CITY COUNCIL AGENDA
CLOSED SESSION FOLLOWING
March 21, 2023
REGULAR SESSION - 6:00 P.M.
ANDERSON CITY HALL
1887 Howard Street
PARTICIPATION BY PUBLIC IN MEETING
Please review the Agenda to determine if the subject you wish to discuss is scheduled for Council consideration. If it is on the Agenda, you will have an opportunity when that matter comes up for discussion to briefly address the Council.
If the subject is not on tonight's Agenda, please complete an Agenda Request Form (on Clerk's table) and present it to the City Council Clerk. You will have the opportunity to speak on the subject under Item 5.2. However, if the item is not on the Agenda, each speaker will be limited to one three (3) minute opportunity to speak, unless the City Council makes an exception due to special circumstances.
The Brown Act prohibits the Council from taking action on any item not placed on the printed Agenda in most cases.
The Brown Act requires any non-confidential documents or writings distributed to a majority of the City Council less than 72 hours before a regular meeting will be made available to members of the public at the same time they are distributed.
City Council meetings are televised and can be seen live on Cable Public Access Channel 181 (previously Channel 11) and on tape delay the following morning at 10:00 a.m. City Council meetings may also be viewed on the City's website at www.d.andersoJJ.ca.ys by clicking on the TV icon on the Home Page.
In compliance with the Americans with Disabilities Act, the City of Anderson will make available to members of the public any special assistance necessary to participate in this meeting. The public should contact the City Clerk's office (378-6646) to make such a request. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
This is an Equal Opportunity Program. Discrimination is prohibited by Federal Law.
Complaints of discrimination may be filed with the Secretary of Agriculture, Washington, D.C. 20250.
City Council Meeting
March 21, 2023
1.0 ROLL CALL - COUNCIL:
REGULAR SESSION - 6:00 P.M,
Councilmember Hunt
Councilmember Gallier
Councilmember Baugh
Vice-Mayor Neutze
Mayor Gallagher
2.0 INVOCATION -Planning Commissioner Ron Barnett will give the invocation.
3.0 PLEDGE OF ALLEGIANCE - Councilmember Dan Gallier.
4.0 STUDENT REPORTS
a. Daniel Stroup from the teen center will give an update on current activities. b. A student from Anderson High School will give an update on student activities.
4.2 PROCLAMATION - Proclaiming April 1-8, 2023 as Week of the Young Child will be presented to Jackie Scott, First 5 Shasta.
4.3 PRESENTATION - Anderson Cottonwood Irrigation District General Manager Jered Shipley will give a presentation on the upcoming irrigation season.
5.2 PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA - This is the time to address public comments by any member of the public to the Council regarding an item not on the agenda. Each comment must be limited to 3 minutes or less and on an item within the City's subject matter jurisdiction. The Brown Act does not permit any action or discussion on items not listed on the agenda. Are there any public comments?
CONSENT AGENDA
6.0 CONSENT AGENDA - Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any member of the public, staff or City Council may request that an item be removed from the Consent Agenda for separate discussion. Are there any requests to remove any items from the Consent Agenda?
6.1 MINUTES -Approve the minutes of the regular meeting of March 7, 2023.
6.2 WARRANTS - Receive and file warrant 28065 to 28112 in the amount of $60,725.89; Receive and file warrant 28113 to 28169 in the amount of $126,224.57; Receive and file ACH in the amount of$50,689.36.
City Council Meeting
March 21, 2023
Page3
END OF CONSENT CALENDAR
6.11 ITEMS (IF AN)J REMOVED FROM THE CONSENT CALENDAR - Items removed from the Consent Agenda for discussion will be treated as Regular Agenda items and any member of the public may request to address the Council on any such item as it comes up for discussion. Please provide your name and limit your remarks to 3 minutes or Jess.
REGULAR AGENDA
8.0 REGULAR AGENDA - Regular Agenda Items will be discussed individually and in order.
Any member of the public may request to address the Council on an item as it comes up for discussion. Please provide your name and limit your remarks to 3 minutes or less.
CITY ATTORNEY
8.2a CONSIDER APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF ANDERSON AND THE ANDERSON POLICE MANAGEMENT ASSOCIATION RECOMMENDED ACTION:
1. Receive a Staff Report
2. Consider adoption of Resolution to approve the Memorandum of Understanding between the City of Anderson and the Anderson Police Management Association for a term beginning on April 1, 2023 and ending on January 1, 2026.
3. Authorize staff to amend the APOA MOU to remove Sergeants from that bargaining unit, effective April 1, 2023
8.2b INTRODUCE AN ORDINANCE (FIRST READING), AMENDING CHAPTER 10.60 OF THE ANDERSON MUNICIPAL CODE WHICH PERTAINS TO "REGULATION OF SPECIAL EVENTS"
RECOMMENDED ACTION:
1. Introduce Ordinance No. _ (First Reading), amending Chapter 10.60 of the Anderson Municipal Code which pertains to "Regulation of Special Events" and set for enactment on April 4, 2023 (Second Reading)
2. Determine the ordinance is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that the project will have no possibility for causing a significant effect on the environment.
3. Direct the City Clerk to read the Ordinance by title only.
City Council Meeting
March 21, 2023
8.2c INTRODUCE AN ORDINANCE (FIRST READING), AMENDING SECTION 9.38.140 "PARK CLOSURES" OF THE CITY OF ANDERSON MUNICIPAL CODE TO AMEND PARK HOURS RECOMMENDED ACTION;
1. Introduce Ordinance No._ (First Reading), Amending Section 9.38.140 "Park Closures" of the City of Anderson Municipal Code to amend park hours and set for enactment on April 4, 2023 (Second Reading).
2. Determine the ordinance is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that the project will have no possibility for causing a significant effect on the environment.
3. Direct the City Clerk to read the Ordinance by title only.
DEPUTY PUBLIC WORKS DIRECTOR
8.9 APPROVAL OF THE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PLEASANT HILLS SUBDIVISION PHASE 5
RECOMMENDED ACTION:
1. Authorize the City Manager to enter into a subdivision agreement with BRIAN A. WALKER AND JENNIFER L. WALKER, TRUSTEES OF THE BRIAN A. AND JENNIFER L. WALKER REVOCABLE TRUST, AS TO AN UNDIVIDED 70% AND JON C. WARREN AND SHANDA M. WARREN, TRUSTEES OF THE WARREN 2006 TRUST DATED JULY 19, 2006, AS TO THE REMAINING 30%, for improvements for Unit 5 of Pleasant Hills Subdivision; and
2. Approve the Final Map for Pleasant Hills Subdivision Unit 5 and direct the City Clerk to file the Final Map with Shasta County.
11.0 COUNCIL REPORTS/COMMENTS - City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bi/11234.)
12.0 Public Comment on Closed Session ltem(s); Anyone in the audience who wants to address the City Council on a subject which is listed under the Closed Session agenda is now invited to come to the podium. Please provide your name and the subject you wish to discuss. Please limit your remarks to 3 minutes or less.
The City Council will convene to Closed Session.
CLOSED SESSION
C.S.1 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION - Initiation of litigation pursuant to§ 54956.9(c): (Two Cases) The City Council will reconvene to o»en Session.
City Council Meeting
March 21, 2023
13.0 CLOSED SESSION ANNOUNCEMENT: The Mayor will announce the results of the Closed Session.
14.0 ADJOURN - The City Council will awourn to April 4. 2023.
City of .'A.ntferson
ProcCamation
w~~x o:r 'I':Jf~ YOUN(; C:JfI£'D
.Jt._pri{ 1-8, 2023
First 5 Shasta is proud to promote and support recognition of and engagement in Week of the Young Child™ (WOYC). On behalf of our staff, all early childhood professionals, and other community partners in Shasta County, First 5 Shasta has submitted a request to the City of Anderson Mayor to proclaim April as the Month of the Young Child and to designate April 1-8, 2023 as the Week of the Young Child™.
Whereas, First 5 Shasta, in conjunction with the National Association for the Education of Young Children (NAEYC), are celebrating the Week of the Young Child™, April 1-8, 2023; and
Whereas, these organizations are working to promote and inspire high quality early childhood experiences for our county's youngest citizens, that can provide a foundation of learning and success for children in Anderson; and
Whereas, teachers and others who work with or on behalf of young children birth through age five, who make a difference in the lives of young children in Anderson deserve thanks and recognition; and
Whereas, public policies that support early learning for all young children are crucial to young children's futures and to the prosperity of our society; I, Baron Browning, Mayor of Anderson, do hereby proclaim April 1-8, 2023 as the Week of the Young Child™ in Anderson, CA and encourage all citizens to work to support and invest in early childhood in Anderson.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Corporate Seal of the City of Anderson
to be affixed this 21st day of March 2023
Mike Gallagher, Mayor
ANDERSON CITY COUNCIL MINUTES
Regular Meeting
March 7, 2023
REGULAR SESSION
The regular session was called to order at 6:00 p.m.
ROLL CALL
Councilmembers present: Councilmember Hunt
Councilmember Gallier
Councilmember Baugh
Vice-Mayor Neutze
Mayor Gallagher
DRAFT
Also present: City Manager Jeff Kiser, Assistant City Manager Liz Cottrell, City Attorney Collin Bogener, Police Chief Jon Poletski and City Clerk Christy White.
INVOCATION
Nick Braito, Neighborhood Church of Anderson/Cottonwood, gave the invocation.
PLEDGE OF ALLEGIANCE
Councilmember Susie Baugh led the Pledge of Allegiance.
INTRODUCTIONS
Finance Office Manager Cindy Wheeler introduced new Account Clerk Ill Raquel Daoust.
Raquel thanked Council for the opportunity and looks forward to working with the community.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA -None.
CONSENT AGENDA
By motion made, second (Gallier/Neutze) and carried by a 5-0 vote, Council took the following action.
Approved the minutes of the regular meeting of February 21, 2023.
Received and filed warrant 27938 to 27998 in the amount of $92,441.23; Received and filed warrant 27999 to 28064 in the amount of $359,445.29.
ITEM 6.1 3/21/2023
City Council Meeting
March 21, 2023
Received and filed the quarterly treasurer's report for the fiscal quarter ended December 31, 2022
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Gallier, Neutze, Hunt, Baugh and Mayor Gallagher.
None.
None.
None.
REGULAR AGENDA
CITY MANAGER
APPOINT COUNCIL MEMBERS TO THE BUDGET COMMITTEE
City Manager Jeff Kiser started the conversation then turned it over to Mayor Gallagher to discuss the two nominations.
By motion made, seconded (Hunt/Baugh) and carried by a 5-0 vote Council voted to appoint Councilmember Dan Gallier and Vice Mayor Stan Neutze to the budget committee.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Hunt, Baugh, Gallier, Neutze and Mayor Gallagher.
None.
None.
None.
COUNCIL REPORTS/COMMENTS
Councilmembers used this time to report on meetings and activities they participated in and to announce upcoming events.
Public Comment on Closed Session Items - None.
6;37 p,m.: The City Council convened to Closed Session.
CLOSED SESSION
7:36 p.m.: The City Council reconvened to Open Session.
CLOSED SESSION ANNOUNCEMENT
Mayor Gallagher along with City Attorney Collin Bogener announced that the Council sat in Closed Session with the following results.
City Council Meeting
March 21, 2023
C.S.1 CONFERENCE WITH LABOR NEGOTIATORS (§54957,6)
- Agency designated representatives: City Clerk Christy White and City Attorney Collin Bogener
- Employee organization: Anderson Police Manager's Association No reportable action, direction given to staff to follow up with the bargaining unit.
C.S.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (§ 54956.9) - Name of Case: Rawlins v. City of Anderson, et al., Case No. 2:21-cv-00567-TLNDMC No reportable action, direction given to follow up with litigation Council.
C.S.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to§ 54956.9(c): (One Case) No reportable action, City Attorney will follow up.
C.S.4 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS (SECTION 54956,8) - Property: 2800 Douglas Street, Anderson, CA 96007
Agency Negotiation: City Manager Jeff Kiser
Negotiating Parties: Michael and Judy Hubert
Under Negotiation: Value of Property
No reportable action.
ADJOURNMENT
7:36p.m.: The City Council adjourned to March 21, 2023.
Mike Gallagher, Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
!March 21, 2023 City Council Meeting
Approved for Submittal By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
From: Liz Cottrell, Finance Director /Treasurer
Date: March 21, 2023
!SUBJECT
Receive and File Weekly Warrant Registers.
I RECOMMENDATION
Receive and file warrant 28065 to 28112 in the amount of $60,725.89; Receive and file warrant 28113 to 28169 in the amount of $126,224.57; Receive and file ACH in the amount of $50,689.36.
I ATTACHMENT
Warrant Registers.
ITEM 6.2 PAGE1 3/21/2023
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
000126 ADAMS ASHBY GROUP, LLC.
PROFESSIONAL SERVICES 3/3/2023 28065 2,062.50
000132 ADAMS VIDEO PRODUCTIONS
PROFESSIONAL SERVICES 3/3/2023 28066 332.50
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 P/E 2/17/23 3/3/2023 28067 282.68
001224 STEPHEN BLUNK
CELL PHONE REIMBURSEMENT 3/3/2023 28068 75.00
001653 CA RURAL WATER ASSOCIATION
ANNUAL MEMBERSHIP 3/3/2023 28069 1,299.00
001754 CALIFORNIA VISION SERVICE
INSURANCE PREMIUM 3/3/2023 28070 119.50
001957 CBSC
CBSC FEES 3/3/2023 28071 267.30
002047 CHARTER COMMUNICATIONS
BUSINESS SERVICES 3/3/2023 28072 771.60
002489 LIZ COTTRELL
CELL PHONE REIMBURSEMENT 3/3/2023 28073 75.00
002561 CRAFCO, INC.
SUPPLIES 3/3/2023 28074 100.21
002857 DE LAGE LANDEN FINANCIAL SVC
SINTF·MONTHLY LEASE 3/3/2023 28075 282.40
002967 DEPT OF CONSERVATION
STRONG MOTION FEES 3/3/2023 28076 794.44
002983 DEPT. OF TRANSPORTATION
TRAFFIC SIGNAL MTNC #02-0041 3/3/2023 28077 1,284.22
Paget
VENDOR
003423
011720
003590
003618
003927
011814
004592
011780
005401
005445
005634
006153
006643
007474
NAME
DESCRIPTION
ENERPOWER
UTILITIES
ENLOE MEDICAL CENTER
PROFESSIONAL SERVICES
FASTENERS INC.
SUPPLIES
FERGUSON ENTERPRISES, INC.
SUPPLIES
MIKE GALLAGHER
HEALTH INS. REIMBURSEMENT
DAN GALLIER
HEALTH INS. REIMBURSEMENT
HAVEN HUMANE SOCIETY
ANIMAL CONTROL SERVICE-MAR 23
IKON ADVISORS, LLC
COACHING SUBSCRIPTION
NICHOLAS JONES
CELL PHONE REIMBURSEMENT
K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES
JEFF KISER
CELL PHONE REIMBURSEMENT
LOUCKS LANDSCAPE SUPPLY
MATERIALS
MCMASTER-CARR SUPPLY CO.
SUPPLIES
02 STAFFING, INC.
PROFESSIONAL SERVICES
CHECK CHECK CHECK
DATE NUMBER AMOUNT
3/3/2023 28078 1,451.00
3/3/2023 28079 34.00
3/3/2023 28080 205.26
3/3/2023 28081 1,299.78
3/3/2023 28082 514.00
3/3/2023 28083 1,854.00
3/3/2023 28084 8,607.42
3/3/2023 28085 900.00
3/3/2023 28086 7S.OO
3/3/2023 28087 2,751.39
3/3/2023 28088 75.00
3/3/2023 28089 382.45
3/3/2023 28090 331.82
3/3/2023 28091 411.75
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 3/3/2023 28092 59.17
007616 PACE ANALYTICAL SVCS., LLC
PROFESSIONAL SERVICES 3/3/2023 28093 2,595.62
007657 PAINT MART
SUPPLIES 3/3/2023 28094 339.11
007669 PAPE MACHINERY
SUPPLIES 3/3/2023 28095 2,074.81
007998 JON POLETSKI
CELL PHONE REIMBURSEMENT 3/3/2023 28096 75.00
008182 QUADIENT LEASING, INC.
MONTHLY LEASE 3/3/2023 28097 3,673.97
008270 NATHAN RAMIREZ
CELL PHONE REIMBURSEMENT 3/3/2023 28098 75.00
008661 RIVER CITY COMPLIANCE
PROFESSIONAL SERVICES 3/3/2023 28099 170.00
011714 RUSSELL ROBERTS
CELL PHONE REIMBURSEMENT 3/3/2023 28100 75.00
009081 SAN DIEGO POLICE EQUIPMENT,tNC
EQUIPMENT 3/3/2023 28101 7,970.49
009385 SHASTA CO. ARTS COUNCIL
PROFESSIONAL SERVICES 3/3/2023 28102 130.00
009393 SHASTA CO. DEPT RESOURCE MGMT
ANNUAL CUPA FEES-WELL #10 3/3/2023 28103 787.17
009903 SPHERION STAFFING LLC
PROFESSIONAL SERVICES 3/3/2023 28104 118.02
009937 • SST OIL
FUEL CHARGES 3/3/2023 28105 13,030.99
Page3
NAME CHECK CHECK CHECK
VENDOR I.D. DESCRIPTION DATE NUMBER AMOUNT
010180 SUNBELT RENTALS, INC.
EQUIPMENT RENTAL 3/3/2023 28106 1,103.84
010255 T ANDS DVBE, INC.
SUPPLIES 3/3/2023 28107 813.94
010874 VERIZON WIRELESS
SINTF-PHONE CHARGES 3/3/2023 28108 268.55
010887 VIC HANNAN LANDSCAPE INC.
MATERIALS 3/3/2023 28109 218.54
011674 WELLS FARGO VENDOR FINANCIALS
MONTHLY LEASE 3/3/2023 28110 357.45
011260 CHRISTY WHITE
CELL PHONE REIMBURSEMENT 3/3/2023 28111 75.00
011305 PETER WICKENHEISER
CELL PHONE REIMBURSEMENT 3/3/2023 28112 75.00
60,725.89
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR I.D. DESCRIPTION DATE NUMBER AMOUNT
83 ACE HARDWARE
SUPPLIES-JOB #6 3/10/2023 28113 2,692.07
335 AMERICAN PUBLIC WORKS ASSOC.
MEMBERSHIP DUES 3/10/2023 28115 402.00
6 15 AT&T CALNET
PHONE CHARGES 3/10/2023 28116 1,844.36
700 BADGER METER, INC.
EQUIPMENT 3/10/2023 28117 1,809.32
1757 CALL CENTER SALES PRO
PROFESSIONAL SERVICES 3/10/2023 28118 28.10
1971 CDW GOVERNMENT, INC.
EQUIPMENT 3/10/2023 28119 3,670.59
2047 CHARTER COMMUNICATIONS
INTERNET SERVICES 3/10/2023 28120 799.53
2165 CITY OF REDDING
LIBRARY CONTRIBUTION 3/10/2023 28121 3,670.73
2167 CITY OF REDDING
UTILITIES 3/10/2023 28122 207.47
2199 CLARK PEST CONTROL OF STOCKTON
PROFESSIONAL SERVICES 3/10/2023 28123 330.00
2434 COPYCATS
SUPPLIES 3/10/2023 28124 204.73
2634 CROWN MOTORS
PARTS 3/10/2023 28125 113.86
2960 DEPARTMENT OF JUSTICE (SDU)
CASEID#410000000045532 3/10/2023 28126 253.38
11815 DEWBERRY ARCHITECTS, INC.
PROFESSIONAL SERVICES 3/10/2023 28127 3,877.50
11819 JEREMY DUCOING
PARK RENTAL REFUND 3/10/2023 28128 37.50
NAME CHECK CHECK CHECK
VENDOR I.D. DESCRIPTION DATE NUMBER AMOUNT
3314 EDDIEAXNER 3/10/2023 28129 3,089.85
PROFESSIONAL SERVICES
3451 ENTERPRISE AUTO PARTS
PARTS 3/10/2023 28130 1.614.93
3452 ENTERPRISE FM TRUST
VEHICLE LEASES 3/10/2023 28131 18,801.13
3590 FASTENERS INC.
SUPPLIES 3/10/2023 28132 43.49
3618 FERGUSON ENTERPRISES, INC.
SUPPLIES 3/10/2023 28133 106.18
11816 SUMMER GARTON
PARK RENTAL REFUND 3/10/2023 28134 37.50
4028 GAYNOR TELESYSTEMS, INC.
PROFESSIONAL SERVICES 3/10/2023 28135 258.60
4096 GILES LOCK & SECURITY SYSTEM
SUPPLIES 3/10/2023 28136 106.18
11818 PEARL GOMEZ
PARK RENTAL REFUND 3/10/2023 28137 37.50
4318 PETER GRIGGS
PROFESSIONAL SERVICES 3/10/2023 28138 63.00
4592 HAVEN HUMANE SOCIETY
ANIMAL SERVICES 3/10/2023 28139 490.00
5096 INDEPENDENT BUSINESS FORM
PROFESSIONAL SERVICES 3/10/2023 28140 453.61
5111 INLAND BUSINESS MACHINES, IN
MONTHLY LEASE 3/10/2023 28141 271.53
11758 PAULA JONES
PROFESSIONAL SERVICES 3/10/2023 28142 52.50
5939 LEAGUE OF CALIFORNIA CITIES
MEMBERSHIP FEES 3/10/2023 28143 300.00
NAME CHECK CHECK CHECK
VENDOR I.D. DESCRIPTION DATE NUMBER AMOUNT
6000 LES SCHWAB TIRES
PROFESSIONAL SVCS & EQUIPMENT 3/10/2023 28144 1,011.21
6153 LOUCKS LANDSCAPE SUPPLY
MATERIALS 3/10/2023 28145 219.86
6229 LYRO PRINTING
PROFESSIONAL SERVICES 3/10/2023 28146 476.07
6816 MIKE'S HEATING AND AIR, INC.
PROFESSIONAL SERVICES 3/10/2023 28147 900.00
11792 MISSIONSQUARE-302204
PLAN #302204 PE 3/3/23 3/10/2023 28148 3,030.00
6904 MITEL CLOUD SERVICES
PHONE CHARGES 3/10/2023 28149 1,852.85
7058 MT. SHASTA SPRING WATER
DRINKING WATER 3/10/2023 28150 122.36
7118 MUTUAL OF OMAHA
INSURANCE PREMIUM MAR-23 3/10/2023 28151 3,598.13
7474 02 STAFFING, INC.
PROFESSIONAL SERVICES 3/10/2023 28152 274.50
7493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 3/10/2023 28153 288.14
7616 PACE ANALYTICAL SVCS., LLC
PROFESSIONAL SERVICES 3/10/2023 28154 1,055.40
7630 PACIFIC GAS & ELECTRIC
UTILITIES 3/10/2023 28155 62,706.33
7669 PAPE MACHINERY
SUPPLIES 3/10/2023 28156 37.06
8020 PORAC HEADQUARTERS
MEMBERSHIP DUES 3/10/2023 28157 81.00
8061 PRAIRIE SQUARES
PROFESSIONAL SERVICES 3/10/2023 28158 100.80
NAME CHECK CHECK CHECK
VENDOR I.D. DESCRIPTION DATE NUMBER AMOUNT
8182 QUADIENT LEASING, INC.
QTRLY LEASE 3/10/2023 28159 1,509.85
11817 FEUY RATHBUN
CLEANING DEPOSIT REFUND 3/10/2023 28160 350.00
11741 ZACHARY SCOTT
CERT. TEST FEE REIMBURSEMENT 3/10/2023 28161 50.00
9988 STATE OF CALIFORNIA
ASSIGN OF WAGES PE 3/3/23 3/10/2023 28162 30.00
10237 SWRCB/DWOCP
CERTIFICATE-VANERT 3/10/2023 28163 70.00
10237 SWRCB/DWOCP
CERTIFICATE-SCOTT 3/10/2023 28164 70.00
10237 SWRCB/DWOCP
CERTIFICATION FEE-ROBERTS 3/10/2023 28165 120.00
10732 UPS
SHIPPING FEES 3/10/2023 28166 103.87
11739 CRAIG VANERT
CERT. TEST FEE REIMBURSEMENT 3/10/2023 28167 50.00
10890 VICTORY POWDER COATING
PROFESSIONAL SERVICES 3/10/2023 28168 1,200.00
10918 VIRTUAL PROJECT MANAGER
PROFESSIONAL SERVICES 3/10/2023 28169 1,250.00
126,224.57
3/10/2023 ACH PERS 50,689.36
For Pay Period Ending 2/17/2023
~ Pf iii
~ature
AGENDA ITEM
!March 21, 2023, City Council Meeting/
To:
Through:
Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
From:
Date:
Collin Bogener, City Attorney and Christy White, City Clerk March 21, 2023
I SUBJECT
Consider Approval of Memorandum of Understanding between the City of Anderson and the Anderson Police Management Association.
I RECOMMENDATION
The City Attorney recommends that the City Council:
1. Receive a Staff Report
2. Consider adoption of a Resolution to approve the Memorandum of Understanding between the City of Anderson and the Anderson Police Management Association for a term beginning on April 1, 2023 and ending on January 1, 2026.
3. Authorize staff to amend the APOA MOU to remove Sergeants from that bargaining unit, effective April 1, 2023
I FISCAL IMPACT
There is no fiscal impact as the MOU provides the management employees with the same benefits as they currently receive.
ITEM 8.2a PAGE1 3/21/2023
I DISCUSSION and BACKGROUND
In 1975, the City of Anderson adopted certain policies and procedures pertaining to the administration of employer-employee relations through Resolution No. 75-25, as authorized pursuant to Government Code section 3507 (the "Policy"). The Policy governs the procedure by which employees may petition the City to create a bargaining unit. When the Policy was adopted, public safety did not have an employee organization to meet and confer with the City on wages and working conditions. Later, the Anderson Police Officer's Association ("APOA") was created pursuant to the Policy which the City has negotiated with since that time. However, while that organization included Sergeants, it did not include Lieutenants or Captains.
As set forth in the Policy, if an employee organization wants to seek formal recognition from the City for bargaining purposes, it must submit a petition to the Municipal Employee Relations Officer (City Clerk) containing certain information, including the organization's representative, the organization's bylaws, and the job classification of the employees that will be included. Once receiving the petition, the Municipal Employee Relations Officer must determine whether the proposed unit is an appropriate unit. The primary focus is on whether there is a "community of interest" among the employees. The Policy provides the following factors:
(1) Which unit will assure employees the fullest freedom in the exercise of rights set forth under this resolution.
(2) The history of employee relations: (a) in the unit; (b) among other employees of the City; and (c) in similar public employment.
(3) The effect of the unit on the efficient operations of the City and sound employeeemployer relations. ( 4) The extent to which employees have common skills, working conditions, job duties, supervision or similar educational requirements. (5) The effect on the existing classification structure of dividing a single classification among two or more units. Provided, however, no unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized.
To be clear, if the factors weigh in favor of recognition, it is mandatory that the Municipal Employee Relations Officer (City Clerk) formally recognize the organization.
On November 16, 2022, the City received a Formal Petition of Recognition of the Anderson Police Management Association ("Petition"). The Petition was submitted pursuant to the Policy and sought to create a new employee organization consisting of management level public safety, which would include Sergeants, Lieutenants, and Captains and referred to as the Anderson Police Management Association ("APMA").
On December 7, 2022, the City Clerk, acting as the Municipal Employee Relations Officer, provided the APMA with a response stating that the "community of interest" factors had been met. On that basis, the response indicated that the APMA would be formally recognized as an employee organization that the City would engage in the meet and confer process, which would start through creation of a Memorandum of Understanding ("MOU").
On January 26, 2023, the APMA submitted a proposed MOU to City staff to be approved by Council. The MOU contains almost identical terms to the current MOU between the City and the APOA. The only differences between the two documents are the (1) period ·of the term ITEM 8.2a PAGE2 3/21/2023
and (2) the job classifications. This term will start on April 1, 2023, but end on January 1, 2026, the same end date as the APOA term. The job classifications will include the Sergeants, Lieutenants, and Captains, as well as the Sergeant Canine Officer. The rates listed for the Sergeants and the Lieutenants are consistent with their current pay.
At present, there is no Captain position. If an individual is promoted to that position, staff will need to come back to the Council to determine the wage amount. Additionally, the APOA MOU will need to be amended to remove Sergeants from that agreement. Employees can only belong to one bargaining unit.
I ATTACHMENTS
1. MOU
2. Resolution 23-
3. Resolution 75•25
4. November 16, 2022 Petition from APMA
5. December 7, 2022 Response from City Clerk
ITEM 8.2a PAGE3 3/21/2023
MEMORANDUM OF UNDERSTANDING
Between
THE REPRESENTATIVES OF THE CITY OF ANDERSON
and
THE REPRESENTATIVES OF THE
ANDERSON POLICE MANAGEMENT ASSOCIATION
AFFILIATED WITH
PEACE OFFICERS RESEARCH ASSOCIATION OF CALIFORNIA
Effective: April 1, 2023
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TABLE OF CONTENTS
Preamble ........................................ . .
Recognition ........ . ............ . ..... . ............ .
Management Rights ............................. .. .
Association Rights ........ . ........................ .
Association Security ............ .. ..... . ......... . . .
Concerted Activities ... . ................... . ....... .
Grievance Procedure ................ . .............. .
Safety ........... . ................................ . .
Industrial Disability .... . ...... .. ... .. . . .... ... . ... . .
Employee Status ................................... .
Wages and Classifications .... . ................ . .... .
Hours and Overtime ...... , .. . .•. . , . , ... , .. , .. . ... . .
Promotion and Transfer ................... . ....... .
Demotion and Layoff ..... . ........................ .
Leave of Absence ....... . . ........... . .... . . ........ .
Expenses ......................................... .
Sick Leave . ........ ......... .. ◄ ••••••••••• • •••••••• ~ • • Catastrophic Leave ... .. ... ...•. .. . . .•. . . . .•. •. ..• ..
Holidays .... .. . . ..•. . .•.•... .•. .•. . .•.•. ....•... .• Uniforms ......................................... .
Employee Eva1uatlons ...... . ........ .. ...... .. ... . .
Employee Discipline .. . ..................... . ..... . .
Mjscellaneous ...... ......... .................... .. .
EmpJoyee Benefit Programs .... .. ... . ........... ... .
Savings Provision . ... .. .. . .. . .. ... . ...... . .. ... ... . . .
Effect of Memorandum of Understanding . . . .•..•. •. .
Entire Agreement ... . . . ... .. . ..................... .
Tenn ... .... .... . .. . .. ... ...... . ................ . . .
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Exhibit A: Schedule of Wage Rates ...................................................... 30 Exhibit B: Job Deflnitions ..................................................................... 31 ill
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 1st day of April, 2023, by and between the representatives of the CITY OF ANDERSON (a public agency as defined in Section 3501( c) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California), hereinafter referred to as the City, and the representatives of the Anderson Police Management Association affiliated with PORAC (a recognized employee organization as defined in Section 3501(b) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California), hereinafter referred to as Association, WITNESSETH that:
WHEREAS, the parties hereto desire to facilitate the peaceful adjustment of differences that may from time to time arise between them, to promote harmony and efficiency to the end that the City, the Association, and the general public may benefit therefrom, and to establish fair and equitable wages, hours and working conditions for certain hereinafter designated employees of the City,
NOW, THEREFORE, the parties hereto do agree as follows:
ARTICLE 1
Preamble
1.1 This Memorandum of Understanding supersedes and replaces all previous Memoranda of Understanding and Letter Agreements between the parties as well as all previous Minute Orders, Resolutions and Ordinances of the City Council which are in conflict with this Memorandum of Understanding.
1.2 The parties acknowledge the provisions of Chapter 10 (Sections 3500, et seq.) of Division 4 of Title 1 of the Government Code of the State of California.
1.3 The parties acknowledge the provisions of Chapter 9. 7 (Sections 3300, et seq.) of Division 4 of Title 1 of the Government Code of the State of California and known as the Public Safety Officers Procedural Bill of Rights Act.
1.4 It is the policy of the City and the Association not to, and neither party will illegally interfere with, intimidate, restrain, coerce or discriminate against any employee because of race, creed, sex, age, color, or national origin or Association membership or nonmembership or the exercise of rights contained in Sections 3500, et. seq., of the Government Code of the State of California.
1 1.5 The City is engaged in rendering services to the public, and the City and the Association recognize their mutual obligation for the continuous rendition and availability of such services.
1.6 The City and the Association shall cooperate in promoting harmony and efficiency among City employees.
1.7 The parties have met and conferred in good faith and have reached an agreement on procedures set forth in this Memorandum of Understanding for the resolution of disputes between the parties. The parties agree that they will follow the procedures as set forth in this Memorandum of Understanding or the bargaining process required by the Meyers-Milias-Brown Act and will make every effort to persuade their members to also use the established procedures rather than to use any other method or forum such as appeals directly to the news media or the City Council for resolution of problems or disputes arising out of this Memorandum of Understanding or the bargaining process.
ARTICLE2
Recognition
2.1 The City recognizes the Association as the Exclusive Representative of all employees of the Police Department who hold a classification listed on Exhibit "A" of this Memorandum of Understanding.
2.2 The provisions of this Memorandum of Understanding hereinafter set forth shall apply only to those employees of the City for whom the Association is the established Exclusive Representative.
ARTICLE3
Management Rights
3.1 It is understood and agreed that the City retains all of its powers and authority to direct, manage, and control to the full extent of the law. Further, it is agreed by the parties that City Rights include, by way of illustration and not by way of limitation, the following: ( a) the full and exclusive control of the management of the City; (b) the supervision of all operations, methods, processes and means of performing any and all work; (c) the control of the property and the composition, assignment, direction and determination of the size and the work hours of its working forces; (d) the right to determine the work to be done by employees; (e) the right to establish qualifications for employment; (f) the right to establish work and productivity standards; (g) the right to assign overtime; (h) the right to make and enforce reasonable rules and regulations which are not in conflict with the provisions of this Memorandum of Understanding; (i) the right
2 to change or introduce new or improved operations, methods, means or facilities; OJ the right to establish budget procedures and financial allocations; (k) the right to hire, classify, schedule, promote, demote, transfer, evaluate, release, lay off and increase or reduce work hours of employees; (]) the right to suspend, discipline and discharge employees; (m) the right to contract out work to be done or services to be rendered; (n) the right to transfer work into or out of the bargaining unit; ( o) the right to otherwise maintain an orderly, effective and efficient operation. Additionally, the parties agree that the City has the authority to send officers for fitness-for-duty testing on an as-needed basis for operational reasons.
3.2 The City's exercise of its powers, rights, authority, duties, and responsibilities, the adoption of policies, rules and regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Memorandum of Understanding, and then only to the extent such specific and express terms are in conformance with law.
ARTICLE4
Association Rights
4.1 Official representatives of the Association will be permitted access to City property to confer with City employees on matters of employer-employee relations, but such representatives shall not interfere with work in progress without the agreement of Management.
4.2 The City will provide the Association adequate bulletin board space in a location accessible to all employees for the purpose of posting thereon matters relating to official Association business.
4.3 Any employee, at the employee's request, shall be permitted representation by an Association representative. The foregoing shall apply to reprimands and disciplinary actions, providing there is no unreasonable delay in obtaining representation.
4.4 Joint Association-management meetings shall be held as often as agreed upon by the Association and Management. The purpose of these meetings shall be to promote harmony and efficiency and to improve communications between employees and all levels of executives. The meeting agenda shall be determined by those in attendance, and there shall be no restrictions on the subject matter, provided the meetings shall not substitute for normal grievance procedures or for formal negotiations between the parties. The meetings may be summarized in written minutes. Except that the provisions of this Section shall be observed, the meetings shall be self-organizing.
4.5 The Association may use City facilities for Association activities on the same basis that any other citizen group may do so, providing that appropriate advance 3 arrangements are made and provided further that the Association may be required to pay appropriate fees for the use of such City facilities.
4.6 Upon request by the Association, the City will provide a copy of the City Council meeting agenda.
ARTICLE 5
Association Security
5.1 The City shall deduct from their wages the regular membership dues of employees who are members of the Association and who individually and voluntarily authorize such deductions in writing in accordance with the provisions of Section 1157.3 of the Government Code of the State of California.
5.2 Deductions shall be made each pay period, and a check for the total monthly deductions shall be submitted to the Anderson Police Management Association within five (5) working days after the end of each month.
5.3 The form of check-off authorization shall be approved by both the City and the Association.
5.4 Association Time Bank
5.4(a) Association members may voluntarily donate leave credits, holiday leave credits, compensatory time off (CTO), or vacation leave credits to an Association Time Bank by designating the type and amount of leave credit on a card provided by the City for that purpose by the Association. All such donation cards shall be signed by the member.
Donations shall be in whole-hour increments, and a member may not request withdrawal of any hours so donated.
5.4(b) Association members designated by the Association shall be eligible to use the Time Bank to perform Association business. Such use is Association subject to reasonable advance request by the Association and approval by the Department Head. Requests shall be reviewed in the same manner that requests to use compensatory time are reviewed, including instances when the department is required to use another employee to fill in on an overtime basis. Should a request be granted which requires using a fill-in employee on an overtime basis to replace the employee released from duty on Time Bank leave, then the additional on-half (1/2) time shall also be deducted from the Time Bank.
5.4(c) Approved time off will be in whole-hour increments. Members may not use Time Bank hours in excess of the accrual balance in the Time Bank.
5.4( d) The City agrees to implement such administrative procedures as are necessary in order to implement the transfer ofleave credits and track the bank balance. 4 5.4(e). The parties agree this Time Bank program is separate from, and not governed by, the time off provisions as provided in section 3505.3 of the Government Code.
5.4(f) The parties agree that this Time Bank program is in lieu of any program authorized by any time bank or similar law enacted by the State of California. The parties each expressly waive the provisions of any such law for the duration of the term of the Agreement.
ARTICLE 6
Concerted Activities
6.1 It is agreed and understood that there will be no strike, work stoppage, slowdown, picketing, refusal or failure to fully and faithfully perform job functions and responsibilities, or other interference with the operations of the City by the Association or by its officers, agents, or members during the term of this Memorandum of Understanding, including compliance with the request of other labor organizations to engage in such activity.
Further, it is agreed and understood that the City shall not impose any lockout.
6.2 The Association recognizes the duty and obligation of its representatives to comply with the provisions of this Memorandum of Understanding and to make every effort toward inducing all employees to do so. In the event of a strike, work stoppage, slowdown, or other interference with the operations of the City by employees who are represented by the Association, the Association agrees in good faith to take all necessary steps to cause those employees to cease such action.
6.3 It is agreed and understood that any employee violating this Article may be subject to discipline up to and including termination by the City.
ARTICLE7
Grievance Procedure
7.1 Any grievance, which may arise between an employee and the City with respect to the interpretation or application of any of the terms of this Memorandum of Understanding and with respect to such matters as the alleged discriminatory or arbitrary discharge, demotion, or discipline of an individual regular employee, shall be determined by the provisions of this Article. Probationary employees shall not be entitled to process grievances with respect to matters of discharge, demotion, or discipline. This shall not prevent a probationary employee from enforcing any other rights under this Memorandum 5 of Understanding. Grievant, as used herein, is defined as an employee or group of employees of the City or the Association.
7.2 Step One: The initial step in the adjustment of a grievance shall be a discussion between the grievant or the grievant's representative and the Chief of Police or designee, who will answer within ten (10) days. This step shall be started within thirty (30) days of the date of the action complained of or the date the grievant became aware of the incident, which is the basis for the grievance. This step may be taken during the working hours of the grievant.
7.3 Step Two: If a grievance is not resolved in the first step, the second step shall be the presentation of the grievance in writing by either the grievant or the grievant's representative to the Assistant City Manager, who shall answer, in writing, within twenty (20) calendar days. The second step shall be taken within ten (10) calendar days of the date of the answer in Step One. The written presentation shall be a clear, concise statement of the grievance, the circumstances involved, the pertinent dates, the decision rendered at the previous step, the section of this Memorandum of Understanding alleged to be violated, and the specific remedy sought.
7.4 Step Three: If a grievance is not resolved in the second step, the third step shall be the presentation of the grievance, in writing, by either the grievant or the grievant's representative to the City Manager, who shall answer, in writing, within twenty (20) calendar days. The third step shall be taken within ten (10) calendar days of the date of the answer in Step Two. The written presentation shall be a clear, concise statement of the grievance, the circumstances involved, the pertinent dates, the decision rendered at the previous step, the section of this Memorandum of Understanding alleged to be violated, and the specific remedy sought.
7.5 Step Four: If a grievance is not resolved in the third step, the fourth step shall be referral by the Association to mediation (if mediation is mutually agreed to by the City and the Association) within twenty (20) calendar days of the answer in Step Three.
Whenever a grievance is referred to mediation, either party may request that the California State Mediation and Conciliation Service refer a state mediator. The state mediator shall assist the parties in the resolution of the grievance in the same manner as that which is normally used in the mediation of interest disputes. Referral to Step Five shall not occur until a mediator has released the parties from the mediation process. If mediation is not mutually agreed to by the City and the Association, the Association may refer the grievance to Step Five within 20 days of the denial of mediation by the City or the Association.
7.6(a) Step Five: If a grievance is not resolved in the fourth step, the fifth step shall be referral by the Association to arbitration. The fifth step shall be taken within twenty (20) days of the date of the answer in Step Four.
7.6(b) An arbitrator shall be appointed on each occasion that a grievance is submitted to arbitration. In the event that the City and Association are unable to agree on the selection of an arbitrator, they shall request the State of California Mediation and 6 Conciliation Service to nominate five (5) persons to be the arbitrator. The City and Association each will alternately challenge two (2) of such nominees, the party having the first challenge to be determined by lot. The remaining nominee shall be accepted as the arbitrator, and his compensation and expenses shall be borne equally by the City and Association. The City and the Association shall pay the compensation and expenses of their respective appointees and witnesses. At Association's request, the City shall release from duty to participate in arbitration proceedings employees necessary to the adjudication process. Expense items such as court reporters, transcripts, or room rent shall be borne equally by the parties.
7.6(c) The arbitrator shall hold such hearings and shall consider such evidence as to the arbitrator appears necessary and proper. The decision of the arbitrator shall be final and binding on the City, Association, and the aggrieved employee, provided, however, that such decision shall not in any way add to, disregard or modify any of the provisions of this Memorandum of Understanding.
7.6( d) Grievances referred to arbitration that are appeals of disciplinary suspensions of five days or less or disciplinary action with an equivalent dollar value, shall be subject to expedited arbitration, with no court reporters, and an immediate bench decision made by the arbitrator.
7.7 Failure by the grievant or the Association to meet any of the aforementioned time limits will result in forfeiture of the grievance. Except, however, that the aforementioned time limits may be extended by mutual agreement. Failure by the City or its representative to meet any of the aforementioned time limits will allow the grievant or the Association, as applicable, to proceed to the next step of the grievance procedure.
7.8 Any employee may present grievances in accordance with this Article without the intervention of the Association, so long as the adjustment is reached prior to arbitration and is not inconsistent with the terms and conditions of this Memorandum of Understanding and further provided that the City shall not agree to a resolution of the grievance until the Association has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response.
7.9 A grievant shall in no way interfere with the right of the City to proceed in carrying out its management responsibilities subject to a final decision on the grievance. In the event, the grievance involves an order, requirement, or other directive, the grievant shall fulfill or carry out such order, requirements or directives, pending the final decision of the grievance.
7.10 All documents resulting from the processing of a grievance shall be kept in a separate grievance file and shall not be placed in an employee's personnel file.
ARTICLES
7 Safety
8.1 The City desires to maintain a safe place of employment for City employees and to that end, City management shall make all reasonable provisions necessary for the safety of employees in the performance of their work.
8.2 Regular safety meetings will be held for the purpose of reviewing accidents and preventing their recurrence, eliminating hazardous conditions and familiarizing employees with safe work procedures and applicable State Safety Orders, and training in first aid.
8.3 There shall be a member of the unit on the City's safety committee whose responsibility it is to review accidents and safety conditions and to make recommendations to City management. The representative shall be appointed by the Chief of Police from dayshift personnel.
8.4 Employees shall report unsafe equipment or working conditions to their immediate supervisor, who shall determine the appropriate corrective action.
ARTICLE9
Industrial Disability
9.1 The City, the Association, and individual employees agree that they will comply with all aspects of Workers' Compensation and Industrial Disability laws and will support the rights of both the injured employee and the City in complying with these laws.
9.2 An employee who is absent by reason of industrial disability may be returned to work by the City and given temporary light duties within the employee's ability to perform, with the consent of the employee's physician. The duration of any such period of temporary work shall be determined by the City. Such employees shall be compensated at their regular rate of pay while engaged in such temporary duties. The City may require an employee requesting to return to work after an absence caused by industrial disability to submit to a medical examination, at no expense to the employee, by a physician or physicians approved by the City for the purpose of determining that such employee is physically and mentally fit and able to perform the duties of the employee's position without hazard to the employee, or to fellow employees, or to the employee's own permanent health.
9.3 Vacation and sick leave shall be accrued, and group insurance coverage shall be maintained while a regular employee is absent from work as a result of a job-related disability and receiving Workers' Compensation temporary disability compensation as set forth in Section 4850 of the Labor Code of the State of California for the period of such disability, but not exceeding one (1) year. Employees who are not entitled to the benefits as set forth in Section 4850 of the Labor Code of the State of California, but who are receiving 8 Workers' Compensation temporary disability benefits may, at their option, maintain their group insurance coverage during the period in which they are receiving temporary disability compensation for up to a maximum of a cumulative total of six (6) months, providing the employee pays the monthly premium to the City on or before the first day of the month for which the premium is intended.
ARTICLE10
Employee Status
10.1 Employees will be designated as regular, probationary, full-time temporary, or part-time, depending upon the purpose for which they are hired and their length of continuous service with the City.
10.2 A regular employee is defined as an employee who has one (1) year or more seniority with the City in full-time employment.
10.3 A probationary employee is defined as an employee hired for a full-time position that has been regularly established as an authorized position and is of indeterminate duration. A probationary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage, and items of a similar nature, as the employee becomes eligible. Upon completion of one (1) year of continuous full-time service with City, a probationary employee shall be given the status of a regular employee, except that the Chief of Police may extend an employee's probationary period for up to an additional (6) months.
This applies to employees hired after February 28, 2017. Notwithstanding any other provision of this Article, an employee's probationary period shall be extended by the duration of any unpaid absence often (10) or more consecutive workdays.
10.4 A full-time temporary employee is defined as an employee hired for occasional or seasonal work for a period ofless than one thousand (1,000) hours. A full- time temporary employee shall receive not less than the minimum rate for the job, but shall not be eligible for sick leave pay, holiday pay, vacation pay, insurance coverage, retirement plan participation, or items of a similar nature, nor shall he accrue seniority or promotion and transfer rights, or leave of absence rights. If a full-time temporary employee is reclassified to probationary status, the employee shall be credited with all continuous service in determining eligibility for such benefits as may accrue to the employee in the new status.
Upon completion of one thousand (1,000) hours of continuous service with the City, a fulltime temporary employee shall be given the status of a probationary employee.
10.S A part-time employee is defined as an employee hired for employment of less than full-time (8 hours per day, 5 days per week) or whose work period is not regularly scheduled and who normally works less than full-time. A part-time employee shall receive not less than the minimum rate for the job, but shall not be eligible for sick leave pay, holiday pay, vacation pay, or items of a similar nature, nor shall the employee normally be 9 eligible for insurance coverage or retirement plan participation; nor shall the employee accrue seniority or promotion and transfer rights, or leave of absence rights. If a part-time employee is reclassified to full-time temporary or probationary status, the employee shall not be credited with service as a part-time employee in determining eligibility for benefits, if any, as may accrue to the employee in the new status.
10.6 All promotional appointments will be probationary for twelve ((12) months.
Whenever an employee's promotional appointment is terminated during the probationary period, the employee shall either be returned to the previous classification in which the probationary period was completed or to another classification, which is mutually acceptable.
ARTICLE 11
Wages and Classifications
11.1 Salary - the City proposes across-the-board salary increases:
A. 2% effective January 1. 2024
8. 2% effective January 1, 2025
11.2 Employees shall be paid the wage established for their classification. Upon initial appointment to a classification, an employee shall normally be paid the lowest wage rate for that classification. An employee shall, however, be paid a wage rate above the lowest wage rate at the direction of the Chief of Police. The effective date of promotion to a new classification or higher wage step shall be the first day the promotion is official. Employees will move through the allotted step increases for every year served within that classification.
The new wage rate for moving to a new step will start immediately upon the one-year anniversary within that classification.
11.3 Retention Pay -Sergeants that maintain employment with the Anderson Police Department for a consecutive three (3) years shall receive 2.5% pay rate increase, for a consecutive five (5) years, shall receive an additional 2.5% pay rate increase, for a consecutive seven (7) years shall receive an additional 2.5% pay rate increase. All increases become effective on the employee's hire date. Pursuant to California Public Employees Retirement Law, Longevity pay received for a consecutive three (3) years is NOT reportable to CalPERS.
11.3 ( a) Effective on the first day of the pay period, the base salary of all employees covered by this memorandum of understanding who has continually worked for the City of Anderson for fifteen (15) years shall have their pay rate increased by five (5) percent.
11.4 Wages shall be paid at bi-weekly intervals on Thursday for a pay period ending no earlier than the preceding Friday. If a payday falls on a holiday, payment shall be made on the preceding workday.
to
11.5 When an employee is temporarily assigned to work in one classification higher than the employee's regular classification, the employee shall be paid 5% or the lowest closest step above current pay for acting classification, not to be less than current pay.
Employees temporarily assigned to two classifications higher than the employee's normal regular classification shall be paid 10% or lowest closest step above current pay for acting classification, not to be less than current pay. When an employee is temporarily assigned to work in a higher classification that has a wage range overlapping the wage range of the employee's regular classification, the employee shall be paid at the wage rate of the classification to which the employee is temporarily assigned, which is next higher to the employee's present wage rate, but not more than the top wage rate of the temporary classification. The pay adjustment shall occur the first day the employee begins working in the newly assigned temporary classification.
11.6 When an employee is temporarily assigned to work in a classification lower than the employee's regular classification, the employee's pay rate will not be reduced.
11.7 Whenever any employee is assigned to Investigative Services or to the Shasta Interagency Narcotics Task Force, the employee will be paid special duty premium pay as set forth in "Exhibit A". Assignments to Investigative Services and the Shasta Interagency Narcotics Task Force shall be at the discretion of the Chief of Police.
11.8 Sergeants who are required to be on call during non-duty hours in a manner that is not compensable time under the Fair Labor Standards Act, shall receive two hours' pay at the employee's overtime rate of pay for each period of on-call duty up to twelve (12) hours. If an employee is required to report for duty during the on-call period, the provisions of 12.5 requiring three (3) hours minimum period of compensation shall not apply.
Employees who are on call are off duty and free to pursue whatever private interests they may choose, except that while on call, they are required to refrain from activities that might impair their ability to safely and efficiently perform their duties if called, and that employees on call must be available at all times to be contacted by telephone or cell phone, and to remain within a reasonable distance of the City of Anderson in order to respond to an emergency as soon as possible.
11.9 An employee who is required by his/her supervisor or designee to conduct business telephone calls with agencies or entities other than the City of Anderson, and outside his/her work hours, shall be compensated at the employee's actual overtime rate of pay for the time actually engaged in business calls. However, if the business call is less than 30 minutes in duration, the employee shall be paid for 30 minutes of work at the employee's overtime rate of pay. In no event shall an employee receive the benefit of the 30-minute minimum pay more than once per day. This section does not apply when the business call results in a physical call back to work, short notice cancellation, or offers of overtime. Pay for business calls will not be considered compensation for use in computing retirement allowance.
11 11.10 Whenever any employee is POST certified and is assigned to perform the duties of Field Training Officer, Range Instructor, Baton Instructor, Weaponless Defense Instructor, POP Officer, SWAT Officer, Acting Watch Commander, or Taser Instructor, such employee's wages shall be increased by five percent (5%) while actually engaged in such duties.
11.11 Attached hereto and made a part hereof is Exhibit "A" titled "Schedule of Wage Rates".
11.12 Attached hereto and made a part hereof is Exhibit "B" titled "Job Definitions".
ARTICLE 12
Hours and Overtime
12.1 Each employee shall report for work at a regularly established headquarters and shall return thereto at the conclusion of the day's work, except as otherwise directed by the employee's immediate supervisor. Time spent in traveling between an employee's headquarters and the work site shall be considered as time worked.
12.2(a) For those employees assigned to non-shift duty, the work week is defined to consist of seven (7) consecutive calendar days, Saturday through Friday, and a basic work week is defined to consist of five (5) consecutive workdays of eight (8) hours each, or four ( 4) consecutive workdays of ten (10) hours each. Non-shift employees shall observe Council approved holidays.
12.2(b) For those employees who are assigned to a twelve-hour shift work schedule, the regular biweekly shift schedule shall consist of one eight (8) hour shift and six twelve (12) hour shifts with a meal break. Twelve-hour shift work hours are: Day Shift - 0600 hours to 1800 hours and Grave Shift - 1800 hours to 0600 hours. With the exception of shift rotations, the biweekly work schedule for shift employees shall normally consist of four consecutive workdays and three consecutive non-work days followed by three consecutive workdays and four consecutive non-work days. Shift employees' workweek may begin on any day of the week or any shift of the day. The foregoing work hours, workdays, and work schedules may, however, be modified from time to time by the Chief of Police as he determines necessary by the needs of the service. Prior to each four ( 4) month period beginning with the first day of a pay period closest to January 1, May 1, and September 1 each year, the City shall post the shift schedule for each position. Employees shall then indicate their preference for a work schedule. Insofar as is practicable and consistent with the needs of the service, the City shall assign work days and work hours, giving first consideration to employees' preferences in the order of employee's seniority in rank.
Seniority in rank shall mean the senior Sergeant shall have a preference among Sergeants and so forth for additional ranks of Lieutenant and Captain. Except as otherwise approved by the Chief of Police, employees will be prohibited from remaining on the same 12 shift for more than two (2) consecutive four (4) month periods. Employees shall not work more than sixteen (16) consecutive hours in a twenty-four-hour period unless directed by the Chief of Police.
Whenever it becomes necessary to reschedule any employee's workdays and/or work hours, the Chief of Police will give as much notice as possible. The City will not reschedule individual employees solely for the purpose of avoiding overtime work.
12.2(c) During the term of this Memorandum of Understanding, the City and Association may meet and confer to propose and consider adopting possible modifications to work schedules.
12.3(a) For those sergeants assigned to an eight (8) hour workday or a ten (10) hour workday, Overtime is defined as: (a) time worked in excess of eight (8), or ten (10) hours in a workday, (the ten hour workday shall apply only to the workforce assigned to a four day, ten hour work); (b) time worked on a non-workday; and (c) time worked on a holiday.
Overtime work shall be computed to the nearest one-quarter (1/4) hour. Time worked as defined herein as a result of a periodic shift change shall not be regarded as overtime for compensation purposes.
12.3(b) For those sergeants who are assigned to a twelve-hour shift work schedule, overtime shall not be accrued until an employee works more than twelve hours on a scheduled twelve-hour work shift or more than eighty hours in a fourteen day work period.
An employee who works more than eight hours on the one scheduled eight-hour work shift shall accrue overtime after eight hours worked. It is the intent of the parties not to permit the twelve-hour shift schedule to cause regularly scheduled overtime to occur due to Federal Fair Labor Standards Act provisions. As such, the "work period" for the twelve- hour shift work schedule under the Act shall be a fourteen-day work period beginning and ending on Saturdays at 0600 hours.
12.4 Compensation for overtime work shall be paid at a rate equivalent to one and one-half (1-1/2) times the employee's regular rate of pay or at the employee's option, providing it is legally permissible, the employee may elect to receive time off with pay at the rate of one and one-half (1-1/2) hours off for each overtime hour worked. The maximum accumulation of compensatory time off shall be one hundred twenty (120) hours.
Compensatory time off with pay shall be scheduled in the same manner as vacations are normally scheduled. During the months of April, July, October, and December each year, employees may elect to receive compensation for the employee's accumulated compensatory time off hours, up to eighty (80) hours per fiscal year. Employees whose employment with the City is terminated for any reason shall, at the time of termination, receive compensation for any unused compensatory time off previously earned.
Compensation requested under this section shall be paid on the second pay period of the month.
12.5 Sergeants who are required to report for work on their non-workdays or on holidays they are entitled to have off, or outside of their regular hours on workdays, shall 13 be paid overtime compensation for the actual time worked, but in any event for not less than three (3) hour's compensation. If an employee who is called out for such work outside of the employee's regular hours on a workday continues to work into their regular work hours, the employee shall be paid overtime compensation only for the actual overtime worked. If an employee performs overtime work immediately following the end of the employee's regular shift, the employee shall be paid overtime compensation only for the actual overtime worked. Planned and scheduled overtime events do not qualify for call back pay with the exception of court Court Cancellation: An employee shall receive a minimum of 3 hours of straight-time pay compensation if court appearance is canceled within 24 hours of scheduled appearance. This section only applies to employees whom are not working during the courtrequested appearance. Employees shall not schedule vacation or watch exchanges in order to receive compensation under this article.
Exempt employees (Captain/Lieutenant) shall not receive any compensation for overtime work, except for employees who are eligible to receive one and one-half (1 ½) times their regular pay when assigned to perform service on a non-work day or beyond normal work hours. The foregoing provision shall only apply when such service is eligible for reimbursement through the State of California, the Federal government or any other grant, regardless of the actual amount reimbursed to the City, if any. This provision shall also apply to hours worked on programs that are pre-approved for funding through a State or Federal grant or any other grant. In either case, the Chief of Police must approve the overtime prior to the exempt employee being eligible for the overtime.
12.6 Overtime work shall be distributed as equitably as is practicable among those employees who are qualified and available and who volunteer for overtime work and the City shall not require employees who have worked overtime to take equivalent time off during regular work hours without pay.
12.7 Whenever the Chief of Police designates an employee as the shift relief employee, such employee shall be paid five percent (5%) more than the employee's basic wage rate as compensation for being required to move from shift to shift with short notice for relief purposes. Whenever such employee is not relieving another employee, said employee shall be assigned to a shift as established by the Chief of Police. No employee will be required to function as the shift relief employee for more than eight (8) consecutive months without the employee's agreement.
12.8 Employees may trade work shifts with each other provided the employees involved give advance notice of their intent to the City and receive prior approval of the Chief of Police, or the Chiefs designee, and there is no overtime payment required by the City.
Denials of shift trades by the Chief shall be final and not subject to the grievance procedure set forth in Article 7.
12.9 As set forth in "Exhibit A", note 1, Canine Officers shall be required to spend one-half (1/2) hour per day, in addition to regular hours, in the routine care and maintenance of their police dog. Whenever it becomes necessary for the Canine Officer to perform 14 extraordinary care and maintenance service with their dog, with prior City approval, the Canine Officer shall receive compensation in addition to the regularly scheduled one-half (1/2) hour per day. Additionally, whenever an employee is assigned as Canine Officer, the employee shall be paid special duty premium pay as set forth in "Exhibit A", note 2.
ARTICLE 13
Promotion and Transfer
All promotions and transfers shall be in accordance with standards and procedures as determined by the City.
Specialty positions and promotional testing procedures will be a fair, unbiased, and comprehensive process to evaluate candidates' overall attributes from the classification and duties involved. Promotions are not based on entitlement (time in grade, educational achievements, etc.), but rather selected for character traits, merit, and performance. The Chief of Police retains the right to select the candidate most appropriate for the promotion from within the top three ranked tested positions (for a candidate pool of 7 or less) or select from the top 5 positions (for a candidate pool of more than 7).
ARTICLE 14
Demotion and Layoff
14.1 When it becomes necessary for the City to layoff regular employees, the City will give employees involved as much notice as possible; but in no event will such employees receive less than two (2) weeks' notice of layoff. Where probationary, temporary, or parttime employees are to be laid off, no notice oflayoff need be given. Within each classification, all employees, other than regular employees, shall be laid off prior to regular employees being laid off. Regular employees shall be laid off in the reverse order of seniority in the classification with the least senior employee being laid off first. Whenever two or more regular employees in a classification have the same period of classification seniority, ties will be broken by giving greater preference to the employees in the order of seniority in all classifications in the bargaining unit.
14.2 An employee whose position has been abolished may elect to displace an employee in a lower-paid classification in the bargaining unit, provided the employee has greater combined seniority in all classifications in the bargaining unit than the employee to be displaced. Employees who elect to demote to a lower-paid classification shall be probationary for six (6) months unless the employee has previously served at least six (6) 15 months in the new classification. Whenever an employee demotes to a lower-paying classification, the employee shall be placed on the salary step, which has a wage rate closest to the employee's previous wage rate.
14.3 Laid-off employees' names shall be kept on a re-employment list for a period of one (1) year from the date of layoff and shall have preferential re-hire rights to the classification from which laid off in the reverse order of layoff. Whenever it becomes necessary for the City to notify a laid off employee of a re-employment opportunity, the City shall do so by use of registered mail to the employee's last known address. If an employee does not accept such an offer of re-employment, the employee's name shall be removed from the re-employment list, and the employee shall no longer have re-employment rights.
14.4 Employees who have elected to demote into a lower paying classification shall have preferential promotion rights to the classification from which they demoted in the reverse order of demotion for a period of one year from the date of the employee's demotion.
If an employee does not accept an offer of promotion to the classification from which the employee was demoted, the employee will lose all preferential rights to re- promotion.
ARTICLE 15
Leave of Absence
15.1 Leave of absence without pay may be granted to regular employees by the City Manager for urgent and substantial reasons, up to a maximum of one (1) year, providing satisfactory arrangements can be made to perform the employee's duties without undue interference with the normal routine of work. Inability to return to work after an employee's sick leave has been exhausted shall be considered as an urgent and substantial reason and in such cases, a leave will be granted.
15.2 A leave of absence will commence on and include the first workday on which the employee is absent, terminates with, and includes the workday preceding the day the employee returns to work.
15.3 All applications for leave of absence shall be made in writing except when the employee is unable to do so. The conditions under which an employee will be restored to employment on the termination of leave of absence shall be clearly stated by the City in conjunction with the granting of a leave of absence. Upon an employee's return to work after a leave of absence, the employee will be reinstated to the employee's former position and working conditions, providing that the employee is capable of performing the duties of the employee's former position, except that if there has been a reduction of forces or the position has been eliminated during said leave, the employee will be returned to the position the employee would be in, had the employee not been on a leave of absence. 16 15.4 An employee's status as a regular employee will not be impaired by such leave of absence and the employee's seniority will accrue.
15.5 If an employee fails to return immediately on the expiration of the employee's leave of absence or if the employee accepts other full-time employment while on leave, the employee will thereby forfeit the leave of absence and terminate employment with the City.
15.6 An employee on a leave of absence as provided herein shall not accrue vacation or sick leave benefits nor maintain group insurance coverage. An employee may, however, at the employee's option and expense, maintain the employee's group insurance coverage providing the full monthly premium is received by the City on or before the first day of the month for which the premium is intended.
ARTICLE16
Expenses
16.1 Whenever an employee uses the employee's personal automobile for the City's convenience, the employee will be reimbursed therefor at the rate per mile as established by City resolution No. 15-09 which states the rates used shall be those established by the U. S.
Department of General Services (GSA) for expenses necessary for the purpose of City business during travel status, except however that the mileage rate shall not be reduced below the level established at the time of execution of this Memorandum of Understanding.
Use of an employee's personal vehicle must be approved by the Chief of Police prior to travel and must follow all aspects of the City's Business Travel policy which includes but is not limited to insurance requirements.
16.2 Employees who are assigned to temporary work at such distance from their regular headquarters that it is impractical for them to return thereto each day, or to their regular place of abode, will be allowed expenses for board and lodging in amounts as established by the City from time to time for the duration of such assignment, provided they board and lodge at places to be designated by the City. Refer to the City's Business Travel Policy for procedures and limits on travel. Future modifications of the City's policies relative to the foregoing shall not result in a reduction in the reimbursement rates as established as of the date of execution of this Memorandum of Understanding.
ARTICLE17
Sick Leave
17.1 Sick leave with pay shall be accumulated for each regular and probationary employee at the rate of eight (8) hours per calendar month. 17 17.2 Sick leave shall be allowed for a non-work related absence due to the inability of an employee to be present or perform the employee's duties because of personal illness, off-duty injury, confinement for medical treatment, or serious illness or disability of a member of the employee's immediate family up to a maximum of three working days.
Immediate family as used herein shall be as defined in Section 18.1.
17.3 For those employees who are assigned to the twelve-hour shift schedule, an employee who takes a sick leave day while working on a scheduled twelve-hour shift shall be charged for twelve hours of sick leave. An employee who takes a sick leave day on the one eight-hour /ten-hour scheduled shift shall be charged for eight/ten hours of sick leave.
17.4 Where management believes there is an abuse of sick leave, management may require satisfactory evidence of sickness or disability before payment for sick leave will be made. The City may also require an employee requesting to return to work after sick leave or leave of absence for medical reasons to submit to a medical examination by a physician or physicians approved by City for the purpose of determining that such employee is physically fit and able to perform the duties of the employee's former position without hazard to himself, or to fellow employees, or to the employee's own permanent health.
17.5 If a holiday which an employee is entitled to have off with pay occurs on a workday during the time an employee is absent on sick leave, the employee shall receive pay for the holiday as such, and it shall not be counted as a day of sick leave.
ARTICLE 18
Funeral Leave
18.1 Regular and probationary employees who are absent from work due to the death of a member of the employee's "immediate family" may receive compensation from accumulated sick leave benefits, if any, at the regular rate of pay for the time necessary to be absent from work, but not to exceed twenty-four (24) working hours. "Immediate family" as used herein includes only employee's spouse, children, brothers, sisters, parents, stepchildren, stepparents, grandparents, parents-in-law, and grandparents-in-law.
18.2 The City Manager in his sole discretion may grant additional sick leave where special circumstances warrant.
ARTICLE 19
Catastrophic Leave
19.1 Catastrophic Leave is intended to provide an eligible employee authorized paid time-off through voluntary donation of management leave, comp time earned and/or vacation hours. Donated leave must be specifically designated for the employee who has 18 been approved for Catastrophic Leave Benefits. Catastrophic Leave shall not exceed a maximum of six months and must be used within one (1) year of the date the application for Catastrophic Leave is approved. Only one request for Catastrophic Leave will be approved in a twelve (12) month period. The recipient will not accrue CTO, holiday, and seniority upon receiving Catastrophic Leave. The recipient will receive their normal rate of pay, be taxed normal payroll deductions, and the recipient must prepay the employee portion of the cost of the health premium. Catastrophic Leave applications may be obtained from the Personnel Department. The employee requesting Catastrophic Leave benefits must meet the conditions set forth in the adopted Catastrophic leave policy effective March 21, 2006.
ARTICLE20
Holidays
20.l(a) Regular and probationary employees except as otherwise provided herein, shall be entitled to have the following holidays off with eight hours pay:
1. January 1, known as "New Year's Day"
2. Third Monday in January, known as "Dr. Martin Luther King, Jr.'s Birthday"
3. February 12, known as "Lincoln's Birthday"
4. Third Monday in February, known as "Washington's Birthday"
5. Last Monday in May, known as "Memorial Day"
6. July 4, known as "Independence Day"
7. First Monday in September, known as "Labor Day"
8. The second Monday in October, known as "Columbus Day" (Floater)
9. November 11, known as "Veterans Day"
10. Thanksgiving Day
11. The day following Thanksgiving Day
12. The workday before Christmas Day
13. December 25, known as "Christmas Day"
14. Employee's Birthday (Floater for Exempt Employees)
19 If any of the foregoing holidays fall on a Sunday, the Monday following shall be observed as the holiday, except by those employees who are regularly scheduled to work on Sunday, other than on an overtime basis. Employees who are regularly scheduled to work on Sundays shall observe such holidays on Sunday. If any of the foregoing holidays fall on a Saturday, the preceding Friday shall be observed as a holiday except by those employees who are regularly scheduled to work on Saturday, other than on an overtime basis.
Employees who are regularly scheduled to work on Saturdays shall observe such holidays on Saturday. If any of the foregoing holidays fall on any day from Monday through Friday, inclusive, and that day is a regularly scheduled non-workday for an employee, such employee shall be entitled to receive eight (8) hours pay at the employee's regular hourly wage rate. The holiday known as "Columbus Day" shall be scheduled by employees and their supervisors in the same manner as vacations are normally scheduled and must be taken off within the fiscal year earned. The holiday known as "Birthday" shall be scheduled by exempt employees and their supervisors in the same manner as vacations are normally scheduled and must be taken off within the fiscal year earned.
20.l(b) For those Sergeants who are assigned to work any holiday, except Columbus Day pursuant to Section 20.l(a), and who actually work the holiday, that employee shall be paid Holiday Pay (regular pay rate) for hours equal to their regularly assigned shift (e.g.8, 9, 10 or 12 hours) as long as the shift is worked in its entirety. If the employee does not work the holiday shift in its entirety, they must use sick, vacation, cto, ect., to make up the missing time.
20.2 Notwithstanding the foregoing, employees may be scheduled to work on holidays, in which event any such employee will, in addition to the employee's holiday pay, be compensated therefor at the overtime rate of pay for all time worked on such days. An employee may, however, at the employee's option, elect to observe that holiday at another time to be scheduled in the same manner as vacation days are normally scheduled, in which event any such employee will only be compensated for time worked on that day at the overtime rate of pay and shall not receive holiday pay for such day. Whenever an employee elects to defer the observation of a holiday off with pay as provided herein, such holiday time off with pay shall be combined with compensatory time off with pay, if any, as provided by section 12.4, and shall be subject to the limitations contained therein.
20.3 If an employee is in a non-pay status on both workdays immediately adjacent to the holiday, the employee shall not receive pay for the holiday.
ARTICLE21
Vacations
21.l(a) Regular and probationary employees of the City shall accrue vacations with pay as follows:
21.l(b) At the rate of eighty (80) hours per year worked, or on paid leave, from the date of employment through the fourth ( 4th) year of employment. 20 21.l(c) At the rate of one-hundred twenty (120) hours per year worked, or on paid leave, from the fifth (5th) anniversary date through the ninth (9th) year of employment.
21.l(d) At the rate of one hundred sixty (160) hours per year worked, or on paid leave, from the tenth (10th) anniversary date.
21.l(e) For each full year of service after fifteen (15) continuous years of service, employees hired prior to August 17, 1999, shall be granted an additional eight hours accumulation of vacation in addition to that set forth in 21.l(d), above.
21.l(f) For each full year of service after fifteen (15) continuous years of service, employees hired on or after August 17, 1999, shall be granted an additional eight hours accumulation of vacation in addition to that set forth in 21.l(d), above, up to a maximum accumulation of two hundred forty (240) hours per year.
21.2 For those employees who are assigned to the twelve-hour shift schedule, an employee who takes a vacation/CTO Day while working on a scheduled twelve-hour shift shall be charged for twelve hours ofvacation/CTO. An employee who takes a vacation/CTO day on the one eight/ten-hour scheduled shift shall be charged for eight/ten hours of vacation/CTO.
21.3 Vacation cannot be accrued while an employee is in a non-pay status.
21.4 Vacations shall be scheduled by the Chief of Police after consideration of the wishes of the employee and the needs of the service. No employee shall be permitted to take more than twenty (20) consecutive working days of vacation without the authorization of the City Manager. No employee may take accumulated vacation time prior to the completion of six ( 6) full months of service to the City. No less than one (1) hour of vacation may be taken at any one (1) time. No employee, when off work for a scheduled vacation, compensatory time off, or sick leave, shall sign up for or participate in a work- related activity and collect overtime compensation. This would apply to scheduled overtime, not call back.
21.5 The City shall not require an employee to take the employee's vacation in lieu of sick leave or leave of absence on account of illness.
21.6 If a holiday which an employee is entitled to have off with pay occurs on a workday during the time an employee is absent on vacation, the employee shall receive pay for the holiday as such, and it shall not be counted as a day of vacation.
21.7 A maximum of two (2) years of vacation accumulation may be accrued at any time. Whenever an employee would lose vacation credits as a result of the foregoing maximum, and the employee is not at fault, in scheduling vacation time off the City may in its discretion either allow the maximum vacation accumulation to be exceeded or may compensate the employee for any vacation time in excess of the maximum accumulation. 2 1
21.8 Whenever an employee has taken a minimum of 80 hours vacation in a fiscal year (July 1 to June 30), that employee, at their option, may sell back up to a maximum of twenty (20) hours of accumulated vacation per year during the months of April, July, October and December each fiscal year. Employee requests for this benefit must be made in writing and must include the number of hours the employee elects to sell. Payment for these hours shall be at the rate of the employee's base salary. Compensation requested under this section shall be paid on the second pay period of the month.
21.9 Employees whose employment with the City is terminated for any reason shall, at the time of termination, receive compensation for any unused vacation period previously earned.
ARTICLE22
Uniforms
22.1 Each uniformed employee shall receive an annual uniform allowance of nine hundred dollars ($900) at the time of the employee's original appointment. Upon completion of one full year of service, an employee shall receive an amount equivalent to one-twelfth (1/12) of the annual allowance for each full month or major fraction thereof, between the employee's first anniversary date and the following July 1 which shall be paid biweekly through payroll on a prorated basis. On the next July 1, and each July 1 thereafter, the employee shall receive an annual uniform allowance of nine hundred dollars ($900) which shall be paid biweekly on a prorated basis.
22.2 If an employee terminates employment prior to becoming entitled to the next uniform allowance payment, the employee may be required to return one-twelfth (1/12) of the annual allowance for each month or major fraction thereof between the employee's termination date and the next uniform allowance payment date.
22.3 Whenever any employee's personal properties, such as glasses and jewelry, are damaged or destroyed in the course of employment, and not repaired or replaced for the employee by any other person or insurance, such property will be repaired or replaced by the City for up to a maximum of three hundred dollars ($300) for each repair or replacement incident. During the course of employment, employees will be prohibited from wearing items regarded as luxury or excessively expensive personal property.
22.4 The City will purchase at its expense a jacket for each new hire. Employees shall be required to maintain a jacket as part of their required uniform.
ARTICLE23
Employee Evaluations
22 23.1 Each employee shall be evaluated in writing by their supervisor at least once each year. The supervisor shall discuss the evaluation with the employee and shall provide the employee a copy of the written evaluation. The employee shall have the right to respond to negative evaluations and to attach a written response to the evaluation.
23.2 Probationary employees shall be evaluated at least three (3) times prior to attaining regular status and as often as needed as determined by the City.
23.3 An employee who disagrees with the evaluator's statements or conclusions with respect to the employee evaluation report shall have the right to review such evaluation report with the Chief of Police and upon request, shall have the right to have an Association representative present.
ARTICLE24
Employee Discipline
24.1 During the probationary period, any employee shall be subject to disciplinary action, including termination, and shall not have the right to a hearing nor the right to file a grievance with respect thereto except, however, such employee shall have the right to meet with the Chief of Police to discuss the disciplinary action. Upon completion of the probationary period, employees shall be subject to disciplinary action for cause as prescribed herein.
24.2 The City has the right to take appropriate disciplinary action against regular status employees including, but not limited to, oral or written reprimand, suspension with or without pay, reduction in compensation, retention on the same step of the salary schedule, transfer, demotion, and discharge. By mutual agreement between the employee and the City, an employee may be allowed to work without pay in lieu of suspension without pay for disciplinary purposes.
24.3 No disciplinary action shall be taken for any cause, which arose prior to the employee becoming regular, unless such cause was concealed or not disclosed by such employee when it can be reasonably assumed that the employee should have disclosed the facts to the City. Causes for disciplinary action include, but are not limited to, the following:
A - Drinking any kind of intoxicating liquor while on duty, or reporting for duty with liquor on the breath
8 - Neglect of duty
C - Violation or conviction of any criminal law which affects ability to function as a peace officer
D - Sleeping while on duty
E - Inefficiency in service
23 F - Disobedience of orders
G - Leaving post before being properly relieved
H - Being absent from duty without permission
I - Using coarse, profane, or insolent language to a superior officer; or to any member of the Department; or citizens which affects ability to function as a peace officer.
J - Insubordination
K - Neglect to treat officers and members of the Department and all other persons, courteously and respectfully which affects ability to function as a peace officer
L - Willful maltreatment of a prisoner or any person in the course of duty M - Making false official reports, or false reports to station; such as, sick or injured on duty for the purpose of obtaining time off
N - Neglect to wear uniform while on duty when required to do so 0 - Neglecting to appear neat and clean at all times in public while on duty P - Receiving or accepting any regard or gratuity of any kind from any person arrested, or from anyone on behalf of the person
Q - Willfully or neglectfully communicating or giving out any information to any person concerning the business of the Department to the detriment of the Department
R - Willfully or neglectfully communicating any information which may aid a person to escape arrest, or to delay the apprehension of a criminal, or secure the removal of stolen or embezzled goods or other valuables . S - Incapacity due to a mental or physical disability T - Willful damage to public property or waste of public supplies or equipment U - Fraud in securing appointment
V - Dishonesty
24 W - Addiction to or the use of illegal narcotics
X - Interference with other employees in the performance of their duties to the detriment of the service
Y - Any willful conduct which impedes or acts to the detriment of the operations of the City
Z - Improper use of drugs which affect ability to function as a peace officer.
24.4 Prior to the imposition of discipline of a regular status employee other than an oral or written reprimand or a suspension of five (5) or fewer days, the City shall serve personally on the employee or mail to the employee's last known address by registered mail a Notice of Proposed Disciplinary Action containing the specific charges in writing, stating the cause for the disciplinary action, the proposed type of discipline, as well as copies of any documents or evidence proposed to be used against the employee. The notice shall indicate the effective date of the disciplinary action and shall contain a statement of the rights to a hearing on such charges, and the right of representation. The time within which such hearing may be requested shall not be less than five (5) calendar days after service of the notice on the employee. Failure of the employee to file a request for hearing within the time specified shall constitute a waiver of the employee's right to a hearing. In the event that the employee does so appeal, the Chief of Police shall hear the appeal and shall notify the employee in writing of the disposition of the appeal.
ARTICLE25
Miscellaneous
25.1 A regular or probationary employee who is summoned for jury duty and is thus unable to perform the employee's regular duties will be paid for the time lost at the employee's regular rate of pay.
25.2 No derogatory material shall be placed in an employee's personnel file without the employee's knowledge. Any employee, at the employee's request, shall be permitted to review the employee's own personnel file and to receive a copy of any document contained therein. The file may not, however, be removed from the Office.
25.3(a) The City will provide a copy of this Memorandum of Understanding to each employee within thirty (30) days of ratification by the City Council.
25.3(b) In addition, the City will provide a copy of this Memorandum of Understanding to newly hired employees no later than the fifth (5th) date of employment. 25 25.4 Qualification for employment and continued employment is dependent upon the applicant and the employee meeting the City's medical, mental, and physical standards.
25.5 The parties acknowledge and support the importance of physical fitness in public safety employment.
25.6 Exempt employees (Captain/Lieutenant) In recognition of the inapplicability of additional compensation, specifically overtime, exempt employees shall be entitled to ten (10) working days or (80) hours of management leave each calendar year. Such leave shall be prorated according to the time of service each year.
25.6 (b) Unused management leave shall not be carried over from year to year.
Following the end of each calendar year, at the time of retirement, or upon separation from the City service, all unused leave for that year will be paid.
25.6 (c) Management leave shall not be used to extend any annual vacation leave or other leave in excess of any limits associated with any authorized leave, unless approved by the Chief of Police.
25.6 (d) Exempt employees (Captain/Lieutenant), who as a result of their exempt status, are not eligible for overtime pay or compensatory time off, will not have their leave balances (vacation, sick leave, etc.) reduced for absences of less than four hours. Direct supervisor approval is required.
ARTICLE26
Employee Benefit Programs
26.l(a) Retirement Plan: Regular and probationary employees hired prior to a contract amendment of the City's contract with PERS for Safety employees, are covered by a State of California Public Employee's Retirement System program integrated with Social Security pursuant to an existing contract with the Public Employees' Retirement System. The basic benefit formula is known as 3% at age 50(Classic). Employee pays the employee's normal nine (9) percent cost for participation in the Public Employees' Retirement System program. At the employee's expense, the military service credit buy back option provision is provided.
26. l(b) A second retirement tier of 3% at age 55, and highest consecutive 36 months, through the Public Employees' Retirement System shall be effective for those employees hired after the City amends its contract with PERS for Safety employees. Employees hired under the 3% at age 55 formula will also pay their normal nine (9) percent member contribution for participation in the Public Employees' Retirement System program. All other retirement benefits remain the same as those employees covered under the first-tier formula.
26 26.1 (c) The State of California has mandated that all new employees entering the CalPERS system for the first time shall fall under specific formulas. The formula that the State has mandated for Safety personnel for the City of Anderson is 2.7% @ 57 (PEPRA).
Employees covered by this formula shall pay 50% of the total normal cost, as determined by CalPERS. Effective the pay period following such time that the CalPERS retirement contract can be amended pursuant to Government Code section 20516(a), unit employees will pay an additional 3 % of reportable compensation towards the Cal PERS Employer Contribution to the PERS pension, in addition to the employee's contribution share, through payroll deduction on a pre-tax basis. In the event that 50% of normal costs plus 3% exceeds a total of 17% member contribution to the PEPRA members, the City and APOA agree to re-open negotiations to discuss further cost sharing possibilities.
26.l(d) The California Public Employee's Retirement System plans with the benefit formula of 3% at age 50, 3% at age 55, and 2.7% at 57 are integrated with Social Security.
26.1( Effective January 1, 2021, employees in the Classic or Second Retirement tier, in addition to paying their 9% member contribution, employees shall pay 3% of normal costs for a total pre-tax contribution of 12%.
26.2(a) Group Insurance: All regular and probationary employees and their dependents are eligible to participate in a group insurance benefit program consisting of medical, dental, vision, life, and disability benefits effective the first day of the month following employment. The City shall pay 93.3% of the premium cost of the benefits set forth above, and employees shall pay 6. 7% of the premium cost of the benefits set forth above. The employee share shall be paid by each employee by automatic payroll withholding.
Employees and the City shall split (50/50) any future premium increases.
26.2(b) City retains the right to switch to another medical plan with the understanding that the cost will not exceed the present contractual obligation of the City of Anderson. The APMA agrees to waive any, and all meet and confer rights regarding the City's switch to another medical plan, including but not limited to plan premiums and benefits. For edification, the term contractual as used herein is referring to the cost imposed to the City under the current medical plan, which is defined as Teamsters Plan 8 with VSP and imposes a maximum monthly cost to the City as follows: $1,407.30, per employee, plus 50% of any prospective cost increase to the medical plan beyond the $1,407.30 per employee amount. In no event shall the City be responsible for any cost exceeding the contractual obligation.
26.2(c) Long-term Disability Insurance: All regular and probationary employees are eligible to participate in a long-term disability insurance benefits program effective the first day of the month following employment at the City's expense. Following a ninety-day elimination period, the benefits are 66-2/3 of the employee's base salary.
26.2(d) The City may, at its option, change insurance carriers, claims administrators, or make minor revisions to the benefit structure of the group insurance benefit program set forth in 26.2(a) and 26.2(b) above, providing, however, that the benefit structure 27 remains substantially equivalent to the current program. Prior to any such changes, however, at the Association's request the City will consider recommendations of the Association relative to alternatives.
26.3 The City shall offer employees a Section 125 benefit plan.
ARTICLE27
Savings Provision
27.1 If any provisions of this Memorandum of Understanding are held to be contrary to law by a court of competent jurisdiction, or held to be outside the scope of negotiations, such provisions will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect.
ARTICLE28
Effect of Memorandum of Understanding
28.1 It is understood and agreed that the specific provisions contained in this Memorandum of Understanding shall prevail over City practices and procedures, to the extent of a conflict, and over State laws, to the extent permitted by State law.
ARTICLE29
Entire Agreement
29.1 Except as specifically provided in Article 30 (Term), during the term of this Memorandum of Understanding, the Association expressly waives and relinquishes the right to meet and negotiate on wages, hours of employment, and terms and conditions of employment, and agrees that the City shall not be obligated to meet and negotiate with respect to any subject or matter whether referred to or covered in this Memorandum of Understanding or not, even though such subject or matters may not have been within the knowledge or contemplation of either or both the City or the Association at the time they met and negotiated on and executed this Memorandum of Understanding, and even though such subjects or matters were proposed and later withdrawn. Notwithstanding the foregoing, however, if the City exercises its right to contract out bargaining unit work or services, at the Association's request, the City will meet and confer with the Association on the impact of the City's decision.
ARTICLE30
28 Term
30.1 This Memorandum of Understanding shall take effect as of April 1, 2023 except as otherwise provided herein, and shall remain in full force and effect through January 1, 2026 and thereafter from year to year unless written notice of change or termination shall be given by either party ninety (90) days prior to the expiration date above or the expiration date of any year thereafter, except, however, that this Memorandum of Understanding shall only become effective with approval of the City Council of the City of Anderson.
30.2 Whenever notice is given for changes, the general nature of the changes desired must be specified in the notice, and until a satisfactory conclusion is reached in the matter of such changes, the original provision shall remain in full force and effect.
30.3 This Memorandum of Understanding shall not be amended or supplemented except by agreement of the parties hereto, reduced to writing and duly signed by each. 29 IN WITNESS WHEREOF, the parties have executed amendments to this agreement this 1st day of April, 2023.
CITY
Jeff Kiser
City Manager
Liz Cottrell
Assistant City Manager
Approved as to form:
Collin Bogener, City Attorney
ASSOCIATION
President
Vice President
Secretary
30 Classification
I 1
EXHIBIT "A" EXHIBIT "A"
SCHEDULE OF WAGE RATES
12 Effective: April 1, 2023
13 Salary Step
Hourly Pay Rate
14 Sergeant Canine 0fficer1 $16.62
Sergeant2,
3A,5 $57.12 $59.97 $62.97 $66.12
Lieutenant $92.24 $96.85
Captain $106.77
Top Step
Monthly
Equivalent
$11,460
$16,787
1 Hourly rate for canine care and maintenance purposes only as described in Section 12. 9. 2 Any classification shown may be assigned the canine handler responsibilities described in Section 12.9. An employee in this assignment shall have their pay rate increased by five (5) percent.
3 Any classification shown may be assigned to investigation or Shasta lnteragency Narcotics Task Force responsibilities described in Section 11.5. Employees in these assignments shall have their pay rate increased by five (5) percent.
4 Employees holding the classifications of Sergeant who have earned a P.0.S.T. Advanced Certificate shall have their pay rate increased by five (5) percent. 3 1
Classification
11 SCHEDULE OF WAGE RATES
Effective: January 1, 2024
12 13
Salary Step
Hourly Pay Rate
14 Sergeant Canine Officerl $16.95
Sergeantn...s $58.26 $61.17 $64.23 $67.44
Lieutenant $94.08 $98.79
Captain $108.91
Top Step
Monthly
Equivalent
$11,689
$17,123
1 Hourly rate for canine care and maintenance purposes only as described in Section 12.9. 2 Any classification shown may be assigned the canine handler responsibilities described in Section 12.9. An employee in this assignment shall have their pay rate increased by five (5) percent.
3 Any classification shown may be assigned to investigation or Shasta lnteragency Narcotics Task Force responsibilities described in Section 11.5. Employees in these assignments shall have their pay rate increased by five (5) percent.
4 Employees holding the classifications of Sergeant who have earned a P.O.S.T. Advanced Certificate shall have their pay rate increased by five (5) percent. 32 Classification
Sergeant Canine Officer1
Sergeant2,3,4,S
Lieutenant
Captain
SCHEDULE OF WAGE RATES
Effective: January 1, 2025
11 12
$17.28
$59.42 $62.40
$95.96 $100.76
$111.09
Salary Step
Hourly Pay Rate
13 14
$65.51 $68.79
Top Step
Monthly
Equivalent
$11,923
$17,465
1 Hourly rate for canine care and maintenance purposes only as described in Section 12. 9. 2 Any classification shown may be assigned the canine handler responsibilities described in Section 12.9. An employee in this assignment shall have their pay rate increased by five (5) percent.
3 Any classification shown may be assigned to investigation or Shasta Interagency Narcotics Task Force responsibilities described in Section 11.5. Employees in these assignments shall have their pay rate increased by five (5) percent.
4 Employees holding the classifications of Sergeant who have earned a P.O.S.T. Advanced Certificate shall have their pay rate increased by five (5) percent. 33 Police Sergeant
EXHIBIT "B"
Job Definitions
An employee who is engaged in the supervision of employees who perform all classes oflaw enforcement work. The employee's duties include, but are not limited to, planning work, coordinating field activity, counseling, and training of personnel. Sergeants shall have the personal qualifications of leadership and supervisory ability, knowledge of laws and court procedures, and be familiar with the City's accounting procedures, policies, and rules and regulations. The employee must possess a POST Intermediate Certificate*.
Police Lieutenant
Manage activities of assigned shift, function or activity; supervise, coordinate, train and evaluate assigned staff; enforce City and departmental policies and procedures; provide leadership and motivation as well as technical guidance; prepare, conduct or monitor a variety of reports, studies, investigations, surveys, grants, etc.; advise supervisor of the activities of assigned shift, function or activity; serve as liaison or representative to other City departments or outside agencies; assist in the preparation and monitoring of the budget; give public presentations; and perform other related duties as assigned.
Police Captain
Plan, direct and administer the activities of an assigned division of the Police Department; advise Chief of Police on the activities of the division; oversee all aspects of operations of the division; provide leadership and motivation as well as technical guidance; serve as liaison or representative to other City departments or outside agencies; develop long-range goals; assist in the preparation of the department budget; develop and monitor the budget of assigned division; prepare and/or oversee the preparation of complex and comprehensive reports, studies, investigations, surveys, grants, etc.; give public presentations; hire, direct, coordinate, supervise, train and evaluate assigned staff; enforce City and departmental policies and procedures; and perform other related duties as assigned. 34 RESOLUTION NO. 23-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ANDERSON
AND THE ANDERSON POLICE MANAGEMENT ASSOCIATION
WHEREAS, through Resolution 75-25, the City Council of the City of Anderson ("City") adopted "Policies and Procedures Pertaining to the Administration of Employer-Employee Relations," (the "Policy") which set forth a specific process that employee organizations must follow in order to be formally recognized by the City as a bargaining unit under the Meyers-Milius Brown Act; and WHEREAS, On November 16, 2022, the City's Municipal Employee Relations Officer (the City Clerk) received a "Formal Petition of Recognition of the Anderson Police Management Association" requesting formal recognition of the mid-management public safety officers as a bargaining unit pursuant to the Policy; and
WHEREAS; on December 7, 2022, the Municipal Employee Relations Officer provided notice to the Anderson Police Management Association ("APMA") that they had met the requirements of the Policy and would be formally recognized by the City as a bargaining unit; and WHEREAS, on January 26, 2023, the APMA provided the City with a proposed Memorandum of Understanding ("MOU") which contains almost the exact same terms and conditions the employees that make up the APMA currently receive, either through the MOU with the Anderson Police Officer's Association or City policies; and
WHEREAS, the City Council seeks to approve the APMA MOU and authorize the designated labor negotiators, being the City Manager and Assistant City Manager, to execute the MOU NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
1. The above recitals are adopted and incorporated herein by reference.
2. The City Council hereby approves the Anderson Police Management Association and authorizes the City Manager and Assistant City Manager to execute the same.
PASSED AND ADOPTED by the City Council of the City of Anderson on this 21st day of March, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mike Gallagher, Mayor
ATTEST:
Christy White, City Clerk
RESOLUTION NO, 75-25
A RESOLUTION OY THE CITY COUNCIL OF THE
CI'IY OF ANDERSON ADOPTING CERTAIN POLICIES
Am> PROCEDURES PERTAINING TO TilE ADMINISTRATION OF EMPLOYER-EMPLOYEE RElATIONS, WHEREAS, Government Code Section 3507 e~pressly permits a public agency to adopt reasonable rules and regulations pertaining to employeremployee relations after consultation in good faith with representatives of an employee organization or organizations, and
WHEREAS, there are presently no employee organizations with which City staff is able to confer, and
WHEREAS, the City does not now have rules and regulations pertaining to the recognition, meeting and conferring in good faith with representatives of employee organizations, end WHEREAS, the City Council now deems it to be in the best interests of the City of Anderson t o adopt such rules and regulations, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anderson that the following policies and pTocedurea, governing the administ ration of empl oyer-employee relations under the Meyers-Milias-Brown Act of 1968, be and they are hereby adopted pursuant to the authorization provided by Government Code Section 3507.
l, Tit le of Resolution.
Th i s Resolution shall be known as the Employer -!mployee Relations Resolution of the City of Anderson.
2 , Statement of Purpose.
t he purpose of this Resolution is to implement Chapter 10, Division · 4, Title· l of the Government Code of the State of California (Sections 3500, et seq.) captioned "Public Employee Organizations", by providing orderl y ~rocedures £or the administTation of employer-employee re l a tions between the City and employee organizations and employees of the City, and for resolving d isputes regarding wages, hours and other terms and conditions of employment .
3. Definitions.
As u9ed in this Resolution, the fol lowing terms shall have the meanings indicated:
(a) 'Appropriate unit' means a unit established pursuant to paragraph 10 of thi s Resolution.
(b) 'City' means the City of Anderson, a municipal corporation, artd where appropriate herein, 'City' refers to the City Council, the governing body of said City, or any du ly authorized management emp loyee as herein defined.
(c) 'Consul t or consultation in good faith' means to communicate verbally or in writi ng relative to int ended actions for the purpose of presenting and obtaining views thereon,
(d) 'Employee' means any person employed by the City except those persons e l e cted by popular vote; those placed with the City through Federal or State Manpower Programs; those persons seasonally employed by the City and those persons hired on a temporary ful l or part time basis, and those persons wi thin the p~obationary period of employment.
(e) 'Employee. confidential' m~ans an employee who assis~s and acts in a confidential capacity to persons who formulate, determine, or effectuate policies of City management in the field of employer-e~ployee relations.
(f} 'Employee, managemeot' means:
(1) Any employee having significant responsibilities for formulating and administering City policies and programs, including but not limited to the chief executive officer and department heads; and (2) Any employee having authority to e~ercise independent judgment to hire, transfer, suspend , lay-off, recall, promote , discharge, assign, regard, or discipline other employees or to adjusc their grievances, or effectively to recon:mend such action if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(g) 'Employee, professional' means employees engaged in work requiring Qpecialized knowledge and skills attained through completion of a recognized course of instTuction, including, but not limited t:o, attorneys, physicians, registered nurses, engineers, architects, t eachers, and various types of physica l , chemical and biol ogical scient:ists.
(b) 'Employee organizat ion' means any organization which includes elllj>loyees of the City and which has as one of its primary purposes representing aueh employees in their employment relations with the City. (i) 'Employer-employee rel ations' means the relationship between the City and its emp l oyees and their employee organization, or when used in a genera l sense, the relati onship between City management and elnployees or employee organizationa. (j) 'Grievance' as this ter~ is defined in paragraph l4(a). (k) ' I mpasse' means:
(1) A deadlock i n the annual (or periodic) discussions between a majority representative and the City over any 111c1tters concerning ~hich they are required to meet and conf er in good faith, or over the scope of &uch subject matter; or
(2) Any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the Municipal Employee Relations Officer made pursuant to paragraphs 9, 10 or 11 of this Resolution. (l ) 'Majority representative' means an employee organization, or its duly authorized representative, that has been granted formal recognition by the Municipal Employee Relations Officer as representing the majority of employees in an appropriate uni t.
(m) 'Mediation' means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours snd other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion and advice.
(n) 'Meet and confer in good faith' (sometimes referred to herein as 'meet and confer' or 'meeting and conferring') means performance by duly authorized Cit:y representatives and duly authorized representatives of an employee organization recognized as the majority representative of their ~utual obligation ~o meet at reasonable times and to confer in good faith regarding llllltters within the scope of representation including wages, hours, and other terms and conditions of employment, in an effort to: (1) reach agreement on those matters within the authority of such representatives, and (2) reach agreement on whst will be recom~ mended to the City Council on those matters within the decision l!IBking authority of the City Council. This does not require either party to agree to a proposal or to make a concession.
(o) 'Municipal employee relations officer' means the City's principal representative in all matters of employer-employee relations designated pursuant to paragraph 12, or his duly authorized representative . (p) 'Resolution' means, unless the context indicate e otherwise , the Employer-Employee Relations Resolution of the City of Anderson. (q) 'Peace officer' as this term is defined in Section 817, Cali fornia Penal Code.
.
'
(r) 'Recognized employee organizations' means an employee organi2ation which has been acknowledged by the Municipal Employee Relations Officer as an employee organization that represents employees of the City, The rights accompanying recognition are either:
(1) Formal recognition, which is the right
to meet and confer in good faith as
the majority representative in an
appropriate unit; or
(2) Informal recognition, which is the
right to consultation in good faith by
all recognized emp l oyee organizations.
(s) 'Scope of representation' means all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours and other terms and conditions of employment.
City Rights (paragraph 5) are excluded from the scope of representation.
4. Elnployee Rights.
Employees of the City shall have the right to form, join anci participate in the activities of eaployee organizations of their own choosing for the purpose of representation on all matters of employer-employee rel ations including but not limited to wages, hours and other terms and conditions of employment. Duployees of the City also shall have the right to refuse to Join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with tbe City. No eaployee shall be interfered with, intimidated, restrained, coerced or discriminated against because of bis exercise of these rights.
5. City RiShta.
The rights of the City include, but are not limited to, the exclusive right to detemine the mission of its constituent departments, cQ111llissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its e111ployees; take disciplinary action; relieve its employees from duty because of lack of work; maintain the efficiency of govermnental operations; deteTinine the methods, means and personne l by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies, and exercise complete control and discretion over its orgaaization and the technology of perfoming its work.
6. Meet and Confer in Good Faith - Scope.
(a) The City, through its rep~esentatives, shall teeet and confer in good faith with representatives of formally recognized employee organizations with majority representation rights regarding matters wi thir. the scope of representation including wages, hours and o~her terms and conditions of employment w·!.thin the appropriate uni t.
(b) ! he City aha 11 not be required to meet and confer in good faith on any subject pre-elllpted by Federal or State law, nor shall it be required to meet and confer in good faith on Employee or City Rights as defined in paragraphs 4 and 5. Proposed amendments to this Resolution are excluded from the scope of meeting and conferring.
7, Consultation in Good Faith - Scope.
Al l matters affecting employer-employee relat ions, including those that are not subject to meeting and conferring, are subject to consultation.
The City, through its representatives, shall consult in good faith with representatives of all recognized employee organizations on employer•e:o,ployee relations matters which affect them.
8. Advance Notice.
Reasonable written notice shall be given to each recognized employee orga0ization affected by any ordinance, rule, resolution or regulation directly relat ing Co matters within the scope o f representation proposed to be adopted by the City Council or by any board or COllllllisaion of the City, and each such recogni zed employee organization shal l be gi ven the opportunity to meet with such body prior to adoption.
9. Petition for Recognition.
There are two levels of employee or ganization recognition, formal and informal. The recognition requirements of each are set forth be low. (a) Formal recognition - the right to meet and confer in good faith as majority representative: An employee organization that seeks formal recognition for purposes of meeting and conferring in good faith as the majority representative of employees in an appropriate unit shall file a pet ition with the Municipa l Etllploye• Relations Officer containing the following informati on and docu~entation:
(1) Name and address o f the employee organization.
(2) Names and titles of its officers.
i
•..
(3) Names of e~ployee organization representatives
who are authorized to speak on behalf of its
members.
(4) A statement that the employee organization has,
as one of its primary purposes, representing
employees in their e111ployment relations with the
City.
(5) A statement whether the employee organization is
a chapter or local of, or affiliated directly or indirectly in any manner with, a regional or state, or national or international organization, and, if
so, the name and address of each such regional,
state or international organization.
(6) Certifi ed copies of the employee organizatio~•s
constit ution and by-laws.
(7) A designation of those persons, not exceeding two
in nu~ber, and their addresses, to whom notice
sent by regular United States mail will be deemed
sufficient notice on tbe employee organization for
any purpose.
(8) A st a t ement that the Blllployee organization has no restrl ction on membership based on race, color,
creed, sex or national origin.
(9) The job classifications or titles of employees in
the unit claimed to be appropriate and the approximate
number of member employees therein.
(10) A statement that the employee organization bas in
its possession written proof, dated within six months
of the date upon which the petition ia filed, to
establish that employees in the unit claimed to be
appropriate have designated the emp l oyee organization to represent them in their employment relations with
the City. Such WJ:itten proof sh all be su'.Jmitted for confirmation to the Municipal Employee Relations
Officer or at the option of the employee organization
to a mutually agreed upon disinterest ed t hird party.
(11) A request that the Municipal Employee Relations Officer recognize the employee organizati on as the majority
representative o.f the employees in the unit claimed
to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation.
(b) Infot111al recognition• right to consult in good fai th : An employee organization that seeks recognition for purposes of consultation in good faith shall file a petition with the Municipal Employee Relation1 Officer containing the following information and docuraentation:
-6-
(I) All of the information enumerated in subparagraphs
(a) (1) through (9) hereinabove, inclusive, excepting
only paragraph (a) (6).
(2) A state~ent that the employee organization has in
its possession written proof, dated within six
months of the date upon which the petition is filed,
to establish that employees have designated the
employee organi~ation to represent them in their
emplo}'lllent relations with the City. Suer. written proof shall be submitted for confirmation to the Municipal
Employee Relations Officer or to a mutually agreed
upon disinterested third party.
(3) A request that the Municipal ntlployee Relations
Officer recognize the employee organization for the
purpose of consultation in good faith.
(c) The petition, including all aCCOlllpanying documents, shall be verified, under oath, or certified by the Executive Officer and Secretary of the organization that the statements are true. ~11 changes in such information shall be filed forthwith in like manner.
(d) The Municipal Employee Relations Officer shall grant recognition, in writing, to all eiuployee organizations who have complied with paragraph 9(a) or (b), and (c) for purposes of consultation in good faith for its members.
Employee organizations seeking formal recognition as majority r epresentati ve must, in addition, satisfy the requirements of paragraph 11 (a) (1) below.
No employee may be represented by more than one recognized employee organizati on for the purposes of this Resolution.
10. Appropriate Unit.
(a) The Municipal Employee Relations Officer, after r eviewing the petition filed by an employee organize tion seeking foru,al recognition as majority representative; shall deter111ine whether the proposed unit is an appropriate unit. The principal criterion ln ~aking this determination i s whether there is a c0111D1unity of interest among such employee s. The followi ng factors, among others, are to be considered in making such de t ermina tion:
(I) Which unit will assure employees the f ul lest
freedom in the exercise of rights set forth
under this resolution.
(2) The history of employee relationa, (i) in the
unit; (ii) among other employees of the City; and
{iii) in similar public employment.
(3) The effect of .the unit on the efficient op6r ation of the City and sound employer-employee relations.
(4) The extent to which employees have c011111on ski lls, working conditions, job skills or simil ar educational
requirements.
(5) The effect on the existing classification structure of dividing a single classification among two or
more units.
Provided, however, no unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized, (b) !n the establishment of ap~ropriate units, (l ) professional employees shall not be denied the right to be represented separately from nonprofessional employees; and (2) management and confidential employees who arc included in the same unit with non-management or non-confidential employees may not represent such employees on matters with the scope of representati on.
11. Recognition of Employee organizations as Majority Representative - Formal Recognition,
(a} The Municipal Employee Relations Officer shall:
(l) Determine the majority representative of City employees in an appropriate unit by arranging for a secret ba llot election or by any other reasonable method which is based upon written proof, and is designec to ascertain the free choice of a lllajority of such employees. The employee
organization found to represent a majority of the employees in an appropriate unit shall be granted formal recognition and is the only employee organization entitled to meet and confer in good faith on matters within the scope of representation for employees in such unit. This shall not preclude other recognized employee organizations, or individual
employees, fr0111 consulting with management representatives on employer-employee relations matters of concern to them. (2) Revoke the recognition rights of a majority representative which has been found by secret ballot election, or by any other reasonable method which is based upon written proof, no longer to be the majority representative.
(b) The recognition rights of the majority representative designated in accordance with this paragraph shall not be subject to challenge by any other employee organi~ation for a period of twelve months following tte date of such recognition,
12. Designation of Muncipal Employee Relations Officer.
The City Council designates the City Manager as the Municipal Employee Relat ions Officer who shall be the City's principal representative in all matters of employer-employee relations, with authority to meet and confer in good faith on mattere within the scope of representation including wages, hours and other terms and conditions of employment,
t he Municipal Emp l oyee Relations Officer herein designated is authorized to delegate these duties and responsibilities.
13. Resolution of Impasses.
Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted.
The impasse procedures are as follows:
(a) Mediation (or Conciliation) (Defined in paragraph 3 (n).
All mediation proceedings shall be private. The Mediator shall make no public recommendations nor take any publ ic position concerning the issues. (b) Any other dispute resolving procedures to which the parties rautually agree or, failing such agreement, vhich the Clty Council may order. (c) A determination by the City Council, after a hearing on the merits of the dispute.
Any party may i nitiate the impasse procedure by filing with the other party (or parties) affected, a written request for an irupasse meeting, together with a statement of its position on all disputed issues. An impasse ~eeting shall then be scheduled by the Municipal E'm.ployee Relations Officer forthwith after t he date of filing of the written request for such meeting, with llritter. notice to all parties affected. The purpose of such impasse meeting is twofold:
(1) To perrnit a review of the position of all
parties in a final effort to reach agreement
on the disputed issues, and
(2) If agreement is not concluded, t o mu t ually
select the specific impasse procedure to
which the dispute shall be submitted.
In the absence of agreement between the parties on this point, the raatter shall be referred to the City Council.
The fees and expenses, if any, of mediators or of any other impasse procedure, except determination by the City Council, shall be payable one-half by the City and one-half by the employee organi~ation or employee organizations,
14. Grievances,
(a) A grievance is any dispute concerning the interpreta tion or application of this Resolution, or of rules or regulations governing personoel practices or working conditions, or of the practical consequences of a City Rights' decision on wages, hours and other terms and conditions of employment. (b) G-rievances shall be processed in accordance with procedures established by the City.
' .
15. Memorandum of Understanding.
When the meeting and conferring process is concluded beiween the City and a formally recognized employee organization representing a majority of the employees in an appropriate unit, all agreed upon matters shall be incorporated in a written memorandum of understanding signed by the duly authorized City and majority representatives.
As to those matters within the authority of the City Council, the memorandum of understanding shall be submitted to the City Council for detemination.
16. Rules and Regulations.
The City Council may adopt such rules and regulations necessary or convenient to implement the provisions of this Resolution and Chapter 10, Division 4, Title 1, of the Government Code of the State of California (Sectio n 3500, et seq.).
17. Construction.
(a) Nothing in this Resolution shall be construed to deny any person or employee the rlghts granted by Federal and State laws. (b) The rights, powera and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this Resolution.
(c) The provisions of this Resolution are not intenced to conflict with the provisions of Chapter 10, Division 4, Title l of the Government Code of the State of California (Sections 3500, et seq.) as amended in 1968.
18. Separability.
If any provision of this Resolution, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
I HEREBY CERTIFY that the foregoing Resolution was introduced and read at regular meeting of the City Council of the City of Anderson on ____ Ma=y.._2_9 _____ , 1975, and was duly adopted at said meeting by the following vote:
AYES: Coundlme111bers Losan, Jakez, McQuade,.and Bennett.
NOES: None
ABSENT: Councilman W'F+~~,u,..~~~'---".J'"l.o.o'?"""'-C.1.:" . '
ATTEST:
I, Virginia D. Nuss, City Clerk of the City of Anderson do hereby certify that the above and foregoing is a true and correct copy of a Resolution passed and adopted on the date herein first above "1l"itten.
11. TO: City of Anderson; Municipal Employee Relations Officer FROM:
DATE:
Petitioned Members of the Anderson Police Management Association November 16, 2022
RE: Formal Petition of Recognition of Anderson Police Management Association The positions of Captain (vacant), Lieutenant (2), and Sergeant (5) are seeking to form an Employee Organization named Anderson Police Management Association, with the primary purpose being employer-employee relations. Lieutenant Nathan Ramirez, Sergeant Eric Haynes, and Sergeant Michael Hallagan are designated by all of the petitioned members of the Anderson Police Management Association to speak on behalf of all members.
Anderson Police Management Association will be a standalone organization with no affiliation directly or indirectly with any regional, state, national, or international organization. The Anderson Police Management Association has no restriction on membership based on race, color, creed, sex, ancestry, age, sexual orientation, or national origin.
The job classifications to which the Anderson Police Management Association will encompass are as follows:
• Captain- Vacant (I)
• Lieutenant- Lt. Blunk and Lt. Ramirez (2)
• Sergeants- Sgt.Haynes, Sgt. Chimenti, Sgt. Hallagan, Sgt. Finch and Sgt. Catanio (5) Please take this petition as written proof that the above employees have been deemed appropriate and approve the Anderson Police Management Association representing them in employeremployee relations. All employees associated with this petition have signed and dated this document; please see their signature and date for confirmation. This petition shall serve as the written formal request to the Municipal Employee Relation Officer that all members listed within this petition wish to be recognized as the Anderson Police Management Association and are appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation.
Lt. Nathan Ram~
Lt. Steve Blunk~~,.,,(
Sgt. Eric Hay~---·
Sgt. Christoplier Chiment~-->-----
Sgt. Michael Hallagaa· ~ ~
Sgt. Tyler Finch~
Sgt. Melanie Catanio'·~ ¼...,_,...... '-"
Date:
Date:
Date:
Date:
Date:
Date:
Date:
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/l ··/1>··22
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Anderson Police Management Association
Constitution and By-Laws
Preamble
We, the members of the Anderson Police Management Association, in order to promote the professionalism of law enforcement, and safeguard and improve the salaries, benefits, working conditions, welfare, and efficiency of the Anderson Police Management Association, do hereby form and organize the Anderson Police Management Association.
Article I
Section 1- Name
The official name of this organization shall be "Anderson Police Management Association," and it shall always be referred to and represented by its official name. The following organization, known as the Anderson Police Management Association, has no restriction on membership based on race, color, creed, sex, or national origin.
Article II
Section 1- Obiective
1. It shall be the objective of the Anderson Police Management Association to advance the professional, educational, economic, and social welfare of its members by establishing a permanent-organization for the benefit of all personnel of the Anderson Police Department.
2. It shall also be a secondary objective of the Anderson Police Management Association to raise funds for service groups, organizations, and activities that benefit the citizens and community of Anderson.
Article III
Section 1- Membership Qualifications
I. All sworn Captains, Lieutenants, and Sergeants of the Anderson Police Department shall be eligible, unless otherwise prohibited by these by-laws or subsequent amendments, for membership in the Anderson Police Management Association.
2. Those members of the Association represented by Captain, Lieutenant, or Sergeant of this Association in salary, benefits, and working conditions shall be hereinafter referred to as members.
3. All members shall provide the Association with a written authorization allowing dues payment by virtue of payroll deduction.
4. The term "General Membership" shall, as used in the by~laws, refer to all members.
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5. The general membership of the Association may, without further modification of these bylaws, by a majority vote of those members at any regular or special meeting, establish a system of association memberships with dues structure to be decided at the same meeting.
6. The Chief, Officers or non-sworn department members shall not be eligible for membership in this Association.
Article IV
Section 1- Membership Restrictions
Any member who resigns or is dismissed from employment with the Anderson Police Department shall, upon completion of any hearings or judicial appeals, be disqualified from membership in this Association and associated benefits.
£Wion 1. Paragraph 1- Rights of'Members in Good Standing
1. Except as otherwise stated in these by-laws, members shall have the right to voice and vote while attending any lawful meeting of this association.
2. All members shall have the right to examine the books, correspondence, and any reports of any Board Member. The President shall, with all due haste, either call a meeting of or poll the Board, who shall, by virtue of a majority vote, affirm or deny the reasonableness of the request and therefore affirm or deny the request itself.
3. Any member may, at any regular or special meeting of the Association, move to censure a member of the Board or move that a vote of confidence be taken.
4. No member may be deprived of his rights or privileges except as provided for in these bylaws.
5. All members shall have the right to appeal any decision of the Board, provided that such appeals are received by the President within thirty (30) days of said decision and are accompanied by the signatures of at least ten percent (10%) of the general membership.
Upon receipt of such an appeal, the President shall call for a special meeting of the general membership.
6. Any member shall, unless otherwise restricted by these by-laws, be eligible to be nominated and elected to any office or committee of this Association.
Section 1, Paragraph 2- Membership Meetings
I . Regular meetings of this Association shall be held every two months during the second Wednesday of the selected month, at a time and place designated by the President.
2. Special meetings may be called by the President with the approval of a majority of the Board.
3. Special meetings may be called by virtue of a petition by any Association member. Said petition shall include the reason for the desired meeting. Upon receipt of said petition, the President shall notify the general membership of the meeting no later than five (5) days from the receipt of said petition.
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4. Any special meeting, whether called by the President or by petition, shall provide five (5) days' notice to the general membership.
5. Notice to the general membership, be it for regular or special meetings, shall consist of written or electronic notice transmitted from the President to the members of the Board. It shall be the responsibility of the members of the Board to notify the general membership.
The Board shall use any means at their disposal to ensure effective membership notification.
6. A quorwn to transact business at a general or special meeting shall consist of a majority of the general membership.
7. With the exceptions of matters relating to salaries, benefits, and working conditions and proposed changes to these by-laws, all general business matters considered by the general membership shall be decided, except as provided for in these by-laws, by a majority vote of the general members present at each meeting.
Article V
Section 1- Offices
1. The offices of this Association shall be as follows:
a. President
b. Vice President
c. Secretaryffreasurer
2. All offices of this Association shall be elected to a two (2) year term.
Section 2- Election
1. Election of members to the Board shall be held at the regularly scheduled meeting of the Association members at or closest to July of each calendar year.
2. The President shall conduct the meeting, and the Board election shall be by a majority vote of the general membership.
3. The newly elected Board Members shall take office no later than thirty (30) days after being elected.
Section 3- Vacancies
1. In the event of a vacancy in the Office of the President, the Vice President shall become the President for the remainder of the term.
2. In the event of a vacancy in any office except for the President, the Board shall, within one ( 1) month, by majority vote, appoint any eligible member to fill out the unexpired term. If there are not enough members to fill all positions on the Board, the Vice President will also act as the Secretaryffreasurer.
-Section 4- Duties of the President
The President shall be the Chief Executive Officer of this Association and shall preside at all general meetings of the Association and the Board. He shall enforce a strict observance of these by-laws and all other rules and regulations for the government of this Association and the Board.
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He shall, with the advice and assistance of the Administrative Vice President, appoint members to committees. He shall require all members and board members to diligently perform their duties, and it shall be his duty to deal promptly, as provided for in these by-laws, with any and all derelictions of duty. He shall announce the decisions of the Association or of the Board to all subjects. He shall sign orders drawn on the treasury for disbursements voted by the Board, the general membership, or as otherwise provided for by these by-laws. He shall sign all other reports, certificates, documents, and correspondence that require his signature. He shall perfonn such duties as the nature of his office, or a majority of the Board or membership shall require. He shall be reimbursed for expenses in such amounts as the Board or membership shall authorize.
The President shall maintain order and control in accordance with Robert's Rules of Order. He shall have the authority to issue press releases with the consent of a majority of the Board. He shall be the Chief Negotiator for the Association in all matters relating to salaries, benefits, and working conditions. The President should, within a reasonable time, advise the Secretary of any actions taken or monies spent on behalf of the Association for the purpose of documentation.
Section 5- Duties of the Vice President
The Vice President shall assist the President in the performance of his duties and shall perform other duties as prescribed by the membership and/or the Board. He shall act as an assistant negotiator to the President in aH matters involving salaries, benefits, and working conditions. He shall advise and assist the President in the appointment of members to committees. He shall administrate and maintain control over all social and fundraising events as designated by the · membership and/or the Board. He shall, at all times, keep the President advised of his actions and progress. The Vice President should, within a reasonable time, advise the Secretary of any actions taken or monies spent on behalf of the Association for the purpose of documentation.
Section 6~ Duties of the Secretary/f reasurer
The Secretary shall prepare and mail all correspondence and documentary matters which the Association may require to be prepared or mailed. He shall keep in safe custody all correspondence and other material received by the Association. He shall keep full, accurate, and complete minutes of all general and special meetings and shall keep a book in which shall be entered the names, addresses, and telephone numbers of all members. The Secretary shall issue all certificates, notices, and documents not otherwise provided for in these by•laws. He shall render such reports as may be required. The Secretary shall maintain and periodically inventory the contents of any safe deposit box maintained by the Association. He shall perform such other duties as may be required of him by his office, the general membership, or the Board. He shall submit all books, records, documents, or papers in his possession or under his control to an authorized auditor whenever a majority of the Board or these by-laws may require. At the expiration or sooner termination of his tenure of office, he shall deliver to his successor all books, papers, documents, files, equipment, and other matters belonging to the Association. The Secretary shall read and a majority vote cast on the minutes of the recent past meeting of the general membership unless such reading is waived by a majority of the general membership present at the current meeting. He shall be reimbursed for his expenses in such amounts as the Board may determine.
The Treasurer shall keep true and accurate records on behalf of the Association. He shall receive and deposit all monies due to the Association from any source and shall issue official receipts, Version: 1.0 November 2023 Page 14
numbered serially. He shall enter all such receipts in a cash book, showing dates, source, purpose, and amount of each item, and shall enter the same in appropriate ledgers. He shall draw and sign all orders on the treasury for monies voted by the Board or membership and secure the necessary signatures for such orders. He shall enter the date, serial number, name, address of each payee, purpose, and amount of each disbursement in a record kept for this purpose. He shall balance said record on the first of every month and shall prepare a monthly report showing the cash and other assets of the Association and Board actions taken on behalf of the Association. He shall render other reports and perform other duties as required of him by the Board or general membership.
Section 7-Authorized Signatures
Any two (2) of the following signatures shall be authorized to sign checks or demands on the treasury of the Association: President, Vice President, and Secretaryffreasurer. This requirement shall apply to any expenditure over the amount of $100.
Section 8- The Board
1. The President shall act as the Chief Executive officer of the Board and shall preside over all meetings of the Board.
2. All elected Board Members shall serve as a negotiating committee to deal with all matters relating to salaries, benefits, and working conditions. The Board shall have the authority to bargain for a final settlement, pending approval of the affected membership classes.
3. All Board decisions affecting salaries, benefits, or working condition matters shall result from a two~thirds (2/3) majority of the Association members.
4. In order to obtain the views of the entire general membership on any and all matters, a majority of Association members may authorize any member to conduct an electronic poll of all absent members.
S. The Board shall, by a majority vote, authorize the disbursement of funds not to exceed limits established by the general membership at the regular July meeting.
Section 9- Recalls
1. Any Board Member of this Association is hereby declared subject to recall for conduct unbecoming a Board Member. A petition for recall must be accompanied by the specified charge(s) and the signature of at least twenty-five percent (25%) of the general membership.
2. Upon receipt of a lawfully constituted recall petition, the President shall, within five (5) days, present said petition to the Association members.
3. Those members present at the meeting may decide by virtue of a majority vote to submit the matter to a ballot vote of the entire membership. Should it be decided to settle the matter at the meeting, a two-thirds (2/3) majority voting in favor of said recall petition shall constitute the vacating of the office Board position involved.
4. In the event that the President is the subject of a lawfully constituted recall petition, the Vice President shall act as President until the completion of the recall procedures.
Section 10- Absenteeism
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Should any Board Member be absent from three (3) consecutive general or special meetings without good cause, his office may be declared vacant by a two-thirds (2/3) vote of the Association members.
Article VI
Section 1- Referendums
1. Any business introduced and carried at a regular or special meeting of the general membership shall be submitted to a referendum vote of the entire membership, should twothirds (2/3) of the members present at the said meeting so decide.
Section 1- Authorized Representatives
No member of the Association shall represent the Association or communicate in any manner any information concerning the Association or its members, or any business transacted or to be transacted or considered by the Association, or any of its officers or committees, or give out anything for publication, or report to bind the Association in any manner whatsoever unless he is authorized to do so by the Board or by the by-laws.
Article VII
Section 1- Amendments
1. This constitution and by-laws may be amended or repealed by virtue of notice to the general membership at any regular or special meeting stating that changes are to be considered at said meeting.
2. The above-mentioned changes shall be brought before the general membership by virtue of a majority vote.
3. A two-thirds (2/3) majority of those members present at said meeting shall be necessary to repeal or amend this document.
Article VIII
Section 1-Wording of the By-Laws
Whenever, in these by-laws, any money value is used, it means lawful money of the United States. The use of the masculine includes the feminine and vice-versa. The use of the present tense includes the future, "writing" includes printing and typewriters, and all provisions are to be construed according to the fair import of the terms.
Article IX
Section 1 - Spending
It is understood the Association Board will, at times, have expenditures. Board members may spend Association funds set forth in the approved fiscal year budget. The budget will be proposed Version: 1.0 November 2023 Page j 6
and reviewed by the Association at the closest meeting to June and prior to the start of the fiscal year in July. The fiscal budget shall require a (2/3) majority vote by the Association.
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December 7, 2022
Lt. Nathan Ramirez
Anderson Police Department
2220 North St
Anderson, CA 96007
RE: Formal Petition of Recognition of Anderson Police Management Association Dear Petitioning Members of the Anderson Police Management Association:
This letter follows your November 16, 2022 "Formal Petition of Recognition of Anderson Police Management Association" and it is my obligation to respond as the Municipal Employee Relations Officer. As you know, this process is governed by City of Anderson Resolution No. 75-25, titled "A Resolution of the City Council of the City of Anderson Adopting Certain Policies and Procedures Pertaining to the Administration of EmployerEmployee Relations" (the "Resolution"). In order for the new bargaining unit to be approved, you must comply with Section 9(a) of the Resolution which sets forth the requirements of the Petition. Once that has occurred, it must be established that the factors included in Section 10(a) ("Appropriate Unit") and Section 11(a) ("Recognition of Employee Organizations as Majority Representative- Formal Recognition") ofthe Resolution have been met.
The requirements of the Petition are outlined in Section 9(a) of the Resolution. The first two subsections are not included but require the "Name and address of the employee organization" and "Names and titles of its officers." Please amend the Petition to include that information. The remaining information appears compliant. In an effort to move this matter forward, J will review the remaining requirements for formal recognition.
In reviewing the Petition, it meets the criteria of Section lO(a) in determining the "community of Interest." That criteria is as follows:
City Clerk's Office
1887 Howard Street
Anderson, CA 96007
www.cl.anderson.ca.us Phone: (530) 378-6646
Fax: (530) 378-6648
(1) Which unit will assure employees the fullest freedom in the exercise of rights set forth under this resolution.
(2) The history of employee relations: (a) in the unit; (b) among other employees of the City; and ( c) in similar public employment.
(3) The effect of the unit on the efficient operations of the City and sound employeeemployer relations. (4) The extent to which employees have common skills, working conditions, job duties, supeivision or similar educational requirements. (5) The effect on the existing classification structure of dividing a single classification among two or more units. Provided, however, no unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized.
The proposed Anderson Police Management Association meets these criteria because (1) the full rights under the Resolution and Government Code Section 3500 et seq. will be permitted for the members; (2) some members of the bargaining unit have had no representation previously and the Sergeants will be ensured the same rights through this unit; (3) the efficient operations of employer-employee relations will be benefttted by the new unit; (4) the management employees all have common skills, working conditions, job duties, and supeivision requirements; and (5) the effect of the classification structure will not be effected with the new unit.
Finally, I must confirm that a majority of the employees to be represented under Section ll(a) ("Recognition of Employee Organizations as Majority Representative- Formal Recognition.") To do this, the City must determine "the majority representative of City employees in an appropriate unit by arranging for a secret ballot election or by any other reasonable method which is based on written proof, and is designed to ascertain the free choice of such employees." The Petition submitted contains the signatures of all employees that will make up the unit, thereby establishing a unanimous vote meeting this requirement and reflects a clear majority.
Additionally, pursuant to Section 11(a)(2), I hereby revoke the recognition rights of the Anderson Police Officer's Association with respect to the Sergeants listed in the Petition and designate that authority to the Anderson Police Management Association once the Memorandum of Understanding has been confirmed.
Because the requirements of the Resolution have been met by the Anderson Police Management Association through the Petition (other than those noted above), the City formally designates the association as the bargaining unit for the Captains, Lieutenants, and Sergeants of the Anderson Police Department.
The next step is for the City and the Anderson Police Officer's Association to prepare a Memorandum of Understanding setting forth the terms of employment That MOU will need to be approved by the Anderson City Council to be effective. In that regard, please submit a proposed MOU for the City to review and take to the City Council. Until that occurs, the terms of the APOA MOU will continue to govern the employment terms for the Sergeants and the general City of Anderson policies and procedures will continue to govern the remaining employee in the unit
Please forward the proposed MOU to me directly. Let me know if you have any questions or concerns.
Sincerely,
( , hn{-: \ VJ~
~~tyW~ iuJ
Municipal Employees Relation Officer
AGENDA ITEM
March 21, 2023 City Council MeetingJ
To:
Through:
From:
Date:
lsueJECT
Honorable Mayor and City
Jeff Kiser, City Manager
City Attorney Collin Bogener
March 21, 2023
Introduce an Ordinance (First Reading), amending Chapter 10.60 of the Anderson Municipal Code which pertains to "Regulation of Special Events" and set for enactment on April 4, 2023 (Second Reading)
I RECOMMENDATION
The City Attorney recommends that the City Council:
1. Introduce Ordinance No. _ (First Reading), amending Chapter 10.60 of the Anderson Municipal Code which pertains to "Regulation of Special Events" and set for enactment on April 4, 2023 (Second Reading)
2. Determine the ordinance is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that the project will have no possibility for causing a significant effect on the environment.
3. Direct the City Clerk to read the Ordinance by title only.
I FISCAL IMPACT
The City may receive an increase in special event permit fees due to the removal of exemptions for funerals and school related activities.
ITEM 8.2b PAGE1 3/21/2023
I
I DISCUSSION and BACKGROUND
Last amended in 2014, Chapter 10.60 was created by the City to implement a process for the approval of special event permits when community groups seek to have a parade, special event or other public assembly occur within the city limits. Recent review of the Chapter reflects that further revisions are needed to ensure a clear process for applicants to follow.
First, the current ordinance provides an exemption for funerals and schools even though those events have the same impact on city staff as any other special event. Public safety and public works are required to review the proposed event and provide staff as necessary to ensure the event is conducted in a safe and orderly manner. The amendment proposes to remove the exemptions for funerals and schools so that the City is not required to lose costs when these events occur.
Second, the proposed amendment seeks to enhance the indemnification requirements that an applicant must commit to prior to a permit being granted. At present, the ordinance only requires an applicant to agree to a "Hold Harmless Agreement." The new language expands the protection to indemnification and defense requirements ensuring additional levels of protection for the City.
Third, the current ordinance provides the City Manager with broad discretion to waive entire portions of the code if the requirements are ;,unnecessary or inappropriate." However, no guidance is provided as to these terms and how they are defined. This results in members of the community attempting to circumvent the code requirements by going directly to the City Manager but leaving the City Manager no clear clarity on when the authority can be exercised. The amendment seeks to remove this discretion and require all applicants to meet the designated application requirements.
Lastly, in conjunction with the third item above, the amendment adds an appeal process for the applicant if they believe it was improperly denied. Per the amendment, if an applicant wants to appeal the denial of a special use permit, they can appeal to the City Council for review if they file a request with the City Council within 10 days of the denial.
Overall, the intent of the amendment is to ''clean up" the ordinance to ensure the City is capturing all necessary costs and removing any arbitrary decisions regarding these permits, while also providing the applicant with an appeal process.
I ATTACHMENT
1. Strikethrough Ordinance
2. Ordinance
ITEM 8.2b PAGE2 3/21/2023
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANDERSON AMENDING CHAPTER 10.60 OF THE ANDERSON MUNICIPAL CODE PERTAINING TO "REGULATION OF SPECIAL EVENTS"
THE CITY COUNCIL OF THE CITY OF ANDERSON does hereby find, determine, and declare as follows:
WHEREAS, Chapter 10.60 or the Anderson Municipal Code regulates special events occurring within the City of Anderson ("City") which includes obligations to obtain a permit and pay a fee, among other requirements whenever a special event, included a parade or other public assembly occurs; and
WHEREAS, the City Council seeks to clarify the requirements of obtaining a special use permit, including when a permit can be denied, how a denial can be appealed, and also to remove some exemptions from the permit process.
NOW, THEREFORE, the City Council of the City or Anderson does ordain as follows:
SECTION 1. Section 9.38.140 "Park Closures" or Chapter 9.38 "Control and Regulations within Public Parks" of Title 9 "Public Peace, Morals, and Welfare" of the City of Anderson Municipal Code is hereby amended to read as follows:
Chapter 10.60 · REGULATION OF SPECIAL EVENTS
10.60.010 · Definitions.
For the purpose or this chapter, the words and phrases used in this chapter are defined as follows:
"Block party" means a festive gathering on a residential street requiring a closure of a street, or a portion thereof, to vehicular traffic, and use of the street for the festivity, including barbecues, picnics, music or games. "City manager" means the city manager or his or her designee. "Concert" means a public performance of dance, music or celebration. "Festival" means a period or program of festive activities, cultural events, or entertainment.
"Parade" means a march or procession consisting of persons, animals or vehicles, or combination thereof, on any street, sidewalk or other city-owned land and improvements which obstructs, delays, or interferes with the normal flow of pedestrian or vehi<:ular traffic, or does not comply with traffic laws or controls. •Public assembly" means a gathering that is open to all persons. "Public event" means a street fair, arts and craft show, parade, carnival, block party, derby, athletic event, and any other special event which occurs on a city street, sidewalk or other city-owned land and improvements which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls.
"Street closure" means the blockage of any public thoroughfare such as streets, sidewalks and alleys.
10.60.020 - Permits and exemptions.
A. Permit Required. Any person desiring to sponsor a special event, parade or other public assembly shall first obtain a special event permit by applying for such permit to the city manager. These regulations shall apply to any meeting, block party, assembly, parade, concert or other event not regulated by local ordinance which is held on any city street, alley, or other public easement, on public property, or any place other than a permanent building or enclosure constructed for the purpose of conducting such activities. The rlly may impo$s' any i)nd au mle:s and re~ulations on the aoproval of the sue:cal pctnlit as J.is.wsscl.ilu.e.ctioJLlil.6-003-0.buun.axoJW"~.Ltlgp,wni.wmshlmtw.ith~LQw.i.l;IJli ofsecuon 10.60.0s0.
B-l»i~mf)kOAS.'f~10~-this-d1~5hulln0Htf.,,iy-Ht-f.unl"l'ill-rffl(',!!>SHHt!,;-6('hoe,la~rll0rl'l;!!d E'll!.!AlS, ;1dMtirs rlParly 1de1H1Ht!!I as b@iMg eth@rwb@ eeA~titwHeAally pf@l11,,~~,.ol'-l"Jr8~~<*>1uk.€~~1jt.W'('l'fime~geocy-0~fl'ltW*t-ht1+#1i>~Ope.~f ~-~t«HIS,
10.60.030 - Rules and regulations.
A. Change of Date. Upon the request of the applicant, the city manager shall have the power, upon a showing of good cause, to change the date for which the permit has been issued, provided established limitations are complied with in respect to time and location.
B. Rules. The city is hereby authorized and directed to promulgate rules and regulations, subject to approval by the council as a formal policy, governing the form, time and location of special event activity set forth within the city. The city shall also provide for issuance of permits for the conduct of the special event provided it is determined the applicant's program and plans adequately provide for the following:
l. The health and safety of all persons;
2. Avoidance of undue disruption of all persons within the affected area;
3. The inclusive hours and dates such activity will transpire;
4. A general statement of the charter, nature or type of event to be held;
5. The name, address and telephone number of the person or persons in charge of the event;
6. The number of persons, spectators, and participants expected to be involved and/or attend the event;
7. Adequate permanent or temporary sanitary facilities;
8. The location and availability of parking areas to serve the anticipated number of participants;
9. Access of emergency vehicles is maintained;
10. All applicable permits must be obtained from county and state agencies if food or beverages are to be served;
11. Adequate coordinated and identifiable security, with emphasis on control of alcoholic beverages and prevention of illegal drug consumption.
C. Processing of Application. Before issuing a permit for a special event, the city manager shall cause a review to be made by each appropriate department regarding the application and shall have the findings set forth in writing and attached to the permit.
D. Fees. No application fees required. Facility rental fees shall apply. Reimbursement for personnel. Unless otherwise specified by the city council, all costs of services determined by the city to be necessary and provided by the city, including but not necessarily limited to the assignment of police, fire, and public works personnel necessitated by the event shall be borne by the applicant.
10.60.040 - Liability provisions.
A. Liability Insurance. Before a permit is issued, a certificate of insurance and endorsement will be required in an amount ofat least one million dollars, naming the city of Anderson as a co-insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The city, its officers, employees and volunteers shall be named as additionally insured by endorsement of the policy. The policy shall not be subject to cancellation or modification until after thirty days written notice to the city. An original copy of the certificate and endorsements will remain on file with the city.
B. Workers' Compensation Insurance. An applicant shall conform to all applicable federal and state requirements for workers' compensation insurance for all persons operating under a permit.
C. Hold Harmless and lndemnl{icatton Agreement. An applicant shall execute a hold harmless and indemnification agreement as provided by the city prior to the issuance of a permit under this chapter. ~'bt:rein the applicant ai:ree,, to hold harmless. 1ndemnif), aod defend the city from ,my habilhy arising io connection with the..sPWlll.fY'fill.
D. Faithful Performance Bond. To ensure cleanup and restoration of the site. an applicant may be required to post a refundable faithful performance bond or cash deposit (amount to be determined by the city manager) at the time application is submitted. Upon completion of filming and inspection of the site by the city, the bond may be returned to the applicant if the site is clean and has been restored to its previous condition.
10.60.050 ·: Denial or App!lcation and Appea!WaiYer orrequirements.
A. ll'H!-tfty Dl~l'-~l'!Ud ~~ ... ,m.y-r~:ei-n-l-of4i~~ 11AR@ei>sm~I')' er 11~;,ippfofuialt\ and may also i1u1~ase ad41t10MI req11h .. el'oe111s dee-I-to be,41t!4"~t'"fc11'"¥ eut t.M~-Pfl~l~#-ar; ~~h-it!Jh!P, The aw~~~Gf.t:he..act-ion eft~e city--m~~t j5 denled e~• the city maAager. the appli€atlt-shall b@ i¾d111sed of h~~ or he.- ri1>"1t to apf_l@al ~~wfH&-tl\e city council.
AB. ~ids fer denial ufapplie,nian klr a t,f)ecial wet'l"f~t,fAn application for a special event permit may be denied if:I
1. Information contained in the application or supplemental information requested from the applicant is found to be false in any material detail;
2. The applicant fails to complete the application form after having been requested to do so;
3. Another special event permit application has been received prior in time, or has already been approved to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or city resources are unable to meet the needs for both events; 4 . The time, route or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route;
5. The concentration of persons, animals and vehicles at the site of the event. or the assembly and dis banding areas around an event, will prevent proper police, fire or ambulance services to area contiguous to the event.
B. An app;licant ma.v ,mneaLl denialo.t ~pecial.J::veur nermjt by su,hmiUiuuwritten ceQJ.\l:.S.t· £or flDPU1 to the city clerk within 1en (10) days oflhe denlal. Thatappeal will becons1d@red b~~2.11ntilat a n.:~ml~dx sslll:mil~ meetin1: -n1llin.tb.WY (10) ilays of the :rnlHnittaJ of the request [or aope"1l,
10.60.060 • Violation.
Ir an applicant violates any provision of this chapter or a permit issued pursuant thereto, the city may cancel the permit. Violation of the terms and conditions of the special event permit is considered an infraction.
SECTION 2. CEQA. This ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to the General Rule {14 C.C.R. Section 15061(b)(3)) because it can be seen with certainty that the project will have no possibility for causing a significant effect on the environment.
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or word of this ordinance is found to be unconstitutional or otherwise invalid by any court of compete nt jurisdiction, such decision shall not affect the remaining provisions of this Ordinance.
SECTION 4. ENACTMENT. The City Clerk shall certify the adoption of this ordinance and shall cause it to be posted and/ or published in accordance with the law.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Anderson held on February 21. 2023 and enacted at a regular meeting of the City Council of the City of Anderson held on March 7, 2023 by the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mike Gallagher, Mayor
ATTEST:
Christy White, City Clerk
f Formatted: Justified
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANDERSON AMENDING CHAPTER 10.60 OF THE ANDERSON MUNICIPAL CODE PERTAINING TO "REGULATION OF SPECIAL EVENTS"
THE CITY COUNCIL OF THE CITY OF ANDERSON does hereby find, determine, and declare as follows:
WHEREAS, Chapter 10.60 of the Anderson Municipal Code regulates special events occurring within the City of Anderson ("City") which includes obligations to obtain a permit and pay a fee, among other requirements whenever a special event, included a parade or other public assembly occurs; and
WHEREAS, the City Council seeks to clarify the requirements of obtaining a special use permit, including when a permit can be denied, how a denial can be appealed, and also to remove some exemptions from the permit process.
NOW, THEREFORE, the City Council of the City of Anderson does ordain as follows:
SECTION 1. Section 10.60.020 "Permits and exemptions" of Chapter 10.60 "Regulation of Special Events" of Title 10 "Vehicles and Traffic" of the City of Anderson Municipal Code is hereby amended to read as follows:
10.60.020 - Permits and exemptions.
A. Permit Required. Any person desiring to sponsor a special event, parade or other public assembly shall first obtain a special event permit by applying for such permit to the city manager. These regulations shall apply to any meeting, block party, assembly, parade, concert or other event not regulated by local ordinance which is held on any city street, alley, or other public easement, on public property, or any place other than a permanent building or enclosure constructed for the purpose of conducting such activities. The city may impose any and all rules and regulations on the approval of the special permit as discussed in section 10.60.030 but may only deny the permit consistent with the provisions of section 10.60.050.
SECTION 2. Section 10.60.040 "Liability provisions" of Chapter 10.60 "Regulation of Special Events" of Title 10 "Vehicles and Traffic" of the City of Anderson Municipal Code is hereby amended to read as follows:
10.60.040 - Liability provisions.
A. Liability Insurance. Before a permit is issued, a certificate of insurance and endorsement will be required in an amount of at least one million dollars, naming the city of Anderson as a co-insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The city, its officers, employees and volunteers shall be named as additionally insured by endorsement of the policy. The policy shall not be subject to cancellation or modification until after thirty days written notice to the city. An original copy of the certificate and endorsements will remain on file with the city.
8. Workers' Compensation Insurance. An applicant shall conform to all applicable federal and state requirements for workers' compensation insurance for all persons operating under a permit.
C. Hold Harmless and Indemnification Agreement. An applicant shall execute a hold harmless and indemnification agreement as provided by the city prior to the issuance of a permit under this chapter, wherein the applicant agrees to hold harmless, indemnify and defend the city from any liability arising in connection with the special event.
D. Faithful Performance Bond. To ensure cleanup and restoration of the site, an applicant may be required to post a refundable faithful performance bond or cash deposit (amount to be determined by the city manager) at the time application is submitted. Upon completion of filming and inspection of the site by the city, the bond may be returned to the applicant if the site is clean and has been restored to its previous condition.
SECTION 3. Section 10.60.050 "Denial of application and appeal" of Chapter 10.60 "Regulation of Special Events" of Title 10 "Vehicles and Traffic" of the City of Anderson Municipal Code is hereby amended to read as follows:
10.60.050 - Denial of Application and Appeal
A. An application for a special event permit may be denied if:
1. Information contained in the application or supplemental information requested from the applicant is found to be false in any material detail;
2. The applicant fails to complete the application form after having been requested to do so;
3. Another special event permit application has been received prior in time, or has already been approved to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or city resources are unable to meet the needs for both events;
4. The time, route or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route;
5. The concentration of persons, animals and vehicles at the site of the event, or the assembly and disbanding areas around an event, will prevent proper police, fire or ambulance services to area contiguous to the event.
B. An applicant may appeal a denial of special event permit by submitting a written request for appeal to the city clerk within ten (10) days of the denial. That appeal will be considered by the city council at a regularly scheduled meeting within thirty (30) days of the submittal of the request for appeal.
SECTION 4. CEQA. This ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to the General Rule (14 C.C.R. Section 15061(b)(3)) because it can be seen with certainty that the project will have no possibility for causing a significant effect on the environment.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase or word of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this Ordinance.
SECTION 6. ENACTMENT. The City Clerk shall certify the adoption of this ordinance and shall cause it to be posted and/or published in accordance with the law.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Anderson held on February 21, 2023 and enacted at a regular meeting of the City Council of the City of Anderson held on March 7, 2023 by the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mike Gallagher, Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
I March 21, 2023 City Council Meetin~
To:
Through:
From:
Date:
!SUBJECT
Honorable Mayor and City Council Members
Jeff Kiser, City Manager
Collin Bogener, City Attorney
March 21, 2023
Introduce an Ordinance (First Reading), amending Section 9.38.140 "Park Closures" of the City of Anderson Municipal Code to amend park hours .
I RECOMMENDATION
The Deputy Public Works Director recommends that the City Council:
1. Introduce Ordinance No._ (First Reading), Amending Section 9.38.140 "Park Closures" of the City of Anderson Municipal Code to amend park hours and set for enactment on April 4, 2023 (Second Reading).
2. Determine the ordinance is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that the project will have no possibility for causing a significant effect on the environment.
3. Direct the City Clerk to read the Ordinance by title only.
I FISCAL IMPACT
There is no fiscal impact.
ITEM 8.2c PAGE1 3/21/2023
I DISCUSSION and BACKGROUND
In 1977, the Anderson City Council established, by ordinance, the "Control and Regulations within Public Works," which included the park to be closed from midnight to one-half hour before sunrise. This ordinance established Anderson Municipal Code Section 9.38.140.
In 1979, City Council adopted an ordinance amending Section 9.38.140 of the Anderson Municipal Code. The adopted ordinance of the Anderson Municipal Code was amended to read as follows:
All public parks shall be closed to the public nightly at eleven o'clock and opened daily to the public at one•half hour before sunrise. The Rupert Road entrance to Anderson River Park shall be closed during such periods as are determined to be necessary by the City Manager.
The proposed amendment of the Anderson Municipal Code Section 9.38.140 "Park Closures" of Chapter 9.38 "Control and Regulations within Public Parks" of Title 9 "Public Peace, Morals, and Welfare" would read as follows:
All public parks shall be closed to the public nightly at 10:00 p.m. and opened daily to the public at 7:00 a.m .. The Rupert Road entrance and the Dodson Road entrance to Anderson River Park, and the entrances to Volante Park, shall be closed nightly from 10: 00 p.m. to 7:00 a.m. These park entrances may be open outside of these time frames if approved through a Special Event Permit as set forth in Chapter 10.60 of this Code.
The proposed amendment to Section 9.38.140 would eliminate discretionary verbiage of the park hours. This amendment will also allow individuals or groups to request the park to be opened outside the set hours by seeking approval through a Special Event Permit. jATTACHMENT
1. Strikethrough Ordinance
2. Ordinance
ITEM 8.2c PAGE2 3/21/2023
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANDERSON AMENDING SECTION 9.38.140 "PARK CLOSURES" OF THE CITY OF ANDERSON MUNICIPAL CODE TO AMMEND !PARK HOY RS I.NI) )>ARK CLOSURES.
THE CITY COUNCIL OF THE CITY OF ANDERSON does hereby find, determine, and decla re as follows:
WHEREAS, Section 9.38.140 of the Anderson Municipal Code established all public parks shall be closed to the public nightly at eleven o'clock and opened daily to the public at one• half hour before sunrise. The Rupert Road entrance to Anderson River Park shall be closed during, ~e.hours unless...allowed pursuant lll....tl.u: »proval o( a Sue£ial Event Permit, dis.cussed,ia ,Chapter 10,60 of the; Anderson Municipal Codes11eh flerl8ds as a.-e deH!FA~ined ~"'°'~;and
NOW, THEREFORE, the City Council of the City of Anderson does ordain as follows:
SECilQli _Section 9.38.140 "Park Closures" of Chapter 9.38 "Control and Regulations within Public Parks" of Title 9 "Public Peace, Morals, and Welfare" of the City of Anderson Municipal Code is hereby amended to read as follows:
~hapter 9.~8 Control and Regulations within Public Parl,~
9.38.140 - Park Closures and Parh Hours
All public parks shall be closed to the public nightly at lilJl(l ,llJll.l-ef-l-o'.eloc-k--fM».-and opened daily to the public at 7:00 a.m..se•Jl'II ~l'1:h,1d! a.m. The Rupert Road entrance and the Dodson Road entrance to Anderson River Park. aad tb.e .f.rl!ra1).(e'.i to \!olaut~Pad. shall be closed llldUh' la!Jn lil.:.D:O c.m..ht.. 7 ;OD,,1.1n.duff~*h ,~e~·i u!I-~ as a P't ~if\~ t-&-1,x! 11eee&s.ary by the CHy ~~a,:,11!1,er. TAe eAtrarm's \8 Yel~~Pafk.s.hall be ch,sed duri~l!J s11d1 ~+edw-.- - -M.Jll,Jf:€'1\ Ibes;e park emcaoce;s may
be.mien out5ide..o{ these time (r.Jme~JC a11prou:d thrauib a Special Event 1>ern1it as,,set forth in Ch<1pter 10 60 of this Cod,;>.
s.E..C[LO 2 CEOA, Ibis o.J;Sl ~c~ is eJ1$J.1.JJU tw.n.1..1:h.e .C.t1!ifor.Di~rowae11,t;1 L Q.u ali.t¥ An· fCEQA) pursuant to the Genera! Rule (It c.c R. Semon l5Q6l(b)(3)) bec:ausr It can Ix: seen with cenainty that the project will ooe 11.Q p-0ssjbHjty for_causint: a s11:oi0cant effect on.the environ num t,
;;~o 3J~~~BA~J-!--J.P' .... I..L~W' ~1:UIQU,~.D--,mllW~ c~ P~OJ:.~9.U!.v.t:
this ordi oa nee is foundJo.b.f unconst ltutional or otb a tWis e In 11a lid by an;: court of com pt:teut jurisdi1.1ion such decision shall not affect the [!'mainiug,-(l[ll.i'.isfons_j)fJbi:; Ordinance.
Commented [PW1J: Worth it to rename this section?
j Commented IPW2): Do we need this? )
Formatted: Font: Cambria, 12 pt
Formatted: Justified
( Formatted: Font: Cambria, 12 pt ]
SECTION 4 ENACTMENT. The City Clerk shall sertif)• t9illlib'. the adoption of this ordinance and shall cause it to be posted and/or published in accordance with the law.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Anderson held on MOf>JTli XXFebruary 21 2023~and enacted at a regular meeting of the City Council of the City of Anderson held on ~ TH XX~l(XXMa~h 7. 2QlJ by the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mike Gallagher, Mayor
ATTEST:
Christy White, City Clerk
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANDERSON AMENDING SECTION 9.38.140 "PARK CLOSURES" OF THE CITY OF ANDERSON MUNICIPAL CODE TO AMEND PARK CLOSURES.
THE CITY COUNCIL OF THE CITY OF ANDERSON does hereby find, determine, and declare as follows:
WHEREAS, Section 9.38.140 of the Anderson Municipal Code established all public parks shall be closed to the public nightly at eleven o'clock and opened daily to the public at onehalf hour before sunrise. The Rupert Road entrance to Anderson River Park shall be closed during these hours unless allowed pursuant to the approval of a Special Event Permit, discussed in Chapter 10.60 of the Anderson Municipal Code; and NOW, THEREFORE, the City Council of the City of Anderson does ordain as follows:
SECTION 1. Section 9.38.140 "Park Closures" of Chapter 9.38 "Control and Regulations within Public Parks" of Title 9 "Public Peace, Morals, and Welfare" of the City of Anderson Municipal Code is hereby amended to read as follows:
9.38.140 - Park Closures
All public parks shall be closed to the public nightly at 10:00 p.m. and opened daily to the public at 7:00 a.m .. The Rupert Road entrance and the Dodson Road entrance to Anderson River Park, and the entrances to Volante Park, shall be closed nightly from 10: 00 p.m. to 7 :00 a.m.These park entrances may be open outside of these time frames if approved through a Special Event Permit as set forth in Chapter 10.60 of this Code.
SECTION 2. CEQA. This ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to the General Rule (14 C.C.R. Section 15061(b)(3)) because it can be seen with certainty that the project will have no possibility for causing a significant effect on the environment.
SECTION 3. SEVERABILlTY. If any section, subsection, sentence, clause, phrase or word of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this Ordinance.
SECTION 4. ENACTMENT. The City Clerk shall certify the adoption of this ordinance and shall cause it to be posted and/or published in accordance with the law.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Anderson held on March 21, 2023 and enacted at a regular meeting of the City Council of the City of Anderson held on April 4, 2023 by the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mike Gallagher, Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
March 21, 2023, City Council Meeting
To Be Presented By:
Peter Wickenheiser, Deputy Public Works
To:
Through:
Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
From: Peter Wickenheiser, Deputy Public Works Director
Date: March 21, 2023
!SUBJECT
Approval of the Final Map and Subdivision Improvement Agreement for Pleasant Hills Subdivision Phase 5
I RECOMMENDATION
The Deputy Public Works Director recommends that the City Council take the following actions:
1. Authorize the City Manager to enter into a subdivision agreement with BRIAN A. WALKER AND JENNIFER L. WALKER, TRUSTEES OF THE BRIAN A. AND JENNIFER L. WALKER REVOCABLE TRUST, AS TO AN UNDIVIDED 70% AND JON C. WARREN AND SHANDA M. WARREN, TRUSTEES OF THE WARREN 2006 TRUST DATED JULY 19, 2006, AS TO THE REMAINING 30%, for improvements for Unit 5 of Pleasant Hills Subdivision; and
2. Approve the Final Map for Pleasant Hills Subdivision Unit 5 and direct the City Clerk to file the Final Map with Shasta County.
ITEM 8.9 PAGE1 03/21/2023
!FISCAL IMPACT
There will be cumulative fiscal impacts to all City departments due to the increase in public infrastructure, increased use of existing City infrastructure and increased need for staff services.
The project, upon residential development, will generate:
• Increased property tax revenues due to land value increases. • Increased sales tax revenues due to taxable purchases at local businesses and for on-line purchases.
• Permit fees that cover a portion of the City's costs to provide permitting services. • Development impact fees that cover a portion of the City's costs to provide expanded infrastructure.
• Increased state gas-tax funds due to increase vehicular travel that will cover a portion of the City's costs to maintain roadway systems. • Water and sewer service charges that cover the costs of the services. • Street lighting and traffic signal tax revenues that cover the majority of the electrical energy costs for street lighting and traffic signal electrical energy costs.
I DISCUSSION and BACKGROUND
On April 4, 2000 the Planning Commission approved the Pleasant Hills Subdivision Tentative Map 99-01 and on February 14, 2005 the Planning Commission approved changing the project from one to five phases to provide an orderly extension of public infrastructure. During the time period from 2006 to 2021, Phase 1 and Phase 5 were recorded and built out. In 2021 Phase 2 and Phase 3 were recorded and built out.
The City Council approved a development agreement for the same subdivision by Ordinance No. 698 on April 18, 2000. The development agreement was amended on the following dates:
• First Amendment on October 20, 2009
• Second Amendment on March 26, 2010
• Third Amendment on June 16, 2020
• Fourth Amendment on March 16, 2021
The developer, Brian Walker et al, has submitted a Final Map for what has been branded "Unit S" by the developer, and all other required data, which has been checked and approved by various City departments and the City's consultant Land Surveyor. Unit 5 is labelled as Phase 4 of the approved phasing plan.
The developer has agreed to the execution of a subdivision improvement agreement for the completion of the public improvements as allowed by Chapter 16 of the Anderson Municipal Code. The subdivision improvement agreement requires the developer to submit security that will be held by the City until the completion of the subdivision improvements and associated warranty period. The subdivision improvement agreement ITEM 8.9 PAGE2 03/21/2023
was not able to signed prior to the agenda publication but will be signed prior to the March 21, 2023 City Council Meeting.
I ATTACHMENT
1. Proposed Subdivision Improvement Agreement, that includes the following Exhibits:
a. Proposed Final Map
b. Approved Improvement Plans dated 12/1/2022
c. Placeholder to append the Evidence of Security upon receipt ITEM 8.9 PAGE3 03/21/2023
SUBDIVISION IMPROVEMENT AGREEMENT
FOR COMPLETION OF PUBLIC IMPROVEMENTS
PLEASANT HILLS SUBDIVISION TSM 99-01, UNIT 5
I. PARTIES AND DATE.
This Subdivision Improvement Agreement for the Completion of Public Improvements ("Agreement") is entered into as of this __ day of ____ , 2023, by and between the CITY OF ANDERSON, a California municipal corporation ("City") and the BRIAN A. WALKER AND JENNIFER L. WALKER, TRUSTEES OF THE BRIAN A. AND JENNIFER L.
WALKER REVOCABLE TRUST, AND JON C. WARREN AND SHANDA M. WARREN, TRUSTEES OF THE WARREN 2006 TRUST DA TED JULY 19, 2006, as to the remaining 30% with their principal office located at 18631 Lloyd Lane (96007), Anderson, California ('"Developer"). City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." II. RECITALS.
A. Developer's tentative subdivision map for real property located within City, a map of the property is attached hereto as Exhibit "A" ('"Property"), was conditionally approved by the Anderson Planning Commission at their February 14, 2000 meeting and a development agreement approved by the Anderson City Council as Ordinance No.698 on April 18, 2000. The tentative subdivision map is identified in City records as the Pleasant Hills Subdivision, TSM 99- 01 ("Map").
B. Developer is the owner of Property, and Developer proposes to do and perform certain work of improvement thereon as set forth in this Agreement.
C. Developer would like to record a final subdivision map for Unit 5 which relates, in part, to the subdivision proposed by Developer's Map for the Property.
D. Developer has not completed all of the work or made all of the public improvements required by Chapter 16 of the Anderson Municipal Code, the Subdivision Map Act (California Government Code Section 66410, et seq.) ("Map Act"), the conditions of approval for the Map, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.
E. Pursuant to Chapter 16 of the Anderson Municipal Code and the applicable prov1s10ns of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for the Map.
F. Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the final subdivision map for Unit 5 of the Pleasant Hills development.
2 Ill. TERMS.
1.0 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes this Agreement; and (c) the City Council of the City of Anderson ("City Council") approves this Agreement. If any of the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final subdivision for Unit 5 of Pleasant Hills Subdivision until all improvements have been completed.
1.1 Definitions. For purposes of enforcing this Agreement, the term "City" shall include, but shall not be limited to, City Council, Public Works Director, City Engineer, Community Development Director, Building Official, or any of their authorized representatives.
City shall have the sole and absolute discretion to determine which public body, public official, or public employee may act on behalf of City for any particular purpose.
2.0 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of the Map, including, but not limited to, all grading, roads, paving, curbs and gutters, storm drains, sanitary sewers, water mains, utilities, drainage facilities, street lights, gates, barricades, emergency access facilities and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for the Map ( .. Public Improvements"). The Public Improvements are more specifically described in Exhibit "B", approved by the City Engineer on February 21, 2023, which is attached hereto and incorporated herein by this reference. Developer agrees to provide all equipment, tools, materials, labor, tests, design work, engineering services, off-site easements and utility service agreements necessary or required by City to fully and adequately complete the Public Improvements.
2.1 Prior Partial Construction of Public Improvements. Subject to Section 2.3, herein, where construction of any Public Improvements has been partially completed prior to the execution of this Agreement, Developer agrees to complete such Public Improvements or ensure their completion in accordance with this Agreement.
2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.
2.3 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans, specifications, estimates, and security for such Public Improvement have been submitted to and approved by the City Engineer, the City Attorney, or their authorized designee. Approval by the City Engineer shall 3 not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.
2.4 Quality of Work: Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications, and approvals shall be maintained throughout the term of this Agreement.
2.6 Alterations to Improvements. The Public Improvements in Exhibit "B" are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City.
Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer's surety for this Agreement.
3.0 Maintenance of Public Improvements Prior to Acceptance by City. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City's acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City.
4.0 Construction Schedule. Unless extended pursuant to this Section of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements by December 31, 2023. At least fifteen (15) days prior to the commencement of such work, Developer shall notify the City Engineer in writing of the date fixed by Developer for commencement of the work.
4 4.1 Extensions. Time is of the essence with regard to this Agreement. The City Council may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. Requests for extension of time shall be in writing and shall be delivered to City in the manner hereinafter specified for service of notices.
An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on City.
It is understood that by providing the security required by this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waive any and all right to notice of such extension(s). Developer's acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defenses of )aches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder.
In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates approved by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City's reasonable discretion.
4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer's intent to abandon or otherwise not complete required or agreed upon Public Improvements.
4.3 City Inspection of Public Improvements. Developer shall~ at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.
5.0 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of the Property shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements including, without limitation, City's stormwater and grading regulations, the National Pollutant Discharge Elimination Systems (NPDES), and stormwater regulations thereunder as administered by the State Water Resources Control Board and Regional Water Quality Control Boards. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City's approval and acceptance of the Public Improvements and release of the Security as set forth in this Agreement.
Developer further agrees that the indemnification as set forth in this Agreement shall extend to and include any and all grading contemplated by this Agreement, including but not limited to, any partial or rough grading work.
5 6.0 Utilities. Developer shall assume all costs for and shall provide utility services, including water, power, gas, sewer, and telephone service to serve each parcel, lot, or unit of land within the Property in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules, and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City's jurisdictional limits. All utilities shall be installed underground, unless otherwise approved by the City Council or the Planning Commission of the City of Anderson, or by any other state or federal laws or regulations.
7.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to fees for the checking, filing, and processing of improvement plans and specifications and for inspecting the construction of the Public Improvements, as well as the associated engineering and legal fees. These fees must be paid in full prior to approval of the final map and improvement plans. The fees referred to above are not necessarily the only City fees, charges, or other costs that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges, and/or costs.
8.0 Default: Notice; Remedies.
8.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Notice"). Developer shall substantially commence the work required to remedy the default or violation within ten ( l 0) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City's issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs and expenses as set forth in this Agreement.
8.2 Failure to Remedy: City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City's right to take such actions shall in no way be limited by the fact that Developer or its surety may have 6 constructed any, or none, of the required or agreed upon Public Improvements at the time of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage, as defined pursuant to Government Code section 66499.11 et seq., can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.
8.3 Other Remedies. No action by City pursuant to this Section of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
9.0 Acceptance of Improvements~ As-Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial acceptance of the Public Improvements by City, the City Clerk shall file with the Recorder's Office of the County of Shasta, a notice of completion for the accepted Public Improvements in accordance with California Civil Code Section 9204, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.
The notice of completion may be recorded by the City within fifteen (I 5) days of the date of completion of the Public Improvements.
Title to and ownership of the Public Improvements constructed under this Agreement shall vest absolutely in City upon completion and acceptance in writing of such Public Improvements by City.
Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City's acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one ( 1) set of "as-built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
10.0 Security: Surety Bonds. Prior to execution of this Agreement, Developer shall provide City with improvement securities in the amounts and under the terms set forth below ("Security"). The amount of the Security shall be based on the City Engineer's approximation of the actual cost to construct the Public Improvements. Developer's compliance with this provision 7 (Section 10.0 et seq.) shall in no way limit or modify Developer's indemnification obligation provided in this Agreement.
10.1 Performance Improvement Security. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default of this Agreement, and to secure Developer's guarantee and warranty of the Public Improvements, Developer shall provide City a faithful performance improvement securities in the total amount of One Hundred Six Thousand, Nine Hundred and Twenty Four Dollars. ($106,924.00), which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval, or release the security as otherwise set forth in Government Code section 66499.7.
10.2 Labor & Material Improvement Security. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials improvement security in the total amount of One Hundred Six Thousand, Nine Hundred and Twenty Four Dollars. ($106,924.00), which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements, or release the security as otherwise set forth in Government Code section 66499. 7. The amount of such security shall be reduced by the total of all stop notice or mechanic's lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City's anticipated administrative and legal expenses arising out of such claims
10.3 Guarantee and Warranty. Developer hereby guarantees and warranties all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all erosion control within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City ("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one ( 1) year period following City's acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer's warranty obligation under this Section shall survive the expiration or termination of this Agreement.
8 10.4 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best's rating of no less than A:VII, shall be authorized to do business in the State of California or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys' fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.
10.5 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit .. C", unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit "C" and incorporated herein by this reference.
11.0 Lien. To secure the timely performance of Developer's obligations under this Agreement, including those obligations for which security has been provided pursuant to this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer's default on those obligations for which security has been provided pursuant to this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this Section.
12.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by Agency, its elected officials, officers, employees, agents, or volunteers.
13.0 Insurance.
9 13.1 Types: Amounts. Developer shall procure and maintain, and shall require its contractors and subcontractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below ( .. Required Insurance") and without limiting the indemnity provisions of this Agreement.
If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than three times the specified occurrence limit. For purposes of this Section 13.0, et seq., the .. indemnified parties" shall mean City, its elected officials, officers, employees, agents, and volunteers, as described in this Agreement. The Required Insurance shall contain standard separation of insureds provisions and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.
13 .1.1 Commercial General Liability. Developer, its contractors and subcontractors shall procure and maintain Commercial General Liability Insurance with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for: ( 1) products and completed operations; (2) contractual liability; (3) third party action over claims; (4) cross liability exclusion for claims or suits by one insured against another; or (5) explosion, collapse or underground hazard (XCU).
13 .1.2 Automobile Liability. Developer, its contractors and subcontractors shall procure and maintain automobile liability insurance with minimum limits of $1,000,000 each accident. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
13. l .3 Workers' Compensation. Developer, its contractors and subcontractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and Employers' Liability Insurance of not less than $1,000,000 per accident for bodily injury and disease.
13. l.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, professional liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period of three (3) years following completion of the Public Improvements and shall specifically include all work to be performed under the Agreement. If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination of this Agreement.
13.1.5 Contractors Pollution Liability. Developer shall procure and maintain, Contractors Pollution Liability Insurance covering all of Developer's operations to include onsite and offsite coverage for bodily injury (including death and mental injury), property damage, defense costs and cleanup costs with minimum limits of $1,000,000 per loss and $2,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. Non-owned disposal site coverage shall be provided if handling, storing or generating hazardous materials or any materiaVsubstance otherwise regulated under environmental laws/regulations.
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
13.2 Deductibles. Any deductibles or self-insured retentions must be approved by City in writing and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
13.3 Certificates: Verification. Developer, its contractors and subcontractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City prior to the execution of this Agreement and before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies at any time.
13.4 Insurer Rating. Unless approved in writing by City, the insurers for all Required Insurance shall have a current A.M. Best rating of at least A:VII, shall be authorized to do business in the State of California or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law, and shall be satisfactory to City.
13.5 Endorsements.
13.5. l The Commercial General Liability, Automobile Liability, and Contractors Pollution Liability policies, if the latter is required by City, shall be endorsed as follows:
Additional Insured: The indemnified parties shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of this Agreement. The "Additional Insured Endorsement" shall contain no other modifications to the policy.
Primary Insurance: This insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary msurance.
11 Severability: In the event one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy shall cover the insured against whom the claim is made or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby.
Cancellation: The policy shall not be canceled, or the coverage suspended, voided, reduced, or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon City, except ten ( 10) days prior written notice shall be allowed for nonpayment of premium.
Duties: Any failure by the named insured to comply with report provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the indemnified parties. 12 Applicability: That the coverage provided therein shall apply to the obligations assumed by Developer, its contractors or subcontractors under the indemnity provisions of this Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.
13.5.2 The Workers' Compensation policy or policies required by this Agreement shall be endorsed as follows:
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
Cancellation: The policy shall not be canceled, or the coverage suspended, voided, reduced, or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon City, except ten ( 10) days prior written notice shall be allowed for nonpayment of premium.
13.5.3 The Professional Liability policy or policies required by this Agreement shall be endorsed as follows:
Cancellation: The policy shall not be canceled, or the coverage suspended, voided, reduced, or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon City, except ten (10) days prior written notice shall be allowed for nonpayment of premium.
14.0 Signs, Advertising, and Sales Office. Developer understands and agrees to City's ordinances, regulations, and requirements governing signs and advertising structures, and sales offices. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer. Developer shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.
15.0 Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, any map related to the Property, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer, its contractors or subcontractors an agent, contractor or subcontractorofCity.16.0 General Provisions.
16.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.
16.2 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
16.3 Construction: References: Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any tenn referencing time, days, or period for perfonnance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
16.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
CITY:
City of Anderson
1887 Howard Street
Anderson, CA 96007
Attn: City Manager
DEVELOPER:
Brian Walker
18631 Lloyd Lane
Anderson, CA 96007
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of seventy-two (72) hours after deposit in the U.S. Mail.
16.5 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
16.6 Waiver. City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any · breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional. Further, this Agreement shall not act as a waiver to any entitlements previously agreed upon by City and Developer through a Development Agreement, Vested Map, or other contract.
16. 7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. In the event that City consents in writing to such an assignment, any assignee, hypothecatee, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such security, as is reasonably acceptable to City.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the Public Improvements. The agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required Public Improvements to be constructed and their time frame for construction.
Following any permitted assignment, hypothecation, or transfer of the Public Improvements as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the Public Improvements so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the Public Improvements not assigned, hypothecated, or transferred.
17.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This Section shall not be construed as an authorization for any Party to assign any right or obligation.
17.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 17 .10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
17 .11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Shasta, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
17.12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys' fees ("Costs"). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs.
This Section shall survive the termination or expiration of this Agreement.
17.13 Acquisition and Dedication of Easements or Rights-of-Way. If any of the Public Improvements required by this Agreement are to be constructed on land not within the subdivision or an already-existing public right-of-way, no construction or installation shall be commenced before:
17 .13 .1 The irrevocable offer of dedication or conveyance to City of appropriate rights-of-way, easements, or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Public Improvements or work; or
17 .13 .2 The issuance of an order of possession by a court of competent jurisdiction pursuant to California's Eminent Domain Law. Developer shall comply in all respects with any such order of possession.
Nothing in this paragraph 17.13 shall be construed as authorizing or granting an extension of time to Developer for completion of the Public Improvements. 17 .14 Nondiscrimination. Developer, its agents, employees, contractors, and subcontractors shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity or national origin in connection with or related to the performance of this Agreement. Developer shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the improvements hereunder. 1 7 .15 Countei:parts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
CITY OF ANDERSON
By:
Jeff Kiser, City Manager
APPROVED AS TO FORM:
By:
Collin Bogener, City Attorney
Moore & Bogener, Inc.
By:
By:
By:
By:
DEVELOPER
Brian Walker, Trustee of the Brian
A. Walker and Jennifer L. Walker
Revocable Trust
Jennifer Walker, Trustee of the Brian
A. Walker and Jennifer L. Walker
Revocable Trust
Jon Warren, Trustee of the Warren
2006 Trust Dated July 19, 2006
Shanda Warren, Trustee of the
Warren 2006 Trust Dated July 19,
2006
ACKNOWLEDGMENT
ST A TE OF CALIFORNIA
COUNTY OF -----------
)
)
On _______ , 20_ before me, ____________ _, Notary Public, personally appeared _________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ________________ _
ST A TE OF CALIFORNIA
COUNTY OF ________ _
)
)
(seal)
On ______ , 20_ before me, _____________ , Notary Public, personally appeared _________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ________________ _ (seal)
EXHIBIT "A"
(Insert signature-ready final map as Exhibit "A")
O'MIIERS· STi\TE.MENT
WE HEREeY STA~ THAT WE ARC TME OM4ERS C,, OR HAY( $OM£ RICHT, TITLE OR INTEREST IN ""40 TO 11-tE REAL PROPERTY INCLUO{O 'MTHtN ntE SUBDl\1SIOH SttOMi UPON THI$ tr.4AP. ANO WE AR{ THE ONLY PERSONS v.t!OSE CONSENT IS NECESSARY TO PASS Cl.EAA Tin.E TO SAID PROPERTY. AND WE HEREBY CONSENT TO Tlt( MMCINC AND nuNC or SAID tr.4AP ANO SUBDIVISION AS $HOM\! WlntN Tl-IE [)(STINCTI'-£ 80RO(R UHE. VI(" HERE8Y OEOICA TE f'OR PUBUC USE TltE STREETS ANO THE P\IBUC $CR\1C£ EASEMENTS AS SHO'f!N ON THIS MAP. 8RIAN A, WAU<(R ANO J[NNlf'(R L. WAIJ((R, TRUSTEES OF THE BRIAN A. WAl.KlR A.NO ..(:NNll='(R L. WAU<ER RCVOCABI.E TRUST Of 2017
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OATC, ____ OYINER'S 51CNATURE _________ _
JON C. WARRE.t(
DATE. OYINER'S SICNATUAC ---------
SHANDA M. WAR REH
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WITNESS MY HAND
NAME(PRINT>
COMMISSK>N NUMBER ____________ _
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LESllE MORGAN, SHA$tA COUNTY RECORDER
DATE
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O(PUT'Y
ST ~E.ME~HT 0, CITY TREASURER
I. Lil COTTREI.L CIN TREASURER OF THE CITY
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CITY TIUASUAER CITY OF ANOERSON
SHASTA COUNTV CALIFORNIA
STATEltE.MT OF CLIE.RK OF CITY COUNCIL
DATE
I. JEFF IUS(R. Cl.ERK OF THE cm OF ANDERSON. STATE OF C.-.UFORNA HEREBY Ct:RTIFY TliAT THE CITY Of' ANDERSON CITY COUNCIL APPROVED THE WITttNMN'ONTHE _ _ OAYOf' ====. 2023 ANO
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THIS MAP WAS PREPARED BY ME OR UHDE.R MV OIRECTtoN
ANO IS BASEO UPON A FIELO SURVEY IN CONF'ORIAANCE WITH
lHE flEQIJIIREMENTS QI! THE SU80MS.0N MAP ACT ANO I..OC:AL ORDINANCE AT THE REQUEST Of 8. WAC.KER IN JANUARY 2021
I HERE8Y STATE THAT THIS FINAL M>P SUl\STNfTWJ.Y
CONFOR:t.-lS TO THE CONDITIONAl.lY APPROVED TENTATM MAP THAT THE SURVEY IS TRUE ANO COMPI.ETE A5 SHOWN. THAT
THE MONUMENT$ AAE OF THE CHAJtACTER A.NO OCCUPY
THE POSITIONS SNDICATEO A.NJ ARE SUFFICIENT TO ENA.IILE THE TNE SUR'VE'.Y T,0.9£RETRACE0
DATE ECJWAROW, WHITSON. RCE 2-4121
PL.ANNING CtRECTOR'S STATtMENT
I. HERE.BY C!iRnFY THAT I HA\IE EJU\MNED THIS MAP THAT THE $U80MSfON AS SHOWN HEREON IS SUHTANTIALlY THE ~E
AS IT .APPENIIED ON THE Tf.NTATIVE: MAP AN0ANY #Pt:l:OVEO ALTERATIONlil tl1ER£0F AS APPROVEO av THE CITY OF ANDERSON PL.ANNINO COMMSSION ON M.l>.RGH 21. 1999.
l lZ COTTREU
PL.ANNINO CIRE CTOR. CITY OF
ANOl;R10N
OAT[,
O,.TE
TITI.E
AT,CT SUCC(SS(lj! TO PT&T (AstYENT PER 44- 011- 231
ST_~fE.ME.Nl_OF' COUNTV TAil COLLECTOR
I. LORIJ. $COTT TMCOU.ECTOROF SHASTA
COUNTY HEREBY CERTIFY THAT THERE ARE NO UENS
FOR UNPAID STATE. COUNlY OR LOCAL. TAXES OR
SPECeA.L"5SE$$1iEN'T$ AGAINST THE l.ANO INCI.UOEO
IN THE WITHIN SUBDMSION OR AGAINST NfY PAAT
THEREOF EXCEPT TAX.ES FOR SPECW. ASSESSMENTS
NOT VET PAYABLE AGAINST &MD SUl!JOMSIOHOR
ANY PA.RT THERIE.OF, ANO THAT THIS CERTIFICATE DOES
NOT INClUOE "1ff AS.SE$$MENT$0F Alff A$$E$$MENT
OISTfitlCTS. THE 80NOS OF 'M-ICH HAYE NOT YET BECOME A
LIEN AGAINST SAID LANO OR Nff PART THEREOF
TM COLLECTOR, c:~-o~, --- SHASTA, CAUF'ORNA
CITY SORVEVQRS STAT(M'(NT
I. HE"EBY STATE THAT I HAVE EJWMNEO TK$ MAP AHO
1AM $AT1$FIEOTHAT THIS MAP IS TECttNk:AlLY CORRECT
JE:S.SE LE.NA.KER. CIJY SURVEYOR bXf@'. lS 1515
CITY ENGINEER'S STAT£MEN'C
I. HERIEBV STATE THAT I HAVE EXAMINED THIS MN' AND
THAT THE SUBOIVISION AS s~ HEREON IS su eslNmAU.Y
THE SAME AS IT N'Pf.AAEO ON TME TENTATIVE MAP AND
Nff APPftO\ltDM.TERAnoNS lHEREOf!:· TH,if ALL THE
PROVISIONS OF' THE CAllFORNIA ·sUBDMStoN MAP N:.r AND
Loc,.t OROl~S I\PPUCABLE AT btE T1i.E OF ~OVAL. OF THE
T£NTATM. Ill.AP '""VE BEEN COMPUEO WITH.
DATE
SETf-1 PETIUE CIT'f' E.N011'41EE:R
R.C.E. 72333
PLEASANT HILLS ESTATES UNIT 5
S-99-01
8E1N0 A 0M$10N OF PAR-CE\. 1 OF THE Pl.A RE.CORDEO A$ INST, NO. 2021-0007)41 IN THEN 112 OF SECTtON rt TXIN. RM. MOM lYING IN THE CITY OF ANO£RSON. SHASTA CO'--"ilTY CALIF'ORNtA.
FOR
BRIAN WALKE"R E"T AL INST 2011../J001311
°WHITSON ENGINEERING, INC.
.OCIE APRlt.2023
1035 fUflEl(A WAY
RCOCNNG. CAt.trORMA. flOtt>t
{S30)2":.Ul6t
L.1SJil.
A NOTARY PUBllC OR OTI-ER OFFICER COMPLETINO THSCERTIFtcATE VERIFIES ONLY TH£ IDENTITY OF THE INDMDLW. WHO ~GHED 1'1-tE DOCUMENT TO v.,.tlCH THIS CERTIFICATE"ATTACHEO.ANO NOT THE TRUTHFULNESS. ACCIJRACY Oft $TAT£ OF tAIJFORN~
JS$. COUNTY OF SHASTA )
ON _____________ 8EfORE ME.
A NOTARY PU8UC .PERSO.W.LY
A.PP~ED
~O PROVEO TO ME ON THE BASSS OF SATISFACTORY EVIDENCE TO SE THE PER.SONI($) 'IN'HO$E NAME<$) ISIAAE. SUl)SCRIBED TO THE WIThlN INSTRUMEHT A.NDACKNOM..EDGEO TO ME THAT HE/SHE/THEY EJI.ECUTED THE SMfE IN HISMER/THEUI NJTHORIZED CAPACITYIIESI. ANO THAT 8Y 1-tSIHER/lHEIR SIGNATURE(51 ON THE IN'STRUMENT THE PERSONIS>. DR THE ENTITY UPON BEHALF OF WHICH THE. PERSONISI ACTED EX.ECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OR PERJURY UNDER THE LAWS Of THE STA.rt OF c,.uf:Q11NIA TMAT lHE FOREG<HNG PARAGRAPH 1$ TRuE ANO CORRECT.
WITNESS MY ...W.0
NAME (PRINT}
COMMISSKJf,INUMBER ____________ _
MY COMWSS,ON l:XPIFll!S
lOFFJC~ SE.Al NOT REOUIREO)
NOTARY'$ C04JNT'I' OF 9USINE.SS
AHOTARV PUBLIC Ost OTHER OFFICER COMPLETI~ THIS CERftflCATE '\IERIFIE5 ONLY THE IDENTITY OF THE ,NCMOUAI. WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHEO. 1iHD ,..OT THE TltlrtHFULNEH-.ACCURAC-Y OA:
•FTt
STATE OF CAUFORMAJ
)SS.
COUNTY Of St!ASTA I
ON _____________ BEFORE hlE.
A NOTARY" PU8LK:. , PEftSONALL Y
APPEARED
W10 PROVED TO ME.ON THE BASeSOF SAT~F,t,CTORY EVIDENCE TO BE THE PERSON!.S) WHOSE NAMEtS)ISIME SUB5CRIBED TO THE WITHIN INSTRUME.Nl .&HDACl<NOWLEOGED TO ME THAT HEISHE/THEY eXECUTEO fl1E SAME lN H1$n-lER/THEIA AUTHOAW.OCA.PACITY(IESJ. AND TKAT 81' HISMEMHEIR $.IONATUREIS>ON THE INSTRUMENT THE PERSONcS). OR THE £NTJ'tY UP()N 8EHAlF (>F YWHICH THE P1:A$0Nt$• ACTED. EJr;E.tUT£() THE INSTRUMENT.
I CERTIFY UfC>ER PENAL TY Oft PERJURY UN>ER: THE LAWS OF THE STATE Of CALIFORNIA Tlio\T THE FOREGOING PAAAGR,\PH IS TRVE ANO CORRECT WITN£S$1rif't'~0
NAME. (PRINT)
-CO~ISSK>NNUIIIIBER ____________ _
MY COMMSSSION EX~RE$
(OFFICIAL SEAL NOT REOUiA:EO)
ft\lOTAAY'S COUNT'¥' OF BUSINESS
I
A NOTAA1' PIJBllC OR OTI-ER OFFICER COMPLEnNO THIS CERTIFICATE. VERIFIES ONL 1 THE IDENTITY OF THE IN0M0UAC. WHO ~GNEO '"E DOCUMENT TO 'M-tlCH THIS CERTIFICATE iS ATTAC11EO,AND NOT THE TRUTHFUi.NESS. ACCURACY. OR ST/I.TE OF CAUFORNtA)
JSS.
COUNTY Of SHASTA )
ON _____________ BEFORE:ME..
A NOTARY PU8UC .P£ftSONALLY
APPEARED
WHO PROV£0 TO ME ON Tl1E 8ASISOF SATISFACTORY EVIIDENCE TO SE THE PERSO~SJ IM-IOSE KA.MEIS} ,SIARE SUBSCRl8ED TO 11-IE Wlll41N
INSTRUMENT AHO ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN Hl$M£R/THEJR AUTHORlllO CAPACIT'\"jlES). AND THAT BY HIS/HER/THEIR SIGNA.TURE(S) ON THE INSiTRUMEHT THE PERSON($). OR THE ENTnY UPON BEKALI OFWHIOI THE PERSONjS) ACTEO. EXE.CUTE.D THE INSTSIUM£Nf.
I eERTIFY UNOER PENAL."T'r OR PERJURY UNDER THE L.AWSOF fHE. STATE OF CALIFORNIA tHA.T THE FOREGOING PAR,,l,GAAPl1 IS TRUE ANO COltllli!CT 1NITNESSMY-f'Wrf0
NAME <PRINT)
COw.tlSSIONNVMIIER ____________ _
MY COMMISSION EXPIRES
!OFFICIAi. SEM. NOT REQUIRED)
NOTAAV-S. COUNTY OF BUSINESS
"NOTAA:Y PVBUC OR OTHER OFFte.ER cOMPl,ETlNG TtaSC£RTIFICATE VERIFIES ONLY THE IDENTln OF THE IHDMOUAL WtlO SIG1<4EDTl-4£ DOCUIIIENT TOY\HICH nt1$ CERTIFN:ATE 1$ATTACHE0. ANO NOT THE TR\JTHFUI.NE.S.S. ACCURACY. OR
STATE OF CALIFORNIA)
JSS.
COUNTY OF $HA$TA I
ON _____________ GEFORE ME
A NOTARY PUBLIC P£RSONAa.LY
APPEAAEO
WHO PROVEO TO Mc ON TH€ 8ASJS OF SAnSFACTOAY EVIDENCE TO Bl. THE P£RSON(S) WHOSE NAME:fS) 1511\Rf suesci:ueea TO fHE WTHltt INSTRUMENT AN0.11.CKNO'M..EOGEO f O ME THAT HE/$,HE/'TH(Y EXECUTED THE SAME IN HIS/HER/THEIR AUTHOfllZED CAPA.aTV<IE!i). ANO THAT 8'1' Hls.t!ER/THEIR stGNATUREiS) ON THE INSTRUMENT THI: PERSON(SI. OR TH( ENTITY uPON BEHALF OF WHICtt THE PE.RSON(SJ ACTED, E.11.ECUTIED TH£ tNSTRUMENT
I CERTIFY UNDER PENAL.TV OR P(RJIJRY UNOER T11E LAWS OF THE STATE OF CAUfQA:N&A TMAT THE FOREGOING PARAGRAPH 1$ TRUE ANOCORA:ECT WITN(SSlitlKAt-C
NAME (PRINT)
COMMISSIONNVMBU t ____________ _
M't COMM1$$10N EXPl:RI:$
tOFFICIAL SEAL NOT REOUIREDJ
NOTAA'l"'S COUNTY OF 8USiNE$S
t
YJCINIJY MAP NTS
PLEASANT HILLS ESTATES UNIT 5
S-99-01
BEING A DMSION OF PARCEL 1 OF THE Pl.A RECORDED AS INST.
NO. 2021.QIX)7341 IN n-tE N 112 OF S(CTION 'fl TJON. R4W. MOM LYING IN THE CITY OF ANDERSON, SliASTACOUNTY. CM.IFORNIA.
FOR
BRIAN WALKER ET AL IN$r 2021-0IX)l.J.ft
ff'nrTSON ENC/NEER/NC, INC.
-'M,..l;N1Hll,:l'(pJ
f U35ElJRE,C,,. ty,4Y
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NOTE: 1) 20' 'MOE P.T.&T. (,t,S(M(NT P£R 44-0ft-231, LOCATION CANNOT BE OEJERWtNEO F"R()M PVBUC RECORDS.
2) WATERL.IIIE EASEMENT PER INST 2009-0028-JO IS
LOCAlE0 ON Pl.EA.SANT HILLS UNIT I, PER 2J Ml 100.
PUBUC: S(RVICE EAS(M(HT NOTE
AJI public se-rvice enemenb CPSE",I n~own on thi, m•p •ie dedicatt'd fo, the purpose to trtct, insult coMtruct. rtmow-t. ttpilf. r•pf•c•. rKonstruct, maintain and u~ tor th• tran,m,u,on, dis.u,button and dehw,y of •liKtriaty. w•t•r. sewe,. storm watt-r.
JH, oblit te-levi\tQII, communicatio~ illnd inform•tion seN1c• utiCiltH, for ~blic ~rvic• and ~ere ency a,cces, purpoH1i and any and all material'l. fmurr:s., and nece-ssary t-QU11pmen1 fc>r pubhc s.ervtee and emer1encv accen, alona, upon, under and .acrou. the ,arc.I ot real property 11, 1,hown on th1$ map. Re1,e>0n11btlny fa, ma1n1enan,ce of Yid lands, roadway, and roadw~ Wloulder, Wlall rem11n with the owntr al the ree tille,of utd land and nath1n1 conta1n~d her em shall be construed to ass.in m11ntenanc• rupo,n1b,llty ta lh• Crty of And•r'-Dn.
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FN0 STANDARD CEN?£RUNE MONUMENT MK'0 RCE 24121 PCR 25 M 13. fl.ID f4 REBAR W/ PlASTlC CAP MK'O RCE 24121 PCR 25 M 2!5.
FND STANDARD CENT'ERUNE MONUMENT MK'O Act 24121 PCR 25 M 25. n,.io 3/4"' BRASS WASHER •nfO RCE 24121" P(R 2S M 25.
RECORD AND MEAS. PCR INST. 2006-00J66l8.
RECORD AND W(AS. P£R INST. NO. 2021-0007341.
R[CORO ANO ME'AS, PER 25' M 1J,
RtCORO ANO WEAS. PEA 25> M 25>.
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~~ ~ I PLEASANr HILLS tSfATES
UNIT J PCR 2S "' 2S
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OEINGA DMSION OF PARCIEl, 1 OF THE. Pl.A IIECOROEDAS INST.
NO. 2021..(I007:)CI IN THE N 1'2 OF SECT~N V T30N. R4W, M l)M LYING IN THE GITY OF ANDERSON. Sl-tASTA COUNTY CALIFORNIA.
FOR
SR/AN WALKER ET AL INSr 2021-tl(JC734t
m,lTSON ENCTNEERINC, INC.
--- - I UNIT 2 P£RH~s •E~~• rts 1«1.$ Et.lREt<A WA)'
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SET l / •" BRASS WASHER MK"D RcE 24121' 7.~·w.e .• OR AS INOJED.
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FOR
BRIAN WALKER ET AL JNS12021-IJ0013'I
WarrsoN ENGINEERING, INC.
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NO 202l.«07341 •N THEN 1J'20F SECTION 'D TJON. A4W. MOM I, YINO IN THE CITY Of NIDERSON. SHASf,._ COUNTI' CAUIO,-NLA..
FOR
BRIAN WALKER ET AL IN$t2a2t-tJOOt,,lr
'WifITSON ENCINEERINC, INC.
SCM.E. t·•W .Q.tl rE APRtt 2'123
1(JJ$EL/REKA.WAY
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CONCENTRIC WITH THE $TREET R/tNUNI.ESS
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DETAIL 'A' N.T.S.
PLEASANT HILLS ESTATES UNIT 5
S-99-01
BEING A 01111sloN of PAR2h, oF Tt1EPv.ReCORDED AS INST
NO. 20214>07341 IN THEN 1/2 OF SECTION 27 TJON. IIUW. MOM lYINO IN THE cm OF ANDERSON. SHASTA COUNTY CAUFORNlA.
FOR
BRIAN WALKER ET AL INSr 20214XJOl'3,,l1
~"fTSON ENCINEERINC, INC.
SCME: 1-..,00' a41E APlffl.2'fJ2J
IOJSEUREKA WAt'
REOOING. CAJ.irORMA.. SISOOr 15JfJ}2'Ut8t
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Une I l..,Qth Direction
OS-20 28.89' S42'l2'01-W
OS-19 1.00' M79'16'19"E
os-1~ 200.,a· $D0"21'45"'W
OS-14 5>'.34' $41" 1'04"[
OS-1J 21g,05· N66'l5"56.E
OS-12 212.oe· N08'0S'08·w
os-11 214,09' Ml8'26'"•w
os-10 292.:16' N50"3J'J6.E
os-o 84.r.B' 540'57'57"[
os-a 29\..46' $181)0'01 .. E
OS-7 102,58' S42"41'05"E
os-e 11l.94' S7G.J1'25"'E
OS 6 4t.7J' N00"18'50'"W
OS-• 106.43' N52-05'58"W
OS-J 260.56' N18"24'02"W
OS-2 180.71' N09.47'4irw
OS-1 786.8$' 5e9"J8''6"W
OS 28 101,29' NJ0'44'48tW
OS-27 '252.67. S621e·22·w
OS-25 162.87' N80•46'JO"'W
05-26 94.16' ss2'!>9'2;rw
OS-29 277.95' N64~5•4&•(
OS-lO 165.62' N46'25'0YW
OS- " &.76' N'Y41'46•E;
OS-JZ 88.~· N~9i7'26"E
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OS-24 405.69" 1'41'04"t
OS-22 184.75' S68"20'00"E
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NOTES:
l'HI( ,ou.owNC OATA IS FOR INFORMATION PURPOSES A.HO OE:SCRIB£S CONDITIONS AS or 1"11[ DATE or F'IUNC AND IS NOT INTENDED TO AFF'ECT RECORD mu INTEREST.
CONOIT10NS OF APPROVAL
7 All 1'00I' CovEA:IN0$ $.HAI.L 8E Cl.A$$ ·Ar ASS8,i181,.IES.
10. IF ARCtNot.OGICAL MATERIALS ME UNCov£R:1:D 0U~IN()(:0N$TRVCTION. CONSTRUCTION SNALL BE STOPPED TO E.NABU: A QUALIFIED AACHAE.OLOGIST RETAINED 8Y THE 0€VEt.OPER NKJ APPROVED BY THE CO,....,...TY NolO ECONOMIC. 01:VElOPMIENT OIR(CTOR TO REVIEW TNE stTE ANO TO SOGGE ST ~ - .. --____ .,.__ 1, IN .ACCOROAHCE WITH crrv POUCV If' A SIGN~CANT NA.1M AMERICAN CUI.. TURAI.. OR SACRED FIND IS MAOE 1H THE QptNK,N OF THE MOHITOR YI.ORK WLL BE STOPPED TO OETE.RMINE THE SIGNIFICANCE OF THI: F9ND AHO TO DEVELOP THE .t.PPROPtUATE t.lJTIOAnON MEA5UAE$ CONSISTENT WITttTHE STATE l.J\W.
12. NO LOT GRACING IS PERMTTED IN AREAS'MiERE SLOPES EXCl:1:0 30 PEAtENT 51 All HOUSES Wll BE A00fll£H£O ~0 MAAK.EOAS PEA: ~0E.A$0N FIRE PROTECTION DtSTfUCT $TANDARO$.
52. SE.TBACKS. ROOF CHtMNEYS SH.Alt. -'"LY TO lHI: COUNTY FSA:E SAFE $TANOARtl$ANOLl8C, lJFC. ~~¾ "%
53. .-.&...l STR:UCTU~ts &HAt.L CONFORM TO THE ZOMNG ORotNA.NCE. SE.TBACKS.ALL STRUCTURES ON PARCEi.$ TKAT IIIACI< I.JP TO WILD LAND AREAS SHALL NOT IE LOCATED CLOSER THAN 30' TO THE PROPERTY LINE ADJACENT TO THE WlO \.AND AREA.
' ', PAA<XL '[' _ Jr_
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GRAPHIC SCALE
~-~ ~-
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,p ~ ~-~ STRUCYUl\t ll)c;ATEO MOR£ THAN l!SO'FROII APAVEO STR£ETSH4LL W..'vE.ANALL WEATHl:R "'~):: ROAD CON&TRUCOON INTO THE STRUCfURE BUILT TO STMIDAJtDS APPROVED BY THE ANDERSON / (b"'t-.r FlltEPfltOTEC:1'0NOl$TAtCT
I I 55. STRUCTU"ES SI-IAI.L BE lOCAiTf:D AS TO 1\10 181.0CK OR HINOER A(:CE$$ TO THE REAR OF ll1E I I PROPl;'.RTY FOA FIRE SUPPRESSION. 1 56- Nl't HON-8UIL0tNG AREAS ARE INDICATED. •NCLUOtNG EASEMeNTS. EXCESS SLOPES AND PROTECTED AREAS. INSTRUCTIONS FOR fMJNTlNANCE. OF THESE M£AS. INCLUDINO V£CETAT10N ~EMEJ(l fd«>Ef«>stOIIICO~OLAA.E<)N THE FINAL li&APi$)AN0AAEV1$18lE TO THE TITlE. S(AAC.H I
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NON-BUILDING AREA (11.09AC)
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\ " \ \ #D~ ATTACHMENT SHEET
PLEASANT HILLS ESTATES UNIT 5
S-99-01
(
! : : .,S ~ .. ~<; ~.,, ... ~r:;..,"' ,} ..,.., ...
BEING A OMstON Of PARCEL 1 Of THE PL.A RECORDED AS tNST.
NO. :iO:tt-OOOn.-1 IN THEN U2 OF $EC.T10N 11 TlON. R4W, MOM t. YING 9N f,..£ CrTY O~ ANOE'-S.ON, $HAST A COUNTY CAUFOA.NLA.
FOR
SR/AN WALKER ET AL JNSrntr.JJODl'34r
'WarrsoN ENGINEERING, INC.
r SCALE. t "lt«f
041E .APRH. 2023
1CJ»81,/1tEICAWAY
REDOING. CN.JroR/t,IIA, 9IJIJO' ~ 24.Utlt
;fl_T Of 7
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
CITY OF ANDERSON
1887 Howard Street
Anderson, California 96007
ATTN: City Clerk
(Exempt from Recording Fees - Government Code§ 27383)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SUBDIVISION IMPROVEMENT AGREEMENT
FOR COMPLETION OF PUBLIC IMPROVEMENTS
PLEASANT HILLS SUBDIVISION TSM 99-0 I
UNITS
between
THE CITY OF ANDERSON
a California municipal corporation
and
BRIAN A. WALKER AND JENNIFER L. WALKER, TRUSTEES OF THE BRIAN A.
AND JENNIFER L. WALKER REVOCABLE TRUST, AS TO AN UNDIVIDED 70% AND JON C. WAR REN AND SHANDA M. WARR EN, TRUSTEES OF THE WARREN 2006 TRUST DATED JULY 19, 2006, AS TO THE REMAINING 30% EXHIBIT "B"
(Insert the 12/1/2022 improvement plans approved by the City Engineer) I t
...
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I
INTERIM EROSION CONTROL PLAN
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