CITY COUNCIL AGENDA
October 1, 2024
REGULAR SESSION - 6:00 P.M,
CLOSED SESSION FOLLOWING
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 ~w.ci&0derson.ca.us 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. 202S0.
City Council Meeting
October 1, 2024
1.0 ROLL CALL - COUNCIL:
REGULAR SESSION - 6;00 P,M,
Councilmember Baugh
Councilmember Gallagher
Councilmember Gallier
Vice-Mayor Hunt
Mayor Neutze
2.0 INVOCATION -Ryan Wildauer, Neighborhood Church of Anderson/Cottonwood, will give the invocation.
3.0 PLEDGE OF ALLEGIANCE - Vice Mayor Melissa Hunt.
4.3 PRESENTATIONS
a. Appreciation for the Anderson High School boys who assisted a citizen in need during an incident in the Anderson River Park.
b. Appreciation for Jeff Adams many years of service for the City of Anderson. c. Recreation Supervisor Erin Luevano will give an update on summer activities.
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 September 17, 2024.
6.2 WARRANTS -Receive and file warrant 32924 to 32977 in the amount of $229,355.27; Receive and file ACH in the amount of $54,981.34; Receive and file warrant 32978 to 33035 in the amount of $89,061.43. Receive and file ACH in the amount of $55,386.79.
6.5 CITY MANAGER - Letter of Support for Visions of the Cross.
City Council Meeting
October 1, 2024
6.10 PUBLIC WORKS -Adopt Ordinance No 862 (second reading) amending Chapters 17.60 of the Anderson Municipal Code regarding uses permitted with a residence or in a Residential District update and as introduced (first reading) on September 17, 2024.
END OF CONSENT CALENDAR
6.11 ITEMS (IF ANY) REMOVED FROM THE CONSENT CALENDAR - Items removed from the Consent Agenda for discussion will be treated as Re9ular 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 less.
REGULAR AGENDA
8.0 REGULAR AGENDA - Regular Agenda Items will be discussed individually and in order.
8.3 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 MANAGER
EMPLOYMENT AGREEMENT WITH OLIVER COLLINS AS CITY OF ANDERSON CHIEF OF POLICE
RECOMMENDED ACTION:
Authorize City Manager to sign an employment agreement with Oliver Collins as City of Anderson Chief of Police.
11.0 COUNCIL REPORTS/COMMENTS - City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bill 1234.)
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 CiO, Council will convene to Closed Session.
CLOSED SESSION
C.S.1 PUBLIC EMPLOYEE PERFORMANCE EVALUTION
(Gov't. Code Section 54957)
Title: City Manager
The CiO, Council will reconvene to Open Session.
13.0 CLOSED SESSION ANNOUNCEMENT: The Mayor will announce the results of the Closed Session.
14.0 ADfOURN - The City Council will awourn to October 15. 2024,
ANDERSON CITY COUNCIL MINUTES
Regular Meeting
September 17, 2024
REGULAR SESSION
The regular session was called to order at 6:00 p.m.
ROLL CALL
Councilmembers present: Councilmember Baugh
Councilmember Gallagher
Councilmember Gallier
Vice-Mayor Hunt
Mayor Neutze
DRAFT
Also present: City Manager Joey Forseth-Deshais, City Attorney Collin Bogener, Police Chief Greg Baarts, Public Works Director Adam Whelen, Finance Director Cindy Wheeler and City Clerk Christy White.
INVOCATION
Councilmember Mike Gallagher gave the invocation.
PLEDGE OF ALLEGIANCE
Councilmember Susie Baugh led the Pledge of Allegiance.
STUDENT REPORTS
Marissa, ASB Vice President, gave a report on activities at Anderson High School.
PRESENTATIONS
Cascade Union Elementary School District Superintendent Jason Provence gave a presentation on Measure I.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Chris Kelstrom spoke apologizing to Council in regards to the Cottonwood car parade last weekend.
Marci Fernandez spoke to Council regarding the need for housing in Anderson.
ITEM hl. 10/1/2024
City Council Meeting
October 1, 2024
CONSENT AGENDA
By motion made, second (Baugh/Gallier) and carried by a 5-0 vote, Council took the following action.
Approved the minutes of the regular meeting of September 3, 2024.
Received and filed warrant 32818 to 32870 in the amount of $187,795.52; Received and filed ACH in the amount of $56,051.06; Received and filed warrant 32871 to 32923 in the amount of $84,867.16.
Approved the First Amendment to the Employment Agreement for City Manager Joey Forseth-Deshais.
Adopted Resolution No. 24-41 Amending the 2023-2024 Adopted Budget.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Baugh, Gallier, Gallagher, Hunt and Mayor Neutze.
None.
None.
None.
ITEMS REMOVED FROM THE CONSENT CALENDAR
LETTER OF OPPOSITION TOWARDS ASSEMBLY BILL 3093 (WARD)
Councilmember Gallagher pulled item 6.5 from the consent agenda and spoke in support of the opposition letter but indicated it is a waste of time to send the letter and would be voting no on sending the letter.
By motion made, seconded (Hunt/Baugh) and carried by a 4-0 vote Council voted to send the letter of opposition toward Assembly Bill 3093.
AYES:
NOES:
ABSTAIN:
ABSENT:
Council members Hunt, Baugh, Gallier, Hunt and Mayor Neutze.
Gallagher.
None.
None.
ALL NOTICES WERE GIVEN ACCORDING TO LAW
PUBLIC HEARINGS
AMENDMENT TO CHAPTER 17.60 - USES PERMITTED WITH A RESIDENCE OR IN
RESIDENTIAL DISTRICTS TO COMPLY WITH STATE OF CALIFORNIA'S GOVERNMENT CODE SECTION 66314
Public Works Director Adam Whelen gave a staff report and answered questions from Council.
City Council Meeting
October 1, 2024
6:36 p.m. the public hearing was opened and closed. No comments were received.
By motion made, seconded (Hunt/Gallier) and carried by a 5-0 vote Council voted to adopt the CEQA determination and approve an Ordinance (first reading) amending Chapters
17.60 of the Anderson Municipal Code regarding uses permitted with a residence or in a Residential District update and set for adoption (second reading) on October 1, 2024. ~: AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Hunt, Gallier, Gallagher, Hunt, and Mayor Neutze.
None.
None.
None.
REGULAR AGENDA
CITY MANAGER
CONSIDER APPROVAL OF RESOLUTION DECLARING ANDERSON AS A "PARENT RIGHT TO KNOW" CITY
City Manager Joey Forseth-Deshais gave a staff report and answered questions from Council.
By motion made, seconded (Hunt/Baugh) and carried by a 5-0 vote Council voted to approve Resolution No 24-42 Declaring Anderson as a "Parent Right to Know" City.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Hunt, Baugh, Gallagher, Gallier, and Mayor Neutze.
None.
None.
None.
Leslie Sawyer spoke thanking Council for their support, commitment and adoption of the Resolution.
PUBLIC WORKS DIRECTOR
PROFESSIONAL SERVICES AGREEMENT WITH PACE ENGINEERING FOR THE 2024 ARC
FLASH STUDY
Public Works Director Adam Whelen gave a staff report and answered questions from Council.
By motion made, seconded (Hunt/Gallier) and carried by a 5-0 vote Council voted to authorize the City Manager to execute a Professional Service Agreement with PACE Engineering for the 2024 Master Water Plan.
City Council Meeting
October 1, 2024
~: AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Hunt, Gallier, Gallagher, Baugh and Mayor Neutze.
None.
None.
None.
PROFESSIONAL SERVICES AGREEMENT WITH PACE ENGINEERING FOR THE 2024
MASTER WATER PLAN
Public Works Director Adam Whelen gave a staff report and answered questions from Council.
By motion made, seconded (Gallier/Gallagher) and carried by a 5-0 vote Council voted to authorize the City Manager to execute a Professional Service Agreement with PACE Engineering for the 2024 Master Water Plan.
AYES:
NOES:
Councilmembers Gallier, Gallagher, Baugh, Hunt and Mayor Neutze.
None.
ABSTAIN: None.
ABSENT: None.
MCMURRY DRIVE REHABILITATION PROJECT-AUTHORIZATION TO AWARD Public Works Director Adam Whelen gave a staff report and answered questions from Council.
By motion made, seconded (Baugh/Hunt) and carried by a 5-0 vote Council voted to award the McMurry Drive Rehabilitation Project contract to J.F. Shea Construction, Inc. for $777,747.00, authorize the City Manager to execute the contract upon receipt of the required insurance certificates, payment bond, and performance bond, authorize the Public Works Director to approve change orders not to exceed 20% of the bid amount. ~: AYES: Councilmembers Baugh, Hunt, Gallagher, Gallier and Mayor Neutze.
NOES: None.
ABSTAIN: None.
ABSENT: 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.
7:02 p.m.: The City Council convened to Closed Session.
CLOSED SESSION
City Council Meeting -
October 1, 2024
7:34 p.m.: The City council reconvened to Qpen Session.
CLOSED SESSION ANNOUNCEMENT
CQNFERIJNCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to§ 54956.9(c): (One case) PQBLIC EMPLQYEE PERFORMANCE tiYALUTION
(Gov't. Code Section 54957)
Title: City Manager
Mayor Neutze announced that the Council sat in Closed Session with no reportable action.
ADJOURNMENT
7:34p.m.: The City Council adjourned to October 1, 2024, Stan Neutze, Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
I Oct 1, 2024, City Council Meeting
-Deshais, City Manager
nted By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Cindy Wheeler, Finance Director /Treasurer
Date: October 1, 2024
!SUBJECT
Receive and File Weekly Warrant Registers.
I RECOMMENDATION
Receive and file warrant 32924 to 32977 in the amount of $229,355.27; Receive and file ACH in the amount of $54,981.34; Receive and file warrant 32978 to 33035 in the amount of $89,061.43. Receive and file ACH in the amount of $55,386.79.
I ATTACHMENT
Warrant Registers.
ITEM 6.2 PAGE1 10/1/2024
CHECK REGISTER
VENDOR NAME CHECK CHECK CHECK
DESCRIPTION DATE NUMBER AMOUNT
000201 AL'S SAW SHOP
EQUIPMENT 9/13/2024 32924 $78.07
000272 ALLIANT INSURANCE SVCS, INC.
INSURANCE PREMIUM 9/13/2024 32925 $108.00
000684 B & P FENCING, INC.
PROFESSIONAL SVCS & EQUIPMENT 9/13/2024 32926 $7,650.00 012144 GREG BAARTS
PER DIEM-TRAINING 9/13/2024 32927 $312.00
000700 BADGER METER, INC.
EQUIPMENT 9/13/2024 32928 $255.85
000922 SUSAN BAUGH
HEALTH INS. REIMBURSEMENT 9/13/2024 32929 $349.40
012114 BLOOM'S MOBILE TRUCK & EQUIPME
PROFESSIONAL SERVICES 9/13/2024 32930 $1,350.00
001288 BORGES & MAHONEY INC.
SUPPLIES 9/13/2024 32931 $120.44
001757 CALL CENTER SALES PRO
PROFESSIONAL SERVICES 9/13/2024 32932 $28.10
001912 CASCADE COMFORT SERVICES
PROFESSIONAL SERVICES 9/13/2024 32933 $99.00
001961 CCH INCORPORATED
GAAPGUIDE 9/13/2024 32934 $915.23
012217 KALENA CHAO
CLEANING DEPOSIT REFUND 9/13/2024 32935 $595.00
002047 CHARTER COMMUNICATIONS
INTERNET SERVICES 9/13/2024 32936 $819.00
PAGEl
VENDOR NAME CHECK CHECK CHECK
DESCRIPTION DATE NUMBER AMOUNT
002047 CHARTER COMMUNICATIONS
INTERNET SERVICES 9/13/2024 32937 $699.00
002047 CHARTER COMMUNICATIONS
INTERNET SERVICES 9/13/2024 32938 $104.98
002165 CITY OF REDDING
IPSS AGREEMENT FY 2024-2025 9/13/2024 32939 $117,579.00 002165 CITY OF REDDING
LIBRARY CONTRIBUTION 9/13/2024 32940 $3,932.18
002485 COTTONWOOD SMALL ANIMAL
PROFESSIONAL SERVICES 9/13/2024 32941 $1,268.00
002592 CRESCO EQUIPMENT RENTALS
EQUIPMENT RENTAL 9/13/2024 32942 $3,933.00
012221 DABELLA
BUILDING PERMIT REFUND 9/13/2024 32943 $361.59
002974 DEPT OF PESTICIDE REGULATION
QAC CERT RENEWAL- DOWDS 9/13/2024 32944 $140.00
003451 ENTERPRISE AUTO PARTS
PARTS 9/13/2024 32945 $1,424.54
003590 FASTENERS INC.
SUPPLIES 9/13/2024 32946 $1,186.52
003618 FERGUSON WATERWORKS #1423
SUPPLIES 9/13/2024 32947 $7,185.39
003670 TYLER FINCH
PER DIEM-TRAINING 9/13/2024 32948 $312.00
012220 FL YING LION INC
PROFESSIONAL SERVICES 9/13/2024 32949 $5,500.00
004040 GENERAL TEAMSTERS #137
DUES FOR MONTH OF AUG-24 9/13/2024 32950 $2,437.00
PAGE2
VENDOR NAME CHECK CHECK CHECK
DESCRIPTION DATE NUMBER AMOUNT
004248 GRAINGER
SUPPLIES 9/13/2024 32951 $642.15
004592 HAVEN HUMANE SOCIETY
ANIMAL SHELTER SERVICES 9/13/2024 32952 $835.00
005257 JENNIFER JIMERSON
PER DIEM-MEETING 9/13/2024 32953 $15.00
005445 K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES 9/13/2024 32954 $644.80
005517 KEN GRADY COMPANY INC.
PROFESSIONAL SVCS & EQUIPMENT 9/13/2024 32955 $8,880.76 005839 LANGUAGE LINE SERVICES
PROFESSIONAL SERVICES 9/13/2024 32956 $6.58
006026 LIDDELL CONST. SUPPLY INC.
SUPPLIES 9/13/2024 32957 $354.92
011946 ERIN LUEVANO
REIMBURSEMENT-SUPPLIES 9/13/2024 32958 $160.82
012218 RITA MANUEL
CLEANING DEPOSIT REFUND 9/13/2024 32959 $350.00
007238 NETSOUND INC
PROFESSIONAL SERVICES 9/13/2024 32960 $12,190.00
007477 OBSIDIAN IT
PROFESSIONAL SERVICES 9/13/2024 32961 $34.86
007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 9/13/2024 32962 $85.96
007617 PACE ENGINEERING, INC.
PROFESSIONAL SERVICES 9/13/2024 32963 $29,826.00
007630 PACIFIC GAS & ELECTRIC
UTILITIES 9/13/2024 32964 $9,340.59
PAGE3
VENDOR NAME CHECK CHECK CHECK
DESCRIPTION DATE NUMBER AMOUNT
007669 PAPE MACHINERY
PROFESSIONAL SERVICES 9/13/2024 32965 $180.00
012017 PRESYNCED PRODUCTIONS
PROFESSIONAL SERVICES 9/13/2024 32966 $1,055.00
012143 R3 CONSULTING GROUP INC.
PROFESSIONAL SERVICES 9/13/2024 32967 $300.00
012176 RING CENTRAL INC
PHONE CHARGES 9/13/2024 32968 $1,800.62
008661 RIVER CITY COMPLIANCE
PROFESSIONAL SERVICES 9/13/2024 32969 $323.00
010384 THE FLAG CENTER
EQUIPMENT 9/13/2024 32970 $829.52
010706 UNION PACIFIC RAILROAD COMPANY
ANNUAL LEASE 10/2/24-10/1/25 9/13/2024 32971 $546.36
010732 UPS
SHIPPING CHARGES 9/13/2024 32972 $32.90
012222 FRED VILLASENOR
CLEANING DEPOSIT REFUND 9/13/2024 32973 $1,245.00
010981 DAVID WAKLEY
OVERPAYMENT-PAYROLL DEDUCTION 9/13/2024 32974 $60.00
010984 WAL-MART SUPER CENTER
CLEANING DEPOSIT REFUND 9/13/2024 32975 $360.00
011064 WM CORPORATE SERVICES, INC
DUMP FEES 9/13/2024 32976 $162.14
011967 MONICA ZAPATA
CLEANING DEPOSIT REFUND 9/13/2024 32977 $350.00
9/12/24 ACH PERS $54,981.34
FOR PAYROLL ENDING 8/30/24 $229,355.27
PAGE4
z ~ 1/13b~
Slanature Dale
CHECK REGISTER
VENDOR NAME CHECK CHECK CHECK
DESCRIPTION DATE NUMBER AMOUNT
001225 BLX GROUP LLC
PROFESSIONAL SERVICES 9/19/2024 6 $1,200.00
000083 ACE HARDWARE
SUPPLIES-JOB# 6 9/20/2024 32978 $2,011.55
VOID CHECK 9/20/2024 32979
011929 ACME ANALYTICAL SOLUTIONS, INC
SUPPLIES 9/20/2024 32980 $1,767.35
011765 AGILE OCCUPATIONAL MEDICINE, P
PROFESSIONAL SERVICES 9/20/2024 32981 $195.00
000322 AMERICAN FIDELITY ASSURANCE
INSURANCE PREMIUM-SEPT 24 9/20/2024 32982 $2,563.58
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 PE 9/13/24 9/20/2024 32983 $399.98
000462 ANDERSON WALKIN MEDICAL CLINIC
PROFESSIONAL SERVICES 9/20/2024 32984 $150.00
000615 AT&T CALNET
PHONE CHARGES 9/20/2024 32985 $2,315.57
001750 CALIFORNIA SAFETY CO.
PROFESSIONAL SERVICES 9/20/2024 32986 $1,850.00
001912 CASCADE COMFORT SERVICES
PROFESSIONAL SERVICES 9/20/2024 32987 $99.00
002047 CHARTER COMMUNICATIONS
PHONE CHARGES 9/20/2024 32988 $90.61
002047 CHARTER COMMUNICATIONS
INTERNET SERVICES 9/20/2024 32989 $596.03
PAGE 1
VENDOR NAME CHECK CHECK CHECK
DESCRIPTION DATE NUMBER AMOUNT
002167 CITY OF REDDING
UTILITIES 9/20/2024 32990 $1,195.21
002199 CLARK PEST CONTROL OF STOCKTON
PROFESSIONAL SERVICES 9/20/2024 32991 $706.00
002988 DESIGN TIME & TILE
PROFESSIONAL SVCS & MATERIALS 9/20/2024 32992 $3,924.11 003592 FATOR'S MOTORCYCLES SALES, INC
PROFESSIONAL SVCS & PARTS 9/20/2024 32993 $106.04
003927 MIKE GALLAGHER
HEALTH INS. REIMBURSEMENT 9/20/2024 32994 $534.00
008407 GANNETT CALIFORNIA LOCALIQ
ADVERTISING 9/20/2024 32995 $533.70
004570 HARVEST PRINTING COMPANY
SUPPLIES 9/20/2024 32996 $1,433.08
004623 ERIC HAYNES
PER DIEM-TRAINING 9/20/2024 32997 $243.00
004870 HOKEMA'S APPLIANCE, INC.
SUPPLIES 9/20/2024 32998 $38.50
005169 J & T CONSULTING, INC.
PROFESSIONAL SERVICES 9/20/2024 32999 $700.00
005172 J.F. SHEA CONSTRUCTION, INC.
MATERIALS 9/20/2024 33000 $960.64
012076 JOHN ROSSIE
PROFESSIONAL SERVICES 9/20/2024 33001 $2,395.41
006643 MCMASTER-CARR SUPPLY CO.
SUPPLIES 9/20/2024 33002 $19.01
011792 MISSIONSQUARE-302204
PLAN# 302204 P/E 9/13/24 9/20/2024 33003 $4,310.00
PAGE2
VENDOR NAME CHECK CHECK CHECK
DESCRIPTION DATE NUMBER AMOUNT
006958 MOORE & BOGENER
PROFESSIONAL SERVICES 9/20/2024 33004 $8,732.00
008182 QUADIENT LEASING, INC.
QUARTERLY LEASE 9/20/2024 33005 $2,591.91
009256 SCP DISTRIBUTORS, LLC
SUPPLIES 9/20/2024 33006 $3,430.28
009321 HOPE SETH
PROFESSIONAL SERVICES 9/20/2024 33007 $2,640.00
012016 SISKIYOU OPPORTUNITY CENTER
JANITORIAL SERVICES 9/20/2024 33008 $1,871.44
010075 STIMPEL WIEBELHAUS ASSOCIATES,
MATERIALS 9/20/2024 33009 $1,348.42
010360 TEXAS LIFE INSURANCE COMPANY
INSURANCE PREMIUM-SEPT 24 9/20/2024 33010 $820.38
010518 TOMASINI BLACKSMITHING & WELDI
SUPPLIES 9/20/2024 33011 $282.63
011866 UBEOWEST
PROFESSIONAL SVCS & EQUIPMENT 9/20/2024 33012 $190.00
010747 USBANKCORPPYMTSYSTEMS
SALES, EQUIPMENT, TRAINING 9/20/2024 33013 $28,079.09
VOID CHECK 9/20/2024 33014
VOID CHECK 9/20/2024 33015
010754 US POSTAL SERVICE·CMRS-POC
METER POSTAGE ACCT# 7552063 9/20/2024 33016 $5,000.00
010756 USA BLUEBOOK
SUPPLIES 9/20/2024 33017 $266.52
PAGE3
VENDOR NAME CHECK CHECK CHECK
DESCRIPTION DATE NUMBER AMOUNT
012231 WHITMORE UNION ELEMENTARY SCHO
EQUIPMENT 9/20/2024 33018 $2,000.00
1 ARIS, LUCRETIA
US REFUND 9/19/2024 33019 $17.41
1 GONZALEZ, ARTURO
US REFUND 9/19/2024 33020 $17.41
1 JEPSEN, SARAH & AARO
US REFUND 9/19/2024 33021 $13.13
1 NIBERT, MATT & QUE NC
US REFUND 9/19/2024 33022 $13.13
1 NIRMAL S MEHTON MD
US REFUND 9/19/2024 33023 $25.00
1 SQUIER, TERRY
US REFUND 9/19/2024 33024 $17.41
1 WILLIAMS, JOHN
US REFUND 9/19/2024 33025 $6.75
1 BAILIE, ALEX & DONNA
US REFUND 9/20/2024 33026 $17.41
1 BASSETT, ANDY
US REFUND 9/20/2024 33027 $7.41
1 DANTE, RACHEL
US REFUND 9/20/2024 33028 $376.29
1 DOWNEY, MARK & CINDY
US REFUND 9/20/2024 33029 $9.90
1 FOSTER, DUSTIN
US REFUND 9/20/2024 33030 $824.74
1 MCCARY, SABRINA
US REFUND 9/20/2024 33031 $17.41
PAGE4
VENDOR NAME CHECK CHECK CHECK
DESCRIPTION DATE NUMBER AMOUNT
1 MELENDEZ, JUAN & CYN
US REFUND 9/20/2024 33032 $17.41
1 O'BAR, JESSIE
US REFUND 9/20/2024 33033 $17.41
1 RIDGELINE BUILDERS
US REFUND 9/20/2024 33034 $38.17
1 SALINAS, GINA
US REFUND 9/20/2024 33035 $35.00
9/19/24 ACH PERS $55,386.79
FOR PAYROLL ENDING 9/13/24
$89,061.43
PAGES ~
AGENDA ITEM
!October 1, 2024, City Council Meetin~
sented By:
Jo seth-Deshais, City Manager
To:
From:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Date: October 1, 2024
I SUBJECT
Letter of Support for Visions of the Cross
I RECOMMENDATION
The City Manager recommends the approval of the letter of support for Vision of the Cross Residential Recovery Campus Expansion.
I FISCAL IMPACT
None.
I DISCUSSION and BACKGROUND
The Visions of the Cross (VOTC) is a faith-based, therapeutic recovery center located in Redding, California. VOTC specializes in drug and alcohol education and counseling, offering intensive residential and outpatient recovery programs for adult men and women. They also offer programs for the entire family to bestow healing for everyone involved.
VOTC's Residential Recovery Campus Expansion project will enhance the existing residential treatment facility and increase their treatment capacity by 50%. This expansion will provide wraparound support services to 1,450 clients per year here in the north state. The letter of support will help strengthen their application for Behavioral Health Continuum Infrastructure Program (BHCIP) Round 1 grant funding. The goals and objectives of VOTC's Residential ITEM 6.5 PAGE1 10/1/2024
Recovery Expansion Project align with the BHCIP Round 1 grant funding in helping provide needed community-based based behavioral health treatment resources.
I ATTACHMENT
Letter of support
ITEM 6.5 PAGE2 10/1/2024
October 1, 2024
This letter is in support of Visions of the Cross Residential Recovery Campus Expansion.
Visions of the Cross (VOTC, Inc.) has been a trusted provider of faith-based, therapeutic recovery services in Northern California for over a decade. Specializing in substance use disorder (SUD) treatment and recovery, VOTC has consistently adapted to meet the growing and changing needs of vulnerable populations in the region.
The Residential Recovery Campus Expansion project at VOTC, Inc. will enhance the existing residential treatment infrastructure by increasing the number of residential treatment beds and introducing an on-site mental health department that provides services to individuals of all ages, including youth, adolescents, and adults. This expansion will specifically target vulnerable populations, such as pregnant women, families, and incarcerated individuals reentering society. To ensure holistic care, the expanded campus will provide wraparound support services, such as job training, life skills education, parenting programs, and housing navigation assistance.
VOTC currently treats approximately 950 clients per year. With this expanded campus, the number served will increase by 500 (50%) to 1450.
This project will be built using local labor at prevailing wage providing career opportunities for people in the construction trades including individuals transitioning out of the residential program.
The services provided by VOTC are particularly important to the health of our community. Their mission aligns with the Bond BHCIP Round 1 grant goals and addresses critical capacity shortages and service gaps for individuals needing SUD treatment and mental health care.
I strongly encourage BHCIP to award VOTC the requested grant funds.
Thank you.
Sincerely,
Stan Neutze, Mayor
City of Anderson
City Council
1887 Howard Street
Anderson, CA 96007
www.ci.anderson.ca.us Phone: (530) 378-6646
Fax: (530) 378•6648
AGENDA ITEM
!October 1, 2024, City Council Meeting!
To:
Through:
From:
Date:
I SUBJECT
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Adam Whelen, Public Works Director
October 1, 2024
Amendment to Chapter 17.60 - Uses Permitted with a Residence or in Residential Districts to Comply with State of California's Government Code Section 66314
I RECOMMENDATION
Adopt Ordinance No 862 (second reading) amending Chapters 17.60 of the Anderson Municipal Code regarding uses permitted with a residence or in a Residential District update and as introduced (first reading) on September 17, 2024.
I FISCAL IMPACT
There is no fiscal impact.
I DISCUSSION and BACKGROUND
Chapter 17.60 outlines the permitted uses within residential districts, including the conditions for accessory dwelling units (ADUs).
In recent years, the State of California has introduced multiple legislative measures aimed at addressing the ongoing housing crisis. One of the key pieces of legislation is Section 66314, which establishes guidelines for local jurisdictions to facilitate and regulate ADU development. The intent ITEM 6.10 PAGE1 10/1/2024
behind this law is to promote the creation of additional housing options in residential areas while ensuring that local ordinances align with state law.
Our goal is to ensure that the City's regulations comply with these state requirements, supporting the development of AD Us while preserving the character of our community and addressing local housing needs.
I ATTACHMENT
Ordinance
ITEM 6.10 PAGE2 10/1/2024
ORDINANCE NO. 862
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANDERSON AMENDING SECTION 17.60.030 (ACCESSORY RESIDENTIAL DWELLING UNITS) OF CHAPTER 17.60 (USES PERMITTED WITH A RESIDENCE OR IN RESIDENTIAL DISTRICTS), OF TITLE 17 (ZONING) TO UPDATE REQUIREMENTS FOR ACCESSORY DWELLING UNITS IN THE
CITY OF ANDERSON
WHEREAS, in November of 2017, the City of Anderson enacted Ordinance No. 814 to include Section 17.60.030 - Accessory Residential Dwelling Units, intended to meet housing needs by providing additional housing options for family members, students, the elderly, in-home health care providers, the disabled, veterans and others; and to comply with the requirements of California Government Code; and
WHEREAS, since the inclusion of Section 17.60.030 in 2017, the State of California has enacted additional laws and amended existing laws to further define development standards and requirements intended to expand the potential for property owners to include Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) on residential properties; and
WHEREAS, in March of 2024, the California Legislature enacted Senate Bill 477 as an urgency measure to relocate and consolidate the State's Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) regulations to a new location of the Government Code which requires all cross-references to former Government Code sections to be updated; and
WHEREAS, the current 2019-2028 Housing Element Program HE.1.2 requires that the City amend its Zoning Ordinance to comply with all state law pertaining to Accessory Dwelling Units; and
WHEREAS, City staff have reviewed Chapter 17.60 of the Zoning Ordinance of the City of Anderson, and have determined that Section 17.60.030 is no longer in compliance with state law pertaining to Accessory Dwelling Units (ADUs); and
WHEREAS, on August 26, 2024, the Planning Commission held a duly noticed public hearing to consider the staff report, recommendation by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and WHEREAS, The City of Anderson finds that this Ordinance is not a "project" according to the definition set forth in the California Environmental Quality Act ("CEQA"), and, pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment) based on the Addendum to the certified Environmental Impact Report number 2006092026 and approved 2019-2028 City of Anderson, General Plan Housing Element, for which the addendum was adopted, June 2020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANDERSON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals in this Resolution are true and correct and incorporated herein.
SECTION 2. Recommended Approval of the proposed Ordinance based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings made in the staff reports and this Resolution, the Planning Commission of the City of Anderson hereby recommends that the City Council adopt the Ordinance entitled: AN ORDINANCE AMENDING SECTION 17.60.030 (ACCESSORY RESIDENTIAL DWELLING UNITS) OF CHAPTER 17.60 (USES PERMITTED WITH A RESIDENCE OR IN RESIDENTIAL DISTRICTS), OF TITLE 17 (ZONING) TO UPDATE
REQUIREMENTS FOR ACCESSORY DWELLING UNITS IN THE CITY OF ANDERSON SECTION 3. Chapter 17.60 "USES PERMITTED WITH A RESIDENCE OR IN RESIDENTIAL DISTRICTS" of Title 17 "ZONING" of the Anderson Municipal Code is repealed in its entirety and replaced to read as follows:
Chapter 17.60 USES PERMITTED WITH A RESIDENCE OR IN RESIDENTIAL DISTRICTS
17.60.010 Purpose.
Certain land uses may be acceptable within any or certain residential districts; provided, that they meet appropriate standards.
17.60.020 Reserved.
17.60.030 Accessory residential dwelling units.
A. Intent and General Requirements. It is the intent of this section to meet the housing needs of this community by providing additional housing options for family members, students, the elderly, in-home health care providers, the disabled, veterans and others; and to comply with the requirements of California Government Code§ 65852.2 et seq.
The following criteria are set forth to allow for the placement of attached or detached second units on lots in areas zoned for residential use. An accessory dwelling unitattached or detached from the primary residence-shall be permitted upon any lot existing as a legal-lot of record prior to, or after, the effective date of this section.
B. Specific Requirements for Accessory Residential Units.
1. Use. The lot where the accessory residential unit is located must contain an existing single-family dwelling. Accessory units may be occupied only for residential purposes and one of the units on the lot shall be owner-occupied at all times. No accessory dwelling unit shall be used as a short term rental (less than thirty consecutive days).
2. Ownership. An accessory dwelling unit shall not be sold separately from the onefamily residence on the same lot, except as provided in Government Code Section 66341. An accessory dwelling unit may be leased or rented provided the lease or
rental is for thirty consecutive days or longer, unless otherwise permitted by this code.
3. Height. The height shall be no more than the limitations set forth in Government Code section 66321(b)(4)
4. Size. The floor area for the accessory unit shall not be less than four hundred square feet nor shall it exceed one thousand two hundred square feet. Attached units shall not exceed a maximum of fifty percent of the size of the living space of the primary dwelling. Where fifty percent of the living space of the primary dwelling is less than six hundred forty square feet, the living space of a detached accessory dwelling unit may be up to six hundred forty square feet.
5. Development Standards. Unless otherwise stated in Government Code Section 66314, all new construction shall conform to the height, setback, lot coverage, fees and other zoning requirements otherwise applicable to residential construction in the zone in which the property is located. The following standards are also applicable to the construction of accessory residential units. Where there is a conflict between the standards of the zoning district and those that follow, the least restrictive standard shall apply:
a. New Detached Units.
(1) New detached accessory dwelling units shall not be located within a required setback. Building encroachments of up to two feet that are required to achieve compliance with building or fire code standards may be approved by the director where it can be shown that the encroachment is necessary to achieve compliance with California Government Code§ 66314 and the intent of this chapter.
(b) Units within or attached to an existing structure:
(1) Accessory units constructed entirely within a legally existing structure may be located within a required setback. Modifications to such structures where required to meet building or fire code standards may be approved by the director where it can be shown that compliance with the standard would make the project infeasible. Compliance with the standards of the underlying zoning district for the side and rear lot lines shall not be required for a new accessory dwelling unit that is constructed above a legally established garage or residential accessory building.
6. Building Code Compliance. California building code requirements which apply to additions to existing single-family dwellings, as appropriate, will apply to accessory dwelling units.
7. Fire Code Compliance. The accessory dwelling unit shall meet all requirements of the fire protection district, as applicable, for the lot on which the unit is located, including adequate access to the accessory dwelling unit for emergency personnel and equipment. Accessory dwelling units constructed within an existing residence shall not be required to provide fire sprinklers if they are not required for the primary residence.
8. Impact Fees. Unless otherwise stated in Government Code Section 66324, public facility development impact fees for an accessory dwelling unit shall be calculated at the same rate as a single-family development only when the accessory dwelling unit is constructed with the single-family dwelling. Payment of public facility development impact fees shall not be required where the accessory dwelling unit is constructed entirely within an existing structure, and such unit does not have a separate sewer lateral which connects to the city wastewater system or a separate water meter or is less than 750 square feet. Payment of public facility development impact fees otherwise required for a residential unit may be waived by the director where the detached or attached accessory dwelling unit does not have a separate sewer lateral which connects to the city wastewater system or a separate water meter.
9. Septic Systems. Approval by the county environmental health department is required where a private sewage disposal system is being used.
10. Number of Accessory Dwelling Units. There shall be no more than one accessory dwelling unit and junior accessory dwelling unit per legal lot.
11. Parking. Off-street parking requirements for an accessory dwelling unit shall be one additional parking space for a studio or one-bedroom unit, and two additional spaces for a unit with two or more bedrooms. Such parking may be provided as tandem parking on an existing driveway. Where the accessory unit is constructed within an area of existing covered parking required for the use of the primary residence by this code, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to a covered space, uncovered space, or tandem space which meets the dimensional and access standards of Chapter 17 .46, "Off-Street Parking Requirements". Parking shall otherwise comply with California Government Code § 66314 and all other applicable provisions of this code.
C. Exceptions. Exceptions may be granted to the development standards set forth in this section if an administrative design review approval is obtained and the following findings are made by the director:
1. The proposed exception from the development standard(s) is necessary due to physical or other constraints on the lot that make the strict application of the standard(s) impractical or inconsistent with existing development on the lot or in the immediate neighborhood; and
2. The proposed exception from the development standard(s) would not result in a health or safety hazard for existing and future residents on the lot or in the immediate neighborhood.
17 .60.040 Bed and breakfast.
A bed and breakfast facility may be permitted in districts which provide for them if a use permit is first secured; provided that:
A. There shall not be more than two guestrooms.
B. There shall be no more than two adults per guestroom.
C. The guestrooms may be in a detached accessory building if located in a district that permits guesthouses. Such building shall be located behind the primary residence, shall exceed twenty feet in height (unless it is existing), and shall be architecturally compatible with the principal residence.
D. Neither the principal residence or detached building, if any, shall be a mobile home.
E. The owner shall occupy the one-family residence.
F. The guestrooms shall not have individual kitchen facilities.
G. Meals shall be limited to overnight guests.
H. No signs shall be permitted.
I. Separate bed and breakfast facilities shall not be within one thousand five hundred feet driving distance of each other.
J. The facility shall front on a paved road.
K. Off-street parking shall be provided as specified by Section 17.46.040. The parking area shall be located in an inconspicuous area and shall be surfaced to county standards.
L. The facility shall not interfere with or adversely impact surrounding residential uses.
M. No employees are permitted other than those residing in the dwelling unit.
N. The requirements of the department of environmental health shall be met.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance. The City Council of the City of Anderson hereby declares that it would have adopted each section, subsection ·subdivision paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections subdivisions paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 5. CEQA. The City of Anderson finds that this Ordinance is not a "project" according to the definition set forth in the California Environmental Quality Act ("CEQA"), and,
pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 1506 l(b) (3) (there is no possibility the activity in question may have a significant effect on the environment) based on the Addendum to the certified Environmental Impact Report number 2006092026 and approved 2019-2028 City of Anderson, General Plan Housing Element, for which the addendum was adopted, June 2020.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Anderson at a regular meeting on the 17th day of September, 2024, and was duly read and adopted at a regular meeting on the 1st day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
STAN NEUTZE, Mayor
ATTEST:
CHRISTY WHITE, City Clerk
Page6of6
AGENDA ITEM
!October 1, 2024, City Council Meeting!
To:
From:
Date:
!SUBJECT
d for Submittal By:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
October 1, 2024
Employment Agreement with Oliver Collins as City of Anderson Chief of Police.
I RECOMMENDATION
Staff recommends that the City Council:
Authorize City Manager to sign an employment agreement with Oliver Collins as City of Anderson Chief of Police.
I FISCAL IMPACT
The proposed agreement provides an annual base salary for the Chief of Police of $244,275.
I DISCUSSION and BACKGROUND
The recruitment for the Chief of Police started this past May and a total of 24 applications were received through our recruitment firm Peckham and McKenney. The recruiter reviewed the applicants and prescreened them based on their qualifications and phone interviews before recommending their top 10 applicants. Through deeper discussions and review the top six (6) candidates proceeded on to the panelist interviews. Panelist interviews were conducted in the beginning of August between two panels. One panel consisted of our Interim Anderson Police Chief Greg Baarts, Chief Brian Bubar of San Pablo, and Chief Ryan Shackleford of the CHP ITEM 8.3 PAGE1 10/1/2024 .
Northern Division. The other panel consisted of the current City of Anderson leadership team including Christy White (City Clerk), Cindy Wheeler (Finance Director), Adam Whelen (Public Works Director), and Fire Chief, Steve Lowe.
The two finalists then interviewed with the City Manager. After careful review of the candidates, Oliver Collins, the current Captain of Emeryville Police Department was presented a conditional job offer of employment. This offer is pending Council approval of an employment contract and successful completion of his background check, medical exam and other related testing. Mr.
Collins has been the Captain for Emeryville Police Department for the past seven (7) years and before his time there spent 17 years with the Novato Police Department. He is a graduate of P.O.S.T Command College, the FBI National Academy, and holds a Master of Science in Criminal Justice and Leadership Management. Over his 24 year tenure in Law Enforcement Mr. Collins has been part of multiple specialty assignments including SWAT, Detectives, Grants, and Community Engagement.
Throughout the testing process it was evident to both panels that Mr. Collins experience, professionalism, and leadership style will help continue the excellence of the Anderson Police Department.
Highlights of the proposed contract include the following:
• Five (5) year term
• Salary $244,275 Annually
• Vehicle: Provided by the city for commute and business use • Vacation Leave: Accrual rate of five (5) week per year with a credit of 80 hours of vacation leave upon commencement of this agreement.
• Sick Leave: Accrual rate of 96 hours per year with a credit of 100 hours of sick leave upon the commencement of this agreement. With additional sick leave credited at the completion of each year up to five (5) years.
I ATTACHMENTS
Proposed Agreement with Police Chief
ITEM 8.3 PAGE2 10/1/2024
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF ANDERSON AND OLIVER R. COLLINS
This EMPLOYMENT AGREEMENT ("Agreement") is made by and between Oliver R.
Collins ("Employee") and the City of Anderson, a California Municipal Corporation, ("City").
The Parties hereto agree as follows:
Section 1. Employment.
1.1 The City agrees to employ Employee as Chief of Police and he agrees and does accept employment as Chief of Police upon the terms and conditions set forth herein.
1.2 Employee agrees to perform the functions and duties of Chief of Police as set forth in the Municipal Code of the City of Anderson, the California Government Code and such other ethical and/or legal functions and duties as may be established or directed by the City Manager. Employee agrees to perform all such functions and duties to the best of his ability and in a lawful, efficient and competent manner.
1.3 Employee agrees that his employment with the City is at the will and pleasure of the City Manager and that Employee's employment and this Agreement may be terminated by the City Manager, with or with out cause, and without right of appeal or hearing ( except as provided in Section 3.4 of this Agreement), at any time.
Section 2. Term of the Agreement.
2.1 Subject to the City Manager's right to terminate this Agreement and Employee's employment at any time pursuant to Section 3 of this Agreement, this Agreement shall be for an initial term of five (5) years, beginning October 7, 2024, and ending October 6, 2029. Subject to the City Manager's right to terminate this Agreement and Employee's employment at any time pursuant to Section 3 of this Agreement, this Agreement shall automatically be renewed for subsequent one ( 1) year periods unless the City Manager provides written notice to the Employee no less than three (3) months prior to the expiration of the current term or an extended term that the Agreement will be terminated. Unless otherwise provided for by a subsequent written agreement between the Parties, the terms and conditions of this Agreement shall apply to any extended term of this Agreement.
2.2 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the services of Employee and this Agreement, at any time, subject only to the provisions set forth in this Agreement.
2.3 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with the City, subject only to the provisions set forth in this Agreement.
2.4 Except as provided in Section 2.3 of this Agreement, Employee agrees to remain in the exclusive employment of the City during the term of this Agreement, and he shall neither accept other employment nor become employed by any other person, business, or organization 82755.00000\7379553. I
during the term of this Agreement without the written approval of the City Manager. As used in this section, the term "employed" shall not be construed to include occasional teaching, writing, or consulting on Employee's time off, which may be undertaken by the Employee, provided they are conducted with persons, businesses, or organizations not within the City limits. Under no circumstances, however, may Employee engage in outside employment or other activities that present a real or potential conflict of interest with Employee's employment with the City.
Section 3. Termination and Severance Pay.
3.1 Employee serves at the will and pleasure of the City Manager and may be terminated with or without cause, and without right of appeal or hearing ( except as provided in Section 3.4 of this Agreement), at any time. Consequently, nothing in this Agreement shall in any way affect or limit the City Manager's right to terminate the employment of Employee and this Agreement on an at-will basis, with or without cause, and without right of appeal or hearing (except as provided in Section 3.4 of this Agreement), at any time.
3.2 In the event that Employee and this Agreement are terminated without cause, City agrees to provide Employee with severance pay in a lump sum cash payment equal to three (3) months' base salary, less deductions required by law, and subject to the following condition:
payment of severance pay shall be conditioned upon Employee executing a release and waiver of any and all claims against City, it's officers, employees and agents, arising out of his employment with City, and the termination thereof, in such form as may reasonably be required by City. Severance pay shall not be payable unless and until Employee executes such release and waiver and until expiration of all waiver and revocation rights as provided by law at the time of termination of Employee's employment and this Agreement.
3.3 In the event Employee and this Agreement are terminated for cause, Employee shall not be entitled to any severance pay. Termination for cause is defined as follows:
(a) A willful breach of this Agreement.
(b) Habitual neglect of duties required to be performed under this Agreement. ( c) Any acts of dishonesty, fraud, misrepresentation or other acts of moral turpitude.
(d)
City Manager.
Refusal or failure to act in accordance with any directive or order of the
3.4 In the event that Employee and this Agreement are terminated for cause, Employee will be presented with written notice of the basis for said cause. Upon receipt of said written notice, Employee, within five (5) business days, may request a hearing before the City Council. A failure to timely request a hearing acts as a waiver if the right to the hearing. The hearing will be conducted in closed session unless the Employee requests the matter be heard in open session as set forth in Government Code section 54957. The issue at the hearing shall be limited solely to whether or not there is sufficient evidence to support a finding of termination for cause such that the Employee would not be entitled to any severance pay. Under no circumstances shall the Employee be entitled to reinstatement as a result of such hearing. 82755.00000\73 79553.1 2
3.5 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with City, subject only to the provisions set forth in this Agreement. In the event the Employee resigns from his position with the City, then the Employee shall provide the City sixty (60) days' notice in advance, unless the Parties agree otherwise. In the event the Employee resigns, he shall not be entitled to any severance pay, but the City shall pay the Employee for accrued vacation and management leave benefits.
3.6 Notwithstanding any other provision herein, in accordance with Government Code Section 53260, the cash payment that Employee may receive in the event of the termination of this Agreement, as set forth in Section 3.2 above, shall not exceed an amount equal to the monthly base salary of Employee multiplied by the number of months left on the unexpired term of this Agreement.
Section 4. Salary, PERS. Automobile Provision. and Cellular Phone Allowance.
4.1 City agrees to pay Employee for his services rendered a base salary of Two Hundred and Forty Four Thousand, Two Hundred Seventy Five Dollars ($244,275) annually, less required and authorized deductions, in installments at the same time as other employees of the City are paid. Employee will be enrolled in the CalPERS system as a Public Safety Classic member rate of 3%@55. The City Manager, in his/her sole discretion, may grant salary increases to Employee.
4.2 Employee will pay an additional 3% of reportable compensation towards the CalPERS Employer Contribution to the PERS pension, in addition to the employee's contribution share, through payroll deduction on a pre-tax basis.
4.2 City shall provide Employee with a Department vehicle for Employee's exclusive use for business purposes and for commuting to and from work and shall pay for fuel, maintenance and insurance costs of said vehicle. Employee shall be responsible for compliance with all tax laws applicable to his personal use of said vehicle.
4.3 City shall provide Employee a cellular phone and technology allowance of Seventy-Five Dollars ($75.00) per month in lieu of providing a cell phone for Employee's business use.
Section 5. Benefits.
5.1 Employee shall be eligible for the same employee benefits as regular full time Department Heads of the City as said benefits exist from time to time, except as follows:
5.2 For vacation leave accrual purposes, Employee shall accrue Twenty-Five (25) days per year vacation leave upon the commencement of this agreement
5.3 Employee shall be credited with 80 hours of vacation leave upon the commencement of this Agreement.
5.4 For sick leave accrual purposes, Employee shall accrue Eight (8) hours per month.
Upon commencement of this Agreement Employee will be granted 100 hours into his sick leave 82755.00000\7379553. I 3
bank. Upon successful completion of years one (October 7, 2025), two (October 7, 2026), three (October 7, 2027), four (October 7, 2028), and five (October 7, 2029) an additional 100 hours of sick leave shall be placed in his sick leave bank each year. If Employee retires from the City of Anderson after three years of employment, he will be allowed to transfer up 1,000 hours of his sick leave bank into Health Retirement Savings Account (HRSA)
5.4 To the extent the City's approved annual budget designates sufficient funds for the purposes identified in this section, the City agrees to pay for the professional dues and subscriptions necessary for the Employee's continued and full participation in national, state, regional and local associations and organizations necessary and/or desirable for his continued professional participation, growth and advancement, and for the good of the City.
5.5 To the extent the City's approved annual budget designates sufficient funds for the following purposes, the City agrees to pay registration fees and travel subsistence expenses of the Employee for professional and official travel, meetings, and occasions adequate to continue the professional development of the Employee and to adequately pursue necessary and/or appropriate official business and other functions for the City. Upon the prior approval of the City Manager, the City also agrees to pay for related tuition, fees, and travel and subsistence expenses of the Employee for educational degree programs, short courses, institutes, and seminars that are necessary for his professional development and the good of the City.
Section 6. Performance Evaluation.
The City Manager shall review and evaluate the performance of the Employee at least once annually.
Section 7. lndemni fication
City shall defend, hold harmless, and indemnify Employee against any claim, demand, or other legal action as required by applicable law.
Section 8. General Provisions.
8.1 This Agreement supersedes any and all other agreements, either oral or written, between the parties hereto with respect to the employment of Employee by City, and contains all of the covenants and agreements between the parties with respect to the employment of Employee by City.
8.2 Each party agrees and acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein and that any agreement, statement, or promise not contained in this Agreement shall not be valid or binding on either party.
8.3 Any modification of this Agreement will be effective only if made in writing and signed by both Employee and City.
82755.00000\7379553. I 4
8.4 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
8.5 This Agreement shall be governed by and construed in accordance with the law of the State of California.
8.6 This Agreement shall be construed as a whole, according to its fair meaning, and not in favor or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement.
8. 7 Employee acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.
Dated: Dated: ---------- ----------
By: ________ _ By: ----------- Oliver Collins Joey Forseth-Deshais, City Manager City of Anderson
APPROVED AS TO FORM: ATTEST:
Collin Bogner, City Attorney Christy White, City Clerk
82755.00000\7379553.1 s