAL BUDGET:$369,780
357
BACKGROUND/ANALYSIS:
In 2011, the City commissioned an accessibility survey of its public facilities. This
survey identified the need for ADA improvements at the La Quinta Museum. Some of
these improvements can be corrected by a Class B General Building contractor (Phase
I), while others require engineering design (Phase II). The Phase I improvements
include adjusting the opening force for 21 doors, adding required signage in 9 locations,
mounting bathroom dispensers, modifying hand railing and other stair improvements,
modifying metal and tile thresholds, and installing door hardware. These improvements
are required to ensure accessibility to the disabled. The Phase II improvements are
scheduled for the spring of 2015.
On July 24, 2014, two sealed bids were received for the Phase I La Quinta Museum
Americans with Disabilities Act Public Facility Improvements. A detailed bid comparison
summary is attached (Attachment 1). New Construction Solutions submitted the lowest
responsive bid in the amount of $34,650.
Contingent upon City Council’s award of the contract on August 5, 2014, the following is
the anticipated project schedule:
Project Award August 5, 2014
Sign Contract/Mobilize April 16, 2014 – September 2, 2014
Construction (30 calendar days) September 2, 2014 – September 30, 2014
Accept Improvements October 2014
ALTERNATIVES:
Since these requirements are necessary to comply with State and Federal law, no
alternative is recommended.
Report prepared by: Edward J. Wimmer, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachment: 1. Bid Comparison Summary
358
ATTACHMENT 1
$ 47,400.00
5,000.0042,400.00
QTYUNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
/ƚƓƷƩğĭƷƚƩ
$
DĻƓĻƩğƌ
$$
5,000.0042,400.00
tǒƷƩźƓƚ
WƚĻ
$$
6,000.0028,650.00$ 34,650.00
{ƚƌǒƷźƚƓƭ
/ƚƓƭƷƩǒĭƷźƚƓ
$$
6,000.0028,650.00
bĻǞ
Improvements
$$
2014
ADA
5,000.00
$ 35,000.0040,000.00
QUINTA
24,
Museum
JULY
$
$
LA
OPENING
Quinta
OF
CITY
La
BID
1
1LS5,000.00
1LS35,000.00
Phase
01
$
2013
ENGINEER'S ESTIMATE
TOTAL BASE BID ITEMS (1-2):
La Quinta Museum ADA Improvements
BASE BID ITEMS
Mobilization
12
359
360
CITY MEETING DATE: August 5, 2014
ITEM TITLE: DENIAL OF CLAIM FOR DAMAGES FILED
BY: BRIAN GORDON; DATE OF LOSS — DECEMBER 27,
2013
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 11
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Deny the claim for damages of Brian Gordon in its entirety.
EXECUTIVE SUMMARY:
• A claim was filed by Brian Gordon with a reported date of loss of
December 27, 2013.
• It was forwarded to Carl Warren & Company, the City's claims administrator.
• Carl Warren reviewed the claim and recommends denial.
FISCAL IMPACT:
The claim was submitted with an approximate amount of $10,000.
BACKGROUND/ANALYSIS:
The claim is for injuries to the claimant's dog. The claimant states his dog was
attacked by another dog running off leash and suffered severe injuries. The
claimants state this attack was due to employee negligence on the part of the
City's Animal Control Officer, who they claim has repeatedly failed to enforce the
code for dogs running off leash in that area. Carl Warren's investigation revealed
no liability on behalf of the City, as the City's officers have responded appropriately
on numerous occasions to previous reports of incidents of this nature in this area.
41..1
362
CITY MEETING DATE: August 5, 2014
ITEM TITLE: APPROVE AMENDMENT EXTENDING
TERM OF PROFESSIONAL SERVICES AGREEMENT
WITH TALL MAN GROUP FOR REAL ESTATE
ANALYSIS SERVICES
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 12
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve an Amendment extending the term of the Professional Services
Agreement with Tall Man Group for real estate analysis services and authorize the
City Manager to execute said Amendment.
EXECUTIVE SUMMARY:
The Tall Man Group (TMG) currently provides real estate analysis services
assistance for the City.
The existing Professional Services Agreement (PSA) with TMG provides a
one-year term with the option to extend for three additional years.
The Amendment to the PSA would eliminate the option to extend and a five-
year term would be established.
FISCAL IMPACT:
Over the past year, TMG services cost the City and the Successor Agency
$70,332. Going forward, staff anticipates their annual cost will range from
$50,000 to $75,000 per year. These costs would be allocated between the City
Manager Contract Services Account and the Successor Agency Administration
Account.
BACKGROUND/ANALYSIS:
On August 6, 2013, City Council awarded a contract to TMG for a one-year term
with the option to extend for two additional years (Attachment 1). The existing
PSA with TMG provides for fiscal analysis and projections; real estate analysis;
363
property acquisition/disposition services; due diligence activities related to
development proposals/developers; assistance with developer negotiations; project
proposals and pro -forma analysis/evaluation; and assistance with agreement
structuring.
Over the past year, TMG has most notably provided assistance to staff with
discussions and negotiations involving the Meriwether Group and their development
interest in SilverRock Resort. TMG also assisted staff with preparing the Successor
Agency's Property Management Plan. It is anticipated that TMG services will be of
greater demand over the next two to three years namely due to the extensive
amount of work anticipated from SilverRock Resort and other developer interest in
City -owned properties.
The proposed contract amendment (Attachment 2) will provide technical expertise
as well as consistent, reliable and cost effective real estate services. Based on
past performance from TMG, familiarity with current City and Successor Agency
projects, and 13 -plus years of experience, staff recommends approval of the
Amendment to the PSA.
ALTERNATIVES:
City Council may elect to delay, modify, or reject the Amendment of the PSA and
direct staff accordingly.
Report prepared by: Les Johnson, Community Development Director
Report approved for submission by: Frank J. Spevacek, City Manager
Attachments: 1. PSA Amendment
2. Original Executed PSA dated September 24, 2013
ME
ATTACHMENT 1
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
WITH TALL MAN GROUP
This Amendment No. 1 to Professional Services Agreement with Tall Man
Group ("Amendment No. 1") is made and entered into as of the 5th day of August,
2014 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a
California municipal corporation and Tall Man Group (Consultant).
RECITALS
WHEREAS, on or about August 6, 2013, the City and Consultant entered
into a Professional Services Agreement to provide Housing Compliance and
Monitoring services for the City. The term of the Agreement expires on June 30,
2014; and
WHEREAS, changes are indicated to the term in the Professional Services
Agreement; and
WHEREAS, the City is utilizing Consultant for Real Estate Analysis services;
NOW THEREFORE, in consideration of the mutual covenant herein contained,
the parties agree as follows:
AMENDMENT
In consideration of the foregoing Recitals and the covenants and promises
hereinafter contained, and for good and valuable consideration, the sufficiency and
receipt of which are hereby acknowledged, the parties hereto agree as follows:
1.Section 2.1 is amended to read as follows:
Section 2.1 Contract Sum. For the services rendered pursuant to this
Agreement, Consultant shall be compensated in accordance with ,
except as provided in Section 1.6. The method of compensation set forth in the
Schedule of Compensation will include payment for time and materials based upon
methods as may be specified in the
Schedule of Compensation. Compensation may include the reimbursement for
actual and necessary expenditures for reproduction costs, telephone expense, and
similar costs and expenses when and if specified in the Schedule of Compensation.
2.Section 3.4 is amended to read as follows:
Section 3.4 Term. Unless earlier terminated in accordance with Sections 8.7 or
8.8 of this Agreement, the term of this agreement shall commence on August 5,
2014 and terminate on June 30, 2019.
In all other respects, the Original Agreement shall remain in effect.
365
IN WITNESS WHEREOF, the City and Consultant have executed this
Amendment No. 1 to the Professional Services Agreement on the respective dates
set forth below.
CITY OF LA QUINTA a California municipal corporation
Dated:
Frank J. Spevacek, City Manager
ATTEST:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
William , City Attorney
H. Ihrke
CONSULTANT: __________________________
Tall Man Group
By: Dated:
Name:
Title:
366
Exhibit B
Schedule of Compensation
Hourly Rates and Fees
Principal $175.00
Senior Associate $150.00
Associate $135.00
Senior Analyst $115.00
Analyst $100.00
Clerical $ 65.00
Reimbursable Cost plus
Expenses 10%
TMG does not charge clients for mileage, parking, telephone or fax expenses,
general postage or incidental copies. TMG does charge for messenger services,
overnight shipping mail costs, and teleconferencing services. We also charge for
copies of reports, documents, notices, and support material in excess of five (5)
copies. These costs are charged back at the actual expense plus the above
mentioned surcharge.
TMG will issue monthly invoices, payable within 30 days, unless otherwise agreed
upon in advance. Invoices identify tasks completed to date, hours expended and
the hourly rate.
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
CITY MEETING DATE: August 5, 2014
ITEM TITLE: ESTABLISH AN AD HOC COMMITTEE TO
REVIEW GRANT REQUESTS AND APPOINT TWO
CITY COUNCIL MEMBERS TO COMMITTEE
AGENDA CATEGORY:
BUSINESS SESSION: 1
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Establish an Ad Hoc Committee to consider the first round of grant requests and
appoint two City Council Members to this Committee.
EXECUTIVE SUMMARY:
• The City Grant Program was established to support community services
providers and community marketing efforts.
• Per City Council guidelines, the City calls for grant applications twice a year;
the applications are then reviewed by an Ad Hoc Committee comprised of
two Council Members.
• The first round of grant applications will be submitted and an Ad Hoc
Committee must be established to review these applications.
FISCAL IMPACT:
Grant funding for Fiscal Year 2014/2015 is budgeted at $60,000.
BACKGROUND/ANALYSIS:
The City Grant Program was established to support community services providers
and community marketing efforts, with priority given to organizations that directly
benefit La Quinta residents (marketing and sponsorship grants go to organizations
that benefit/enhance the City's marketing effort). Completed grant applications are
submitted twice a year and are initially reviewed by an Ad Hoc Committee
comprised of two Council Members. The Ad Hoc Committee then provides
recommendations to the City Council. Marketing requests that exceed $5,000 are
first reviewed by the La Quinta Marketing Committee, which is comprised of
representatives from SilverRock Resort, La Quinta Arts Foundation, La Quinta
Chamber of Commerce, La Quinta Resort & Club, Old Town La Quinta, Desert
Classic Charities, and City staff.
The first round Ad Hoc Committee will review and recommend grants that will be
considered by the City Council on October 7, 2014. First round grant applications
are due by Friday, September 12. Staff anticipates meeting with the Ad -Hoc
Committee to review grants sometime between September 18 and 24. Mayor
Adolph and Council Member Osborne were appointed to the second round Ad Hoc
Committee last fiscal year.
ALTERNATIVES:
The City Council's policy is to establish an ad hoc committee to conduct the first
review of all grant applications. Thus, no alternatives are recommended.
Report prepared by: Robert Ambriz Jr., Community Services Supervisor
Report approved for submission by: Edie Hylton, Community Services Director
CITY MEETING DATE: August 5, 2014
ITEM TITLE: DISCUSS ALTERNATIVES FOR
REHABILITAITON OF PAVEMENT ON MONROE
STREET BETWEEN AVENUE 54 AND AVENUE 55
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION: 1
PUBLIC HEARING:
RECOMMENDED ACTION:
Discuss options for rehabilitation of Monroe Street between Avenue 54 and Avenue 55.
EXECUTIVE SUMMARY:
At the June 17, 2014 City Council meeting, staff was asked to identify paving
options for a portion of Monroe Street that has not been refurbished since it was
constructed by Riverside County prior to the City’s incorporation.
Although not currently in the City’s five-year Pavement Management Plan (PMP),
Monroe Street improvements could be scheduled for Fiscal Year (FY) 2015/2016
if the current roadway paving priorities are modified and depending on the paving
rehabilitation method selected for this road.
Since the adjoining vacant land may be developed in two to five years, the
pavement improvements will be removed and replaced when development
occurs.
FISCAL IMPACT:
Depending on the rehabilitation method chosen, staff estimates that it would cost
$220,000 to $350,000 to repave the Monroe Street segment. Since FY 2014/2015 PMP
funds are allocated to projects either underway or soon to be underway, this project
would need to be scheduled for the FY 2015/2016 work program. To accomplish this,
the PMP projects must be reprioritized.
As of July 1, 2014, the PMP budget has approximately $3,632,000 available for PMP
improvements for FY 2014/2015 through FY 2016/2017. Attachment 1 presents the
streets identified for PMP improvements.
403
BACKGROUND/ANALYSIS:
In 2012, the City adopted the five-year PMP, which prioritizes the City's expenditures for
preventive maintenance and rehabilitation based on roadway classification, pavement
condition, and deficiency issues. The PMP is designed to give the City the most "bang
for the buck" by identifying the maximum number of pavement sections that can be
either slurry sealed or overlaid for the lowest cost. Street sections requiring complete
reconstruction are the most expensive to repair and require greater justification to
warrant this expense (such as being a high-volume arterial road).
Due to cost savings, approximately $1 million is anticipated to be available in FY
2015/2016 for street segments that were neither scheduled for FY 2015/2016 nor
currently in the PMP. Staff was going to recommend allocating $1 million to move the
FY 2016/2017 North La Quinta crack and slurry seal project to FY 2015/2016, which
may require both fiscal years' funding allocation to complete.
Staff projects that the City will receive approximately $408,000 in additional Gas Tax
this fiscal year. Although these funds may be used for pavement projects, staff
recommends they be reserved to fund the City's share of the Coachella Valley
Association of Governments (CVAG) design cost for the Jefferson Street/1-10
Interchange Project ($304,093) and for potential litigation and settlement costs from the
Adams Street Bridge Project.
At the July 1, 2014 City Council meeting, residents of The Estates and Trilogy
petitioned the City Council to repave Monroe Street, between Avenue 54 and Avenue
55 (Attachment 2). Staff was directed to evaluate the matter and bring back pavement
rehabilitation options for City Council consideration.
Staff identified two possible cost effective options: (1) defer improving this segment
until the adjoining parcels are developed or (2) implement a cold in place pavement
recycling improvement. Staff contacted the developer of the parcel at the southwest
corner of Avenue 54 and Monroe Street, who indicated that residential development is
at least two to three years away. Since improvements to the project's frontage on
Monroe Street would be a condition of development, any City pavement rehabilitation to
this area would be removed as part of the developer's ultimate street improvements. In
order to limit the City's cost for temporarily improving this section of Monroe Street, staff
recommends cold in place recycling to be the most cost effective method if this street is
reconstructed prior to development (Attachment 3 provides detailed options for City
Council consideration).
Available Funding Options:
1) Maintain the current PMP priorities by funding the North La Quinta crack and
slurry seal project in FY 2015/2016 and add the Monroe Street pavement
rehabilitation project as a PMP priority as soon as FY 2016/2017.
Blot'!
2) Direct staff to include the Monroe Street pavement rehabilitation project as a
PMP priority for FY 2015/2016 using available PMP funding. However, if this
option is chosen the North La Quinta crack and slurry seal improvements would
be delayed until FY 2016/2017.
3) Allow the majority of this paving to be done concurrently with development that is
anticipated to occur on Monroe Street within the next three to five years, and
supplement the developer's road work with City funds to construct final pavement
improvements in front of existing development projects. This option will eliminate
the temporary paving expense.
Report prepared by: Ed Wimmer, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachments: 1. PMP Five -Year Work Plan
2. Aerial Vicinity Map
3. Pavement Rehabilitation Options for Monroe Street
esI
406
1
ATTACHMENT
CALLE ENSENADA
407
CALLE SONORA
CALLE DURANGO
EVDAN2 5
CALLE SINALOA
NEVA
25EU
CALLE HIDALGO
SURTIC
AVENIDA LA FONDA
CALLE TAMPICO
OLEMOR
ANIR
ADNAM
BROOKVILLE
VIA VALEROSA
ETAGNOTS
E
LRT
XOF
ETRONELLAC
50TH AVE
ORAUGAS
DR
BOTTLEBRUSH AVE
EVHSA URBEGAS
ODNANREFADI
NEVA
AIDOLEMAIV
TSOETOMITNAS
and Slurry Seal2016-2017 Crack Seal
2015-2016 Reconstruction
SULTANA AVE
and Slurry Seal2014-2015 Crack Seal
EVAANOLECRAB
2012-2014 Overlay
2012-2014 Reconstruction
5 Year Work Plan
AIV
ETSEIRT
LRTWODAH
S
ECNEROLFAIV
City of La Quinta
Legend
SH-111
2012 5 Year Plan
CLARKE CT
SEW
RDOHDRAWT
SIOUQORI
RD
CARMEL VALLEY AVE
City of La Quinta
A
LPYELHS
REIS
ATSIVAR
TCEYAK
TCYDNIC
RDTSERCTRESED
RDENAID
AAK
TCR
EVASELIM
RICNALON
DANDELION DR
RDA
RAELD
NINROM
TCYROLGG
STAR FLOWER TRLIWRI
RICN
MLAPELLAC
OTE
RDATINAS
MARIGOLD LN
ME
RDDLARE
RDAMLAPAL
RDATELLIV
ERF
DGNIRAWD
R
RDSELPAN
S
TCANEI
TCOMOC
IROT
RDON
DRNIBOR
RICNOSCUT
WEIVNIATNUOM
IM
DRELLVEDNA
RDNOTSGNIK
STARLIGHT LN
TS
ERAWALED
IH
DRREVIRNEDD
408
ATTACHMENT 2
V I C I N I T Y M A P
AVENUE 54
MONROE PAVEMENT REHAB
PROJECT SITE
MOUNTAIN VIEW LN
409
410
ATTACHMENT 3
Pavement Rehabilitation Options for Monroe Street
Monroe Street, between Avenue 54 and Avenue 55 (approximately one-half mile), is
shared at centerline with the County of Riverside. The pavement width varies within the
City of La Quinta from 45 feet at its widest point near Avenue 55, adjacent to The
Estates, to approximately 13 feet at its narrowest point near Avenue 54. The roadway
pavement condition is fair with patches of alligator and block cracking, which is typically
caused by heavy wheel loads and thermal effects to the pavement. The roadway
segment was evaluated as part of the City Pavement Management Plan Update in May
2012 and received a Pavement Condition Index (PCI) rating of 46 – Fair Condition. The
County of Riverside recently rehabilitated the 13-foot wide stretch of pavement on its
side of the street.
The following pavement rehabilitation options are submitted for City Council
consideration:
Option 1 – Full Depth Cold in Place Recycling - $220,000
This option includes full depth cold in place recycling of the existing pavement to create
a base and provide a 1.5 inch thick asphalt concrete overlay on top of the recycled base
material. This option is expected to cost approximately $220,000 and will have a life
span of approximately 20 years.
The cold in place recycling method is currently being used to rehabilitate the pavement
on the five streets currently under construction as part of the City’s Pavement
Management Plan.
Option 2 – Remove and Replace Existing Pavement - $350,000
This option entails removing and disposing of the existing pavement material (two to
three inches of pavement) and replacing it with new pavement at the same depth over
compacted native soil. This option is expected to cost approximately $350,000 and will
have a life span of approximately 20 years.
This option is similar to the option used by the County for the 13-foot wide section of
pavement on its side of the centerline.
411
412
CITY MEETING DATE: August 5, 2014
ITEM TITLE: DISCUSS PROPOSAL FROM MARVIN
INVESTMENTS, INC. FOR USE OF CERTAIN CITY
OWNED LAND FOR THE PROPOSED VILLAS AT OLD
TOWN MIXED-USE DEVELOPMENT LOCATED IN THE
LA QUINTA VILLAGE
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION: 2
PUBLIC HEARING:
RECOMMENDED ACTION:
Discuss the Marvin Investments, Inc. mixed use development proposal located in
the La Quinta Village, and whether or not the City should formulate a strategy to
complete environmental review and the entitlement process for the Village as a
whole.
EXECUTIVE SUMMARY:
On January 6, 2014, the City entered into a purchase and sale agreement with
Marvin Investments (Developer) for the sale and future development of 3.4
acres of City property in the La Quinta Village.
The Developer has crafted a development program involving residential, office
and retail uses within five 3-story buildings; a majority of the parking would be
housed in an underground garage.
The Developer and staff are also proposing to use additional City property (the
grassed date palm-populated site adjoining the Wellness Center) for storm water
retention, while reconfiguring the Library/Wellness Center parking lot to provide
additional parking.
In order to stimulate Village development, staff is seeking Council thoughts
regarding a City-initiated effort to complete the environmental and entitlement
process for the greater Village to provide for efficiencies in the permitting
process.
FISCAL IMPACT:
The Developer would fund $50,000 of improvements to the Library/Wellness
Center parking lot. Expenses exceeding this amount (for parking space shade
413
structures) would be borne by the City. A Village -wide environmental and
entitlement process would cost 5100,000 to $150,000.
PROPOSAL/ANALYSIS:
The Developer's proposal for the 3.4 acre property entails constructing five 3 -story
buildings and an underground parking garage in two phases. A total of 84
condominium units and 20,000 square feet of retail/office space will be served by
183 parking spaces (124 underground). Attachment 1 presents a preliminary site
plan and elevations. The property would be developed in two phases. The
Developer continues to make progress in completing all information necessary for
an entitlement application submittal.
Off -Site Stormwater Retention
As the development plans are being refined, the Developer and staff formulated an
option to utilize City property outside of the 3.4 -acre development envelope for a
retention basin. The subject site is located southwest of the Wellness Center,
which is currently a turf area with several palm trees (Attachment 2). The
Developer proposes to drop the grade up to 3 feet and replant with existing palm
trees and turf. The trees would be configured to increase parking opportunities for
special events at the Civic Center Campus. The new retention basin could also
accommodate some storm water flow from the Library/Wellness Center parking lot.
Additional design work is necessary in order to determine if the site can
accommodate both without significantly compromising aesthetics. This
improvement would be constructed during the second phase of development.
The proposed retention area would benefit the development and improve storm
water treatment and conveyance for the Library/Wellness Center parking lot.
Proper design would continue the aesthetic benefit this open space provides today.
Library/Wellness Center Parking Lot
Staff and the Developer have also been discussing redesigning the Library/Wellness
Center parking lot. The parking spaces would be reoriented to an east -west
alignment and provide a seamless relationship with adjacent parking proposed with
the new development (Attachment 3). In addition, a pedestrian pathway would be
established, linking the new development with the Civic Center Campus. As
compensation for the aforementioned retention, the Developer has offered to
contribute $50,000 toward design and construction of the parking lot
improvements. The City would be responsible for all additional costs, including
establishing new carports. Grant funds may be available to fund purchasing
carports that would hold photovoltaic electric generation panels. These
improvements would occur in the second development phase.
The parking lot redesign will provide additional parking (up to 17 spaces) as well as
merge this lot with parking planned for the proposed development. The redesign
would also improve alignment for photovoltaic use should the City wish to establish
such a system in the future.
BSC!
Traffic Analysis
As per City policy, the Developer proceeded with a traffic study scope. The scope
identified several intersections and road segments that should be analyzed to
determine if upgrades are necessary due to existing service levels and potential
degradation due to new development traffic. A rather significant cost and time
schedule were subsequently identified to complete the traffic report. As a result,
the Developer has questioned staff as to the need for the proposed level of
analysis. After review, staff was able to reduce the number of intersections and
road segments, which will reduce the cost and time of the traffic study.
As a major Village property owner, the City has interest in seeing development
successfully occur in the Village. However, with the Village being a new market,
demand for residential product in a mixed-use environment is unknown. Similar to
the Highway 111 corridor development in the late 1990's, the initial new
development in the Village is challenged to afford the cost to construct building and
site improvements as well as the expense of off-site improvements. The former
redevelopment agency was able to assist with the required California Environmental
Quality Act studies and some of the needed infrastructure improvements within the
111 Corridor.
Staff is seeking Council input regarding the City providing assistance with funding
traffic and/or other required California Environmental Quality Act studies, and
develop a post -redevelopment strategy to fund needed infrastructure
improvements. If Council concurs that the City should invest in these studies, staff
will work with the Developer to craft a reasonable funding allocation for the traffic
study as well as consider the cost for roadway improvements once the study is
completed.
Assistance for Other Future Village Development
This development proposal has surfaced the need to define other items in order to
facilitate Village development. The Village is like the Highway 1 1 1 corridor of the
1 990's in that there is development interest but the depth of final user demand will
not be known until the first project is leased out. The Village provides the
opportunity for the City to establish a pedestrian -oriented community wherein
goods and services are close at hand. The City's Trends Forecast as well as
planning periodicals show that the next generation is seeking mixed use residential
opportunities in a pedestrian -oriented environment. As such, staff outlined the
following needs/concepts that should be explored and addressed for the Village.
The City addressed many of the same needs in the 1 990's in order to prepare the
Highway 111 Corridor for the regional commercial development that subsequently
ensued.
• Village Area Traffic Analysis: A significant amount of traffic analysis was
conducted as part of the 2035 General Plan update, which was completed in
February 2013. Further refinement of this analysis, including greater detail and
UP
assumption of land use build out, could significantly minimize the need for
traffic studies in the Village area. Should Council wish to consider this further,
staff will establish a scope and identify the cost to complete.
• Pedestrian Scale and Amenities: The current development proposal focuses
upon extending the pedestrian scale and sense of place that currently exists
within Old Town. Pedestrian circulation is a paramount element of success for
a village type environment. Defining key pedestrian connections and traffic
calming improvements at this time will be of resource when considering future
Village development opportunities. Should Council wish to consider this further,
staff will establish a scope and identify the cost to complete.
• Village Parking Requirements and In -Lieu Option: The uniqueness provided by
the Village warrants consideration of establishing parking standards unique to
this area. Current parking standards are used versus geographic focused, which
does not consider the land use characteristics anticipated within the Village.
Additionally, the City's parking in -lieu program is often of interest to developers
considering Village development opportunities. However, further definition and
refinement is necessary in order for it to be successfully utilized. Should
Council wish to consider this further, staff will establish a scope and identify the
cost to complete.
Staff seeks direction on the Developer's proposed retention plan, Library/Wellness
Center parking lot redesign, the traffic analysis, and the items listed to assist other
future Village development.
Report prepared by: Les Johnson, Community Development Director
Report approved for submission by: Frank J. Spevacek, City Manager
Attachments: 1 . Preliminary site plan and elevations
2. Map of proposed retention basin/ Parking Configuration
U
417
DATE:
SCALE:
418
14003.00
11’-0”11’-0”13’-0”
DATE:
SCALE:
.09.07
.05
.03
.01
BUILDING A
.08
.06
.02
.04
11’-0”11’-0”13’-0”
2’-6”11’-0”11’-0”13’-0”
419
14003.00
DATE:
SCALE:
.07
.05
.03
11’-0”11’-0”13’-0”
.01
BUILDING B
.09
.08
.02
.06
.12
.04
REPORTS & INFORMATIONAL ITEMS: 21
COMMUNITY SERVICES COMMISSION
MINUTES
MONDAY, MAY 12, 2014
CALL TO ORDER
A regular meeting of the La Quinta Community Services Commission was called to
order at 5:32 p.m. by Commissioner Fitzpatrick.
ROLL CALL
PRESENT: Commissioners Alford, Blakeley, Engel, and Fitzpatrick
ABSENT: None
PLEDGE OF ALLEGIANCE
Commissioner Alford led the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None.
CONFIRMATION OF AGENDA - Confirmed
PRESENTATIONS
1 . Presentation by the Coachella Valley Volunteers in Medicine (CVVIM)
Director Hylton presented the staff report.
Loretta Moss, Community Liaison, introduced CVVIM as the only free clinic in the
Coachella Valley. CVVIM serves the needs of primary care and dentistry patients
from a state -of -the art, custom built clinic in Indio. CVVIM provides care to those
who do not have health insurance and are not eligible for any government
sponsored healthcare programs. The number of patients served by the clinic has
grown steadily and by the end of 2013 reached over 500 patient visits per month.
Average visits are 30% from Indio; 27% from Coachella; 8 or 9% from La Quinta;
and 8 or 9% from Palm Desert.
APPROVAL OF MINUTES
Motion — A motion was made by Commissioners Blakeley/Alford to approve the
April 14, 2014 Community Services Commission Minutes as submitted. Motion
passed unanimously.
COMMUNITY SERVICES COMMISSION MINUTES MAY 12, 2014
421
422
REPORTS AND INFORMATIONAL ITEMS: 22
PLANNING COMMISSION
MINUTES
TUESDAY, JUNE 24, 2014
A regular meeting of the La Quinta Planning Commission was called to order at 7:04
p.m. by Chairperson Barrows.
PRESENT: Commissioners Blum, Weber, Wilkinson, Vice Chair Wright, and
Chairperson Barrows
ABSENT: None
STAFF PRESENT: Community Development Director Les Johnson, Planning Manager
David Sawyer, Principal Engineer Ed Wimmer, Associate Planner Jay
Wuu, and Office Assistant Beatrice Acosta
Commissioner Blum led the Commission in the Pledge of Allegiance.
PUBLIC COMMENT
Public Speaker: Mr. Philip Bettencourt, La Quinta Resident, CA — introduced himself as
recently appointed Planning Commissioner and said he was looking forward to serving
on the Commission.
CONFIRMATION OF AGENDA - Confirmed
APPROVAL OF MINUTES
Motion — A motion was made and seconded by Commissioners Wright/Blum to approve
the Planning Commission Minutes of June 10, 2014, as submitted and modified to
reflect the arrival of Commissioner Weber. Motion carried unanimously.
PUBLIC HEARINGS
1. Continued from June 10, 2014 — Environmental Assessment 2014-636 and
Amended Final Map 32742 submitted by Monterra Properties, LLC proposing to
reconfigure a previously approved 14 -acre, 40 single-family residential lot
subdivision in order to relocate the primary access from Monroe Street to Brown
Deer Park Road while maintaining an exit -only access on Monroe Street. Project:
PLANNING COMMISSION MINUTES 1 JUNE 24, 2014
423
BUSINESS SESSION
424
425
426
PLANNING COMMISSION
MINUTES
TUESDAY, JULY 8, 2014
CALL TO ORDER
APPOINTMENT OF OFFICERS
PUBLIC COMMENT
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
427
PUBLIC HEARINGS
BUSINESS SESSION
428
CORRESPONDENCE AND WRITTEN MATERIAL
COMMISSIONER ITEMS
CHQDBSNQŬR HSDLR
ADJOURNMENT
429
430
DEPARTMENT REPORT: 1A
TO: Honorable Mayor and Members of the City Council
FROM: Chris Escobedo, Assistant to City Manager
DATE: August 5, 2014
SUBJECT: BERMUDA DUNES AIRPORT
The owners of the Bermuda Dunes Airport requested assistance from Riverside
County Supervisor, John J. Benoit, regarding a cooperative effort to purchase and
maintain the airport. Supervisor Benoit has sent correspondence (Attachment 1) to
jurisdictions surrounding the airport to assess if there is interest in the partnership.
The owners believe the airport provides a continuing economic development
advantage to its surrounding communities, but anticipate receiving offers to
purchase the property for alternative uses.
Staff is seeking direction from the City Council on whether or not there is interest
in a cooperative effort to purchase and maintain Bermuda Dunes Airport for the
purpose of maintaining it as an airport. The Cities of Coachella, Indian Wells, Indio,
and Palm Desert were also sent the correspondence. Riverside County might be
interested in the partnership and could take on an oversight and management role
involving their Aviation Department, a unit of the Riverside County Economic
Development Agency. The Supervisor requests a response by Monday, September
1, 2014.
Bermuda Dunes Airport was established in 1962 and is a privately owned "public
use general aviation, utility category airport." It is Federal Aviation Authority
approved and operates under the State Department of Transportation Division of
Aeronautics.
Attachment: 1 . July 10, 2014 Correspondence from John J. Benoit
El 91
432
433
434
435
436
437
438
439
440
441
442
443
444
C D D
C D D
OMMUNITYEVELOPMENTEPARTMENT
OMMUNITYEVELOPMENTEPARTMENT
June 2014 Report
June 2014 Report
June 2014 Report
The Community Development Department represents one of six City departments. The hub
of the department is the Permit Center. The Permit Center provides all development related
services in one location including building permits, building inspections, housing services,
plan checking, planning permits, and other general permit services. The Community
Development Department consists of the Planning Division, Housing Division, Building
Division, Animal Control, and Code Compliance Services.
Permit Center Activity - June
944 Customers Served at Counter
1224 Telephone Calls Received
213 Building Permits Issued
C D D
OMMUNITYEVELOPMENTEPARTMENT
445
Building Code Compliance/Animal Control Emergency Services Housing Planning
The Planning Division works with residential and commercial property/business owners and
and policies.
Planning ActivityMajor Projects
Renditions at Palizada Gated development, which will include the construction of
418 single-family detached homes, located at the southeast corner of Monroe Street
and Avenue 60.
Administrative Permits
Entitlement Permits
Include sign applications, temporary use
Include site development permits,
permits, minor use permits, final
conditional use permits, subdivision
landscaping plans, etc.
maps, etc.
The Building Division administers all building permit applications and plans for compliance with
requirements established in the entitlement process, La Quinta Municipal Code, and all currently
applicable California Building Standards Codes.
C D D
OMMUNITYEVELOPMENTEPARTMENT
446
Building Code Compliance/Animal Control Emergency Services Housing Planning
Animal Control
The Animal Control Division provides field services responding to reports of stray, lost/found,
and injured animals in distress and transports them for medical treatment and shelter when needed,
seven days a week.
JUNE ANIMAL CONTROL ACTIVITY
576 Total Animal Control Cases
Reported
547 Total Animal Control Cases
Resolved and Closed
Code Compliance
The Code Compliance Division addresses numerous issues including abandoned vehicles, property
maintenance, health & safety, building code compliance, zoning, substandard housing, and other
topics that can have an adverse impact on residential and commercial neighborhoods in the City.
Code Compliance Activity
1162 Total Opened Code Cases in 2014
1040 Total Resolved and Closed Cases
in 2014
C D D
OMMUNITYEVELOPMENTEPARTMENT
447
Building Code Compliance/Animal Control Emergency Services Housing Planning
448
DEPARTMENT REPORT: 3
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Edie Hylton, Community Services Director
DATE: August 5, 2014
RE: COMMUNITY SERVICES 2014/15 MARKETING PLAN
The Community Services 2014/15 Marketing Plan, approved by the Community
Services Commission, is attached. This plan is identified in the Community
Services Commission Work Plan as a guide to market and promote City programs,
facilities and events.
Attachment: 1. Community Services 2014/15 Marketing Plan
ezR;
450
DPNNVOJUZ
TFSWJDFT
QMBO
NBSLFUJOH
3125!.!3126
451
o
o
o
o
452
453
454
455
456
457
458
459
460
461
Facebook
462
CITY MEETING DATE: August 5, 2014
ITEM TITLE: ADOPT RESOLUTION TO APPROVE A
SALES TAX SHARING AGREEMENT WITH ONE
ELEVEN LA QUINTA, LLC FOR CERTAIN
IMPROVEMENTS ASSOCIATED WITH 111 LA
QUINTA CENTER
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING: 1
RECOMMENDED ACTION:
Adopt a resolution approving a sales tax sharing agreement with One Eleven La
Quinta, LLC for certain improvements associated with the 111 La Quinta Center.
EXECUTIVE SUMMARY:
The 111 La Quinta Center is one of the first and largest shopping
centers in La Quinta. Numerous anchor stores and businesses are located
within this center (see Attachment 1).
Due to the latest economic recession, approximately 37 percent of the ancillary
tenant space within the Center is currently vacant. A limited amount of pad
spaces also remain undeveloped within the Center.
A new anchor store, Hobby Lobby, is under construction and slated to open by
the end of the year. This store is anticipated to stimulate strong customer
interest for the Center and the Highway 111 business district.
Mr. Shovlin has made recent improvements with plans for future improvements
to attract additional shopping interest within the Center.
A new traffic signal is proposed for the intersection of Adams Street and
Corporate Center Drive (Attachment 2), which would include a new signalized
access point for the Center.
The sales tax sharing agreement provides a 50/50 split of the
City portion of sales tax generated from Hobby Lobby. Reimbursement would
not exceed $400,000 and is limited to a term of six years anticipating
Agreement conclusion by January 2021.
463
FISCAL IMPACT:
The Agreement would cost the City 50 percent or $400,000 of future sales tax
revenue generated from Hobby Lobby during the first six years of operations. It is
unclear how much additional sales tax revenue the City may receive, if any, from
neighboring businesses sales increases due to Hobby Lobby patronage traffic.
BACKGROUND/ANALYSIS:
The Center consists of approximately 60 acres bounded by Washington Street,
Highway 111, Adams Street and the Whitewater Channel. The project Specific
Plan identifies approximately 617,000 square feet of retail space will exist within
the Center when built out. Approximately 485,000 square feet of retail space
exists today with 54,000 square feet currently under construction (Hobby Lobby).
Several prominent businesses are located at the Center, such as Stater Bros.,
Though the majority of the Center is developed, a few undeveloped building pads
remain. Hobby Lobby represents one of these pads, which is currently under
construction and slated to open by the end of the year. Hobby Lobby is an arts
and craft supply retailer with a strong customer following. It is anticipated that the
store will bring new customers and retail business to the Center and the Highway
111 retail corridor.
A majority of the Center, including the Hobby Lobby site, is owned by One Eleven
La Quinta, LLC, managed by Michael Shovlin. On behalf of his company, Mr.
Shovlin has requested $400,000 in economic development assistance from the
City via a sales tax reimbursement agreement. These funds would be used toward
certain improvements for the Center that will assist in the ability to attract new and
maintain existing retail businesses. Though Hobby Lobby is expected to be a
positive addition to the Center, Mr. Shovlin desires to see the remaining
undeveloped pads and vacant commercial space occupied by other quality retail
businesses.
The proposed $400,000 sales tax reimbursement would be used toward the
following improvements:
$ 25,000 Miscellaneous Center landscaping improvements/upgrades (majority
completed).
$150,000 Future pedestrian improvements associated with Hobby Lobby and
adjacent pads to improve pedestrian connectivity and flow of
shopping center.
$120,000 Property for future Adams Street and Corporate Center Drive signal
(includes inability to fully utilize remainder property north of signal).
$ 50,000 On-site improvements associated with the future signal.
464
$ 55,000 Future Center signage and aesthetic improvements.
$400,000
It is expected that most, if not all identified improvements will be completed within
the next 24-36 months. However, it is unclear at this time as to exactly when the
remaining pads neighboring Hobby Lobby will develop. The identified pedestrian
improvements are intended to be constructed in association with development of
these pads.
The Agreement proposes a 50/50 sharing of sales tax generated from Hobby
Lobby. Mr. Shovlin provided staff with gross sales figure estimates for the
proposed store, which has resulted in the following:
% Tax Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
Total Sales Tax Revenue
$139,100 $282,373 $429,944 $581,943 $738,501 $899,756
Shovlin Share 50%
$69,550 $141,187 $214,972 $290,971 $369,250 $449,878
City Share 50%
$69,550 $141,187 $214,972 $290,971 $369,250 $449,878
Based upon this information, it is estimated that Mr. Shovlin would receive the
$400,000 reimbursement in approximately 5½ years. The Agreement includes a
maximum term of 6 years.
The largest improvement item listed involves the Adams Street and Corporate
Center Drive signal (total cost of $170,000). This signal was originally represented
without a connection serving the Center. However, conversation with Mr. Shovlin
resulted in amending the plans to provide this access, which includes the need to
establish an easement for the future access. Staff believes this connection will
provide a safer access for the Center as well as improving general circulation in the
area. Access and improvements for this connection adds approximately $150,000
to the project cost. In an effort to address this additional expense, a cost sharing
proposal is proposed.
ALTERNATIVES:
Council may choose to discuss and incorporate any adjustments deemed
appropriate in order to approve the proposed request.
Report prepared by: Les Johnson, Community Development Director
Report approved for submission by: Frank J. Spevacek, City Manager
Attachments: 1. Map of 111 La Quinta Center
2. Preliminary Design for Adams and Corporate Center
Signal
465
466
RESOLUTION NO. 2014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA APPROVING A SALES TAX SHARING AGREEMENT
BETWEEN THE CITY AND ONE ELEVEN LA QUINTA, LLC.
WHEREAS, the City desires to support high quality and
vibrant and economically healthy commercial activity in the City and particularly
within the Highway 111 retail corridor; and
WHEREAS, supporting such development will generate additional commerce
and economic development in accordance with the goals, policies and programs of
the La Quinta General Plan; and
WHEREAS, the City Council has established economic development goals
and identified actions focused upon exploring new opportunities to forge
public/private partnerships that ultimately produce General Fund revenue; and
WHEREAS, the City Council has approved parameter for a sales tax revenue
sharing plan recognizing the importance of encouraging new investment in
infrastructure and other certain improvements intended to ultimately enhance
revenue generation and job creation within the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta as follows:
SECTION 1. That the above recitals are true and correct and incorporated herein.
SECTION 2. That the City Council of the City of La Quinta hereby finds and
determines that the Agreement is in the best interests of the citizens of the City of
La Quinta.
SECTION 3. The Agreement, a copy of which is on file with the City Clerk and
attached as Exhibit A, is hereby approved. The City Council authorizes and directs
the City Manager and City Attorney to make any final modifications to the
Agreement that are consistent with the substantive terms of the Agreement
approved hereby, and to thereafter sign the Agreement on behalf of the City.
SECTION 4. The City Council authorizes and directs the City Manager to take any
further actions, as may be necessary and proper to carry out the terms of the
Agreement.
467
Resolution No.
Sales Tax Sharing Agreement Shovlin
Adopted: August 5, 2014
Page 2
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of La Quinta held this 5th day of August, 2014, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
_____________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
_____________________________________
, City Attorney
WILLIAM H. IHRKE
City of La Quinta, California
468
AGREEMENT TO ENTER INTO COVENANT TO
OPERATE AND TO PAY COMPENSATION BASED ON
SALES TAX REVENUE
(One Eleven La Quinta, LLC)
This AGREEMENT TO ENTER INTO COVENANT TO OPERATE AND TO PAY
is entered into this ____ day of ___________, 2014, by and between the CITY OF LA QUINTA,
a
LLC, a California
R E C I T A L S
A. The 111 La Quinta Center is a large commercial/retail site that consists of
approximately 60 acres bounded by Washington Street, Highway 111, Adams Street and the
Whitewater Channel . The Specific Plan for the Center provides that there will be
approximately 617,000 square feet of retail space when built out. As of the date of this
Agreement, approximately 485,000 square feet of retail space currently exists. Several
prominent businesses are located at the Center, such as Stater Bros., Staples, Big 5, AAA, Petco,
Ross,. Though the majority of the Center is built out, a few building pad locations
remain undeveloped.
B. Owner/Developer is the owner in fee of a majority of the Center, including that
certain developable pad of raw land generally located north of Highway 111 and west of Adams
Street, more particularly identified as Parcel 4 of Parcel Map 36531 attached hereto as Exhibit
and incorporated herein by
the City, Owner/Developer has arranged for the development and use of the Site by Hobby
Lobby, an arts and craft supply retailer HobbyL
Covenant), provided Owner/Developer (or a permitted assignee or successor in interest) obtains
the necessary governmental permits and approvals from all governmental agencies with
jurisdiction, including the City.
C. Owner/Developer has requested $400,000 in economic development assistance
from the City. This funding would be used to make certain improvements to the Center that will
assist in the ability to attract new and maintain existing retail businesses, that will assist the
Owner/Developer with the construction or facilitating the construction of the remaining
undeveloped pads, and that will assist the Owner/Developer to improve and use currently vacant
commercial space at the Center, all as more particularly set forth in this Agreement.
D. In consideration of O
(as defined herein below
into the Covenant for the purpose of making certain periodic payments to the Owner/Developer
in an amount equal to a portion of the Sales Tax (as defined in the Covenant described below)
698/015610-0002
7287969.1 a07/31/14
469
generated by the Hobby Lobby Retail Use on the Site, subject to and in accordance with the
Covenants, Conditions, and Restrictions Affecting Interests in Real Property attached hereto as
Exhibit
conditions set forth herein as a condition to its effectiveness are satisfied. The Parties
of Sales Tax under the Covenant are to be calculated by reference only to the Sales Tax
generated by the Hobby Lobby Retail Use on the Site and shall not include the Sales Tax from
any other use or property located in the Center or elsewhere in the City.
E. By its approval of this Agreement, the City Council of City has found and
determined as follows: (i) that, notwithstanding any other provision set forth in this Agreement
this Agreement shall not constitute a prejudgment or pre-commitment by the City with respect to
any of the discretionary City permits and approvals that may be required for the Hobby Lobby
Retail Use at the Site, including without limitation any General Plan or Specific Plan
grading, building, or use and occupancy permit, and the environmental reviews and approvals in
conjunction with the foregoing that may be required to accommodate the proposed uses on and
occupant of the Site, and the City reserves its full and unfettered discretion with respect thereto
to the same extent it would have such discretion in the absence of this Agreement; (ii) subject to
theforegoing, the City recognizes that the City payments provided for in the Covenant are
necessary in order to make the improvement of the Site and contemplated improvements to the
Center, as more particularly described in this Agreement, financially feasible; (iii) the value to
fiscal year during which City payments are to be made (in terms of economic revitalization,
generation of additional local tax revenues that will help to fund vital public services, provision
of expanded and more accessible retail and shopping opportunities for the residents of the City,
and job growth and retention) will be not less than the amount of such payments; and (iv) that the
imposition of the covenants and use restrictions upon the Site pursuant to the Covenant in
exchange for the payments to be made by the City constitutes a valid public purpose, including
but not limited to furtherance of economic development as expressly permitted by state law.
C O V E N A N T S
Based upon the foregoing Recitals, which are incorporated herein by this reference, and
for other good and valuable consideration, the receipt and sufficiency of which is acknowledged
by both Parties, the City and Owner/Developer hereby agree as follows:
1.Defined Terms. Any capitalized terms contained in this Agreement, which are
not defined in this Agreement, shall have the meanings ascribed to such terms in the Covenant.
2.Representations and Warranties. Owner/Developer represents and warrants the
following: (a) Owner/Developer has entered into an agreement for the construction and use of
theSite by Hobby L
valid and binding, (b) the Hobby Lobby Facility to be constructed and used on the Site is a new
698/015610-0002
-2-
7287969.1 a07/31/14
470
store and is not a store relocated from another city or unincorporated territory,
(c) Owner/Developer is not relocating, and shall not relocate, a big box retailer to the Site, within
the meaning of California Government Code section 53084, (d) Owner/Developer shall identify
theSite as the point-of-sale for any and all sales and use tax generated from the Site in
compliance with all applicable state laws, including Government Code section 53084.5, and (e)
the individual executing this Agreement and Covenant on behalf of Owner/Developer has the
authority to enter into this Agreement and create a binding and enforceable obligation of
Owner/Developer, and said individual has obtained any and all necessary authorizations and
terms and conditions in this Agreement.
3.Execution and Recordation of Covenant. Within ten (10) days after the later to
Owner/Developer shall fill in the blanks, date, and execute the Covenant in recordable form and
Owner/Developer shall record in the Official Records for Riverside County, California
Covenant to the City: (i) the date on which the City and any other applicable government agency
issues all use and occupancy permits necessary for Owner/Developer to use and operate the Site
for the Hobby Lobby Retail Use, excluding those permits which by their nature cannot be issued
without the progress or completion of construction including, without limitation, any demolition
permit, grading permit, encroachment permit for work or improvements to occur within public
rights-of-way, foundation permit, building permit, and similar ministerial or administrative
permits; or (ii) the expiration of any periods for challenge of, or appeal from, all of the foregoing
and the absence of any such challenge, appeal or the successful resolution thereof in favor of the
City and Owner/Developer. These Covenant Conditions are for the benefit of both the City and
Owner/Developer. The City agrees to cooperate in the recordation of the Covenant against the
Site at no cost to City, and the City Manager or his designee is hereby authorized on behalf of
City to execute all documents and take all actions necessary or appropriate to implement this
Agreement; provided, however, that in no event shall such date of recordation be later than the
date the Hobby Lobby Facility opens for business.
4.Termination of Agreement. If the Covenant Conditions are not satisfied on or
before June 30, 2015, or such later deadline as may be mutually approved in writing prior to that
date by City and Owner/Developer, this Agreement shall automatically terminate and be of no
further force or effect at such time without the requirement of any further notice or action by
either Party, and thereafter neither Party shall have any further rights or obligations hereunder.
5.Covenant
and obligations of the Parties shall be as set forth in the Covenant, and the Covenant shall
supersede this Agreement.
6.Assignment. The rights and benefits of this Agreement and Covenant are
personal to Owner/Developer and its Corporate Successors (as defined below), which shall be
the only permitted Owner/Developer assignees and successors-in-interest of this Agreement.
Owner/Developer shall not assign, hypothecate, encumber, or otherwise transfer, voluntarily,
involuntarily or by operation of law, its rights and obligations set forth in this Agreement to any
698/015610-0002
-3-
7287969.1 a07/31/14
471
consent, which consent the City may grant or withhold in its sole and absolute discretion. The
l have the same meaning set forth in the Covenant.
7.Cooperation in the Event of Legal Challenge; Validation Action. In the event that
any third party files an action seeking to invalidate this Agreement or the Covenant or seeking
any equitable remedy that would prevent the full performance hereof or thereof, the City and
Owner/Developer agree to cooperate in the defense of such action. Owner/Developer shall pay
provided in Section 8, and the City shall have the sole right to select its legal counsel; provided,
however, that such obligation to indemnify and pay costs and expenses shall terminate if
Owner/Developer elects in a written notice delivered to the City to terminate the Covenant rather
than to oppose such challenge. Such cooperation shall include, without limitation: (i) an
agreement by each Party not to default or allow a compromise of said action without the prior
written consent of the other Party; (ii) an agreement by each Party to make available to the other
Party all non-privileged information necessary or appropriate to conduct the defense of the
action; and (iii) an agreement by each Party to make available to the other Party, without charge,
any witnesses within the control of the first Party upon reasonable notice who may be called
upon to execute declarations or testify in said action.
In addition to the foregoing, if Owner/Developer delivers a written request for such
action to City (c/o the City (5) days after the date the City
Council of City approves this Agreement at a public meeting, City shall file an action in
Riverside County Superior Court pursuant to California Code of Civil Procedure Section 860 et
seq. to validate this Agreement and the Covenant and each and every one of its and their
provisions. In such event, City and Owner/Developer shall reasonably cooperate in drafting the
complaint, briefs, the proposed judgment of validation, and such other pleadings, documents, and
filings as may be required or desirable in connection with the validation action. City and its legal
counsel shall file and prosecute the validation action, but shall reasonably coordinate and
cooperate with Owner/Developer concerning the drafting of pleadings and other documents and
with regard to the litigation strategy to be employed. Owner/Developer shall reimburse City
action.
any), costs of publication and to effectuate service of process, reasonable photocopying and other
reproduction charges, travel time and mileage expenses, and other costs and expenses reasonably
incurred by City. In the event of an appeal of such action, the Parties shall cooperate with
respect to the appeal to the same extent as at the Superior Court level of the proceedings.
Upon the entry of a final non-appealable judgment of any court with jurisdiction
invalidating or enjoining the performance of any material covenant set forth in this Agreement or
the Covenant, this Agreement and the Covenant shall automatically terminate without the need
of further notice or action by either Party.
8.Indemnification of City. Owner/Developer shall defend, indemnify, assume all
employees and agents, harmless from any and all claims, demands, damages, defense costs or
than those damages caused by the breach of the Agreement by City or by the gross negligence or
698/015610-0002
-4-
7287969.1 a07/31/14
472
representatives, officers, employees and agents) including, but
construction and development of the Site; provided, however, that such obligation shall lapse as
provided in Section 7 above if Owner/Developer elects not to oppose a challenge to the
Covenant. Owner/Developer shall be solely responsible for determining and effectuating
compliance with prevailing wage laws, and the City makes no representation as to the
applicability or non-applicability of any of such laws to the development and construction of the
Site or any part thereof. Owner/Developer hereby expressly acknowledges and agrees that the
City has not previously affirmatively represented to Owner/Developer or its contractor(s), in
writing or otherwise, in a call for bids or otherwise, that the development or construction of the
Hobby Lobby
Code.
9.Integration and Amendment. This Agreement and the Covenant attached hereto
constitute the entire Agreement by and between the Parties pertaining to the subject matter
hereof, and supersede all prior agreements and understandings of the Parties with respect thereto.
This Agreement may not be modified, amended, or otherwise changed except by a writing
executed by the Parties.
10.Notices. Notices to be given by City or Owner/Developer hereunder may be
delivered personally or may be delivered by certified mail or by reputable overnight delivery
service providing a delivery confirmation receipt, with mailed notices to be addressed to the
appropriate address(es) hereinafter set forth or to such other address(es) that a Party may
hereafter designate by written notice. If served by overnight delivery service or certified mail,
service will be considered completed and binding on the Party served on the date set forth in the
confirmation or certification receipt.
If notice is to City: City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
Attention: City Manager
with a copy to: Rutan & Tucker, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, CA 92626
Attention: William H. Ihrke, Esq.
If to Owner/Developer: One Eleven La Quinta, LLC
71084 Tamarisk Lane
Rancho Mirage, CA 92270
Attention: Mr. Michael Shovlin
11.Counterparts. This Agreement may be executed in two or more counterparts,
each of which when so executed and delivered shall be deemed an original and all of which,
when taken together, shall constitute one and the same instrument.
698/015610-0002
-5-
7287969.1 a07/31/14
473
\[signatures on next page\]
698/015610-0002
-6-
7287969.1 a07/31/14
474
IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of
the date first set forth above.
CITY OF LA QUINTA,
a California municipal corporation
By:
Frank Spevacek
City Manager
ATTEST:
___________________________________
City Clerk
APPROVED AS TO FORM:
By: ________________________________
City Attorney
ONE ELEVEN LA QUINTA, LLC,
a California limited liability company
By:
Michael Shovlin
Manager
698/015610-0002
-7-
7287969.1 a07/31/14
475
TO AGREEMENT
DESCRIPTION OF SITE
\[Attached\]
698/015610-0002
7287969.1 a07/31/14
476
\[INSERT LEGAL DESCRIPTION AND/OR DEPICTION OF SITE SHOWING HOBBY
LOBBY SITE\]
698/015610-0002
-2-
7287969.1 a07/31/14
477
TO AGREEMENT
FORM OF COVENANT
\[Attached\]
698/015610-0002
7287969.1 a07/31/14
478
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
Attention: City Manager
\[Space above for recorder.\]
(Exempt from Recordation Fee per Gov. Code § 27383)
COVENANTS, CONDITIONS, AND RESTRICTIONS
AFFECTING INTERESTS IN REAL PROPERTY
This COVENANTS, CONDITIONS, AND RESTRICTIONS AFFECTING INTERESTS
200__, by and between the CITY OF LA QUINTA, a California charter city and municipal
, a California limited liability
R E C I T A L S
A. The 111 La Quinta Center is a large commercial/retail site that consists of
approximately 60 acres bounded by Washington Street, Highway 111, Adams Street and the
Whitewater Channel . The Specific Plan for the Center provides that there will be
approximately 617,000 square feet of retail space when built out. As of the date of this
Agreement, approximately 485,000 square feet of retail space currently exists. Several
prominent businesses are located at the Center, such as Stater Bros., Staples, Big 5, AAA, Petco,
Ross,. Though the majority of the Center is built out, a few building pad locations
remain undeveloped.
B. Owner/Developer is the owner in fee of a majority of the Center, including certain
developable pad of raw land generally located north of Highway 111 and west of Adams Street,
more particularly identified as Parcel 4 of Parcel Map 36531 attached hereto as Exhibit and
Owner/Developer has arranged for the development and use of the Site by Hobby Lobby, an arts
and craft supply retailer that generates Sales Tax, provided Owner/Developer (or a permitted
assignee or successor in interest) obtains the necessary governmental permits and approvals from
all governmental agencies with jurisdiction, including the City.
698/015610-0002
7287969.1 a07/31/14
479
C. On or about _________________, 2014, the City and Owner/Developer entered
izing the recordation of this Covenant against the Site upon the timely
D. As set forth in the Agreement, the Owner/Developer requested $400,000 in
economic development assistance from the City.This funding would be used to make certain
improvements to the Center that will assist in the ability to attract new and maintain existing
retail businesses, that will assist the Owner/Developer with the construction or facilitating the
construction of the remaining undeveloped pads, and that will assist the Owner/Developer to
improve and use currently vacant commercial space at the Center, all as more particularly set
forth in this Covenant and the Agreement.
E. Subject to the terms and conditions hereof and of the Entitlements (defined
below), Owner/Developer has agreed to develop the Site for the Hobby Lobby Facility and use
and operate the Site for the Hobby Lobby Retail Use, as more particularly set forth in this
Covenant .
F. In consideration for Ow
certain payments to Owner/Developer, the amount of which is measured by the Sales Tax
generated by the Hobby Lobby Retail Use on the Site. The City and Owner/Developer have
agreed that the amounts required to be paid by the City to Owner/Developer hereunder during
each Quarter of the Operating Period provided for herein is a fair exchange for the consideration
to be furnished by Owner/Developer to City in that Quarter.
G. Owner/Developer represents and warrants that (i) Owner/Developer has entered
into an agreement for the construction and use of the Site by Hobby Lobby, and, to the best of
owledge, such agreement is valid and binding, (ii) the Hobby Lobby
Facility to be constructed and used on the Site is a new store and is not a store relocated from
another city or unincorporated territory, (iii) Owner/Developer is not relocating, and shall not
relocate, a big box retailer to the Site, within the meaning of California Government Code
section 53084, (iv) Owner/Developer shall identify the Site as the point-of-sale for any and all
Sales Tax generated from the Site in compliance with all applicable state laws, including
Government Code section 53084.5, and (v) the individual executing this Covenant on behalf of
Owner/Developer has the authority to enter into this Covenant and create a binding and
enforceable obligation of Owner/Developer, and said individual has obtained any and all
Owner/Developer to be bound under the terms and conditions in this Covenant.
C O V E N A N T S
Based upon the foregoing Recitals, which are incorporated herein by this reference and
are acknowledged by the Parties as true and correct, and for other good and valuable
698/015610-0002
-2-
7287969.1 a07/31/14
480
consideration, the receipt and sufficiency of which is acknowledged by both Parties, the City and
Owner/Developer hereby agree as follows:
1.DEFINED TERMS.
The following terms when used in this Covenant shall have the meanings set forth below:
The a large commercial/retail site
that consists of approximately 60 acres bounded by Washington Street, Highway 111, Adams
Street and the Whitewater Channel in the City.
2 of this
Covenant.
liability company or corporation authorized to conduct business in the State of California) that is
wholly owned by, controlled by, or under common control with Owner/Developer or Michael
Shovlin, or both.
Owner/Developer with respect to each Quarter of the Operating Period.
cribed in
Section 4.1.1(b) of this Covenant.
the two Parties to sign, which date shall be inserted in the preamble to this Covenant.
approvals (including all conditions of approval therein) required to authorize construction, use,
and operation of the Hobby Lobby Facility on the Site, as the same may be amended from time
to time.
ends on the next succeeding June 30.
The
doing business as and generally known and marketeobby,
which engages in retail sales and operations open to the general public that produce Sales Tax
698/015610-0002
-3-
7287969.1 a07/31/14
481
revenues, whether the company is in the form of a closely held corporation, publicly traded
corporation, limited liability company, or other entity.
Hobby Lcility for retail sales for Hobby Lobby
located on the Site, containing not less than 50,000 square feet of building area and operating
under the Hobby Lobby name.
he use and operation of the Hobby
Lobby Facility for the marketing and sale of arts and crafts (and all other merchandise and
taxable goods and services) to the general public.
less than 50,000 square feet of building area on the
Site to be open to the public and Hobby L
business hours except for such reasonable interruptions as may be incidental to the conduct of
Hobby L
riod between the Commencement Date and
the Termination Date.
defined in Section 6.6) and such period or periods aggregating up to not more than one (1) year
associated with any renovation of the Site.
commencing July 1, October 1, January 1, or April 1, or (ii) the quarterly or other periods used
by the State Board of Equalization (SBE) in calculating or making Sales Tax payments to City, if
ve the meaning ascribed in Section 5.1(b) of this
Covenant.
Operating Period, that portion of sales and use taxes allocated, paid to, and received by City from
the imposition of the Bradley-Burns Uniform Sales and Use Tax Law (commencing with Section
7200 of the California Revenue and Taxation Code) and the Sales and Use Tax Law
(commencing with Section 6000 of the California Revenue and Taxation Code), or any successor
law or amendments thereto, that arises from taxable sales and lease transactions generated by the
Hobby Lobby
include (i) the portion of sales or use taxes attributable to the Hobby Lobby Facility on the Site
that are retained by the State Board of Equalization as an administrative, processing, or handling
charge (calculated at the same percentage of gross revenues as is applicable City-wide); (ii) the
portion of such revenues which in future years may be allocated and paid to City but which is
restricted by law (but not contract) by an entity other than City (and binding upon City) to be
used for specific uses (other than the uses provided for in this Covenant including without
limitation disaster relief, transportation improvements, or otherwise); or (iii) any Sales Tax that
may be generated from other retail sources at the Center other than a sale generated from the
698/015610-0002
-4-
7287969.1 a07/31/14
482
Hobby Lobby given quarter shall also include
any sums allocated, paid to and received by the City in substitution for Sales Taxes or otherwise
by reference to taxable sales generated by the Hobby Lobby Facility (and not excluded under
classes (i) through (iii) above) including without limitation other funds actually received by the
City pursuant to legislation such as, but not limited to, Revenue and Taxation Code
section 97.68, enacted expressly as a substitute for sales tax revenues in order to reimburse the
City for sales tax revenues losses resulting from decreases in the 1% rate of sales tax.
Owner/Developer or caused to be prepared at the direction of Owner/Developer and submitted to
the SBE and City identifying the portion of Sales Tax generated by the Hobby Lobby Facility on
the Site during the previous Quarter as a result of taxable sales transactions, as provided in
Section 4.3of this Covenant.
lifornia State Board of Equalization or successor
agency with the responsibility of collecting and administering the distribution and payment to the
City of Sales Tax.
B of this Covenant.
The ter
five and one-half (5 ½) years following the Commencement Date, unless continued pursuant to
Section 4.1.1(d), in which case such date may be up to but not more than six (6) years following
theCommencement Date; (ii) the date that the Covenant Payments Cap Amount is paid in full;
or (iii) the date on which this Covenant is terminated pursuant to Sections 5.2 or 5.3, as
applicable.
2.CEIVE PAYMENTS.
2.1Opening Date; Commencement Date. As a condition precedent to
cause and allow to be opened the Hobby Lobby Facility to be opened for business to the public
-Hobby Lobby Retail Use, all in
the general public, Hobby Lobbyy). The day on which
pursuant to Section 4 of this Covenant shall commence.
2.2Outside Date. Notwithstanding any other provision set forth in this Covenant to
the contrary, and subject to extension for events of force majeure as provided in Section 6.6, if
the condition set forth in the first sentence of the preceding paragraph is not satisfied on or
before the date that is eighteen (18) months after the issuance of the first building permit for the
Hobby Lobby Facility project, either Owner/Developer or City may terminate this Covenant by
delivery of written notice of termination to the other Party and, in such event, neither Party shall
have any further rights against or obligations to the other Party arising out of this Covenant.
698/015610-0002
-5-
7287969.1 a07/31/14
483
2.3Operating Condition. If Owner/Developer, or Permitted Assigns, ceases to own
the Site and/or ceases to allow for the use and operation of the Site for the Hobby Lobby Facility
in furtherance of the Hobby Lobby Retail Use, other than by reason of a Permitted Closure, then
this Covenant shall terminate as of the date such event occurs (other than by reason of a
Permitted Closure), and no further payments shall be due under Section 4.1 below by reference
to Sales Tax generated in any Quarters after such date.
3.
3.1Continuous Operation; Site As Point of Sale. If the Hobby Lobby Facility opens
pursuant to Sections 2.1 and 2.2 of this Covenant, then, from and after the Commencement Date,
Owner/Developer shall continuously use and operate, or shall cause and allow for the continuous
use and operation of, the Hobby Lobby Facility on the Site for the Hobby Lobby Retail Uses
during normal business hours (except for Permitted Closures) during the entire Operating Period.
Owner/Developer shall cause and allow for the Hobby Lobby Facility to operate with inventory
and sales personnel sufficient to satisfy and respond to customer demand. To the maximum
extent permitted by law, and in compliance with Government Code section 53084.5,
Owner/Developer shall designate or shall cause Hobby Lobby to designate the Site on its Sales
Tax Statements as the point-of-sale for all sales transactions arising out of or generated from the
business conducted on the Site. In addition, Owner shall exercise commercially reasonable
diligence in an effort to cause financing companies to designate the Site (and the City of La
Quinta) on reports they are required to file with the SBE as the situs of the financing of any
goods where the transaction is generated from the Site.
3.2Use Restriction. During the entire Operating Period, the Site shall be the Hobby
Lobby Facility for the Hobby Lobby Retail Use and for no other purpose, in compliance with the
ensure that the Site shall not be put to any use other than the intended and approved use and
operation as the Hobby Lobby Facility in furtherance of the Hobby Lobby Retail Use.
3.3Maintenance and Repair of Site; Landscaping. During the entire Operating
Period, Owner/Developer at its sole cost and expense shall maintain, or shall cause the
maintenance of, the Site and the improvements thereon and all facilities appurtenant thereto in
first class condition (as judged by other developments of similar quality located in Palm Desert,
Palm Springs, Rancho Mirage, Indian Wells or La Quinta) and repair and free from
accumulations of debris, weeds, graffiti, and waste materials, with landscaping in a healthy
the Entitlements and applicable provis
Owner/Developer shall not abandon, or allow for the abandonment of, any portion of the Site or
leave the Site unguarded or unprotected, and shall not otherwise act or fail to act in such a way as
to u
interest set forth in this Covenant. During the entire Operating Period, Owner/Developer at its
sole cost and expense shall maintain, or cause the maintenance of, the landscaping on the Site in
Code.
698/015610-0002
-6-
7287969.1 a07/31/14
484
3.4Compliance with Laws. During the entire Operating Period, Owner/Developer
shall construct, use and operate, or shall cause and allow for the construction, use, and operation
of, the Hobby Lobby Facility on the Site in conformity with all applicable federal, state
(including without limitation the California Civil Code, the California Government Code, the
California Health and Safety Code, the California Labor Code, the California Public Resources
Code, and the California Revenue and Taxation Code), and local laws, ordinances, and
regulations (including without limitation City standards relating to the placement of storage
containers); provided, however, that Owner/Developer does not waive its right to challenge the
validity or applicability thereof to Owner/Developer or the Site; provided further, however, that
nothing in the preceding clause (sentence) does or shall be deemed to relieve or release
Owner/Developer of its obligations set forth in this Covenant by Owner/Developer delegating
any obligation to Hobby Lobby or any other third party, by written or oral agreement or
otherwise, to which the City is not a party or to which the City has not expressly agreed to such
Covenant.
3.5Non-Discrimination. Owner/Developer agrees not to violate applicable laws that
prohibit discrimination against any person or class of persons by reason of gender, marital status,
race, color, creed, mental or physical disability, religion, age, ancestry, or national origin.
3.6Indemnification of City. Owner/Developer shall defend, indemnify, assume all
responsibilit
employees and agents, harmless from any and all claims, demands, damages, defense costs or
ownership of the Site, or from the allowance for the use and operation of the Site, or which may
be caused by any acts or omissions of the Owner/Developer under this Covenant, whether such
activities or performance thereof be by Owner/Developer or by anyone directly or indirectly
employed or contracted with by Owner/Developer, including Hobby Lobby, and whether such
damage shall accrue or be discovered before or after termination of this Covenant, including, but
ailure to pay, if required, prevailing wages on the
construction and development of the Hobby Lobby Facility. Owner/Developer shall be solely
responsible for determining and effectuating compliance with prevailing wage laws, and the City
makes no representation as to the applicability or non-applicability of any of such laws to the
development and construction of the Hobby Lobby Facility or any part thereof. Owner hereby
expressly acknowledges and agrees that the City has not previously affirmatively represented to
Owner/Developer or its contractor(s), in writing or otherwise, in a call for bids or otherwise, that
the development or construction of the Hobby Lobby
as defined in Section 1720 of the Labor Code.
3.7Use of Covenant Payments.
3.7.1Amounts for Specific Improvements at the Center. For any and all
Covenant Payments received by the Owner/Developer pursuant to Section 4.1.1 of this
Covenant, Owner/Developer shall use the received Covenant Payments according to the
following:
698/015610-0002
-7-
7287969.1 a07/31/14
485
(a)One Hundred Fifty Thousand Dollars ($150,000) shall be used for
pedestrian walkway improvements associated with the construction of the Hobby Lobby Facility
and adjacent developable pad sites to improve pedestrian connectivity and flow at the Center.
(b)One Hundred Twenty Thousand Dollars ($120,000) shall be used
for the acquisition by Owner/Developer of an easement or other appropriate interest in real
property necessary or appropriate for the installation and use of a traffic signal and access to the
Center from the intersection of Adams Street and Corporate Center Drive in the City.
(c)Fifty Thousand Dollars ($50,000) shall be used for on-site
improvements at the Center associated with the installation and use of a traffic signal at the
intersection of Adams Street and Corporate Center Drive in the City.
(d)Fifty Five Thousand Dollars ($55,000) shall be used for future
signage and aesthetic improvements for the benefit of the Center and its economic development.
(e)Twenty Five Thousand Dollars ($25,000) shall be used for
remaining landscaping improvements at the Center.
3.7.2Owner/Developer Obligation to Keep Records for Covenant Payments.
Owner/Developer shall keep and maintain, commencing on the Commencement Date and ending
on the date that is one year after the Termination Date, financial books and records of all
Covenant Payments received by Owner/Developer under this Covenant, and the use set forth in
Section 3.7.1 of this Covenant to which the received Covenant Payments were used. The City
shallhave t
Section 4.1.4 of this Covenant. If the City has evidence and, based thereon, the City reasonably
suspects that there has been an improper use by Owner/Developer of received Covenant
Payments, the City may, in its reasonable discretion, require Owner/Developer to undergo an
audit of it books and records to verify the receipt and use of the received Covenant Payments.
Any audit performed pursuant to this section shall be completed by an independent auditor or
accountant licensed to conduct such an audit in the State of California, and the costs of any such
audit shall be split equally (50%/50%) by Owner/Developer and City unless, after the completion
of the audit, the evidence shows willful misconduct or gross negligence by Owner/Developer
with the ultimate use of the received Covenant Payments, in which case Owner/Developer shall
pay all costs (100%) of any such audit.
3.7.3Allocation of Covenant Payments if Cap Amount Not Reached. If the
Covenant Payments Cap Amount is not reached pursuant to subdivision (b), (c), or (d) of Section
4.1.1 of this Covenant, Owner/Developer shall use its best efforts to use the received Covenant
Payments on a pro-rated, proportionate amount based on the amounts and uses identified in
subdivisions (a)-(e) of Section 3.7.1 above; provided, however, that Owner/Developer shall not
be in default of this Covenant for failure to use the received Covenant Payments on such a pro-
rated, proportionate amount as set forth in this section as long as Owner/Developer has not
exceeded the amount identified for the corresponding use set forth in subdivisions (a)-(e) of
Section 3.7.1 above.
698/015610-0002
-8-
7287969.1 a07/31/14
486
4.OBLIGATIONS OF CITY.
4.1Covenant Payments to Owner/Developer.
4.1.1Amount of Covenant Payments; Cap. In consideration for
Covenant Payments to Owner after the end of each Quarter (or part thereof) during the Operating
Period:
(a)Subject to Section 4.1.3 and subparagraphs (b)-(d) of this section
below, the Covenant Payments with respect to each Quarter shall be in an amount equal to fifty
percent (50%) of the Sales Tax for that Quarter generated by the Hobby Lobby Retail Use in the
Hobby Lobby Facility on the Site, except that in the Quarter during which the Termination Date
occurs, the Covenant Payments shall be prorated such that City shall only pay to Owner 50% of
Sales Tax for the period between the first day of such Quarter and the Termination Date.
(b)Notwithstanding any other provision set forth in this Covenant to
the contrary, in no event shall the total amount of Covenant Payments made by City to
Owner/Developer exceed the
Period and are not repayments of a loan. Upon payment of the Covenant Payments Cap Amount
by the City to Owner/Developer, the City shall have no further obligation to make any Covenant
Payments pursuant to Section 4.1.1(a) above.
(c)Notwithstanding any other provision set forth in this Covenant to
the contrary, even in the event the Covenant Payments Cap Amount has not been reached at the
end of the Operating Period, City shall have no further obligation after that time to make
additional Covenant Payments.
(d)In the event that the Covenant Payments Cap Amount is not
reached by the date that is five and one-half (5 ½) years following the Commencement Date and
provided that this Covenant has not been otherwise terminated and provided further that the
Owner/Developer is not in default under this Covenant, then this Covenant (and the Parties
obligations hereunder) shall continue for an additional six (6) month period until the Covenant
Payments Cap Amount is reached, but in no event shall the total duration of this Covenant
exceed six (6) years from the Commencement Date.
4.1.2Source of Payments. The Covenant Payments shall be payable from any
understood and agreed that the Sales Tax that is generated from the Hobby Lobby Facility on the
Site is being used merely as a measure of the amount of the Covenant Payments that are
periodically owing by City to Owner/Developer, and that City is not pledging any portion of the
Sales Tax generated from the Site to Owner/Developer.
4.1.3Payment Procedure. Subject to the terms and conditions of this Covenant,
not later than thirty (30) days after the Sales Tax for the Hobby Lobby Facility on the Site is
698/015610-0002
-9-
7287969.1 a07/31/14
487
remitted to the City by the SBE for a Quarter during the Operating Period, the City shall pay the
Covenant Payment for said Quarter, or portion thereof, to Owner/Developer. Each such payment
shall be accompanied by a statement identifying (i) the amount of Sales Tax upon which the
Covenant Payment amount was calculated, and (ii) a cumulative total comparing the amount of a
Covenant Payment being paid, together with all prior Covenant Payments, with the Covenant
Payment Cap Amount.
ed upon the amount
of Sales Tax that the City actually received from the SBE within fifteen (15) days prior to the
applicable payment date. If the City cannot confirm receipt of Sales Tax revenues from the
Hobby Lobby Facility prior to that date, after and despite its exercise of reasonable diligence to
confirm such receipt, the City shall have no obligation to make a payment to Owner/Developer
for that Quarter unless and until the City confirms that it did receive Sales Tax revenues from the
Hobby Lobby Facility. If and to the extent the City is able to confirm the receipt of such Sales
Tax revenue, the City shall pay Owner/Developer its share of that Sales Tax revenue for that
Quarter in the next succeeding payment cycle required to be made by the City to
Owner/Developer pursuant to this Section 4.1.3.
If, after any such quarterly payment is made, either the City or Owner/Developer obtains
shall promptly notify the other Party and shall provide such detailed information as may be
necessary to explain the discrepancy. The discrepancy shall be accounted for by means of an
adjustment to the next quarterly payment to be made by the City (either an additional payment in
the event City has underpaid a prior Covenant Payment that is due, or a credit against the
subsequent Covenant Payment in the event City has overpaid); provided, however, that in the
event an adjustment needs to be made in excess of Ten Thousand Dollars ($10,000), the Party
entitled to said sum shall be entitled to deliver a written notice to the other Party requesting an
immediate adjustment and in such event the other Party shall make an appropriate payment
within fifteen (15) days from receipt of said notice.
4.1.4Books and Records. Upon the written request of either Party, the other
Party shall make available for inspection (at City Hall in the event of a review of City records
books and records as the requesting Party may reasonably determine must be reviewed in order
determine whether the correct amount of Covenant Payments have been made or are being made
hereunder. Notwithstanding the foregoing, the City shall not be required to produce any books
or records that, by applicable law, the City is permitted to withhold from disclosure or prohibited
from producing, and Owner shall not be required to produce information that violates the
statutorily prescribed privacy rights of individual customers.
4.1.5No Acceleration; Prepayment Permitted. It is acknowledged by the
Parties that any payments by City provided for in this Covenant are in consideration for the
performance by Owner during the time period(s) for whi
hereunder shall not cause the acceleration of any anticipated future Covenant Payments by City
to Owner. The City shall be permitted to prepay any of the Covenant Payments at any time
without penalty; provided, however, that such prepayment shall be refunded by
698/015610-0002
-10-
7287969.1 a07/31/14
488
Owner/Developer to the City if Owner/Developer fails to continue to perform or Defaults under
this Covenant during
4.2. In addition to the
Payments pursuant to Section 4.1 of this Covenant for any Quarter during the Operating Period
Section 3 of this Covenant during such Quarter.
4.3Provision of Sales Tax Statements to City. Upon the written request of City,
Owner/Developer shall deliver to City, and shall cause Hobby Lobby to deliver to the City, true
and correct copies of all reports that Owner/Developer and Hobby Lobby files with the SBE with
regard to taxable sales transactions occurring on, generated from and with respect to the Hobby
Lobby Retail Use, Hobby Lobby
reports shall be delivered to City within ten event that
there is any private business or customer information on the Sales Tax Statement that is not
reasonably necessary to enable City to verify the accuracy thereof for purposes of performing its
obligations and enforcing its rights set forth in this Covenant, Owner shall be permitted to redact
such information from the copy of the document provided to City.
5.DEFAULTS AND REMEDIES.
5.1Defaults.
(a)Subject to Force Majeure (Section 6.6), the occurrence of any of
the following shall constitute a Default:
(i)Subject to permitted delays for nonpayment set forth in this
Covenant, the failure by either Party to perform any obligation of such Party for the payment of
money under this Covenant if such failure is not cured within fifteen (15) calendar days after the
nonperforming Party
performed when due; or
(ii)The failure by either Party to perform any of its obligations
(other than obligations described in clause (i) of this Section 5.1) set forth in this Covenant, if
notice from the other Party or, if such failure is of a nature that cannot reasonably be cured
within thirty (30) days, the failure by such Party to commence such cure within thirty (30) days
and thereafter diligently and continuously prosecutes such cure to completion, with said
completion of cure not to exceed ninety (90) days after the commencement date for the cure of
the Default; or
(iii)Any representation or warranty by a Party set forth in this
Covenant proves to have been incorrect in any material respect when made; or
(iv)The Hobby Lobby Facility is materially damaged or
destroyed by fire or other casualty during the Operating Period and Owner/Developer fails to
commence restoration, or fails to cause and allow for the commencement of restoration by
698/015610-0002
-11-
7287969.1 a07/31/14
489
Hobby Lobby, of the improvements on the Site within a six (6) months or thereafter fails to
diligently and continuously proceed to complete such restoration in accordance with this
Covenant; or
(v)Owner/Developer or Hobby Lobby is enjoined or otherwise
prohibited by any governmental agency from occupying the Site during the Operating Period and
such injunction or prohibition continues without stay for ninety (90) days or more for any reason;
or
(vi)Owner/Developer or Hobby Lobby defaults on, and fails to
timely cure, any mortgage, deed of trust, or other security interest recorded against the Site; or
(vii)The voluntary or involuntary suspension or termination of
theHobby Lobby Retail Use on the Site that is not a Permitted Closure; or
(viii)A court having jurisdiction shall have made or entered any
decree or order (A) adjudging Owner/Developer or Hobby Lobby to be bankrupt or insolvent,
(B) approving as properly filed a petition seeking reorganization of either Owner/Developer or
Hobby Lobby, or seeking any arrangement for either Owner/Developer or Hobby Lobby under
the bankruptcy law or any other applicable debtor's relief law or statute of the United States or
any state or other jurisdiction, (C) appointing a receiver, trustee, liquidator, or assignee of either
Owner/Developer or Hobby Lobby in bankruptcy or insolvency or for any of their properties or
business operations, or (D) directing the winding up or liquidation of Owner/Developer or
Hobby Lobby, if any such decree or order described in subclauses (A) to (D), inclusive, shall
have continued without stay or without being discharged for a period of sixty (60) days, unless a
lesser time period is permitted for cure under any other mortgage or deed of trust held by any
Holder and recorded against the Site, in which event such lesser time period will apply under this
clause (viii) as well; or either Owner/Developer or Hobby Lobby shall have admitted in writing
its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a
petition seeking any decree or order of the nature described in clauses (A) to (D), inclusive.
(b)For each mortgage, deed of trust, or other security interest recorded
against the Site, Owner/Developer shall record, and Owner/Developer shall cause Hobby Lobby
to record, for the benefit of the City, a Request for Notice under Civil Code Section 2924bina
form substantially similar to Exhibit attached hereto and incorporated by reference (the
delivered to the City by the Holder of any mortgage, deed of trust, or other security interest
recorded against the Site to secure any payment and/or performance obligation of either
Owner/Developer or Hobby Lobby. In the event Owner/Developer fails to perform any of its
obligations under this Covenant and City sends a notice of such failure to Owner/Developer,
concurrently therewith City shall send a copy of such notice to any mortgagee or deed of trust
be furnished by Owner/Developer or such Holder to City) and the Holder shall have the same
period of time as is available to Owner/Developer to remedy such breach or failure under this
Covenant. City shall accept any proper cure of a breach or failure tendered by the Holder. In the
event the Site is subject to foreclosure or a deed in lieu of foreclosure, this Covenant shall
automatically terminate, if not previously terminated pursuant to Section 5.1(a)(vi), and shall be
698/015610-0002
-12-
7287969.1 a07/31/14
490
of no further force and effect immediately upon the commencement of any proceeding to
foreclose on the Site or process a deed in lieu thereof, and Owner/Developer shall not be entitled
to any unpaid Covenant Payments from and after the date of commencement of any proceeding
to foreclose or process a deed in lieu thereof.
5.2. Upon the occurrence of any Default by
expiration of the time for Owner/Developer to cure such Default as provided in Section 5.1, City
may at its option:
(i)Suspend the payment of Covenant Payments otherwise due
and payable to Owner/Developer under this Covenant for the period that Owner/Developer
remains in Default. If City has so suspended its payments in accordance with the terms of this
t, City shall resume its payment
obligations, but shall have no obligation to make payments for any Quarter or portion thereof
(ii)if the Default continues uninterrupted for a period of six (6)
Owner/Developer for any period of time after the occurrence of the Default shall be finally
terminated and discharged.
In no event, however, shall City have the right (A) to specifically enforce
to seek damages other
than by offset of future Covenant Payments otherwise due hereunder, (C) to prevent
to another lawful use (even if such use would be
inconsistent with this Covenant), or (D) to sue Owner/Developer or to recover from
Owner/Developer any amount that is actually or allegedly attributable to loss of anticipated Sales
Tax or other revenues, whether because the amount of Sales Tax generated from the Site is less
than projected by Owner/Developer, Hobby Lobby, or City, or because Owner Developer does
not allow for the operation of, or Hobby Lobby does not operate, the Hobby Lobby Facility on
the Site for the entire Operating Period.
5.3. Upon the occurrence of any
expiration of the time for City to cure such Default as provided in Section 5.1, Owner/Developer
may initiate a judicial proceeding seeking an order for the City to continue to perform under this
Covenant, or the Owner/Developer may terminate this Covenant by written notice to City and
may seek unpaid Covenant Payments due and owing to Owner/Developer up until the date of the
Default, subject to the provisions of Section 4.1.5. Notwithstanding any provisions in this
including
all monetary damages and compensation, are set forth in this Section 5.3, and Owner/Developer
shall have no right to claim or receive any other compensatory, punitive, incidental, or other
monetary damages.
5.4Cumulative Remedies; No Waiver. Except as expressly provided herein, the
698/015610-0002
-13-
7287969.1 a07/31/14
491
and remedies provided by law from time to time and the exercise by the nondefaulting Party of
any right or remedy shall not prejudice such Party in the exercise of any other right or remedy.
None of the provisions of this Covenant shall be considered waived by either Party except when
such waiver is delivered in writing. No waiver of any Default shall be implied from any
omission by City to take action on account of such Default if such Default persists or is repeated.
No waiver of any Default shall affect any Default other than the Default expressly waived, and
any such waiver shall be operative only for the time and to the extent stated. No waiver of any
provision of this Covenant shall be construed as a waiver of any subsequent breach of the same
consent or approval shall not be de
any obligation shall not constitute a waiver by such Party of the right to require prompt
performance
proceed with the exercise of its remedies for any unfulfilled obligations.
any partial performance shall not constitute a waiver by that Party of any rights relating to the
unfulfilled portion of the applicable obligation.
5.5. Owner/Developer acknowledges and agrees that:
(i) this Covenant shall not be deemed or construed as creating a partnership, joint venture, or
similar association between Owner/Developer and City, the relationship between
Owner/Developer and City pursuant to this Covenant is and shall remain solely that of
contracting Parties, that the development and operation of the Hobby Lobby Facility is a private
undertaking, and City neither undertakes nor assumes any responsibility, other than as expressly
provided for in this Covenant or as may be granted the City pursuant to its police power under
state and City law, to review, inspect, supervise, approve, or inform Owner/Developer or Hobby
Lobby of any matter in connection with the development or operation of the Hobby Lobby
Facility on the Site, including matters relating to architects, designers, suppliers, or the materials
used by any of them; and Owner/Developer shall rely entirely on its own judgment or that of
Hobby Lobby with respect to such matters; (ii) by virtue of this Covenant, City shall not be
directly or indirectly liable or responsible for any loss or injury of any kind to any person or
property resulting from any construction on, or occupancy or use of, the Site, whether arising
from: (A) any defect in any building, grading, landscaping, or other onsite or offsite
improvement; (B) any act or omission of Owner/Developer or Hobby Lobby, and any of their
respective agents, employees, independent contractors, licensees, lessees, or invitees; or (C) any
accident on the Site or any fire or other casualty or hazard thereon; and (iii) by accepting or
approving anything required to be performed or given to City under this Covenant, including any
certificate, survey, appraisal, or insurance policy, City shall not be deemed to have warranted or
represented the sufficiency or legal effect of the same, and no such acceptance or approval shall
constitute a warranty or representation by City to anyone.
6.GENERAL PROVISIONS.
6.1Integration and Amendment. This Covenant and the Agreement constitute the
entire agreement by and between the Parties pertaining to the subject matter hereof, and
supersede all prior agreements and understandings of the Parties with respect thereto. This
698/015610-0002
-14-
7287969.1 a07/31/14
492
Covenant may not be modified, amended, supplemented, or otherwise changed except by a
writing executed by both Parties.
6.2Captions. Section headings used in this Covenant are for convenience of
reference only and shall not affect the construction of any provisions of this Covenant.
6.3Binding Effect; Successors and Assigns; Assignments. This Covenant shall run
with the land and shall be binding upon and inure to the benefit of, the Parties and their
respective successors and assigns, as limited by this Section 6.3. Except as such assignment
relates to Permitted Assigns or a Holder, the Owner/Developer shall not assign, hypothecate,
encumber or otherwise transfer, either voluntarily, involuntarily or by operation of law, its rights
consent, which may be given
For any Permitted Assign, Owner/Developer shall deliver to the City no later than ten (10) days
after the execution of an assignment and assumption or other similar agreement notice of such
assignment, copy of the agreement memorializing the assignment, the name and address(es) for
notices to be delivered to the Permitted Assign by the City pursuant to this Covenant, and any
documents or other evidence that the City may request, in its reasonable discretion, to verify that
Permitted Assign(s). In the event of any assignment that is consented to in writing by the City or
that is to a Permitted Assign(
deemed to refer to the assignee.
6.4Counterparts. This Covenant may be executed in two or more counterparts, each
of which when so executed and delivered shall be deemed an original and all of which, when
taken together, shall constitute one and the same instrument.
6.5Governing Law. This Covenant shall be governed by and construed in
accordance with the internal laws of the State of California without regard to conflict of law
principles.
6.6Force Majeure. Notwithstanding any other provision set forth in this Covenant to
the contrary, in no event shall a Party be deemed to be in Default of its obligations set forth
herein where delays or failures to perform are caused by circumstances without the fault and
beyond the reasonable control of such Party, which circumstances shall include, without
limitation, fire/casualty losses; strikes; litigation not related to the performance of the Parties
under this Covenant; unusually severe weather; inability to secure necessary labor, materials, or
tools; delays of any contractor, subcontractor, or supplier; litigation by third parties challenging
the validity or enforceability of the Agreement or this Covenant or the Entitlements; and acts of
God (collectively,
Hobby Lobbyinability to obtain financing or approval to operate the Hobby Lobby Facility
shall not constitute events of force majeure. In the event of an event of force majeure, the Party
so delayed shall notify the other Party of the circumstances and cause of the delay within a
reasonable time period after commencement of the delay, it shall keep the other Party informed
at reasonable intervals upon request regarding the status of its efforts to overcome said delay, and
it shall exercise commercially reasonable diligence to perform as soon as practicable thereafter.
698/015610-0002
-15-
7287969.1 a07/31/14
493
6.7Notices. Notices to be given by City or Owner/Developer hereunder may be
delivered personally or may be delivered by certified mail or by reputable overnight delivery
service providing a delivery confirmation receipt, with mailed notices to be addressed to the
appropriate address(es) hereinafter set forth or to such other address(es) that a Party may
hereafter designate by written notice. If served by overnight delivery service or certified mail,
service will be considered completed and binding on the Party served on the date set forth in the
confirmation or certification receipt.
If notice is to City: City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
Attention: City Manager
with a copy to: Rutan & Tucker, LLP
611 Anton Blvd., Suite 1400
Costa Mesa, CA 92626
Attention: William H. Ihrke, Esq.
If to Owner/Developer: One Eleven La Quinta, LLC
71084 Tamarisk Lane
Rancho Mirage, CA 92270
Attention: Mr. Michael Shovlin
6.8Further Acts. Each Party agrees to take such further actions and to execute such
other documents as may be reasonable and necessary in the performance of its obligations
hereunder; reserving to City, however, its lawful discretionary and police power authority.
Without limiting the generality of the foregoing, upon the expiration or termination of the
Operating Period, City shall execute and deliver such instruments as may be prepared by
created by this Covenant; provided, however, that any such document shall be in a form
reasonably acceptable to the City Attorney of City.
6.9Third Party Beneficiaries. With the exception of the specific provisions set forth
in this Covenant for the benefit of Holder, there are no intended third party beneficiaries under
this Covenant and no such other third parties shall have any rights or obligations hereunder.
6.10Atto. The prevailing party shall be entitled to recover its reasonable
attorneys fees and costs, including any fees and costs incurred in any appeal and administrative
proceeding, in connection with any breach or Default by the other Party under this Covenant.
\[Signatures contained on next page.\]
698/015610-0002
-16-
7287969.1 a07/31/14
494
IN WITNESS WHEREOF, the Parties have executed this Covenant to be effective as of
the Effective Date.
CITY OF LA QUINTA,
a California municipal corporation
By:
Frank Spevacek
City Manager
ATTEST:
___________________________________
City Clerk
APPROVED AS TO FORM:
By: ________________________________
City Attorney
ONE ELEVEN LA QUINTA, LLC,
a California limited liability company
By:
Michael Shovlin
Manager
698/015610-0002
-17-
7287969.1 a07/31/14
495
State of California )
)
County of )
On , before me, , Notary Public,
(here insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
State of California )
)
County of )
On , before me, , Notary Public,
(here insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
698/015610-0002
-18-
7287969.1 a07/31/14
496
TO COVENANT
LEGAL DESCRIPTION OF SITE
\[Attached\]
698/015610-0002
7287969.1 a07/31/14
497
\[REPLACE WITH LEGAL DESCRIPTION AND/OR DEPICTION OF THE SITE
698/015610-0002
-2-
7287969.1 a07/31/14
498
TO COVENANT
\[Attached\]
698/015610-0002
7287969.1 a07/31/14
499
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
Attention: City Manager
\[Space above for recorder.\]
(Exempt from Recordation Fee per Gov. Code § 27383)
Request for Notice Under Civil Code Section 2924b
In accordance with Section 2924b of the California Civil Code, request is hereby made
that a copy of any Notice of Default and a copy of any Notice of Sale under the Deed of Trust
recorded as instrument No. ____________________ on _____________________, 20___, \[in
Book ____, Page _____,\] Official Records of Orange County, California, and describing land
therein as
See
executed by ________________________________________________________, as Trustor, in
which _____________________________________________________________ is named as
Beneficiary, and ____________________________________________________, as Trustee, be
mailed to the CITY OF LA QUINTA, 78-495 Calle Tampico, P.O. Box 1504, La Quinta,
California 92253, Attention: City Manager
NOTICE:
A COPYOF ANY NOTICE OF DEFAULT AND OF ANY NOTICE OF SALE
WILL BE SENT ONLY TO THE ADDRESS CONTAINED THIS RECORDED REQUEST. IF
YOUR ADDRESS CHANGES, A NEW REQUEST MUST BE RECORDED.
CITY OF LA QUINTA,
a California municipal corporation
By:
City Manager
698/015610-0002
7287969.1 a07/31/14
500
REQUEST FOR NOTICE UNDER CIVIL CODE SECTION 2924b
Legal Description of the Site
(Attached)
698/015610-0002
-2-
7287969.1 a07/31/14
501
\[REPLACE WITH LEGAL DESCRIPTION \[AND DEPICTION\] OF THE SITE
698/015610-0002
-3-
7287969.1 a07/31/14
502
State of California )
)
County of )
On , before me, , Notary Public,
(here insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
698/015610-0002
-4-
7287969.1 a07/31/14
503
504
REMMOC
TC EC
TS SMADA
506