Page 1 TOWN OF PORTOLA VALLEY 7:30 PM – Regular Meeting of the Town Council Wednesday, February 25, 2015 Historic Schoolhouse 765 Portola Road, Portola Valley, CA 94028
______
REGULAR MEETING AGENDA
I. CALL TO ORDER AND ROLL CALL – 7:30 PM
Councilmember Wengert, Councilmember Richards, Councilmember Hughes, Vice Mayor Derwin and Mayor Aalfs
II. ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject may do so now. Please note however, that the Council is not able to undertake extended discussion or action tonight on items not on the agenda.
III. CONSENT AGENDA
The following items listed on the Consent Agenda are considered routine and approved by one roll call motion. The Mayor or any member of the Town Council or of the public may request that any item listed under the Consent Agenda be removed and action taken separately.
1. Approval of Minutes – Town Council Regular Meeting of January 28, 2015 (3)
2. Approval of Warrant List – February 25, 2015 (20)
IV. REGULAR AGENDA
A. PRESENTATIONS – Tina Hugg, MROSD Senior Planner, with Midpeninsula Regional Open Space (30) District’s Proposal of Priority Conservation Areas (PCA) within Portola Valley and its Sphere of Influence
(a) A Resolution of the Town Council of the Town of Portola Valley Supporting Priority Conservation Area Designations within the Town and its Sphere of Influence (Resolution No. __)
B. COMMITTEE REPORTS & REQUESTS
1. Council Liaison Reports - There are no written materials for this agenda item
C. PUBLIC HEARING – None
D. STAFF REPORTS AND RECOMMENDATIONS
1. Report by Town Attorney – Update to Personnel Policies Manual (50)
(a) A Resolution of the Town Council of the Town of Portola Valley Adopting the Revised Town of Portola Valley Personnel Policies Manual (Resolution No. __)
2. Report by Town Manager – Update on Pension and Retiree Medical Liabilities (113)
3. Report by Town Manager – Update on Budget Goals and Priorities (141)
E. Council Liaison Reports on Regional Agencies and Organizations - There are no written materials for this agenda item
V. WRITTEN COMMUNICATIONS
1. Town Council Digest – February 13, 2015 (149)
2. Town Council Digest – February 20, 2015 (169)
VI. ADJOURNMENT
ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (650) 851-1700. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting.
Agenda –Town PageCouncil 2 Meeting February 25, 2015 Page 2
AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Portola Valley Library located adjacent to Town Hall. In accordance with SB343, Town Council agenda materials, released less than 72 hours prior to the meeting, are available to the public at Town Hall, 765 Portola Road, Portola Valley, CA 94028.
SUBMITTAL OF AGENDA ITEMS The deadline for submittal of agenda items is 12:00 Noon WEDNESDAY of the week prior to the meeting. By law no action can be taken on matters not listed on the printed agenda unless the Town Council determines that emergency action is required. Non-emergency matters brought up by the public under Communications may be referred to the administrative staff for appropriate action.
PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only issues you or someone else raised at the Public Hearing(s) described in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s).
Page 3
PORTOLA VALLEY TOWN COUNCIL REGULAR MEETING NO. 902, JANUARY 28, 2014
I CALL TO ORDER AND ROLL CALL
Mayor Aalfs called the Town Council’s regular meeting to order at 7:30 p.m. and led the Pledge of Allegiance. Ms. Hanlon called the roll.
Present: Councilmembers Craig Hughes, John Richards and Ann Wengert; Vice Mayor Maryann Moise Derwin; Mayor Jeff Aalfs
Absent: None
Others: Nick Pegueros, Town Manager Leigh Prince, Town Attorney Sharon Hanlon, Town Clerk Stacie Nerdahl, Administrative Services Manager Brandi de Garmeaux, Sustainability & Special Projects Manager
II ORAL COMMUNICATIONS – None
III CONSENT AGENDA [7:32 p.m.]
(1) Approval of Minutes: Town Council Regular Meeting of January 14, 2015 [pulled from Consent Agenda]
(2) Approval of Warrant List: January 28, 2015, in the amount of $132,670.44
(3) Appointment by Mayor: 2015 Commissions, Committees and Council Liaisons
(4) Recommendation by Administrative Services Manager: Proposed Amendments to the Purchasing & Inventory Control Policy
(5) Recommendation by Public Works Director: Acceptance of the Alpine Road Bank Protection Project in the Town of Portola Valley, CA #2012-PW03 Federal Project #PR ER-22X0 (001)
(a) Adoption of a Resolution of the Town Council of the Town of Portola Valley to accept the completed Alpine Road Bank Protection Project in the Town of Portola Valley, CA #2012-PW03 Federal Project #PR ER-22X0 (001) and authorizing final payment to “Engineered Soil Repairs, Inc.” concerning such work and directing the Town Clerk to file a Notice of Completion (Resolution No. 2643-2015)
Councilmembers approved Items 2, 4 and 5 unanimously with a roll-call vote.
(1) Approval of Minutes: Town Council Regular Meeting of January 14, 2015
Councilmember Richards moved to approve the minutes of the January 14, 2015 meeting, as amended. Seconded by Councilmember Hughes, the motion carried 4-0-1 (Wengert abstained).
(3) Appointment by Mayor: 2015 Commissions, Committees and Council Liaisons
Mayor Aalfs reported the following updates: Councilmember Hughes is liaison to the Bike, Pedestrian & Traffic Safety Committee, with Councilmember Wengert the alternate. Mayor Aalfs is liaison to the ASCC for the April-June period. BPTS Committee member Kari Rust has resigned, but several other committees have new members: Geologic Safety Committee, Carl Wentworth; Historic Resources Committee, Virginia Bacon and Rachael Myrow; and Nature & Science Committee, Michael Bray.
1 Page 4
Considering that the BPTS Committee’s loss of a member could detract from its ability to take on new activities, Councilmember Wengert said we should be recruiting. Mr. Pegueros said the Town would advertise the Committees that have vacancies in the Almanac.
Councilmember Wengert moved to approve the 2015 appointments of Commissioners, Committee members and Council Liaisons, as amended. Seconded by Councilmember Richards, the motion carried 5-0.
IV REGULAR AGENDA [7:37 p.m.]
(A) Presentations: None
(B) Committee Reports and Requests
(1) Recommendation by the Nature & Science Committee: Proposed revision to Committee Charter
Vice Mayor Derwin moved to approved the Nature & Science Committee’s request to change its charter to reflect a meeting start time of 5:00 p.m. instead of 4:00 p.m. Seconded by Councilmember Hughes, the motion carried 5-0.
(2) Council Liaison Reports
Councilmember Richards and Vice Mayor Derwin attended a Planning Commission public hearing on the Portola Road Corridor Plan.
Vice Mayor Derwin attended the first meeting of the newly constituted Water Conservation Committee and a Friends of the Library meeting that focused on the planned installation of a children’s activity wall.
(C) Public Hearing: None
(D) Staff Reports and Recommendations
(1) Discussion and Council Action: Request from resident Lorrie Duval that the Town purchase a second Automated External Defibrillators (AED) at Town Center
Ms. Duval thanked a number of people in Town and at the Woodside Fire Protection District (WFPD) for their help and support in preparing the background materials on AEDs that she, Lindsay Bowen and Rita Williams assembled for the Council packets. To demonstrate the use of an AED and answer questions, Ms. Duval also brought along a contingent from WFPD, including Firefighting Paramedic and CPR Coordinator Michael Lambert, and Public Education Officer/CERPP Coordinator Selena Brown.
In response to Councilmember Wengert, who asked about problems of mischief, vandalism and theft, the units can be equipped to automatically trigger alerts at WFPD and also can be equipped with loud external alarms and flashing lights when the door that secures the AED is opened. Councilmember Wengert also asked how after-hours people would know where the AED is located. In response, Ms. Duval said it should be in a central, visible and accessible place that is well-signed. In addition, Ms. Williams said that coaches, instructors, etc. would be informed about the AED location.
Councilmember Hughes suggested that we might also consider Ford Field for another AED location in the future. Mr. Pegueros pointed out that staff at Town Hall is trained to perform the maintenance that AEDs require every 30 days, so the location at Community Hall behind the kitchen is a reasonable but a third AED at Ford Field would be difficult to manage.
2 Page 5
Councilmember Wengert, who said she favors the AED choice recommended by staff, said the second AED is a terrific proposal, even more effective with the educational efforts Ms. Williams mentioned. Vice Mayor Derwin, who also agreed with the AED option staff recommended as well as its proposed location, applauded the amount of work that went into preparing the proposal, and said this is something we have to do. Mayor Aalfs said that although he would have been open to another option for the equipment, he supports the option and location staff recommended. Councilmember Richards also favors the proposal, noting that Portola Valley has the oldest average age in San Mateo County. Councilmember Hughes concurred that it’s a great idea.
Councilmember Wengert moved to approve the staff recommendation to implement Option 1 and acquire and install a new AED to be located outside the Community Hall kitchen. Seconded by Councilmember Hughes, the motion carried 5-0.
(2) Recommendation by Sustainability & Special Projects Manager: Adoption of a Resolution approving Beacon Award participation [8:14 p.m.]
(a) Adopt a Resolution of the Town Council of the Town of Portola Valley approving participation in the Institute for Local Government’s Beacon Award: Local Leadership toward Solving Climate Change (Resolution No. 2644-2015)
Ms. de Garmeaux explained that the Beacon Award recognizes cities and counties for their efforts on saving energy, and that participating in the program would increase the Town’s visibility within the region and statewide.
In response to Mayor Aalfs, she confirmed that Portola Valley already has completed much of the work necessary to apply. A significant portion of the data needed to participate was collected to prepare the Draft Climate Action Plan and Town’s greenhouse gas emissions inventories, she said. In addition, the Regionally Integrated Climate Action Planning Suite (RICAPS) staff will help gather the remaining data required.
With few cities on the list of participants, Councilmember Wengert asked if there had been any pushback from other municipalities since the program began. Ms. de Garmeaux said there’s been no pushback at all. Vice Mayor Derwin said the program started six months ago, and the holidays may have slowed the rate of adoption.
Councilmember Wengert asked if the Town would be eligible for a Platinum-level award based on what we achieved last year. Ms. de Garmeaux said we’d be Platinum for Government Operations and Best Practices categories, but probably not in the Community area. She noted that while we’ve done very well with electricity, we’re challenged by natural gas, especially with cold winters.
Mayor Aalfs invited public comment. There was none.
Councilmember Wengert said it sounds like a great program, well thought out with rising participation levels. She said it will probably give us additional ammunition in pointing out to our community that we still have a long way to go, even though we’ve made significant inroads. Councilmember Richards agreed, underscoring the advantage of having an additional layer to point out the extent and duration of the effort we’ve been making. Vice Mayor Derwin said it’s another way to measure progress toward a goal.
Vice Mayor Derwin moved to adopt the resolution approving participation in the Institute for Local Government’s Recognition Program, The Beacon Award: Local Leadership toward Solving Climate Change. Seconded by Councilmember Richards, the motion carried 5-0.
3 Page 6
(3) Recommendation by Administrative Services Manager: Review and accept the Independently Audited Town of Portola Valley Basic Financial Statements and Memorandum of Internal Control for the Year Ended June 30, 2014 [8:20 p.m.]
Mayor Aalfs said the audit report is favorable due in large part to Ms. Nerdahl and her team’s efforts in managing the Town’s financial records.
Ms. Nerdahl presented the audit conducted by Maze & Associates, which also produces such yearly reports as the Basic Financial Statements (BFS) and the Memorandum of Internal Controls. She said the audit was clean, with no findings of difficulties, misstatements, misrepresentations or disagreements with Town processes or financial activity. One of the key financial highlights is that our Total Fund Balance, comprising all 13 of our funds, including the General Fund, increased by 10.4% for a total of $12.1 million.
The General Fund on its own increased by just under $900,000, 22.6% during the fiscal year. Ms. Nerdahl said. Our net position -- which takes all our assets and all our liabilities, including our net capital assets – increased by 2.4% or just over $1 million. The two main factors contributing to the increased net position are the Open Space Fund, which increased by more than $300,000, and the General Fund.
Revenues decreased by 34.2% over the last year, mainly due to the prior year’s sale of one of the Blue Oaks parcels for $2.7 million, with the original valuation being $1 million. The General Fund revenues decreased by more than $500,000, due primarily to several factors from the prior year: a correction in how the Tax Equity Allocation (TEA) revenues were calculated; a significant one- time private purchase and private donations related to the Ford Field renovation.
The General Fund revenues were 14.4% over the adopted budget of $4.3 million. Ms. Nerdahl said the economy was doing so well that building permit revenue, which was $100,000 over the prior year, was $223,000 over the adopted building permits budget. The Town issued 535 building permits in 2013 and 712 in 2014. Ms. Nerdahl compared the first six months of this current fiscal year to 2014, noting an 18% reduction in building permits issued. Secured and unsecured property taxes collectively were 10% over budget.
The County continues to refine its TEA calculations and we continue adjusting to the recalculated revenues, Ms. Nerdahl said. Councilmember Wengert asked if the auditors ever question or call the County to understand or verify. Ms. Nerdahl said the County has its own auditors who look at their calculations. Mr. Pegueros said there are two audits of the County processes – their own independent audit, which doesn’t generally dive into the details of the mechanics of property tax distribution. But once every 10 years, he explained, the state audits the actual mechanics of their processes and confirms that they’re applying the laws appropriately. He said those audits, the latest of which was in 2010, are incredibly important because as of a certain date, the state basically says all of the calculations prior to that date that they audited were good and therefore final. So even if we found a mistake, it would be very difficult to go back and fix it if finaled by the state.
With regard to the County’s calculations, Mr. Pegueros said he agrees with Ms. Nerdahl that the County Controller’s office finally appears to be on the right track to understanding the law and applying it correctly to property tax calculations. The problem, however, is there are so many nuances. Sacramento has played with property taxes so much that they’ve created new iterative calculations, and sometimes there are unintended consequences or there’s a layer that doesn’t get caught when the County makes corrections. Although they do their best to send us the correct amount of property tax revenue, it’s incredibly unnerving not to really know what’s happening with our revenues, because this is such a key piece of our financial picture. For that reason, as the County works through all of these calculations over the next several years, we really need to exercise some fiscal prudence.
4 Page 7
Ms. Nerdahl said expenditures were slightly more than last year, but still within the adopted budget. They include a new inclusion in the Town-wide statements, which is Other Post- Employment Benefits. OPEB typically represents post-employment healthcare benefits.
While General Fund expenditures were 2.4% over the prior year, this isn’t anything to worry about, Ms. Nerdahl said. It’s due mostly to several increases in general government, such as higher plan check expenditures resulting from the higher level of building permit activity.
As far as expenditures versus our adopted budget are concerned, Ms. Nerdahl explained that one reason why General Fund expenditures were 7% less, or $300,000, is that actual Planning Commission and ASCC costs were lower than budgeted as we were in the process of transitioning to in-house staff, and several capital improvement projects were postponed.
As Ms. Nerdahl told the Council, it is apparent from the two most recent fiscal years that our finances are in good shape at this time. Looking ahead, It is important to note that we’re still adjusting to the new TEA calculations, and it is rumored that excess Educational Revenue Augmentation Funds (ERAF) will go away in two to five years. The Town has several CalPERS- related issues on the doorstep (the unfunded pension liability and other post-employment benefits), she added, but the Town is in a position of minimizing the impacts of these liabilities to its balance sheet.
She said she’s done an analysis of our road projects, and although we currently have some outside funding sources, local and federal reimbursem*nt grants..we can’t count on those to continue. We no longer have a road impact fee, and it should be noted that before that fee came into being, the General Fund actually did support our annual road project more than recent years.
Councilmember Wengert asked whether Governmental Accounting Standards Board (GASB) 68 provides for a phase-in of unfunded pension liabilities. Ms. Nerdahl said she thinks this is the year that we get our turn on implementing the phase-in.
Mayor Aalfs pointed out that there are actually two unfunded liabilities – the general pension fund and OPEB. There are two numbers, he added, the $308,000 unfunded liability and, the $49,000. Mr. Pegueros explained that GASB 45 requires all public agencies to analyze the commitments they’ve made to their employees for post-employment medical benefits. It may also include other benefits like vision, but the Town doesn’t provide those, so when we talk about OPEB for Portola Valley, we’re just talking about retiree medical. The impact of that liability is phased into our financial statements over a period of 10 to 30 years. We chose 10 years, but that can always be changed in future evaluations. We’re required to update the evaluation once every two or three years to account for changes in healthcare costs, etc. But the number you see on the financial statements is the current annual required contribution to fully fund, eventually, the retiree medical benefit.
One thing that will be coming back to the Council is a proposal to fund that liability, Mr. Pegueros said. If we were to fund the liability, the financial statements would show an asset in trust that equals or exceeds the OPEB liability. A number of cities are showing the OPEB liability, but they haven’t put any asset’s away, so that clearly affects their net position. Here in Portola Valley, staff would recommend that at a minimum we put away the annual required contribution for a net zero effect on the net position.
Councilmember Hughes asked if that would mean that for 10 years we’ll have roughly a number that’s pretty similar to this year’s, and then in year 11 it would drop down to some smaller amount so that we don’t fall behind. Mr. Pegueros said that’s exactly right, adding that the Council would have the option of funding it all at one time, in which case the asset would exceed the liability, so the liability would catch up to the asset.
5 Page 8
Councilmember Wengert asked whether as part of the analysis on the liability side, the state provides a pre-specified discount rate every year in terms of that valuation. Mr. Pegueros said that we control the assumptions for retiree medical, and our assumptions are realistic. He consulted with the Finance Committee on the discount rate to use, and recalls it in the range of 4.25%. It’s a policy decision, he added, so the Council could take it down to zero if you want or bump it up, but it needs to be realistic. The accounting standard requires us to demonstrate that there’s a reasonable possibility that we could achieve whatever discount rate we’re using. That is only for the medical piece.
Mr. Pegueros said the pension piece to which Ms. Nerdahl alluded is included in the Memorandum of Internal Controls, GASB 68, which will treat the unfunded pension the same way as unfunded retiree medical, so each year the amount will be factored in to our financial statements. We’ll have an option of paying it down or not, but it could have an impact. In response to Councilmember Wengert, Mr. Pegueros said we’d at least have consistency.
Mayor Aalfs invited public comments. There were none.
Councilmember Wengert congratulated Ms. Nerdahl for once again guiding the Council through the financial maze, and the way she presented it hit on the questions we’d likely have, such as how things varied relative to projections to budget and to actual. She said her final issue is, given the uptick in the amount of activity, particularly on the permit side, whether we feel comfortable that we’re adequately staffed, in the sense that clearly we don’t want CheyAnne Brown (Planning Technician) and Debbie Pedro (Town Planner) and the other building and planning staff running against the wind to such degree that it creates a huge problem for them. She asked Mr. Pegueros to add this issue on his “watch list.”
Mr. Pegueros said he’d definitely do that. He said part and parcel of this discussion is what rate of cost recovery we’re achieving with our fee schedule. Sometimes it’s easy to assume that if the revenues are going up, we’re recovering more money, but that isn’t necessarily the case. He emphasized two points:
The first is building permits paid in 2013-14 are for services and inspections that are likely to span multiple years. Because we didn’t spend all of it in 2013-14, we have building inspection obligations remaining.
Our reorganization of the Planning Department definitely suggests that we take a comprehensive look at our fees next year, and that will be one of the budget proposals. It’s a costly and time- consuming exercise, but now that we have a model that we believe will go forward, it’s a good time to stop – and in that process we’d look at the workload and how things are moving through the system, whether we need more staff. As Mr. Pegueros explained, the work is clearly cyclical and the hard part of staffing a Planning Department is that if you staff for when you’re busy, what does all the staff do when it’s not busy? So a combination of new staff and/or an on-call consultant planner or building inspector to pick up the slack may be the answer.
Councilmember Wengert said another variable that’s very much part of the equation is given what we’re all seeing around Town in terms of size, scale and scope, projects are more sophisticated and take longer. She said it would be interesting to see how long a time period it’s taking from the time the permits are issued to when the building inspection is performed. Whereas in the past 12 or 18 months may have been a typical timeframe, now it may be a longer. When Mr. Pegueros pointed out a case that’s more than 10 years old, Councilmember Wengert said she’s aware of a few of those and hopes they’re outliers. Still, she added, she guesses the days of shorter, easier and simpler transactions are probably gone.
Councilmember Richards complimented Ms. Nerdahl on a very nice job and thanked her for making the information understandable to non-financial types.
6 Page 9
Councilmember Hughes agreed, and having been on the Council for 18 months now, he’s impressed by the transparency of the Town’s financial situation and how Ms. Nerdahl and Mr. Pegueros go out of their way to make things clear, do things in a way that makes sense and really highlight where the important stuff is. That said, Councilmember Hughes continued, we’ve had two years in a row of significantly more revenues than expenses, so we’re probably going to have think about what to do with that.
Referring to Councilmember Hughes’ comment about transparence, Vice Mayor Derwin said that not all entities have transparent finances, and she’s proud to be in Portola Valley, which is so well managed financially – and Ms. Nerdahl and Mr. Pegueros are a large part of that.
Mayor Aalfs said because he’s not “a finance type” and has little to look at by way of comparison, he expects to be let down someday when he realizes that not everyone’s accounts are as easy to read and understand as Portola Valley’s. He, too, thanked Ms. Nerdahl and Mr. Pegueros – including thanks for introducing him to his new favorite accounting term, triple-flip revenue.
Councilmember Wengert moved to receive the audit and financial statements for FYE June 30, 2014. Seconded by Councilmember Hughes, the motion carried 5-0.
(4) Recommendation by Administrative Services Manager: Adjustments to General Fund Assigned Funds [8:52 p.m.]
Ms. Nerdahl said about a year ago, when several adjustments were made to the assigned funds within the General Fund, there was discussion about some of the assigned funds that had been on the books since before she joined the Town staff. Portola Valley’s first assigned fund, established in 1980, was the Legal Fee Contingency Fund ($100,000 balance as of June 30, 2014). Ms. Nerdahl undertook some research into the Children’s Theater Fund, the Open Space Acquisition Fund and the Historic Museum Fund. The research led her to learn that these funds were established in 1991, 1995 and 1998, respectively, and to make the following recommendations:
Donate the balance in the Children’s Theater Fund ($2,659.62) to a public school with a children’s theater program.
Return the balance in the Historic Museum Fund ($2,990.95) to the General Fund, and used to pay for landscape improvements in front of the Schoolhouse; funds for the Historic Resources Committee are made available during the annual budget process.
Transfer the balance of the Open Space Acquisition Fund ($377,499.04) to the restricted Open Space fund.
Of the remaining assigned funds, staff recommends:
Reducing the balance in the Unfunded Pension Liability Fund ($1,015,000 as of June 30, 2014) to $955,472 to correspond to CalPERS most recent actuarial valuation, which was June 30, 2013.
Renaming the “Emergency Capital Replacement/Repairs Fund to Capital Replacement/ Repairs Fund to make these funds available for non-emergency capital replacement/ repairs and to streamline the Town’s ability to request FEMA assistance in the case of a disaster.
Establishing the Retiree Medical Liability Fund to set aside the OPEB reported in each year’s financial statement ($308,280 for the FYE June 30, 2014).
7 Page 10
Mr. Pegueros clarified that in this context Ms. Nerdahl is referring to funds with a lower-case “f” – the Open Space fund, a restricted fund, as opposed to the Open Space Acquisition Fund, an assigned fund in the General Fund. The restricted funds use the lower-case “f.”
Councilmember Wengert asked whether any restrictions were made on the Open Space assignment in the General Fund. Ms. Nerdahl said she was not able to determine any.
Councilmember Hughes said that Gary Nielsen, a member of the Town Council when the Open Space Acquisition Fund was established, attended a Finance Committee meeting at which he said they were essentially trying to kick start the open space fund before they created the separate dedicated restricted fund, but it didn’t go farther than earmarking some money within the General Fund. He said the recommendation to transfer it to a restricted fund within the General Fund makes sense.
Councilmember Hughes said the Finance Committee also discussed the possibility of moving the funds to an “undevelopment” fund, which is like a development fund, but for open (i.e., undeveloped) space. The difference, he said, is that we might be able to actually get a better return on the money while it’s sitting there waiting for an open-space project. As it stands, the fund is losing value relative to the price of real estate.
Mr. Pegueros pointed out that the Finance Committee supports the recommendations included in the staff report. Committee members also had a somewhat lengthy discussion about the size of what would be designated the Capital Replacement/Repairs Fund. Reviewing the amounts of the General Fund assignments, Mr. Pegueros noted that some of the numbers are rather specific. For instance, we brought the Unfunded Pension Liability Fund up to date to an actual number that is substantiated by a report. However, we had no particular basis to arrive at a capital reserve of $1.4 million, which the Finance Committee discussed in 2014 and again in their meeting on January 6, 2014. According to Mr. Pegueros, Committee members wrestled with whether we need to do a study, how we arrive at a number and whether we are comfortable with the number? Given the consideration of past events, such as the experience from the El Niño years, and needs for cash to deal with emergencies, he said $1.4 seems about right and the Committee supported it. They did not recommend spending time or money trying to further refine that number through consultant studies on deferred capital improvements or whatever the case may be. That said, Mr. Pegueros emphasized that assignments authorized by the Council can be undone by the Council in the future.
Councilmember Hughes asked whether the Council should decide exactly where the Children’s Theater Fund balance. Would we split it half-and-half between Ormondale and Corte Madera? Or just give it to the school district? Mr. Pegueros said that a Council decision would be necessary before cutting any checks. Because the money was donated to a public institution in the first place, he said it should be forwarded to a public institution and the Council can give direction tonight where that should go.
Vice Mayor Derwin said she’d prefer Woodside High School to get the money. Corte Madera has the capacity to raise a lot of money, but Woodside does not. She said they need it more than the Portola Valley School District does. Councilmember Richards said he’d be okay with Woodside, noting that the school has a great program. Councilmember Hughes said it made sense to him. Councilmember Wengert said she agreed if Woodside has a greater need.
Councilmember Wengert said she has no issues about the restricted fund for open-space money, but on a related point, she would like to see the Open Space Acquisition Advisory Committee reactivated. As she sees it, the Committee has been pretty dormant for the last couple of years and there’s enough money there. She suggested we at least look at another way of potentially managing those dollars. .
8 Page 11
Mayor Aalfs asked whether any Finance Committee members were hesitant about transferring open-space money from an assigned but unrestricted fund to a restricted fund. He said the restricted Open Space Acquisition Fund is small enough that we can’t do much with it anyway, so adding a small amount to a fund that’s already insufficient doesn’t do a lot of good. On the other hand, he continued, in the interest of prudence we could put it in an unassigned General Fund.
Councilmember Hughes said the Finance Committee briefly discussed shifting the open-space money from an assigned to an unrestricted fund, but a big part of the meeting focused on how since 1995, $350,000 has turned into $377,000 – not even close to any real estate appreciation. He said that’s true of all of our funds; we don’t get a good return on investment.
Councilmember Hughes said there also was some discussion in the Finance Committee about whether there’s any realistic likelihood that this $377,000 would ever, for political reasons, possibly be spent on anything other than open space. Given that seems extremely unlikely, it might as well go into the restricted fund.
Mr. Pegueros pointed out that the Council also has the option to leave everything as is. Staff would like to clean up the small numbers and tie the Unfunded Pension Liability Fund to a number that’s in an actuarial report. But with respect to the Open Space assignment, he said Councilmember Hughes hit the nail on the head. The question is, where does the Council want those funds available? For open-space acquisition exclusively? Or for open-space acquisition possibly in the General Fund, but possibly for other purposes? There’s no burning need to make a decision tonight, he said, but since we were looking at all of the assignments, we thought it would be a great idea to bring this up.
Councilmember Wengert said the bigger question for her is that if we’re not able to buy open space in the future, because pricing has just moved so dramatically out of reach, how else could these monies be used? She emphasized that she’s not suggesting even starting down that path, but she’s still interested in reactivating the Open Space Acquisition Advisory Committee because we just haven’t had any activity there for a while.
Mayor Aalfs said it appears we have two issues:
Councilmembers are agreeable to disposing of the two smaller funds
We could just go ahead with transferring the Open Space assignment to the Open Space Acquisition Fund as recommended or defer that decision.
Councilmember Hughes said he’d favor moving the open-space money as recommended. .. Otherwise, he said, we end up having this discussion again every year. Twice – once during the budget and once now, and ultimately I just don’t think that money has any possibility of being spent on anything other than what the assignment was intended – open space acquisition.
Councilmember Richards said he agreed, given the provenance of it.
Mayor Aalfs invited a discussion of who should discuss the recipient of the Children’s Theater Fund monies. Councilmember Wengert said she agreed with Vice Mayor Derwin to donate the funds to Woodside High.
Mayor Aalfs invited public comment,
Alex Von Feldt, Creek Park Drive, said she isn’t sure if the Open Space Acquisition Fund is restricted to acquisition, if the amounts are small and is worried about being able to buy new property. She pointed out that a lot of property that the Town already owns are in dire need of
9 Page 12
maintenance. Would putting the money in the restricted fund mean you could no longer use if for maintenance?
With the benefit of recent staff research, Mr. Pegueros indicated that the Open Space Acquisition Fund’s intent was for acquisition and preservation of open space, and an argument could be made that preservation includes some maintenance. At an Open Space Acquisition Advisory Committee meeting he attended soon after joining the staff, Mr. Pegueros said there was quite a discussion about how much of the funds in the Open Space Acquisition Fund should be used for maintenance. The fact that it was being debated made it clear the issue hasn’t been resolved fully, Mr. Pegueros said, and he thinks the only way to resolve it would be for the Council to give very clear direction.
Mayor Aalfs asked whether the restriction precludes maintenance, as long as the property remains open space. Mr. Pegueros said it does not preclude preservation.
In response to Vice Mayor Derwin, who asked whether the Council vote on the assigned funds would allow using the money now in the Open Space Advisory Fund to maintain our open space, Mr. Pegueros said no, the Council would need to discuss and decide in a separate action. Councilmember Wengert said it’s another reason for the Open Space Acquisition Advisory Committee to swing into action.
Councilmember Hughes added that obviously this money is less restricted as an assigned fund in the General Fund, so we can do with it what we want, but essentially the purpose was the same as whatever that restricted fund was when it was set up.
There were no further public comments.
Councilmember Hughes moved to make all the assigned fund balance reserve adjustments recommended in the staff report and donating the balance in the Children’s Theater Fund should to Woodside High School for its theater program. Seconded by Councilmember Richards; the motion carried 5-0.
(5) Recommendation by Town Manager: Request from residents to issue a letter to Stanford University regarding steelhead recovery in the creeks upstream of Searsville Dam [9:10 p.m.]
Mr. Pegueros said that after hearing from several residents at the January 14, 2015 Council meeting, Mayor Aalfs, with concurrence of the Council, gave staff direction to put this item on tonight’s agenda for discussion.
Councilmember Wengert said that although Mr. Pegueros briefed her on this item because she missed the January 14, 2015 meeting, she had some basic questions about what Stanford has been doing, the process they’re going through on the Searsville Dam issue, who has been participating, where things stand and where we would be in this process.
Mr. Pegueros said the packet contains several press releases from Stanford that outline the development of the process used to identify alternatives for Searsville Dam. He said it’s his understanding that:
The advisory group, made up of community members, has submitted three recommendations to Stanford for alternatives to Searsville Dam
The matter is now with the faculty and administration committee that was developed or assigned to look at it, and that committee will be making a final recommendation on which alternative or alternatives to pursue.
10 Page 13
Although the process was expected to conclude last year, it got delayed and now they’re very close to making that final report
Councilmember Wengert said in trying to frame the issue, she wondered why it’s emerging here now. She said she wants to know the etiology of us commenting to them. She asked whether others are commenting as well, one way or the other. She also asked whether Stanford’s process is an open process in terms of accepting input. As she observed, Stanford is obviously in our sphere of influence, and if it were in the public sector, we would potentially have been providing commentary throughout the process.
Mr. Pegueros said that looking back at several instances where the Town has weighed in on more regional matters, we were reacting to reports or a project or proposal that has been on the table and was open for public comment. Clearly this letter comes before the distribution of the Stanford report, he said, noting that the residents in attendance tonight can probably fill in some blanks.
Vice Mayor Derwin reiterated that Stanford is expected to come to a decision soon and the residents who came to the Town would like Stanford to choose an alternative that allows for fish passage. If they wait until after Stanford renders its decision is rendered, they won’t have been able to make that suggestion. For that reason, she said it’s critical to get the letter in to Stanford before they announce a decision, in the hope that the letter will influence a decision to choose an alternative that allows for fish passage, as well as watershed and habitat restoration.
Councilmember Wengert asked whether we know what three options Stanford is considering, whether its decision will be final, or if public input will be allowed.
Vice Mayor Derwin said she believes information about the options is in the packet.
Ms. Prince said that even though Stanford is a unique entity, it still has to go through the environmental review process. It will include a Notice of Preparation (NOP), where you can comment on the option and the alternatives and what specifically should be studied – for example, the migration of fish. And there’s the process whereby Stanford will have to reach out to the public agencies within the sphere of influence, which will be another chance to comment, as well as on the draft document and the final document that gets produced. So not only do you have the opportunity to comment on the review, but also on the project itself and whether you like it or don’t, a whole variety of options.
Councilmember Hughes said there’s an opportunity in a “pre-decision” letter to say that if one of the options available satisfies the needs, we’d be more supportive of it through the review process. He said we also can let Stanford know we have residents who have thought about this and put some time into it, and whatever options are being considered, this is important to us.
Mayor Aalfs invited public comment.
Danna Breen, Alpine Road, said that with Stanford in Portola Valley’s sphere of influence, it’s interesting that the Town didn’t weigh in a long time ago or at any time previous to this. She said she just came from a talk at the Woodside Priory on a sacred sanctuary on this planet, the estuary of San Francisco Bay, and it was an extremely moving experience. Two weeks ago at an Audubon talk in Portola Valley she said she learned about the extinction of 50 birds coming up in the next 50 years due to climate change, and we know dams are associated with climate degradation. She said we also know that Stanford diverts 400 million gallons of water a year out of the steelhead ecosystem habitat from our sacred water source.
Ms. Breen said the letter must go forward. The dam will come down at some point and our Town needs to have been a stakeholder on that. It’s time to put our oar in the water and say this is not
11 Page 14
okay. If we are in fact stewards of creeks and lands, we need to have made a statement that this dam is not okay. A methane hole sits on the top of that dam and the steelhead can’t run into our creeks. How do we feel about that? She said she was involved in the idea behind this letter, which she described as incredibly benign and gentle, and not strong enough.
Bill Kaspari, Alpine Road, read a letter from Tom Schreck one of the residents who spoke at the January 14, 2015 meeting but was unable to attend tonight:
“. . . As you may recall, I am a 57-year-old resident of Portola, son of Albert and Joel Schreck. I’ve lived in Portola Valley most of my life and am fortunate that I’ve been raised by such wonderful parents. We also know that my father was a founding father of Portola Valley along with Bill Lane, helping to write the incorporation documents which established in perpetuity the guiding principles and ethos of our Town to forever maintain and preserve our rural character. To this end, I believe we have an important opportunity in writing Stanford University when considering Searsville Dam options, to only consider those options that restore steelhead migration upstream of the dam. This is in keeping with our Town guiding principles and will ensure we maintain, observe and restore our native flora and fauna if possible.
Mr. Kaspari said he’s lived here close to 45 years, and one day about a year after moving in, his 10-year-old son walked in the house carrying a 12-inch rainbow trout. He caught it in the creek that goes around our place. He didn’t have any bait. The trout was so lethargic in this warm water that he had snagged it, pulled it out and brought it home. I never forgot that because I’ve never seen any other fish in there. Mr. Kaspari said it would be nice if we could convince Stanford, at least weigh in the side of an alternative that allows fish to go up and down this creek. Seven creeks in Portola Valley feed into Searsville Dam and they’re sort of dead in the sense of flow process, so I’m very much in favor of sending this letter out.
Sue Crane, Portola Road, said she knows this is a very delicate subject, this sleeping giant all around us, and she feels this needs a gentle approach. She said the drafted letter speaks for us and serves as a good representation of our feelings to a neighbor. She said it is non-pejorative, and we would be happy to have Stanford hear our voice.
Alex Von Feldt, Creek Park Drive, said that although she’s no expert on the Searsville issue, she’s aware of the citizens’ group that’s been meeting to talk about it for the past few years. She said Stanford has done an excellent job involving the community and actually George Mader (retired Town Planner) has been one of the leads of the advisory committee. She said the environmental community also has been represented, including Acterra and the Regional Water Quality Control Board. She said a lot of conservation environmentalists she respects have differing opinions about the Searsville issue. Some think that it should be retained for wetlands and open-water habitat.
One of the things she’s learned, Ms. Von Feldt said, is that the current Searsville Lake is not sustainable. It’s filling up with sediment, and Stanford has acknowledged that something must be done. Options include partial and full removal of the dam, and even some Stanford faculty anecdotally say it’s time for the dam to go. Another option is trucking out the sediment and hauling it off, making a big carbon impact in the process and also affecting our communities.
Stanford must do something about the fish, too, Ms. Von Feldt said, because the fact that the dam isn’t passable to fish violates state and federal laws. One option involves a very large fish ladder, which most experts say will not work. Even the small fish ladder in Los Trancos Creek doesn’t work, she said. Another idea is to stun the fish and then truck them around the dam to release. According to Ms. Von Feldt, other than taking out the dam, most of the options for solutions are clumsy at best. However, she noted that even Stanford acknowledges that all of the options would improve flood protection for downstream communities.
12 Page 15
To Ms. Crane’s point, Ms. Von Feldt said, the letter to Stanford is gentle and undemanding. It’s about how we support restoring natural stream functions. As she sees it, this situation presents a unique opportunity. She urged the Council to send the letter in the hope that we can see something happen in our lifetimes
Marty Mackowski said the Town has a responsibility to make its intentions known. These creeks are an integral part of our environment, he said, and he’d love to see the fish come back up the stream. Going so far as taking down the dam would certainly be a big project on the part of Stanford, but at least we can let our opinion be known, he said.
With no other speakers coming forward, Mayor Aalfs brought the issue back to the Council.
Councilmember Wengert asked who’s come out in favor of keeping the dam. Someone said the only people who want to maintain the status quo are Stanford people whose stance is based on how expensive it would be to remove it.
Ms. Von Feldt pointed out that if nothing happens, the open-water habitat will disappear. And if Stanford removes the dam, they’ll have to mitigate any wetland loss.
Ms. Breen pointed out that the water is also a commodity, an asset, a function for Stanford; they use it to irrigate their golf course – at the expense of the steelhead.
Mayor Aalfs read from the letter: “We support a Searsville alternative that reduces or eliminates artificial reservoir habitat that encourages the reproduction and spread of non-native species such as bullfrogs . . .” He asked for confirmation that the dam and wetlands actually have introduced non-native species? A woman from the audience responded affirmatively, and added, “predatory fish as well.”
Councilmember Richards said he’s frankly puzzled that the Town hasn’t weighed in on this before, because it’s fairly well known and has been ongoing for a while now. He said he would personally probably opt for a more vigorous approach, but he’s happy with the way this letter is written and would absolutely support it. He said getting the creek back to a natural state and have its real bloodstream become real again is so fundamental to what we purport to support here in Town. He said not weighing in at all would be a big mistake, and he’s good with going with what we’ve got.
Councilmember Hughes agreed, but he likes the fact that the letter is pretty mild and non- controversial. From the point of view of the Town, what the Town is trying to do and why it was incorporated in terms of preserving natural environment and so on, this letter essentially just lays that out with respect to the creeks and the dam’s impact on them. For those reasons, he said it’s appropriate to let Stanford know that we care about the decision they’re about to make, and we hope it’s not one that heads in a direction that may not have a positive impact on Portola Valley and may be hard to change later.
Describing the letter as “really rich,” Vice Mayor Derwin said that no one else had yet mentioned bullet points that talk about how this alternative would support groundwater recharge, increase the watershed’s resiliency to climate change and is conceptually supported by Governor Brown’s Water Action Plan. She said the letter contains much to embrace, and it’s we our responsibility as stewards of the creeks and the lands to tell Stanford how we feel about their decision, about the dam that will affect all our creeks and lands. She also said it is congruent with the values embodied in our General Plan, particularly the Conservation and Sustainability Elements, and she’s thankful to the residents who brought this to us.
13 Page 16
Mayor Aalfs agreed that it’s very much congruent with Town values, and very much in the Town’s purview to comment on something that affects us as profoundly as anyone. He said he might have questions about specific points, but support the letter.
Councilmember Wengert said her apparent hesitancy has nothing to do with what the letter says, but is related to being comfortable that all sides of the issue have been presented. She said typically when the Council is asked to opine on something, there’s more opportunity to see all the opinions and all of information on whatever the issue is. She added that she certainly benefited particularly by Ms. Von Feldt’s comments, but in any case, she said she tends to agree with her colleagues and appreciates those who brought the matter to the Council’s attention.
Councilmember Wengert said obviously the process in this case reflects the Stanford’s complexity – who they are and how they interact with the communities in which they’re located, and it’s not really a public process in the way we’re used to having it,. Given all of that, this probably is our opportunity to say something. We should say it now rather than later. We may have another opportunity with the Environmental Impact Report (EIR). Echoing Ms. Crane’s comments, she added that letter certainly shows a respectful approach, but still it makes all the points to the extent that it articulates our position and our continuing commitment to restoring native habitat. Also, looking at the fact that Searsville Lake is down to 10% of its original capacity, clearly there’s a major problem, she concluded, and this is the timing.
Mayor Aalfs said he thinks the letter is fine, noting the fact that we are not telling Stanford what to do but rather what we want. Also noting that we want fish to be able to get up and down the river by themselves, he asked whether our desire for an “unimpeded migration corridor” implies either partial or complete removal of the dam. Councilmember Hughes said if the fish-ladder option is not expected to work well in letting fish pass, it may be that effectively we’re recommending partial or complete removal of the dam.
Vice Mayor Derwin moved to approve the letter drafted to Stanford University, pending minor modifications by the Mayor. Seconded by Councilmember Richards, the motion carried 5-0.
(E) Council Liaison Reports on Regional Agencies and Organizations [9:38 p.m.]
(1) Councilmember Richards: County Emergency Council
The JPA agreement needs one last signature, from Redwood City, which is expected on February 9, 2015.
A new position of Fire Battalion Chief was approved, which will cost Portola Valley about $500 annually.
There was a drought update; for the time being, the emergency water situation at Alpine Creek has abated, although a number of wells failed. San Mateo County housed 100 displaced residents in the OES during the last heavy rainstorm.
(2) Vice Mayor Derwin: Resource Management Climate Committee (RMCP), Bay Area Water Supply and Conservation Agency (BAWSCA) and Housing Endowment Regional Trust (HEART)
The RCMP meeting on January 21, 2015, included:
A presentation on the Alternative Fuel Readiness Plan for San Mateo County, which is being funded by the California Energy Commission. Alternative Fuel Vehicles (AFVs) use hydrogen fuel, liquid natural gas (LNG), compressed natural gas (CNG), and many other fuels.
14 Page 17
A presentation on the Sustainability Circles Program, which is trying to address sustainability in small to midsize businesses and change the mindset of their office employees. The program involves taking people from 10 organizations, with each participant attending six full-day workshops, after which their organizations are more profitable, more efficient and more sustainable.
For instance, Vice Mayor Derwin said that Mi Rancho did an action plan, and its return on investment (ROI) will generate $1.05 million in savings over five years. She said she can think of several candidate organizations in Portola Valley that might benefit.
A review of Outcomes of 2013-2014 San Mateo County Energy Watch Program Cycle and update on 2015. Vice Mayor Derwin said that everything is on track except natural gas, which is a difficult category to control. 2:11:12.2 Councilmember Hughes supposed that it might be easier with power plants and in industrial areas versus residential.
From BAWSCA's January 15, 2015 meeting coverage of Water Supply and Conservation Efforts in San Mateo County:
With no rainfall since December 2014, the good news is that we’re making progress in converting non-potable water to potable water, and as a region we’re conserving well.
To put the conservation picture in perspective, Vice Mayor Derwin pointed out that Portola Valley uses 300-plus gallons per day whereas some other communities’ comparable numbers are 44, 46, 49.4 and 56 gallons per day in Daly City, East Palo Alto, Mountain View and Sunnyvale.
Precipitation in February and March could put us on the road to recovery, but rainfall wise, we’re tracking above the worst year on record since 1977. The 10% reduction would stay if we experience precipitation in the range of what we experienced in 2007, but another year like 1977 would trigger state and federal declarations of emergency, widespread diversion curtailments and water reallocations, suspension of certain environmental protection laws and mandatory rationing to reduce water consumption by 20%, she said.
The San Francisco Public Utilities Commission is scheduled to reevaluate the water storage situation on April 15, 2015.
From the HEART Board meeting today:
The organization is counting on Portola Valley to promote donations and attendance at this year’s fundraising luncheon, scheduled for May 15, 2015. The featured speaker will be John Stewart, who founded the John Stewart Company in 1978 with a commitment to provide high-quality management for affordable housing in the Bay Area.
There also was a report by the newest consultant, Consulting Within Reach, which advocates capital-preserving philanthropy and discussed momentum to begin an actual experimental project.
(2) Councilmember Hughes: Community Choice Aggregation (CCA)
Councilmember Hughes, with Ms. de Garmeaux and Greg Beverlin, took part in a three-hour workshop in Redwood City this afternoon, during which representatives of Marin Clean Energy and Sonoma Clean Power discussed their experiences in the CCA program. From Commissioner Hughes’ notes:
15 Page 18
PG&E provides power distribution, lines and line maintenance, and billing services. The local agency (e.g., the geography area of a town or county, such as Marin County or Sonoma County) buys the energy on the energy market, contracting the supply. That gives the CCA local control over the suppliers it buys from and how they generate the electricity they sell. A Joint Powers Authority (JPA) is created to implement and provide governance for each CCA program.
With the energy-trading profit out of the equation, the CCA can reduce rates somewhat in comparison to PG&E. Marin and Sonoma have both had pretty good experiences so far, Councilmember Hughes reported, and the results on their residents’ energy bills are pretty significant.
PG&E’ standard mix of electricity, between what it produces and what it purchases, is about 22% renewable, much of it hydropower. Marin Clean Energy has two plans for residents to choose from now, and is about to launch a third. The default is “Light Green,” 50% renewable, which has been 5-10% cheaper than PG&E’s. “Deep Green” is 100% renewable, which is one cent more per kWh than PG&E for residential users, but significantly less than PG&E for commercial users, who can get significantly more renewable energy at cheaper rates. San Mateo County differs in scale from Marin and Sonoma, so the savings might not be comparable.
CCA is asking San Mateo County cities, including Portola Valley, to authorize PG&E’s release of usage data so CCA can do a study. That’s all they want – no financial commitment. Councilmember Hughes said we’d have to make a decision on CCA’s request soon, because they want to know by February 20, 2015.
CCA indicates that a program can be in operation by the third quarter of 2016. Councilmember Hughes said the up-front capital cost would require a loan, because the JPA would have to buy the electricity before the CCA could bill customers for it.
Councilmember Wengert said because the CCA buys the electricity on the open market, it doesn’t really control the source. Councilmember Hughes said that although once the power goes in the grid, that’s true because an electron is an electron, but the CCA specification for renewable sources would ensure that the amount of renewable power being fed into the grid matches the amount the CCA customers are taking out.
Councilmember Hughes said that from an environmental point of view and the cost advantage for consumers, arguments for CCAs are pretty compelling. He said he’s trying to find out under what circ*mstances it could go sour, but said they didn’t talk much about risks at the workshop.
A discussion of the CCA program, led by San Mateo County Supervisor Dave Pine, is on the agenda for the Council of Cities dinner meeting, scheduled for January 30, 2015.
V WRITTEN COMMUNICATIONS [9:56 p.m.]
(1) Town Council Digest: January 16, 2015
#8 – Invitation to Council of Cities Dinner Meeting – Friday, January 30, 2015
Vice Mayor Derwin noted that four Councilmembers plan to attend the meeting, with Mayor Aalfs voting. Council members briefly discussed some of the candidates who are vying for some contested seats to represent the Council for the agencies as indicated.
16 Page 19
MTC (Metropolitan Transportation Commission): Vice Mayor Derwin favors incumbent Redwood City Councilmember Alicia Aguirre for the seat available.
HEART: Millbrae Mayor Robert Gottschalk, San Carlos Mayor Ron Collins and San Mateo, Vice-Mayor Jack Matthews, all incumbents, are running for the three seats available.
LAFCo (Local Agency Formation Commission): Atherton Councilmember Cary Wiest and Pacifica Councilmember Mike O'Neill, who was alternate for the seat when it was held by Allan Alifano (Pacifica), are running for one seat. Councilmember Wiest said she favors Mr. Wiest. Vice Mayor Derwin likes both candidates, she said, but Mr. O’Neill probably would get her vote if she were voting.
Mayor Aalfs said LAFCo will face big challenges in the next several years, when its sole employee, Executive Director Martha Poyatos, a long-time staff member with a great deal of institutional knowledge decides to retire. Councilmembers also briefly discussed membership on the LAFCo board.
(2) Town Council Digest: January 23, 2015
#6 – Request for Town participation in Community Choice Aggregation (CCA) Study for San Mateo County
Mayor Aalfs said the resolution concerning the CCA Study, part of San Mateo County’s first step toward a Community Choice Aggregation program, will come before the Council at its meeting on February 11, 2015. In response to Councilmember Wengert’s asking why the County is taking the initiative on this program – which would be governed by a JPA – Councilmember Hughes said it’s probably easier for the County to reach significant scale.
#10/1 – Memo from Town Manager, Nick Pegueros, re: Weekly Update – Friday, January 23, 2015
Mr. Pegueros said he would provide an update on the pension retiree medical liabilities report as well as the budget and workplan at the Council’s meeting on February 25, 2015.
#10/2 – Memo from Town Manager, Nick Pegueros, re: Weekly Update – Friday, January 23, 2015
Councilmembers discussed web problems, including Distributed Denial of Service attacks (DDoS).
#10/7 – Memo from Town Manager, Nick Pegueros, re: Weekly Update – Friday, January 23, 2015
Vice Mayor Derwin pointed out a ruling that judges cannot join the Boy Scouts because they’re discriminatory in that gay people cannot serve as scout leaders. Nor do the scouts allow atheist or agnostic children to join. Mr. Pegueros said that at one point when he was having a discussion with one of local scout leaders, who expressed a perception that the Town was dissatisfied with some of the national organization’s policies. He told Mr. Pegueros the local organization looks the other way on a number of issues.
VI ADJOURNMENT [10:10 p.m.]
______
Mayor Town Clerk
17 INVOICE APPROVAL LIST REPORT - DETAIL WITH GL DIST Page 20 02/25/15 Date: 02/20/2015 Time: 8:51 am TOWN OF PORTOLA VALLEY Page: 1 Vendor Name Invoice Description1 Ref No. Discount Date Vendor Name Line 2 Invoice Description2 PO No. Pay Date Vendor Address Vendor Number Due Date Taxes Withheld City Bank Check No. Check Date Discount Amount State/Province Zip/Postal Invoice Number Check Amount
MIKE AGOFF Instructor Fees, Winter 2015 16126 02/25/2015 02/25/2015 2341 KEHOE AVENUE 0016 02/25/2015 0.00 SAN MATEO BOA 49397 02/25/2015 0.00 CA 94403 5,184.00 GL Number Description Invoice Amount Amount Relieved 05-58-4246 Instructors & Class Refunds 5,184.00 0.00
Check No. 49397 Total: 5,184.00 Total for MIKE AGOFF 5,184.00
AT&T 01/06/15 - 02/05/15 Statements 16103 02/25/2015 02/25/2015 P.O. BOX 9011 441 02/25/2015 0.00 CAROL STREAM BOA 49398 02/25/2015 0.00 IL 60197-9011 249.83 GL Number Description Invoice Amount Amount Relieved 05-64-4318 Telephones 249.83 0.00
Check No.49398 Total: 249.83 Total for AT&T 249.83
BAY AREA PAVING CO., INC. Wds H'lands, Concrete Swale/ 16104 02/25/2015 Valley Gutter Work 02/25/2015 P.O. BOX 6339 567 02/25/2015 0.00 SAN MATEO BOA 49399 02/25/2015 0.00 CA 94403 C51-185 1,980.00 GL Number Description Invoice Amount Amount Relieved 90-00-4375 General Expenses 1,980.00 0.00
Check No.49399 Total: 1,980.00 Total for BAY AREA PAVING CO., INC. 1,980.00
CALIFORNIA WATER SERVICE CO February Statements 16137 02/25/2015 02/25/2015 3525 ALAMEDA DE LAS PULGAS 0011 02/25/2015 0.00 MENLO PARK BOA 49400 02/25/2015 0.00 CA 94025844 101.13 GL Number Description Invoice Amount Amount Relieved 05-64-4330 Utilities 101.13 0.00
Check No.49400 Total: 101.13 Total for CALIFORNIA WATER SERVICE CO 101.13
CITY OF REDWOOD CITY (IT) January IT Services 16105 02/25/2015 02/25/2015 P.O. BOX 3629 586 02/25/2015 0.00 REDWOOD CITY BOA 49401 02/25/2015 0.00 CA 94064 BR35112 2,029.83 GL Number Description Invoice Amount Amount Relieved INVOICE APPROVAL LIST REPORT - DETAIL WITH GL DIST Page 21 02/25/15 Date: 02/20/2015 Time: 8:51 am TOWN OF PORTOLA VALLEY Page: 2 Vendor Name Invoice Description1 Ref No. Discount Date Vendor Name Line 2 Invoice Description2 PO No. Pay Date Vendor Address Vendor Number Due Date Taxes Withheld City Bank Check No. Check Date Discount Amount State/Province Zip/Postal Invoice Number Check Amount 05-54-4216 IT & Website Consultants 2,029.83 0.00
Check No.49401 Total: 2,029.83 Total for CITY OF REDWOOD CITY (IT) 2,029.83
CLEANSTREET November Street/Litter Cleanup 16127 02/25/2015 02/25/2015 1937 W. 169TH STREET 0034 02/25/2015 0.00 GARDENA BOA 49402 02/25/2015 0.00 CA 90247-5254 76537 1,603.62 GL Number Description Invoice Amount Amount Relieved 05-66-4342 Landscape Supplies & Services 74.00 0.00 20-60-4262 Street Sweeping 659.52 0.00 20-60-4266 Litter Clean Up Program 870.10 0.00 CLEANSTREET January Street/Litter Cleanup 16128 02/25/2015 02/25/2015 1937 W. 169TH STREET 0034 02/25/2015 0.00 GARDENA BOA 49402 02/25/2015 0.00 CA 90247-5254 77240 1,603.62 GL Number Description Invoice Amount Amount Relieved 05-66-4342 Landscape Supplies & Services 74.00 0.00 20-60-4262 Street Sweeping 659.52 0.00 20-60-4266 Litter Clean Up Program 870.10 0.00
Check No.49402 Total: 3,207.24 Total for CLEANSTREET 3,207.24
CSG CONSULTANTS INC Bldg Insp Svcs, 12/27 - 01/30 16129 02/25/2015 02/25/2015 1700 S. AMPHLETT BLVD 622 02/25/2015 0.00 SAN MATEO BOA 49403 02/25/2015 0.00 CA 94402 029040 14,440.00 GL Number Description Invoice Amount Amount Relieved 05-50-4062 Temp Bldg Inspection 14,440.00 0.00
Check No.49403 Total: 14,440.00 Total for CSG CONSULTANTS INC 14,440.00
TREENA JOI DIEHL Reimb for N&S Microscopes 16140 02/25/2015 for Future Events 02/25/2015 500 W. MIDDLEFIELD, #129 419 02/25/2015 0.00 MOUNTAIN VIEW BOA 49404 02/25/2015 0.00 CA 94043 397.75 GL Number Description Invoice Amount Amount Relieved 05-52-4163 Science & Nature 397.75 0.00
Check No.49404 Total: 397.75 Total for TREENA JOI DIEHL 397.75 INVOICE APPROVAL LIST REPORT - DETAIL WITH GL DIST Page 22 02/25/15 Date: 02/20/2015 Time: 8:51 am TOWN OF PORTOLA VALLEY Page: 3 Vendor Name Invoice Description1 Ref No. Discount Date Vendor Name Line 2 Invoice Description2 PO No. Pay Date Vendor Address Vendor Number Due Date Taxes Withheld City Bank Check No. Check Date Discount Amount State/Province Zip/Postal Invoice Number Check Amount FRANK & GROSSMAN Refund, BUSLI Employee Fees 16106 02/25/2015 02/25/2015 1400 EGBERT AVENUE 0496 02/25/2015 0.00 SAN FRANCISCO BOA 49405 02/25/2015 0.00 CA 94124 71.00 GL Number Description Invoice Amount Amount Relieved 05-56-4228 Miscellaneous Refunds 71.00 0.00
Check No. 49405 Total: 71.00 Total for FRANK & GROSSMAN 71.00
HORIZON Field Fertilizer 16124 02/25/2015 02/25/2015 P.O. BOX 52758 0289 02/25/2015 0.00 PHOENIX BOA 49406 02/25/2015 0.00 AZ 85072-2758 1N205803 497.28 GL Number Description Invoice Amount Amount Relieved 05-58-4240 Parks & Fields Maintenance 497.28 0.00
Check No. 49406 Total: 497.28 Total for HORIZON 497.28
MARSHA HOVEY LLC Emerg Prep Consult, January 16107 02/25/2015 02/25/2015 1035 APPIAN WAY 0381 02/25/2015 0.00 MORGAN HILL BOA 49407 02/25/2015 0.00 CA 95037 PV-12 1,275.00 GL Number Description Invoice Amount Amount Relieved 05-54-4214 Miscellaneous Consultants 1,275.00 0.00
Check No. 49407 Total: 1,275.00 Total for MARSHA HOVEY LLC 1,275.00
JORGENSON SIEGEL MCCLURE & January Statement 16108 02/25/2015 FLEGEL 02/25/2015 1100 ALMA STREET 0089 02/25/2015 0.00 MENLO PARK BOA 49408 02/25/2015 0.00 CA 94025 14,000.25 GL Number Description Invoice Amount Amount Relieved 05-54-4182 Town Attorney 14,000.25 0.00
Check No.49408 Total: 14,000.25 Total for JORGENSON SIEGEL MCCLURE & 14,000.25
DANIEL MATTAR Instructor Fees, Winter 2015 16130 02/25/2015 02/25/2015 1312 VERSAILLES AVENUE 0500 02/25/2015 0.00 ALAMEDA BOA 49409 02/25/2015 0.00 CA 94501 863.00 GL Number Description Invoice Amount Amount Relieved 05-58-4246 Instructors & Class Refunds 863.00 0.00 INVOICE APPROVAL LIST REPORT - DETAIL WITH GL DIST Page 23 02/25/15 Date: 02/20/2015 Time: 8:51 am TOWN OF PORTOLA VALLEY Page: 4 Vendor Name Invoice Description1 Ref No. Discount Date Vendor Name Line 2 Invoice Description2 PO No. Pay Date Vendor Address Vendor Number Due Date Taxes Withheld City Bank Check No. Check Date Discount Amount State/Province Zip/Postal Invoice Number Check Amount
Check No.49409 Total: 863.00 Total for DANIEL MATTAR 863.00
METROPOLITAN TRANS COMMISSION PTAP 16 Award, Match 16136 02/25/2015 ATTN: Accts Rec, Elena Federis 02/25/2015 P.O. BOX 45788 741 02/25/2015 0.00 SAN FRANCISCO BOA 49410 02/25/2015 0.00 CA 94145-0788 AR0500 3,000.00 GL Number Description Invoice Amount Amount Relieved 05-68-4503 CIPStreetDesignFutureFY 3,000.00 0.00
Check No.49410 Total: 3,000.00 Total for METROPOLITAN TRANS COMMISS 3,000.00
MUNICIPAL CODE CORPORATION Muni Code-PDF File, Pedro 16110 02/25/2015 02/25/2015 P.O. BOX 2235 788 02/25/2015 0.00 TALLAHASSEE BOA 49411 02/25/2015 0.00 FL 32316 00252201 163.50 GL Number Description Invoice Amount Amount Relieved 05-64-4300 Codification 163.50 0.00
Check No.49411 Total: 163.50 Total for MUNICIPAL CODE CORPORATION 163.50
ASHLEY NORFLEET Refund Deposit, CX Application 16109 02/25/2015 02/25/2015 465 WAYSIDE ROAD 0497 02/25/2015 0.00 PORTOLA VALLEY BOA 49412 02/25/2015 0.00 94028 500.00 GL Number Description Invoice Amount Amount Relieved 96-54-4207 Deposit Refunds, Other Charges 500.00 0.00
Check No.49412 Total: 500.00 Total for ASHLEY NORFLEET 500.00
PERS HEALTH March Health Premium 16138 02/25/2015 02/25/2015 VIA EFT 0108 02/25/2015 0.00 BOA 49413 02/25/2015 0.00 15,655.47 GL Number Description Invoice Amount Amount Relieved 05-50-4086 Health Insurance Medical 15,655.47 0.00
Check No. 49413 Total: 15,655.47 Total for PERS HEALTH 15,655.47 INVOICE APPROVAL LIST REPORT - DETAIL WITH GL DIST Page 24 02/25/15 Date: 02/20/2015 Time: 8:51 am TOWN OF PORTOLA VALLEY Page: 5 Vendor Name Invoice Description1 Ref No. Discount Date Vendor Name Line 2 Invoice Description2 PO No. Pay Date Vendor Address Vendor Number Due Date Taxes Withheld City Bank Check No. Check Date Discount Amount State/Province Zip/Postal Invoice Number Check Amount PRINTER ASSIST Printer Repair 16111 02/25/2015 02/25/2015 P.O. BOX 1533 944 02/25/2015 0.00 PALO ALTO BOA 49414 02/25/2015 0.00 CA 94302-1533 8809 27.13 GL Number Description Invoice Amount Amount Relieved 05-64-4308 Office Supplies 27.13 0.00
Check No.49414 Total: 27.13 Total for PRINTER ASSIST 27.13
REGIONAL GOVERNMENT SERVICES Beverlin, January Svcs. 16131 02/25/2015 02/25/2015 P.O. BOX 1350 1165 02/25/2015 0.00 CARMEL VALLEY BOA 49415 02/25/2015 0.00 CA 93924 4731 2,798.88 GL Number Description Invoice Amount Amount Relieved 05-50-4060 Temp NonPay Cler/Admin 2,798.88 0.00
Check No.49415 Total: 2,798.88 Total for REGIONAL GOVERNMENT SERVIC 2,798.88
RELIABLE FIRE EXTINGUISHER CO Annual Extinguisher Service 16113 02/25/2015 02/25/2015 P.O. BOX 3461 2028 02/25/2015 0.00 REDWOOD CITY BOA 49416 02/25/2015 0.00 CA 94064 82299 463.89 GL Number Description Invoice Amount Amount Relieved 05-66-4346 Mechanical Sys Maint & Repair 463.89 0.00
Check No.49416 Total: 463.89 Total for RELIABLE FIRE EXTINGUISHER C 463.89
RON RAMIES AUTOMOTIVE, INC. January Fuel Statement 16112 02/25/2015 02/25/2015 115 PORTOLA ROAD 422 02/25/2015 0.00 PORTOLA VALLEY BOA 49417 02/25/2015 0.00 CA 94028 438.27 GL Number Description Invoice Amount Amount Relieved 05-64-4334 Vehicle Maintenance 438.27 0.00
Check No. 49417 Total: 438.27 Total for RON RAMIES AUTOMOTIVE, INC. 438.27
SAN MATEO CO INF SERVICES January M/W 16114 02/25/2015 02/25/2015 455 COUNTY CENTER, 3RD FLOOR 0307 02/25/2015 0.00 REDWOOD CITY BOA 49418 02/25/2015 0.00 CA 94063 1YPV11501 76.00 GL Number Description Invoice Amount Amount Relieved 05-52-4152 Emerg Preparedness Committee 76.00 0.00 INVOICE APPROVAL LIST REPORT - DETAIL WITH GL DIST Page 25 02/25/15 Date: 02/20/2015 Time: 8:51 am TOWN OF PORTOLA VALLEY Page: 6 Vendor Name Invoice Description1 Ref No. Discount Date Vendor Name Line 2 Invoice Description2 PO No. Pay Date Vendor Address Vendor Number Due Date Taxes Withheld City Bank Check No. Check Date Discount Amount State/Province Zip/Postal Invoice Number Check Amount
Check No.49418 Total: 76.00 Total for SAN MATEO CO INF SERVICES 76.00
SHARP BUSINESS SYSTEMS January Copies 16115 02/25/2015 02/25/2015 DEPT. LA 21510 0199 02/25/2015 0.00 PASADENA BOA 49419 02/25/2015 0.00 CA 91185-1510 C852760-541 157.46 GL Number Description Invoice Amount Amount Relieved 05-64-4308 Office Supplies 157.46 0.00
Check No.49419 Total: 157.46 Total for SHARP BUSINESS SYSTEMS 157.46
SIERRA PACIFIC TURF SUPPLY INC Soil Test 16125 02/25/2015 02/25/2015 P.O. BOX 84 842 02/25/2015 0.00 CAMPBELL BOA 49420 02/25/2015 0.00 CA 95009 0445278-IN 43.60 GL Number Description Invoice Amount Amount Relieved 05-58-4240 Parks & Fields Maintenance 43.60 0.00
Check No. 49420 Total: 43.60 Total for SIERRA PACIFIC TURF SUPPLY IN 43.60
SMALL BUSINESS BENEFIT PLAN TR March Dental/Vision 16116 02/25/2015 02/25/2015 0132 02/25/2015 0.00 BELMONT BOA 49421 02/25/2015 0.00 CA 94002-0156 1,822.90 GL Number Description Invoice Amount Amount Relieved 05-50-4090 Health Ins Dental & Vision 1,822.90 0.00
Check No. 49421 Total: 1,822.90 Total for SMALL BUSINESS BENEFIT PLAN 1,822.90
CONNIE STACK Instructor Fees, Winter 2015 16132 02/25/2015 02/25/2015 10127 LAMPLIGHTER SQUARE 648 02/25/2015 0.00 CUPERTINO BOA 49422 02/25/2015 0.00 CA 95014 1,689.60 GL Number Description Invoice Amount Amount Relieved 05-58-4246 Instructors & Class Refunds 1,689.60 0.00
Check No. 49422 Total: 1,689.60 Total for CONNIE STACK 1,689.60 INVOICE APPROVAL LIST REPORT - DETAIL WITH GL DIST Page 26 02/25/15 Date: 02/20/2015 Time: 8:51 am TOWN OF PORTOLA VALLEY Page: 7 Vendor Name Invoice Description1 Ref No. Discount Date Vendor Name Line 2 Invoice Description2 PO No. Pay Date Vendor Address Vendor Number Due Date Taxes Withheld City Bank Check No. Check Date Discount Amount State/Province Zip/Postal Invoice Number Check Amount STANDARD INSURANCE CO. February LTD/Life Premium 16139 02/25/2015 02/25/2015 PO BOX 5676 0469 02/25/2015 0.00 PORTLAND BOA 49423 02/25/2015 0.00 OR 97228 332.96 GL Number Description Invoice Amount Amount Relieved 05-50-4091 Long Term Disability Insurance 332.96 0.00
Check No.49423 Total: 332.96 Total for STANDARD INSURANCE CO. 332.96
STAPLES January Office Supplies 16117 02/25/2015 02/25/2015 STAPLES CREDIT PLAN 430 02/25/2015 0.00 DES MOINES BOA 49424 02/25/2015 0.00 IA 50368-9020 970.02 GL Number Description Invoice Amount Amount Relieved 05-64-4308 Office Supplies 970.02 0.00
Check No.49424 Total: 970.02 Total for STAPLES 970.02
BARBARA TEMPLETON Transcription, Oct - Jan 16118 02/25/2015 02/25/2015 304 MELVEN COURT 369 02/25/2015 0.00 SAN LEANDRO BOA 49425 02/25/2015 0.00 CA 94577-2011 801 5,262.50 GL Number Description Invoice Amount Amount Relieved 05-54-4188 Transcription Services 5,262.50 0.00
Check No.49425 Total: 5,262.50 Total for BARBARA TEMPLETON 5,262.50
THERMAL MECHANICAL, INC January Bi-Monthly Maint 16133 02/25/2015 02/25/2015 425 ALDO AVENUE 955 02/25/2015 0.00 SANTA CLARA BOA 49426 02/25/2015 0.00 CA 95054 PM-62102 1,495.00 GL Number Description Invoice Amount Amount Relieved 05-66-4341 Community Hall 498.34 0.00 05-66-4346 Mechanical Sys Maint & Repair 498.33 0.00 25-66-4346 Mechanical Sys Maint & Repair 498.33 0.00
Check No.49426 Total: 1,495.00 Total for THERMAL MECHANICAL, INC 1,495.00
TOWNSEND MGMT, INC App Charges, Feb/May/July 2014 16135 02/25/2015 02/25/2015 P.O. BOX 24442 609 02/25/2015 0.00 SAN FRANCISCO BOA 49427 02/25/2015 0.00 CA 94124 3,066.50 INVOICE APPROVAL LIST REPORT - DETAIL WITH GL DIST Page 27 02/25/15 Date: 02/20/2015 Time: 8:51 am TOWN OF PORTOLA VALLEY Page: 8 Vendor Name Invoice Description1 Ref No. Discount Date Vendor Name Line 2 Invoice Description2 PO No. Pay Date Vendor Address Vendor Number Due Date Taxes Withheld City Bank Check No. Check Date Discount Amount State/Province Zip/Postal Invoice Number Check Amount GL Number Description Invoice Amount Amount Relieved 96-54-4194 Engineer - Charges to Appls 3,066.50 0.00
Check No.49427 Total: 3,066.50 Total for TOWNSEND MGMT, INC 3,066.50
TREE SPECIALIST INC Emergency Tree Removal 16134 02/25/2015 02/25/2015 1198 NEVADA AVE 839 02/25/2015 0.00 SAN JOSE BOA 49428 02/25/2015 0.00 CA 95125 3,200.00 GL Number Description Invoice Amount Amount Relieved 20-60-4271 Storm Damage / Emerg Repairs 3,200.00 0.00
Check No.49428 Total: 3,200.00 Total for TREE SPECIALIST INC 3,200.00
VERIZON WIRELESS January Statement 16119 02/25/2015 02/25/2015 P.O. BOX 660108 0131 02/25/2015 0.00 DALLAS BOA 49429 02/25/2015 0.00 TX 75266-0108 9739524061 244.46 GL Number Description Invoice Amount Amount Relieved 05-64-4318 Telephones 244.46 0.00
Check No.49429 Total: 244.46 Total for VERIZON WIRELESS 244.46
SCOTT WEBER Reimbursem*nt, Work Boots/Pant 16120 02/25/2015 02/25/2015 793 02/25/2015 0.00 BOA 49430 02/25/2015 0.00 210.08 GL Number Description Invoice Amount Amount Relieved 05-60-4267 Tools & Equipment 210.08 0.00
Check No.49430 Total: 210.08 Total for SCOTT WEBER 210.08
SARAH WERNIKOFF Refund, C&D Deposit 16121 02/25/2015 02/25/2015 145 BEAR GULCH 0498 02/25/2015 0.00 PORTOLA VALLEY BOA 49431 02/25/2015 0.00 CA 94028 5,000.00 GL Number Description Invoice Amount Amount Relieved 96-54-4205 C&D Deposit 5,000.00 0.00
Check No.49431 Total: 5,000.00 Total for SARAH WERNIKOFF 5,000.00 INVOICE APPROVAL LIST REPORT - DETAIL WITH GL DIST Page 28 02/25/15 Date: 02/20/2015 Time: 8:51 am TOWN OF PORTOLA VALLEY Page: 9 Vendor Name Invoice Description1 Ref No. Discount Date Vendor Name Line 2 Invoice Description2 PO No. Pay Date Vendor Address Vendor Number Due Date Taxes Withheld City Bank Check No. Check Date Discount Amount State/Province Zip/Postal Invoice Number Check Amount PHIL WHITE Refund, C&D Dep-683 Portola Rd 16122 02/25/2015 02/25/2015 95 ATHERTON AVENUE 0499 02/25/2015 0.00 ATHERTON BOA 49432 02/25/2015 0.00 CA 94027 1,885.00 GL Number Description Invoice Amount Amount Relieved 96-54-4205 C&D Deposit 1,885.00 0.00
Check No.49432 Total: 1,885.00 Total for PHIL WHITE 1,885.00
WOODSIDE FIRE PROTECTION DISTR CERPP Coordinator,Jan-Mar 2015 16123 02/25/2015 02/25/2015 3111 WOODSIDE ROAD 709 02/25/2015 0.00 WOODSIDE BOA 49433 02/25/2015 0.00 CA 94062 102_PV 2,711.85 GL Number Description Invoice Amount Amount Relieved 05-64-4333 Fire Prevention 2,711.85 0.00
Check No. 49433 Total: 2,711.85 Total for WOODSIDE FIRE PROTECTION DI 2,711.85
Grand Total: 95,511.38 Total Invoices: 38 Less Credit Memos: 0.00 Net Total: 95,511.38 Less Hand Check Total: 0.00 Outstanding Invoice Total: 95,511.38 Page 29
TOWN OF PORTOLA VALLEY Warrant Disbursem*nt Journal February 25, 2015
Claims totaling $95,511.38 having been duly examined by me and found to be correct are hereby approved and verified by me as due bills against the Town of Portola Valley.
Date______Nick Pegueros, Treasurer
Motion having been duly made and seconded, the above claims are hereby approved and allowed for payment.
Signed and sealed this (Date) ______
______Sharon Hanlon, Town Clerk Mayor Page 30
MEMORANDUM
TOWN OF PORTOLA VALLEY
______
TO: Mayor and Members of the Town Council
FROM: Debbie Pedro, Town Planner
DATE: February 25, 2015
RE: Proposed Priority Conservation Areas (PCA) within Portola Valley and its Sphere of Influence
RECOMMENDATION It is recommended that the Town Council adopt the resolution in Attachment 1 supporting the proposed Priority Conservation Areas located within the Town of Portola Valley and its sphere of influence (SOI).
BACKGROUND Midpeninsula Regional Open Space District (MROSD) has recently informed the Town of their plans to participate in the Association of Bay Area Government (ABAG) Priority Conservation Area (PCA) Program. (Attachment 2) The PCA program was first introduced in 2007 to identify regionally significant open spaces that are important natural resources. There are currently four categories of PCAs:
1. Natural Landscapes – Areas critical to the functioning of wildlife and plant habitats, aquatic ecosystems and the region's water supply and quality.
2. Agricultural Lands – Farmland, grazing land and timberland that support the region's agricultural economy and provide additional benefits such as habitat protection and carbon sequestration.
3. Urban Greening – Existing and potential green spaces in cities that increase habitat connectivity, improve community health, capture carbon emissions, and address stormwater.
4. Regional Recreation – Existing and potential regional parks, trails, and other publicly accessible recreation facilities.
PCA designations serve to identify regionally significant open spaces and to position agencies to attract grant funding to support the long-term protection of these areas. Through the Plan Bay Area process, the Metropolitan Transportation Commission Page 31 Page 2 February 25, 2015
(MTC) has established a $10 million pilot grant program to help fund the protection of PCAs. Additional information about the PCA program is included in Attachment 3.
Currently, there are over 100 PCAs located in the nine Bay Area counties. For the 2014/15 PCA program update, MROSD is proposing a total of 16 new PCAs in San Mateo and Santa Clara Counties. The deadline for submitting PCA applications to ABAG is May 30, 2015. Per the requirements of the PCA program, MROSD is reaching out to the Town to ensure that the proposed areas are appropriate and in line with the conservation goals of the affected jurisdictions. An adopted resolution of support from the jurisdiction in which the PCAs are located is required to be included with the application. Conversely, a jurisdiction can file a resolution of opposition within 90 days to invalidate the nomination.
The proposed PCAs in and around Portola Valley are all lands owned and/or managed by MROSD. These areas include the 1,000+ acres Windy Hill Open Space Preserve and the 79 acres Hawthorn property which became part of the District’s Windy Hill Open Space Preserve in 2011. In addition, Coal Creek Open Space Preserve and Los Trancos Open Space Preserve, located in unincorporated Santa Clara County within the Town’s sphere of influence are also included. (Attachment 4)
The proposed PCA designations for Windy Hill, Coal Creek, and Los Trancos open space preserves are consistent with the major community goals in the Town’s General Plan which calls for the long range preservation and conservation of natural features and open space of the planning area.
FISCAL IMPACT None
ENVIRONMENTAL REVIEW This action is not a project under the California Environmental Quality Act (CEQA), and no CEQA analysis is therefore required.
ATTACHMENT 1. Resolution 2. Letter from MROSD General Manager Stephen Abbors dated January 29, 2015 3. Priority Conservation Area Concept Paper 4. Map of proposed PCAs within Portola Valley and its Sphere of Influence
APPROVED – Nick Pegueros, Town Manager
Page 32 Attachment #1
RESOLUTION NO. ______-2015
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY SUPPORTING PRIORITY CONSERVATION AREA DESIGNATIONS WITHIN THE TOWN AND ITS SPHERE OF INFLUENCE
WHEREAS, the Association of Bay Area Governments is requesting nominations from local governments and special districts for Priority Conservation Areas (PCA) as part of the Plan Bay Area Implementation effort; and
WHEREAS, PCAs are intended to be areas which contain important agricultural, natural resource, watershed, historic, scenic, cultural, recreational, and/or ecological values and ecosystem functions deserving of conservation funding; and
WHEREAS, the 2014 PCA program update specifically addresses the Open Space and Farmland implementation areas and introduces four categories to recognize the role of different kinds of PCAs in supporting the vitality of the region’s natural systems, rural economy and human health; and
WHEREAS, the Priority Conservation Areas that are nominated by Midpeninsula Regional Open Space District, are mutually compatible and complementary, and represent a diverse and balanced mix of conservation priorities in the Town of Portola Valley.
NOW, THEREFORE, the Town Council of the Town of Portola Valley hereby RESOLVE to endorse the designation of Priority Conservation Areas, as listed below and as detailed in Exhibit A.
1. Windy Hill Open Space Preserve – Regional Recreation and Natural Landscapes 2. Coal Creek Open Space Preserve - Regional Recreation and Natural Landscapes 3. Los Trancos Open Space Preserve - Regional Recreation and Natural Landscapes
REGULARLY PASSED AND ADOPTED this 25th of February, 2015.
______Jeff Aalfs, Mayor ATTEST:
______Sharon Hanlon, Town Clerk Page 33
GENERAL MANAGER Stephen E Abbors
M1dpenmsula Regional Open Space 01stnct BOARD OF DIRECTORS Pete S•emens Yonko Kishimoto Jed Cyr Curt R•ffle Nanette Hanko Larry Hassett Cecily Harm
January 29, 2015
Town Manager Nick Pegueros Town of Portola Valley 765 Portola Road Portola Valley, CA. 94028
SUBJECT: Proposed Priority Conservation Area within Portola Valley
Dear Town Manager Pegueros:
In July 2013, the Association of Bay Area Governments (ABAG) Executive Board and the Metropolitan Transportation Commission (MTC) approved Plan Bay Area, a long-range, integrated transportation and land-use/housing strategy through 2040 for the San Francisco Bay Area. Plan Bay Area includes the designation of Priority Conservation Areas (PCAs) to balance housing and transportation demands with the need to preserve the region's diverse farming, recreational, scenic, and natural resource lands and their many ecological values and ecosystem functions for future generations.
PCAs are intended to identify lands of conservation significance that are broadly supported by the public and local jurisdictions to be eligible for future PCA Program funding and potentially other conservation based funding. PCA designations are strictly for grant funding purposes only, to identify lands of key open space importance that merit grant funding. PCAs are neither regulatory in nature, nor do they have any effect on local land use or zoning designations or future local land use decisions. They are, however, intended to align with and build upon local General Plan strategies for open space conservation to remain consistent with local policies and objectives.
PCAs are of high importance to the Midpeninsula Regional Open Space District (Midpen), as these designations will affect future funding opportunities for land conservation and recreation on the Peninsula. Midpen is reaching out to the Town of Portola Valley at this time to notify you of the proposed new PCA designation that is being considered within your jurisdiction, for which Midpen has already initiated conversations with staff from the Town Planning Department (see Attachment 1 for PCA Map and Attachment 2 for PCA description). Over the next three (3) months, Midpen will continue to work alongside Town Planning to further develop and refine the proposed PCA to ensure that the PCA is aligned with the Town's conservation strategies. Midpen anticipates submitting an application to ABAG by the May 30th deadline for PCA nominations.
I 330 D1stel C1rcle Los Altos, CA 94022 I P &so 69112oo I F 650 6910485 I www openspace org I Page 34 If you have questions about the PCA Program and Midpen's proposed PCA within the Town of Portola Valley, please do not hesitate in contacting me at (650) 691-1200 or via email at [emailprotected].
Sincerely Yours,
Stephen E. Abbors General Manager
Attachments: Map of proposed PCA in Portola Valley Table of PCA Designation
CC (email): Joanna Bullock, Association of Bay Area Govenunents Debbie Pedro, Planning Director, Town of Portola Valley Page 35
ATIACHMENT
Proposed PCA Designation within Portola Valley
Midpen Open Open Space Affected Space Vision Proposed Designations for PCA Preserves Jurisdictions Plan Priority Areas Windy Hill & Portola Va lley 6, 8, 10 & 40 Regional Recreation, Natural Landsca pes Coal Creek Page 36
Proposed PCA Within Town of Portola Valley's Sphere of Influence Midpeninsula Regional Open Space District FZJ Proposed PCA - MROSD Preserves (MROSD)
Town of Portola Va lley Private Property Sphere of Influence '- January, 2015 Town of Portola V alley a Miles 0 05
the District strives to use the best avatlable digital data, this data does not represent a legal survey and is merely a graphtC Illustration of geographic features. Attachment #3
Page 37 PRIORITY CONSERVATION AREAS THE SAN FRANCISCO BAY AREA IS UNIQUE AMONG AMERICAN METROPOLISES. Parks and trails support our health and quality of life. Watersheds and other natural areas contribute to our clean water and air and help to protect us from disasters. The region’s farms and ranches give us fresh, healthy local food. Together our open spaces define the identity of the Bay Area and are a magnet for the innovators that drive its $535 billion economy.
Sonoma
Napa SAFEGUARDING THE BAY AREA’S ONE-OF-A-KIND LANDSCAPE WILL REQUIRE A REGIONAL CONSERVATION STRATEGY BASED IN Solano CONSERVATION SCIENCE AND RIGOROUS DATA. Marin PRIORITY CONSERVATION AREAS ARE A CORNERSTONE Contra Costa OF THAT STRATEGY. SF
San Mateo PRIORITY CONSERVATION AREAS Alameda BAY AREA GREENBELT
Priority Conservation Santa Areas Clara
Bay Area's Greenbelt Lands
Priority Conservation Areas PRIORITY CONSERVATION AREAS | p2 Page 38
OUR CHERISHED LANDSCAPE We are lucky to live someplace so special. The San Francisco Bay Area is unique among
American metropolises in the stunning beauty of its landscape. Parks and trails support our health and quality of life by giving us the opportunity to get outside. Watersheds and other natural areas contribute to our resilience by providing us with clean water and air and help to protect us from disasters like flooding and landslides—threats that will only grow with climate change. The region’s farms and ranches give us fresh, healthy local food. Together our open spaces define the identity of the Bay Area and are a magnet for the innovators that drive its $535 billion economy.
The people of the Bay Area clearly cherish our special VOTER & ELECTED landscape. Through 24 bond measures and tax increases since 1988, voters across the region have approved close LEADER SUPPORT to $1.6 billion to preserve critical habitat, protect farm- FOR LANDSCAPES land, improve water quality, and create new parks. Of the region’s 3.6 million acres of open space—our green- belt—1.3 million acres have been preserved through land 24 BOND MEASURES purchases and easem*nts. An additional 2 million acres are protected through a range of growth management & TAX INCREASES policies that have been put in place by voters and elected leaders. $1.6 BILLION IN Despite our region’s success in protecting open space, the PRESERVATION, risks to our greenbelt are profound. Over 322,000 acres are at risk of development in the next 30 years. The Bay WATER QUALITY & Area will add 2 million new residents by 2040 and this PARKS growth could create pressure to weaken the growth man- agement policies that protect 60 percent of the greenbelt. Effectively safeguarding the Bay Area’s one-of-a-kind 2 MILLION ACRES landscape will require a regional conservation strategy based in the latest conservation science and rigorous data. PROTECTED BY Priority Conservation Areas (PCAs) have the potential to POLICY be a cornerstone of such a strategy. PRIORITY CONSERVATION AREAS | p3 Page 39 PRIORITY CONSERVATION AREAS | p4 Page 40
CONSERVING THE LANDSCAPE: KEY Additionally, if development does occur beyond existing TO PLAN BAY AREA urban boundaries it will require significant expenditures The preservation and stewardship of the Bay Area’s to build new roads, sewer lines, and other infrastructure. greenbelt is key to implementing Plan Bay Area. Under Such infrastructure costs would be in addition to the Plan Bay Area, the region’s next generation of growth substantial infrastructure investment needs within the is to be focused in Priority Development Areas (PDAs) region’s PDAs. Development in the greenbelt would result within our cities and towns; no development is envi- in the region’s infrastructure funds being spread too thin. sioned beyond existing urban boundaries. Because this focused growth will require Bay Area residents and work- A robust regional conservation strategy for the Bay Area ers to drive less, greenhouse gas emissions from personal is a win-win approach. It will guide the protection of the vehicles are expected to drop 16% per capita by 2035. unique open spaces that make the Bay Area so special— Development in the greenbelt that is isolated from public our parks and trails, farms and ranches, watersheds and transit and other services and amenities requires more other components of the greenbelt. Such a strategy will driving and could cause the region to fall short of Plan also serve as a driver of focused growth, ensuring that Bay Area’s greenhouse gas pollution reduction expecta- urban infrastructure dollars are spent wisely and that we tion. Farms, ranches, and natural areas also function as achieve the ambitious greenhouse gas pollution reduction carbon sinks. Trees, plants and crops growing on the goals envisioned in Plan Bay Area. landscape remove greenhouse gases from the atmosphere and store them away. Allowing development that paves over the Bay Area’s greenbelt degrades this carbon storage function.
SB375 PLAN BAY AREA
PDA PCA PROMOTES DEVELOPMENT IN THE RIGHT PLACES REDUCES GREENHOUSE GAS EMISSIONS PROMOTES HEALTHY COMMUNITIES EFFICIENT INVESTMENT OF INFRASTRUCTURE FUNDS
Priority Conservation Areas and Priority Development Areas complement each other in many ways. For example, each contrib- ute to the above goals. PRIORITY CONSERVATION AREAS | p5 Page 41
THE PRESERVATION AND STEWARDSHIP OF THE BAY AREA’S GREENBELT IS KEY TO IMPLEMENTING PLAN BAY AREA.
PRIORITY CONSERVATION AREAS: economy as well as the resilience of natural systems that WHAT ARE THEY? do everything from protect us from floods, to ensure the In 2008, local governments, special districts and conser- long-term viability of plants and animals that also call vation organizations worked together to establish the Bay the Bay Area home. Using this information to update the Area’s original Priority Conservation Areas. These PCAs PCA program will improve the program’s ability to serve consist of regionally significant open spaces about which as a cornerstone of the region’s conservation strategy. there is broad consensus for long-term protection. The PCAs are diverse and include everything from recreation THE PCA PROGRAM UPDATE areas that help Bay Area residents live healthy active The Association of Bay Area Governments (ABAG) is lifestyles, to watersheds that provide the region with high- now in the process of revising the PCA program. This quality drinking water, to farmland from which we get update will result in greater specificity about the qualities fresh, local food. The PCAs serve to attract funds to sup- and functions of different types of PCAs. To achieve this port the long-term protection of these areas. Through the specificity, ABAG has developed a new set of designa- Plan Bay Area process, the Metropolitan Transportation tions for different PCA types (similar to the “place types” Commission (MTC) established a $10 million pilot grant developed for PDAs during the Plan Bay Area process). program to help fund the protection of the PCAs. Additionally, a science-based method has been developed for evaluating nominated PCAs. The revised PCA pro- Community leaders embraced the PCA concept; cur- gram also seeks to address the need for urban parkland rently there are nearly 100 PCAs spread across the nine and providing green space in growing PDAs. Bay Area counties. The PCAs not only serve to indicate what land should be protected, they also help to articulate These modifications will greatly enhance the ability of where urbanized development is most appropriate and PCAs to contribute effectively to a regional conservation where it is not. In doing so, the PCAs help to define the strategy. holistic vision of Plan Bay Area. They serve as the under- By June 2014, ABAG will have adopted modifications to pinnings of a “greenprint” to complement the region’s the PCA Program and opened an application window that blueprint for how our cities and towns should grow. will last through May 2015. As currently recommended, Since 2008, our understanding of the Bay Area’s one-of nominations will be accepted to transition existing PCAs a-kind landscape has improved. Research and analy- into the revised program as well as for new PCAs. PCA sis now gives us a much better sense of how our farms, applications will be accepted on a rolling basis with two ranches, and working lands benefit our health and quality adoption points over the course of the year. of life. This research and analysis also helps us understand how conservation of the landscape can contribute to our PRIORITY CONSERVATION AREAS | p6 Page 42
ANALYZING THE UPDATE: REASONS TO BE EXCITED PRIORITY ABAG’s proposed revision to the PCA program is a signif- icant positive step toward ensuring the program realizes DEVELOPMENT its potential to serve as an effective guide for a regional land conservation strategy. The four “designations” AREAS AND PRIORITY (again, similar to the “place types” for PDAs)—Natural Landscapes, Agricultural Lands, Regional Recreation and CONSERVATION Urban Greening—provide a simple typology that helps to communicate how the Bay Area’s open spaces provide AREAS ARE benefits to the quality of life, economy, and resilience of the region. The new application process explicitly requires ESSENTIAL PILLARS applicants to use data from a rich set of information TO A SUSTAINABLE, sources to articulate the benefits of proposed PCAs. This commitment to an evidence-based approach will help to THRIVING BAY AREA. ensconce conservation-science and an understanding of conservation priorities into land-use planning across the Bay Area. councils or boards of supervisors when they were initially approved, such resolutions should not be necessary to The addition ofthe Urban Greening designation is an transition existing PCAs into the revised program. exciting recognition that nature in urban areas matters. To most effectively contribute to the region’s conserva- MAKING IT HAPPEN tion strategy, Urban Greening PCAs should contribute The Priority Development Areas and the Priority Conser- to regionally significant functions; functions such as vation Areas are two essential pillars in the effort to make contributions to regional agricultural, natural resource the Bay Area a sustainable, thriving region in the decades conservation, ecosystem protection, or the enhancement ahead. These two programs knit together the region’s land of scenic or recreational values. use and transportation priorities and provide clear guid- ance on how to best focus limited intellectual and finan- Transitioning the existing PCAs into the new program is cial resources. Both programs help local leaders ensure critical. These areas are a solid foundation upon which that our cities and towns are healthy and thriving and are an even better program will be built. The original PCAs supported by the amazing assets nature provides. Effec- demonstrate the shared values regarding our landscape tive implementation of the Priority Conservation Area that exist across the Bay Area and a broad recognition of program must be prioritized in order to fully achieve the the many benefits our natural and working lands provide vision of a sustainable and thriving region articulated in (maps at the end of the document demonstrate how cur- Plan Bay Area. The conservation community, from land rent PCAs overlap with open space benefits). The original trusts to special districts to local and regional non-profits, PCAs were adopted without requiring resolutions from is ready to work with local leaders to effectively imple- city councils or boards of supervisors. A testament to the ment the PCA program, as well as use the plethora of level of consensus that exists around the original PCAs is data and analysis that now exists regarding the Bay Area’s that none have been challenged since they were adopted. landscape to help make land-use decisions with conserva- Since existing PCAs did not require approval from city tion in mind. PRIORITY CONSERVATION AREAS | p7 Page 43
The following are recommendations for how both local RECOMMENDATIONS FOR ABAG leaders and the Association of Bay Area Governments ABAG should continue to play a leadership role by can ensure the implementation of the PCA program is providing support and guidance to local leaders as they successful—not only in the near-term as the program submit PCA applications. As the PCA program is imple- is updated and new PCAs are nominated and reviewed, mented ABAG can take the specific following actions to but over the long-term as the PCAs anchor the region’s help ensure that conservation strategies are effectively conservation strategy. implemented throughout the region.
RECOMMENDATIONS FOR LOCAL • Facilitate access to online data that will allow users to LEADERS identify the specific benefits a particular geographic The first thing local leaders can do to maximize the suc- area contains. cess of the PCA program is to support the immediate • Develop a system to track how well communities inclusion of existing PCAs into the new framework. across the region are achieving conservation goals. • Provide technical assistance to facilitate connection Additionally, local leaders should work with land man- of conservation funds with appropriate projects. agement agencies and public health groups to identify new PCAs and make sure they are adopted. • Support policy innovation as a strategy to pro- tect PCAs and implement regional conservation Also, local leaders should feel empowered to take the con- strategies. servation science that will be used to modify and create • Continue to support the State Coastal Conservancy’s PCAs and use those tools broadly in land-use decision management of the region-wide OBAG conservation making. Steps can be taken such as: grant program. • Factor in the impacts/benefits of natural resources, • Scale local efforts to map urban greening benefits to working lands, and parks as a baseline for infrastruc- produce a regional strategy. ture plans, programs, and project decisions. • Consider “green infrastructure” as a viable solution to infrastructure challenges, such as water quality control and sea-level rise adaptation. • Establish agricultural land preservation strategies that ensure a critical mass of land for the production, processing, and distribution of local food. • Ensure conservation best practices are integrated into the implementation of development and infrastruc- ture projects. PRIORITY CONSERVATION AREAS | p8 Page 44
Sonoma
Napa
Solano
Marin
Contra Costa SF
Natural Alameda San Landscapes Mateo
Values: Land and Water Habitat, Recreation and Tourism Santa Clara Strategy: Safeguarding and restoring natural ecosystems.
Conservation Lands Network
Wildlife Habitat that is Essential, Important, Fragmented and For Further Consideration; Critical Linkages Priority Conservation Areas
Sources: Bay Area Open Space Council, SC Wildlands PRIORITY CONSERVATION AREAS | p9 Page 45
Sonoma
Napa
Solano
Marin
Contra Costa SF
Agricultural Alameda San Lands Mateo
Values: Food Production, Jobs, Rural Character Santa Clara Strategy: Ensure agricultural lands remain in production.
Farmland Mapping and Monitoring Program
Farmland and Grazing Land
Priority Conservation Areas
Source: CA Department of Conservation PRIORITY CONSERVATION AREAS | p10 Page 46
Sonoma
Napa
Solano
Marin
Contra Costa SF Regional Recreation Alameda Values: Health, Recreation, Tourism, Land Value San Strategy: Mateo Provide residents with access to parks and recreational open space.
Regional Trails and Parks Santa Proposed Regional Trail Inside PCA Clara
Proposed Regional Trail Outside PCA
Existing SF Bay Trail and SF Ridge Trail
Publicly Accessible Protected Lands
Priority Conservation Areas
Sources: SF Bay Trail, SF Ridge Trail, PCA Trails, Protected Areas Database, National Conservation Easem*nt Database PRIORITY CONSERVATION AREAS | p11 Page 47
CONTACTS
Jeremy Madsen, Executive Director Greenbelt Alliance [emailprotected] | 415-543-6771 x310
Jennifer Fox, Executive Director Bay Area Open Space Council [emailprotected] | 510-809-8009 x254
Elizabeth O’Donoghue, Director of Infrastructure and Land Use The Nature Conservancy [emailprotected] | 415-281-0436
Ed Thompson, California Director & Senior Associate American Farmland Trust [emailprotected] | 530-564-4422 Page 48
TOGETHER OUR OPEN SPACES DEFINE THE IDENTITY OF THE BAY AREA AND ARE A MAGNET FOR THE INNOVATORS THAT DRIVE ITS $535 BILLION ECONOMY. ·· ... ::·-"' . Page 49 .... ··.
(.\ ; . ' ·, ...... ·· .. ,_ . . !t'•' . ... / ~.. ·~ - •' •.' \--·-':-.---. .. -·.''-- \<. .... ,-:_ ·...... ___ .:-./: -··; .... ····:;·.-(-\.:,-·· ···~< ·-,--.-""
.------::-.. ~}-:~:-. \~:.-:,__ . ·- - .~--. -. . -... :. ... · :.-:. :·· ·.: -~·- (::. ~ .. -. .·--· ' .··· ' .. ..·· <:::-----• ·PaiQ·Ait(/ ·- --~ ' ----:.- Foothills . - Park ·.-.~.-;_,,.-::·:
/ j
. -' -. -·.. -~
',
0. .. ··· . ~-. ';. ....__ ·--- 0 0 .:· 0 Hidden Villa .. , ... \ :' l
.·
\
\
Proposed PCA Within Town of Portola Valley and its Sphere of Influence Midpeninsula Regional Proposed PCA - Midpen Preserves Open Space District (inlcludes Midpen lands only) (Midpen) Town of Portola Valley Private Property
Town of Portola Valley February, 2015 Sphere of Influence Miles -----=====::J ·- (Unincorporated San Mateo County) 0 0.475 tures. Page 50
MEMORANDUM
TOWN OF PORTOLA VALLEY
______
TO: Mayor and Members of the Town Council
FROM: Leigh F. Prince, Town Attorney
DATE: February 17, 2015
RE: Personnel Policies Manual
RECOMMENDATION: Review the proposed Town of Portola Valley Personnel Policies Manual (“Personnel Manual”) which has been revised for consistency, clarity, to reflect current Town practice and to comply with current law and approve a resolution adopting the Personnel Manual.
BACKGROUND: The Personnel Manual was last updated in January 2012. In light of recent changes to the work week, the Town Manager and Town Attorney, with the assistance of outside counsel specializing in labor law, reviewed and revised the Personnel Manual not only to address the changing work week, but also to update the document as a whole. Town staff was provided with a draft of the proposed updated Personnel Manual and had the opportunity to review a summary of the more significant changes and ask questions in advance of the Council’s review.
DISCUSSION: A number of changes have been made to the Personnel Manual for consistency, clarity, to reflect current Town practice or to comply with current law. The attached draft of the Personnel Manual highlights the changes that were made. Minor changes such as capitalizing defined terms or changes for consistency have not been highlighted. The following is a list of the highlighted changes that were made to the Personnel Manual:
1. Section 1.3 has been revised to allow the Personnel Manual to be reviewed at reasonable intervals, rather than annually. 2. Section 5.5 allows recruitments to remain open until filled.
1 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\manual changes-council mem.docx
Page 51
3. Section 5.7 distinguishes between Town-hired temporary employees and those supplied by a staffing agency. 4. Section 6.2 was revised for consistency with both legal requirements and current practice. Requests for accommodation may be verbal and therefore, the requirement that they be in writing was removed. Language was added regarding the process for determining reasonable accommodation. Those situations in which a fitness for duty examination may be required was updated for consistency with other sections of the Personnel Manual. 5. Section 6.3 was reorganized for clarity as follows: (a) purpose; (b) policy; (c) definitions; and (d) procedures. The section was also updated to comply with the California Fair Employment and Housing Act (e.g. legally required training). 6. Section 6.4 identifies that for complaints relative to the Town Manager, the Town Attorney rather than the Mayor will address complaints (this change was also made in Section 11.1 regarding work related complaints). Section 6.4 was also updated to comply with the California Fair Employment and Housing Act (e.g. privacy). 7. Section 7.1 has been updated to reflect the recent change to a 40 hour work week. 8. The requirement to submit time cards has been deleted from Section 7.2 because it is not the Town’s practice to use time cards. The previous Section 14.2.2 has also been deleted for that reason. The only section where a time card is necessary is Section 8.3.3.4 regarding call-back time. 9. The definition of immediate family in Section 7.3 was revised for consistency with Labor Code Section 245.5(c). 10. Section 7.4 was revised for consistency with the new state sick leave law (AB 1522) and to indicate a doctor’s verification may be required for absences of more than three consecutive days. 11. Section 7.6 allows for the Town Manager to grant an exception to vacation leave that will result in a leave balance deficit. With regard to the sale of accrued vacation hours, the election must be made by April 31 and the payout will occur no later than May 31. 12. In Section 7.7, payment for jury services has been limited to 15 working days, which should cover most jury service, but limits the burden on a small town in the event an employee is required to serve on an unusually long trial. 13. Section 7.9 was updated to comply with Military and Veterans Code Section 395.01. 14. Section 7.12 was updated to comply with law regarding pregnancy disability leave and Section 13.13 was updated regarding lactation accommodation. 15. Section 7.13 was revised such that a leave of absence without pay is not to exceed two rather than four months because a four month leave can be a burden for a small employer like the Town. 16. Previous Section 7.20, leave to participate in school related activities, has been removed as it does not legally apply to employers with less than 25 employees. 17. Section 7.17 has been revised to identify those family members to whom coverage legally applies.
2 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\manual changes-council mem.docx
Page 52
18. Section 13.1 was re-written to be current with modern technology and the previous Section 20.4 was deleted as unclear. 19. Previous Section 15.27 regarding rental of Community Hall has been removed; the reduced rental rate will be reflected in the Community Hall Usage Policy. 20. In Section 13.5.3 regarding automobiles, the appendixes have been removed from the Personnel Manual, but remain on file, and employees are now required to provide proof of insurance each January, and may also be required to submit proof of insurance anytime upon request. 21. A new Section 13.6 indicating the Town is a fragrance-free workplace has been added. 22. Section 13.9 was revised to update the definition of drugs and address prescription and over-the-counter medication.
These changes bring the Town’s Personnel Manual up to date with current best practices and the law. If the proposed revisions are approved, the Personnel Manual is not required to be reviewed and approved annually, but will be reviewed at reasonable intervals or if changes in the law or best practices arise that necessitate changes to the document.
Attachments: 1. Town of Portola Valley Personnel Policies (with highlights reflecting the above listed changes) 2. Resolution of the Town Council of the Town of Portola Valley Adopting the Town of Portola Valley Personnel
cc: Town Manager
3 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\manual changes-council mem.docx
Page 53
TOWN OF PORTOLA VALLEY
PERSONNEL POLICIES MANUAL
Revised: February 2015
Page 54
TABLE OF CONTENTS
Page
SECTION 1 GENERAL PROVISIONS ...... 1 1.1 COVERAGE ...... 1 1.2 ADOPTION ...... 1
1.3 REVIEW AND AMENDMENT ...... 1 1.4 VIOLATION ...... 1 SECTION 2 DEFINITION OF TERMS ...... 1 2.1 “CLASSIFICATION”: ...... 1
2.2 “COMPENSATION PLAN”: ...... 2 2.3 “DEMOTION”: ...... 2 2.4 “EMPLOYEE”: ...... 2
2.5 “FULL-TIME POSITION”: ...... 2
2.6 “MANAGEMENT EMPLOYEE”: ...... 2 2.7 “OVERTIME”: ...... 2
2.8 “PART-TIME POSITION”: ...... 2 2.9 “POSITION”: ...... 2 2.10 “PROMOTION”: ...... 2
2.11 “REINSTATEMENT”: ...... 2
2.12 “REGULAR EMPLOYEE”: ...... 3
2.13 “SUPERVISOR” OR “SUPERVISORY EMPLOYEE”: ...... 3
2.14 “SUSPENSION” ...... 3
2.15 “TEMPORARY EMPLOYEE”: ...... 3 2.16 “TERMINATION”: ...... 3 2.17 “TOWN”: ...... 3
2.18 “TOWN MANAGER”: ...... 3
i Page 55
2.19 “TOWN COUNCIL”: ...... 3 2.20 “TRANSFER”: ...... 3 2.21 “WORKWEEK”: ...... 3 SECTION 3 MANAGEMENT RIGHTS ...... 3 SECTION 4 CLASSIFICATION ...... 4
4.1 PREPARATION AND MAINTENANCE OF CLASSIFICATION PLAN ...... 4
4.2 ADOPTION OF PLAN ...... 4
4.3 NEW POSITIONS ...... 5 4.4 RECLASSIFICATION ...... 5 SECTION 5 THE SELECTION AND APPOINTMENT PROCESS ...... 5
5.1 METHODS FOR FILLING VACANCIES ...... 5
5.2 PUBLICATION OF VACANCIES ...... 5
5.3 APPLICATION FORMS ...... 6
5.4 DISQUALIFICATION OF APPLICATIONS ...... 6
5.5 SELECTION PROCESS ...... 7 5.6 PROMOTIONS ...... 7
5.7 TEMPORARY POSITIONS EXEMPT ...... 7 5.8 APPOINTMENTS ...... 8 SECTION 6 EQUAL OPPORTUNITY EMPLOYMENT ...... 8
6.1 EQUAL EMPLOYMENT OPPORTUNITY POLICY ...... 8
6.2 REASONABLE ACCOMMODATION POLICY ...... 8
6.3 POLICY AGAINST HARASSMENT, DISCRIMINATION, AND RETALIATION ...... 10
6.4 COMPLAINT PROCEDURE ...... 13 SECTION 7 ATTENDANCE AND LEAVES OF ABSENCE ...... 15 7.1 WORKWEEK ...... 15
7.2 ATTENDANCE REQUIREMENTS ...... 15 7.3 DEFINITIONS ...... 15
ii Page 56
7.4 SICK LEAVE ...... 16 7.5 HOLIDAYS ...... 17 7.6 VACATION ...... 17
7.7 JURY DUTY AND WITNESS LEAVE ...... 18
7.8 BEREAVEMENT LEAVE ...... 19
7.9 MILITARY LEAVE ...... 19
7.10 WORKERS’ COMPENSATION BENEFITS AND INDUSTRIAL ACCIDENT LEAVE ...... 20
7.11 ADMINISTRATIVE LEAVE ...... 20
7.12 PREGNANCY DISABILITY LEAVE AND ACCOMMODATION ...... 20
7.13 LEAVE OF ABSENCE WITHOUT PAY ...... 22
7.14 CATASTROPHIC LEAVE ...... 22
7.15 VOTING LEAVE ...... 23
7.16 TIME OFF TO APPEAR IN SCHOOL ...... 23
7.17 LEAVE FOR CRIME VICTIMS ...... 23
7.18 TIME OFF FOR VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING ...... 23 SECTION 8 COMPENSATION AND PAYROLL PRACTICES ...... 24
8.1 COMPENSATION PLAN ...... 24 8.2 PAYROLL ...... 25
8.3 OVERTIME AND OTHER COMPENSABLE TIME ...... 25
8.4 MEAL PERIOD/ BREAKS ...... 27
8.5 ELIGIBILITY FOR BENEFITS ...... 27 SECTION 9 PERFORMANCE EVALUATIONS ...... 28 SECTION 10 DISCIPLINE ...... 29
10.1 DISCIPLINARY ACTIONS ...... 29
10.2 GROUNDS FOR DISCIPLINE ...... 30 SECTION 11 RESOLUTION OF WORK-RELATED COMPLAINTS ...... 32
iii Page 57
11.1 PROCEDURE ...... 32 SECTION 12 TRANSFER, RESIGNATION, ABANDONMENT, LAYOFF AND REINSTATEMENT ...... 32 12.1 TRANSFER ...... 32 12.2 RESIGNATION ...... 33
12.3 JOB ABANDONMENT ...... 33
12.4 LAYOFF POLICY AND PROCEDURE ...... 33 12.5 REINSTATEMENT ...... 34 SECTION 13 MISCELLANEOUS POLICIES ...... 34
13.1 OUTSIDE EMPLOYMENT ...... 34
13.2 CONFLICTS OF INTEREST ...... 35
13.3 RECORDS AND REPORTS ...... 36
13.4 USE OF TOWN ELECTRONIC EQUIPMENT AND COMMUNICATIONS SYSTEMS ...... 37
13.5 USE AND OPERATION OF TOWN-OWNED VEHICLES AND MOTORIZED EQUIPMENT ...... 42
13.6 FRAGRANCE-FREE WORKPLACE ...... 46
13.7 EMPLOYEE DRESS CODE ...... 47
13.8 NEPOTISM POLICY ...... 47
13.9 POLICY PROHIBITING THE USE OF DRUGS AND ALCOHOL ...... 48
13.10 NON-SMOKING POLICY ...... 52
13.11 GIFTS AND GRATUITIES ...... 52
13.12 VIOLENCE PREVENTION POLICY ...... 53
13.13 LACTATION ACCOMMODATION ...... 55
iv Page 58
SECTION 1 GENERAL PROVISIONS
1.1 COVERAGE
This Personnel Policy Manual (“Manual”) establishes the personnel system for the Employees of the Town of Portola Valley. All Town Employees serve at the will of the Town Manager, and nothing in this Manual creates any right, contractual or otherwise, to continued employment.
In addition, the provisions of Section 6.3, Policy Against Harassment, Discrimination and Retaliation, also apply to all elective officers and their duly appointed deputies, members of appointive boards, commissions and committees, persons engaged under contract, and volunteer personnel.
1.2 ADOPTION
The Town Council of the Town of Portola Valley adopts this Manual pursuant to Resolution No. ______, and supersedes and replaces any previous Town policies or regulations related to personnel issues.
1.3 REVIEW AND AMENDMENT
This Manual will be reviewed at reasonable intervals to ensure compliance with state and federal employment laws. The Town Manager may recommend amendments and revisions to this Manual, which will become effective when adopted by the Town Council. Each Employee will receive a copy of any substantive changes to this Manual within thirty (30) days of its adoption.
1.4 VIOLATION
Violation of any of the provisions of this Manual constitutes grounds for rejection of applicants or discipline of Employees, including but not limited to suspension, demotion or termination.
SECTION 2 DEFINITION OF TERMS
2.1 “Classification”: All positions that are sufficiently similar in duties, responsibilities, and working conditions to permit grouping under a common classification with a
1 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 59
common title, and to permit equitable application of common standards of selection, transfer, promotion, and salary. Classifications are set forth in the Classification Plan.
2.2 “Compensation Plan”: The assignment by Town Council Resolution of salary ranges and/or salary rates.
2.3 “Demotion”: The movement of an Employee from one position to another that has a lower maximum rate of pay.
2.4 “Employee”: Any person hired to work for the Town for compensation in a position directly supervised by or on behalf of the Town Manager. Employees do not include, however, independent contractors, Council members and members of Town Committees and Commissions, whether or not compensated, or persons supplied by temporary staffing agencies.
2.5 “Full-Time Position”: A position having a minimum Workweek of forty (40) hours per week.
2.6 “Management Employee”: An Employee who holds a position designated as “management”. Employees in the following job classifications are considered Management Employees: Town Manager, Assistant to the Town Manager; Public Works Director, Planning Director; other positions designated as management positions by the Town Council through job classification specifications without amendment to this Manual.
2.7 “Overtime”: Hours worked that are required and authorized in excess of forty (40) hours in a Workweek. For the purpose of determining overtime, “hours worked” is only time actually spent working for the Town and does not include leave time.
2.8 “Part-Time Position”: A position having a Workweek of fewer hours than the Workweek established for full-time positions in the class.
2.9 “Position”: A particular job assignment that includes certain duties and responsibilities assigned to a single Employee and performed on either a full-time or part-time basis.
2.10 “Promotion”: The movement of an Employee from one position to another that has a higher maximum rate of pay.
2.11 “Reinstatement”: The re-employment without examination of a former Employee.
2 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 60
2.12 “Regular Employee”: A non-Temporary Employee.
2.13 “Supervisor” or “Supervisory Employee”: Any individual having the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other Employees, or the responsibility to direct them, or to address their grievances, or effectively to recommend any of these actions. Supervisor or Supervisory Employee includes, but is not limited to, Management Employees.
2.14 “Suspension”: The temporary separation from Town service, without pay, for disciplinary purposes, of an Employee.
2.15 “Temporary Employee”: An Employee of limited duration.
2.16 “Termination”: The separation of an Employee from Town service because of retirement, resignation, layoff, death or at-will termination.
2.17 “Town”: The Town of Portola Valley.
2.18 “Town Manager”: The Employee appointed by the Town Council to assume full management responsibility for all Town operations, which, for purposes of this Manual, includes direct supervision over all Employees.
2.19 “Town Council”: The elected legislative body of the Town.
2.20 “Transfer”: A change of an Employee from one position to another position in the same class or in a comparable class with the same maximum rate of pay.
2.21 “Workweek”: The work period beginning Sunday at midnight and ending the following consecutive Sunday at midnight. The Town Manager may assign a different workweek when it is deemed to be beneficial to the Town.
SECTION 3 MANAGEMENT RIGHTS
The Town retains all of its powers and authority to manage municipal services and the work force performing those services, including but not limited to, the following rights to:
1. Determine and modify the organization and administration of Town government and its constituent work units.
2. Determine the nature, standards, levels and mode of delivery of services to be offered to the public.
3 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 61
3. Determine the methods, means, and numbers and kinds of personnel by which services are to be provided.
4. Determine whether goods or services shall be made or provided by the Town, or shall be purchased, or contracted for.
5. Direct Employees on all issues, including but not limited to scheduling and assigning work, work hours, and overtime.
6. Establish and require compliance with Employee performance standards.
7. Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline Employees subject to the requirements of applicable law.
8. Implement rules, regulations, and directives consistent with law.
9. Take all necessary actions to protect the public and carry out its mission in emergencies.
SECTION 4 CLASSIFICATION
4.1 PREPARATION AND MAINTENANCE OF CLASSIFICATION PLAN
The Town Manager determines and records the duties and responsibilities of all positions and prepares and maintains the Classification Plan to be approved by the Town Council. The Classification Plan consists of a list of every classification in use by the Town. The Classification Plan contains, as an addendum, job descriptions for each position, including the class title, a description of the position, examples of typical duties and responsibilities, a description of abilities and other qualifications for the position and salary ranges and/or salary rates.
4.2 ADOPTION OF PLAN
Town Council approval of the Classification Plan is required before the Classification Plan or any part of it becomes effective. The Classification Plan will be amended or revised in the same manner.
4 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 62
4.3 NEW POSITIONS
When a new position is created by Town Council action, before it may be filled, and except as otherwise provided by the Municipal Code or this Manual, no person will be appointed or employed to fill it until the Classification Plan has been amended.
4.4 RECLASSIFICATION
Reclassification is the reassignment of a position from one class to a different class in accordance with a re-evaluation of the minimum qualifications, duties and responsibilities of the position. When the duties of a position have materially changed so that reclassification is necessary, the Town Manager will, subject to Town Council approval, allocate the position to a more appropriate class, whether new or already created. Reclassification will not be used as a pretext for demotion or promotion.
SECTION 5 THE SELECTION AND APPOINTMENT PROCESS
5.1 METHODS FOR FILLING VACANCIES
Position vacancies may be filled by a closed, promotional process, an open, competitive process, or by a process that is both open and promotional. Vacancies may also be filled by re-employment, transfer or demotion.
The Town Manager determines whether and in what manner vacancies for all positions (other than that of the Town Manager) are to be filled. The Town Council determines the manner in which a vacancy in the Town Manager position will be filled.
5.2 PUBLICATION OF VACANCIES
Openings may be publicized by placing an appropriate classified advertisem*nt regarding the position in one or more regional publications of general circulation; by posting announcements on recruitment websites and/or bulletin boards; and by other recruiting activities that the Town Manager deems necessary or advisable to fill a particular position in a way that meets the Town’s goal of obtaining the most qualified Employees.
The announcement may include: title and pay for the position; the nature of the work to be performed; the minimum qualifications; the essential functions of the
5 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 63
position; the method of applying; the closing date for the application; and other information the Town Manager deems necessary or advisable.
5.3 APPLICATION FORMS
Applicants must submit completed job applications provided by the Town.
5.4 DISQUALIFICATION OF APPLICATIONS
The Town Manager may reject an application or, after examination, may disqualify the applicant, if the applicant:
1. Made false, deceptive, or fraudulent statements in declarations or in securing eligibility appointment;
2. Is found to lack any of the requirements, certifications, or qualifications for the position involved;
3. Is physically or psychologically unfit for the performance of the position duties because of reasons, including, but not limited to, impairment caused by current abuse of alcohol or drugs, and cannot be reasonably accommodated;
4. Has been convicted of either a misdemeanor or a felony (including a plea of no contest) that relates to the position duties that the applicant would perform;
5. Used or attempted to use inappropriate political pressure or bribery to secure an advantage in the examination or appointment;
6. Directly or indirectly obtained information regarding examinations;
7. Failed to submit the employment application correctly or within the prescribed time limits;
8. Has had his/her privilege to operate a motor vehicle in the State of California suspended or revoked, if having it is a job requirement; and/or
9. For any reason that in the judgment of the Town Manager would render the applicant unfit for the position.
6 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 64
5.5 SELECTION PROCESS
After the time limit for receiving applications for a particular position has expired, the Town Manager will determine the total number of applicants who meet the minimum qualifications for the position, or other job-related screening criteria. The chosen applicants will then be allowed to participate further in the selection process.
The Town Manager will establish the particular selection process for each position. The Town Manager may prepare and administer or contract with any competent agency or individual for the administration of any part of the selection process, as s/he deems most appropriate.
Each applicant who participates in an interview will be notified of the interview results.
The Town Manager retains the right to keep recruitments “open until filled.”
5.6 PROMOTIONS
Only Employees who meet the requirements for the classification set forth in the promotional announcements may be admitted to promotional interviews.
Promoted Employees shall receive a rate of pay that is at least equal to or higher than the Employee’s present rate of pay.
5.7 TEMPORARY POSITIONS EXEMPT
The Town may hire Employees on a temporary basis, usually for a period of one hundred eighty (180) days, without regard to the requirements of this Section. The Town may extend the period of a temporary position for up to an additional one hundred eighty (180) days, but the Temporary Employee may not work more than one thousand (1,000) hours in a fiscal year.
The above restriction does not apply to staff supplied by temporary staffing agencies, or to Temporary Employees hired in response to an emergency condition, such as a flood, earthquake, or other public calamity that threatens public health, safety or welfare. Such Employees may be employed for the duration of the emergency in order to protect public health, safety and welfare.
7 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 65
5.8 APPOINTMENTS
The Town Manager makes final appointments. The Town Manager has the authority to approve or disapprove appointment of Employees in accordance with the Municipal Code and this Manual.
The person accepting appointment reports to the Town Manager on the date designated. Otherwise, the applicant is deemed to have declined the appointment.
SECTION 6 EQUAL OPPORTUNITY EMPLOYMENT
6.1 EQUAL EMPLOYMENT OPPORTUNITY POLICY
The Town does not discriminate against qualified Employees or applicants for employment on the basis of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), gender, gender identity, gender expression, national origin, ancestry, citizenship, age, marital status, physical disability, mental disability, medical condition, genetic characteristics, sexual orientation, military and veteran status, or any other basis protected by law. The Town will afford equal employment opportunity to all qualified Employees and applicants as to all terms and conditions of employment, including compensation, hiring, training, promotion, transfer, discipline and termination.
6.2 REASONABLE ACCOMMODATION POLICY
6.2.1 POLICY
The Town provides employment-related reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act and the Americans with Disabilities Act.
6.2.2 PROCEDURE FOR OBTAINING REASONABLE ACCOMMODATION
An Employee or applicant with a disability who needs reasonable accommodation in the application process or in order to perform essential job functions should make such request to the Town Manager. Once the Town Manager receives or is made aware of the request, the Town Manager or his/her designee may require the Employee or applicant to submit additional information in writing,
8 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 66
including medical certification from a health care provider supporting the need for accommodation.
Once it is determined that the Employee or applicant has a qualifying disability, the Town will discuss with the Employee or applicant to determine if and how reasonable accommodation can be made. The purpose of this discussion is to timely communicate in good faith to understand restrictions or limitations on an Employee’s ability to perform essential job functions or an applicant’s ability to participate in the application process, and to fully consider all potential reasonable accommodations. The refusal or failure of an Employee or applicant to participate or cooperate in this discussion may result in denial of accommodation. Any information relating to the Employee’s or applicant’s request for accommodation shall be kept confidential to the extent required by law and shall be kept in a file separate from applicant and personnel files.
The Town determines, in its sole discretion, whether reasonable accommodation(s) can be made, and the type of accommodation(s) to provide. The Town will not provide accommodation(s) that would pose an undue hardship upon the Town’s finances or operations, that would endanger the health or safety of the Employee or others, or that would eliminate an essential job function. The Town will inform the Employee of its decision as to reasonable accommodation(s) in writing.
6.2.3 FITNESS FOR DUTY EXAMINATIONS
The Town Manager may require a fitness for duty examination in any of the following situations: (a) to determine whether the Employee can perform the essential functions of the job with or without accommodation, if the examination is job-related and consistent with business necessity; (b) to examine an applicant who has received an offer of employment, if that offer is conditioned only on the successful completion of the examination; and (c) for other reasons that the Town deems to be job-related and consistent with business necessity. The Town Manager may require that a Town-approved physician conduct the examination. The Town will pay for fitness for duty examinations that it initiates.
9 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 67
6.3 POLICY AGAINST HARASSMENT, DISCRIMINATION, AND RETALIATION
6.3.1 PURPOSE
The purpose of this policy is to establish a strong commitment to prohibit harassment, discrimination, or retaliation in employment, to define discrimination, harassment, and retaliation, and to set forth a procedure for investigating and resolving such complaints.
6.3.2 POLICY
The Town prohibits and will not tolerate any harassment or discrimination on the basis of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), gender, gender identity, gender expression, national origin, ancestry, citizenship, age, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, military and veteran status, or any other basis protected by law (“Protected Status”). This policy prohibits harassment against Employees, applicants, unpaid interns, volunteers and independent contractors by other Employees, officers, elected officials, volunteers, independent contractors, vendors, and anyone with whom the Town engages in business with. Violations of this policy may result in disciplinary action up to and including termination of employment.
The Town Council may discipline commissioners and committee members who are found to have violated this policy.
This policy also protects Employees from retaliation, as described in Section 6.3.6.
All Employees will receive training regarding this policy within the first six (6) months of hire, and, on a recurring basis, no less than every three (3) years thereafter. Employees in a Supervisory position will receive training regarding this Policy on a recurring basis, no less than every two (2) years following the initial post-employment training.
6.3.3 SEXUAL HARASSMENT
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other visual, verbal, or physical conduct of a sexual nature when: (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s
10 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 68
employment; (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.
Sexual harassment may include a range of behaviors and may involve individuals of the same or different gender. Sexually harassing conduct need not be motivated by sexual desire. Examples of sexual harassment may include, but are not limited to:
1. Physical conduct including unwelcome touching, intentionally blocking normal movement, pinching, patting, or coerced sexual conduct;
2. Verbal conduct including making derogatory comments, sexually explicit jokes, slurs, sexual innuendo and insults, or comments about an individual’s body or dress;
3. Visual conduct including leering, or displaying sexually oriented posters, photography, cartoons, drawings, emails, or gestures;
4. Offering employment benefits in exchange for sexual favors; and
5. Making or threatening reprisals after a negative response to sexual advances.
6.3.4 HARASSMENT BASED ON OTHER PROTECTED STATUS
Harassment on the basis of other Protected Status is also prohibited. Such harassment includes physical, verbal, and visual conduct when 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.
6.3.5 DISCRIMINATION
Discrimination means treating a person differently or subjecting a person to different treatment due to a person’s actual or perceived Protected Status in a way that adversely affects the person’s employment. Such treatment may include, but is not limited to, refusing to hire or employ a person; discharging a person from employment; refusing to select for or discharging a person from a
11 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 69
training program leading to employment; or treating a person differently in compensation or with regard to other terms, conditions, or privileges of employment
6.3.6 RETALIATION
The Town prohibits Employees and Town officials, officers, volunteers and contractors from taking any Adverse Action against an Employee, officer, volunteer, contractor, or applicant because s/he in good faith engaged in a Protected Activity.
“Protected Activity” may include, but is not limited to, any of the following:
1. Filing a complaint with a federal or state agency
2. Participating in or cooperating with a federal or state enforcement agency that is conducting an investigation of the Town regarding alleged unlawful activity
3. Testifying as a party or witness regarding alleged unlawful activity
4. Associating with another Employee who is engaged in a Protected Activity
5. Making or filing a complaint regarding alleged unlawful activity
6. Calling a governmental agency’s “Whistleblower hotline”
“Adverse Action” may include, but is not limited to, any of the following:
1. Real or implied threats of intimidation to attempt or prevent an individual from reporting alleged wrongdoing or because of Protected Activity
2. Refusing to hire an individual because of Protected Activity
3. Denying promotion to an individual because of Protected Activity
4. Taking any form of disciplinary action because of Protected Activity
12 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 70
5. Altering work schedules or work assignments because of Protected Activity
6. Condoning hostility and criticism of co-workers and third parties because of Protected Activity.
Employees and officers in violation of this policy will be subject to discipline, up to and including termination. Any elected official or contractor in violation of this policy will be subject to appropriate sanctions.
6.4 COMPLAINT PROCEDURE
6.4.1 FILING
An Employee or applicant who believes s/he has been denied an equal employment opportunity or reasonable accommodation, or has been harassed, discriminated, or retaliated against is strongly encouraged to make a complaint to his/her immediate Supervisor, any other Supervisor, or the Town Manager, as soon as possible. Any Supervisor who receives a harassment, discrimination, or retaliation complaint must immediately notify the Town Manager.
If the complaint concerns the Town Manager, the Employee may make a complaint to the Town Attorney or designee, who shall perform the functions of the Town Manager with respect to these complaint procedures.
Nothing in this policy is intended to impair an Employee’s or applicant’s right to pursue other remedies, including filing a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) (www.eeoc.gov) or California Department of Fair Employment and Housing (www.dfeh.ca.gov).
6.4.2 INVESTIGATION
The Town takes a proactive approach with potential policy violations and will investigate potential harassment, discrimination, or retaliation, whether alleged in a complaint or if the Town’s officers or Supervisory Employees become aware of such potential violations.
Upon awareness or notification of the complaint, the Town Manager or his/her designee will assign an investigator to gather facts and make
13 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 71
factual findings concerning the allegations in the complaint. All Employees are required to cooperate with the investigator.
The Town Manager may take interim action to maintain the integrity of the investigation, maintain normal business operations, and to protect the complainant or witnesses.
The investigator will review the complaint allegations. The investigation will normally include interviews with the reporting individual, the accused, and any other person who is believed to have relevant knowledge concerning the allegations.
The investigator will provide a written report to the Town Manager. Giving consideration to all factual information and the totality of the circ*mstances, the Town Manager will determine whether the Town’s policies have been violated, or whether discrimination, harassment or retaliation occurred, and, will promptly notify the complainant and the accused, in writing, when the investigation has concluded.
6.4.3 REMEDIAL ACTION
After the investigation has concluded, the Town Manager will make the final determination as to whether harassment, discrimination, and/or retaliation has occurred and will take prompt and effective remedial action pursuant to Section 10.1, Disciplinary Actions, of this Manual. The remedial action will be commensurate with the severity of the offense and will not be communicated to the complainant.
6.4.4 PRIVACY
While complete confidentiality is not possible, the investigation will be conducted in a manner that ensures, to the extent feasible, the privacy of the parties involved. The Town Manager, the Town Attorney, and Employees are required to maintain confidentiality of the investigation.
Individuals interviewed during the investigation are prohibited from discussing the substance of the investigatory interview with others, except as otherwise directed by the Town Manager. Any individual who discusses the substance of an investigatory interview may be subject to discipline.
An investigation report will not be disclosed except as the Town Manager deems necessary to support a disciplinary action, to take
14 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 72
remedial action, to defend the Town in adversarial proceedings, or to comply with the law or a court order.
SECTION 7 ATTENDANCE AND LEAVES OF ABSENCE
7.1 WORKWEEK
The normal workweek for Employees in a Full-Time Position is forty (40) hours, worked in units of eight (8) hours per workday.
7.2 ATTENDANCE REQUIREMENTS
Employees must be in attendance at their work locations during the hours assigned by the Town Manager. Any unauthorized absence may be cause for disciplinary action, up to and including termination.
The Town provides several types of leave accruals as a benefit for Regular Employees. Employees are responsible for the management and appropriate use of their leave balances.
Except in extraordinary circ*mstances, an Employee who is unable to report for work at the beginning of his or her established workday or shift must notify his/her immediate Supervisor or the Town Manager with as much notice as possible before commencement of the shift.
7.3 DEFINITIONS
7.3.1 “Immediate Family” includes the following persons and no others:
1. A biological, adopted, or foster child, stepchild, grandchild, or legal ward of the Employee or the Employee’s registered domestic partner, or a child to whom the Employee or registered domestic partner stands in loco parentis.
2. A biological, adoptive, or foster parent, stepparent, or legal guardian of the Employee or the Employee’s spouse or registered domestic partner, or the person who stood in loco parentis when the Employee was a minor child.
3. A spouse or registered domestic partner of the Employee.
15 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 73
4. A sibling of the Employee or of the Employee’s spouse or registered domestic partner.
5. Grandparents, grandparents-in-law or step-grandparents of the Employee.
7.4 SICK LEAVE
Sick leave is an absence because of illness, injury, exposure to contagious disease, care of a sick member of the Employee’s Immediate Family, or doctor and dental appointments when it is not feasible to schedule them on the Employee’s own time.
The following provisions govern sick leave:
1. Employees accrue sick leave at the rate of eight (8) hours for each full month of service.
2. Sick leave may only be used for actual sickness or disability of the Employee or a member of the Employee’s Immediate Family, and/or to the extent permitted by law. If the Town suspects an Employee of abusing sick leave, the Town reserves the right – in addition to taking disciplinary measures – to request that the Employee provide the Town with a doctor’s verification of illness and estimated time for recovery. An Employee may also be required to provide a doctor’s verification of illness when the Employee has been absent for more than three consecutive days.
3. Before using sick leave, an Employee must notify his/her Supervisor prior to commencement of his/her shift, unless s/he is unable to do so because of circ*mstances beyond his or her control. In addition, if the Employee is absent on sick leave for more than one (1) day, the Employee must keep the Supervisor informed as to the date s/he expects to return to work, unless the Employee is unable to do so because of circ*mstances beyond his or her control.
4. The Town Manager or designee has the discretion to place Employees on sick leave when in his/her judgment the presence of the Employee at work would endanger the health and welfare of other Employees or the Employee’s illness or injury interferes with the performance of the Employee’s duties.
16 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 74
7.5 HOLIDAYS
Each Employee of the Town is entitled to the following holidays with pay:
1. New Year’s Day January 1 2. Martin Luther King Jr. Day Third Monday in January 3. Presidents’ Day Third Monday in February 4. Memorial Day Last Monday in May 5. Independence Day July 4 6. Labor Day First Monday in September 7. Thanksgiving Day Fourth Thursday in November 8. Day after Thanksgiving Fourth Friday in November 9. Christmas Day December 25 10. The business days between Christmas Day and New Year’s Day
If any holiday falls on Sunday, the Monday following is treated as the holiday. If the holiday falls on Saturday, the Friday preceding is treated as the holiday. If a non-Management Employee is required to work on a holiday, the Employee will be compensated for hours worked on the holiday, in addition to the holiday pay. When Christmas falls on Tuesday, the Monday preceding will be an additional holiday. No Employee is entitled to compensation for any holiday unless s/he is employed by the Town or is on paid leave, on the workday preceding and the workday following the holiday.
7.6 VACATION
The purpose of annual vacation leave is to enable each eligible Employee to return to his/her work mentally and physically refreshed. All Regular Employees are entitled to annual vacation leave with pay. Vacation time is credited on the first payroll date of employment and every pay period thereafter for each Regular Employee.
Vacation leave is earned at a monthly pro-rated amount depending upon years of service and full or part time status as described in section 8.5.2. Employees are eligible to take vacation as soon as they have accrued it, unless otherwise authorized by the Town Manager. Vacation leave is credited as follows:
Years of Service Days of Vacation Accrued Annually 1 through 5 10 6 through 10 15 11 + 20
17 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 75
All vacation leave must be pre-approved by the Town Manager or designee. Vacation is approved on a first-come, first served basis. Vacation leave may be denied if the Town Manager or designee determines that it would negatively impact normal operation of Town functions. Approval of vacation leave does not indicate that the Employee has available leave hours. The Employee is responsible for ensuring that the leave hours are available prior to requesting approval from the immediate Supervisor. The Town Manager may grant an Employee one exception per year to vacation leave that will result in a leave balance deficit. If a deficit exists, those hours are reduced from the Employee’s payout upon separation.
Use of vacation leave earned in a given year may be deferred to the following year. However, at no time may an Employee accrue more vacation days than double the Employee’s current annual accrual rate. When the Employee reaches the allowed maximum accrual, s/he will cease earning vacation until the vacation leave balance falls below the maximum accrual amount.
The Town Manager has the authority to provide credit for past public service to new hires for the sole purpose of determining vacation accrual rates.
7.6.1 SALE OF ACCRUED VACATION HOURS
Employees may elect, once per calendar year, to sell back to the Town accrued, but unused vacation. The election must be made on or before April 30th of each calendar year and payout will occur no later than May 31st of the same calendar year.
The Employee will be compensated for such vacation hours at the compensation rate in effect for that Employee at the time the hours are sold to the Town.
The minimum number of hours that can be sold to the Town annually for the cash equivalent is ten (10) hours, and the maximum number of hours that can be sold is the total number of hours the Employee is eligible to accrue in a one-year period.
7.7 JURY DUTY AND WITNESS LEAVE
Every Employee who is called or required to serve as a juror is entitled to be absent during the period of jury service. Under these circ*mstances, the Employee will be paid their full salary for up to fifteen (15) workdays of jury service.
18 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 76
An Employee who is subpoenaed to appear in court in an official capacity as a Town Employee is allowed to do so without loss of compensation. An Employee subpoenaed to appear in court in a matter unrelated to his or her official capacity as a Town Employee is permitted to use accrued vacation or compensatory time off for this purpose. The time spent for court appearances unrelated to the Employee’s employment, or related to any matter the Employee has brought against the Town, is not compensable work time.
7.8 BEREAVEMENT LEAVE
Employees are allowed paid time off in the event of a death in the Immediate Family. Up to five (5) consecutive days of bereavement leave is allowed for the death of each member of the Immediate Family. The Employee may request, and the Town Manager may approve at his or her absolute discretion, that vacation leave be taken as bereavement leave in the event of the death of other individuals or for an extended period of time.
7.9 MILITARY LEAVE
In accordance with State and Federal law, the Town Manager will grant military leave for active and reserve members of the United States Armed Forces and National Guard to fulfill obligations, including active duty and training. An Employee requesting military leave shall provide the Town Manager with as much advanced notice as possible. An Employee taking military leave must give the Town Manager an opportunity, within the limits of State and Federal law, to determine when military leave will be taken, and the Town Manager may modify the Employee’s work schedule to accommodate the request for leave.
To the extent required by State and Federal law, an Employee will receive compensation for service during the period that s/he is on approved military leave, including up to 30 calendar days of pay per fiscal year for active duty training for Employees who have been employed with the Town for at least one year prior to the first day of military leave. An Employee may elect to use accrued vacation leave, administrative leave, or compensatory time off during his/her otherwise unpaid military leave. An Employee may also elect to continue Town-provided health coverage for up to 24 months, subject to the provisions of Federal law.
19 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 77
7.10 WORKERS’ COMPENSATION BENEFITS AND INDUSTRIAL ACCIDENT LEAVE
The Town will provide workers’ compensation benefits in accordance with State law for any work-related injury or illness. These benefits include medical care, temporary disability, permanent disability, vocational rehabilitation and survivor benefits. In the event that any Regular Employee is absent from work as a result of any injury or illness that comes under the State of California Workers Compensation Law, the absence shall be considered to be Industrial Accident Leave. Employees on Industrial Accident Leave may use accrued sick leave time to supplement any monetary difference between their normal rate of pay and workers’ compensation temporary disability benefits. Upon exhaustion of accrued sick leave time, Employees may elect to supplement with accrued vacation leave. However, such supplementation will not entitle Employees to continue employment if otherwise qualified for separation from Town service due to disability retirement or inability to reasonably accommodate.
7.11 ADMINISTRATIVE LEAVE
Management Employees accrue fifty-six (56) hours of administrative leave, awarded annually in the first pay period in January. Administrative leave has no cash value and cannot be carried over to the succeeding calendar year in which it was accrued. Use of administrative leave is allowed at the discretion of the Town Manager.
7.12 PREGNANCY DISABILITY LEAVE AND ACCOMMODATION
If the Employee’s attending physician certifies that the Employee is physically unable to work due to pregnancy, childbirth, or a related medical condition, the Employee is entitled to: a) a leave of absence without pay for up to four (4) months per pregnancy; or b) a temporary transfer to another position if such transfer can be reasonably accommodated. The Employee must give at least thirty (30) days’ notice of the need for pregnancy disability leave, transfer, or other reasonable accommodation, as well as an estimated duration for the leave. If such notice is not feasible, notice shall be given as soon as possible.
An Employee will be required to submit a medical certification from her attending physician to support any request for pregnancy disability leave, transfer or reasonable accommodation. If the Employee fails to return the certification in a timely manner, the Town may delay granting the request for
20 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 78
pregnancy disability leave, transfer or accommodation so long as doing so would not endanger the Employee’s health or her pregnancy.
Requests for an extension of leave must be submitted in writing to the Town Manager prior to the agreed date of return and must be supported by a written certification of the attending physician that the Employee continues to be disabled by pregnancy, childbirth, or a related medical condition.
The Town will also provide a reasonable accommodation to an Employee for a pregnancy-related disability, if the Employee requests an accommodation upon the advice of her attending physician.
Pregnancy disability leave is unpaid. However, the Employee has the option of using accrued sick leave, compensatory time off with the approval of the Town Manager, and/or vacation leave. The Town will pay insurance premiums, not to exceed four (4) months per pregnancy, to the same extent that the Town paid the premiums when the Employee was at work. The Employee will be responsible to pay for the Employee’s portion of her insurance premiums while on unpaid leave. Information regarding such payments will be provided to the Employee.
Generally an Employee has the right to be reinstated to the same position she held prior to taking pregnancy disability leave or being temporarily transferred to an alternate position due to pregnancy disability. However, an Employee has no greater rights than she would have had if continuously employed during the pregnancy disability leave or transfer period. This means that there is no right to reinstatement to the same position if an Employee would not otherwise have been employed in her same position at the time reinstatement is requested for legitimate business reasons unrelated to the pregnancy disability or transfer (e.g., layoff.)
If for the reason described above an Employee returning from pregnancy disability cannot be reinstated to the same position, an Employee generally has the right to be reinstated to an available comparable position (i.e., a position that is virtually identical to the Employee’s prior position in terms of pay, benefits, working conditions, and with substantially similar duties, in the same or geographically proximate worksite, and with the same or equivalent work schedule.) An exception to this general right exists if either of the following exist: (a) the Town would not have offered a comparable position to the Employee if she had been continuously at work during the pregnancy disability or transfer period, or (b) there is no comparable position available.
21 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 79
Prior to the Employee being reinstated, the immediate Supervisor shall require a statement from the attending physician that the Employee is physically capable of resuming the regular duties of the Employee’s position with or without accommodation.
7.13 LEAVE OF ABSENCE WITHOUT PAY
Upon the request of the Employee, the Town Manager may grant a leave of absence without pay to an Employee. Requests for leave of absence without pay must specifically state the reason for the request, the beginning date of the leave, and the date of return. A leave of absence without pay may be granted for a period not to exceed two months. The Town Manager has absolute discretion to deny the request or grant leave for a shorter period of time when any additional leave would pose a hardship to the Town’s operations.
Leave of absence without pay is not construed as a break in service or employment, and rights accrued at the time the leave is granted are retained by the Employee. However, vacation leave, sick leave, all other paid leaves, holidays and fringe benefits and other similar benefits are not accrued to an Employee granted leave during the period of unpaid absence, except as provided otherwise by law or this policy. Nor is the Town required to maintain contributions toward group insurance or retirement coverage, except as provided otherwise by law or this policy. During the period of leave without pay, all service and leave credits are retained at the levels existing as of the effective date of the leave. However, time counted toward an Employee’s anniversary date is deferred for the time of the leave without pay.
The Employee is reinstated to his or her former position or to an available comparable one if the former position is eliminated during the period of leave and the Employee would otherwise not have been laid off.
7.14 CATASTROPHIC LEAVE
An Employee may be eligible to receive donations from fellow Employees of paid leave, to be included in his/her sick leave balance, if s/he has a catastrophic illness or injury which prevents him/her from being able to work. Catastrophic illness or injury is defined as a critical medical condition considered to be terminal or a long-term major physical impairment or disability. The Employee may be eligible for catastrophic leave donations only after all his/her paid leave has been utilized. The amount that may be donated to an Employee for catastrophic leave is limited to the combined
22 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 80
vacation and administrative leave accrued by the Employee at the time of the donation.
7.15 VOTING LEAVE
If a non-exempt Employee does not have sufficient time outside of working hours to vote in a statewide election, the Employee may take up to two (2) hours off without loss of pay at the beginning or end of the Employee’s regular working shift. An Employee must provide his/her Supervisor with at least two working days’ notice of the need for time off to vote.
7.16 TIME OFF TO APPEAR IN SCHOOL
An Employee who is the parent or guardian of a child who has been suspended from school may take unpaid time off from work to appear at the school in response to a request by the school administrator, if the Employee provides the Town Manager reasonable notice of the school’s request.
7.17 LEAVE FOR CRIME VICTIMS
An Employee who has been a victim of a violent or serious felony, or felony provision regarding theft or embezzlement, or the Employee’s spouse, registered domestic partner, child or stepchild, sibling or stepsibling, or parent or stepparent who has been a victim of any of those crimes, may take time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding related to that crime.
An affected Employee must give the Town reasonable notice that s/he is required to be absent for a purpose stated above. In cases of unscheduled or emergency court appearances or other emergency circ*mstances, the affected Employee must, within a reasonable time after the appearance, provide the Town with written proof that the absence was required for any of the above reasons. Leave under this section is unpaid unless the Employee uses vacation or accrued time off.
7.18 TIME OFF FOR VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING
An Employee who has been a victim of domestic violence, sexual assault, or stalking may take time off to engage in the following activities related to the domestic violence, sexual assault, or stalking:
1. Appear in court proceedings;
23 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 81
2. Seek medical attention for or recover from injuries caused by domestic violence, sexual assault or stalking;
3. Obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault or stalking;
4. Obtain psychological counseling related to an experience of domestic violence, sexual assault or stalking; and/or
5. Participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault or stalking, including temporary or permanent relocation.
An affected Employee must give the Town reasonable notice that s/he is required to be absent for a purpose stated above. The affected Employee must also, within a reasonable time, provide the Town with written proof that the absence was required for any of the above reasons. Leave under this section is unpaid unless the Employee uses vacation or other accrued time off.
SECTION 8 COMPENSATION AND PAYROLL PRACTICES
8.1 COMPENSATION PLAN
During the budget preparation period each year, or whenever directed by the Town Council, the Town Manager or designee will prepare a Compensation Plan covering all classes of positions except the Town Manager position, including a range of pay for each position.
The Town Council may amend the Compensation Plan from time to time by resolution. At the discretion of the Town Manager, the amendments and revisions may be submitted to the Town Council. The Town Manager may approve an hourly rate of compensation for temporary positions, with adjustments for special circ*mstances, based on the Compensation Plan.
The Town Council’s consideration of the proposed Compensation Plan, amendments, or revisions will be included in a Council meeting agenda, and the meeting will be posted in the manner prescribed by State Law. No position will be assigned a salary not in conformance with the salary schedule unless the salary schedule for the class is amended in the same manner as stated above.
24 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 82
8.2 PAYROLL
8.2.1 PREPARATION OF PAYROLL
The payroll is prepared under the direction of the Town Manager in accordance with the Compensation Plan. No changes in the names or salaries on the payroll will be made without written approval by the Town Manager.
FLSA Safe Harbor Policy – The Town invokes the safe harbor provisions of the Department of Labor regulation codified at 29 CFR Section 541.603(d) by disseminating and maintaining this policy regarding pay reductions. Should any pay reduction occur in violation of this policy, the Town will reimburse its FLSA-exempt Employees for any improper pay deductions and make a good faith commitment to comply with the FLSA in the future. A FLSA-exempt Employee who believes that his or her compensation has been reduced in violation of this policy, may submit a written complaint explaining the alleged violation to the Town Manager, who will review the complaint and provide a written response to the Employee.
8.2.2 PAYDAY
Payday is twice monthly, on the 15th and last day of the month. In the event that this day falls on a weekend or holiday, payday will be the immediately preceding workday.
8.3 OVERTIME AND OTHER COMPENSABLE TIME
8.3.1 ELIGIBILITY
All non-Management Employees whose compensation is based on an hourly rate are eligible for overtime compensation pursuant to the Fair Labor Standards Act (“FLSA”). The Town has determined that all Management Employees are exempt from the FLSA overtime compensation requirements.
8.3.2 AUTHORIZATION OF OVERTIME
An Employee’s Supervisor may authorize or require overtime at his/her discretion. Overtime may be authorized for situations such as:
1. Operating emergencies;
25 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 83
2. Handling peak workloads or incomplete work when it is not possible or practical to employ additional personnel;
3. Attending meetings connected to Town business outside of regular work hours;
4. Meeting temporary conditions when the Town is unable to secure qualified personnel to fill positions authorized by the Town Council and filled by the Town Manager; and/or
5. On other occasions as deemed necessary in the judgment of the responsible Supervisor.
An Employee is not allowed to work overtime unless his/her Supervisor has pre-authorized the work.
8.3.3 OVERTIME PAY AND COMPENSATORY TIME
8.3.3.1 Eligible Employees will be compensated for Overtime earned because of actual work of over forty (40) hours in a Workweek at the rate of one and one-half times (“time and one-half”) the Employee’s regular hourly rate.
8.3.3.2 Non-Management Employees may choose to accrue compensatory time off in lieu of being paid time and one-half for working Overtime. Compensatory time off is accrued at the rate of time and one-half and may be used in lieu of other types of leave, or cashed out, when approved by the Town Manager. Compensatory time off may be taken only at the discretion of the Town Manager. Accrued and unused compensatory time off will be paid to Non-Management Employees each year on June 30. In no event may an Employee accrue more than one hundred thirty (130) hours of compensatory time off.
8.3.3.3 The following scenario illustrates how Overtime may be compensated for a non-exempt, non-Management Employee with a regular hourly rate of Twenty Dollars ($20.00):
“Time and one-half” Scenario: An Employee works forty-three (43) hours in a Workweek. The Employee may choose to receive either Thirty Dollars ($30.00) for each overtime hour, or one and one-half (1.5) hours in compensatory time off for
26 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 84
each overtime hour. In other words, the Employee may choose to receive Ninety Dollars ($90.00) or four and one-half (4.5) hours of compensatory time off to be used at a later date.
8.3.3.4 Call-back pay. In an emergency or unusual situation, an Employee may be called back to work after completing his/her workday. Employee shall provide documentation of call-back hours worked, signed by their Supervisor approving the hours. If the Employee is non-exempt and is called back, he or she will be compensated for a minimum of two (2) hours per call back.
8.4 MEAL PERIOD/BREAKS
A minimum thirty (30) minute and a maximum of one hour non-compensated meal period is provided to all Employees who work over five (5) hours in a day. Employees are also entitled to one ten (10) minute paid rest break for each four (4) hours worked.
8.5 ELIGIBILITY FOR BENEFITS
Benefits are set forth and occasionally revised by the Town Council in keeping with prevailing rates and benefits, current costs of living, the Town’s financial condition and policies and other relevant factors.
8.5.1 FULL-TIME EMPLOYEES
Regular Employees holding a Full-Time Position are eligible for all benefits currently authorized by the Town Council, except for those benefits specifically limited to management Employees.
8.5.2 PART-TIME EMPLOYEES
Regular Employees holding a Part-Time Position accrue vacation, sick leave, other leaves and holiday credits in the proportion that their average Workweek bears to that of full-time Employees. To the extent possible, other benefits afforded full-time positions are also pro-rated. Employees scheduled to work in positions of less than twenty (20) hours per week are not provided medical, CalPERS retirement, or any other benefits not required by state or federal law.
27 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 85
8.5.3 TEMPORARY EMPLOYEES
Temporary Employees are not provided any benefits other than those required by State or Federal law.
8.5.4 MANAGEMENT EMPLOYEES
Benefits and rights afforded to Management Employees may differ from non-Management Employees pursuant to this Manual. The Town Manager also has discretion to award different benefits to Management Employees for the purpose of recruitment and retention to the maximum benefit authorized by the Compensation Plan.
SECTION 9 PERFORMANCE EVALUATIONS
All Employees receive an annual performance evaluation near the end of the fiscal year. The Town Manager provides a method of evaluating individual Employee performance that relates to quantity and quality of work, ability, reliability, discipline, attendance, and other factors.
The Town Manager is responsible for assuring that the evaluations are adequate to provide information to both the Employee and the Town for the purposes set forth in this section. An Employee must have an evaluation with an overall satisfactory performance rating in order to be eligible for a salary increase or promotion. Deficiencies in performance by an Employee may result in a decrease in salary, suspension, demotion, or termination of employment.
In addition, when changes in work performance occur, and/or as necessary, immediate Supervisors may periodically evaluate the performance of each Employee. Each Employee is informed of his or her strengths and weaknesses as to work performance. Each performance evaluation is discussed with the Employee. The Employee must sign the evaluation, acknowledging that his/her performance evaluation has been reviewed with him/her. The Employee’s signature does not necessarily mean s/he endorses the contents of the evaluation.
28 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 86
SECTION 10 DISCIPLINE
In order to conduct business efficiently and effectively, the Town must address performance and misconduct issues. Such issues are addressed by disciplinary actions and based on disciplinary grounds, including but not limited to those discussed below. Disciplinary actions cannot be appealed and are not subject to the complaint procedure set forth in Section 11, Resolution of Work-Related Complaints. Nothing in this section gives Employees any right to progressive discipline, nor alters the fact that all Employees serve at will, and can be terminated at any time without cause.
10.1 DISCIPLINARY ACTIONS
The following types of disciplinary actions are available to the Town Manager to address performance and misconduct issues. The Town Manager will attempt to match the disciplinary action to the severity of the Employee misconduct. However, the Town Manager reserves the right to impose any disciplinary action up to and including termination of employment at any time, without notice, cause, or progressive discipline.
10.1.1 ORAL COUNSELING
Oral counseling is an oral discussion between an Employee and his/her Supervisor where the Supervisor communicates his/her concerns regarding the Employee’s performance or misconduct. Oral Counseling may involve warning the Employee of consequences for not addressing the Supervisor’s concerns.
10.1.2 WRITTEN REPRIMAND
Written reprimand is a letter communicating a Supervisor’s concerns regarding the Employee’s performance or misconduct. A Written Reprimand would likely include a warning of consequences for not addressing the Supervisor’s concerns.
10.1.3 SUSPENSION
Suspension is the temporary separation from Town service without pay for disciplinary purposes. Suspension of non-FLSA-exempt Employees may be in any increment in the discretion of the Town Manager. Suspension of FLSA-exempt Employees may only be in one-day increments in the discretion of the Town Manager.
29 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 87
10.1.4 REDUCTION IN PAY
Reduction in pay is a decrease in compensation for non-FLSA-exempt Employees for a fixed period of time for disciplinary purposes.
10.1.5 DEMOTION
Demotion is the movement of an Employee from one position to another that has a lower maximum rate of pay. The Town Manager may demote an Employee whose performance of his/her required duties is below standard, or for other disciplinary purposes. Non- disciplinary demotion may also be made to a vacant position in lieu of layoff. No Employee will be demoted to a position for which s/he does not possess the minimum qualifications.
10.1.6 TERMINATION
In relation to disciplinary action, an Employee may be separated from Town service when his/her performance of required duties is below standard, or for other disciplinary reasons. All Employees are employed on at “at-will” basis and the Town Manager may terminate their employment for any reason.
10.2 GROUNDS FOR DISCIPLINE
The Town’s standards of conduct are established for the guidance of all Employees. These standards are only a partial list of unacceptable behaviors and conduct, and do not constitute the entire range of grounds for discipline.
1. Fraud in securing employment or making a false statement on an application for employment; or making a false statement or notation on any Town record.
2. Incompetence, i.e., inability to comply with the minimum standards of an Employee’s position for a significant period of time.
3. Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties required of an Employee within his/her position.
4. Disobedience and insubordination, i.e., a failure to submit to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a Supervisory position.
30 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 88
5. Dishonesty.
6. Being under the influence of alcohol or drugs while on duty.
7. Excessive absenteeism or inexcusable absence.
8. Abuse of sick leave, i.e., taking sick leave without a doctor’s certificate when one is required, or misuse of sick leave.
9. The conviction of either a misdemeanor or any felony. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. The Town Manager or his/her designee may inquire into the circ*mstances surrounding the commission of the crime in order to fix the degree of discipline. A plea or verdict of guilty, or a conviction showing a plea of nolo contendere (no contest) made to discharge a felony is deemed to be a conviction within the meaning of this section.
10. Discourteous treatment of the public or other Employees.
11. Improper or unauthorized use of Town property.
12. Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling of Town property.
13. Violation of the ordinances, resolutions, rules and regulations established by the Town.
14. Solicitation or acceptance by an Employee of an individual reward, gift, or other form of remuneration from a private source for the performance of his/her official duties, excluding edible/drinkable gifts offered to the entire Town staff.
15. The refusal to testify under oath or affirmation before any Grand Jury having jurisdiction over any then pending investigation of government bribery or misconduct.
16. Improper political activity, which includes:
a. Participation in political activities while in uniform, during working hours, on Town business premises, while conducting official Town business, or using Town resources.
31 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 89
b. Solicitation of political funds from other officers or Employees of the Town or from persons on the employment lists of the Town.
Improper political activity does not include the solicitation or receipt of political funds or contributions to promote the passage or defeat of a ballot measure affecting the working conditions of Employees so long as such activity does not occur while the Employee is working for the Town or using Town resources.
SECTION 11 RESOLUTION OF WORK-RELATED COMPLAINTS
The Town desires to implement an internal procedure that provides an opportunity for non-disciplinary, work-related complaints to be addressed fairly, objectively and promptly. Pursuant to Section 10, Discipline, all disciplinary actions and performance evaluations are final and not subject to the following procedure.
11.1 PROCEDURE
11.1.1 When an Employee has a complaint s/he should discuss the complaint with, or submit it in writing to his/her immediate Supervisor.
If the complaint pertains to the immediate Supervisor, the Employee may discuss the complaint with, or submit it in writing to the Town Manager.
If the complaint concerns the Town Manager, the Employee may discuss the complaint, or submit it in writing to the Town Attorney or designee.
11.1.2 The Town Manager, or Town Attorney (when applicable), shall make the final determination of a resolution to the complaint. All determinations will be explained to the Employee and are final.
SECTION 12 TRANSFER, RESIGNATION, ABANDONMENT, LAYOFF AND REINSTATEMENT
12.1 TRANSFER
No person will be transferred to a position for which s/he does not possess the minimum qualifications; but the Town Manager may, on a temporary basis,
32 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 90
assign Employees to duties other than those prescribed in their classification or job description, when a need arises from injury or illness, vacation, or other leaves of absence, or when workloads temporarily create a need, and the best interest of the Town would be served. The Town Manager may transfer an Employee from one position to another position in a comparable classification. For transfer purposes, a comparable classification is one with the same maximum rate of pay, and requires substantially the same basic qualifications.
Whenever possible, an Employee being transferred will receive five (5) working days’ notice.
12.2 RESIGNATION
Resignation occurs when an Employee tenders to the Town Manager a written notice of his/her intention to resign. The Town Manager tenders his/her resignation to the Town Council. A resignation becomes final when accepted by the Town Manager, or in the case of the Town Manager’s resignation, acceptance by the Town Council. Once a resignation has been accepted, it cannot be withdrawn without the approval of the Town Manager, or in the case of the Town Manager’s resignation, approval by the Town Council. The Town requests that Employees give a minimum of two (2) weeks’ notice of their intention to resign.
12.3 JOB ABANDONMENT
An Employee may be deemed to have resigned if the Employee is absent for three (3) consecutive workdays without prior authorization and without notification during that period of the reason for absence, unless s/he is unable to do so because of circ*mstances beyond his or her control.
12.4 LAYOFF POLICY AND PROCEDURE
12.4.1 STATEMENT OF INTENT
Whenever, in the judgment of the Town Council, it becomes necessary to abolish funding for any position, the Employee holding the position may be laid off or demoted without disciplinary action. An Employee who has any questions regarding the layoff decision or process should make an appointment with the Town Manager for a pre-layoff review and without the right of appeal. If two or more Employees hold the position to be laid off, the Town will lay off the Employee with the least Town seniority. Seniority is determined
33 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 91
based upon date of hire in the classification and higher classifications in the Town.
12.4.2 NOTIFICATION
Regular Employees to be laid off or demoted under non-disciplinary circ*mstance will be given a minimum of thirty (30) calendar days’ prior notice. Prior notice is not required for the layoff of Temporary Employees.
12.5 REINSTATEMENT
Upon recommendation of the immediate Supervisor and approval of the Town Manager, a Regular Employee who has resigned or has otherwise been separated while in good standing (i.e., not separated for disciplinary reasons) may be considered for reinstatement to his/her former position, if vacant, or to a vacant position in the same or a comparable classification for a period of one (1) year after resignation or separation. At the discretion of the Town Manager, an Employee returning to work may be required to undergo testing as part of a conditional job offer to determine whether s/he is fit to return to work.
SECTION 13 MISCELLANEOUS POLICIES
13.1 OUTSIDE EMPLOYMENT
13.1.1 POLICY
An Employee will not engage in any employment, enterprise, or outside activity that is in conflict with his/her duties, functions, responsibilities, or the department by which s/he is employed, nor shall s/he engage in any outside activity for compensation that will directly or indirectly contribute to the lessening of his/her effectiveness as an Employee. All Employees must notify the Town Manager before engaging in any outside employment or as soon as possible thereafter.
13.1.2 DETERMINATION OF INCONSISTENT ACTIVITIES
In making a determination about the consistency or inconsistency of outside employment, the Town Manager will consider, among other
34 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 92
pertinent factors, whether the employment is prohibited and inconsistent because of any of the following:
1. Involves the use for private gain or advantage of Town time, facilities, equipment, and supplies, or the badge, uniform, prestige, or influence of one’s Town office or employment;
2. Involves receipt or acceptance by Employee of any money or other consideration from anyone other than the Town 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/her Town employment or as a part of his/her duties as an Employee;
3. Involves the performance of an act in other than his/her capacity as an Employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by any Employee; and/or
4. Involves conditions or factors that would directly or indirectly lessen the efficiency of the Employee in his/her regular Town employment or conditions in which there is a substantial danger of injury or illness to the Employee.
13.1.3 APPROVAL REVOCATION
Outside employment is subject to written approval by the Town Manager or his/her designee before the Employee undertakes the outside employment and is subject to revocation at any time by the Town Manager or his/her designee.
13.2 CONFLICTS OF INTEREST
Certain Employees are bound by the state laws regarding conflicts of interest, including, but not limited to, Government Code section 87100 et seq. and Municipal Code Chapter 2.36 regarding conflicts of interest. All Employees should avoid any conflict or perceived conflict between personal or financial interests and public duties.
35 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 93
13.3 RECORDS AND REPORTS
13.3.1 PERSONNEL FILES
A personnel file will be maintained for each Employee. Information contained in these files includes class title, salary, changes in employment status, disciplinary actions and other pertinent employment information. Personnel files are the property of the Town, and access to the information they contain is restricted to the Town Manager or his/her designee.
The personnel files will be maintained in a secure place and monitored by the Town Manager or his/her designee, who will determine access to the files. An Employee, or the Employee’s representative with written consent of the Employee, is entitled to review his/her personnel file with adequate advance notice to the Town Manager or his/her designee.
13.3.2 MEDICAL INFORMATION
All medical information about an Employee or applicant is kept in a separate file from the personnel file, and is treated as confidential, in accordance with applicable state and federal law.
Access to Employee or applicant medical information shall be strictly limited to only those with a legitimate need to have such information for Town business, or if access is required by law, subpoena or court order. In the case of an Employee with a disability, managers and Supervisors may be informed only of necessary restrictions on the work or duties of the Employee and necessary accommodations.
13.3.3 RECORDS RETENTION
Records relating to persons who were never in the employ of the Town including correspondence, applications, examinations and reports may be destroyed after three (3) years. Records of Employees may be destroyed after five (5) years from the date of termination.
36 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 94
13.4 USE OF TOWN ELECTRONIC EQUIPMENT AND COMMUNICATIONS SYSTEMS
13.4.1 Definitions
1. “Electronic Communications Service” means any service which provides to users thereof the ability to transmit or receive wire or electronic communications.
2. “Employee Equipment” shall mean those electronic devices owned by an Employee, or a third-party, but reimbursed in whole, or in part, by the Town, including but not limited to, the Internet, email, voice-mail, text messages, images, cellular telephones, pagers, personal digital assistants, Smart Phone devices, computer/laptops, tablets, telecommunications devices, video and audio equipment, wireless networks, data systems telecommunications equipment, mobile data terminals, transmission devices, data processing or storage systems, computer systems, servers, networks, input/output and connecting devices, software, and documentation that supports electronic communications services.
3. “Offensive Material” includes, but is not limited to, statements or images that could reasonably offend a person on the basis of his/her age, physical or mental disability, medical condition, genetic characteristics, sex (including childbirth, pregnancy and related medical conditions), gender, gender identity, gender expression, race, color, religious creed, national origin, ancestry, sexual orientation, marital status, military and veteran status, or any other classification protected by federal, state, or local law.
4. “Town Business” means work or services provided by an Employee using Employee Equipment on behalf of the Town as part of the Employee’s official work duties. An Employee’s personal use of Employee Equipment that is unrelated to the Town is specifically excluded from this definition.
5. “Town Equipment” means electronic devices owned or provided by the Town, including but not limited to, the Internet, email, voice-mail, text messages, images, cellular telephones, pagers, personal digital assistants, Smart Phone devices, computer/laptops, tablets, telecommunications devices, video and
37 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 95
audio equipment, wireless networks, data systems telecommunications equipment, mobile data terminals, transmission devices, data processing or storage systems, computer systems, servers, networks, input/output and connecting devices, software, and documentation that supports electronic communications services.
13.4.2 Introduction
The Town encourages the use of Town Equipment and Employee Equipment to increase Employee productivity and improve the Town’s ability to provide first-class services for the least possible cost to the taxpayer. This policy governs all Town Equipment and Employee Equipment used for Town Business. Employees and other users may be provided Town Equipment or reimbursed/provided a stipend for Employee Equipment only as authorized by the Town Manager or designee. The purpose of this policy is to regulate Employee’s use of Town Equipment and Employee Equipment used for Town Business to maximize its use for Town purposes and minimize or eliminate liability.
An Employee who violates this policy is subject to disciplinary action, up to and including termination.
13.4.3 Restrictions
The following include some of the restrictions that apply to Employees while using any Town Equipment or Employee Equipment used for Town Business:
1. Employees shall not violate the Town’s discrimination, harassment, retaliation, and conflict of interest policies. Employees shall not transmit or receive Offensive Material. For example, Employees are prohibited from displaying sexually suggestive images, downloading or disseminating sexually explicit material, or transmitting images, messages or cartoons that constitute slurs based upon an individual’s race, color, national origin, ancestry, religious creed, mental or physical disability, sex (including childbirth, pregnancy and related medical conditions), gender, gender identity, gender expression, age, mental or physical disability, medical condition, genetic characteristics, marital status, sexual orientation or military and
38 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 96
veteran status, unless an Employee is required to review such material in the course and scope of their specific job duties with prior written Supervisory approval.
2. Employees shall not seek personal financial gain or create an actual, potential or apparent conflict of interest.
3. Employees shall not infringe upon the patents, copyrights, licenses of others, or proprietary, confidential or trade secret information.
4. Employees shall not solicit or proselytize others for commercial ventures or transactions, religious or political causes, or participation in any endeavor unrelated to the Employee’s normal duties, unless it is for a Town sponsored/authorized event.
5. Employees shall not intentionally deprive authorized personnel access to any Town Equipment.
6. Employees shall not transmit messages or information which is in conflict with applicable law or Town policies, rules or procedures.
7. Employees shall not attempt unauthorized access of or attempt to access unauthorized data on any Town or non-Town system.
8. Employees shall not engage in theft or the unauthorized copying and distribution of electronic files or data.
9. Employees shall not intentionally misrepresent one’s identity for improper or illegal acts, nor engage in unlawful activities.
10. Employees shall not engage in recreational use of Town Equipment and Employee Equipment that interferes with the ability of the Employee or other users to conduct Town work. This includes but is not limited to downloading or uploading software, games, music, or shareware to their Town Equipment and time spent on social media websites. Employees are also prohibited from downloading and using instant messenger (IM) on Town Equipment, without prior written Supervisory approval and in accordance with assigned duties.
11. Employees shall not perform acts on Town Equipment that are wasteful of computing resources or that unfairly monopolize
39 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 97
resources to the exclusion of others. These acts include, but are not limited to sending mass email messages or chain letters and creating unnecessary network traffic with messages unrelated to Town Business or discussions of Town working conditions.
13.4.4 No Expectation of Privacy
Employees shall have no right or expectation of privacy in email, text, data, or image messages created, transmitted, received, deleted or stored using Town Equipment or Town Business conducted on Employee Equipment, including electronic communications routed by a third party communications service provider.
All communications transmitted via Town Equipment, whether or not related to personal or confidential matters, are subject to monitoring, at the Town’s discretion. The Town may monitor communications transmitted via Town Equipment in the ordinary course of business for purposes that include ensuring their reliability and security. The existence of passwords and “message delete” functions do not restrict or eliminate the Town’s ability or right to access electronic communications on Town Equipment.
The Town may randomly or routinely monitor or intercept electronic communications sent or received on Town Equipment and retains the right to do so at any time and without notice to Employees. The Town also retains the right, without notice to Employees, to conduct searches of Town Equipment and related systems to ensure that they are being used in conformance with this policy.
13.4.5 Software and Use of Copyrighted Materials
The integrity of Town Equipment is vital to the Town’s operations. Employees may not download or install software onto Town Equipment without the express consent of their Supervisor and/or the Town Manager or designee. When in doubt, Employees must seek permission prior to taking any action that could jeopardize the integrity of Town Equipment.
Software and related documentation licensed to the Town may be protected by copyright, patent, trade secret or other forms of legal protection. Employees shall not duplicate software programs and any Employee who unlawfully duplicates software may be subject to
40 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 98
criminal prosecution or civil damages. No Employee shall install, use, copy, alter or distribute these programs except as permitted by law and only to the extent permitted by the contract or license agreement between the Town and the owner.
Employees learning of any misuse of software must immediately notify their Supervisors. Town Equipment shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary financial information, or similar materials without prior authorization.
13.4.6 Backup Copies
Employees may not keep any backup copies of work done for the Town when they separate from the Town. Employees must obtain written permission from their Supervisors to download and retain samples of their work. Downloading may occur only in the presence of the Employee’s Supervisor. Employees are prohibited from keeping a copy of proprietary information, data or programs upon separation.
13.5 USE AND OPERATION OF TOWN-OWNED VEHICLES AND MOTORIZED EQUIPMENT
13.5.1 Purpose
This Section establishes policies related to the use and operation of Town-owned vehicles and equipment, and privately owned vehicles used for Town-related business where the Employee receives either an auto allowance or reimbursem*nt for mileage.
13.5.2 Definitions
13.5.2.1 “Authorized Drivers/Equipment Operators”: Those Employees who have been identified, by verification of their driving record through the Department of Motor Vehicles (“DMV”), as having:
13.5.2.2 An acceptable driving record in accordance with guidelines set forth in this policy;
1. Received approval from their Supervisor/manager to operate/drive Town-owned equipment/vehicles or their
41 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 99
own personal vehicle for Town-related business; and
2. Met any other requirements set forth by the Town.
13.5.2.3 “Driving Misconduct” includes, but is not limited to, the following:
1. Driving while impaired or under the influence of alcohol or drugs, including prescription drugs that bear the warning that operating machinery or a motor vehicle while using this drug is unsafe;
2. Reckless driving, racing, or participating in a speed contest;
3. Failure to report an accident;
4. Vehicular homicide or manslaughter;
5. Attempting to evade a police officer; and/or
6. Driving with a suspended or revoked license.
13.5.2.4 “Town-owned Vehicles”: includes all vehicles and other motorized equipment owned by the Town used in the conduct of Town-related business.
13.5.3 POLICY
To ensure the Town hires qualified candidates into positions that may necessitate driving vehicles and/or operating equipment, the Town requires applicants to provide the following with their employment application:
1. Driver’s license number and expiration date; and
2. Proof of insurance.
Any Employee driving/operating a Town-owned vehicle, or privately owned vehicle for Town-related business, is required to possess a valid California Driver’s license.
1. Any Employee performing work that requires driving/operating Town-owned vehicles, or a privately owned vehicle for Town-
42 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 100
related business, must notify his/her immediate Supervisor within one business day of receiving notice that his/her license is expired, suspended, restricted or revoked. An Employee who fails to report such license status and continues to drive/operate a Town-owned vehicle shall be subject to appropriate disciplinary action up to and including termination.
2. An Employee engaging in Driving Misconduct will be denied authorization to operate a Town-owned vehicle or a privately owned vehicle for official Town business.
Employees shall comply with all local and State driving laws and shall operate all vehicles and equipment used for official Town business in a safe and economical manner. Employees must always use Town-owned vehicles in a safe manner that will produce positive perceptions by the public.
1. Employees must drive at reasonable and safe speeds and must be appropriately parked in conformance with all laws and traffic regulations. Employees are responsible for any violations incurred while driving/operating a Town-owned vehicle or privately owned vehicles used for official Town business.
2. A record of three (3) or more accidents resulting in damage to a Town-owned vehicle; or three (3) or more accidents in a Town-owned vehicle, or in a personal vehicle used for Town- related business, in a twelve (12)-month period; or Driving Misconduct; and/or misuse of Town-owned vehicles shall be cause for suspending driving/operating privileges.
3. If an Employee must operate a Town-owned vehicle or privately owned vehicle as part of his/her job requirements, suspension of driving/operating privileges may lead to appropriate disciplinary action, up to and including termination of employment, for failure to perform the job or meet the essential job functions.
4. Records of vehicle accidents, moving violations, Driving Misconduct, poor driving habits and/or misuse of Town-owned vehicles will be kept in the Employee’s personnel file.
43 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 101
Town-owned vehicles shall be driven/operated for official use only.
No unauthorized drivers/operators will be allowed to drive/operate a Town-owned vehicle. Passengers are only allowed to be in Town- owned vehicles if they are also on official Town business. Family members are not allowed in Town-owned vehicles.
Employees and passengers are required to wear seatbelts at all times when in a Town-owned vehicle.
Smoking is prohibited in Town-owned vehicles.
Employees may be eligible to receive mileage reimbursem*nt when using their personal vehicle for Town-related business. In order to receive reimbursem*nt, the Employee must keep a log of miles traveled on a form supplied by the Administrative Services Manager, and submit the form to the Administrative Services Manager for processing.
13.5.4 Insurance
An Employee driving his/her personal vehicle for Town-related business shall carry liability insurance, with at least the minimum limits required by the State of California, at the Employee’s expense, and proof of insurance must be retained in the personal vehicle. Employees are required to provide proof of insurance each January, and may also be required to submit proof of insurance anytime upon request.
The Town will look first to an Employee’s personal automobile liability insurance policy and the Employee’s insurance shall be considered primary for the payment of any claims resulting from the Employee’s operation of his/her personal vehicle when on Town-related business.
Unless otherwise required by law, the Town does not cover damage to an Employee’s personally owned vehicle, even if the Employee is operating it for Town-related business.
An Employee injured in an automobile accident while in the course of employment, whether operating a Town-owned vehicle or a privately owned vehicle, may be covered by the Town’s Workers’ Compensation Program. Therefore, the Employee should report an
44 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 102
automobile accident as soon as practical to the Town Manager or his/her designee.
13.5.5 Cellular Phone, Computer, Navigational Devices and Two-Way Radio Use
All Employees must adhere to federal, state, and local rules and regulations regarding the use of cell phones and wireless devices while driving.
Employees must also adhere to the Town’s Wireless Device Use Policies and Guidelines which Employees shall sign and acknowledge at the onset of employment.
13.5.6 Collision Investigation Involving Town Employees, Vehicles and/or Equipment
If involved in a collision or incident causing vehicle/equipment damage, property or bodily injury, an Employee driving/operating any Town-owned vehicle or privately owned vehicle which is being used for Town-related business, shall follow these procedures:
1. If possible, request that all parties concerned remain at the scene of the accident until a law enforcement representative has released them.
2. Contact the appropriate law enforcement agency for the investigation:
• If occurring within San Mateo County, contact the San Mateo County Sheriff’s Office.
• If occurring outside San Mateo County, contact the law enforcement agency having jurisdiction by dialing 9-1-1.
3. Refrain from making statements regarding the accident with anyone other than the investigating law enforcement representative, Town officials, and/or representatives of your insurance company, including when your privately owned vehicle is involved. Confine statements to factual observations.
4. If you are able to do so, complete the information requested in the ABAG Vehicle Accident kit found in the glove box of the
45 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 103
Town-owned vehicle. Forward this information to the Town Manager as soon as practical.
5. If possible, take photos of the accident scene to record vehicle and property damage or other pertinent information.
6. If you are injured, report your injury to the Town Manager or his/her designee and complete appropriate paperwork for an on- the-job injury.
13.6 FRAGRANCE-FREE WORKPLACE
A fragrance-free environment helps create a safe and healthy workplace. Fragrances from personal care products, air fresheners, candles, potpourri, and other similar scented items have been associated with adversely affecting a person’s health including headaches, upper respiratory symptoms, shortness of breath, and difficulty with concentration.
The Town recognizes the hazards caused by exposure to scented products and has a policy to provide a fragrance-free environment for all employees and visitors. Employees who fail to abide by this policy may be subject to discipline.
13.7 EMPLOYEE DRESS CODE
Employees of the Town are required to dress appropriately and professionally for the jobs they are performing.
Uniforms and safety equipment must be worn where applicable.
Footwear must be appropriate for the work environment and functions being performed.
13.8 NEPOTISM POLICY
13.8.1 No person will be appointed or promoted to a position in any department in which the person’s relative already holds a position, when the employment would result in a Supervisor-subordinate relationship.
13.8.2 For purposes of this section, “relative” means spouse, registered domestic partner, child, step-child, parent, parent-in-law, grandparent, grandchild, sibling, half-sibling, sibling-in-law, aunt, uncle, niece, or nephew.
46 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 104
13.8.3 If an Employee marries or files a Declaration of Domestic Partnership with another Employee, both Employees will be allowed to retain their respective positions provided that a Supervisory relationship does not exist at the time of marriage/domestic partnership between these two positions. During the period of employment, no Supervisory position will exist between the two Employees. For the purpose of this section, a Supervisory relationship is defined as one in which one person exercises the right to control, direct, reward or discipline another person by virtue of the duties and responsibilities assigned to his/her position.
13.8.4 The Town also retains the right to refuse to hire spouses or domestic partners, or to place both spouses or domestic partners in the same department, division, or facility if the hiring or placement would have an adverse impact on supervision, safety, security or morale or involves potential conflicts of interest.
13.8.5 When spouses or domestic partners are in a prohibited Supervisory relationship, an attempt will be made to transfer one spouse/domestic partner to a similar classified position in another Town department. Although the wishes of the involved parties as to which spouse/domestic partner is to be transferred will be given consideration, the controlling factor in determining which spouse/domestic partner is to be transferred will be the positive operation and efficiency of the Town. If any transfer results in a reduction in salary or compensation, it will not be considered disciplinary in nature and will not be the subject of any administrative appeal.
13.8.6 If continuing employment of spouses or domestic partners cannot be accommodated consistent with the Town’s interest in promotion of safety, security, morale and efficiency, then the Town retains sole discretion to terminate the employment of one spouse/domestic partner. This will not be considered disciplinary in nature and will not be subject to any administrative appeal.
13.9 POLICY PROHIBITING THE USE OF DRUGS AND ALCOHOL
13.9.1 PURPOSE
The intent of this policy is to eliminate substance abuse and its effects in the workplace.
47 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 105
This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines the responsibilities of managers, Supervisors and Employees.
The objectives of this policy are to: (a) eliminate any use of alcohol or drugs which could impair an Employee’s ability to safely and effectively perform the functions of their job; (b) encourage Employees who think they may have an alcohol or drug usage problem to voluntarily seek confidential assistance; and (c) emphasize training and rehabilitation. However, even with the emphasis on rehabilitation, it must be understood that for those who demonstrate problems in job performance or for those who are involved with or under the influence of drugs or alcohol on the job, disciplinary action will be taken.
The term “drug” or “drugs” when used in this policy means any controlled substance that is not legally obtainable under State or Federal law, a prescription drug obtained or used without benefit of a valid prescription by a medical provider licensed to prescribe medications, and marijuana even if prescribed by a medical provider licensed to prescribe medications.
13.9.2 SCOPE
This policy applies to all Employees when working for or officially representing the Town.
This policy applies to alcohol and drugs which could impair an Employee’s ability to effectively and safely perform the functions of his/her job.
13.9.3 POLICY
It is the Town’s policy that Employees will not use or be under the influence of alcohol or drugs, or possess alcohol or drugs at any work site or Town property, while on duty, breaks or meal periods.
In order to promote a safe, productive and efficient workplace, the Town has the right to search and inspect all Town property, including but not limited to lockers, storage areas, furniture, Town vehicles, and other places under the common control of the Town, or joint control of the Town, and Employees. No Employee has any expectation of privacy in any Town building, property, or communications system.
48 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 106
Employees are urged to seek voluntary confidential assistance if they believe they may have an alcohol or drug use problem. Information about the Town’s Employee Assistance Program is available at http://www.calhr.ca.gov/employees/pages/eap.aspx.
13.9.4 The manufacture, distribution, dispensation, possession, or use of alcohol or drugs is prohibited in both Town workplaces and wherever Town business is performed.
13.9.5 EMPLOYEE RESPONSIBILITIES
1. It is the Employee’s responsibility to demonstrate satisfactory job performance and follow the Town’s drug and alcohol-free workplace policy.
2. Employees will report to work with the ability to perform job duties not impaired due to on or off duty alcohol or drug use.
3. Employees are responsible for the personal implementation of this policy to facilitate safe and effective job performance.
4. Employees will not possess or use alcohol or drugs during working hours or while subject to duty. This includes breaks and meal periods.
5. Prescription and over-the-counter medications are not prohibited when taken in standard dosage and/or according to a valid prescription by a medical provider licensed to prescribe medications. However, an Employee taking prescribed or over- the-counter medications is responsible for consulting the prescribing health care provider and/or pharmacist to ascertain whether the medication may interfere with the ability to safely and effectively perform the Employee’s job. If the use of a medication would compromise the safety of the Employee, fellow Employees, or the public, or interfere with the effective performance of duties, it is the Employee’s responsibility to notify his/her Supervisor before beginning work.
6. An Employee may be required to submit to a fitness for duty examination where there is a reasonable and objective belief that an Employee may be impaired by prescription or over-the-counter medications. The examination will be limited to determining
49 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 107
whether the Employee can safely and effectively perform the functions of the job with or without accommodation. Such examinations will be conducted in compliance with State and Federal law.
7. An Employee will not directly or indirectly through a third party manufacture, sell, distribute, dispense, or provide drugs to any person, including any Employee, at Town workplaces or where Town business is performed; or manufacture, sell, distribute, dispense or provide alcohol to any Employee while either or both are on duty;
8. An Employee will notify the Town Manager of any criminal conviction for a drug violation that occurred in the workplace within no more than five (5) days after such conviction;
9. An Employee will notify the Supervisor immediately of facts or reasonable suspicions when s/he observes behavior or other evidence that a fellow Employee poses a risk to the health and safety of the Employee or others due to the use of alcohol or drugs.
13.9.6 MANAGEMENT RESPONSIBILITIES AND GUIDELINES
1. Managers and Supervisors should notify the Town Manager or his/her designee when they have reasonable suspicion to believe that an Employee may be under the influence of drugs or alcohol, or have drugs in his/her possession.
2. Employees reasonably believed to be under the influence of alcohol or drugs will be prevented from engaging in further work, and may be sent for drug or alcohol testing if two (2) Supervisory Employees document their observations and the facts that lead them to believe that the Employee is under the influence of alcohol or drugs. The reasonable suspicion factors are listed below, and must be documented in writing prior to sending any Employee for drug or alcohol testing. A Supervisor can require a medical certification of fitness for duty, before allowing the Employee to return to work.
Reasonable suspicion factors include:
50 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 108
1. Presence or possession of alcohol, alcohol containers, drugs or drug paraphernalia;
2. Appearance, including: flushed, disheveled, bloodshot or glassy eyes, tremors, profuse sweating, dilated or constricted pupils, inappropriate wearing of sunglasses, dry mouth symptoms, runny nose, sores, smell of alcohol, puncture marks;
3. Behavior or speech, including: incoherent, slurred, unconscious, confused, slowed, hostile or confrontational, agitated, sleeping on the job;
4. Awareness, including: confused, mood swings, lethargic, paranoid, lack of coordination, euphoric, disoriented;
5. Motor skills/balance, including: unsteady, swaying, falling, staggering, stumbling, reaching for support, arms raised for balance.
6. Notify the state or federal granting agency which has funded the work or program, if any, of any criminal drug statute convictions for a violation that occurred at a site where work is/was being done with a specific grant or contract;
7. Take appropriate disciplinary action for any criminal drug statute conviction that has a nexus to the Employee’s employment, or require that the convicted Employee participate satisfactorily in a drug abuse assistance or rehabilitation program as a condition of returning to duty;
8. Take appropriate disciplinary action for any violation of this policy consistent with existing discipline procedures;
9. Enforce this policy; and
10. Report any suspected violation of this policy to the Town Manager.
13.9.7 DISCIPLINARY ACTION
Compliance with this policy is a condition of Town employment. Disciplinary action will be taken against those who violate this policy. Even first-time violations of this policy may be grounds for disciplinary action up to and including termination. In addition, the Town may, but
51 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 109
is not required to, refer Employees to counseling and treatment in lieu of disciplinary action.
13.10 NON-SMOKING POLICY
Smoking is prohibited in all Town facilities and vehicles.
13.11 GIFTS AND GRATUITIES
Employees should not solicit or accept gifts from a private source. However, nominal gifts of minimal value that are consumable and/or shareable, such as snacks and floral gifts, are acceptable if made available to the entire Town staff.
13.12 VIOLENCE PREVENTION POLICY
13.12.1 POLICY
The Town is committed to providing a safe and secure workplace for Employees and the public. The Town will not tolerate acts or threats of violence in the workplace. The workplace includes any location where Town business is conducted, including vehicles and parking lots. Any violation of this policy may lead to criminal prosecution, and/or disciplinary action, up to and including termination.
13.12.2 PROHIBITED BEHAVIOR
Employees are prohibited from engaging in or promoting acts of intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person while in the course of Town employment. The Town has zero tolerance for any conduct that references workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting.
Employees engaged in Town business are prohibited from carrying or using weapons, unless authorized by the Town Manager.
13.12.3 DEFINITIONS
“Workplace Violence”: is any conduct that causes an individual to reasonably fear for his or her personal safety or the safety of his or her family, friends, and/or property. Examples of Workplace Violence include, but are not limited to, the following:
1. Threats or acts of physical harm directed toward an individual or
52 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 110
his/her family, friends, associates, or property.
2. The destruction of or threat of destruction of Town property or another Employee’s property.
3. Harassing or threatening phone calls.
4. Surveillance.
5. Stalking, including cyber stalking.
6. Possession of offensive or defensive weapons (e.g., illegal knives, clubs, mace, pepper spray, tear gas) unless specifically required or authorized and approved by the Town Manager. Weapons are defined as chemical sprays, clubs or batons, and knives, and any other device, tool, chemical agent or implement that can cause bodily harm if used as a weapon or displayed in such a manner to cause harm or threaten a person with harm.
13.12.4 INCIDENT REPORTING PROCEDURES
1. Employees must immediately report Workplace Violence to their Supervisor. The Supervisor will report the matter to the Town Manager.
2. The Town Manager or his/her designee will document the incident, including the Employee names(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident, action taken, and provide any other relevant information regarding the incident.
3. The Town Manager will take appropriate steps to provide security, such as:
a. Placing the Employee alleged to have engaged in Workplace Violence on administrative leave, pending investigation;
b. Asking any threatening or potentially violent person to leave the site; and/or
c. Immediately contacting an appropriate law enforcement agency.
53 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 111
13.12.5 INVESTIGATION
The Town Manager will ensure that reported violations of this policy are investigated as necessary.
13.12.6 MANAGEMENT RESPONSIBILITY
Each Manager and Supervisor has authority to enforce this policy by:
1. Assuring that reports of Workplace Violence are documented accurately and timely;
2. Notifying the Town Manager and/or law enforcement authorities of any incidents;
3. Making all reasonable efforts to maintain a safe and secure workplace; and
4. Maintaining records and follow up actions as to Workplace Violence reports.
13.12.7 FOLLOW-UP AND DISCIPLINARY PROCEDURES
An Employee found in violation of this policy will be subject to disciplinary action, up to and including termination of employment. In addition, Employees found in violation of this policy may be subject to criminal prosecution.
13.13 LACTATION ACCOMMODATION
The Town will provide a reasonable amount of break time to an Employee wishing to express breast milk for her infant child. This break time will, if possible, run concurrently with break time already provided to the Employee. If this break time occurs outside of an Employee’s normal break time, it will be unpaid.
The Town will make reasonable efforts to provide the Employee with the use of a room or other location, other than a bathroom, in close proximity to the Employee’s work area for the Employee to express breast milk in private. The location may be the place where the Employee normally works, if that area can be made reasonably private. The Town is not required to provide break time on any given occasion if the break would seriously disrupt Town operations.
54 of 54 c:\users\shanlon\appdata\local\microsoft\windows\temporary internet files\content.outlook\6sj8plli\personnel manual 2014 final w highlights.docx Page 112
RESOLUTION NO. ______2015
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY ADOPTING THE REVISED TOWN OF PORTOLA VALLEY PERSONNEL POLICIES MANUAL
WHEREAS, the Town Council of the Town of Portola Valley (“Town”) last revised and adopted the Town of Portola Valley Personnel Policies Manual (“Personnel Manual”) on January 25, 2012, by Resolution 2542-2012; and
WHEREAS, the Town recently changed to a 40 hour work week which necessitated revisions to the Personnel Manual; and
WHEREAS, the Town undertook a thorough review of the Personnel Manual and desires to make revisions to the Personnel Manual for consistency, clarity, to reflect current Town practice and to comply with current law; and
WHEREAS, the Town Council of the Town of Portola Valley reviewed and considered the revised Personnel Manual at a regular meeting of the Town Council.
NOW, THEREFORE, the Town Council of the Town of Portola Valley does RESOLVE as follows:
The Town Council of the Town of Portola Valley hereby approves and adopts the attached Town of Portola Personnel Policies Manual dated February 2015 as the official personnel policies of the Town.
PASSED AND ADOPTED this 25th day of February, 2015.
By: ______Jeff Aalfs, Mayor
ATTEST:
______Sharon Hanlon, Town Clerk
C:\Users\shanlon\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\6SJ8PLLI\Personnel Manual 2015 res.doc Page 113
MEMORANDUM
TOWN OF PORTOLA VALLEY
______
TO: Mayor and Members of the Town Council
FROM: Nick Pegueros, Town Manager
DATE: February 25, 2015
RE: Pension and Retiree Medical Liabilities
RECOMMENDATION Receive report from Town staff on current employee and retiree medical liabilities and direct staff to work with the Finance Committee on the following: 1. Analyze the benefit of pre-funding unfunded accrued pension liabilities and retiree medical liabilities, and 2. Identify and recommend an action with respect to accounting for or pre-funding either or both liabilities.
BACKGROUND For the first time in over a decade, the Town has actuarial calculations of its pension and retiree medical assets and liabilities. Pension assets and liabilities are the result of the benefits provided to eligible Town employees. Retiree medical liabilities are the result of the Town’s contract for medical for active employees. When assets are insufficient to pay for the calculated actuarial liabilities, an unfunded liability arises. Given the Town’s overall fiscal strength and the new information presented by the actuarial reports, staff would like to provide the Council with an overview of known-to- date unfunded liabilities.
DISCUSSION In sum, the Town is expected to have unfunded liabilities between pension and retiree medical benefits totaling $1,263,752. As a measure of prudent financial management, the Town Council recently authorized the establishment of General Fund assignments for the full unfunded liabilities. This ensures that sufficient funds are available without compromising the Town’s ongoing finances should the Town desire to fund all or a portion of the liabilities.
At this point, the Town Council is asked to receive and discuss the information presented and direct the Town’s Finance Committee to work with staff on an analysis of whether funding the unfunded pension liability is a fiscally prudent action. In order to fund the unfunded pension and retiree medical liabilities, the Town would be required to Page 114 Page 2 February 25, 2015
transfer funds from the General Fund to an irrevocable trust for the benefit of employees.
Pension - The Town’s pension contract with CalPERS is a defined benefit plan that provides employees a guaranteed post-retirement income until death. The retiree’s benefit is calculated on three basic factors: 1) years of CalPERS service, 2) average annual income, and 3) a percentage (benefit factor) that fluctuates depending on retirement age.
Attachment 1 provides a table detailing the benefit factors for the Town’s two contracts (2.0% @ 55 for classic members and 2.0% @ 62 for new members) based on age at retirement. The pension benefit is portable to other CalPERS contracting agencies (which is nearly all cities and towns in California), making it an attractive benefit for employee recruitment and retention. When discussing the Town’s pension liabilities, the focus is solely on the Town’s 2.0% @ 55 contract for classic members. With the exception of one employee, all Town employees are classified as “classic members.”
In late November 2014, CalPERS provided the Town with the most recent CalPERS calculation of its unfunded pension liability based on the most recent market valuation of assets (June 30, 2013) in the amount of $955,472 (Attachment 2). The two primary components of the unfunded liability are: a) the cost to fully fund the pension as of June 30, 2014, and b) the cost of recouping the assets lost in the great recession.
The first component is equal to $438,303 and arises from a decision by the CalPERS board to allocate the pool’s unfunded pension liability to each individual member agency of the pool. The effect of that policy was that no new monies were flowing into the “classic member” risk pools. The second component of $517,169 is the allocation of CalPERS losses/(gains) on their portfolio below/(above) the portfolio’s actuarially assumed rate of return of 7.5%. While the CalPERS portfolio has recovered considerably, the magnitude of loss during the Great Recession and the decision by the CalPERS Board to “smooth” this loss over several years has amplified its impact.
Options to fund the pension liability. Any option exercised by the Town that would designate funds to offset an unfunded pension liability would be set aside into an irrevocable trust. In other words, once the Town transfers funds, there’s no possibility of getting the funds back. This loss of control is perhaps the single largest risk exposure if the Town Council decides to fund any or all of the pension liability.
One option to fund its unfunded pension liability in any amount up to the full amount is to send extra payments to CalPERS. Attachment 3 demonstrates the savings if the Town were to fully fund its liability AND if CalPERS were to average a 7.5% return on investment over the next several years. In this scenario, the Town could save 7.5% in interest expense on the unfunded liabilities. Given the Town’s current return on investment (0.26%) the alternative to pay down debt with an interest rate of 7.5% is appealing. Another option would be to investigate a multi-employer irrevocable trust that is managed by the Town and which could be invested more aggressively. Page 115 Page 3 February 25, 2015
Alternatives to CalPERS. The Council should know that terminating its contract with CalPERS is possible, provided the Town is able to meet the unfunded “hypothetical termination liability” of approximately $3.7 million. By exercising this option, the Town could provide its employees with a defined contribution retirement plan and eliminate its exposure to future ups and downs of CalPERS and the ripple effect of those fluctuations on the Town budget. Loss of the CalPERS benefit will impact the Town’s ability to recruit and retain experienced local government professionals.
Retiree Medical. The Town contracts with CalPERS under the Public Employees’ Medical and Hospital Care Act (PEMHCA) to provide active employees with access to group medical insurance from a variety of providers (HMOs and PPOs). In accordance with PEMHCA statutes, the Town is required to provide an equal benefit to active employees and those employees who retire directly from the Town, which for 2015 is $1,464 per year or $122 per month. Active employees are provided a cafeteria plan benefit that they may use to purchase medical insurance through PEMHCA, or they may opt out due to medical insurance coverage that is provided by another source. It is important to note that prior to the Affordable Care Act, PEMHCA was effectively the only cost-effective option available to the small public agencies for the provision of medical benefits to their employees.
As of June 30, 2014, the Town’s actuarial analysis of the unfunded liability is $308,280. This amount arises from the commitments made to current and retired employees through the Town’s PEMHCA contract. As required by the Government Accounting Standards Board (GASB), the Town is required to select an amortization period between 10 and 30 years and then fund the liability over that period through annual required contributions (ARC). The Town is required to recognize the ARC as a liability each year but the Town is not required to commit assets to offset the ARC. The net ARC was $49,648 and was recorded as an OPEB liability on the Town’s balance sheet as of June 30, 2014.
It is recommended that the Town Council study the benefits of committing funds to the retiree medical liability in an annual amount no less than the ARC. Funds have already been assigned within the General Fund to provide for the full retiree medical liability of $308,280.
Options to fund the retiree medical liability. Similar to pension liabilities, any option exercised by the Town that would designate funds to offset an unfunded retiree medical liability would be deposited into an irrevocable trust. In other words, once the Town deposits funds to the trust, there’s no possibility of getting the funds back except for the provision of retiree medical benefits. This loss of control is perhaps the single largest risk exposure if the Town Council decides to fund any or all of the retiree medical liability.
One option to fund the unfunded retiree medical liability in any amount up to the full amount is to join a multi-employer trust fund established strictly for retiree medical liabilities (also known as OPEB). There are at least two known and well- Page 116 Page 4 February 25, 2015
established multi-employer trust funds available to the Town, and the recommendation is for the Finance Committee and staff to evaluate those options and make a final recommendation to the Town Council.
Alternatives to PEMHCA. Prior to the Affordable Care Act (ACA), the Town did not have a cost-effective option to provide employees with access to medical insurance. With the ACA, however, new health insurance products are evolving and one option could be to terminate the PEMHCA contract. By terminating the PEMHCA contract, the Town would substantially reduce and eventually eliminate the unfunded retiree medical liability.
Fiscal Impact The Town has already made sufficient assignments within the General Fund to fully fund these liabilities. It is recommended that Town staff, along with the Finance Committee, look at the benefits that accrue to the Town by funding all or a portion of the unfunded pension and retiree medical liabilities.
Attachments
1. Percentage of Final Compensation 2% @ 55 and 2% @ 62, from “What you need to know about Your CalPERS Local Miscellaneous Benefits” by CalPERS - http://www.calpers.ca.gov/eip-docs/about/pubs/member/your-benefits-your-future- local-misc.pdf 2. Annual Valuation Report as of June 30, 2013 for the Town of Portola Valley – classic members 3. Worksheet detailing annual savings of paydown of liability, prepared by CalPERS
ATTACHMENT #1 Page 117 percent P ERCENTAGE OF FINAL COMPENSATION 2 @55 Age 50 51 52 53 54 55 56 57 58 59 60 61 62 63+ Benefit Factor 1.426 1.522 1.628 1.742 1.866 2.000 2.052 2.104 2.156 2.210 2.262 2.314 2.366 2.418 Years of Service Percentage of Final Compensation 5 7.13 7.61 8.14 8.71 9.33 10.00 10.26 10.52 10.78 11.05 11.31 11.57 11.83 12.09 6 8.56 9.13 9.77 10.45 11.20 12.00 12.31 12.62 12.94 13.26 13.57 13.88 14.20 14.51 7 9.98 10.65 11.40 12.19 13.06 14.00 14.36 14.73 15.09 15.47 15.83 16.20 16.56 16.93 8 11.41 12.18 13.02 13.94 14.93 16.00 16.42 16.83 17.25 17.68 18.10 18.51 18.93 19.34 9 12.83 13.70 14.65 15.68 16.79 18.00 18.47 18.94 19.40 19.89 20.36 20.83 21.29 21.76 10 14.26 15.22 16.28 17.42 18.66 20.00 20.52 21.04 21.56 22.10 22.62 23.14 23.66 24.18 11 15.69 16.74 17.91 19.16 20.53 22.00 22.57 23.14 23.72 24.31 24.88 25.45 26.03 26.60 12 17.11 18.26 19.54 20.90 22.39 24.00 24.62 25.25 25.87 26.52 27.14 27.77 28.39 29.02 13 18.54 19.79 21.16 22.65 24.26 26.00 26.68 27.35 28.03 28.73 29.41 30.08 30.76 31.43 14 19.96 21.31 22.79 24.39 26.12 28.00 28.73 29.46 30.18 30.94 31.67 32.40 33.12 33.85 15 21.39 22.83 24.42 26.13 27.99 30.00 30.78 31.56 32.34 33.15 33.93 34.71 35.49 36.27 16 22.82 24.35 26.05 27.87 29.86 32.00 32.83 33.66 34.50 35.36 36.19 37.02 37.86 38.69 17 24.24 25.87 27.68 29.61 31.72 34.00 34.88 35.77 36.65 37.57 38.45 39.34 40.22 41.11 18 25.67 27.40 29.30 31.36 33.59 36.00 36.94 37.87 38.81 39.78 40.72 41.65 42.59 43.52 19 27.09 28.92 30.93 33.10 35.45 38.00 38.99 39.98 40.96 41.99 42.98 43.97 44.95 45.94 20 28.52 30.44 32.56 34.84 37.32 40.00 41.04 42.08 43.12 44.20 45.24 46.28 47.32 48.36 21 29.95 31.96 34.19 36.58 39.19 42.00 43.09 44.18 45.28 46.41 47.50 48.59 49.69 50.78 22 31.37 33.48 35.82 38.32 41.05 44.00 45.14 46.29 47.43 48.62 49.76 50.91 52.05 53.20 23 32.80 35.01 37.44 40.07 42.92 46.00 47.20 48.39 49.59 50.83 52.03 53.22 54.42 55.61 24 34.22 36.53 39.07 41.81 44.78 48.00 49.25 50.50 51.74 53.04 54.29 55.54 56.78 58.03 25 35.65 38.05 40.70 43.55 46.65 50.00 51.30 52.60 53.90 55.25 56.55 57.85 59.15 60.45 26 37.08 39.57 42.33 45.29 48.52 52.00 53.35 54.70 56.06 57.46 58.81 60.16 61.52 62.87 27 38.50 41.09 43.96 47.03 50.38 54.00 55.40 56.81 58.21 59.67 61.07 62.48 63.88 65.29 28 39.93 42.62 45.58 48.78 52.25 56.00 57.46 58.91 60.37 61.88 63.34 64.79 66.25 67.70 29 41.35 44.14 47.21 50.52 54.11 58.00 59.51 61.02 62.52 64.09 65.60 67.11 68.61 70.12 30 42.78 45.66 48.84 52.26 55.98 60.00 61.56 63.12 64.68 66.30 67.86 69.42 70.98 72.54 31 44.21 47.18 50.47 54.00 57.85 62.00 63.61 65.22 66.84 68.51 70.12 71.73 73.35 74.96 32 45.63 48.70 52.10 55.74 59.71 64.00 65.66 67.33 68.99 70.72 72.38 74.05 75.71 77.38 33 47.06 50.23 53.72 57.49 61.58 66.00 67.72 69.43 71.15 72.93 74.65 76.36 78.08 79.79 34 — 51.75 55.35 59.23 63.44 68.00 69.77 71.54 73.30 75.14 76.91 78.68 80.44 82.21 35 — — 56.98 60.97 65.31 70.00 71.82 73.64 75.46 77.35 79.17 80.99 82.81 84.63 36 — — — 62.71 67.18 72.00 73.87 75.74 77.62 79.56 81.43 83.30 85.18 87.05 37 — — — — 69.04 74.00 75.92 77.85 79.77 81.77 83.69 85.62 87.54 89.47 38 — — — — — 76.00 77.98 79.95 81.93 83.98 85.96 87.93 89.91 91.88 39 — — — — — — 80.03 82.06 84.08 86.19 88.22 90.25 92.27 94.30 40 — — — — — — — 84.16 86.24 88.40 90.48 92.56 94.64 96.72
888 CalPERS (or 888-225-7377) | www.calpers.ca.gov 25 Pagepercent 118 P ERCENTAGE OF FINAL COMPENSATION 2 @62 Age 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67+ Benefit 1.00 1.10 1.20 1.30 1.40 1.50 1.60 1.70 1.80 1.90 2.00 2.10 2.20 2.30 2.40 2.50 Factor Years of Percentage of Final Compensation Service 5 5.00 5.50 6.00 6.50 7.00 7.50 8.00 8.50 9.00 9.50 10.00 10.50 11.00 11.50 12.00 12.50 6 6.00 6.60 7.20 7.80 8.40 9.00 9.60 10.20 10.80 11.40 12.00 12.60 13.20 13.80 14.40 15.00 7 7.00 7.70 8.40 9.10 9.80 10.50 11.20 11.90 12.60 13.30 14.00 14.70 15.40 16.10 16.80 17.50 8 8.00 8.80 9.60 10.40 11.20 12.00 12.80 13.60 14.40 15.20 16.00 16.80 17.60 18.40 19.20 20.00 9 9.00 9.90 10.80 11.70 12.60 13.50 14.40 15.30 16.20 17.10 18.00 18.90 19.80 20.70 21.60 22.50 10 10.00 11.00 12.00 13.00 14.00 15.00 16.00 17.00 18.00 19.00 20.00 21.00 22.00 23.00 24.00 25.00 11 11.00 12.10 13.20 14.30 15.40 16.50 17.60 18.70 19.80 20.90 22.00 23.10 24.20 25.30 26.40 27.50 12 12.00 13.20 14.40 15.60 16.80 18.00 19.20 20.40 21.60 22.80 24.00 25.20 26.40 27.60 28.80 30.00 13 13.00 14.30 15.60 16.90 18.20 19.50 20.80 22.10 23.40 24.70 26.00 27.30 28.60 29.90 31.20 32.50 14 14.00 15.40 16.80 18.20 19.60 21.00 22.40 23.80 25.20 26.60 28.00 29.40 30.80 32.20 33.60 35.00 15 15.00 16.50 18.00 19.50 21.00 22.50 24.00 25.50 27.00 28.50 30.00 31.50 33.00 34.50 36.00 37.50 16 16.00 17.60 19.20 20.80 22.40 24.00 25.60 27.20 28.80 30.40 32.00 33.60 35.20 36.80 38.40 40.00 17 17.00 18.70 20.40 22.10 23.80 25.50 27.20 28.90 30.60 32.30 34.00 35.70 37.40 39.10 40.80 42.50 18 18.00 19.80 21.60 23.40 25.20 27.00 28.80 30.60 32.40 34.20 36.00 37.80 39.60 41.40 43.20 45.00 19 19.00 20.90 22.80 24.70 26.60 28.50 30.40 32.30 34.20 36.10 38.00 39.90 41.80 43.70 45.60 47.50 20 20.00 22.00 24.00 26.00 28.00 30.00 32.00 34.00 36.00 38.00 40.00 42.00 44.00 46.00 48.00 50.00 21 21.00 23.10 25.20 27.30 29.40 31.50 33.60 35.70 37.80 39.90 42.00 44.10 46.20 48.30 50.40 52.50 22 22.00 24.20 26.40 28.60 30.80 33.00 35.20 37.40 39.60 41.80 44.00 46.20 48.40 50.60 52.80 55.00 23 23.00 25.30 27.60 29.90 32.20 34.50 36.80 39.10 41.40 43.70 46.00 48.30 50.60 52.90 55.20 57.50 24 24.00 26.40 28.80 31.20 33.60 36.00 38.40 40.80 43.20 45.60 48.00 50.40 52.80 55.20 57.60 60.00 25 25.00 27.50 30.00 32.50 35.00 37.50 40.00 42.50 45.00 47.50 50.00 52.50 55.00 57.50 60.00 62.50 26 26.00 28.60 31.20 33.80 36.40 39.00 41.60 44.20 46.80 49.40 52.00 54.60 57.20 59.80 62.40 65.00 27 27.00 29.70 32.40 35.10 37.80 40.50 43.20 45.90 48.60 51.30 54.00 56.70 59.40 62.10 64.80 67.50 28 28.00 30.80 33.60 36.40 39.20 42.00 44.80 47.60 50.40 53.20 56.00 58.80 61.60 64.40 67.20 70.00 29 29.00 31.90 34.80 37.70 40.60 43.50 46.40 49.30 52.20 55.10 58.00 60.90 63.80 66.70 69.60 72.50 30 30.00 33.00 36.00 39.00 42.00 45.00 48.00 51.00 54.00 57.00 60.00 63.00 66.00 69.00 72.00 75.00 31 31.00 34.10 37.20 40.30 43.40 46.50 49.60 52.70 55.80 58.90 62.00 65.10 68.20 71.30 74.40 77.50 32 32.00 35.20 38.40 41.60 44.80 48.00 51.20 54.40 57.60 60.80 64.00 67.20 70.40 73.60 76.80 80.00 33 33.00 36.30 39.60 42.90 46.20 49.50 52.80 56.10 59.40 62.70 66.00 69.30 72.60 75.90 79.20 82.50 34 34.00 37.40 40.80 44.20 47.60 51.00 54.40 57.80 61.20 64.60 68.00 71.40 74.80 78.20 81.60 85.00 35 35.00 38.50 42.00 45.50 49.00 52.50 56.00 59.50 63.00 66.50 70.00 73.50 77.00 80.50 84.00 87.50 36 36.00 39.60 43.20 46.80 50.40 54.00 57.60 61.20 64.80 68.40 72.00 75.60 79.20 82.80 86.40 90.00 37 37.00 40.70 44.40 48.10 51.80 55.50 59.20 62.90 66.60 70.30 74.00 77.70 81.40 85.10 88.80 92.50 38 38.00 41.80 45.60 49.40 53.20 57.00 60.80 64.60 68.40 72.20 76.00 79.80 83.60 87.40 91.20 95.00 39 39.00 42.90 46.80 50.70 54.60 58.50 62.40 66.30 70.20 74.10 78.00 81.90 85.80 89.70 93.60 97.50 40 40.00 44.00 48.00 52.00 56.00 60.00 64.00 68.00 72.00 76.00 80.00 84.00 88.00 92.00 96.00 100.00
888 CalPERS (or 888-225-7377) | www.calpers.ca.gov 29 Page 119 ATTACHMENT #2
ACTUARIAL VALUATION as of June 30, 2013
for the MISCELLANEOUS PLAN of the TOWN OF PORTOLA VALLEY (CalPERS ID: 7325167619)
REQUIRED CONTRIBUTIONS FOR FISCAL YEAR July 1, 2015 - June 30, 2016 Page 120
Section 1
CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
Plan Specific Information for the MISCELLANEOUS PLAN of the TOWN OF PORTOLA VALLEY
(CalPERS ID: 7325167619) (Rate Plan: 1606)
(CY) FIN PROCESS CONTROL ID: 434584 (PY) FIN PROCESS CONTROL ID: 422078 REPORT ID: 79602 Page 121
TABLE OF CONTENTS
ACTUARIAL CERTIFICATION 1
HIGHLIGHTS AND EXECUTIVE SUMMARY
